PUBLIC LAW 105–134—DEC. 2, 1997

AMTRAK REFORM AND ACCOUNTABILITY

ACT OF 1997
111 STAT. 2570 PUBLIC LAW 105–134—DEC. 2, 1997

Public Law 105–134

105th Congress

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; 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.

Amtrak Reform

and

Accountability

Act of 1997.

Intergovernmental

relations.

49 USC 20101

note.

Dec. 2, 1997

[S. 738]
PUBLIC LAW 105–134—DEC. 2, 1997 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.

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

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111 STAT. 2572 PUBLIC LAW 105–134—DEC. 2, 1997

(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:

‘‘§ 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.
PUBLIC LAW 105–134—DEC. 2, 1997 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) 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) 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.’’.

49 USC 24501

note.

49 USC 24501

et seq.
111 STAT. 2574 PUBLIC LAW 105–134—DEC. 2, 1997

SEC. 108. RAIL AND MOTOR CARRIER PASSENGER SERVICE.

(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.

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) 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) 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) 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—

49 USC 24312

note.

49 USC 24312

note.

49 USC 24301

note.

49 USC 24301

note.

49 USC 24305

note.
PUBLIC LAW 105–134—DEC. 2, 1997 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 reopened; 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) 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—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—

49 USC 24706

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49 USC 24312

note.
111 STAT. 2576 PUBLIC LAW 105–134—DEC. 2, 1997

(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. 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.

Applicability.
PUBLIC LAW 105–134—DEC. 2, 1997 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:

‘‘§ 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 selfinsurance 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
111 STAT. 2578 PUBLIC LAW 105–134—DEC. 2, 1997

‘‘(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.

(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

49 USC 24101

note.

Contracts.
PUBLIC LAW 105–134—DEC. 2, 1997 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.

(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) 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.—

President.

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note.
111 STAT. 2580 PUBLIC LAW 105–134—DEC. 2, 1997

(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) 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—

Regulations.
PUBLIC LAW 105–134—DEC. 2, 1997 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.

(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.

49 USC 24101

note.
111 STAT. 2582 PUBLIC LAW 105–134—DEC. 2, 1997

(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. 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

49 USC 24101

note.
PUBLIC LAW 105–134—DEC. 2, 1997 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.
111 STAT. 2584 PUBLIC LAW 105–134—DEC. 2, 1997

(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.

(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 nonAmtrak 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.

49 USC 24104

note.
PUBLIC LAW 105–134—DEC. 2, 1997 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) 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.

26 USC 172 note.
111 STAT. 2586 PUBLIC LAW 105–134—DEC. 2, 1997

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) 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) 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.

5 USC app. 8G

note.

49 USC 24307

note.
PUBLIC LAW 105–134—DEC. 2, 1997 111 STAT. 2587

(b) AMTRAK NOT FEDERAL ENTITY.—Amtrak shall not be considered a Federal entity for purposes of the Inspector General Act

of 1978. The preceding sentence shall apply for any fiscal year

for which Amtrak receives no Federal subsidy.

(c) 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). 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.

(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

49 USC 24101

note.

Reports.

5 USC app. 8G

note.

Applicability.

5 USC app. 8G

note.
111 STAT. 2588 PUBLIC LAW 105–134—DEC. 2, 1997

(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:

‘‘§ 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
PUBLIC LAW 105–134—DEC. 2, 1997 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 InterCity Rail regarding the transfer of Amtrak’s infrastructure assets

and responsibilities to a new separately governed corporation.’’.

(b) 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.

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. 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

49 USC 24315

note.

49 USC 24305

note.

49 USC 24104

note.
111 STAT. 2590 PUBLIC LAW 105–134—DEC. 2, 1997

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:

‘‘§ 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) 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) 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) 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

Effective date.

Effective date.

49 USC 24304

note.

49 USC 24304

note.
PUBLIC LAW 105–134—DEC. 2, 1997 111 STAT. 2591

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.

Æ

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

Approved December 2, 1997.