Home > 105th Congressional Bills > S. 738 (is) To reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. ...S. 738 (is) To reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. ...
105th CONGRESS
1st Session
S. 738
_______________________________________________________________________
AN ACT
To reform the statutes relating to Amtrak, to authorize appropriations
for Amtrak, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; 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. Composition of Amtrak 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. 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.--Section 24701 is amended to read as
follows:
``Sec. 24701. OPERATION OF BASIC SYSTEM
``Amtrak shall provide intercity rail passenger transportation
within the basic system. Amtrak shall strive to operate as a national
rail passenger transportation system which provides access to all areas
of the country and ties together existing and emergent regional rail
passenger corridors and other intermodal passenger service.''.
(b) Improving Rail Passenger Transportation.--Section 24702 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); and
(4) by striking ``section 24707(a) or (b) of this title''
in subsections (a)(2) and (b)(1) and inserting ``paragraph
(1)''.
(d) Cost and Performance Review.--Section 24707 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.
Section 24101(c)(2) is amended by inserting ``, separately or in
combination,'' after ``and the private sector''.
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 section 11342(a) of this
title for the purpose of providing improved service to the public and
economy of operation.''.
SEC. 108. RAIL AND MOTOR CARRIER PASSENGER SERVICE.
(a) In General.--Notwithstanding any other provision of law (other
than section 24305(a) of title 49, United States Code), Amtrak and
motor carriers of passengers are authorized--
(1) to combine or package their respective services and
facilities to the public as a means of increasing revenues; and
(2) to coordinate schedules, routes, rates, reservations,
and ticketing to provide for enhanced intermodal surface
transportation.
(b) Review.--The authority granted by subsection (a) is subject to
review by the Surface Transportation Board and may be modified or
revoked by the Board if modification or revocation is in the public
interest.
SEC. 109. PASSENGER CHOICE.
Federal employees are authorized to travel on Amtrak for official
business where total travel cost from office to office is competitive
on a total trip or time basis.
SEC. 110. APPLICATION OF CERTAIN LAWS.
(a) Application of FOIA.--Section 24301(e) 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 of title 49,
United States Code, is amended--
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