Amtrak Reform and Accountability Act of 1997
PL 105-134 (S.738), enacted 12/02/1997

I l l STAT. 2570 
PUBLIC LAW 105-134—DEC. 2, 1997 
Dec. 2, 1997 
[S. 738] 
Amtrak Reform 
and 
Accountability 
Act of 1997. 
Inter-
governmental 
relations. 
49 u s e 20101 
note. 
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 SEC-
TIONS. 
(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 amend-
ment 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 — U S E 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. 
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 ofnew 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. 
49 USC 24101 
The Congress finds that— 
(1) intercity rail passenger service is an essential compo-
nent 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 finan-
cial condition if Amtrak is to survive; 
(4) all of Amtrak's stakeholders, including labor, manage-
ment, 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 oper-
ate 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) Amtrgik 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 nationsd passenger rail system; and 
(B) that system without Federal operating assistance; 
and 
I l l 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 £ind 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 sub-
section (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 sub-
section (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 TRANSPOR-
TATION.—State and local laws and regulations that impair the provi-
sion 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 relat-
ing 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 transpor-
tation but which decided to provide its own rail passenger transpor-
tation beginning January 1, 1983, is exempt, effective October 1, 
1981, from paying a tax or fee to the same extent Amtrsik 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 govern-
mental 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 use 24501 
et seq. 
49 use 24501 
note. 
I l l STAT. 2574 
PUBLIC LAW 105-134—DEC. 2, 1997 
49 use 24305 
note. 
49 use 24301 
note. 
49 use 24301 
note. 
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 transpor-
tation. 
(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 offi-
cial business where total travel cost from office to office is competi-
tive 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 
49 use 24312 
note. 
49 use 24312 
note. 
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 AGREE-
MENT.— 
(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 B E INCLUDED IN NEGOTIA-
TIONS.—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— 
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 negotia-
tion on the date of enactment of this Act may be re-
opened; or 
(B) November 1, 1999, 
whichever is earlier; 
(2) may, at the mutual election of Amtrak and an organiza-
tion representing Amtrak employees, be included in any nego-
tiation 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 enact-
ment 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 employ-
ees. 
49 use 24312 
note. 
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 dis-
pute 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 use 24706 
note. 
Ill 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 sub-
section (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 employ-
ees or any railroad. 
(3) The compensation of individuals selected under paragraph 
Applicability. 
(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 propos-
ing 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 NationsJ 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. 
PUBLIC LAW 105-134—DEC. 2, 1997 
111 STAT. 2577 
Subtitle D—^Use of Railroad Facilities 
SEC. 161. LIABIUTY LIMITATION. 
(a) IN GENERAL.—Chapter 281 is amended by adding at the 
end the following new section: 
'*§ 28103. Limitations on rail passenger transportation liabil-
ity 
"(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 pas-
senger 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 transpor-
tation 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 dam-
ages, 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) ]VL\NDATORY CovERAGE.^Amtrak shall maintain a total 
minimum liability coverage for claims through insurance and self-
insurance 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 Employ-
ers' 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 
I l l STAT. 2578 
PUBLIC LAW 105-134—DEC. 2, 1997 
"(3) the term 'rail carrier' includes a person providing excur-
sion, 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 
49 use 24101 
note. 
Contracts. 
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 chap-
ter, including budgetary goals for fiscal years 1998 through 2002. 
Commencing no later than the fiscal year following the fifth anniver-
sary of the Amtreik Reform and Accountability Act of 1997, Amtrak 
shall operate without Federal operating grant fimds appropriated 
for its benefit.". 
SEC. 
202. 
INDEPENDENT 
ASSESSMENT. 
(a)lNlTlATiON.—Not later than 15 days after the date of enact-
ment 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 indus-
try accounting requirements, including the uniqueness of the indus-
try and of Surface Transportation Board accounting requirements. 
The Department of Transportation, Office of Inspector General, 
shall approve the entitys statement of work and the award and 
shall oversee the contract. In canying 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 sub-
section meets the requirements of this section. 
(b) ASSESSMENT CRITERIA.—The Secretary and Amtrak shall 
provide to the independent entity estimates of the financial require-
ments 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 
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 EJSO shall deter-
mine 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 transpor-
tation, 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 manage-
ment. 
(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.— 
49 use 24101 
note. 
President. 
I l l 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 subpara-
graphs (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 transpor-
tation 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. 
Regulations. 
(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 informa-
tion obtained under this subsection that is a trade secret or commer-
cial 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— 
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 Amtrgik system, 
based on generally accepted accounting principles; and 
(C) management efficiencies and revenue enhance-
ments, including savings achieved through labor and 
contracting negotiations. 
(3) MONITOR WORK-RULE SAVINGS.—If, after January 1, 
1997, Amtrsik 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. 
49 USC 24101 
(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 £ifter 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 Infra-
structure of the United States House of Representatives. 
(b) FACTORS CONSIDERED.—In making a finding under sub-
section (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. 
I l l 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. 
49 use 24101 
SEC. 205. SENATE 
PROCEDURE 
FOR 
CONSIDERATION 
OF 
note. 
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 consider-
ation of a liquidation disapproval resolution under this sub-
section, then no other liquidation disapproval resolution origi-
nating 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 amend-
ment, except for perfecting amendments. 
(5) MOTION NONDEBATABLE.—^A motion to proceed to consid-
eration of a liquidation disapproval resolution under this sub-
section 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 pro-
ceed 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 pro-
ceed, without intervening action or debate (except as per-
mitted under paragraph (9)), to vote on the final disposition 
thereof to the exclusion of all amendments not then pending 
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 disagree-
ment 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 Major-
ity 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 "liq-
uidation 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. 
I l l STAT. 2584 
PUBLIC LAW 105-134—DEC. 2, 1997 
(e) RULES OF SENATE.—This section is enacted by the Con-
gress— 
(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 docu-
ments used to determine the amount of any pa3anent 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(1)(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 subdivi-
sion, or local taxing authority on Amtrak, a rail carrier subsidi-
ary 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.". 
49 use 24104 
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 non-
Amtrak 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. 
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 fol-
lows: 
"(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 follow-
ing 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 
26 use 172 note. 
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 sub-
section (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)(l)(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. 
I l l 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 sub-
sections (e) through (m) as subsections (b) through (j), 
respectively; and 
(B) in subsection (j)> as so redesignated by subpara-
graph (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. 
49 u s e 24307 
(a) APPLICATION TO A M T R A K . — 
note. 
(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 I998.— 
Amtrak shall not be subject to any requirement under sub-
section (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 para-
graphs (2) through (9), respectively; and 
(3) by inserting ", including a unit of State or local govern-
ment," after "means a person" in paragraph (7), as so redesig-
nated. 
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,". 
5 use app. 8G 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
note. 
(1) shall take effect at the beginning of the first fiscal year 
after a fiscal year for which Amtrak receives no Federal subsidy. 
PUBLIC LAW 105-134—DEC. 2, 1997 
111 STAT. 2587 
(b) AMTRAK NOT FEDERAL ENTITY.—Amtrak shall not be consid-
ered 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 Amtralj^ 
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 Appropria-
tions; 
(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 greints 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 communica-
tions, 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 govern-
ment 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 
5 use app. 8G 
note. 
Applicability. 
5 use app. 8G 
note. 
Reports. 
49 use 24101 
note. 
I l l STAT. 2588 
PUBLIC LAW 105-134—DEC. 2, 1997 
(4) obtain financing by other means permitted under Fed-
eral 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 responsibil-
ities. 
"(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 appoint-
ment 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 Rep-
resentatives, the Majority Leader of the Senate, and the Minor-
ity 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 manage- ^ 
ment; 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 there-
with; 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 Cal-
endar. 
"(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 representa-
tion), 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 imple-
ment the recommendations of the 1997 Working Group on Inter-
City 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 banlanptcy 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 RELATION-
SHIPS. 
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 afilliated with 
a lobbying firm, as those terms are defined in section 3 of the 
49 use 24104 
note. 
49 use 24305 
note. 
49 use 24315 
note. 
I l l STAT. 2590 
PUBLIC LAW 105-134—DEC. 2, 1997 
49 use 24304 
iK)te. 
49 use 24304 
note. 
Effective date. 
Effective date. 
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 enact-
ment 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 
PUBLIC LAW 105-134—DEC. 2, 1997 
111 STAT. 2591 
(A) and redesignating subparagraphs (B) through (L) as subpara-
graphs (A) through (K), respectively. 
Approved December 2, 1997. 
LEGISLATIVE HISTORY—S. 738 (H.R. 2247): 
HOUSE REPORTS: No. 105-251 accompanying H.R. 2247 (Comm. on Transpor-
tation and Infrastructure). 
SENATE REPORTS: No. 105-85 (Comm. on Commerce, Science, and Transpor-
tation). 
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.