Text: S.738 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-134 (12/02/1997)

 
[105th Congress Public Law 134]
[From the U.S. Government Printing Office]


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[DOCID: f:publ134.105]


[[Page 2569]]

              AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997

[[Page 111 STAT. 2570]]

Public Law 105-134
105th Congress

                                 An Act


 
 To reform the statutes relating to Amtrak, to authorize appropriations 
 for Amtrak, and for other purposes. <<NOTE: Dec. 2, 1997 -  [S. 738]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Amtrak Reform 
and Accountability Act of 1997. Intergovernmental relations. 49 USC 
20101 note.>> 

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49; TABLE OF SECTIONS.

    (a) Short Title.--This Act may be cited as the ``Amtrak Reform and 
Accountability Act of 1997''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
    (c) Table of Sections.--The table of sections for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49; table of sections.
Sec. 2. Findings.

                            TITLE I--REFORMS

                     Subtitle A--Operational Reforms

Sec. 101. Basic system.
Sec. 102. Mail, express, and auto-ferry transportation.
Sec. 103. Route and service criteria.
Sec. 104. Additional qualifying routes.
Sec. 105. Transportation requested by States, authorities, and other 
           persons.
Sec. 106. Amtrak commuter.
Sec. 107. Through service in conjunction with intercity bus operations.
Sec. 108. Rail and motor carrier passenger service.
Sec. 109. Passenger choice.
Sec. 110. Application of certain laws.

                         Subtitle B--Procurement

Sec. 121. Contracting out.

                 Subtitle C--Employee Protection Reforms

Sec. 141. Railway Labor Act Procedures.
Sec. 142. Service discontinuance.

                 Subtitle D--Use of Railroad Facilities

Sec. 161. Liability limitation.
Sec. 162. Retention of facilities.

                     TITLE II--FISCAL ACCOUNTABILITY

Sec. 201. Amtrak financial goals.
Sec. 202. Independent assessment.
Sec. 203. Amtrak Reform Council.

[[Page 111 STAT. 2571]]

Sec. 204. Sunset trigger.
Sec. 205. Senate procedure for consideration of restructuring and 
           liquidation plans.
Sec. 206. Access to records and accounts.
Sec. 207. Officers' pay.
Sec. 208. Exemption from taxes.
Sec. 209. Limitation on use of tax refund.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations.

                         TITLE IV--MISCELLANEOUS

Sec. 401. Status and applicable laws.
Sec. 402. Waste disposal.
Sec. 403. Assistance for upgrading facilities.
Sec. 404. Demonstration of new technology.
Sec. 405. Program master plan for Boston-New York main line.
Sec. 406. Americans with Disabilities Act of 1990.
Sec. 407. Definitions.
Sec. 408. Northeast Corridor cost dispute.
Sec. 409. Inspector General Act of 1978 amendment.
Sec. 410. Interstate rail compacts.
Sec. 411. Board of Directors.
Sec. 412. Educational participation.
Sec. 413. Report to Congress on Amtrak bankruptcy.
Sec. 414. Amtrak to notify Congress of lobbying relationships.
Sec. 415. Financial powers.

SEC. 2. FINDINGS. <<NOTE: 49 USC 24101 note.>> 

    The Congress finds that--
            (1) intercity rail passenger service is an essential 
        component of a national intermodal passenger transportation 
        system;
            (2) Amtrak is facing a financial crisis, with growing and 
        substantial debt obligations severely limiting its ability to 
        cover operating costs and jeopardizing its long-term viability;
            (3) immediate action is required to improve Amtrak's 
        financial condition if Amtrak is to survive;
            (4) all of Amtrak's stakeholders, including labor, 
        management, and the Federal Government, must participate in 
        efforts to reduce Amtrak's costs and increase its revenues;
            (5) additional flexibility is needed to allow Amtrak to 
        operate in a businesslike manner in order to manage costs and 
        maximize revenues;
            (6) Amtrak should ensure that new management flexibility 
        produces cost savings without compromising safety;
            (7) Amtrak's management should be held accountable to ensure 
        that all 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 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 reduce Federal financial assistance;
            (9) Amtrak and intercity bus service providers should work 
        cooperatively and develop coordinated intermodal relationships 
        promoting seamless transportation services which enhance travel 
        options and increase operating efficiencies;
            (10) Amtrak's Strategic Business Plan calls for the 
        establishment of a dedicated source of capital funding for 
        Amtrak in order to ensure that Amtrak will be able to fulfill 
        the goals of maintaining--
                    (A) a national passenger rail system; and
                    (B) that system without Federal operating 
                assistance; and

[[Page 111 STAT. 2572]]

            (11) Federal financial assistance to cover operating losses 
        incurred by Amtrak should be eliminated by the year 2002.

                            TITLE I--REFORMS

                     Subtitle A--Operational Reforms

SEC. 101. BASIC SYSTEM.

    (a) Operation of Basic System.--(1) Section 24701 is amended to read 
as follows:

``Sec. 24701. National rail passenger transportation system

    ``Amtrak shall operate a national rail passenger transportation 
system which ties together existing and emergent regional rail passenger 
service and other intermodal passenger service.''.
    (2) The item relating to section 24701 in the table of sections of 
chapter 247 is amended to read as follows:

``24701. National rail passenger transportation system.''.

    (b) Improving Rail Passenger Transportation.--Section 24702 and the 
item relating thereto in the table of sections for chapter 247 are 
repealed.
    (c) Discontinuance.--Section 24706 is amended--
            (1) by striking ``90 days'' and inserting ``180 days'' in 
        subsection (a)(1);
            (2) by striking ``24707(a) or (b) of this title,'' in 
        subsection (a)(1) and inserting ``or discontinuing service over 
        a route,'';
            (3) by inserting ``or assume'' after ``agree to share'' in 
        subsection (a)(1);
            (4) by striking ``section 24707(a) or (b) of this title'' in 
        subsection (a)(2) and inserting ``paragraph (1)''; and
            (5) by striking ``section 24707(a) or (b) of this title'' in 
        subsection (b)(1) and inserting ``subsection (a)(1)''.

    (d) Cost and Performance Review.--Section 24707 and the item 
relating thereto in the table of sections for chapter 247 are repealed.
    (e) Special Commuter Transportation.--Section 24708 and the item 
relating thereto in the table of sections for chapter 247 are repealed.
    (f) Conforming Amendment.--Section 24312(a)(1) is amended by 
striking ``, 24701(a),''.

SEC. 102. MAIL, EXPRESS, AND AUTO-FERRY TRANSPORTATION.

    Section 24306 is amended--
            (1) by striking the last sentence of subsection (a); and
            (2) by striking subsection (b) and inserting the following:

    ``(b) Authority of Others To Provide Auto-Ferry Transportation.--
State and local laws and regulations that impair the provision of auto-
ferry transportation do not apply to Amtrak or a rail carrier providing 
auto-ferry transportation. A rail carrier may not refuse to participate 
with Amtrak in providing auto-ferry transportation because a State or 
local law or regulation makes the transportation unlawful.''.

SEC. 103. ROUTE AND SERVICE CRITERIA.

    Section 24703 and the item relating thereto in the table of sections 
for chapter 247 are repealed.

[[Page 111 STAT. 2573]]

SEC. 104. ADDITIONAL QUALIFYING ROUTES.

    Section 24705 and the item relating thereto in the table of sections 
for chapter 247 are repealed.
SEC. 105. TRANSPORTATION REQUESTED BY STATES, AUTHORITIES, AND 
                        OTHER PERSONS.

    (a) Repeal.--Section 24704 and the item relating thereto in the 
table of sections of chapter 247 are repealed.
    (b) State, Regional, and Local Cooperation.--Section 24101(c)(2) is 
amended by inserting ``, separately or in combination,'' after ``and the 
private sector''.
    (c) Conforming Amendment.--Section 24312(a)(1) is amended by 
striking ``or 24704(b)(2)''.

SEC. 106. AMTRAK COMMUTER.

    (a) <<NOTE: 49 USC 245013et seq.>>  Repeal of Chapter 245.--Chapter 
245 and the item relating thereto in the table of chapters for subtitle 
V of such title, are repealed.

    (b) Conforming Amendment.--Section 24301(f) is amended to read as 
follows:
    ``(f) Tax Exemption for Certain Commuter Authorities.--A commuter 
authority that was eligible to make a contract with Amtrak Commuter to 
provide commuter rail passenger transportation but which decided to 
provide its own rail passenger transportation beginning January 1, 1983, 
is exempt, effective October 1, 1981, from paying a tax or fee to the 
same extent Amtrak is exempt.''.
    (c) <<NOTE: 49 USC 24501 note.>>  Trackage Rights Not Affected.--The 
repeal of chapter 245 of title 49, United States Code, by subsection (a) 
of this section is without prejudice to the retention of trackage rights 
over property owned or leased by commuter authorities.
SEC. 107. THROUGH SERVICE IN CONJUNCTION WITH INTERCITY BUS 
                        OPERATIONS.

    (a) In General.--Section 24305(a) 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 
        13902(b)(8)(A) of this title, other than a recipient of funds 
        under section 5311 of this title;
            ``(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.''.
    (b) Policy Statement.--Section 24305(d) 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 sections 11322 and 14302 of 
this title for the purpose of providing improved service to the public 
and economy of operation.''.

[[Page 111 STAT. 2574]]

SEC. 108. RAIL AND MOTOR CARRIER PASSENGER SERVICE. <<NOTE: 49 USC 24305 
            note.>> 

    (a) In General.--Notwithstanding any other provision of law (other 
than section 24305(a)(3) 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 
review by the Surface Transportation Board and may be modified or 
revoked by the Board if modification or revocation is in the public 
interest.

SEC. 109. PASSENGER CHOICE. <<NOTE: 49 USC 24301 note.>> 

    Federal employees are authorized to travel on Amtrak for official 
business where total travel cost from office to office is competitive on 
a total trip or time basis.

SEC. 110. APPLICATION OF CERTAIN LAWS.

    (a) Application of FOIA.--Section 24301(e) is amended by adding at 
the end thereof the following: ``Section 552 of title 5, United States 
Code, applies to Amtrak for any fiscal year in which Amtrak receives a 
Federal subsidy.''.
    (b) <<NOTE: 49 USC 24301 note.>>  Application of Federal Property 
and Administrative Services Act.--Section 303B(m) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253b(m)) 
applies to a proposal in the possession or control of Amtrak.

                         Subtitle B--Procurement

SEC. 121. CONTRACTING OUT.

    (a) Repeal of Ban on Contracting Out.--Section 24312 is amended--
            (1) by striking subsection (b);
            (2) by striking ``(1)'' in subsection (a); and
            (3) by striking ``(2) Wage'' in subsection (a) and inserting 
        ``(b) Wage Rates.--Wage''.

    (b) <<NOTE: 49 USC 24312 note.>>  Amendment of Existing Collective 
Bargaining Agreement.--
          (1) Contracting out.--Any collective bargaining agreement 
        entered into between Amtrak and an organization representing 
        Amtrak employees before the date of enactment of this Act is 
        deemed amended to include the language of section 24312(b) of 
        title 49, United States Code, as that section existed on the day 
        before the effective date of the amendments made by subsection 
        (a).
            (2) Enforceability of amendment.--The amendment to any such 
        collective bargaining agreement deemed to be made by paragraph 
        (1) of this subsection is binding on all parties to the 
        agreement and has the same effect as if arrived at by agreement 
        of the parties under the Railway Labor Act.

    (c) <<NOTE: 49 USC 24312 note.>>  Contracting-out Issues To Be 
Included in Negotiations.--Proposals on the subject matter of 
contracting out work, other than work related to food and beverage 
service, which results in the layoff of an Amtrak employee--

[[Page 111 STAT. 2575]]

            (1) shall be included in negotiations under section 6 of the 
        Railway Labor Act (45 U.S.C. 156) between Amtrak and an 
        organization representing Amtrak employees, which shall be 
        commenced by--
                    (A) the date on which labor agreements under 
                negotiation on the date of enactment of this Act may be 
                re-opened; or
                    (B) November 1, 1999,
        whichever is earlier;
            (2) may, at the mutual election of Amtrak and an 
        organization representing Amtrak employees, be included in any 
        negotiation in progress under section 6 of the Railway Labor Act 
        (45 U.S.C. 156) on the date of enactment of this Act; and
            (3) may not be included in any negotiation in progress under 
        section 6 of the Railway Labor Act (45 U.S.C. 156) on the date 
        of enactment of this Act, unless both Amtrak and the 
        organization representing Amtrak employees agree to include it 
        in the negotiation.

No contract between Amtrak and an organization representing Amtrak 
employees, that is under negotiation on the date of enactment of this 
Act, may contain a moratorium that extends more than 5 years from the 
date of expiration of the last moratorium.
    (d) <<NOTE: 49 USC 24312 note.>>  No Inference.--The amendment made 
by subsection (a)(1) 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.

Subtitle C <<NOTE: 49 USC 24706 note.>> --Employee Protection Reforms

SEC. 141. RAILWAY LABOR ACT PROCEDURES.

    (a) Notices.--Notwithstanding any arrangement in effect before the 
date of the enactment of this Act, notices under section 6 of the 
Railway Labor Act (45 U.S.C. 156) with respect to all issues relating to 
employee protective arrangements and severance benefits which are 
applicable to employees of Amtrak, including all provisions of Appendix 
C-2 to the National Railroad Passenger Corporation Agreement, signed 
July 5, 1973, shall be deemed served and effective on the date which is 
45 days after the date of the enactment of this Act. Amtrak, and each 
affected labor organization representing Amtrak employees, shall 
promptly supply specific information and proposals with respect to each 
such notice.
    (b) National Mediation Board Efforts.--Except as provided in 
subsection (c), the National Mediation Board shall complete all efforts, 
with respect to the dispute described in subsection (a), under section 5 
of the Railway Labor Act (45 U.S.C. 155) not later than 120 days after 
the date of the enactment of this Act.
    (c) Railway Labor Act Arbitration.--The parties to the dispute 
described in subsection (a) may agree to submit the dispute to 
arbitration under section 7 of the Railway Labor Act (45 U.S.C. 157), 
and any award resulting therefrom shall be retroactive to the date which 
is 120 days after the date of the enactment of this Act.
    (d) Dispute Resolution.--(1) With respect to the dispute described 
in subsection (a) which--

[[Page 111 STAT. 2576]]

            (A) is unresolved as of the date which is 120 days after the 
        date of the enactment of this Act; and
            (B) is not submitted to arbitration as described in 
        subsection (c),

Amtrak shall, and the labor organization parties to such dispute shall, 
within 127 days after the date of the enactment of this Act, each select 
an individual from the entire roster of arbitrators maintained by the 
National Mediation Board. Within 134 days after the date of the 
enactment of this Act, the individuals selected under the preceding 
sentence shall jointly select an individual from such roster to make 
recommendations with respect to such dispute under this subsection. If 
the National Mediation Board is not informed of the selection under the 
preceding sentence 134 days after the date of enactment of this Act, the 
Board shall immediately select such individual.
    (2) No individual shall be selected under paragraph (1) who is 
pecuniarily or otherwise interested in any organization of employees or 
any railroad.
    (3) The compensation of individuals selected under paragraph (1) 
shall be fixed by the National Mediation 
Board. <<NOTE: Applicability.>>  The second paragraph of section 10 of 
the Railway Labor Act shall apply to the expenses of such individuals as 
if such individuals were members of a board created under such section 
10.

    (4) If the parties to a dispute described in subsection (a) fail to 
reach agreement within 150 days after the date of the enactment of this 
Act, the individual selected under paragraph (1) with respect to such 
dispute shall make recommendations to the parties proposing contract 
terms to resolve the dispute.
    (5) If the parties to a dispute described in subsection (a) fail to 
reach agreement, no change shall be made by either of the parties in the 
conditions out of which the dispute arose for 30 days after 
recommendations are made under paragraph (4).
    (6) Section 10 of the Railway Labor Act (45 U.S.C. 160) shall not 
apply to a dispute described in subsection (a).
    (e) No Precedent for Freight.--Nothing in this Act, or in any 
amendment made by this Act, shall affect the level of protection 
provided to freight railroad employees and mass transportation employees 
as it existed on the day before the date of enactment of this Act.

SEC. 142. SERVICE DISCONTINUANCE.

    (a) Repeal.--Section 24706(c) is repealed.
    (b) Existing Contracts.--Any provision of a contract entered into 
before the date of the enactment of this Act between Amtrak and a labor 
organization representing Amtrak employees relating to employee 
protective arrangements and severance benefits applicable to employees 
of Amtrak is extinguished, including all provisions of Appendix C-2 to 
the National Railroad Passenger Corporation Agreement, signed July 5, 
1973.
    (c) Special Effective Date.--Subsections (a) and (b) of this section 
shall take effect 180 days after the date of the enactment of this Act.
    (d) Nonapplication of Bankruptcy Law Provision.--Section 1172(c) of 
title 11, United States Code, shall not apply to Amtrak and its 
employees.

[[Page 111 STAT. 2577]]

                 Subtitle D--Use of Railroad Facilities

SEC. 161. LIABILITY LIMITATION.

    (a) In General.--Chapter 281 is amended by adding at the end the 
following new section:

``Sec. 28103. Limitations on rail passenger transportation liability

    ``(a) Limitations.--(1) Notwithstanding any other statutory or 
common law or public policy, or the nature of the conduct giving rise to 
damages or liability, in a claim for personal injury to a passenger, 
death of a passenger, or damage to property of a passenger arising from 
or in connection with the provision of rail passenger transportation, or 
from or in connection with any rail passenger transportation operations 
over or rail passenger transportation use of right-of-way or facilities 
owned, leased, or maintained by any high-speed railroad authority or 
operator, any commuter authority or operator, any rail carrier, or any 
State, punitive damages, to the extent permitted by applicable State 
law, may be awarded in connection with any such claim only if the 
plaintiff establishes by clear and convincing evidence that the harm 
that is the subject of the action was the result of conduct carried out 
by the defendant with a conscious, flagrant indifference to the rights 
or safety of others. If, in any case wherein death was caused, the law 
of the place where the act or omission complained of occurred provides, 
or has been construed to provide, for damages only punitive in nature, 
this paragraph shall not apply.
    ``(2) The aggregate allowable awards to all rail passengers, against 
all defendants, for all claims, including claims for punitive damages, 
arising from a single accident or incident, shall not exceed 
$200,000,000.
    ``(b) Contractual Obligations.--A provider of rail passenger 
transportation may enter into contracts that allocate financial 
responsibility for claims.
    ``(c) Mandatory Coverage.--Amtrak shall maintain a total minimum 
liability coverage for claims through insurance and self-insurance of at 
least $200,000,000 per accident or incident.
    ``(d) Effect on Other Laws.--This section shall not affect the 
damages that may be recovered under the Act of April 27, 1908 (45 U.S.C. 
51 et seq.; popularly known as the `Federal Employers' Liability Act') 
or under any workers compensation Act.
    ``(e) Definition.--For purposes of this section--
            ``(1) the term `claim' means a claim made--
                    ``(A) against Amtrak, any high-speed railroad 
                authority or operator, any commuter authority or 
                operator, any rail carrier, or any State; or
                    ``(B) against an officer, employee, affiliate 
                engaged in railroad operations, or agent, of Amtrak, any 
                high-speed railroad authority or operator, any commuter 
                authority or operator, any rail carrier, or any State;
            ``(2) the term `punitive damages' means damages awarded 
        against any person or entity to punish or deter such person or 
        entity, or others, from engaging in similar behavior in the 
        future; and

[[Page 111 STAT. 2578]]

            ``(3) the term `rail carrier' includes a person providing 
        excursion, scenic, or museum train service, and an owner or 
        operator of a privately owned rail passenger car.''.

    (b) Conforming Amendment.--The table of sections for chapter 281 is 
amended by adding at the end the following new item:

``28103. Limitations on rail passenger transportation liability.''.

SEC. 162. RETENTION OF FACILITIES.

    Section 24309(b) is amended by inserting ``or on January 1, 1997,'' 
after ``1979,''.

                     TITLE II--FISCAL ACCOUNTABILITY

SEC. 201. AMTRAK FINANCIAL GOALS.

    Section 24101(d) is amended by adding at the end thereof the 
following: ``Amtrak shall prepare a financial plan to operate within the 
funding levels authorized by section 24104 of this chapter, including 
budgetary goals for fiscal years 1998 through 2002. Commencing no later 
than the fiscal year following the fifth anniversary of the Amtrak 
Reform and Accountability Act of 1997, Amtrak shall operate without 
Federal operating grant funds appropriated for its benefit.''.

SEC. 202. INDEPENDENT ASSESSMENT. <<NOTE: 49 USC 24101 
            note. Contracts.>> 

    (a)Initiation.--Not later than 15 days after the date of enactment 
of this Act, the Secretary of Transportation shall contract with an 
entity independent of Amtrak and not in any contractual relationship 
with Amtrak, and independent of the Department of Transportation, to 
conduct a complete independent assessment of the financial requirements 
of Amtrak through fiscal year 2002. The entity shall have demonstrated 
knowledge about railroad industry accounting requirements, including the 
uniqueness of the industry and of Surface Transportation Board 
accounting requirements. The Department of Transportation, Office of 
Inspector General, shall approve the entity's statement of work and the 
award and shall oversee the contract. In carrying out its 
responsibilities under the preceding sentence, the Inspector General's 
Office shall perform such overview and validation or verification of 
data as may be necessary to assure that the assessment conducted under 
this subsection meets the requirements of this section.
    (b) Assessment Criteria.--The Secretary and Amtrak shall provide to 
the independent entity estimates of the financial requirements of Amtrak 
for the period described in subsection (a), using as a base the fiscal 
year 1997 appropriation levels established by the Congress. The 
independent assessment shall be based on an objective analysis of 
Amtrak's funding needs.
    (c) Certain Factors To Be Taken into Account.--The independent 
assessment shall take into account all relevant factors, including 
Amtrak's--
            (1) cost allocation process and procedures;
            (2) expenses related to intercity rail passenger service, 
        commuter service, and any other service Amtrak provides;
            (3) Strategic Business Plan, including Amtrak's projected 
        expenses, capital needs, ridership, and revenue forecasts; and
            (4) assets and liabilities.

For purposes of paragraph (3), in the capital needs part of its 
Strategic Business Plan Amtrak shall distinguish between that

[[Page 111 STAT. 2579]]

portion of the capital required for the Northeast Corridor and that 
required outside the Northeast Corridor, and shall include rolling stock 
requirements, including capital leases, ``state of good repair'' 
requirements, and infrastructure improvements.
    (d) Bidding Practices.--
            (1) Study.--The independent assessment also shall determine 
        whether, and to what extent, Amtrak has performed each year 
        during the period from 1992 through 1996 services under contract 
        at amounts 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 clause, the cost to Amtrak 
        of performing services shall be determined using generally 
        accepted accounting principles for contracting. If identified, 
        such contracts shall be detailed in the report of the 
        independent assessment, as well as the methodology for 
        preparation of bids to reflect Amtrak's actual cost of 
        performance.
            (2) Reform.--If the independent assessment performed under 
        this subparagraph reveals that Amtrak has performed services 
        under 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, then Amtrak shall revise its 
        methodology for preparation of bids to reflect its cost of 
        performance.

    (e) Deadline.--The independent assessment shall be completed not 
later than 180 days after the contract is awarded, and shall be 
submitted to the Council established under section 203, the Secretary of 
Transportation, the Committee on Commerce, Science, and Transportation 
of the United States Senate, and the Committee on Transportation and 
Infrastructure of the United States House of Representatives.

SEC. 203. AMTRAK REFORM COUNCIL. <<NOTE: 49 USC 24101 note.>> 

    (a) Establishment.--There is established an independent commission 
to be known as the Amtrak Reform Council.
    (b) Membership.--
            (1) In general.--The Council shall consist of 11 members, as 
        follows:
                    (A) The Secretary of Transportation.
                    (B) <<NOTE: President.>>  Two individuals appointed 
                by the President, of which--
                          (i) one shall be a representative of a rail 
                      labor organization; and
                          (ii) one shall be a representative of rail 
                      management.
                    (C) Three individuals appointed by the Majority 
                Leader of the United States Senate.
                    (D) One individual appointed by the Minority Leader 
                of the United States Senate.
                    (E) Three individuals appointed by the Speaker of 
                the United States House of Representatives.
                    (F) One individual appointed by the Minority Leader 
                of the United States House of Representatives.
            (2) Appointment criteria.--

[[Page 111 STAT. 2580]]

                    (A) Time for initial appointments.--Appointments 
                under paragraph (1) shall be made within 30 days after 
                the date of enactment of this Act.
                    (B) Expertise.--Individuals appointed under 
                subparagraphs (C) through (F) of paragraph (1)--
                          (i) may not be employees of the United States;
                          (ii) may not be board members or employees of 
                      Amtrak;
                          (iii) may not be representatives of rail labor 
                      organizations or rail management; and
                          (iv) shall have technical qualifications, 
                      professional standing, and demonstrated expertise 
                      in the field of corporate management, finance, 
                      rail or other transportation operations, labor, 
                      economics, or the law, or other areas of expertise 
                      relevant to the Council.
            (3) Term.--Members shall serve for terms of 5 years. If a 
        vacancy occurs other than by the expiration of a term, the 
        individual appointed to fill the vacancy shall be appointed in 
        the same manner as, and shall serve only for the unexpired 
        portion of the term for which, that individual's predecessor was 
        appointed.
            (4) Chairman.--The Council shall elect a chairman from among 
        its membership within 15 days after the earlier of--
                    (A) the date on which all members of the Council 
                have been appointed under paragraph (2)(A); or
                    (B) 45 days after the date of enactment of this Act.
            (5) Majority required for action.--A majority of the members 
        of the Council present and voting is required for the Council to 
        take action. No person shall be elected chairman of the Council 
        who receives fewer than 5 votes.

    (c) Administrative Support.--The Secretary of Transportation shall 
provide such administrative support to the Council as it needs in order 
to carry out its duties under this section.
    (d) Travel Expenses.--Each member of the Council shall serve without 
pay, but shall receive travel expenses, including per diem in lieu of 
subsistence, in accordance with section 5702 and 5703 of title 5, United 
States Code.
    (e) Meetings.--Each meeting of the Council, other than a meeting at 
which proprietary information is to be discussed, shall be open to the 
public.
    (f) <<NOTE: Regulations.>>  Access to Information.--Amtrak shall 
make available to the Council all information the Council requires to 
carry out its duties under this section. The Council shall establish 
appropriate procedures to ensure against the public disclosure of any 
information obtained under this subsection that is a trade secret or 
commercial or financial information that is privileged or confidential.

    (g) Duties.--
            (1) Evaluation and recommendation.--The Council shall--
                    (A) evaluate Amtrak's performance; and
                    (B) make recommendations to Amtrak for achieving 
                further cost containment and productivity improvements, 
                and financial reforms.
            (2) Specific considerations.--In making its evaluation and 
        recommendations under paragraph (1), the Council shall consider 
        all relevant performance factors, including--

[[Page 111 STAT. 2581]]

                    (A) Amtrak's operation as a national passenger rail 
                system which provides access to all regions of the 
                country and ties together existing and emerging rail 
                passenger corridors;
                    (B) appropriate methods for adoption of uniform cost 
                and accounting procedures throughout the Amtrak system, 
                based on generally accepted accounting principles; and
                    (C) management efficiencies and revenue 
                enhancements, including savings achieved through labor 
                and contracting negotiations.
            (3) Monitor work-rule savings.--If, after January 1, 1997, 
        Amtrak enters into an agreement involving work-rules intended to 
        achieve savings with an organization representing Amtrak 
        employees, then Amtrak shall report quarterly to the Council--
                    (A) the savings realized as a result of the 
                agreement; and
                    (B) how the savings are allocated.

    (h) Annual Report.--Each year before the fifth anniversary of the 
date of enactment of this Act, the Council shall submit to the Congress 
a report that includes an assessment of--
            (1) Amtrak's progress on the resolution of productivity 
        issues; or
            (2) the status of those productivity issues,

and makes recommendations for improvements and for any changes in law it 
believes to be necessary or appropriate.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Council such sums as may be necessary to enable the 
Council to carry out its duties.

SEC. 204. SUNSET TRIGGER. <<NOTE: 49 USC 24101 note.>> 

    (a) In General.--If at any time more than 2 years after the date of 
enactment of this Act and implementation of the financial plan referred 
to in section 24104(d) of title 49, United States Code, as amended by 
section 201 of this Act, the Amtrak Reform Council finds that--
            (1) Amtrak's business performance will prevent it from 
        meeting the financial goals set forth in section 24104(d) of 
        title 49, United States Code, as amended by section 201 of this 
        Act; or
            (2) Amtrak will require operating grant funds after the 
        fifth anniversary of the date of enactment of this Act,

then the Council shall immediately notify the President, the Committee 
on Commerce, Science, and Transportation of the United States Senate, 
and the Committee on Transportation and Infrastructure of the United 
States House of Representatives.
    (b) Factors Considered.--In making a finding under subsection (a), 
the Council shall take into account--
            (1) Amtrak's performance;
            (2) the findings of the independent assessment conducted 
        under section 202;
            (3) the level of Federal funds made available for carrying 
        out the financial plan referred to in section 24104(d) of title 
        49, United States Code, as amended by section 201 of this Act; 
        and
            (4) Acts of God, national emergencies, and other events 
        beyond the reasonable control of Amtrak.

[[Page 111 STAT. 2582]]

    (c) Action Plan.--Within 90 days after the Council makes a finding 
under subsection (a)--
            (1) it shall develop and submit to the Congress an action 
        plan for a restructured and rationalized national intercity rail 
        passenger system; and
            (2) Amtrak shall develop and submit to the Congress an 
        action plan for the complete liquidation of Amtrak, after having 
        the plan reviewed by the Inspector General of the Department of 
        Transportation and the General Accounting Office for accuracy 
        and reasonableness.
SEC. 205. <<NOTE: 49 USC 24101 note.>>  SENATE PROCEDURE FOR 
                        CONSIDERATION OF RESTRUCTURING AND 
                        LIQUIDATION PLANS.

    (a) In General.--If, within 90 days (not counting any day on which 
either House is not in session) after a restructuring plan is submitted 
to the House of Representatives and the Senate by the Amtrak Reform 
Council under section 204 of this Act, an implementing Act with respect 
to a restructuring plan (without regard to whether it is the plan 
submitted) has not been passed by the Congress, then a liquidation 
disapproval resolution shall be introduced in the Senate by the Majority 
Leader of the Senate, for himself and the Minority Leader of the Senate, 
or by Members of the Senate designated by the Majority Leader and 
Minority Leader of the Senate. The liquidation disapproval resolution 
shall be held at the desk at the request of the Presiding Officer.
    (b) Consideration in the Senate.--
            (1) Referral and reporting.--A liquidation disapproval 
        resolution introduced in the Senate shall be placed directly and 
        immediately on the Calendar.
            (2) Implementing resolution from house.--When the Senate 
        receives from the House of Representatives a liquidation 
        disapproval resolution, the resolution shall not be referred to 
        committee and shall be placed on the Calendar.
            (3) Consideration of single liquidation disapproval 
        resolution.--After the Senate has proceeded to the consideration 
        of a liquidation disapproval resolution under this subsection, 
        then no other liquidation disapproval resolution originating in 
        that same House shall be subject to the procedures set forth in 
        this section.
            (4) Amendments.--No amendment to the resolution is in order 
        except an amendment that is relevant to liquidation of Amtrak. 
        Consideration of the resolution for amendment shall not exceed 
        one hour excluding time for recorded votes and quorum calls. No 
        amendment shall be subject to further amendment, except for 
        perfecting amendments.
            (5) Motion nondebatable.--A motion to proceed to 
        consideration of a liquidation disapproval resolution under this 
        subsection shall not be debatable. It shall not be in order to 
        move to reconsider the vote by which the motion to proceed was 
        adopted or rejected, although subsequent motions to proceed may 
        be made under this paragraph.
            (6) Limit on consideration.--
                    (A) After no more than 20 hours of consideration of 
                a liquidation disapproval resolution, the Senate shall 
                proceed, without intervening action or debate (except as 
                permitted under paragraph (9)), to vote on the final 
                disposition thereof to the exclusion of all amendments 
                not then pending

[[Page 111 STAT. 2583]]

                and to the exclusion of all motions, except a motion to 
                reconsider or table.
                    (B) The time for debate on the liquidation 
                disapproval resolution shall be equally divided between 
                the Majority Leader and the Minority Leader or their 
                designees.
            (7) Debate of amendments.--Debate on any amendment to a 
        liquidation disapproval resolution shall be limited to one hour, 
        equally divided and controlled by the Senator proposing the 
        amendment and the majority manager, unless the majority manager 
        is in favor of the amendment, in which case the minority manager 
        shall be in control of the time in opposition.
            (8) No motion to recommit.--A motion to recommit a 
        liquidation disapproval resolution shall not be in order.
            (9) Disposition of senate resolution.--If the Senate has 
        read for the third time a liquidation disapproval resolution 
        that originated in the Senate, then it shall be in order at any 
        time thereafter to move to proceed to the consideration of a 
        liquidation disapproval resolution for the same special message 
        received from the House of Representatives and placed on the 
        Calendar pursuant to paragraph (2), strike all after the 
        enacting clause, substitute the text of the Senate liquidation 
        disapproval resolution, agree to the Senate amendment, and vote 
        on final disposition of the House liquidation disapproval 
        resolution, all without any intervening action or debate.
            (10) Consideration of house message.--Consideration in the 
        Senate of all motions, amendments, or appeals necessary to 
        dispose of a message from the House of Representatives on a 
        liquidation disapproval resolution shall be limited to not more 
        than 4 hours. Debate on each motion or amendment shall be 
        limited to 30 minutes. Debate on any appeal or point of order 
        that is submitted in connection with the disposition of the 
        House message shall be limited to 20 minutes. Any time for 
        debate shall be equally divided and controlled by the proponent 
        and the majority manager, unless the majority manager is a 
        proponent of the motion, amendment, appeal, or point of order, 
        in which case the minority manager shall be in control of the 
        time in opposition.

    (c) Consideration in Conference.--
            (1) Convening of conference.--In the case of disagreement 
        between the two Houses of Congress with respect to a liquidation 
        disapproval resolution passed by both Houses, conferees should 
        be promptly appointed and a conference promptly convened, if 
        necessary.
            (2) Senate consideration.--Consideration in the Senate of 
        the conference report and any amendments in disagreement on a 
        liquidation disapproval resolution shall be limited to not more 
        than 4 hours equally divided and controlled by the Majority 
        Leader and the Minority Leader or their designees. A motion to 
        recommit the conference report is not in order.

    (d) Definitions.--For purposes of this section--
            (1) Liquidation disapproval resolution.--The term 
        ``liquidation disapproval resolution'' means only a resolution 
        of either House of Congress which is introduced as provided in 
        subsection (a) with respect to the liquidation of Amtrak.
            (2) Restructuring plan.--The term ``restructuring plan'' 
        means a plan to provide for a restructured and rationalized 
        national intercity rail passenger transportation system.

[[Page 111 STAT. 2584]]

    (e) Rules of Senate.--This section is enacted by the Congress--
            (1) as an exercise of the rulemaking power of the Senate, 
        and as such they are deemed a part of the rules of the Senate, 
        but applicable only with respect to the procedure to be followed 
        in the Senate in the case of a liquidation disapproval 
        resolution; and they supersede other rules only to the extent 
        that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of the 
        Senate to change the rules (so far as relating to the procedure 
        of the Senate) at any time, in the same manner and to the same 
        extent as in the case of any other rule of the Senate.

SEC. 206. ACCESS TO RECORDS AND ACCOUNTS.

    Section 24315 is amended by adding at the end the following new 
subsection:
    ``(h) Access to Records and Accounts.--A State shall have access to 
Amtrak's records, accounts, and other necessary documents used to 
determine the amount of any payment to Amtrak required of the State.''.

SEC. 207. OFFICERS' PAY.

    Section 24303(b) is amended by adding at the end the following: 
``The preceding sentence shall not apply for any fiscal year for which 
no Federal assistance is provided to Amtrak.''.

SEC. 208. EXEMPTION FROM TAXES.

    Section 24301(l)(1) is amended--
            (1) by striking so much as precedes ``exempt from a tax'' 
        and inserting the following:
            ``(1) In general.--Amtrak, a rail carrier subsidiary of 
        Amtrak, and any passenger or other customer of Amtrak or such 
        subsidiary, are'';
            (2) by striking ``tax or fee imposed'' and all that follows 
        through ``levied on it'' and inserting ``tax, fee, head charge, 
        or other charge, imposed or levied by a State, political 
        subdivision, or local taxing authority on Amtrak, a rail carrier 
        subsidiary of Amtrak, or on persons traveling in intercity rail 
        passenger transportation or on mail or express transportation 
        provided by Amtrak or such a subsidiary, or on the carriage of 
        such persons, mail, or express, or on the sale of any such 
        transportation, or on the gross receipts derived therefrom''; 
        and
            (3) by amending the last sentence thereof to read as 
        follows: ``In the case of a tax or fee that Amtrak was required 
        to pay as of September 10, 1982, Amtrak is not exempt from such 
        tax or fee if it was assessed before April 1, 1997.''.

SEC. 209. LIMITATION ON USE OF TAX REFUND. <<NOTE: 49 USC 24104 note.>> 

    (a) In General.--Amtrak may not use any amount received under 
section 977 of the Taxpayer Relief Act of 1997--
            (1) for any purpose other than making payments to non-Amtrak 
        States (pursuant to section 977(c) of that Act), or the 
        financing of qualified expenses (as that term is defined in 
        section 977(e)(1) of that Act); or
            (2) to offset other amounts used for any purpose other than 
        the financing of such expenses.

[[Page 111 STAT. 2585]]

    (b) Report by ARC.--The Amtrak Reform Council shall report quarterly 
to the Congress on the use of amounts received by Amtrak under section 
977 of the Taxpayer Relief Act of 1997.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amendment.--Section 24104(a) is amended to read as follows:
    ``(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) <<NOTE: 26 USC 172 note.>>  Amtrak Reform Legislation.--This Act 
constitutes Amtrak reform legislation within the meaning of section 
977(f)(1) of the Taxpayer Relief Act of 1997.

                         TITLE IV--MISCELLANEOUS

SEC. 401. STATUS AND APPLICABLE LAWS.

    Section 24301 is amended--
            (1) by striking ``rail carrier under section 10102'' in 
        subsection (a)(1) and inserting ``railroad carrier under section 
        20102(2) and chapters 261 and 281''; and
            (2) by amending subsection (c) to read as follows:

    ``(c) Application of Subtitle IV.--Subtitle IV of this title shall 
not apply to Amtrak, except for sections 11301, 11322(a), 11502, and 
11706. Notwithstanding the preceding sentence, Amtrak shall continue to 
be considered an employer under the Railroad Retirement Act of 1974, the 
Railroad Unemployment Insurance Act, and the Railroad Retirement Tax 
Act.''.

SEC. 402. WASTE DISPOSAL.

    Section 24301(m)(1)(A) is amended by striking ``1996'' and inserting 
``2001''.

SEC. 403. ASSISTANCE FOR UPGRADING FACILITIES.

    Section 24310 and the item relating thereto in the table of sections 
for chapter 243 are repealed.

[[Page 111 STAT. 2586]]

SEC. 404. DEMONSTRATION OF NEW TECHNOLOGY.

    Section 24314 and the item relating thereto in the table of sections 
for chapter 243 are repealed.

SEC. 405. PROGRAM MASTER PLAN FOR BOSTON-NEW YORK MAIN LINE.

    (a) Repeal.--Section 24903 is repealed and the table of sections for 
chapter 249 is amended by striking the item relating to that section.
    (b) Conforming Amendments.--
            (1) Section 24902 is amended--
                    (A) by striking subsections (a), (c), and (d) and 
                redesignating subsection (b) as subsection (a) and 
                subsections (e) through (m) as subsections (b) through 
                (j), respectively; and
                    (B) in subsection (j), as so redesignated by 
                subparagraph (A) of this paragraph, by striking ``(m)''.
            (2) Section 24904(a) is amended--
                    (A) by inserting ``and'' at the end of paragraph 
                (6);
                    (B) by striking ``; and'' at the end of paragraph 
                (7) and inserting a period; and
                    (C) by striking paragraph (8).

SEC. 406. AMERICANS WITH DISABILITIES ACT OF 1990.

    (a) <<NOTE: 49 USC 24307 note.>>  Application to Amtrak.--
            (1) Access improvements at certain shared stations.--Amtrak 
        is responsible for its share, if any, of the costs of 
        accessibility improvements required by the Americans With 
        Disabilities Act of 1990 at any station jointly used by Amtrak 
        and a commuter authority.
            (2) Certain requirements not to apply until 1998.--Amtrak 
        shall not be subject to any requirement under subsection (a)(1), 
        (a)(3), or (e)(2) of section 242 of the Americans With 
        Disabilities Act of 1990 (42 U.S.C. 12162) until January 1, 
        1998.

    (b) Conforming Amendment.--Section 24307 is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).

SEC. 407. DEFINITIONS.

    Section 24102 is amended--
            (1) by striking paragraphs (2) and (11);
            (2) by redesignating paragraphs (3) through (10) as 
        paragraphs (2) through (9), respectively; and
            (3) by inserting ``, including a unit of State or local 
        government,'' after ``means a person'' in paragraph (7), as so 
        redesignated.

SEC. 408. NORTHEAST CORRIDOR COST DISPUTE.

    Section 1163 of the Northeast Rail Service Act of 1981 (45 U.S.C. 
1111) is repealed.

SEC. 409. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

    (a) Amendment.--
            (1) In general.--Section 8G(a)(2) of the Inspector General 
        Act of 1978 (5 U.S.C. App.) is amended by striking ``Amtrak,''.
            (2) <<NOTE: 5 USC app. 8G note.>>  Effective date.--The 
        amendment made by paragraph (1) shall take effect at the 
        beginning of the first fiscal year after a fiscal year for which 
        Amtrak receives no Federal subsidy.

[[Page 111 STAT. 2587]]

    (b) <<NOTE: 5 USC app. 8G note.>>  Amtrak Not Federal Entity.--
Amtrak shall not be considered a Federal entity for purposes of the 
Inspector General Act of 1978. <<NOTE: Applicability.>>  The preceding 
sentence shall apply for any fiscal year for which Amtrak receives no 
Federal subsidy.

    (c) <<NOTE: 5 USC app. 8G note.>>  Federal Subsidy.--
            (1) Assessment.--In any fiscal year for which Amtrak 
        requests Federal assistance, the Inspector General of the 
        Department of Transportation shall review Amtrak's operations 
        and conduct an assessment similar to the assessment required by 
        section 202(a). <<NOTE: Reports.>>  The Inspector General shall 
        report the results of the review and assessment to--
                    (A) the President of Amtrak;
                    (B) the Secretary of Transportation;
                    (C) the United States Senate Committee on 
                Appropriations;
                    (D) the United States Senate Committee on Commerce, 
                Science, and Transportation;
                    (E) the United States House of Representatives 
                Committee on Appropriations; and
                    (F) the United States House of Representatives 
                Committee on Transportation and Infrastructure.
            (2) Report.--The report shall be submitted, to the extent 
        practicable, before any such committee reports legislation 
        authorizing or appropriating funds for Amtrak for capital 
        acquisition, development, or operating expenses.
            (3) Special effective date.--This subsection takes effect 1 
        year after the date of enactment of this Act.

SEC. 410. INTERSTATE RAIL COMPACTS. <<NOTE: 49 USC 24101 note.>> 

    (a) Consent to Compacts.--Congress grants consent to States with an 
interest in a specific form, route, or corridor of intercity passenger 
rail service (including high speed rail service) to enter into 
interstate compacts to promote the provision of the service, including--
            (1) retaining an existing service or commencing a new 
        service;
            (2) assembling rights-of-way; and
            (3) performing capital improvements, including--
                    (A) the construction and rehabilitation of 
                maintenance facilities;
                    (B) the purchase of locomotives; and
                    (C) operational improvements, including 
                communications, signals, and other systems.

    (b) Financing.--An interstate compact established by States under 
subsection (a) may provide that, in order to carry out the compact, the 
States may--
            (1) accept contributions from a unit of State or local 
        government or a person;
            (2) use any Federal or State funds made available for 
        intercity passenger rail service (except funds made available 
        for Amtrak);
            (3) on such terms and conditions as the States consider 
        advisable--
                    (A) borrow money on a short-term basis and issue 
                notes for the borrowing; and
                    (B) issue bonds; and

[[Page 111 STAT. 2588]]

            (4) obtain financing by other means permitted under Federal 
        or State law.

SEC. 411. BOARD OF DIRECTORS.

    (a) Amendment.--Section 24302 is amended to read as follows:

``Sec. 24302. Board of Directors

    ``(a) Reform Board.--
            ``(1) Establishment and duties.--The Reform Board described 
        in paragraph (2) shall assume the responsibilities of the Board 
        of Directors of Amtrak by March 31, 1998, or as soon thereafter 
        as at least 4 members have been appointed and qualified. The 
        Board appointed under prior law shall be abolished when the 
        Reform Board assumes such responsibilities.
            ``(2) Membership.--(A)(i) The Reform Board shall consist of 
        7 voting members appointed by the President, by and with the 
        advice and consent of the Senate, for a term of 5 years.
            ``(ii) Notwithstanding clause (i), if the Secretary of 
        Transportation is appointed to the Reform Board, such 
        appointment shall not be subject to the advice and consent of 
        the Senate. If appointed, the Secretary may be represented at 
        Board meetings by his designee.
            ``(B) In selecting the individuals described in subparagraph 
        (A) for nominations for appointments to the Reform Board, the 
        President should consult with the Speaker of the House of 
        Representatives, the Minority Leader of the House of 
        Representatives, the Majority Leader of the Senate, and the 
        Minority Leader of the Senate.
            ``(C) Appointments under subparagraph (A) shall be made from 
        among individuals who--
                    ``(i) have technical qualifications, professional 
                standing, and demonstrated expertise in the fields of 
                transportation or corporate or financial management;
                    ``(ii) are not representatives of rail labor or rail 
                management; and
                    ``(iii) in the case of 6 of the 7 individuals 
                selected, are not employees of Amtrak or of the United 
                States.
            ``(D) The President of Amtrak shall serve as an ex officio, 
        nonvoting member of the Reform Board.
            ``(3) Confirmation procedure in senate.--
                    ``(A) This paragraph is enacted by the Congress--
                          ``(i) as an exercise of the rulemaking power 
                      of the Senate, and as such it is deemed a part of 
                      the rules of the Senate, but applicable only with 
                      respect to the procedure to be followed in the 
                      Senate in the case of a motion to discharge; and 
                      it supersedes other rules only to the extent that 
                      it is inconsistent therewith; and
                          ``(ii) with full recognition of the 
                      constitutional right of the Senate to change the 
                      rules (so far as relating to the procedure of the 
                      Senate) at any time, in the same manner and to the 
                      same extent as in the case of any other rule of 
                      the Senate.
                    ``(B) If, by the first day of June on which the 
                Senate is in session after a nomination is submitted to 
                the Senate under this section, the committee to which 
                the nomination

[[Page 111 STAT. 2589]]

                was referred has not reported the nomination, then it 
                shall be discharged from further consideration of the 
                nomination and the nomination shall be placed on the 
                Executive Calendar.
                    ``(C) It shall be in order at any time thereafter to 
                move to proceed to the consideration of the nomination 
                without any intervening action or debate.
                    ``(D) After no more than 10 hours of debate on the 
                nomination, which shall be evenly divided between, and 
                controlled by, the Majority Leader and the Minority 
                Leader, the Senate shall proceed without intervening 
                action to vote on the nomination.

    ``(b) Board of Directors.--Five years after the establishment of the 
Reform Board under subsection (a), a Board of Directors shall be 
selected--
            ``(1) if Amtrak has, during the then current fiscal year, 
        received Federal assistance, in accordance with the procedures 
        set forth in subsection (a)(2); or
            ``(2) if Amtrak has not, during the then current fiscal 
        year, received Federal assistance, pursuant to bylaws adopted by 
        the Reform Board (which shall provide for employee 
        representation), and the Reform Board shall be dissolved.

    ``(c) Authority to Recommend Plan.--The Reform Board shall have the 
authority to recommend to the Congress a plan to implement the 
recommendations of the 1997 Working Group on Inter-City Rail regarding 
the transfer of Amtrak's infrastructure assets and responsibilities to a 
new separately governed corporation.''.
    (b) <<NOTE: 49 USC 24104 note.>>  Effect on Authorizations.--If the 
Reform Board has not assumed the responsibilities of the Board of 
Directors of Amtrak before July 1, 1998, all provisions authorizing 
appropriations under the amendments made by section 301(a) of this Act 
for a fiscal year after fiscal year 1998 shall cease to be effective. 
The preceding sentence shall have no effect on funds provided to Amtrak 
pursuant to section 977 of the Taxpayer Relief Act of 1997.

SEC. 412. EDUCATIONAL PARTICIPATION. <<NOTE: 49 USC 24305 note.>> 

    Amtrak shall participate in educational efforts with elementary and 
secondary schools to inform students on the advantages of rail travel 
and the need for rail safety.

SEC. 413. REPORT TO CONGRESS ON AMTRAK BANKRUPTCY.

    Within 120 days after the date of enactment of this Act, the 
Comptroller General shall submit a report identifying financial and 
other issues associated with an Amtrak bankruptcy to the United States 
Senate Committee on Commerce, Science, and Transportation and to the 
United States House of Representatives Committee on Transportation and 
Infrastructure. The report shall include an analysis of the implications 
of such a bankruptcy on the Federal Government, Amtrak's creditors, and 
the Railroad Retirement System.

SEC. 414. <<NOTE: 49 USC 24315 note.>>  AMTRAK TO NOTIFY CONGRESS OF 
            LOBBYING RELATIONSHIPS.

    If, at any time, during a fiscal year in which Amtrak receives 
Federal assistance, Amtrak enters into a consulting contract or similar 
arrangement, or a contract for lobbying, with a lobbying firm, an 
individual who is a lobbyist, or who is affiliated with a lobbying firm, 
as those terms are defined in section 3 of the

[[Page 111 STAT. 2590]]

Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), Amtrak shall notify the 
United States Senate Committee on Commerce, Science, and Transportation, 
and the United States House of Representatives Committee on 
Transportation and Infrastructure of--
            (1) the name of the individual or firm involved;
            (2) the purpose of the contract or arrangement; and
            (3) the amount and nature of Amtrak's financial obligation 
        under the contract.

This section applies only to contracts, renewals or extensions of 
contracts, or arrangements entered into after the date of the enactment 
of this Act.

SEC. 415. FINANCIAL POWERS.

    (a) Capitalization.--(1) Section 24304 is amended to read as 
follows:

``Sec. 24304. Employee stock ownership plans

    ``In issuing stock pursuant to applicable corporate law, Amtrak is 
encouraged to include employee stock ownership plans.''.
    (2) The item relating to section 24304 in the table of sections of 
chapter 243 is amended to read as follows:

``24304. Employee stock ownership plans.''.

    (b) <<NOTE: 49 USC 24304 note.>>  Redemption of Common Stock.--
Amtrak shall, before October 1, 2002, redeem all common stock previously 
issued, for the fair market value of such stock.

    (c) <<NOTE: 49 USC 24304 note.>>  Elimination of Liquidation 
Preference and Voting Rights of Preferred Stock.--(1)(A) Preferred stock 
of Amtrak held by the Secretary of Transportation shall confer no 
liquidation preference.

    (B) <<NOTE: Effective date.>>  Subparagraph (A) shall take effect 90 
days after the date of the enactment of this Act.

    (2)(A) Preferred stock of Amtrak held by the Secretary of 
Transportation shall confer no voting rights.
    (B) <<NOTE: Effective date.>>  Subparagraph (A) shall take effect 60 
days after the date of the enactment of this Act.

    (d) Status and Applicable Laws.--(1) Section 24301(a)(3) is amended 
by inserting ``, and shall not be subject to title 31'' after ``United 
States Government''.
    (2) Section 9101(2) of title 31, United States Code, relating to 
Government corporations, is amended by striking subparagraph


[[Page 111 STAT. 2591]]

(A) and redesignating subparagraphs (B) through (L) as subparagraphs (A) 
through (K), respectively.

    Approved December 2, 1997.

LEGISLATIVE HISTORY--S. 738 (H.R. 2247):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-251 accompanying H.R. 2247 (Comm. on 
Transportation and Infrastructure).
SENATE REPORTS: No. 105-85 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Nov. 7, considered and passed Senate.
            Nov. 13, considered and passed House, amended. Senate 
                concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Dec. 2, Presidential statement.

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