ARC Testimony before Congress

Congressional Reporting Requirements

The Amtrak Reform and
Accountability Act of 1997

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[[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.

<all>

Last updated September 13, 2001