Congressional Record, Volume 143 Issue 160 (Thursday, November 13, 1997)

[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10894-H10903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1630
AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997

Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 738) to reform the statutes relating to Amtrak, to
authorize appropriations for Amtrak, and for other purposes, as
amended.
The Clerk read as follows:

S. 738

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
SECTIONS.

(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
amendment 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--Use 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.
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 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. 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.

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;

[[Page H10895]]

(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;
(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 national passenger rail system; and
(B) that system without Federal operating assistance; and
(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:

``Sec. 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 and 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
subsection (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
subsection (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.

(a) Repeal.--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
Transportation.--State and local laws and regulations that
impair the provision 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.

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
relating 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
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) 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
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.''.

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
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) 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

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
Agreement.--
(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 Be Included in
Negotiations.--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--
(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 negotiation 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
organization representing Amtrak employees, 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; 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
enactment 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 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

[[Page H10896]]

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 shall 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.
(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).
(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
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) In General.--Chapter 281 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, in a claim for personal
injury to a passenger, death of a passenger, or damage to
property of a passenger 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 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, any rail carrier, or any State, punitive damages,
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) Mandatory 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
Employers' 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
``(3) the term `rail carrier' includes a person providing
excursion, 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

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 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 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 industry accounting
requirements, including the uniqueness of the industry and of
Surface Transportation Board accounting requirements. The
Department of Transportation, Office of Inspector General,
shall approve the entity's statement of work and the award
and shall oversee the contract. In carrying 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 subsection meets the
requirements of this section.
(b) Assessment Criteria.--The Secretary and Amtrak shall
provide to the independent entity estimates of the financial
requirements 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 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 also shall determine
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.

[[Page H10897]]

(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
transportation, 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 management.
(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.--
(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 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--
(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.
(3) Monitor work-rule savings.--If, after January 1, 1997,
Amtrak 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.

(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 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;
(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.
(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.

SEC. 205. SENATE PROCEDURE FOR CONSIDERATION OF 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
consideration of a liquidation disapproval resolution under
this subsection, then no other liquidation disapproval
resolution originating 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
amendment, except for perfecting amendments.
(5) Motion nondebatable.--A motion to proceed to
consideration of a liquidation disapproval resolution under
this subsection 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 proceed 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 proceed,
without intervening action or debate (except as permitted
under paragraph (9)), to vote on the final disposition
thereof to the exclusion of all amendments not then pending
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.

[[Page H10898]]

(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 disagreement
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
Majority 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
``liquidation 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.
(e) Rules of Senate.--This section is enacted by the
Congress--
(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
documents used to determine the amount of any payment 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(l)(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 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''; 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.''.

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.
(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
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, 247, and 249 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.''.
(b) Amtrak Reform Legislation.--This Act constitutes 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
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 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)(1)(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.

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
subsections (e) through (m) as subsections (b) through (j),
respectively; and
(B) in subsection (j), as so redesignated by subparagraph
(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.

(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 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 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 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
paragraphs (2) through (9), respectively; and
(3) by inserting ``, including a unit of State or local
government,'' after ``means a person'' in paragraph (7), as
so redesignated.

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)
shall take effect at the beginning of the first fiscal year
after a 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

[[Page H10899]]

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 Amtrak
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 Appropriations;
(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 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 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
(4) obtain financing by other means permitted under Federal
or State law.

SEC. 411. BOARD OF DIRECTORS.

(a) Amendment.--Section 24302 is amended to read as
follows:

``Sec. 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
responsibilities.
``(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
appointment 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 Representatives, the majority leader of the Senate,
and the minority leader of the Senate.
``(C) Appointments under subparagraph (A) shall be made
from among individuals who--
``(i) have technical qualification, professional standing,
and demonstrated expertise in the fields of transportation or
corporate or financial management;
``(ii) are not representatives of rail labor or rail
management; 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 therewith; 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 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 Calendar.
``(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
representation), 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
implement 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
bankruptcy 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
RELATIONSHIPS.

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 affiliated with a lobbying firm, as those terms are
defined in section 3 of the 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 enactment of this Act.

SEC. 415. FINANCIAL POWERS.

(a) Capitalization.--(1) Section 24304 is amended to read
as follows:

``Sec. 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 (A) and redesignating subparagraphs (B) through
(L) as subparagraphs (A) through (K), respectively.

[[Page H10900]]

Mr. Speaker, at long last we have an Amtrak reform bill here on the
floor which has strong bipartisan support. It is a bill which has the
reforms in it which are so necessary. It is a bill which provides for
the board, which is the creation of a new board which is constitutional
and which has the degree of independence necessary to make the tough
decisions. It provides for the management to be able to make decisions
with regard to the route configuration. Indeed, it gives Amtrak a
fighting chance to succeed and survive.
Mr. Speaker, I urge all of our colleagues to support this measure.
Mr. Speaker, I move to suspend the rules and pass the bill, S. 738,
as amended.
Mr. Speaker, I rise in support of S. 738, the Amtrak Reform and
Accountability Act of 1997.
Mr. Speaker, I am very pleased that we have been able to reach a
bipartisan agreement on an amendment to S. 738. Over the past 24 hours,
we have been able to reach consensus with our colleagues on the other
side of the aisle on the issue of the Amtrak board of directors. This
amendment will provide Amtrak with the reforms it so badly needs, as
well as release of the $2.3 billion in capital funds that were provided
in the Taxpayer Relief Act.
The amendment adopts the basic principles and reforms of S. 738, the
bill passed by the Senate last Friday by unanimous consent, and makes
limited but important changes that will ensure successful
implementation of long overdue Amtrak reforms.
This amendment contains the labor, liability, and contracting-out
provisions that were included in the Senate bill with no changes.
I am pleased that the reforms in this amendment will allow Amtrak,
for the first time in its 26-year History, to operate more like a
business and cut costs.
On the issue of labor protection, the Senate bill contains a
provision that is almost identical to reforms that were included in the
House bill, H.R. 2247. The provision will repeal the statutory
guarantee that Amtrak provide up to 6 years of labor protection to any
employee who is laid off due to a route elimination or frequency
reduction to below three times per week. This issue would be sent to
collective bargaining, under a 180-day accelerated bargaining process.
The current ban on contracting out any work other than food and
beverage service if it would result in the layoff of a single employee
would also be repealed in the Senate bill. This issue would be sent to
collective bargaining, but would not be negotiable until the next round
of contract negotiations, unless the parties mutually agreed to take it
up before then.

The Senate bill also provides for a global cap of $200 million on
tort liability for death or injury to a passenger, or damage to
property of a passenger. It also includes a requirement that Amtrak
maintain insurance of at least $200 million.
Again, on these important issues . . . labor protection, liability
and contracting out . . . we are accepting the Senate compromise and
making no change to it.
The one significant departure from the Senate bill in this amendment
relates to the board of directors. The House amendment would replace
the existing board with a new, 7-member reform board to be appointed by
the President in consultation with House and Senate majority and
minority leadership. New members would be required to have expertise in
transportation or corporate or financial management.
The purpose of this provision is to provide a fresh start for Amtrak,
and to ensure that only qualified professionals are permitted to serve
on the board of directors. The amendment also allows the President to
select the Secretary of Transportation as a board member. It also
designates the president of Amtrak as an ex-officio, non-voting member
of the board.
Mr. Speaker, these changes to Amtrak's board bill are necessary to
allow the Senate-passed reforms to work.
Mr. Speaker, I believe that the Senate bill as modified by this
amendment provides meaningful reform of Amtrak that will go a long way
toward restoring financial viability and improving rail passenger
service. It will also release the $2.3 billion that was provided in the
Taxpayer Relief Act, allowing Amtrak to make much-needed capital
investments.
I urge a ``yes'' vote on S. 738, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the bill before us represents a compromise on Amtrak
which I urge my colleagues on this side of the aisle to support, and
which I say they can comfortably support. It is a compromise in which
both sides have satisfied their most important objectives. While we
have held divergent views on various aspects of this issue, we have had
a common goal, that is, to ensure the survival of Amtrak. If we do not
pass reform legislation before the end of the session, Amtrak's future
will be in doubt.
Passage of this reform legislation is necessary for Amtrak to gain
access to $2.3 billion for capital improvements made available by the
tax reform bill. Equally important, in December Amtrak must go to its
bankers for renewal of a line of credit which it needs to meet its
daily operating expenses. If the bankers should learn that the $2.3
billion capital funding is still in doubt, they may be unwilling to
renew the line of credit.
Our common goal of ensuring the survival of Amtrak could have been
achieved earlier. We had differences. We have worked out those
differences.
Our Republican colleagues on the committee wanted changes in the
constitution of the board of Amtrak directors. We have accommodated
those changes. We have worked them out. We reached agreement on a
process for reforming the board of directors. Under this process, the
directors will be appointed in a manner which is fair to the men and
women of the Amtrak work force and which is fair to the American public
which owns Amtrak through the Department of Transportation.
The manner of selecting the board preserves the constitutional
authority of the President and of the Congress. In addition, we have
developed a selection process that ensures that there will be an
orderly transition; specifically, that the old board will not be
terminated until the new board is ready to assume its responsibilities.
The compromise also assures that the Secretary of Transportation who
represents the public as owner of Amtrak may, I emphasize may, continue
to serve on the board, and that the president of Amtrak will continue
to participate in the board process, but not as a voting member.
Mr. Speaker, I want to emphasize that accepting this compromise does
not mean that on my part I am dissatisfied in any way with the existing
board. In my opinion, they have done an outstanding job of guiding
Amtrak to make the best possible business decisions with limited
resources available. I especially commend the board for their
negotiations with the BMWE which produced an agreement which is fair to
workers and protects Amtracks financial interests.
The bill does not prohibit the President from reappointing any member
of the existing board to the new board. That possibility remains open.
In fact, I believe that reappointment of some members would have the
desirable effect of ensuring continuity.
Under the bill before us, Amtrak would have a board of 7 Members
appointed by the President and confirmed by the Senate. In making the
selections, the President would consult with the majority and minority
leadership of the House and the Senate. However, neither the majority
nor the minority would have the right to exclusive consultation for any
specific seat or number of seats. The board Members will be individuals
with technical qualifications, professional standing, and demonstrated
expertise in transportation or corporate or financial management, and
the president, as I said a moment ago, would be a nonvoting member of
the board.
Mr. Speaker, adopting this bill will end the uncertainty that has
clouded Amtrak's future for the past 3 years. Amtrak will get the
capital it needs to modernize. It will be able to continue playing its
vital role in our national transportation system.
Mr. Speaker, it has been a long and difficult journey, but we have
reached a point where we can see the end of the journey. I want to
thank my colleague, the gentleman from Pennsylvania [Mr. Shuster], the
chairman of our committee, for sticking with it and for working with us
to achieve an acceptable outcome.
Mr. Speaker, I reserve the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
South Dakota [Mr. Thune].
Mr. THUNE. Mr. Speaker, I thank the gentleman for yielding, and I
also want to thank him for helping correct a shortcoming in the Senate
bill that emerged from there with respect to

[[Page H10901]]

those States that are not currently served by Amtrak. There was a
provision in the Senate bill which has been corrected over here, and I
appreciate the chairman's help in correcting that, which would allow
those States who are not currently served by Amtrak to also be able to
access the $2.3 billion, and there has been a set-aside of 1 percent.
I would further add that we had prepared an amendment at one point
that would address that and allow those States that are not served by
Amtrak to find some uses for the funds that have been set aside, and I
would appreciate the chairman of the Committee on Transportation and
Infrastructure as well as the chairman of the House Committee on Ways
and Means to work with me to find a method in which we can address that
shortcoming in this particular bill. I look forward to doing that, and
I thank the distinguished chairman for yielding.
Mr. SHUSTER. Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield such time as he may consume to the
gentleman from West Virginia [Mr. Wise].
Mr. WISE. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, this is a very good moment, a very good day, and there
are a lot of thanks to go around, obviously to the gentleman from
Pennsylvania [Mr. Shuster] for bringing this bill to the floor and for
his efforts to reach a compromise. A lot of discussions have taken
place over the last 24 hours, certainly thanks go to the ranking
member, the gentleman from Minnesota [Mr. Oberstar], who has steered
our side and held us firm and has had his hand firmly on the throttle
as we moved forward.
I also think some thanks are due to a lot of Members, too many to
name, but Republican and Democrat alike, on and off the Committee on
Transportation and Infrastructure, who worked very hard on this. Thanks
go to the gentleman from New York [Mr. Solomon], the chairman of the
Committee on Rules, who has made sure and stressed continually the need
to do something about Amtrak.
I would also like to recognize the board of directors of Amtrak, the
present board of directors, who have worked tirelessly not only in
resolving labor matters prior to this, but also in working to fashion
this bill and to make sure that we were aware of all of the
ramifications of our decision. I would particularly like to thank our
former colleague, the Governor of Delaware, Tom Carper, who has been
constantly on the phone, constantly working as a member of the board,
but also one very devoted to making sure Amtrak not only survives but
thrives. Also, of course, the Secretary of Transportation, Rodney
Slater, who has been very active as well.
Mr. Speaker, this is a compromise, and yesterday when we were here on
the floor, I was perhaps most vocal in saying that if something was not
done within the next 24 hours the chance was that Amtrak would not
survive as we know it and that Congress had to act before Congress goes
home tonight or tomorrow.
The good news is that this compromise has been achieved because of
the good efforts of everyone involved, Republican and Democrat alike,
as well as the administration. It deals with the previously
controversial areas of legal liability for Amtrak. People came to the
table and reached agreement. We have resolved issues dealing with
labor, and labor has put on the table and management has put on the
table certain compromises and concessions which have been made. And it
deals with the controversial area of the new board of directors.
So all of the controversial areas have been worked out: the legal
liability of Amtrak, labor issues, and the new board of directors.
What does this compromise permit to happen now? Most significantly,
passage of this bill means that Amtrak, in December, can go to the
banks with a new authorization and able to extend their line of credit
to continue operating and to become viable. More significantly than
that, passage of this reform legislation means that Amtrak can begin
drawing down $2.3 billion worth of capital for capital investment
purposes, for instance, improving the new high-speed corridor in the
Northeast and buying high-speed locomotives.
So what Amtrak can do is, A, extend its line of credit and, B, begin
drawing down $2.3 billion for capital investment. Now Amtrak begins
restructuring itself, and hopefully to become the viable instrument
that we all want.
The good news is that whether one rides the Metroliner, the Cardinal
or the Capital Limited in West Virginia, the Texas Eagle or wherever,
all of these lines now have a future and have a much better promise
ahead of them than what existed prior to this Congress acting. Amtrak
now has a future, and it is because of the hard work of a lot of the
men and women in this body on both sides of the aisle.
Mr. Speaker, I thank my colleagues for the efforts that have been
made, and I urge quick passage of this bill.
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent to add a technical
modification on page 25, line 14, before the word ``(A) date'' add the
word ``the.''
The SPEAKER pro tempore. Without objection, the original motion is
withdrawn, and the gentleman from Pennsylvania is recognized for a new
motion.
There was no objection.
The SHUSTER. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 738) to reform the statutes relating to Amtrak, to
authorize appropriations for Amtrak, and for other purposes, as
amended.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. For the information of the Members, the
Clerk will report the modification of the motion.
The Clerk read as follows:

Page 25, line 14 of the proposed amendment, insert ``(A)
the'' before ``date.''

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Shuster] and the gentleman from Minnesota [Mr.
Oberstar] each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Shuster].
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Delaware [Mr. Castle].
Mr. CASTLE. Mr. Speaker, I thank the gentleman for yielding me this
time.
I congratulate all who had anything to do with putting this together,
particularly the gentleman from Pennsylvania [Mr. Shuster] Just 24
hours ago, it was very dark as far as the future of Amtrak was
concerned, and a lot of us were pleading to sit down and see if this
could be worked out.
A lot of individuals undertook to do that, and that is in the best
interests of this country. We have resolved the problems of the labor
issues, the problems of the legal liability issues, the problems of the
board issues that were so important. Hopefully now, with the release of
the capital improvement money as well as what we are doing in this
reauthorization, Amtrak can become self-sufficient once and for all by
the year 2002.
We must improve passenger rail service. We are at the heart of it in
Wilmington, DE. It is of vital importance to us. Our Governor is very
involved, is on this board. But I think we have an obligation to make
passenger rail service in the United States of America as great as our
highway system is, our air system, which is the greatest in the world.
It is going to take a lot of work to do it, but we have set the stage
so that that can be done. So everybody that had anything to do with the
resolution of this, I thank my colleagues and the country thanks to
you, and we will see the benefit that will come from it.
Mr. OBERSTAR. Mr. Speaker, I yield 2 minutes to the gentleman from
Maryland [Mr. Cardin].
Mr. CARDIN. Mr. Speaker, let me thank my friend, the gentleman from
Minnesota [Mr. Oberstar], for yielding me this time, and really
congratulate the gentleman from Pennsylvania [Mr. Shuster] and the
ranking member for bringing this legislation forward.
As the gentleman from Delaware [Mr. Castle] pointed out, this has
been a tough battle. We have had differences as to what the reform
should look like and what should be included in it, and at jeopardy was
the life of Amtrak. It has been a pleasure to work with my colleague,
the gentleman from Delaware [Mr. Castle] on the legislation

[[Page H10902]]

initially to provide for the authorization for the $2.3 billion, and to
work with the committee.
At stake in the passage of this bill literally is the light passenger
rail service in the United States. That is important to all regions of
this country. In the Northeast we are particularly concerned about the
high-speed rail and the implementation of high-speed rail. This
legislation provides for the necessary reform of Amtrak.
The chairman of the committee, the gentleman from Pennsylvania, [Mr.
Shuster], and the ranking member, the gentleman from Minnesota [Mr.
Oberstar], have negotiated very well with the other body, with the
administration, and have now brought forward legislation that can pass
both bodies and be signed by the President. That is a major
accomplishments and one just 24 hours ago many of us thought would not
be possible.
I really want to applaud the efforts of all involved. We are now at
the threshold really of providing the congressional program so that
Amtrak can move into the next century, they can be an efficient
passenger rail service for our Nation, providing a service that is
critical to all regions of our Nation, and I urge my colleagues to
support this legislation.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from New
York [Mr. Solomon], the distinguished chairman of the Committee on
Rules.

{time} 1645

Mr. SOLOMON. Mr. Speaker, I thank the gentleman for yielding me the
time.
Mr. Speaker, I just want to say, when people really put their feet to
the grindstone, we get things done. I just want to commend the
chairman, the gentleman from Pennsylvania [Mr. Shuster], and the
ranking member, the gentleman from Minnesota [Mr. Oberstar], and the
gentleman from West Virginia [Mr. Wise], because had the pressure not
been kept on, we would not have saved Amtrak.
Amtrak will be saved by this legislation, in my opinion. It means so
much to my district in the Hudson Valley. I just truly want to thank
the gentlemen, because if they had not persevered, it would not have
happened. I thank the gentlemen so much.
Mr. OBERSTAR. Mr. Speaker, I yield 2 minutes to the gentleman from
New York [Mr. Nadler].
Mr. NADLER. Mr. Speaker, I rise today to support the Amtrak
authorization legislation before us. This is not the be all and end all
that will save intercity passenger rail as we know it forever, but it
does save Amtrak at least for the time being.
This legislation allows $2.3 billion that was previously appropriated
to be invested in Amtrak. That money is vital for Amtrak's survival. I
am especially pleased that a conclusion has been reached to this
impasse on this legislation, since my district contains Penn Station in
New York City, the largest Amtrak station in this country.
Amtrak is not only vital to intercity passengers, it is also the
tracks in the Northeast corridor which carry commuter trains into New
York City. These commuter trains bring millions of people into and out
of New York City and Philadelphia and other cities in the Northeast
corridor every day. Without adequate funding, the daily operation and
safety of these tracks could come into question.
Additionally, Amtrak employs over 20,000 people. It would have been
shameful to allow these hardworking men and women to lose their jobs
when $2.3 billion was waiting for them just on the other side of the
tracks, or just on the other side of the impasse over this legislation.
These tracks will be crossed today, and Amtrak, its employees, and,
most of all, the passengers will benefit from our action.
Mr. Speaker, this is good legislation for now. But I must say, I do
not approve of the fundamental direction we are heading in, in which we
say Amtrak must be self-supporting or else. I do believe that
fundamental infrastructure such as passenger rail may need and should
get government subsidy and government operating subsidies.
That is not being done now under this legislation, and it is not in
the cards politically in the near future, but I do believe that
eventually we will come back to it, because we must maintain a national
rail network, a national passenger rail network, not simply on
corridors which can be made profitable; we must preserve service and
increase service all over the country.
For now, this is good legislation. I commend those who have
participated in drafting it and on reaching agreement on it. I would
urge all Members of this body to support this bill today.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I appreciate the kind words of the chairman of the
Committee on Rules and thank him for his support in helping us move
this legislation forward and in crafting rules that indeed were fair
and moved the process along.
I would like to just add a footnote to the comment of my colleague,
the gentleman from New York. While I respect his view, the objective of
this legislation and what has moved us in this direction is a fervent
hope that we will, through this legislation, move Amtrak to self-
sufficiency, not dependence on public subsidy. That is, I think, an
underlying element that has made possible these compromises.
Mr. Speaker, again, I want to thank the gentleman from Pennsylvania
[Mr. Shuster] for his perseverance, for the good fellowship and
cooperation, and the frankness and fairness of our discussions, and for
the result that we can all celebrate this afternoon.
Mr. Speaker, I yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I certainly want to congratulate and recognize my
colleague, the gentleman from Minnesota [Mr. Oberstar], as well as the
gentleman from West Virginia [Mr. Wise], and all the members of our
committee who have worked so hard on this very complicated issue. The
employees of Amtrak, the management of Amtrak, Secretary Slater, the
administration, the other body, I think there is plenty of credit to go
around for working our way through this very difficult issue.
I think we particularly should recognize the absolutely extraordinary
job our staff has done, Glenn Scammel, Alice Tornquist, Jack Wells,
Trinita Brown, Debby Hersman, really putting in unbelievable hours, as
well as tremendous competence to make this all possible.
Mr. Speaker, today the House of Representatives and the Senate took a
major step forward in ensuring that passenger rail service in this
country has an opportunity to survive. By passing an amendment to S.
738, the ``Amtrak Reform and Accountability Act of 1997'' and
forwarding it to the President, Congress is creating an atmosphere in
which Amtrak, its employees and its passengers have an opportunity to
make Amtrak succeed and work in a more businesslike manner.
Several questions have arisen in recent days over the impact that S.
738 would have on the $2.3 billion that was made available in the
Taxpayer Relief Act of 1997 and over the effect of certain limitations
that Act could have on non-Amtrak States.
My colleague on the Transportation and Infrastructure Committee,
Congressman John Thune of South Dakota, has been at the forefront on
the issue of potential impacts of both the Amtrak reform bill and the
Taxpayer Relief Act on non-Amtrak States. For example, he has
previously pointed out that the Taxpayer Relief Act, while setting
aside some funds for surface transportation improvements in non-Amtrak
States, does so in a way that might not give those States the
flexibility they need. Mr. Thune and Ways and Means Committee Chairman
Archer have stated their intent to work together to address Mr. Thune's
concerns as that committee considers appropriate tax legislation in
1998.
Another issue potentially affecting the non-Amtrak States arose in
the context of House deliberation on the Senate-passed version of S.
738. Section 209 of that bill included language that was intended to
assure that the $2.3 billion would not be used for purposes not
envisioned in the Taxpayer Relief Act. However, section 209 was
inadvertently written a way that could have been interpreted as
shutting off funds to non-Amtrak States. In the final stages of
negotiating the House amendment to S. 738, and with the technical
assistance of the Ways and Means Committee and the Senate Finance
Committee, we were able to include an amendment to clarify that non-
Amtrak States will indeed be able to use funds made available for them
in the Taxpayer Relief Act. Once again, Congressman Thune's effort in
securing this clarification was instrumental in assuring that South
Dakota and other non-Amtrak States will get their fair share of the
Amtrak funds.

[[Page H10903]]

We have assured that the Amtrak reform bill will not jeopardize
funding being made available to South Dakota and other non-Amtrak
States. Furthermore, the groundwork has been laid for addressing use of
the $2.3 billion in subsequent legislation. I commend Congressman
Thune's dedication and leadership in both instances in addressing the
transportation concerns of non-Amtrak States.
Mr. THUNE. Mr. Speaker, I would like just a few minutes to address
concerns I have as the lone representative from the State of South
Dakota. South Dakota is one of six States that do not have intercity
rail passenger service. As a result, I drafted an amendment to H.R.
2247, the Amtrak Reform and Privatization Act of 1997. I worked closely
with the Gentleman from Pennsylvania, Mr. Shuster, on the legislation
that would have amended a provision contained in the Taxpayer Relief
Act of 1997. I worked with my colleagues from other States not served
by Amtrak, including Alaska, Hawaii, Maine, Oklahoma, and Wyoming.
The amendment, though very narrow in scope, ran into jurisdictional
concerns. Although it deals directly with transportation needs, the
amendment actually makes a correction to the Taxpayer Relief Act of
1997 relating to tax refunds for the National Railroad Passenger
Corporation [Amtrak].
Put simply, the tax provision would provide Amtrak with access to
$2.3 billion, contingent upon passage of the bill before us today. In
addition to money for Amtrak, the law also would set aside a portion of
the fund for non-Amtrak States. Unfortunately, the law apparently
allows such States to use the funds for very limited purposes, such as
intercity passenger rail service and for intercity bus services.
My State, the State of South Dakota, presently does not have
intercity passenger rail service and has not for some time. And while I
am certain the State would find a way to put available funds to use for
intercity bus service that is privately financed and privately
operated, it may not make for the best use for those funds. That is why
I presented an amendment to the Rules Committee on October 21, 1997,
that would give non-Amtrak States more flexibility to use those funds.
The amendment specifically would provide flexibility to non-Amtrak
States to use the funds for transportation priorities such as state-
owned rail operations, rural transit and transit services for the
elderly and disabled, and highway rail grade crossings projects.
While I appreciate the cooperation and work of the Chairman of the
Committee on Ways and Means, the Gentleman from Texas, has concerns
regarding authorizing jurisdiction of the amendment that could not be
overcome. Those concerns and his willingness to work with me to address
the non-Amtrak State issue in the context of a revenue measure were
addressed in his letter to me dated October 21, 1997. I look forward to
that opportunity.
For States that do not have rail passenger service, each of these
transportation needs would be legitimate alternatives. The amendment
represents sound, common sense policy that simply allows non-Amtrak
States to make the best, most worthwhile use of the funds provided for
transportation needs.
My colleagues in the House and the taxpayers of this Nation should
have every assurance that the funds provided to non-Amtrak States will
address important transportation links in each state.
For instance, the State of South Dakota owns over 600 miles of rail
lines. The State purchased these lines in the early 1980's in an effort
to ensure our State would continue to have access to reliable freight
rail services. It is absolutely vital to maintain the farm-to-market
transportation system in my State and to other States.
Likewise, we have acute transit needs, particularly in the area of
transit services for the disabled, and rural transit services. In South
Dakota, the Section 5311 transit program, which helps fund rural
transit services, connects our seniors, disabled individuals, and
children, in 42 of the 66 counties from rural locations to nearby
communities for day-to-day living needs. The 5310 program supplements
these needs by targeting its assistance at seniors and disabled
individuals.
The amendment finally addresses an important safety concern. As my
colleagues know, constructing and maintaining rail grade crossings are
an important but often expensive safety priority. At present, only 219
of 2025 crossings are signalized in the State of South Dakota. For the
sake of the railroads and motorists alike, the State and those
traveling through our State would benefit greatly from additional
assistance to improve highway/rail grade safety crossing.
I should also mention that I explored aid to rural air facilities and
service. unfortunately, air service to South Dakota too often hangs
precariously. There is little competition for commercial service but a
significant demand. This situation unfortunately leads to high ticket
prices and limited service. I hope to wrap aviation needs into the
context of my amendment in the future. Doing so would be consistent
with the spirit of the program, which is to give non-Amtrak States more
options to address interstate transportation needs.
The amendment in sum helps non-Amtrak States maintain rail safety,
transit for the elderly and disabled as well as the general public, and
finally important freight rail needs. At the same time, it takes
nothing from Amtrak, States served by Amtrak, or non-Amtrak States that
would like to attract Amtrak service in the future.
Again, I thank the Chairman of the Transportation and Infrastructure
Committee and the Committee on Ways and Means for their assistance and
I look forward to continuing to work with them on this matter.
Mr. SHUSTER. Mr. Speaker, I urge the passage of this bill, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Snowbarger). The question is on the
motion offered by the gentleman from Pennsylvania [Mr. Shuster] that
the House suspend the rules and pass the Senate bill, S. 738, as
amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.

____________________