to bylaws adopted by the Emergency Reform Board, and
the Emergency Reform Board shall be dissolved.
‘‘(d) AUTHORITY TO RECOMMEND PLAN.—The Emer-
gency Reform Board shall have the authority to recommend
to the Congress a plan to implement the recommendations
of the 1997 Working Group on Inter-City Rail regarding
the transfer of Amtrak’s infrastructure assets and respon-
sibilities to a new separately governed corporation.’’.
(b) EFFECT ON AUTHORIZATIONS.—If the Emergency
Reform Board has not assumed the responsibilities of the
Board of Directors of Amtrak before March 15, 1998, all
provisions authorizing appropriations under the amend-
ments made by section 701 of this Act for a fiscal year after
fiscal year 1998 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 para-
graph (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 Am-
trak.’’ 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 ‘‘sub-
sidiary of Amtrak’’;
(2) by striking ‘‘or fee imposed’’ and all that fol-
lows 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 trans-
portation or on mail or express transportation pro-
vided by Amtrak or a rail carrier subsidiary of Am-
trak, or on the carriage of such persons, mail, or ex-
press, 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, Am-
trak is not exempt from such tax or fee if it was as-
sessed before April 1, 1997.’’.
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 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 adoption
of uniform cost and accounting procedures throughout
the Amtrak system, based on generally accepted ac-
counting 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 mi-
nority leader of the House of Representatives.
(C) Two individuals to be appointed by the ma-
jority leader of the Senate.
(D) One individual to be appointed by the mi-
nority leader of the Senate.
(E) One individual to be appointed by the Presi-
dent.
(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 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 interim re-
port 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 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 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
place of business is located in the District of Colum-
bia, shall be considered organized under the provi-
sions 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 fol-
lows:
‘‘(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,