[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12683-S12689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997

  Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 738) to 
reform the statutes relating to Amtrak, to authorize appropriations for 
Amtrak, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:
       Resolved, That the bill from the Senate (S. 738) entitled 
     ``An Act to reform the statutes relating to Amtrak, to 
     authorize appropriations for Amtrak, and for other 
     purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     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.

[[Page S12684]]

       (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;
       (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--

[[Page S12685]]

       (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 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;

[[Page S12686]]

       ``(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.
       (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,


[[Page S12687]]


     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.
       (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

[[Page S12688]]

     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 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

[[Page S12689]]

     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.

  Mr. LOTT. I move that the Senate concur in the House amendment.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.

                          ____________________