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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1788 Engrossed in House (EH)]

  1st Session

                               H. R. 1788

_______________________________________________________________________

                                 AN ACT

 To reform the statutes relating to Amtrak, to authorize appropriations 
                  for Amtrak, and for other purposes.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
104th CONGRESS
  1st Session
                                H. R. 1788

_______________________________________________________________________

                                 AN ACT

 
 To reform the statutes relating to Amtrak, to authorize appropriations 
                  for Amtrak, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amtrak Reform and Privatization Act 
of 1995''.

                      TITLE I--PROCUREMENT REFORMS

SEC. 101. CONTRACTING OUT.

    (a) Amendment.--Section 24312(b) of title 49, United States Code, 
is amended to read as follows:
    ``(b) Contracting Out.--(1) When Amtrak contracts out work normally 
performed by an employee in a bargaining unit covered by a contract 
between a labor organization and Amtrak, Amtrak is encouraged to use 
other rail carriers for performing such work.
    ``(2)(A) Amtrak may not enter into a contract for the operation of 
trains with any entity other than a State or State authority.
    ``(B) If Amtrak enters into a contract as described in subparagraph 
(A)--
            ``(i) such contract shall not relieve Amtrak of any 
        obligation in connection with the use of facilities of another 
        entity for the operation covered by such contract; and
            ``(ii) such operation shall be subject to any operating or 
        safety restrictions and conditions required by the agreement 
        providing for the use of such facilities.
    ``(C) This paragraph shall not restrict Amtrak's authority to enter 
into contracts for access to or use of tracks or facilities for the 
operation of trains.''.
    (b) Effective Date.--Subsection (a) shall take effect 254 days 
after the date of the enactment of this Act.

SEC. 102. CONTRACTING PRACTICES.

    (a) Below-Cost Competition.--Section 24305(b) of title 49, United 
States Code, is amended to read as follows:
    ``(b) Below-Cost Competition.--(1) Amtrak shall not submit any bid 
for the performance of services under a 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, commuter rail passenger transportation, or mail or 
express transportation. For purposes of this subsection, the cost to 
Amtrak of performing services shall be determined using generally 
accepted accounting principles for contracting.
    ``(2) Any aggrieved individual may commence a civil action for 
violation of paragraph (1). The United States district courts shall 
have jurisdiction, without regard to the amount in controversy or the 
citizenship of the parties, to enforce paragraph (1). The court, in 
issuing any final order in any action brought pursuant to this 
paragraph, may award bid preparation costs, anticipated profits, and 
litigation costs, including reasonable attorney and expert witness 
fees, to any prevailing or substantially prevailing party. The court 
may, if a temporary restraining order or preliminary injunction is 
sought, require the filing of a bond or equivalent security in 
accordance with the Federal Rules of Civil Procedure.
    ``(3) This subsection shall cease to be effective on the expiration 
of a fiscal year during which no Federal operating assistance is 
provided to Amtrak.''.
    (b) Through Service in Conjunction With Intercity Bus Operations.--
(1) Section 24305(a) of title 49, United States Code, 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 
        10922(d)(1)(F)(i) of this title, other than a recipient of 
        funds under section 18 of the Federal Transit Act;
            ``(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.''.
    (2) Section 24305(d) of title 49, United States Code, 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 section 11342(a) of this 
title for the purpose of providing improved service to the public and 
economy of operation.''.

SEC. 103. FREEDOM OF INFORMATION ACT.

    Section 24301(e) of title 49, United States Code, is amended by 
striking ``Section 552 of title 5, this part,'' and inserting in lieu 
thereof ``This part''.

SEC. 104. TRACK WORK.

    (a) Outreach Program.--Amtrak shall, within one year after the date 
of the enactment of this Act, establish an outreach program through 
which it will work with track work manufacturers in the United States 
to increase the likelihood that such manufacturers will be able to meet 
Amtrak's specifications for track work. The program shall include 
engineering assistance for the manufacturers and dialogue between 
Amtrak and the manufacturers to identify how Amtrak's specifications 
can be met by the capabilities of the manufacturers.
    (b) Annual Report.--Amtrak shall report to the Congress within 2 
years after the date of the enactment of this Act on progress made 
under subsection (a), including a statement of the percentage of 
Amtrak's track work contracts that are awarded to manufacturers in the 
United States.

                     TITLE II--OPERATIONAL REFORMS

SEC. 201. BASIC SYSTEM.

    (a) Operation of Basic System.--Section 24701 of title 49, United 
States Code, and the item relating thereto in the table of sections of 
chapter 247 of such title, are repealed.
    (b) Improving Rail Passenger Transportation.--Section 24702 of 
title 49, United States Code, and the item relating thereto in the 
table of sections of chapter 247 of such title, are repealed.
    (c) Discontinuance.--Section 24706 of title 49, United States Code, 
is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``90 days'' and inserting in lieu 
                thereof ``180 days'';
                    (B) by striking ``a discontinuance under section 
                24704 or 24707(a) or (b) of this title'' and inserting 
                in lieu thereof ``discontinuing service over a route''; 
                and
                    (C) by inserting ``or assume'' after ``agree to 
                share'';
            (2) in subsection (a)(2), by striking ``section 24704 or 
        24707(a) or (b) of this title'' and inserting in lieu thereof 
        ``paragraph (1)''; and
            (3) by striking subsection (b).
    (d) Cost and Performance Review.--Section 24707 of title 49, United 
States Code, and the item relating thereto in the table of sections of 
chapter 247 of such title, are repealed.
    (e) Special Commuter Transportation.--Section 24708 of title 49, 
United States Code, and the item relating thereto in the table of 
sections of chapter 247 of such title, are repealed.
    (f) Conforming Amendment.--Section 24312(a)(1) of title 49, United 
States Code, is amended by striking ``, 24701(a),''.

SEC. 202. MAIL, EXPRESS, AND AUTO-FERRY TRANSPORTATION.

    (a) Repeal.--Section 24306 of title 49, United States Code, and the 
item relating thereto in the table of sections of chapter 243 of such 
title, are repealed.
    (b) Conforming Amendment.--Section 24301 of title 49, United States 
Code, is amended by adding at the end the following new subsection:
    ``(o) Nonapplication of Certain Other Laws.--State and local laws 
and regulations that impair the provision of mail, express, and auto-
ferry transportation do not apply to Amtrak or a rail carrier providing 
mail, express, or auto-ferry transportation.''.

SEC. 203. ROUTE AND SERVICE CRITERIA.

    Section 24703 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 247 of such title, 
are repealed.

SEC. 204. ADDITIONAL QUALIFYING ROUTES.

    Section 24705 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 247 of such title, 
are repealed.

SEC. 205. TRANSPORTATION REQUESTED BY STATES, AUTHORITIES, AND OTHER 
              PERSONS.

    (a) Repeal.--Section 24704 of title 49, United States Code, and the 
item relating thereto in the table of sections of chapter 247 of such 
title, are repealed.
    (b) Existing Agreements.--Amtrak shall not, after the date of the 
enactment of this Act, be required to provide transportation services 
pursuant to an agreement entered into before such date of enactment 
under the section repealed by subsection (a) of this section.
    (c) State, Regional, and Local Cooperation.--Section 24101(c)(2) of 
title 49, United States Code, is amended by inserting ``, separately or 
in combination,'' after ``and the private sector''.
    (d) Conforming Amendment.--Section 24312(a)(1) of title 49, United 
States Code, is amended by striking ``or 24704(b)(2)''.

SEC. 206. AMTRAK COMMUTER.

    (a) Repeal of Chapter 245.--Chapter 245 of title 49, United States 
Code, and the item relating thereto in the table of chapters of 
subtitle V of such title, are repealed.
    (b) Conforming Amendments.--(1) Section 24301(f) of title 49, 
United States Code, 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.''.
    (2) Subsection (a) of this section shall not affect any trackage 
rights held by Amtrak or the Consolidated Rail Corporation.

SEC. 207. COMMUTER COST SHARING ON THE NORTHEAST CORRIDOR.

    (a) Determination of Compensation.--Section 24904 of title 49, 
United States Code, is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsection (c) as subsection (b);
            (3) in subsection (b), as so redesignated by paragraph (2) 
        of this subsection--
                    (A) by striking ``Transportation Over Certain 
                Rights of Way and Facilities'' in the subsection head 
                and inserting in lieu thereof ``Freight 
                Transportation'';
                    (B) by inserting ``relating to rail freight 
                transportation'' after ``subsection (a)(6) of this 
                section'' in paragraph (1); and
                    (C) by inserting ``to an agreement described in 
                paragraph (1)'' after ``If the parties'' in paragraph 
                (2); and
            (4) by inserting after subsection (b), as so redesignated 
        by paragraph (2) of this subsection, the following new 
        subsection:
    ``(c) Binding Arbitration for Commuter Disputes.--(1) If the 
parties to an agreement described in subsection (a)(6) relating to 
commuter rail passenger transportation cannot agree to the terms of 
such agreement, such parties shall submit the issues in dispute to 
binding arbitration.
    ``(2) The parties to a dispute described in paragraph (1) may agree 
to use the Interstate Commerce Commission to arbitrate such dispute, 
and if requested the Interstate Commerce Commission shall perform such 
function.''.
    (b) Privatization.--Section 24101(d) of title 49, United States 
Code, is amended to read as follows:
    ``(d) Minimizing Government Subsidies.--To carry out this part, 
Amtrak is encouraged to make agreements with the private sector and 
undertake initiatives that are consistent with good business judgment, 
that produce income to minimize Government subsidies, and that promote 
the potential privatization of Amtrak's operations.''.

SEC. 208. ACCESS TO RECORDS AND ACCOUNTS.

    Section 24315 of title 49, United States Code, is amended--
            (1) in subsection (e), by inserting ``financial or'' after 
        ``Comptroller General may conduct''; and
            (2) 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.''.

                TITLE III--COLLECTIVE BARGAINING REFORMS

SEC. 301. RAILWAY LABOR ACT PROCEDURES.

    (a) Notices.--(1) 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--
            (A) employee protective arrangements and severance 
        benefits, including all provisions of Appendix C-2 to the 
        National Railroad Passenger Corporation Agreement, signed July 
        5, 1973; and
            (B) contracting out by Amtrak of work normally performed by 
        an employee in a bargaining unit covered by a contract between 
        Amtrak and a labor organization representing Amtrak employees,
applicable to employees of Amtrak shall be deemed served and effective 
on the date which is 90 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. This subsection shall not apply to 
issues relating to provisions defining the scope or classification of 
work performed by an Amtrak employee.
    (2) In the case of provisions of a collective bargaining agreement 
with respect to which a moratorium is in effect 90 days after the date 
of the enactment of this Act, paragraph (1) shall take effect on the 
expiration of such moratorium. For purposes of the application of 
paragraph (1) to such provisions, notices shall be deemed served and 
effective on the date of such expiration.
    (b) National Mediation Board Efforts.--Except as provided in 
subsection (c), the National Mediation Board shall complete all 
efforts, with respect to each dispute described in subsection (a), 
under section 5 of the Railway Labor Act (45 U.S.C. 155) not later than 
180 days after the date of the enactment of this Act.
    (c) Railway Labor Act Arbitration.--The parties to any 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 180 days after the date of the enactment of this Act.
    (d) Dispute Resolution.--(1) With respect to any dispute described 
in subsection (a) which--
            (A) is unresolved as of the date which is 180 days after 
        the date of the enactment of this Act; and
            (B) is not submitted to arbitration as described in 
        subsection (c),
Amtrak and the labor organization parties to such dispute shall, within 
187 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 194 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.
    (2) No individual shall be selected under paragraph (1) who is 
pecuniarily or otherwise interested in any organization of employees or 
any railroad. Nothing in this subsection shall preclude an individual 
from being selected for more than 1 dispute described in subsection 
(a).
    (3) The compensation of individuals selected under paragraph (1) 
shall be fixed by the National Mediation Board. 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 224 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).

SEC. 302. SERVICE DISCONTINUANCE.

    (a) Repeal.--(1) Section 24706(c) of title 49, United States Code, 
is repealed.
    (2)(A) 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--
            (i) employee protective arrangements and severance 
        benefits, including all provisions of Appendix C-2 to the 
        National Railroad Passenger Corporation Agreement, signed July 
        5, 1973; or
            (ii) contracting out by Amtrak of work normally performed 
        by an employee in a bargaining unit covered by a contract 
        between Amtrak and a labor organization representing Amtrak 
        employees,
applicable to employees of Amtrak is extinguished. This paragraph shall 
not apply to provisions defining the scope or classification of work 
performed by an Amtrak employee.
    (B) In the case of provisions of a collective bargaining agreement 
with respect to which a moratorium is in effect 90 days after the date 
of the enactment of this Act, subparagraph (A) shall take effect 164 
days after the date of the expiration of such moratorium.
    (3) Section 1172(c) of title 11, United States Code, shall not 
apply to Amtrak and its employees.
    (4) Paragraphs (1) and (2) of this subsection shall take effect 254 
days after the date of the enactment of this Act.
    (b) Intercity Passenger Service Employees.--Section 1165(a) of the 
Northeast Rail Service Act of 1981 (45 U.S.C. 1113(a)) is amended--
            (1) by inserting ``(1)'' before ``After January 1, 1983'';
            (2) by striking ``Amtrak, Amtrak Commuter, and Conrail'' 
        and inserting in lieu thereof ``Amtrak and Conrail'';
            (3) by striking ``Such agreement shall ensure'' and all 
        that follows through ``submitted to binding arbitration.''; and
            (4) by adding at the end the following new paragraph:
    ``(2) Notwithstanding any other provision of law, agreement, or 
arrangement, with respect to employees in any class or craft in train 
or engine service, Conrail shall have the right to furlough one such 
employee for each employee in train or engine service who moves from 
Amtrak to Conrail in excess of the cumulative number of such employees 
who move from Conrail to Amtrak. Conrail shall not be obligated to fill 
any position governed by an agreement concerning crew consist, 
attrition arrangements, reserve boards, or reserve engine service 
positions, where an increase in positions is the result of the return 
of an Amtrak employee pursuant to an agreement entered into under 
paragraph (1). Conrail's collective bargaining agreements with 
organizations representing its train and engine service employees shall 
be deemed to have been amended to conform to this paragraph. Any 
dispute or controversy with respect to the interpretation, application, 
or enforcement of this paragraph which has not been resolved within 90 
days after the date of the enactment of this paragraph may be submitted 
by either party to an adjustment board for a final and binding decision 
under section 3 of the Railway Labor Act.''.
    (c) Technical Amendment.--Section 11347 of title 49, United States 
Code, is amended by striking ``sections 24307(c), 24312, and'' and 
inserting in lieu thereof ``section''.

                  TITLE IV--USE OF RAILROAD FACILITIES

SEC. 401. LIABILITY LIMITATION.

    (a) Amendment.--Chapter 281 of title 49, United States Code, 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, death, or 
damage to property 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--
            ``(A) punitive damages shall not exceed the greater of--
                    ``(i) $250,000; or
                    ``(ii) three times the amount of economic loss; and
            ``(B) noneconomic damages awarded to any claimant for each 
        accident or incident shall not exceed the claimant's economic 
        loss, if any, by more than $250,000.
    ``(2) 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, the 
claimant may recover in a claim limited by this subsection for economic 
and noneconomic damages and punitive damages, subject to paragraph 
(1)(A) and (B).
    ``(3) For purposes of this subsection--
            ``(A) the term `actual damages' means damages awarded to 
        pay for economic loss;
            ``(B) the term `claim' means a claim made, directly or 
        indirectly--
                    ``(i) against Amtrak, any high-speed railroad 
                authority or operator, any commuter authority or 
                operator, any rail carrier, or any State; or
                    ``(ii) 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;
            ``(C) the term `economic loss' means any pecuniary loss 
        resulting from harm, including the loss of earnings, medical 
        expense loss, replacement services loss, loss due to death, 
        burial costs, loss of business or employment opportunities, and 
        any other form of pecuniary loss allowed under applicable State 
        law or under paragraph (2) of this subsection;
            ``(D) the term `noneconomic damages' means damages other 
        than punitive damages or actual damages; and
            ``(E) 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.
    ``(b) Indemnification Obligations.--Obligations of any party, 
however arising, including obligations arising under leases or 
contracts or pursuant to orders of an administrative agency, to 
indemnify against damages or liability for personal injury, death, or 
damage to property described in subsection (a), incurred after the date 
of the enactment of the Amtrak Reform and Privatization Act of 1995, 
shall be enforceable, notwithstanding any other statutory or common law 
or public policy, or the nature of the conduct giving rise to the 
damages or liability.
    ``(c) 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.
    ``(d) Definition.--For purposes of this section, 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 of chapter 281 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

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

                       TITLE V--FINANCIAL REFORMS

SEC. 501. FINANCIAL POWERS.

    (a) Capitalization.--(1) Section 24304 of title 49, United States 
Code, 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 of title 49, United States 
Code, in the table of sections of chapter 243 of such title is amended 
to read as follows:

``24304. Employee stock ownership plans.''.
    (b) Redemption of Common Stock.--(1) Amtrak shall, within 2 months 
after the date of the enactment of this Act, redeem all common stock 
previously issued, for the fair market value of such stock.
    (2) Section 28103 of title 49, United States Code, shall not apply 
to any rail carrier holding common stock of Amtrak after the expiration 
of 2 months after the date of the enactment of this Act.
    (3) Amtrak shall redeem any such common stock held after the 
expiration of the 2-month period described in paragraph (1), using 
procedures set forth in section 24311(a) and (b).
    (c) 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) 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) Subparagraph (A) shall take effect 60 days after the date of 
the enactment of this Act.
    (d) Note and Mortgage.--(1) Section 24907 of title 49, United 
States Code, and the item relating thereto in the table of sections of 
chapter 249 of such title, are repealed.
    (2) The United States hereby relinquishes all rights held in 
connection with any note obtained or mortgage made under such section 
24907, or in connection with the note, security agreement, and terms 
and conditions related thereto entered into with Amtrak dated October 
5, 1983.
    (3) No amount shall be includible in Amtrak's gross income for 
Federal tax purposes as a result of the application of this subsection 
or subsection (c).
    (e) Status and Applicable Laws.--(1) Section 24301(a)(3) of title 
49, United States Code, is amended by inserting ``, and shall not be 
subject to title 31, United States Code'' after ``United States 
Government''.
    (2) Section 9101(2) of title 31, United States Code, relating to 
Government corporations, is amended by striking subparagraph (A) and 
redesignating subparagraphs (B) through (M) as subparagraphs (A) 
through (L), respectively.

SEC. 502. DISBURSEMENT OF FEDERAL FUNDS.

    Section 24104(d) of title 49, United States Code, is amended to 
read as follows:
    ``(d) Administration of Appropriations.--Federal operating 
assistance funds appropriated to Amtrak shall be provided to Amtrak 
upon appropriation when requested by Amtrak.''.

SEC. 503. BOARD OF DIRECTORS.

    (a) Amendment.--Section 24302 of title 49, United States Code, is 
amended to read as follows:
``Sec. 24302. Board of Directors
    ``(a) Emergency Reform Board.--
            ``(1) Establishment and duties.--The Emergency Reform Board 
        described in paragraph (2) shall assume the responsibilities of 
        the Board of Directors of Amtrak 60 days after the date of the 
        enactment of the Amtrak Reform and Privatization Act of 1995, 
        or as soon thereafter as such Board is sufficiently constituted 
        to function as a board of directors under applicable corporate 
        law. Such Board shall adopt new bylaws, including procedures 
        for the selection of members of the Board of Directors under 
        subsection (c) which provide for employee representation.
            ``(2) Membership.--(A) The Emergency Reform Board shall 
        consist of 7 members appointed by the President, by and with 
        the advice and consent of the Senate.
            ``(B) In selecting individuals for nominations for 
        appointments to the Emergency Reform Board, the President 
        should consult with--
                    ``(i) the Speaker of the House of Representatives 
                concerning the appointment of two members;
                    ``(ii) the minority leader of the House of 
                Representatives concerning the appointment of one 
                member;
                    ``(iii) the majority leader of the Senate 
                concerning the appointment of two members; and
                    ``(iv) the minority leader of the Senate concerning 
                the appointment of one member.
            ``(C) Appointments under subparagraph (A) shall be made 
        from among individuals who--
                    ``(i) have technical qualification, professional 
                standing, and demonstrated expertise in the fields of 
                intercity common carrier transportation and corporate 
                management; and
                    ``(ii) are not employees of Amtrak, employees of 
                the United States, or representatives of rail labor or 
                rail management.
    ``(b) Director General.--If the Emergency Reform Board described in 
subsection (a)(2) is not sufficiently constituted to function as a 
board of directors under applicable corporate law before the expiration 
of 60 days after the date of the enactment of the Amtrak Reform and 
Privatization Act of 1995, the special court established under section 
209(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 
719(b)) shall appoint a Director General, who shall exercise all powers 
of the Board of Directors of Amtrak until the Emergency Reform Board 
assumes such powers.
    ``(c) Board of Directors.--Four years after the establishment of 
the Emergency Reform Board under subsection (a), a Board of Directors 
shall be selected pursuant to bylaws adopted by the Emergency Reform 
Board, and the Emergency Reform Board shall be dissolved.''.
    (b) Effect on Authorizations.--If the Emergency Reform Board has 
not assumed the responsibilities of the Board of Directors of Amtrak 
before March 15, 1996, all provisions authorizing appropriations under 
the amendments made by section 701 of this Act for a fiscal year after 
fiscal year 1996 shall cease to be effective.

SEC. 504. REPORTS AND AUDITS.

    Section 24315 of title 49, United States Code, as amended by 
section 208 of this Act, is further amended--
            (1) by striking subsections (a) and (c);
            (2) by redesignating subsections (b), (d), (e), (f), (g), 
        and (h) as subsections (a), (b), (c), (d), (e), and (f), 
        respectively; and
            (3) in subsection (d), as so redesignated by paragraph (2) 
        of this section, by striking ``(d) or (e)'' and inserting in 
        lieu thereof ``(b) or (c)''.

SEC. 505. OFFICERS' PAY.

    Section 24303(b) of title 49, United States Code, is amended by 
inserting ``The preceding sentence shall cease to be effective on the 
expiration of a fiscal year during which no Federal operating 
assistance is provided to Amtrak.'' after ``with comparable 
responsibility.''.

SEC. 506. EXEMPTION FROM TAXES.

    Section 24301(l)(1) of title 49, United States Code, is amended--
            (1) by inserting ``, and any passenger or other customer of 
        Amtrak or such subsidiary,'' after ``subsidiary of Amtrak'';
            (2) by striking ``or fee imposed'' and all that follows 
        through ``levied on it'' and inserting in lieu thereof ``, fee, 
        head charge, or other charge, imposed or levied by a State, 
        political subdivision, or local taxing authority, directly or 
        indirectly on Amtrak or on persons traveling in intercity rail 
        passenger transportation or on mail or express transportation 
        provided by Amtrak or a rail carrier subsidiary of Amtrak, 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, 1995.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. TEMPORARY RAIL ADVISORY COUNCIL.

    (a) Appointment.--Within 30 days after the date of the enactment of 
this Act, a Temporary Rail Advisory Council (in this section referred 
to as the ``Council'') shall be appointed under this section.
    (b) Duties.--The Council shall--
            (1) evaluate Amtrak's performance;
            (2) prepare an analysis and critique of Amtrak's business 
        plan;
            (3) suggest strategies for further cost containment and 
        productivity improvements, including strategies with the 
        potential for further reduction in Federal operating subsidies 
        and the eventual partial or complete privatization of Amtrak's 
        operations; and
            (4) recommend appropriate methods for adoption of uniform 
        cost and accounting procedures throughout the Amtrak system, 
        based on generally accepted accounting principles.
    (c) Membership.--(1) The Council shall consist of 7 members 
appointed as follows:
            (A) Two individuals to be appointed by the Speaker of the 
        House of Representatives.
            (B) One individual to be appointed by the minority leader 
        of the House of Representatives.
            (C) Two individuals to be appointed by the majority leader 
        of the Senate.
            (D) One individual to be appointed by the minority leader 
        of the Senate.
            (E) One individual to be appointed by the President.
    (2) Appointments under paragraph (1) shall be made from among 
individuals who--
            (A) have technical qualification, professional standing, 
        and demonstrated expertise in the fields of transportation and 
        corporate management; and
            (B) are not employees of Amtrak, employees of the United 
        States, or representatives of rail labor or rail management.
    (3) Within 40 days after the date of the enactment of this Act, a 
majority of the members of the Council shall elect a chairman from 
among such members.
    (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 sections 5702 and 5703 of title 
5, United States Code.
    (e) Administrative Support.--The Secretary of Transportation shall 
provide to the Council such administrative support as the Council 
requires to carry out this section.
    (f) Access to Information.--Amtrak shall make available to the 
Council all information the Council requires to carry out this section. 
The Council shall establish appropriate procedures to ensure against 
the public disclosure of any information obtained under this subsection 
which is a trade secret or commercial or financial information that is 
privileged or confidential.
    (g) Reports.--(1) Within 120 days after the date of the enactment 
of this Act, the Council shall transmit to the Amtrak board of 
directors and the Congress an interim report on its findings and 
recommendations.
    (2) Within 270 days after the date of the enactment of this Act, 
the Council shall transmit to the Amtrak board of directors and the 
Congress a final report on its findings and recommendations.
    (h) Status.--The Council shall not be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.) or section 552 of title 5, 
United States Code (commonly referred to as the Freedom of Information 
Act).

SEC. 602. PRINCIPAL OFFICE AND PLACE OF BUSINESS.

    Section 24301(b) of title 49, United States Code, is amended--
            (1) by striking the first sentence;
            (2) by striking ``of the District of Columbia'' and 
        inserting in lieu thereof ``of the State in which its principal 
        office and place of business is located''; and
            (3) by inserting ``For purposes of this subsection, the 
        term `State' includes the District of Columbia. Notwithstanding 
        section 3 of the District of Columbia Business Corporation Act, 
        Amtrak, if its principal office and place of business is 
        located in the District of Columbia, shall be considered 
        organized under the provisions of such Act.'' after ``in a 
        civil action.''.

SEC. 603. STATUS AND APPLICABLE LAWS.

    Section 24301 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``rail carrier under 
        section 10102'' and inserting in lieu thereof ``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 11303, 11342(a), 11504(a) and 
(d), and 11707. 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. 604. WASTE DISPOSAL.

    Section 24301(m)(1)(A) of title 49, United States Code, is amended 
by striking ``1996'' and inserting in lieu thereof ``2001''.

SEC. 605. ASSISTANCE FOR UPGRADING FACILITIES.

    Section 24310 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 243 of such title, 
are repealed.

SEC. 606. RAIL SAFETY SYSTEM PROGRAM.

    Section 24313 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 243 of such title, 
are repealed.

SEC. 607. DEMONSTRATION OF NEW TECHNOLOGY.

    Section 24314 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 243 of such title, 
are repealed.

SEC. 608. PROGRAM MASTER PLAN FOR BOSTON-NEW YORK MAIN LINE.

    (a) Repeal.--Section 24903 of title 49, United States Code, and the 
item relating thereto in the table of sections of chapter 249 of such 
title, are repealed.
    (b) Conforming Amendment.--Section 24902(a)(1)(A) of title 49, 
United States Code, is amended by striking ``and 40 minutes''.

SEC. 609. BOSTON-NEW HAVEN ELECTRIFICATION PROJECT.

    Section 24902(f) of title 49, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Improvements under''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Amtrak shall design and construct the electrification system 
between Boston, Massachusetts, and New Haven, Connecticut, to 
accommodate the installation of a third mainline track between 
Davisville and Central Falls, Rhode Island, to be used for double-stack 
freight service to and from the Port of Davisville. Amtrak shall also 
make clearance improvements on the existing main line tracks to permit 
double stack service on this line, if funds to defray the costs of 
clearance improvements beyond Amtrak's own requirements for electrified 
passenger service are provided by public or private entities other than 
Amtrak. Wherever practicable, Amtrak shall use portal structures and 
realign existing tracks on undergrade and overgrade bridges to minimize 
the width of the right-of-way required to add the third track. Amtrak 
shall take such other steps as may be required to coordinate and 
facilitate design and construction work. The Secretary of 
Transportation may provide appropriate support to Amtrak for carrying 
out this paragraph.''.

SEC. 610. AMERICANS WITH DISABILITIES ACT OF 1990.

    (a) Application to Amtrak.--Amtrak, and with respect only to the 
facilities it jointly uses with Amtrak, a commuter authority, shall not 
be subject to any requirement under section 242(a) (1) and (3) and 
(e)(2) of the Americans With Disabilities Act of 1990 (42 U.S.C. 
12162(a) (1) and (3) and (e)(2)) until January 1, 1998. For stations 
jointly used by Amtrak and a commuter authority, this subsection shall 
not affect the allocation of costs between Amtrak and the commuter 
authority relating to accessibility improvements.
    (b) Conforming Amendment.--Section 24307 of title 49, United States 
Code, is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).

SEC. 611. DEFINITIONS.

    Section 24102 of title 49, United States Code, is amended--
            (1) by striking paragraphs (2), (3), and (11);
            (2) by redesignating paragraphs (4) through (8) as 
        paragraphs (2) through (6), respectively;
            (3) by inserting after paragraph (6), as so redesignated by 
        paragraph (2) of this section, the following new paragraph:
            ``(7) `rail passenger transportation' means the interstate, 
        intrastate, or international transportation of passengers by 
        rail;'';
            (4) in paragraph (6), as so redesignated by paragraph (2) 
        of this section, by inserting ``, including a unit of State or 
        local government,'' after ``means a person''; and
            (5) by redesignating paragraphs (9) and (10) as paragraphs 
        (8) and (9), respectively.

SEC. 612. NORTHEAST CORRIDOR COST DISPUTE.

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

SEC. 613. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

    (a) Amendment.--Section 8G(a)(2) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by striking ``Amtrak,''.
    (b) Amtrak Not Federal Entity.--Amtrak shall not be considered a 
Federal entity for purposes of the Inspector General Act of 1978.

SEC. 614. CONSOLIDATED RAIL CORPORATION.

    Section 4023 of the Conrail Privatization Act (45 U.S.C. 1323), and 
the item relating thereto in the table of contents of such Act, are 
repealed.

SEC. 615. INTERSTATE RAIL COMPACTS.

    (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 and intermodal passenger 
                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 the National Railroad Passenger Corporation);
            (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
            (4) obtain financing by other means permitted under Federal 
        or State law.

SEC. 616. CONFORMING AMENDMENT.

    Section 10362(b) of title 49, United States Code, is amended by 
striking paragraph (5) and redesignating paragraphs (6) through (8) as 
paragraphs (5) through (7), respectively.

SEC. 617. MAGNETIC LEVITATION TRACK MATERIALS.

        The Secretary of Transportation shall transfer to the State of 
Florida, pursuant to a grant or cooperative agreement, title to 
aluminum reaction rail, power rail base, and other related materials 
(originally used in connection with the Prototype Air Cushion Vehicle 
Program between 1973 and 1976) located at the Transportation Technology 
Center near Pueblo, Colorado, for use by the State of Florida to 
construct a magnetic levitation track in connection with a project or 
projects being undertaken by American Maglev Technology, Inc., to 
demonstrate magnetic levitation technology in the United States. If the 
materials are not used for such construction within 3 years after the 
date of the enactment of this Act, title to such materials shall revert 
to the United States.

SEC. 618. RAILROAD LOAN GUARANTEES.

    (a) Declaration of Policy.--Section 101(a) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801(a)(4)) 
is amended to read as follows:
            ``(4) continuation of service on, or preservation of, light 
        density lines that are necessary to continued employment and 
        community well-being throughout the United States;''.
    (b) Maximum Rate of Interest.--Section 511(f) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831(f)) is 
amended by striking ``shall not exceed an annual percentage rate which 
the Secretary determines to be reasonable, taking into consideration 
the prevailing interest rates for similar obligations in the private 
market.'' and inserting in lieu thereof ``shall not exceed the annual 
percentage rate charged equivalent to the cost of money to the United 
States.''.
    (c) Minimum Repayment Period and Prepayment Penalties.--Section 
511(g)(2) of the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 831(g)(2)) is amended to read as follows:
            ``(2) payment of the obligation is required by its terms to 
        be made not less than 15 years not more than 25 years from the 
        date of its execution, with no penalty imposed for prepayment 
        after 5 years;''.
    (d) Determination of Repayability.--Section 511(g)(5) of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
831(g)(5)) is amended to read as follows:
            ``(5) either the loan can reasonably be repaid by the 
        applicant or the loan is collaterallized at no more than the 
        current value of assets being financed under this section to 
        provide protection to the United States;''.

               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 24104(a) of title 49, United States Code, 
is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation--
            ``(1) $772,000,000 for fiscal year 1995;
            ``(2) $712,000,000 for fiscal year 1996;
            ``(3) $712,000,000 for fiscal year 1997;
            ``(4) $712,000,000 for fiscal year 1998; and
            ``(5) $403,000,000 for fiscal year 1999,
for the benefit of Amtrak for capital expenditures under chapters 243 
and 247 of this title, operating expenses, and payments described in 
subsection (c)(1)(A) through (C).''.
    (b) Additional Authorizations.--Section 24104(b) of title 49, 
United States Code, is amended to read as follows:
    ``(b) Additional Authorizations.--(1) In addition to amounts 
appropriated under subsection (a), there are authorized to be 
appropriated to the Secretary of Transportation--
            ``(A) $200,000,000 for fiscal year 1995;
            ``(B) $200,000,000 for fiscal year 1996;
            ``(C) $200,000,000 for fiscal year 1997;
            ``(D) $200,000,000 for fiscal year 1998; and
            ``(E) $200,000,000 for fiscal year 1999,
for the benefit of Amtrak to make capital expenditures under chapter 
249 of this title.
    ``(2) In addition to amounts appropriated under subsection (a), 
there are authorized to be appropriated to the Secretary of 
Transportation--
            ``(A) $21,500,000 for fiscal year 1995;
            ``(B) $10,000,000 for fiscal year 1996;
            ``(C) $10,000,000 for fiscal year 1997;
            ``(D) $10,000,000 for fiscal year 1998; and
            ``(E) $2,300,000 for fiscal year 1999,
for the benefit of Amtrak to be used for engineering, design, and 
construction activities to enable the James A. Farley Post Office in 
New York, New York, to be used as a train station and commercial center 
and for necessary improvements and redevelopment of the existing 
Pennsylvania Station and associated service building in New York, New 
York.''.
    (c) Conforming Amendments.--Section 24909 of title 49, United 
States Code, and the item relating thereto in the table of sections of 
chapter 249 of such title, are repealed.
    (d) Guarantee of Obligations.--There are authorized to be 
appropriated to the Secretary of Transportation--
            (1) $50,000,000 for fiscal year 1996;
            (2) $50,000,000 for fiscal year 1997;
            (3) $50,000,000 for fiscal year 1998; and
            (4) $50,000,000 for fiscal year 1999,
for guaranteeing obligations of Amtrak under section 511 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
831).
    (e) Conditions for Guarantee of Obligations.--Section 511(i) of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
831(i)) is amended by adding at the end the following new paragraph:
    ``(4) The Secretary shall not require, as a condition for guarantee 
of an obligation under this section, that all preexisting secured 
obligations of an obligor be subordinated to the rights of the 
Secretary in the event of a default.''.

            Passed the House of Representatives November 30, 1995.

            Attest:

                                                                 Clerk.
```