datamatters24/research-document-archive huggingface dataset:
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247 of such title, are repealed.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247 of such title, are repealed.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, AU-
THORITIES, 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sections of chapter 247 of such title, are repealed.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 agree-
ment 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the section repealed by subsection (a) of this section.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 re-
pealed.
(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 AU-
THORITIES.—A commuter authority that was eligible to
make a contract with Amtrak Commuter to provide com-
muter 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.—(1) Sec-
tion 24904(c)(2) of title 49, United States Code, is
amended—
(A) by striking ‘‘between intercity rail pas-
senger and rail freight transportation’’ and inserting
in lieu thereof ‘‘among intercity rail passenger, com-
muter rail passenger, and rail freight transpor-
tation’’;
(B) by inserting ‘‘commuter rail carrier or’’
after ‘‘Commission shall assign to a’’; and
(C) by adding at the end the following new sen-
tence: ‘‘In the case of commuter rail passenger
transportation, the costs to be reimbursed shall not
include any Amtrak general or administrative costs,
corporate overhead costs, or return on investment
costs for assets paid for with Federal or State
funds.’’.
(2) The amendments made by paragraph (1) of this
subsection shall take effect 2 years after the date of the
enactment of this Act.
(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 agree-
ments 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 oper-
ations.’’.
SEC. 208. ACCESS TO RECORDS AND ACCOUNTS.
Section 24315 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(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—EMPLOYEE
PROTECTION REFORMS
SEC. 301. SERVICE DISCONTINUANCE.
(a) REPEAL.—Section 24706 of title 49, United
States Code, is amended by striking subsection (c).
(b) INCORPORATION INTO COLLECTIVE BARGAINING
CONTRACTS.—The requirements of section 24706(c) of
title 49, United States Code, and all arrangements, agree-
ments, and conditions thereunder, as in effect before the
date of enactment of this Act, shall become a part of the
collective bargaining contracts between Amtrak and all
labor organizations which have such contracts with Am-
trak. Such requirements shall be subject to collective bar-
gaining under the Railway Labor Act.
(c) RAILWAY LABOR ACT PROCEDURES.—(1) Not-
withstanding 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 rates of pay, rules, and working conditions governed
by section 24706(c) of title 49, United States Code, shall
be deemed served and effective on the date of the enact-
ment of this Act. Each affected labor organization rep-
resenting Amtrak employees, and Amtrak, shall promptly
supply specific information and proposals with respect to
each such notice.
(2) Except as provided in paragraph (3), the National
Mediation Board shall complete all efforts, with respect
to each dispute described in paragraph (1), under section
5 of the Railway Labor Act (45 U.S.C. 155) not later than
270 days after the date of the enactment of this Act.
(3) The parties to any dispute described in paragraph
(1) 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 270 days after the date of the enactment
of this Act.
(4) With respect to any dispute described in para-
graph (1) which—
(A) is unresolved as of the date which is 270
days after the date of the enactment of this Act; and
(B) is not submitted to arbitration as described
in paragraph (3),
the President shall appoint an Emergency Board under
section 10 of the Railway Labor Act (45 U.S.C. 160). No
extensions of the schedule provided for in such section 10
shall be permitted. In any work stoppage or other self-
help occurring after the completion of the procedures re-
quired by such section 10, the penalties described in sec-
tion 9A(i) and (j) of the Railway Labor Act (45 U.S.C.
159a(i) and (j)) shall apply to both Amtrak and its em-
ployees.
(d) NO EFFECT ON CERTAIN AGREEMENTS.—The
amendment made by subsection (a) shall not affect the
validity of any agreement entered into before the date of
the enactment of this Act under section 11347 or 5333
of title 49, United States Code.
(e) INTERCITY PASSENGER SERVICE EMPLOYEES.—
(1) Section 1165 of the Northeast Rail Service Act of
1981 (45 U.S.C. 1113) is amended by striking ‘‘(a) After
January 1, 1983’’ and all that follows through ‘‘(b) Con-
rail employees’’ and inserting in lieu thereof ‘‘Conrail em-
ployees’’.
(2) Any contract or agreement entered into before the
date of the enactment of this Act, pursuant to such section
1165(a), shall be unenforceable and void to the extent it
relates to the requirements of such subsection.
(f) TECHNICAL AMENDMENT.—Section 11347 of title
49, United States Code, is amended by striking ‘‘sections
24307(c), 24312, and’’ and inserting in lieu thereof ‘‘sec-
tion’’.
TITLE IV—USE OF RAILROAD
FACILITIES
SEC. 401. COMPENSATION.
(a) 
COMPENSATION
DETERMINATION.—Section
24308 of title 49, United States Code, is amended in sub-
section (a)(2)(B) by inserting ‘‘If the facilities for which
compensation is sought are owned or provided by a com-
muter authority or a regional transportation authority, no
cross-subsidization shall be permitted by the Commission
among intercity rail passenger, commuter rail passenger,
and rail freight transportation.’’ after ‘‘and providing the
services.’’.
(b) 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. 402. LIABILITY LIMITATION.
(a) AMENDMENT.—Chapter 281 of title 49, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 28103. Limitations on rail passenger transpor-
tation 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 operations over or use of right-of-way or facilities
owned, leased, or maintained by Amtrak, or from or in
connection with any rail passenger transportation oper-
ations 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, or any rail carrier, punitive dam-
ages shall not exceed the greater of—
‘‘(A) $250,000; or
‘‘(B) three times the amount of economic dam-
ages.
‘‘(2) For purposes of this subsection, the term ‘claim’
means a claim made, directly or indirectly—
‘‘(A) against Amtrak, any high-speed railroad
authority or operator, any commuter authority or
operator, or any rail carrier; or
‘‘(B) against an affiliate engaged in railroad op-
erations, officer, employee, or agent of, Amtrak, any
high-speed railroad authority or operator, any com-
muter authority or operator, or any rail carrier.
‘‘(b) INDEMNIFICATION OBLIGATIONS.—Obligations
of any party, however arising, including obligations arising
under leases or contracts or pursuant to orders of an ad-
ministrative agency, to indemnify against damages or li-
ability 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
or 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.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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.—Section 24304 of title 49,
United States Code, and the item relating thereto in the
table of sections of chapter 243, are repealed.
(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 as of the day before
the date of the enactment of this Act.
(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 may 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) SURRENDER OF PREFERRED STOCK.—The Sec-
retary of Transportation shall surrender all rights held in
connection with the issuance of the preferred stock of Am-
trak.
(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) This subsection and subsection (c) shall take ef-
fect 6 months after the date of the enactment of this Act.
(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 strik-
ing subparagraph (A) and redesignating subparagraphs
(B) through (M) as subparagraphs (A) through (L), re-
spectively.
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.—Funds
appropriated pursuant to this section shall be provided to
Amtrak upon appropriation when requested by Amtrak.’’.
SEC. 503. BOARD OF DIRECTORS.
(a) REPEAL.—Section 24302 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) NO CHANGE
OF MEMBERSHIP REQUIRED.—
Nothing in subsection (a) shall be construed to require any
change in the membership of the Board of Directors of
Amtrak on the date of the enactment of this Act.
SEC. 504. REPORTS AND AUDITS.
Section 24315 of title 49, United States Code, is
amended—
(1) by striking subsections (a) and (c);
(2) by redesignating subsections (b), (d), (e),
(f), and (g) as subsections (a), (b), (c), (d), and (e),
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 striking the second sentence thereof.
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 ‘‘sub-
sidiary 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 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 re-
ceipts derived therefrom’’; and
(3) by striking the last sentence thereof.
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 Am-
trak’s business plan;
(3) suggest strategies for further cost contain-
ment 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 adop-
tion 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, in con-
sultation with the minority leader of the House of
Representatives.
(B) Two individuals to be appointed by the ma-
jority leader of the Senate, in consultation with the
minority leader of the Senate.
(C) Two individuals appointed by the President.
(D) One individual appointed by the Amtrak
board of directors.
(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 Coun-
cil shall serve without pay, but shall receive travel ex-
penses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code.
(e) ADMINISTRATIVE SUPPORT.—The Secretary of
Transportation shall provide to the Council such adminis-
trative 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 re-
quires to carry out this section. The Council shall establish
appropriate procedures to ensure against the public disclo-
sure of any information obtained under this subsection
which is a trade secret or commercial or financial informa-
tion 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 in-
terim 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 sec-
tion 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 ‘‘District of Columbia’’ and in-
serting in lieu thereof ‘‘State in which its principal
office and place of business is located’’; and
(3) by inserting ‘‘For purposes of this sub-
section, the term ‘State’ includes the District of Co-
lumbia.’’ 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 car-
rier 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 fol-
lows:
‘‘(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.’’.
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.
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.
HR 1788 PCS
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 par-
ties 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 re-
sulting 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 orga-
‘‘(B) Where practicable, the description of the bene-
fits and costs of a proposed and final rule required under
this section shall describe such benefits and costs on an
industry by industry basis.
‘‘(2)(A) In evaluating and comparing costs and bene-
fits and in evaluating the risk assessment information de-
veloped pursuant to subchapter III, the agency shall not
rely on cost, benefit, or risk assessment information that
is not accompanied by data, analysis, or other supporting
materials that would enable the agency and other persons
interested in the rulemaking to assess the accuracy, reli-
ability, and uncertainty factors applicable to such informa-
tion.
‘‘(B) The agency evaluations of the relationships of
the benefits of a proposed and final rule to its costs shall
be clearly articulated in accordance with this section.
‘‘§ 623. Decisional criteria
‘‘(a) No final rule subject to this subchapter shall be
promulgated unless the agency finds that—
‘‘(1) the potential benefits to society from the
rule outweigh the potential costs of the rule to soci-
ety, as determined by the analysis required by sec-
tion 622(d)(2)(B); and
‘‘(2) the rule will provide greater net benefits to
society than any of the reasonable alternatives iden-
(1) IN GENERAL.—A financial services holding
company shall be treated as a bank holding company
for purposes of section 106 of the Bank Holding
Company Act Amendments of 1970 and section
22(h) of the Federal Reserve Act and any regulation
prescribed under any such section.
(2) TREATMENT UNDER BANK HOLDING COM-
PANY
ACT.—A financial services holding company
and any of such company’s other affiliates shall be
subject to section 106 of the Bank Holding Com-
pany Act Amendments of 1970, in connection with
any transaction involving the products or services of
such company or affiliate and those of an insured
depository institution affiliate, as if such company or
any such company’s other affiliates were an insured
depository institution and such insured depository
institution were a subsidiary of a bank holding com-
pany.
(3) REGULATORY
AUTHORITY.—For purposes
of this subsection, the appropriate Federal banking
agency shall exercise the authority provided to the
Board of Governors of the Federal Reserve System
under section 106 of the Bank Holding Company
Act Amendments of 1970 and section 22(h) of the
Federal Reserve Act.
(i) EXAMINATION AND ENFORCEMENT.—
(1) APPROPRIATE FEDERAL BANKING AGENCY
ACTIONS.—The appropriate Federal banking agency
shall enforce the provisions of this section and any
regulations adopted under the authority conferred in
this section by using its examination and supervisory
powers to ensure that each insured depository insti-
tution under its supervision is in compliance with
the limitations of this section.
(2) NO
EXTENSION
OF
INSURANCE
COV-
ERAGE.—In no instance shall the benefits of Federal
deposit insurance coverage applicable to an insured
depository institution that is controlled by a finan-
cial services holding company be extended to either
such financial services holding company or to any
other company controlled by such financial services
holding company that is not an insured depository
institution.
(3) AGENCY REVIEW OF RECORDS.—The appro-
priate Federal banking agency may examine the
books, records and affairs of, or require reports
from, any affiliate of an insured depository institu-
tion controlled by a financial services holding com-
pany in order to ensure compliance with the limita-
tions of this section.