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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Non-Discrimination Act of 
2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Public school students who are lesbian, gay, bisexual 
        or transgender (LGBT), or are perceived to be LGBT, or who 
        associate with LGBT people, have been and are subjected to 
        pervasive discrimination, including harassment, bullying, 
        intimidation and violence, and have been deprived of equal 
        educational opportunities, in schools in every part of our 
        Nation.
            (2) While discrimination, including harassment, bullying, 
        intimidation and violence, of any kind is harmful to students 
        and to our education system, actions that target students based 
        on sexual orientation or gender identity represent a distinct 
        and especially severe problem.
            (3) Numerous social science studies demonstrate that 
        discrimination, including harassment, bullying, intimidation 
        and violence, at school has contributed to high rates of 
        absenteeism, dropout, adverse health consequences, and academic 
        underachievement among LGBT youth.
            (4) When left unchecked, discrimination, including 
        harassment, bullying, intimidation and violence, in schools 
        based on sexual orientation or gender identity can lead, and 
        has lead to, life-threatening violence and to suicide.
            (5) Public school students enjoy a variety of 
        constitutional rights, including rights to equal protection, 
        privacy, and free expression, which are infringed when school 
        officials engage in discriminatory treatment or are indifferent 
        to discrimination, including harassment, bullying, intimidation 
        and violence, on the basis of sexual orientation or gender 
        identity.
            (6) While Federal statutory protections expressly address 
        discrimination on the basis of race, color, sex, religion, 
        disability, and national origin, Federal civil rights statutes 
        do not expressly include ``sexual orientation'' or ``gender 
        identity''. As a result, students and parents have often had 
        limited legal recourse to redress for discrimination on the 
        basis of sexual orientation or gender identity.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that all students have access to public 
        education in a safe environment free from discrimination, 
        including harassment, bullying, intimidation and violence, on 
        the basis of sexual orientation or gender identity;
            (2) to provide a comprehensive Federal prohibition of 
        discrimination in public schools based on actual or perceived 
        sexual orientation or gender identity;
            (3) to provide meaningful and effective remedies for 
        discrimination in public schools based on actual or perceived 
        sexual orientation or gender identity;
            (4) to invoke congressional powers, including but not 
        limited to the power to enforce the 14th Amendment to the 
        Constitution and to provide for the general welfare pursuant to 
        section 8 of article I of the Constitution and the power to 
        enact all laws necessary and proper for the execution of the 
        foregoing powers pursuant to section 8 of article I of the 
        Constitution, in order to prohibit discrimination in public 
        schools on the basis of sexual orientation or gender identity; 
        and
            (5) to allow the Department of Education to effectively 
        combat discrimination based on sexual orientation or gender 
        identity in public schools through regulation and enforcement, 
        as the Department has issued regulations under and enforced 
        title IX of the Education Amendments of 1972 and other 
        nondiscrimination laws in a manner that effectively addresses 
        discrimination.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Program or activity.--The terms ``program or activity'' 
        and ``program'' have same meanings given such terms as applied 
        under section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d-4a) to the operations of public entities under paragraph 
        (2)(B) of such section.
            (2) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, or mannerisms or other 
        gender-related characteristics of an individual, with or 
        without regard to the individual's designated sex at birth.
            (3) Harassment.--The term ``harassment'' means conduct that 
        is sufficiently severe, persistent, or pervasive to limit a 
        student's ability to participate in or benefit from a public 
        school education program or activity, or to create a hostile or 
        abusive educational environment at a public school, including 
        acts of verbal, nonverbal, or physical aggression, 
        intimidation, or hostility, if such conduct is based on--
                    (A) a student's actual or perceived sexual 
                orientation or gender identity; or
                    (B) the actual or perceived sexual orientation or 
                gender identity of a person or persons with whom a 
                student associates or has associated.
            (4) Public schools.--The term ``public schools'' means 
        public elementary and secondary schools, including local 
        educational agencies, educational service agencies, and State 
        educational agencies, as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965.
            (5) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.
            (6) Student.--The term ``student'' means an individual who 
        is enrolled in a public school or who, regardless of official 
        enrollment status, attends classes or participates in a public 
        school's programs or educational activities.

SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.

    (a) In General.--No student shall, on the basis of actual or 
perceived sexual orientation or gender identity of such individual or 
of a person with whom the student associates or has associated, be 
excluded from participation in, or be denied the benefits of, or be 
subjected to discrimination under any program or activity receiving 
Federal financial assistance.
    (b) Harassment.--For purposes of this Act, discrimination includes, 
but is not limited to, harassment of a student on the basis of actual 
or perceived sexual orientation or gender identity of such student or 
of a person with whom the student associates or has associated.
    (c) Retaliation Prohibited.--
            (1) Prohibition.--No person shall be excluded from 
        participation in, be denied the benefits of, or be subjected to 
        discrimination, retaliation, or reprisal under any program or 
        activity receiving Federal financial assistance based on his or 
        her opposition to conduct made unlawful by this Act.
            (2) Definition.--For purposes of this subsection, 
        ``opposition to conduct made unlawful by this Act'' includes, 
        but is not limited to--
                    (A) opposition to conduct reasonably believed to be 
                made unlawful by this Act,
                    (B) any formal or informal report, whether oral or 
                written, to any governmental entity, including public 
                schools and employees thereof, regarding conduct made 
                unlawful by this Act or reasonably believed to be made 
                unlawful by this Act,
                    (C) participation in any investigation, proceeding, 
                or hearing related to conduct made unlawful by this Act 
                or reasonably believed to be made unlawful by this Act, 
                and
                    (D) assistance or encouragement provided to any 
                other person in the exercise or enjoyment of any right 
                granted or protected by this Act,
        if in the course of that expression, the person involved does 
        not purposefully provide information known to be false to any 
        public school or other governmental entity regarding a 
        violation, or alleged violation, of this Act.

SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL 
              COMMITTEES.

    Each Federal department and agency which is empowered to extend 
Federal financial assistance to any education program or activity, by 
way of grant, loan, or contract other than a contract of insurance or 
guaranty, is authorized and directed to effectuate the provisions of 
section 4 of this Act with respect to such program or activity by 
issuing rules, regulations, or orders of general applicability which 
shall be consistent with achievement of the objectives of the Act 
authorizing the financial assistance in connection with which the 
action is taken. No such rule, regulation, or order shall become 
effective unless and until approved by the President. Compliance with 
any requirement adopted pursuant to this section may be effected--
            (1) by the termination of or refusal to grant or to 
        continue assistance under such program or activity to any 
        recipient as to whom there has been an express finding on the 
        record, after opportunity for hearing, of a failure to comply 
        with such requirement, but such termination or refusal shall be 
        limited to the particular political entity, or part thereof, or 
        other recipient as to whom such a finding has been made, and 
        shall be limited in its effect to the particular program, or 
        part thereof, in which such noncompliance has been so found, or
            (2) by any other means authorized by law,
except that no such action shall be taken until the department or 
agency concerned has advised the appropriate person or persons of the 
failure to comply with the requirement and has determined that 
compliance cannot be secured by voluntary means. In the case of any 
action terminating, or refusing to grant or continue, assistance 
because of failure to comply with a requirement imposed pursuant to 
this section, the head of the Federal department or agency shall file 
with the committees of the House and Senate having legislative 
jurisdiction over the program or activity involved a full written 
report of the circumstances and the grounds for such action. No such 
action shall become effective until 30 days have elapsed after the 
filing of such report.

SEC. 6. CAUSE OF ACTION.

    (a) Cause of Action.--Subject to subsection (c) of this section, an 
aggrieved individual may assert a violation of this Act in a judicial 
proceeding. Aggrieved persons may be awarded all appropriate relief, 
including but not limited to equitable relief, compensatory damages, 
cost of the action, and remedial action.
    (b) Rule of Construction.--This section shall not be construed to 
preclude an aggrieved individual from obtaining other remedies under 
any other provision of law or to require such individual to exhaust any 
administrative complaint process or notice-of-claim requirement before 
seeking redress under this section.
    (c) Statute of Limitations.--For actions brought pursuant to this 
section, the statute of limitations period shall be determined in 
accordance with section 1658(a) of title 28 of the United States Code. 
The tolling of any such limitations period shall be determined in 
accordance with the law governing actions under section 1979 of the 
Revised Statutes (42 U.S.C. 1983) in the forum State.

SEC. 7. STATE IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the 11th 
Amendment to the Constitution of the United States from suit in Federal 
court for a violation of this Act.
    (b) Waiver.--A State's receipt or use of Federal financial 
assistance for any program or activity of a State shall constitute a 
waiver of sovereign immunity, under the 11th Amendment to the 
Constitution or otherwise, to a suit brought by an aggrieved individual 
for a violation of section 4 of this Act.
    (c) Remedies.--In a suit against a State for a violation of this 
Act, remedies (including remedies both at law and in equity) are 
available for such a violation to the same extent as such remedies are 
available for such a violation in the suit against any public or 
private entity other than a State.

SEC. 8. ATTORNEY'S FEES.

    Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is 
amended by inserting ``the Student Nondiscrimination Act of 2011,'' 
after ``Religious Land Use and Institutionalized Persons Act of 
2000,''.

SEC. 9. EFFECT ON OTHER LAWS.

    (a) Federal and State Nondiscrimination Laws.--Nothing in this Act 
shall be construed to preempt, invalidate, or limit rights, remedies, 
procedures, or legal standards available to victims of discrimination 
or retaliation under any other Federal law or law of a State or 
political subdivision of a State, including title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of 
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this 
Act are in addition to those imposed by title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
    (b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards 
regarding, or affect the rights available to individuals or groups 
under, other Federal laws that establish protections for freedom of 
speech and expression, such as legal standards and rights available to 
religious and other student groups under the 1st Amendment to the 
Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).

SEC. 10. SEVERABILITY.

    If any provision of this Act, or any application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provision to any 
other person or circumstance shall not be affected.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment 
of this Act and shall not apply to conduct occurring before the 
effective date of this Act.
Student Non-Discrimination Act of 2011 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.

Considers harassment to be a form of discrimination.

Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.

Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.

Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.

Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amtrak Investment Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) intercity rail passenger service is an essential 
        component of the integrated national transportation system; 
        however, to achieve its full potential the National Railroad 
        Passenger Corporation (Amtrak) must provide a quality 
        transportation product in the form of clean, comfortable, and 
        on-time service;
            (2) Amtrak's management and employees are dedicated to 
        providing the high quality service that Amtrak's customers 
        deserve; however, additional capital investment is needed to 
        acquire the modern equipment and efficient facilities that are 
        essential to satisfy the demand for superior intercity rail 
        passenger service;
            (3) significant levels of Federal capital investment will 
        enable Amtrak to provide the world class service American rail 
        passengers deserve, and will reduce operating costs in the long 
        term;
            (4) Amtrak's management should be held accountable to 
        ensure that all capital investment by the Federal Government is 
        effectively used to improve the quality of service and the 
        long-term financial health of Amtrak;
            (5) the Secretary of Transportation, as an ex officio 
        member of Amtrak's board of directors, should use this position 
        to evaluate Amtrak's costs and revenue elements to ensure that 
        Amtrak provides excellent service to its customers and that 
        Amtrak uses its Federal investment wisely and efficiently;
            (6) States can play a significant role in providing cost-
        efficient intercity rail passenger transportation and in 
        addressing local transportation needs and air quality control; 
        and
            (7) the freight railroads represent a critical part of the 
        Nation's transportation infrastructure, which should help to 
        provide expeditious and cost-effective delivery of passenger 
        trains.

SEC. 3. WORLD CLASS SERVICE.

    Section 24101(c) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by striking the period at the end of paragraph (11) and 
        inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(12) manage capital investment in such a way as to 
        provide its customers with world class service.''.

SEC. 4. RETURN ON INVESTMENT.

    Section 24315(b)(1) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(C) shall include projections of the anticipated benefits 
        of the projects proposed for funding under this part and a 
        report on the benefits actually realized from all projects 
        previously funded under this part, or legislation on which this 
        part is based, beginning with funds provided in fiscal year 
        1994.
Such report shall include an identification of improvements in the 
quality of service offered by Amtrak, facility improvements that 
demonstrate a productivity gain, equipment improvements that lower 
operating costs, environmental benefits (including air quality and land 
use), enhancements to local transportation needs, enhancements to 
mobility of physically and economically disadvantaged persons, an 
improvement to the revenue-to-cost ratio, reduced dependence on Federal 
operating support, and reductions in the need for alternative 
transportation investments. To the extent practicable, the benefits 
addressed in each report shall also be expressed as return on invested 
capital.''.

SEC. 5. STATE REQUESTED RAIL PASSENGER TRANSPORTATION.

    (a) State/Federal Formula.--(1) Section 24704 of title 49, United 
States Code, is amended--
            (A) in subsection (a)(1)(C)--
                    (i) by striking ``short term'' both places it 
                appears and inserting in lieu thereof ``long-term''; 
                and
                    (ii) by striking ``65 percent'' and inserting in 
                lieu thereof ``55 percent'';
            (B) in subsection (b)--
                    (i) by adding at the end of paragraph (2) the 
                following new sentence: ``Any such renewal shall 
                require the State, agency, or person to provide a 
                statement that such State, agency, or person agrees to 
                pay in each year of operation, beginning with the first 
                year of operation of service under such renewed 
                agreement, at least 55 percent of the long-term 
                avoidable losses of operating such service and at least 
                50 percent of the associated capital costs.''; and
                    (ii) by inserting at the end the following new 
                paragraph:
    ``(3) Amtrak is authorized to contribute in each year of operation 
of any service instituted or retained pursuant to this section no more 
than--
            ``(A) 55 percent in the first year of such operation; and
            ``(B) 45 percent in each year of operation thereafter,
of the long-term avoidable losses of operating such service and no more 
than 50 percent of the associated capital costs.''.
    (2) The amendments made by paragraph (1) shall only apply with 
respect to fiscal year 1996 and subsequent fiscal years.
    (b) Review of Program.--Within 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall conduct a 
comprehensive review of the program of State-assisted rail passenger 
services operated by Amtrak under section 24704 of title 49, United 
States Code, and shall submit a report to the Congress detailing the 
Secretary's findings and conclusions, including any recommendations the 
Secretary may have for revising such section 24704. The Secretary's 
report shall address, among other things, whether and at what point 
services originated under section 24704 should become a part of the 
basic system of intercity rail passenger transportation and shall 
identify any other avenues for initiating and implementing new rail 
passenger transportation.

SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM.

    (a) Capital Improvements.--(1) Section 24902(h) of title 49, United 
States Code, is amended--
            (A) by inserting ``(1)'' before ``If practicable''; and
            (B) by adding at the end the following new paragraph:
    ``(2) Amtrak shall make capital improvements for the Northeast 
Corridor improvement program under this chapter as necessary to operate 
reliable, high-speed rail passenger service, to enhance capacity for 
intercity and commuter passenger transportation, and as otherwise may 
be necessary to ensure continued reliable high-speed service. Amtrak 
shall also acquire train equipment to be used on the Northeast 
Corridor, mitigate environmental impacts related to the Northeast 
Corridor improvement program, and provide adequate parking at and 
improve Northeast Corridor rail stations.''.
    (2) Section 24909 of title 49, United States Code, is amended--
            (A) by striking subsection (e); and
            (B) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively.
    (b) Boston-New Haven Electrification Project.--(1) Section 24902(f) 
of title 49, United States Code, is amended--
            (A) by inserting ``(1)'' before ``Improvements under''; and
            (B) 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. 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.''.
    (2) Amtrak shall, not later than 6 months after the date of 
enactment of this Act, transmit to the Congress a report detailing its 
electrification design between Davisville and Central Falls, Rhode 
Island, and describing efforts to comply with section 24902(f)(2) of 
title 49, United States Code.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 24104 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``and not more than 
        $332,000,000 for fiscal year 1995 and $335,000,000 for fiscal 
        year 1996 may be appropriated to the Secretary,'' after 
        ``September 30, 1994,'';
            (2) in subsection (a)(2), by adding at the end the 
        following new subparagraphs:
            ``(C) $250,000,000 for fiscal year 1995.
            ``(D) $250,000,000 for fiscal year 1996.'';
            (3) in subsection (b)(1), by inserting ``Not more than 
        $373,000,000 for fiscal year 1995 and $373,000,000 for fiscal 
        year 1996 may be appropriated to the Secretary for the benefit 
        of Amtrak for operating expenses.'' after ``for operating 
        expenses.'';
            (4) in subsection (b)(2)(A), by adding at the end the 
        following new clauses:
            ``(iii) $17,000,000 for fiscal year 1995.
            ``(iv) $17,000,000 for fiscal year 1996.'';
            (5) in subsection (c)(1)--
                    (A) by striking ``and'' after ``September 30, 
                1993,''; and
                    (B) by inserting ``$156,000,000 for fiscal year 
                1995, and $165,000,000 for fiscal year 1996,'' after 
                ``September 30, 1994,''; and
            (6) by amending subsection (d) to read as follows:
    ``(d) Administration of Appropriations.--Notwithstanding section 
6304 of title 31, United States Code, funds appropriated pursuant to 
this section shall be provided to Amtrak upon appropriation when 
requested by Amtrak.''.

SEC. 8. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

    (a) Amendment.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following new section:

``SEC. 24316. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

    ``(a) Establishment.--Amtrak shall establish a Capital and 
Equipment Acquisition Account. Amounts in this account shall be used by 
Amtrak to--
            ``(1) acquire passenger equipment and locomotives;
            ``(2) encourage State and local investment in facilities 
        and equipment used to provide intercity rail passenger 
        transportation; and
            ``(3) address other critical capital priorities.
    ``(b) Deposits.--Amtrak may deposit into the Capital and Equipment 
Acquisition Account--
            ``(1) payments received for the use of its equipment or 
        facilities;
            ``(2) claims recovered by Amtrak; and
            ``(3) amounts from any other source to the extent 
        authorized by Federal law.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
243 of title 49, United States Code, is amended by adding at the end 
the following new item:

``24316. Capital and equipment acquisition account.''.

SEC. 9. ON-TIME PERFORMANCE.

    (a) Comparison.--The Secretary of Transportation shall conduct a 
direct comparison of the on-time performance of Amtrak compared to 
other modes of commercial passenger transportation, using consistent 
methodologies.
    (b) Report to Congress.--The Secretary of Transportation shall, not 
later than 1 year after the date of enactment of this Act, transmit to 
the Congress a report on the results of the comparison required by 
subsection (a), along with an explanation of the differences found in 
on-time performance between modes of transportation, including 
consideration of the age and condition of equipment and any other 
differences among the modes that affect the ability to achieve on-time 
service.

SEC. 10. COOPERATION WITH STUDY.

    Amtrak shall cooperate with the efforts of the Virginia State 
Department of Transportation in designing and carrying out a study on 
the feasibility of reestablishing rail service between Washington, 
D.C., and Bristol, Virginia.

SEC. 11. BURBANK-GLENDALE-PASADENA, CALIFORNIA, STATION FACILITIES.

    Amtrak shall develop a plan for new station facilities at the 
Burbank-Glendale-Pasadena Airport to accommodate the intercity rail 
passenger requirements of Amtrak, along with the needs of the commuter 
rail services serving the Burbank-Glendale-Pasadena metropolitan area. 
In developing the plan, Amtrak shall consider use of a facility at the 
airport as a primary facility for handling intercity and commuter 
passengers, shall evaluate sources of State, local, and private funding 
for the new station facilities, and shall propose the allocation of 
space and costs in the new facilities among all transportation services 
using the facilities. The plan shall be predicated upon completing the 
project with State, local, and private funding, and without Federal 
funds appropriated for Amtrak. Amtrak shall submit a report to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
containing such plan no later than April 1, 1995.

SEC. 12. CITY OF ONTARIO, CALIFORNIA, STATION FACILITIES.

    Amtrak shall develop a plan for new or redeveloped station 
facilities in the City of Ontario, California, to accommodate the 
intercity rail passenger requirements of Amtrak, along with the needs 
of the commuter rail services servicing the City of Ontario. In 
developing the plan, Amtrak shall consider use of a facility at the 
Ontario International Airport as the primary facility for handling 
intercity passengers, shall evaluate sources of State, local, and 
private funding for the new or redeveloped station facilities, and 
shall propose the allocation of space and costs in the new facilities 
among all transportation services using the facilities. The plan shall 
be predicated upon completing the project with State, local, and 
private funding, and without Federal funds appropriated for Amtrak. 
Amtrak shall submit a report to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate containing such plan no later than 
April 1, 1995.

SEC. 13. LAND CONVEYANCE.

    (a) Validation and Confirmation.--The conveyance described in 
subsection (b)(1) involving certain real property in Tulare County, 
California, forming a part of the right-of-way granted by the United 
States to the Southern Pacific Railroad under the Act entitled ``An Act 
granting Lands to aid in the Construction of a Railroad and Telegraph 
Line from the States of Missouri and Arkansas to the Pacific Coast'', 
approved July 27, 1866 (14 Stat. 292), is legalized, validated, and 
confirmed in the Redevelopment Agency of the city of Tulare, the 
grantee in such conveyance, and their successors in interest, with 
respect to all interests of the United States in the rights to the real 
property described in subsection (b)(2).
    (b) Conveyance and Real Property Described.--
            (1) Conveyance.--The conveyance referred to in subsection 
        (a) was made by a Judgment in Condemnation and Final Order of 
        Condemnation of the Superior Court in and for the county of 
        Tulare, State of California in Action No. 150298 entitled 
        ``Redevelopment Agency of the City of Tulare v. Southern 
        Pacific Transportation Company'' filed and entered March 10, 
        1992, by the Southern Pacific Transportation Company to the 
        Redevelopment Agency of the city of Tulare.
            (2) Real property described.--The real property referred to 
        in subsection (a) is a parcel of land in the northwest quarter 
        of section 11, township 20 south, range 24 east, Mount Diablo 
        Base and meridian in the city of Tulare, county of Tulare, 
        State of California, more particularly described as follows:
            Commencing at the intersection of the centerlines of Tulare 
        Avenue and ``J'' Street;
            Thence north 10 degrees 20 minutes 00 seconds west 208.54 
        feet along the centerline of ``J'' Street;
            Thence south 79 degrees 39 minutes 36 seconds west 40.00 
        feet to the westerly right-of-way line of ``J'' Street and the 
        True Point of Beginning;
            Thence south 10 degrees 20 minutes 00 seconds east 148.54 
        feet along said westerly right-of-way line to the beginning of 
        a tangent curve concave to the northwest having a radius of 
        20.00 feet, a radial line through which bears north 79 degrees 
        40 minutes 00 seconds east;
            Thence south, southwesterly and westerly along said curve 
        and right-of-way line through a central angle of 89 degrees 59 
        minutes 36 seconds to the northerly right-of-way line of Tulare 
        Avenue;
            Thence south 79 degrees 39 minutes 36 seconds west 159.89 
        feet along last said right-of-way line;
            Thence leaving said right-of-way line north 10 degrees 20 
        minutes 00 seconds west 168.54 feet parallel with the 
        centerline of ``J'' Street;
            Thence north 79 degrees 39 minutes 36 seconds east 179.88 
        feet to the Point of Beginning.
            Containing 0.69 acres.

SEC. 14. RESIDENCE OF EMPLOYEES.

    The amendments made by section 7 of the Amtrak Reauthorization and 
Improvement Act of 1990 shall apply to all periods before and after the 
date of their enactment.
Amtrak Investment Act of 1994 - Amends Federal transportation law to make it a goal of the National Railroad Passenger Corporation (AMTRAK) to manage its capital investment in such a way as to provide its customers with world class service. 
(Sec. 4) Requires AMTRAK to include in its annual report on its operations to the President and the Congress projections of anticipated and realized benefits of proposed and previously funded projects. 
(Sec. 5) Requires applications by a State, agency, or person requesting AMTRAK to provide rail passenger transportation, or to keep a train, route, or service that AMTRAK intends to discontinue, to commit it to provide at least 65 percent of the long-term loss (currently, short-term loss) of providing such transportation in the first year, and at least 55 percent of such loss in each succeeding year.  Requires a State, agency, or person, with respect to the renewal of such service, to state that it agrees to pay at least 55 percent of the long-term avoidable losses of operating such service and at least 50 percent of the associated capital costs.  Authorizes AMTRAK for each year of operation to contribute no more than 55 percent of the long-term avoidable losses in the first year of operation, and no more than 45 percent in each succeeding year. 
Directs the Secretary of Transportation (Secretary) to review AMTRAK's State-assisted rail passenger services program and report the results, including recommendations for revising such program, to the Congress. 
(Sec. 6)  Directs AMTRAK to make capital improvements for the Northeast Corridor improvement project necessary for reliable, high- speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. 
Requires AMTRAK to construct an 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.  Requires AMTRAK to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island. 
(Sec. 7)  Authorizes appropriations for:  (1) capital acquisition and corridor development; (2) AMTRAK operating expenses; (3) AMTRAK operating losses; and (4) certain mandatory payments. 
(Sec. 8) Directs AMTRAK to establish a Capital and Equipment Acquisition Account. 
(Sec. 9) Directs the Secretary to report to the Congress on the on-time performance of AMTRAK as compared to other modes of commercial transportation. 
(Sec. 10) Requires AMTRAK to cooperate with the Virginia State Department of Transportation on a study of the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia. 
(Sec. 11) Requires AMTRAK to develop plans for new station facilities at the Burbank-Glendale-Pasadena Airport and in Ontario, California. 
(Sec. 13) Confirms the conveyance of U.S. interests in certain real property to Tulare County, California.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telephone Consumer Slamming 
Prevention Act of 1997''.

SEC. 2. LONG DISTANCE SLAMMING PROHIBITION.

    Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is 
amended--
            (1) in the first sentence of subsection (a), by inserting 
        ``the requirements of this section and'' after ``in accordance 
        with''; and
            (2) by adding at the end the following new subsections:
    ``(c) Verification Procedures Required With Respect to Subscriber 
Selections of Interstate Carrier.--
            ``(1) Written carrier selections required.--No 
        telecommunications carrier shall submit or execute a change in 
        a subscriber's selection of a provider of interstate telephone 
        service unless the carrier to which the subscriber will be 
        changed (or such carrier's agent) has obtained from the 
        subscriber a written change authorization that--
                    ``(A) clearly and simply describes the nature of 
                the subscription change;
                    ``(B) is signed and dated by the subscriber;
                    ``(C) is solicited in accordance with the 
                requirements of paragraph (2); and
                    ``(D) is in a form (including typeface and language 
                used) that is prescribed or approved by the Commission.
            ``(2) Solicitation procedures.--A written change 
        authorization shall--
                    ``(A) not (i) be a part of, or attached to, any 
                other document, (ii) be included together with any 
                billing for telephone service, (iii) contain any 
                promotional offer or inducement; or (iv) represent that 
                endorsement entitles the subscriber to any benefit 
                other than the change in carrier selection; and
                    ``(B) be provided to the subscriber in duplicate, 
                and permit the subscriber to retain the duplicate.
    ``(d) Liability to Subscribers for Unauthorized Changes of 
Interstate Telephone Service.--Any telecommunications carrier that 
violates the requirements of subsection (c) shall be liable to the 
subscriber in an amount equal to the sum of the following charges:
            ``(1) Switching fees.--Any fees imposed for changing the 
        subscriber's service to or from the unauthorized carrier.
            ``(2) Long distance charges.--Any charges for interstate 
        telephone service used by the subscriber during the period that 
        begins upon the occurrence of the unauthorized change in 
        service that constituted the violation and ends upon the 
        earlier of (A) the date that the service of the subscriber is 
        changed from the unauthorized carrier pursuant to a valid 
change authorization under subsection (c), or (B) the expiration of the 
6-month period beginning on the date of the unauthorized change in 
service.
    ``(e) Administration of Slamming Complaint System.--
            ``(1) State option to administer.--
                    ``(A) In general.--If a State has made a 
                certification under subparagraph (B) to the Commission 
                (and has not thereafter terminated the effectiveness of 
                such certification), the State commission for such 
                State shall administer a slamming complaint system for 
                subscribers of interstate telephone service in such 
                State that meets the requirements pursuant to 
                subsection (f).
                    ``(B) Certification requirements.--A certification 
                under this subparagraph for a State is a certification 
                by the State commission for the State , submitted to 
                the Commission in the form and manner prescribed by the 
                Commission, that the State commission has established 
                and will maintain a slamming complaint system for the 
                State that meets the requirements pursuant to 
                subsection (f). A certification shall be effective for 
                purposes of this subsection upon submission to the 
                Commission, notwithstanding any review or approval by 
                the Commission. The Commission may prescribe the form 
                and manner for States to terminate the effectiveness of 
                such certifications.
            ``(2) Administration by commission.--The Commission shall, 
        for each State not described in paragraph (1)(A), maintain and 
        administer a slamming complaint system for subscribers of 
        interstate telephone service in such State that meets the 
        requirements pursuant to subsection (f).
    ``(f) Slamming Complaint System Requirements.--A slamming complaint 
system for a State meets the requirements pursuant to this subsection 
if the system--
            ``(1) makes available a procedure for any subscriber of 
        interstate telephone service in such State to register a 
        complaint that the subscriber's selection of a provider of such 
        service has been changed without the written authorization of 
        the subscriber required under subsection (c), and maintains a 
        record of such complaint;
            ``(2) with respect to each such complaint, provides for the 
        determination (in such manner as the Commission shall provide) 
        of whether a violation of the requirement under subsection (c) 
        occurred and of liability under subsection (d);
            ``(3) maintains a record of each determination of a 
        violation of the requirement under subsection (c) involving a 
        subscriber of interstate telephone service in the State, 
        including the telecommunications carrier to which interstate 
        telephone service was illegally changed;
            ``(4) on a monthly basis--
                    ``(A) determines, for each telecommunications 
                carrier providing interstate telephone service within 
                the State, the number of such violations determined to 
                have occurred involving the illegal change of service 
                to such carrier; and
                    ``(B) in the case only of a system administered by 
                a State commission pursuant to subsection (e)(1), 
                provides the information under subparagraph (A) to the 
                Commission; and
            ``(5) complies with any regulations as the Commission may 
        prescribe to carry out this subsection.
    ``(g) Notice to Subscribers of Availability of Slamming Complaint 
System.--The Commission shall require each telecommunications carrier 
providing interstate telephone service (or the billing agent for such 
carrier) to include, in each subscriber's phone bill for such service, 
a statement--
            ``(1) informing the subscriber that a complaint regarding 
        an unauthorized change in the subscriber's selection of a 
        provider of such service may be registered under the applicable 
        slamming complaint system for the State of the subscriber;
            ``(2) providing a phone number for contacting such slamming 
        complaint system; and
            ``(3) providing the location of the carrier's principal 
        office (including the street address, city, State or province 
        (or other region), country, and zip or postal code).
    ``(h) Performance Limits.--
            ``(1) Establishment by commission.--Not later than one year 
        after the date of enactment of this subsection, the Commission 
        shall conduct a study of the number and rates of incidence of 
        changes in subscribers' selections of providers of interstate 
        telephone service occurring without the authorization of the 
        subscriber. Pursuant to the study, the Commission shall 
        establish performance limits that are the maximum acceptable 
        rates of unauthorized changes. The Commission may, from time to 
time, review and adjust the performance limits established under this 
paragraph.
            ``(2) Comparison of number of violations to performance 
        limits.--After the establishment of the performance limits 
        under paragraph (1), the Commission shall compare the 
        information for each month for each telecommunications carrier 
        providing interstate telephone service within each State that 
        is submitted by State commissions (pursuant to subsection 
        (f)(4)(B)) and collected by the Commission (pursuant to 
        subsection (f)(4)(A) for States to which subsection (e)(2) 
        applies) to the applicable performance limit established under 
        paragraph (1).
    ``(i) Forfeiture Penalty for Exceeding Performance Limit.--
            ``(1) In general.--If the Commission determines that, for 
        any month, for any single telecommunications carrier, the 
        number of violations of the requirements under subsection (c) 
        determined to have occurred which involve changing the 
        interstate telephone service of subscribers of interstate 
        telephone service in a State to such carrier exceeds the 
        applicable performance limit for such State established under 
        subsection (h)(1), such carrier shall be considered to have 
        willfully failed to comply with this Act and shall be liable to 
        the United States for a forfeiture penalty under section 
        503(b)(1)(B).
            ``(2) Considerations in determining amount of penalty.--In 
        taking into account the extent and gravity of a violation under 
        paragraph (1) for purposes of determining the amount of the 
        forfeiture penalty pursuant to section 503(b)(2)(D), the 
        Commission shall consider--
                    ``(A) the number of violations of the requirements 
                of subsection (c) determined to have occurred in excess 
                of the number of violations necessary to exceed the 
                applicable performance limit; and
                    ``(B) the ratio of the number of violations 
                determined to have occurred to the number of violations 
                necessary to exceed the applicable performance limit.
    ``(j) Effect on Other Law.--
            ``(1) Consumer protection laws.--Nothing in this section 
        shall relieve any telecommunications carrier, local exchange 
        carrier, or any other person from the obligation to comply with 
        any Federal, State, or local statute or regulation relating to 
        consumer protection or unfair trade.
            ``(2) State authority.--Nothing in this section shall 
        preclude any State from enacting and enforcing additional and 
        complementary oversight and regulatory systems or procedures, 
        or both, so long as such systems and procedures do not 
        significantly impede the enforcement of this section or other 
        Federal statutes.''.

SEC. 3. LIMITATION OF EXISTING SLAMMING LIABILITY PROVISION TO 
              INTRASTATE SERVICE.

    Section 258(b) of the Communications Act of 1934 (47 U.S.C. 258(b)) 
is amended by striking ``described in subsection (a)'' and inserting 
``prescribed pursuant to subsection (a) for changing a subscriber's 
selection of a provider of intrastate telephone service'' after 
``subsection (a)''.

SEC. 4. EFFECTIVE DATE AND REGULATIONS.

    (a) Effective Date.--The amendments made by this Act shall take 
effect upon the expiration of the 12-month period beginning on the date 
of the enactment of this Act.
    (b) Regulations.--The Commission shall prescribe such regulations 
as may be necessary to carry out the amendments made by this Act, which 
shall include prescribing a standard form for written change 
authorizations that meets the requirements of section 258(c) of the 
Communications Act of 1934 (as added by section 2 of this Act) for use 
for such purpose. Such final regulations shall be issued and shall take 
effect not later than the effective date under subsection (a).

Telephone Consumer Slamming Prevention Act of 1997 - Amends the Communications Act of 1934 to prohibit telecommunications carriers from submitting or executing a change in a subscriber's selection of an interstate telephone service provider unless the carrier to which the subscriber will be changed has obtained a written change authorization from the subscriber. 
Makes carriers that violate such requirement liable for fees imposed for changing service to or from the unauthorized carrier and long distance charges incurred by the subscriber during a specified period of unauthorized service. 
Sets forth conditions under which States may administer a slamming complaint system for subscribers of interstate telephone service. Requires the Federal Communications Commission (FCC) to administer such systems for States that fail to do so.  Requires such systems to:  (1) make available procedures for registering and maintaining records of complaints by subscribers of unauthorized changes of service; (2) make determinations and maintain records of violations and liability; (3) determine, on a monthly basis, the number of violations involving illegal changes of service for each carrier and provide such information to the FCC; and (4) comply with FCC regulations. 
Directs carriers providing interstate telephone service to include information on the slamming complaint system in phone bills. 
Requires the FCC to establish performance limits that are the maximum acceptable rates of unauthorized service changes.  Makes carriers that exceed such limits liable for forfeiture penalties. 
Applies existing slamming liability provisions only to intrastate service changes.