[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 738 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 738

To reform the statutes relating to Amtrak, to authorize appropriations 
                  for Amtrak, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 1997

Mrs. Hutchison introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
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; TABLE OF SECTIONS.

    (a) Short Title.--This Act may be cited as the ``Amtrak Reform and 
Accountability Act of 1997''.
    (b) Table of Sections.--The table of sections for this Act is as 
follows:

Sec. 1. Short title; table of sections.
Sec. 2. Findings.
                              Title I--Reforms
                              Subtitle A--Operational Reforms
Sec. 101. Basic system.
Sec. 102. Mail, express, and auto-ferry transportation.
Sec. 103. Route and service criteria.
Sec. 104. Additional qualifying routes.
Sec. 105. Transportation requested by States, authorities, and other 
                            persons.
Sec. 106. Amtrak commuter.
Sec. 107. Through service in conjunction with intercity bus operations.
Sec. 108. Rail and motor carrier passenger service.
Sec. 109. Passenger choice.
Sec. 110. Application of certain laws.
                              Subtitle B--Procurement
Sec. 121. Contracting out.
                              Subtitle C--Employee Protection Reforms
Sec. 141. Railway Labor Act Procedures.
Sec. 142. Service discontinuance.
                              Subtitle D--Use of Railroad Facilities
Sec. 161. Liability limitation.
                              Title II--Fiscal Accountability
Sec. 201. Amtrak financial goals.
Sec. 202. Independent assessment.
Sec. 203. Amtrak Reform Council.
Sec. 204. Sunset trigger.
Sec. 205. Access to records and accounts.
Sec. 206. Officers' pay.
Sec. 207. Exemption from taxes.
                              Title III--Authorization of 
                                        Appropriations
Sec. 301. Authorization of appropriations.
                              Title IV--Miscellaneous
Sec. 401. Status and applicable laws.
Sec. 402. Waste disposal.
Sec. 403. Assistance for upgrading facilities.
Sec. 404. Demonstration of new technology.
Sec. 405. Program master plan for Boston-New York main line.
Sec. 406. Americans with Disabilities Act of 1990.
Sec. 407. Definitions.
Sec. 408. Northeast Corridor cost dispute.
Sec. 409. Inspector General Act of 1978 amendment.
Sec. 410. Interstate rail compacts.
Sec. 411. Composition of Amtrak board of directors.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) intercity rail passenger service is an essential 
        component of a national intermodal passenger transportation 
        system;
            (2) Amtrak is facing a financial crisis, with growing and 
        substantial debt obligations severely limiting its ability to 
        cover operating costs and jeopardizing its long-term viability;
            (3) immediate action is required to improve Amtrak's 
        financial condition if Amtrak is to survive;
            (4) all of Amtrak's stakeholders, including labor, 
        management, and the Federal government, must participate in 
        efforts to reduce Amtrak's costs and increase its revenues;
            (5) additional flexibility is needed to allow Amtrak to 
        operate in a businesslike manner in order to manage costs and 
        maximize revenues;
            (6) Amtrak should ensure that new management flexibility 
        produces cost savings without compromising safety;
            (7) Amtrak's management should be held accountable to 
        ensure that all investment by the Federal Government and State 
        governments is used effectively to improve the quality of 
        service and the long-term financial health of Amtrak;
            (8) Amtrak and its employees should proceed quickly with 
        proposals to modify collective bargaining agreements to make 
        more efficient use of manpower and to realize cost savings 
        which are necessary to reduce Federal financial assistance;
            (9) Amtrak and intercity bus service providers should work 
        cooperatively and develop coordinated intermodal relationships 
        promoting seamless transportation services which enhance travel 
        options and increase operating efficiencies; and
            (10) 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.--Section 24701 of title 49, United 
States Code, is amended to read as follows:

``Sec.  24701. OPERATION OF BASIC SYSTEM

    ``Amtrak shall provide intercity rail passenger transportation 
within the basic system. Amtrak shall strive to operate as a national 
rail passenger transportation system which provides access to all areas 
of the country and ties together existing and emergent regional rail 
passenger corridors and other intermodal passenger service.''.
    (b) Improving Rail Passenger Transportation.--Section 24702 of 
title 49, United States Code, and the item relating thereto in the 
table of sections of chapter 247 of such title, are repealed.
    (c) Discontinuance.--Section 24706 of title 49, United States Code, 
is amended--
            (1) by striking ``90 days'' and inserting ``180 days'' in 
        subsection (a)(1);
            (2) by striking ``a discontinuance under section 24707(a) 
        or (b) of this title'' in subsection (a)(1) and inserting 
        ``discontinuing service over a route'';
            (3) by inserting ``or assume'' after ``agree to share'' in 
        subsection (a)(1); and
            (4) by striking ``section 24707(a) or (b) of this title'' 
        in subsections (a)(2) and (b)(1) and inserting ``paragraph 
        (1)''.
    (d) Cost and Performance Review.--Section 24707 of title 49, United 
States Code, and the item relating thereto in the table of sections of 
chapter 247 of such title, are repealed.
    (e) Special Commuter Transportation.--Section 24708 of title 49, 
United States Code, and the item relating thereto in the table of 
sections of chapter 247 of such title, are repealed.
    (f) Conforming Amendment.--Section 24312(a)(1) of title 49, United 
States Code, is amended by striking ``, 24701(a),''.

SEC. 102. MAIL, EXPRESS, AND AUTO-FERRY TRANSPORTATION.

    (a) Repeal.--Section 24306 of title 49, United States Code, is 
amended--
            (1) by striking the last sentence of subsection (a);
            (2) by striking paragraphs (1) and (2) of subsection (b); 
        and
            (3) by striking ``(3) State'' and inserting ``State''.

SEC. 103. ROUTE AND SERVICE CRITERIA.

    Section 24703 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 247 of such title, 
are repealed.

SEC. 104. ADDITIONAL QUALIFYING ROUTES.

    Section 24705 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 247 of such title, 
are repealed.

SEC. 105. TRANSPORTATION REQUESTED BY STATES, AUTHORITIES, AND OTHER 
              PERSONS.

    Section 24101(c)(2) of title 49, United States Code, is amended by 
inserting ``, separately or in combination,'' after ``and the private 
sector''.

SEC. 106. AMTRAK COMMUTER.

    (a) Repeal of Chapter 245.--Chapter 245 of title 49, United States 
Code, and the item relating thereto in the table of chapters of 
subtitle V of such title, are repealed.
    (b) Conforming Amendment.--Section 24301(f) of title 49, United 
States Code, is amended to read as follows:
    ``(f) Tax Exemption for Certain Commuter Authorities.--A commuter 
authority that was eligible to make a contract with Amtrak Commuter to 
provide commuter rail passenger transportation but which decided to 
provide its own rail passenger transportation beginning January 1, 
1983, is exempt, effective October 1, 1981, from paying a tax or fee to 
the same extent Amtrak is exempt.''.
    (c) Trackage Rights Not Affected.--The repeal of chapter 245 of 
title 49, United States Code, by subsection (a) of this section is 
without prejudice to the retention of trackage rights over property 
owned or leased by commuter authorities.

SEC. 107. THROUGH SERVICE IN CONJUNCTION WITH INTERCITY BUS OPERATIONS.

    (a) In General.--Section 24305(a) of title 49, United States Code, 
is amended by adding at the end the following new paragraph:
    ``(3)(A) Except as provided in subsection (d)(2), Amtrak may enter 
into a contract with a motor carrier of passengers for the intercity 
transportation of passengers by motor carrier over regular routes 
only--
            ``(i) if the motor carrier is not a public recipient of 
        governmental assistance, as such term is defined in section 
        10922(d)(1)(F)(i) of this title, other than a recipient of 
        funds under section 18 of the Federal Transit Act;
            ``(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) of title 49, United States 
Code, 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 section 11342(a) of this 
title for the purpose of providing improved service to the public and 
economy of operation.''.

SEC. 108. RAIL AND MOTOR CARRIER PASSENGER SERVICE.

    (a) In General.--Notwithstanding any other provision of law (other 
than section 24305(a) of title 49, United States Code), Amtrak and 
motor carriers of passengers are authorized--
            (1) to combine or package their respective services and 
        facilities to the public as a means of increasing revenues; and
            (2) to coordinate schedules, routes, rates, reservations, 
        and ticketing to provide for enhanced intermodal surface 
        transportation.
    (b) Review.--The authority granted by subsection (a) is subject to 
review by the Surface Transportation Board and may be modified or 
revoked by the Board if modification or revocation is in the public 
interest.

SEC. 109. PASSENGER CHOICE.

    Federal employees are authorized to travel on Amtrak for official 
business where total travel cost from office to office is competitive 
on a total trip or time basis.

SEC. 110. APPLICATION OF CERTAIN LAWS.

    (a) Application of FOIA.--Section 24301(e) of title 49, United 
States Code, 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 304A(m) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253b) applies to a proposal in the 
possession or control of Amtrak.''.

                        Subtitle B--Procurement

SEC. 121. CONTRACTING OUT.

    (a) Contracting Out Reform.--Effective 180 days after the date of 
enactment of this Act, section 24312 of title 49, United States Code, 
is amended--
            (1) by striking the paragraph designation for paragraph (1) 
        of subsection (a);
            (2) by striking ``(2)'' in subsection (a)(2) and inserting 
        ``(b)''; and
            (3) by striking subsection (b).
The amendment made by paragraph (3) is without prejudice to the power 
of Amtrak to contract out the provision of food and beverage services 
on board Amtrak trains or to contract out work not resulting in the 
layoff of Amtrak employees.
    (b) 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 contracting out by Amtrak of work normally performed by an employee 
in a bargaining unit covered by a contract between Amtrak and a labor 
organization representing Amtrak employees, which are applicable to 
employees of Amtrak 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. This subsection shall not apply to issues relating 
to provisions defining the scope or classification of work performed by 
an Amtrak employee. The issue for negotiation under this paragraph does 
not include the contracting out of work involving food and beverage 
services provided on Amtrak trains or the contracting out of work not 
resulting in the layoff of Amtrak employees.
    (c) National Mediation Board Efforts.-- Except as provided in 
subsection (d), the National Mediation Board shall complete all 
efforts, with respect to the dispute described in subsection (b), 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.
    (d) Railway Labor Act Arbitration.--The parties to the dispute 
described in subsection (b) 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.
    (e) Dispute Resolution.--
            (1) With respect to the dispute described in subsection (b) 
        which--
                    (A) is unresolved as of the date which is 120 days 
                after the date of the enactment of this Act; and
                    (B) is not submitted to arbitration as described in 
                subsection (d),
        Amtrak shall, and the labor organizations that are 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 of the individual under the preceding 
        sentence 134 days after the date of enactment of this Act, the 
        Board will immediately select such individual.
            (2) No individual shall be selected under paragraph (1) who 
        is pecuniarily or otherwise interested in any organization of 
        employees or any railroad or who is selected pursuant to 
        section 141(d) of this Act.
            (3) The compensation of individuals selected under 
        paragraph (1) shall be fixed by the National Mediation Board. 
        The second paragraph of section 10 of the Railway Labor Act (45 
        U.S.C. 160) 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 (b) 
        fail to reach agreement within 150 days after the date of the 
        enactment of this Act, the individual selected under paragraph 
        (1) with respect to such dispute shall make recommendations to 
        the parties proposing contract terms to resolve the dispute.
            (5) If the parties to a dispute described in subsection (b) 
        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 (b).
    (f) No Precedent for Freight.--Nothing in this section shall be a 
precedent for the resolution of any dispute between a freight railroad 
and any labor organization representing that railroad's employees.

                Subtitle C--Employee Protection Reforms

SEC. 141. RAILWAY LABOR ACT PROCEDURES.

    (a) Notices.--Notwithstanding any arrangement in effect before the 
date of the enactment of this Act, notices under section 6 of the 
Railway Labor Act (45 U.S.C. 156) with respect to all issues relating 
to employee protective arrangements and severance benefits which are 
applicable to employees of Amtrak, including all provisions of Appendix 
C-2 to the National Railroad Passenger Corporation Agreement, signed 
July 5, 1973, shall be deemed served and effective on the date which is 
45 days after the date of the enactment of this Act. Amtrak, and each 
affected labor organization representing Amtrak employees, shall 
promptly supply specific information and proposals with respect to each 
such notice.
    (b) National Mediation Board Efforts.--Except as provided in 
subsection (c), the National Mediation Board shall complete all 
efforts, with respect to the dispute described in subsection (a), under 
section 5 of the Railway Labor Act (45 U.S.C. 155) not later than 120 
days after the date of the enactment of this Act.
    (c) Railway Labor Act Arbitration.--The parties to the dispute 
described in subsection (a) may agree to submit the dispute to 
arbitration under section 7 of the Railway Labor Act (45 U.S.C. 157), 
and any award resulting therefrom shall be retroactive to the date 
which is 120 days after the date of the enactment of this Act.
    (d) Dispute Resolution.--
            (1) With respect to the dispute described in subsection (a) 
        which
                    (A) is unresolved as of the date which is 120 days 
                after the date of the enactment of this Act; and
                    (B) is not submitted to arbitration as described in 
                subsection (c), Amtrak shall, and the labor 
                organization parties to such dispute shall, within 127 
                days after the date of the enactment of this Act, each 
                select an individual from the entire roster of 
                arbitrators maintained by the National Mediation Board. 
                Within 134 days after the date of the enactment of this 
                Act, the individuals selected under the preceding 
                sentence shall jointly select an individual from such 
                roster to make recommendations with respect to such 
                dispute under this subsection. If the National 
                Mediation Board is not informed of the selection under 
                the preceding sentence 134 days after the date of 
                enactment of this Act, the Board will immediately 
                select such individual.
            (2) No individual shall be selected under paragraph (1) who 
        is pecuniarily or otherwise interested in any organization of 
        employees or any railroad or who is selected pursuant to 
        section 121(e) of this Act.
            (3) The compensation of individuals selected under 
        paragraph (1) shall be fixed by the National Mediation Board. 
        The second paragraph of section 10 of the Railway Labor Act 
        shall apply to the expenses of such individuals as if such 
        individuals were members of a board created under such section 
        10.
            (4) If the parties to a dispute described in subsection (a) 
        fail to reach agreement within 150 days after the date of the 
        enactment of this Act, the individual selected under paragraph 
        (1) with respect to such dispute shall make recommendations to 
        the parties proposing contract terms to resolve the dispute.
            (5) If the parties to a dispute described in subsection (a) 
        fail to reach agreement, no change shall be made by either of 
        the parties in the conditions out of which the dispute arose 
        for 30 days after recommendations are made under paragraph (4).
            (6) Section 10 of the Railway Labor Act (45 U.S.C. 160) 
        shall not apply to a dispute described in subsection (a).

SEC. 142. SERVICE DISCONTINUANCE.

    (a) Repeal.--Section 24706(c) of title 49, United States Code, is 
repealed.
    (b) Existing Contracts.--Any provision of a contract entered into 
before the date of the enactment of this Act between Amtrak and a labor 
organization representing Amtrak employees relating to employee 
protective arrangements and severance benefits applicable to employees 
of Amtrak is extinguished, including all provisions of Appendix C-2 to 
the National Railroad Passenger Corporation Agreement, signed July 5, 
1973.
    (c) Special Effective Date.--Subsections (a) and (b) of this 
section shall take effect 180 days after the date of the enactment of 
this Act.
    (d) Nonapplication of Bankruptcy Law Provision.--Section 1172(c) of 
title 11, United States Code, shall not apply to Amtrak and its 
employees.

                 Subtitle D--Use of Railroad Facilities

SEC. 161. LIABILITY LIMITATION.

    (a) Amendment.--Chapter 281 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 28103. Limitations on rail passenger transportation liability
    ``(a) Limitations.--
            ``(1) Notwithstanding any other statutory or common law or 
        public policy, or the nature of the conduct giving rise to 
        damages or liability, a contract between Amtrak and its 
        passengers, the Alaska Railroad and its passengers, or private 
        railroad car operators and their passengers regarding claims 
        for personal injury, death, or damage to property arising from 
        or in connection with the provision of rail passenger 
        transportation, or from or in connection with any operations 
        over or use of right-of-way or facilities owned, leased, or 
        maintained by Amtrak or the Alaska Railroad, or from or in 
        connection with any rail passenger transportation operations 
        over or rail passenger transportation use of right-of-way or 
        facilities owned, leased, or maintained by any high-speed 
        railroad authority or operator, any commuter authority or 
        operator, or any rail carrier shall be enforceable if--
                    ``(A) punitive or exemplary damages, where 
                permitted, are not limited to less than 2 times 
                compensatory damages awarded to any claimant by any 
                State or Federal court or administrative agency, or in 
                any arbitration proceeding, or in any other forum or 
                $250,000, whichever is greater; and
                    ``(B) passengers are provided adequate notice of 
                any such contractual limitation or waiver or choice of 
                forum.
            ``(2) For purposes of this subsection, the term `claim' 
        means a claim made directly or indirectly--
                    ``(A) against Amtrak, any high-speed railroad 
                authority or operator, any commuter authority or 
                operator, or any rail carrier including the Alaska 
                Railroad or private rail car operators; or
                    ``(B) against an affiliate engaged in railroad 
                operations, officer, employee, or agent of, Amtrak, any 
                high-speed railroad authority or operator, any commuter 
                authority or operator, or any rail carrier.
            ``(3) Notwithstanding paragraph (1)(A), if, in any case in 
        which 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, a claimant may 
        recover in a claim limited by this subsection for actual or 
        compensatory damages measured by the pecuniary injuries, 
        resulting from such death, to the persons for whose benefit the 
        action was brought, subject to the provisions of paragraph (1).
    (b) Indemnification Obligation.--Obligations of any party, however 
arising, including obligations arising under leases or contracts or 
pursuant to orders of an administrative agency, to indemnify against 
damages or liability for personal injury, death, or damage to property 
described in subsesction (a), incurred after the death of the enactment 
of the Amtrak Reform and Accountability Act of 1997, shall be 
enforceable, notwithstanding any other statuatory or common law or 
public policy, or the nature of the conduct giving rise to the damages 
or liability.
    (c) Conforming Amendment.--The table of sections of chapter 281 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``28103. Limitations on rail passenger transportation liability.''.

                    TITLE II--FISCAL ACCOUNTABILITY

SEC. 201. AMTRAK FINANCIAL GOALS.

    Section 24101(d) of title 49, United States Code, is amended by 
adding at the end thereof the following: ``Amtrak shall prepare a 
financial plan to operate within the funding levels authorized by 
section 24104 of this chapter, including budgetary goals for fiscal 
years 1998 through 2002. Commencing no later than the fiscal year 
following the fifth anniversary of the Amtrak Reform and Accountability 
Act of 1997, Amtrak shall operate without Federal operating grant funds 
appropriated for its benefit.''.

SEC. 202. INDEPENDENT ASSESSMENT.

    (a) Initiation.--Not later than 15 days after the date of enactment 
of this Act, the Secretary of Transportation shall contract with an 
entity independent of Amtrak and not in any contractual relationship 
with Amtrak and of the Department of Transportation to conduct a 
complete independent assessment of the financial requirements of Amtrak 
through fiscal year 2002. The entity shall have demonstrated knowledge 
about railroad industry accounting requirements, including the 
uniqueness of the industry and of Surface Transportation Board 
accounting requirements.
    (b) Assessment Criteria.--The Secretary and Amtrak shall provide to 
the independent entity estimates of the financial requirements of 
Amtrak for the period described above, 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) Amtrak's debt obligations.
    (d) Deadline.--The independent assessment shall be completed not 
later than 90 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 9 members, as 
        follows:
                    (A) The Secretary of Transportation.
                    (B) Two individuals appointed by the President, of 
                which--
                            (i) one shall be a representative of a rail 
                        labor organization; and
                            (ii) one shall be a representative of rail 
                        management.
                    (C) Two 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) Two 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.--
                    (A) Time for initial appointments.--Appointments 
                under paragraph (1) shall be made within 30 days after 
                the date of enactment of this Act.
                    (B) Expertise.--Individuals appointed under 
                subparagraphs (C) through (F) of paragraph (1)--
                            (i) may not be employees of the United 
                        States;
                            (ii) may not be board members or employees 
                        of Amtrak;
                            (iii) may not be representatives of rail 
                        labor organizations or rail management; and
                            (iv) shall have technical qualifications, 
                        professional standing, and demonstrated 
                        expertise in the field of corporate management, 
                        finance, rail or other transportation 
                        operations, labor, economics, or the law, or 
                        other areas of expertise relevant to the 
                        Council.
            (3) Term.--Members shall serve for terms of 5 years. If a 
        vacancy occurs other than by the expiration of a term, the 
        individual appointed to fill the vacancy shall be appointed in 
        the same manner as, and shall serve only for the unexpired 
        portion of the term for which, that individual's predecessor 
        was appointed.
            (4) Chairman.--The Council shall elect a chairman from 
        among its membership within 15 days after the earlier of--
                    (A) the date on which all members of the Council 
                have been appointed under paragraph (2)(A); or
                    (B) 45 days after the date of enactment of this 
                Act.
            (5) Majority required for action.--A majority of the 
        members of the Council present and voting is required for the 
        Council to take action. No person shall be elected chairman of 
        the Council who receives fewer than 5 votes.
    (c) Administrative Support.--The Secretary of Transportation shall 
provide such administrative support to the Council as it needs in order 
to carry out its duties under this section.
    (d) Travel Expenses.--Each member of the Council shall serve 
without pay, but shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with section 5702 and 5703 of title 
5, United States Code.
    (e) Meetings.--Each meeting of the Council, other than a meeting at 
which proprietary information is to be discussed, shall be open to the 
public.
    (f) Access to Information.--Amtrak shall make available to the 
Council all information the Council requires to carry out its duties 
under this section. The Council shall establish appropriate procedures 
to ensure against the public disclosure of any information obtained 
under this subsection that is a trade secret or commercial or financial 
information that is privileged or confidential.
    (g) Duties.--
            (1) Evaluation and Recommendation.--The Council--
                    (A) shall 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 take consider 
        all relevant performance factors, including--
                    (A) Amtrak's operation as a national passenger rail 
                system which provides access to all regions of the 
                country and ties together existing and emerging rail 
                passenger corridors;
                    (B) appropriate methods for adoption of uniform 
                cost and accounting procedures throughout the Amtrak 
                system, based on generally accepted accounting 
                principles; and
                    (C) management efficiencies and revenue 
                enhancements, including savings achieved through labor 
                and contracting negotiations.
    (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 Amtrak's progress on the 
resolution or status of productivity issues; and makes recommendations 
for improvements and for any changes in law it believes to be necessary 
or appropriate.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Council such sums as may be necessary to enable the 
Council to carry out its duties.

SEC. 204. SUNSET TRIGGER.

    (a) In General.--If at any time the Amtrak Reform Council finds 
that--
            (1) Amtrak's business performance will prevent it from 
        meeting the financial goals set forth in section 201; or
            (2) Amtrak will require operating grant funds after the 
        fifth anniversary of the date of enactment of this Act, then
the Council shall immediately notify the President, the Committee on 
Commerce, Science, and Transportation of the United States Senate; and 
the Committee on Transportation and Infrastructure of the United States 
House of Representatives.
    (b) Factors Considered.--In making a finding under subsection (a), 
the Council shall take into account--
            (1) Amtrak's performance;
            (2) the findings of the independent assessment conducted 
        under section 202; and
            (3) Acts of God, national emergencies, and other events 
        beyond the reasonable control of Amtrak.
    (c) Action Plan.--Within 90 days after the Council makes a finding 
under subsection (a), it shall develop and submit to the Congress--
            (1) an action plan for a restructured and rationalized 
        intercity rail passenger system; and
            (2) an action plan for the complete liquidation of Amtrak.
If the Congress does not approve by concurrent resolution the 
implementation of the plan submitted under paragraph (1) within 90 
calendar days after it is submitted to the Congress, then the Secretary 
of Transportation and Amtrak shall implement the plan submitted under 
paragraph (2).

SEC. 205. ACCESS TO RECORDS AND ACCOUNTS.

    Section 24315 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Access to Records and Accounts.--A State shall have access to 
Amtrak's records, accounts, and other necessary documents used to 
determine the amount of any payment to Amtrak required of the State.''.

SEC. 206. OFFICERS' PAY.

    Section 24303(b) of title 49, United States Code, 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. 207. EXEMPTION FROM TAXES.

    (a) In General.--Subsection (l) of section 24301 of title 49, 
United States Code, is amended--
            (1) by striking so much of the subsection as precedes ``or 
        a rail carrier'' in paragraph (1) and inserting the following:
    ``(l) Exemption From Taxes Levied After September 30, 1981.--
            ``(1) In general.--Amtrak'';
            (2) by inserting ``, and any passenger or other customer of 
        Amtrak or such subsidiary,'' in paragraph (1) after 
        ``subsidiary of Amtrak'';
            (3) by striking ``or fee imposed'' in paragraph (1) and all 
        that follows through ``levied on it'' and inserting ``, fee, 
        head charge, or other charge, imposed or levied by a State, 
        political subdivision, or local taxing authority on Amtrak, a 
        rail carrier subsidiary of Amtrak, or on persons traveling in 
        intercity rail passenger transportation or on mail or express 
        transportation provided by Amtrak or such a subsidiary, or on 
        the carriage of such persons, mail, or express, or on the sale 
        of any such transportation, or on the gross receipts derived 
        therefrom'';
            (4) by striking the last sentence of paragraph (1);
            (5) by striking ``(2) The'' in paragraph (2) and inserting 
        ``(3) Jurisdiction of United States District Courts.--The''; 
        and
            (6) by inserting after paragraph (1) the following:
            ``(2) Phase-in of exemption for certain existing taxes and 
        fees.--
                    ``(A) Years before 2000.--Notwithstanding paragraph 
                (1), Amtrak is exempt from a tax or fee referred to in 
                paragraph (1) that Amtrak was required to pay as of 
                September 10, 1982, during calendar years 1997 through 
                1999, only to the extent specified in the following 
                table:


                          Phase-in of Exemption                         
                                                                        
         Year of assessment                Percentage of exemption      
                                                                        
1997...............................                          40         
1998...............................                          60         
1999...............................                          80         
2000 and later years...............                         100         
                                                                        

            ``(B) Taxes assessed after march, 1999.--Amtrak shall be 
        exempt from any tax or fee referred to in subparagraph (A) that 
        is assessed on or after April 1, 1999.''.
    (b) Effective Date.--The amendments made by subsection (a) do not 
apply to sales taxes imposed on intrastate travel as of the date of 
enactment of this Act.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    Section 24104(a) of title 49, United States Code, is amended to 
read as follows:
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation--
            ``(1) $1,138,000,000 for fiscal year 1998;
            ``(2) $1,058,000,000 for fiscal year 1999;
            ``(3) $1,023,000,000 for fiscal year 2000;
            ``(4) $989,000,000 for fiscal year 2001; and
            ``(5) $955,000,000 for fiscal year 2002,
for the benefit of Amtrak for capital expenditures under chapters 243 
and 247 of this title, operating expenses, and payments described in 
subsection (c)(1)(A) through (C). In fiscal years following the fifth 
anniversary of the enactment of the Amtrak Reform and Accountability 
Act of 1997 no funds authorized for Amtrak shall be used for operating 
expenses other than those prescribed for tax liabilities under section 
3221 of the Internal Revenue Code of 1986 that are more than the amount 
needed for benefits of individuals who retire from Amtrak and for their 
beneficiaries.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. STATUS AND APPLICABLE LAWS.

    Section 24301 of title 49, United States Code, is amended--
            (1) by striking ``rail carrier under section 10102'' in 
        subsection (a)(1) and inserting ``railroad carrier under 
        section 20102(2) and chapters 261 and 281''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Application of Subtitle IV.--Subtitle IV of this title shall 
not apply to Amtrak, except for sections 11303, 11342(a), 11504(a) and 
(d), and 11707. Notwithstanding the preceding sentence, Amtrak shall 
continue to be considered an employer under the Railroad Retirement Act 
of 1974, the Railroad Unemployment Insurance Act, and the Railroad 
Retirement Tax Act.''.

SEC. 402. WASTE DISPOSAL.

    Section 24301(m)(1)(A) of title 49, United States Code, is amended 
by striking ``1996'' and inserting ``2001''.

SEC. 403. ASSISTANCE FOR UPGRADING FACILITIES.

    Section 24310 of title 49, United States Code, and the item 
relating thereto in the table of sections of chapter 243 of such title, 
are repealed.

SEC. 404. DEMONSTRATION OF NEW TECHNOLOGY.

    Section 24314 of title 49, United States Code, and the item 
relating thereto in the table of sections for chapter 243 of that 
title, are repealed.

SEC. 405. PROGRAM MASTER PLAN FOR BOSTON-NEW YORK MAIN LINE.

    (a) Repeal.--Section 24903 of title 49, United States Code, is 
repealed and the table of sections for chapter 249 of such title is 
amended by striking the item relating to that section.
    (b) Conforming Amendments.--
            (1) Section 24902 of title 49, United States Code is 
        amended by striking subsections (a), (c), and (d) and 
        redesignating subsection (b) as subsection (a) and subsections 
        (e) through (m) as subsections (b) through (j), respectively.
            (2) Section 24904(a)(8) is amended by striking ``the high-
        speed rail passenger transportation area specified in section 
        24902(a)(1) and (2)'' and inserting ``a high-speed rail 
        passenger transportation area''.

SEC. 406. AMERICANS WITH DISABILITIES ACT OF 1990.

    (a) Application to Amtrak.--
            (1) Access improvements at certain shared stations.--Amtrak 
        is responsible for its share, if any, of the costs of 
        accessibility improvements at any station jointly used by 
        Amtrak and a commuter authority.
            (2) Certain requirements not to apply until 1998.--Amtrak 
        shall not be subject to any requirement under subsection 
        (a)(1), (a)(3), or (e)(2) of section 242 of the Americans With 
        Disabilities Act of 1990 (42 U.S.C. 12162) until January 1, 
        1998.
    (b) Conforming Amendment.--Section 24307 of title 49, United States 
Code, is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).

SEC. 407. DEFINITIONS.

    Section 24102 of title 49, United States Code, is amended--
            (1) by striking paragraphs (2) and (11);
            (2) by redesignating paragraphs (3) through (8) as 
        paragraphs (2) through (7), respectively;
            (3) by inserting ``, including a unit of State or local 
        government,'' after ``means a person'' in paragraph (7), as so 
        redesignated; and
            (4) by inserting after paragraph (7), as so redesignated, 
        the following new paragraph:
            ``(8) `rail passenger transportation' means the interstate, 
        intrastate, or international transportation of passengers by 
        rail, including mail and express.''.

SEC. 408. NORTHEAST CORRIDOR COST DISPUTE.

    Section 1163 of the Northeast Rail Service Act of 1981 (45 U.S.C. 
1111) is repealed.

SEC. 409. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

    (a) Amendment.--
            (1) In general.--Section 8G(a)(2) of the Inspector General 
        Act of 1978 (5 U.S.C. App.) is amended by striking ``Amtrak,''.
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect in the first fiscal year for which Amtrak receives 
        no Federal subsidy.
    (b) Amtrak Not Federal Entity.--Amtrak shall not be considered a 
Federal entity for purposes of the Inspector General Act of 1978. The 
preceding sentence shall apply for any fiscal year for which Amtrak 
receives no Federal subsidy.

SEC. 410. INTERSTATE RAIL COMPACTS.

    (a) Consent to Compacts.--Congress grants consent to States with an 
interest in a specific form, route, or corridor of intercity passenger 
rail service (including high speed rail service) to enter into 
interstate compacts to promote the provision of the service, 
including--
            (1) retaining an existing service or commencing a new 
        service;
            (2) assembling rights-of-way; and
            (3) performing capital improvements, including--
                    (A) the construction and rehabilitation of 
                maintenance facilities;
                    (B) the purchase of locomotives; and
                    (C) operational improvements, including 
                communications, signals, and other systems.
    (b) Financing.--An interstate compact established by States under 
subsection (a) may provide that, in order to carry out the compact, the 
States may--
            (1) accept contributions from a unit of State or local 
        government or a person;
            (2) use any Federal or State funds made available for 
        intercity passenger rail service (except funds made available 
        for the National Railroad Passenger Corporation);
            (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
            (4) obtain financing by other means permitted under Federal 
        or State law.
    (c) Eligible Projects.--Section 133(b) of title 23, United States 
Code, is amended by striking ``and publicly owned intracity or 
intercity bus terminals and facilities'' in paragraph (2) and inserting 
a comma and ``including vehicles and facilities, publicly or privately 
owned, that are used to provide intercity passenger service by bus or 
rail, or a combination of both''.
    (d) Eligibility of Passenger Rail Under Congestion Mitigation and 
Air Quality Improvement Program.--The first sentence of section 149(b) 
of title 23, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4); and
            (3) by adding at the end thereof the following:
            ``(5) if the project or program will have air quality 
        benefits through construction of and operational improvements 
        for intercity passenger rail facilities, operation of intercity 
        passenger rail trains, and acquisition of rolling stock for 
        intercity passenger rail service, except that not more than 50 
        percent of the amount received by a State for a fiscal year 
        under this paragraph may be obligated for operating support.''.
    (e) Eligibility of Passenger Rail as National Highway System 
Project.--Section 103(i) of title 23, United States Code, is amended by 
adding at the end thereof the following:
            ``(14) Construction, reconstruction, and rehabilitation of, 
        and operational improvements for, intercity rail passenger 
        facilities (including facilities owned by the National Railroad 
        Passenger Corporation), operation of intercity rail passenger 
        trains, and acquisition or reconstruction of rolling stock for 
        intercity rail passenger service, except that not more than 50 
        percent of the amount received by a State for a fiscal year 
        under this paragraph may be obligated for operation.''.

SEC. 411. COMPOSITION OF AMTRAK BOARD OF DIRECTORS.

    Section 24302(a) of title 49, United States Code, is amended--
            (1) by striking ``3'' in paragraph (1)(C) and inserting 
        ``4'';
            (2) by striking clauses (i) and (ii) of paragraph (1)(C) 
        and inserting the following:
                            ``(i) one individual selected as a 
                        representative of rail labor in consultation 
                        with affected labor organizations.
                            ``(ii) one chief executive officer of a 
                        State, and one chief executive officer of a 
                        municipality, selected from among the chief 
                        executive officers of State and municipalities 
                        with an interest in rail transportation, each 
                        of whom may select an individual to act as the 
                        officer's representative at board meetings.'';
            (4) striking subparagraphs (D) and (E) of paragraph (1);
            (5) inserting after subparagraph (C) the following:
                    ``(D) 3 individuals appointed by the President of 
                the United States, as follows:
                            ``(i) one individual selected as a 
                        representative of a commuter authority, (as 
                        defined in section 102 of the Regional Rail 
                        Reorganization Act of 1973 (45 U.S.C. 702) that 
                        provides its own commuter rail passenger 
                        transportation or makes a contract with an 
                        operator, in consultation with affected 
                        commuter authorities.
                            ``(ii) one individual with technical 
                        expertise in finance and accounting principles.
                            ``(iii) one individual selected as a 
                        representative of the general public.''; and
            (6) by striking paragraph (6) and inserting the following:
            ``(6) The Secretary may be represented at a meeting of the 
        board only by the Administrator of the Federal Railroad 
        Administration.''.
                                 <all>