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United States · Law · S

S. 738 (105th)

Amtrak Reform and Accountability Act of 1997

enactedUnited States· United States Congress· EN

Introduced

14 May 1997

Last action

—

Status

Became Public Law No: 105-134.

Sponsors

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Subjects

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Source updated

7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Reforms Subtitle A: Operational Reforms Subtitle B: Procurement Subtitle C: Employee Protection Reforms Subtitle D: Use of Railroad Facilities Title II: Fiscal Accountability Title III: Authorization of Appropriations Title IV: Miscellaneous Amtrak Reform and Accountability Act of 1997 - Title I: Reforms - Subtitle A: Operational Reforms - Amends Federal transportation law to direct the National Railroad Passenger Corporation (Amtrak) 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. Repeals the condition that Amtrak provide intercity rail passenger transportation within the basic system unless it is provided by: (1) rail carriers without a contract with Amtrak; or (2) regional transportation authorities under contract with Amtrak. (Sec. 101) Repeals Amtrak's mandate to continue to carry out a specified plan to improve rail passenger transportation. Increases from 90 days to 180 days before a discontinuance the deadline for notice that Amtrak must give of its intention to discontinue rail service over a route to States, regional or local authorities, or other persons. Repeals Amtrak's mandates for: (1) annual cost and performance reviews of Amtrak routes in the basic system; and (2) provision of special commuter transportation. (Sec. 102) Repeals: (1) Amtrak's mandate to take action to increase its mail and express transportation revenues; (2) the authority of others besides Amtrak to provide auto-ferry transportation over any route; (3) the requirement of congressional review of amendments to route and service criteria with respect to route discontinuances and additions; (4) the mandate for Amtrak to provide rail passenger transportation over certain additional qualifying routes; and (5) authority for the Amtrak Commuter (thus abolishing it as an Amtrak subsidiary). (Sec. 106) Exempts certain commuter authorities from paying a tax or fee to the same extent that Amtrak is exempt. Declares that such exemption is without prejudice to Amtrak's retention of trackage rights over property owned or leased by commuter authorities. (Sec. 107) Authorizes Amtrak, with a specified exception, to contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only if certain conditions are met. Urges Amtrak and motor common carriers of passengers to use specified authority to provide improved service to the public and economy of operation. (Sec. 108) Authorizes Amtrak and motor carriers of passengers, subject to Surface Transportation Board review, to: (1) combine their respective services and facilities to the public as a means of increasing revenue; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 109) Authorizes Federal employees to travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis. Subtitle B: Procurement - Repeals the prohibition against contracting out work normally performed by bargaining unit employees covered by a contract between a labor organization and Amtrak, if the contracting out results in the layoff of a bargaining unit employee. (Sec. 121) Provides that notices to Amtrak employees regarding all issues relating to contracting out shall be deemed served and effective 45 days after enactment of this Act. Declares that such notice shall not be required in situations involving: (1) the scope or classification of work performed by an Amtrak employee; (2) the contracting out of work involving food and beverage services provided on Amtrak trains; or (3) the contracting out of work not resulting in the layoff of Amtrak employees. Requires the National Mediation Board to complete all efforts with respect to the contracting out dispute not later than 120 days after enactment of this Act. Authorizes parties to such dispute to agree to submit it to arbitration under the Railway Labor Act. Declares that nothing in this subtitle shall be precedent for the resolution of any dispute between a freight railroad and any labor organization representing that railroad's employees. Subtitle C: Employee Protection Reforms - Provides that notices to Amtrak employees regarding employee protective arrangements and severance benefits, including all provisions of Appendix C-2 to the National Railroad Passenger Agreement, signed July 5, 1973, shall be deemed served and effective 45 days after enactment of this Act. (Sec. 141) Requires the National Mediation Board to complete all efforts with respect to the dispute over such arrangements and benefits not later than 120 days after enactment of this Act. Authorizes parties to such dispute to agree to submit it to arbitration under the Railway Labor Act. (Sec. 142) Repeals certain requirements for fair and equitable employee protective arrangements in the event of a discontinuance of intercity rail passenger service (effectively eliminating such contracts). Subtitle D: Use of Railroad Facilities - Makes enforceable any contracts between Amtrak and its passengers, the Alaska Railroad and its passengers, or private railroad car operators and their passengers regarding claims for personal injury, death, or damage to property in connection with the provision of rail transportation, if: (1) punitive or exemplary damages, where permitted, are not limited to less than two times compensatory damages awarded to any claimant, or $250,000, whichever is greater; and (2) passengers are provided adequate notice of any contractual limitation or waiver or choice of forum. (Sec. 161) Declares that any obligation of a party, however arising, to indemnify against damages or liability for personal injury, death, or damage to property, shall be enforceable, notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to such damages or liability. Title II: Fiscal Accountability - Directs Amtrak to prepare a financial plan to operate within specified funding levels, including budgetary goals for FY 1998 through 2002. Requires Amtrak within five years after enactment of this Act to operate without the need for Federal operating grant funds. (Sec. 202) Directs the Secretary to contract with an independent entity to conduct an independent assessment of the financial requirements of Amtrak through FY 2002. (Sec. 203) Establishes as a independent commission the Amtrak Reform Council to: (1) evaluate Amtrak's performance; and (2) make recommendations for achieving further cost containment and productivity improvements, and financial reforms. Authorizes appropriations. (Sec. 204) Directs the Council to notify the President and specified congressional committees if it finds that: (1) Amtrak's business performance will prevent it from meeting its financial goals; or (2) Amtrak will require operating grant funds five years after enactment of this Act. Requires the Council, after making such a finding, to develop and submit to the Congress an action plan for: (1) a restructured and rationalized intercity rail passenger system; and (2) the complete liquidation of Amtrak. (Sec. 207) Exempts Amtrak (and Amtrak subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority on any persons traveling in intercity rail passenger transportation or mail or express transportation provided by Amtrak (or 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 from such activities. Title III: Authorization of Appropriations - Authorizes appropriations for Amtrak for capital expenditures, operating expenses, and certain mandatory payments. Title IV: Miscellaneous - Extends from October 15, 1996, to October 15, 2001, the deadline for retrofitting certain intercity rail passenger cars with human waste disposal systems that provide for waste discharge at a servicing facility only. (Sec. 403) Repeals the authority or mandate for: (1) assistance for upgrading rail facilities that pose a hazard; (2) a plan for demonstrating new technology in rail passenger equipment; and (3) a program master plan for a Boston-New York main line. (Sec. 406) Declares that Amtrak shall be responsible for its share, if any, of the costs of accessibility improvements at any station jointly used by Amtrak and a commuter authority. Declares that Amtrak shall not be subject to certain requirements under the Americans With Disabilities Act of 1990 until January 1, 1998. (Sec. 408) Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 410) Grants congressional 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 such service. (Sec. 411) Amends Federal transportation law to revise the number and composition of the board of directors of Amtrak.

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