[House Report 105-400]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-400
_______________________________________________________________________


 
     PROVIDING FOR THE CONSIDERATION OF S. 738, AMTRAK REFORM AND 
                             AUTHORIZATION

                                _______
                                

  November 9, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


 Mr. Diaz-Balart, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 319]

    The Committee on Rules, having had under consideration 
House Resolution 319, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of S. 738, 
``Amtrak Reform and Authorization'' which shall be considered 
as read, and provides that the amendment printed in this report 
shall be considered as adopted. The rule also waives all points 
of order against the bill as amended.
    The rule provides for one hour of debate equally divided 
and controlled between the chairman and ranking minority member 
of the Committee on Transportation and Infrastructure. Finally, 
the rule provides one motion to commit with or without 
instructions.

                            committee votes

    Pursuant to clause 2(l)(2)((B) of House Rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

Rules Committee Rollcall No. 79

    Date: November 9, 1997.
    Measure: S. 738, Amtrak Reform and Authorization.
    Motion by: Mr. Moakley.
    Summary of motion: Make in order an amendment in the nature 
of a substitute to the rule, which would make in order an 
amendment by Representative Shuster and a motion to recommit 
with or without instructions.
    Results: Defeated 3-8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; McInnis--Nay; Hastings--Nay; Myrick--Nay; 
Moakley--Yea; Frost--Yea; Slaughter--Yea; Solomon--Nay.

Rules Committee Rollcall No. 80

    Date: November 9, 1997.
    Measure: S. 738, Amtrak Reform and Authorization.
    Motion by: Mr. Goss.
    Summary of motion: Order the rule reported.
    Results: Adopted 8-3.
    Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; McInnis--Yea; Hastings--Yea; Myrick--Yea; 
Moakley--Nay; Frost--Nay; Slaughter--Nay; Solomon--Yea.

             amendment considered as adopted under the rule

  Strike all after the enacting clause and insert in lieu 
thereof the following:

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;
          (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 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.
          (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.
          (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 liquidationdisapproval 
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 inserting ``, and any passenger or other 
        customer of Amtrak or such subsidiary,'' after 
        ``subsidiary of Amtrak'';
          (2) by striking ``or fee imposed'' and all that 
        follows through ``levied on it'' and inserting in lieu 
        thereof ``, fee, head charge, or other charge, imposed 
        or levied by a State, political subdivision, or local 
        taxing authority, directly or indirectly on Amtrak or 
        on persons traveling in intercity rail passenger 
        transportation or on mail or express transportation 
        provided by Amtrak or a rail carrier subsidiary of 
        Amtrak, 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 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.

  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.''.

                        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 60 
        days after the date of the enactment of the Amtrak 
        Reform and Accountability Act of 1997, or as soon 
        thereafter as such Board is sufficiently constituted to 
        function as a board of directors under applicable 
        corporate law. Such Board shall adopt new bylaws, 
        including procedures for the selection ofmembers of the 
Board of Directors under subsection (b) which provide for employee 
representation.
          ``(2) Membership.--(A) The Reform Board shall consist 
        of 7 members appointed by the President, by and with 
        the advice and consent of the Senate for a term of 5 
        years.
          ``(B) In selecting individuals for nominations for 
        appointments to the Reform Board, the President should 
        consult with--
                  ``(i) the Speaker of the House of 
                Representatives concerning the appointment of 
                two members;
                  ``(ii) the minority leader of the House of 
                Representatives concerning the appointment of 
                one member;
                  ``(iii) the majority leader of the Senate 
                concerning the appointment of two members; and
                  ``(iv) the minority leader of the Senate 
                concerning the appointment of one member.
          ``(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 individuals selected 
                pursuant to subparagraph (B), are not employees 
                of Amtrak or of the United States.
  ``(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, 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 of this 
Act for a fiscal year after fiscal year 1998 shall cease to be 
effective.

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.