[House Report 119-144]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-144
======================================================================
AMTRAK TRANSPARENCY AND ACCOUNTABILITY FOR PASSENGERS AND TAXPAYERS ACT
_______
June 6, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 188]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 188) to require that the Amtrak
Board of Directors comply with the open meetings requirements
of section 552b of title 5, United States Code, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 4
Committee Oversight Findings and Recommendations................. 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 8
Duplication of Federal Programs.................................. 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amtrak Transparency and Accountability
for Passengers and Taxpayers Act''.
SEC. 2. OPEN MEETINGS.
Section 24301(e) of title 49, United States Code, is amended--
(1) by striking ``Section 552 of title 5, this part'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (3),
section 552 of title 5 and the open meetings requirements of
section 552b of such title, this part'';
(2) in the second sentence by striking ``Section 552 of title
5, United States Code, applies'' and inserting the following:
``(2) Timing of application.--Except as provided in paragraph
(3), sections 552 and 552b of title 5 apply''; and
(3) by adding at the end the following:
``(3) Scope of application.--
``(A) Information.--The requirements of the second
sentence of section 552b(b) of title 5 shall not apply
to any portion of an Amtrak meeting and subsections (d)
and (e) of section 552b of title 5 shall not apply to
any information pertaining to any portion of an Amtrak
meeting otherwise required by section 552b of title 5
to be disclosed to the public in any case in which
Amtrak properly determines that such portion or
portions of the meeting or the disclosure of such
information is likely to involve--
``(i) contract negotiations, including
negotiations for procurements and agreements
that may result in a contract, the disclosure
of which would imperil or compromise the
competitive position of Amtrak;
``(ii) collective bargaining agreements or
any terms and conditions that are proposed for
inclusion in any collective bargaining
agreement, including the negotiation of terms
and conditions with employees or
representatives of employees of Amtrak;
``(iii) with respect to any individual who is
a prospective officer, employee, or contractor
or an officer, employee, or contractor employed
or appointed by Amtrak, matters involving the
employment, appointment, termination of
employment, terms and conditions of employment,
evaluation of the performance of, promotion or
disciplining of any such individual, unless all
such individuals whose rights could be
adversely affected request in writing that the
matter or matters be discussed at a public
meeting; or
``(iv) confidential commercial information.
``(B) Additional application.--In addition to the
information described in subparagraph (B), the
information described in section 552b(c) shall apply to
Amtrak meetings.
``(4) Rule of construction.--Nothing in this subsection shall
be construed to--
``(A) require Amtrak to disclose information that
could put the safety of Amtrak customers or employees
at risk; or
``(B) prevent Amtrak from taking any action otherwise
necessary to--
``(i) comply with law;
``(ii) honor existing contracts or legally
binding agreements; or
``(iii) carry out normal business activities
consistent with the statutory mission and goals
of Amtrak.''.
Purpose of Legislation
The purpose of H.R. 188, as amended, is to require that the
Amtrak Board of Directors comply with the open meetings
requirements of section 552b of title 5, United States Code,
and for other purposes.
Background and Need for Legislation
The Government in the Sunshine Act [hereinafter ``Sunshine
Act''] was enacted to build on previous initiatives to open the
government's decision-making process to the public.\1\ The goal
of the Sunshine Act is to address public feelings that decision
making and decision makers are often incompetent, corrupt,
inefficient, or otherwise not in the public's interest.\2\ In
providing greater transparency, the public would have the
opportunity to judge the integrity, competence, and dedication
of agency officials.\3\ It could also increase the quality of
agency work.\4\
---------------------------------------------------------------------------
\1\The Gov't in the Sunshine Act, Pub. L. 94-409, 90 Stat. 1241 at
Sec. 2. Codified at 5 U.S.C. Sec. 552b.
\2\The Gov't in the Sunshine Act, Report No. 94-354 at 4.
\3\Id.
\4\Id. at 5.
---------------------------------------------------------------------------
Under the Sunshine Act, meetings of certain Federal
agencies or Federally controlled entities shall be open to
public observation. There are ten enumerated exemptions to open
meeting requirements. Should members of the agency ``properly
determine'' that the meetings or portions of the meetings fall
under one of the exemptions, they may vote to close the
meeting, but shall provide a transcription, recording of
minutes of the closed meeting except for those portions dealing
with the exemptions.\5\
---------------------------------------------------------------------------
\5\Administrative Conference of the United States, Information
Interagency Bulletin No. 017, available at https://www.acus.gov/sites/
default/files/documents/17%20Government%20in%20the
%20Sunshine%20Act%20Basics.pdf.
---------------------------------------------------------------------------
Generally, the Sunshine Act defines a covered ``agency'' to
include executive departments, Government corporations,
Government controlled corporations, and independent regulatory
agency, among others.\6\ The law applies open meetings
requirements to agencies headed by a collegial body, a majority
of whom are appointed by the President with the advice and
consent of the Senate.\7\
---------------------------------------------------------------------------
\6\5 U.S.C. Sec. 552(f)(1).
\7\5 U.S.C. Sec. 522b(a)(1).
---------------------------------------------------------------------------
While the law establishing Amtrak structured it as a
private company and states it ``will not be an agency or
establishment of the United States Government,''\8\ today all
voting members of its Board of Directors are nominated by the
President and confirmed by the Senate.\9\ In addition, Congress
has applied the Freedom of Information Act to Amtrak.\10\
---------------------------------------------------------------------------
\8\Rail Passenger Service Act of 1970, Pub. L. 91-518, 84 Stat.
1330 at Sec. 301.
\9\49 U.S.C. Sec. 24302(a)(1)(c).
\10\Pub. L. No. 92-316, 86 Stat. 228.
---------------------------------------------------------------------------
As the recipient of significant Federal funding, there has
been growing Congressional and public interest in Amtrak
decision making. H.R. 188 applies the open meetings
requirements of the Sunshine Act to meetings of Amtrak's Board
of Directors with certain clarifying language that Amtrak may
hold closed meetings to discuss contract negotiations that the
disclosure of which may imperil or compromise the competitive
position of Amtrak, matters related to collective bargaining,
individual employment status, and confidential business
information. The bill also protects the disclosure of
information that may imperil the safety of Amtrak employees and
passengers or require Amtrak to take any action that may
prevent it from complying with the law, honoring existing
contracts or legally binding agreements, or carrying out normal
business activities consistent with the statutory mission and
goals of Amtrak. H.R. 188 would improve public transparency of
Amtrak Board of Directors decision making.
Legislative History and Consideration
H.R. 188, the Amtrak Transparency and Accountability for
Passengers and Taxpayers Act, was introduced in the United
States House of Representatives on January 3, 2025, by Mr.
Nehls of Texas, with Mr. Graves of Missouri as an original
cosponsor, and was referred to the Committee on Transportation
and Infrastructure. Within the Committee on Transportation and
Infrastructure, H.R. 188 was referred to the Subcommittee on
Railroads, Pipelines, and Hazardous Materials. The Subcommittee
on Railroads, Pipelines, and Hazardous Materials was discharged
from further consideration of H.R. 188 on April 2, 2025.
The Committee considered H.R. 188 on April 2, 2025, and
ordered the measure to be reported to the House with a
favorable recommendation, with amendment, by voice vote.
An Amendment to H.R. 188, offered by Ms. Titus of Nevada
(Titus 007): Page 2, line 4, strike ``sections 552 and 552b of
title 5'' and insert ``section 552 of title 5 and the open
meetings requirements of section 552b of such title.'' Page 3,
beginning on line 2, strike ``negotiations for contract
procurements and agreements'' and insert ``negotiations for
procurements and agreements that may result in a contract.''
Page 3, line 12, strike ``and.'' Page 3, line 25, strike the
period and insert ``; or.'' Page 3, after line 25, insert the
following: ``(iv) confidential commercial information.'' Page
4, line 4, strike the closing quotation marks and the second
period. Page 4, after line 4, insert the following: ``(4) RULE
OF CONSTRUCTION.''--Nothing in this subsection shall be
construed to--(A) require Amtrak to disclose information that
could put the safety of Amtrak customers or employees at risk;
or (B) prevent Amtrak from taking any action otherwise
necessary to--(i) comply with law; (ii) honor existing
contracts or legally binding agreements; or (iii) carry out
normal business activities consistent with the statutory
mission and goals of Amtrak.''; was AGREED TO by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested for H.R. 188.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 188, as amended,
from the Director of the Congressional Budget Office:
Legislation Considered Under Suspension of the Rules
The Majority Leader of the House of Representatives
announces bills that will be considered under suspension of the
rules in that chamber. Under suspension, floor debate is
limited, all floor amendments are prohibited, points of order
against the bill are waived, and final passage requires a two-
thirds majority vote.
At the request of the Majority Leader and the House
Committee on the Budget, CBO estimates the effects of those
bills on direct spending and revenues. CBO has limited time to
review the legislation before consideration. Although it is
possible in most cases to determine whether the legislation
would affect direct spending or revenues, time may be
insufficient to estimate the magnitude of those effects. If CBO
has prepared estimates for similar or identical legislation, a
more detailed assessment of budgetary effects, including
effects on spending subject to appropriation, may be included.
Effects on Direct Spending and Revenues of Legislation Considered Under Suspension of the Rules in the House of Representatives
Week of June 9, 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional
information on Suspension bill
Bill number Title Effect on direct Effect on revenues direct spending Link to published text at
spending and revenue estimates docs.house.gov
effects
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 188........................ Amtrak None.............. None.............. .................. https:// https://
Transparency and www.cbo.gov/ docs.house.gov/
Accountability publication/61031. billsthisweek/
for Passengers 20250609/
and Taxpayers h188_rh_xml.pdf
Act, as amended.
H.R. 248........................ Baby Changing on None.............. None.............. .................. https:// https://
Board Act. www.cbo.gov/ docs.house.gov/
publication/61462. billsthisweek/
20250609/
h248_rh_xml.pdf
H.R. 252........................ Secure Our Ports None.............. None.............. .................. .................. https://
Act, as amended. docs.house.gov/
billsthisweek/
20250609/
h252_rh_xml.pdf
H.R. 1182....................... Compressed Gas None.............. None.............. .................. https:// https://
Cylinder Safety www.cbo.gov/ docs.house.gov/
and Oversight publication/61275. billsthisweek/
Improvements Act 20250609/
of 2025. H1182_RH_xml.pdf
H.R. 1373....................... Tennessee Valley None.............. None.............. .................. .................. https://
Authority docs.house.gov/
Transparency Act billsthisweek/
of 2025, as 20250609/
amended. H1373_RH_xml.pdf
H.R. 1948....................... To authorize the Reduce by Less None.............. .................. https:// https://
International Than $500K. www.cbo.gov/ docs.house.gov/
Boundary and publication/61358. billsthisweek/
Water Commission 20250609/
to accept funds h1948_rh_xml.pdf
for activities
relating to
wastewater
treatment and
flood control
works, and for
other purposes.
H.R. 2035....................... American Cargo for Increase by Less None.............. .................. .................. https://
American Ships Than $500K. docs.house.gov/
Act. billsthisweek/
20250609/
H2035_RH_xml.pdf
H.R. 2351....................... To direct the None.............. None.............. .................. https:// https://
Commandant of the www.cbo.gov/ docs.house.gov/
Coast Guard to publication/61446. billsthisweek/
update the policy 20250609/
of the Coast h2351_rh_xml[1].p
Guard regarding df
the use of
medication to
treat drug
overdose, and for
other purposes.
H.R. 2390....................... Maritime Supply None.............. None.............. .................. https:// https://
Chain Security www.cbo.gov/ docs.house.gov/
Act. publication/61437. billsthisweek/
20250609/
h2390_rh_xml.pdf
H. Res. 137..................... Designating the None.............. None.............. .................. .................. https://
House Press docs.house.gov/
Gallery (Rooms H- billsthisweek/
315, H-316, H- 20250609/
317, H-318, and H- HR137_RH_xml.pdf
319 of the United
States Capitol)
as the
``Frederick
Douglass Press
Gallery'', as
amended.
H. Res. _....................... Denouncing the None.............. None.............. .................. .................. https://
antisemitic docs.house.gov/
terrorist attack billsthisweek/
in Boulder, 20250609/
Colorado. H%20Res%20_%20(Ev
ans).pdf
H. Res. _....................... Condemning the None.............. None.............. .................. .................. https://
rise in docs.house.gov/
ideologically billsthisweek/
motivated attacks 20250609/
on Jewish H%20Res%20_%20
individuals in (Van%20Drew).pdf
the United
States, including
the recent
violent assault
in Boulder,
Colorado, and
reaffirming the
House of
Representatives
commitment to
combating
antisemitism and
politically
motivated
violence.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Congressional Budget Office
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation is to
apply the Sunshine Act to meetings of Amtrak's Board of
Directors to better ensure that decisions involving passengers
and the expenditure of billions of dollars in taxpayer funds
are being made in the public interest.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 188 establishes or reauthorizes a program of the
Federal government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 188, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of Public Law 92-463 (5 U.S.C. 1004(b)), the Federal Advisory
Committee Act were created by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section states that this Act may be cited as the
``Amtrak Transparency and Accountability for Passengers and
Taxpayers Act''.
Section 2. Open meetings
This section applies the Government in Sunshine Act open
meetings requirements [5 U.S.C. 552b] with a public virtual
observation option to meetings of Amtrak's Board of Directors
and includes clarifying language that Amtrak may hold closed
meetings to discuss certain sensitive business matters the
disclosure of which may imperil or compromise the competitive
position of Amtrak, matters related to collective bargaining
and personal privacy, and confidential business information.
The bill also protects the disclosure of information that may
imperil the safety of Amtrak employees and passengers or
require Amtrak to take any action that may prevent it from
complying with the law, honoring existing contracts or legally
binding agreements, or carrying out normal business activities
consistent with the statutory mission and goals of Amtrak.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
CHAPTER 243--AMTRAK
* * * * * * *
Sec. 24301. Status and applicable laws
(a) Status.--Amtrak--
(1) is a railroad carrier under section 20102(2) and
chapters 261 and 281 of this title;
(2) shall be operated and managed as a for-profit
corporation; and
(3) is not a department, agency, or instrumentality
of the United States Government, and shall not be
subject to title 31.
(b) Principal Office and Place of Business.--The principal
office and place of business of Amtrak are in the District of
Columbia. Amtrak is qualified to do business in each State in
which Amtrak carries out an activity authorized under this
part. Amtrak shall accept service of process by certified mail
addressed to the secretary of Amtrak at its principal office
and place of business. Amtrak is a citizen only of the District
of Columbia when deciding original jurisdiction of the district
courts of the United States in a civil action.
(c) Application of Subtitle IV.--Subtitle IV of this title
shall not apply to Amtrak, except for sections 11123, 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.
(d) Application of Safety and Employee Relations Laws and
Regulations.--Laws and regulations governing safety, employee
representation for collective bargaining purposes, the handling
of disputes between carriers and employees, employee
retirement, annuity, and unemployment systems, and other
dealings with employees that apply to a rail carrier subject to
part A of subtitle IV of this title apply to Amtrak.
(e) Application of Certain Additional Laws.-- [Section 552 of
title 5, this part]
(1) In general._Except as provided in paragraph (3),
section 552 of title 5 and the open meetings
requirements of section 552b of such title, this part,
and, to the extent consistent with this part, the
District of Columbia Business Corporation Act (D.C.
Code Sec. 29-301 et seq.) apply to Amtrak. [Section
552 of title 5, United States Code, applies]
(2) Timing of application._Except as provided in
paragraph (3), sections 552 and 552b of title 5 apply
to Amtrak for any fiscal year in which Amtrak receives
a Federal subsidy.
(3) Scope of application.--
(A) Information.--The requirements of the
second sentence of section 552b(b) of title 5
shall not apply to any portion of an Amtrak
meeting and subsections (d) and (e) of section
552b of title 5 shall not apply to any
information pertaining to any portion of an
Amtrak meeting otherwise required by section
552b of title 5 to be disclosed to the public
in any case in which Amtrak properly determines
that such portion or portions of the meeting or
the disclosure of such information is likely to
involve--
(i) contract negotiations, including
negotiations for procurements and
agreements that may result in a
contract, the disclosure of which would
imperil or compromise the competitive
position of Amtrak;
(ii) collective bargaining agreements
or any terms and conditions that are
proposed for inclusion in any
collective bargaining agreement,
including the negotiation of terms and
conditions with employees or
representatives of employees of Amtrak;
(iii) with respect to any individual
who is a prospective officer, employee,
or contractor or an officer, employee,
or contractor employed or appointed by
Amtrak, matters involving the
employment, appointment, termination of
employment, terms and conditions of
employment, evaluation of the
performance of, promotion or
disciplining of any such individual,
unless all such individuals whose
rights could be adversely affected
request in writing that the matter or
matters be discussed at a public
meeting; or
(iv) confidential commercial
information.
(B) Additional application.--In addition to
the information described in subparagraph (B),
the information described in section 552b(c)
shall apply to Amtrak meetings.
(4) Rule of construction.--Nothing in this subsection
shall be construed to--
(A) require Amtrak to disclose information
that could put the safety of Amtrak customers
or employees at risk; or
(B) prevent Amtrak from taking any action
otherwise necessary to--
(i) comply with law;
(ii) honor existing contracts or
legally binding agreements; or
(iii) carry out normal business
activities consistent with the
statutory mission and goals of Amtrak.
(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.
(g) Nonapplication of Rate, Route, and Service Laws.--A State
or other law related to rates, routes, or service does not
apply to Amtrak in connection with rail passenger
transportation.
(h) Nonapplication of Pay Period Laws.--A State or local law
related to pay periods or days for payment of employees does
not apply to Amtrak. Except when otherwise provided under a
collective bargaining agreement, an employee of Amtrak shall be
paid at least as frequently as the employee was paid on October
1, 1979.
(i) Preemption Related to Employee Work Requirements.--A
State may not adopt or continue in force a law, rule,
regulation, order, or standard requiring Amtrak to employ a
specified number of individuals to perform a particular task,
function, or operation.
(j) Nonapplication of Laws on Joint Use or Operation of
Facilities and Equipment.--Prohibitions of law applicable to an
agreement for the joint use or operation of facilities and
equipment necessary to provide quick and efficient rail
passenger transportation do not apply to a person making an
agreement with Amtrak to the extent necessary to allow the
person to make and carry out obligations under the agreement.
(k) Exemption From Additional Taxes.--(1) In this
subsection--
(A) ``additional tax'' means a tax or fee--
(i) on the acquisition, improvement,
ownership, or operation of personal property by
Amtrak; and
(ii) on real property, except a tax or fee on
the acquisition of real property or on the
value of real property not attributable to
improvements made, or the operation of those
improvements, by Amtrak.
(B) ``Amtrak'' includes a rail carrier subsidiary of
Amtrak and a lessor or lessee of Amtrak or one of its
rail carrier subsidiaries.
(2) Amtrak is not required to pay an additional tax because
of an expenditure to acquire or improve real property,
equipment, a facility, or right-of-way material or structures
used in providing rail passenger transportation, even if that
use is indirect.
(l) Exemption From Taxes Levied After September 30, 1981.--
(1) In general.--Amtrak, a rail carrier subsidiary of Amtrak,
and any passenger or other customer of Amtrak or such
subsidiary, are exempt from a 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
after September 30, 1981. 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.
(2) The district courts of the United States have original
jurisdiction over a civil action Amtrak brings to enforce this
subsection and may grant equitable or declaratory relief
requested by Amtrak.
(m) Waste Disposal.--(1) An intercity rail passenger car
manufactured after October 14, 1990, shall be built to provide
for the discharge of human waste only at a servicing facility.
Amtrak shall retrofit each of its intercity rail passenger cars
that was manufactured after May 1, 1971, and before October 15,
1990, with a human waste disposal system that provides for the
discharge of human waste only at a servicing facility. Subject
to appropriations--
(A) the retrofit program shall be completed not later
than October 15, 2001; and
(B) a car that does not provide for the discharge of
human waste only at a servicing facility shall be
removed from service after that date.
(2) Section 361 of the Public Health Service Act (42 U.S.C.
264) and other laws of the United States, States, and local
governments do not apply to waste disposal from rail carrier
vehicles operated in intercity rail passenger transportation.
The district courts of the United States have original
jurisdiction over a civil action Amtrak brings to enforce this
paragraph and may grant equitable or declaratory relief
requested by Amtrak.
(n) Rail Transportation Treated Equally.--When authorizing
transportation in the continental United States for an officer,
employee, or member of the uniformed services of a department,
agency, or instrumentality of the Government, the head of that
department, agency, or instrumentality shall consider rail
transportation (including transportation by extra-fare trains)
the same as transportation by another authorized mode. The
Administrator of General Services shall include Amtrak in the
contract air program of the Administrator in markets in which
transportation provided by Amtrak is competitive with other
carriers on fares and total trip times.
(o) Applicability of District of Columbia Law.--Any lease or
contract entered into between Amtrak and the State of Maryland,
or any department or agency of the State of Maryland, after the
date of the enactment of this subsection shall be governed by
the laws of the District of Columbia.
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