
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC24101]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                          CHAPTER 241--GENERAL
 
Sec. 24101. Findings, purpose, and goals

    (a) Findings.--(1) Public convenience and necessity require that 
Amtrak, to the extent its budget allows, provide modern, cost-efficient, 
and energy-efficient intercity rail passenger transportation between 
crowded urban areas and in other areas of the United States.
    (2) Rail passenger transportation can help alleviate overcrowding of 
airways and airports and on highways.
    (3) A traveler in the United States should have the greatest 
possible choice of transportation most convenient to the needs of the 
traveler.
    (4) A greater degree of cooperation is necessary among Amtrak, other 
rail carriers, State, regional, and local governments, the private 
sector, labor organizations, and suppliers of services and equipment to 
Amtrak to achieve a performance level sufficient to justify expending 
public money.
    (5) Modern and efficient commuter rail passenger transportation is 
important to the viability and well-being of major urban areas and to 
the energy conservation and self-sufficiency goals of the United States.
    (6) As a rail passenger transportation entity, Amtrak should be 
available to operate commuter rail passenger transportation through its 
subsidiary, Amtrak Commuter, under contract with commuter authorities 
that do not provide the transportation themselves as part of the 
governmental function of the State.
    (7) The Northeast Corridor is a valuable resource of the United 
States used by intercity and commuter rail passenger transportation and 
freight transportation.
    (8) Greater coordination between intercity and commuter rail 
passenger transportation is required.
    (b) Purpose.--By using innovative operating and marketing concepts, 
Amtrak shall provide intercity and commuter rail passenger 
transportation that completely develops the potential of modern rail 
transportation to meet the intercity and commuter passenger 
transportation needs of the United States.
    (c) Goals.--Amtrak shall--
        (1) use its best business judgment in acting to minimize United 
    States Government subsidies, including--
            (A) increasing fares;
            (B) increasing revenue from the transportation of mail and 
        express;
            (C) reducing losses on food service;
            (D) improving its contracts with operating rail carriers;
            (E) reducing management costs; and
            (F) increasing employee productivity;

        (2) minimize Government subsidies by encouraging State, 
    regional, and local governments and the private sector, separately 
    or in combination, to share the cost of providing rail passenger 
    transportation, including the cost of operating facilities;
        (3) carry out strategies to achieve immediately maximum 
    productivity and efficiency consistent with safe and efficient 
    transportation;
        (4) operate Amtrak trains, to the maximum extent feasible, to 
    all station stops within 15 minutes of the time established in 
    public timetables;
        (5) develop transportation on rail corridors subsidized by 
    States and private parties;
        (6) implement schedules based on a systemwide average speed of 
    at least 60 miles an hour that can be achieved with a degree of 
    reliability and passenger comfort;
        (7) encourage rail carriers to assist in improving intercity 
    rail passenger transportation;
        (8) improve generally the performance of Amtrak through 
    comprehensive and systematic operational programs and employee 
    incentives;
        (9) carry out policies that ensure equitable access to the 
    Northeast Corridor by intercity and commuter rail passenger 
    transportation;
        (10) coordinate the uses of the Northeast Corridor, particularly 
    intercity and commuter rail passenger transportation; and
        (11) maximize the use of its resources, including the most cost-
    effective use of employees, facilities, and real property.

    (d) Minimizing Government Subsidies.--To carry out subsection 
(c)(11) of this section, Amtrak is encouraged to make agreements with 
the private sector and undertake initiatives that are consistent with 
good business judgment and designed to maximize its revenues and 
minimize Government subsidies. 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 899; Pub. L. 105-
134, title I, Sec. 105(b), title II, Sec. 201, Dec. 2, 1997, 111 Stat. 
2573, 2578.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24101(a)..............................  45:501.                          Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          101, 
84 Stat. 1328; Sept. 29, 1979,
                                                                          Pub. 
L. 96-73, Sec.  102, 93 Stat.
                                                                          537; 
restated Aug. 13, 1981, Pub. L.
                                                                          97-35
, Sec.  1171, 95 Stat. 687.
24101(b)..............................  45:541 (2d sentence words after  Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                         1st comma).                      301 (
2d sentence words after 1st
                                                                          comma
), 84 Stat. 1330; Aug. 13, 1981,
                                                                          Pub. 
L. 97-35, Sec.  1188(a), 95 Stat.
                                                                          699.
24101(c)..............................  45:501a (less (14) (last         Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                         sentence)).                      1327,
 Sec.  102; added Sept. 29, 1979,
                                                                          Pub. 
L. 96-73, Sec.  103(a), 93 Stat.
                                                                          537; 
Aug. 13, 1981, Pub. L. 97-35,
                                                                          Sec. 
 1172, 95 Stat. 688.
24101(d)..............................  45:501a(14) (last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In this part, the word ``Amtrak'' is substituted for ``National 
Railroad Passenger Corporation'', and the words ``Amtrak Commuter'' are 
substituted for ``Amtrak Commuter Services Corporation'', to reflect the 
more current and commonly used names of the entities. The words ``rail 
transportation'' are substituted for ``rail service'' and ``rail 
services'', the word ``transportation'' is substituted for ``service'' 
where appropriate, and the word ``authority'' is substituted for 
``agency'', as being more appropriate and for consistency in the revised 
title and with other titles of the United States Code. The words ``rail 
carrier'' are substituted for ``railroad'' because of the definitions of 
``rail carrier'' and ``railroad'' in 49:10102.
    In subsection (a), the words ``The Congress finds that the'' and 
``The Congress further finds that'' are omitted as surplus.
    In subsection (a)(3), the words ``greatest possible choice of'' are 
substituted for ``to the maximum extent feasible . . . the freedom to 
choose the mode of'' to eliminate unnecessary words.
    In subsection (c), before clause (1), the words ``Amtrak shall'' are 
substituted for ``The Congress hereby establishes the following goals 
for Amtrak'' to eliminate unnecessary words. The text of 45:501a(3) and 
(4) is omitted as executed. The text of 45:501a(9) is omitted as 
obsolete because there no longer are any technical assistance panels. In 
clause (2), the words ``stations and other'' are omitted as surplus. In 
clause (4), the words ``for such operation'' are omitted as surplus. In 
clause (10), the word ``various'' is omitted as surplus. In clause (11), 
the words ``real property'' are substituted for ``real estate'' for 
consistency in the revised title and with other titles of the Code.

                       References in Text

    The Amtrak Reform and Accountability Act of 1997, referred to in 
subsec. (d), is Pub. L. 105-134, Dec. 2, 1997, 111 Stat. 2570. For 
complete classification of this Act to the Code, see Short Title of 1997 
Amendment note set out under section 20101 of this title and Tables.


                               Amendments

    1997--Subsec. (c)(2). Pub. L. 105-134, Sec. 105(b), inserted ``, 
separately or in combination,'' after ``and the private sector''.
    Subsec. (d). Pub. L. 105-134, Sec. 201, inserted at end ``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.''


                             Amtrak Findings

    Pub. L. 105-134, Sec. 2, Dec. 2, 1997, 111 Stat. 2571, provided 
that: ``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.''


                          Fiscal Accountability

    Pub. L. 105-134, title II, Secs. 202-205, Dec. 2, 1997, 111 Stat. 
2578-2582, provided that:
``SEC. 202. INDEPENDENT ASSESSMENT.
    ``(a) Initiation.--Not later than 15 days after the date of 
enactment of this Act [Dec. 2, 1997], 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 [Dec. 2, 1997].
            ``(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[s] 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 [Dec. 2, 1997], 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 [Dec. 2, 1997] and implementation of the 
financial plan referred to in section 24104(d) [24101(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) [24101(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) [24101(d)] of 
    title 49, United States Code, as amended by section 201 of this Act; 
    and
        ``(4) Acts of God, national emergencies, and other events beyond 
    the reasonable control of Amtrak.
    ``(c) Action Plan.--Within 90 days after the Council makes a finding 
under subsection (a)--
        ``(1) it shall develop and submit to the Congress an action plan 
    for a restructured and rationalized national intercity rail 
    passenger system; and
        ``(2) Amtrak shall develop and submit to the Congress an action 
    plan for the complete liquidation of Amtrak, after having the plan 
    reviewed by the Inspector General of the Department of 
    Transportation and the General Accounting Office for accuracy and 
    reasonableness.
``SEC. 205. SENATE PROCEDURE FOR CONSIDERATION OF RESTRUCTURING AND 
        LIQUIDATION PLANS.
    ``(a) In General.--If, within 90 days (not counting any day on which 
either House is not in session) after a restructuring plan is submitted 
to the House of Representatives and the Senate by the Amtrak Reform 
Council under section 204 of this Act, an implementing Act with respect 
to a restructuring plan (without regard to whether it is the plan 
submitted) has not been passed by the Congress, then a liquidation 
disapproval resolution shall be introduced in the Senate by the Majority 
Leader of the Senate, for himself and the Minority Leader of the Senate, 
or by Members of the Senate designated by the Majority Leader and 
Minority Leader of the Senate. The liquidation disapproval resolution 
shall be held at the desk at the request of the Presiding Officer.
    ``(b) Consideration in the Senate.--
        ``(1) Referral and reporting.--A liquidation disapproval 
    resolution introduced in the Senate shall be placed directly and 
    immediately on the Calendar.
        ``(2) Implementing resolution from house.--When the Senate 
    receives from the House of Representatives a liquidation disapproval 
    resolution, the resolution shall not be referred to committee and 
    shall be placed on the Calendar.
        ``(3) Consideration of single liquidation disapproval 
    resolution.--After the Senate has proceeded to the consideration of 
    a liquidation disapproval resolution under this subsection, then no 
    other liquidation disapproval resolution originating in that same 
    House shall be subject to the procedures set forth in this section.
        ``(4) Amendments.--No amendment to the resolution is in order 
    except an amendment that is relevant to liquidation of Amtrak. 
    Consideration of the resolution for amendment shall not exceed one 
    hour excluding time for recorded votes and quorum calls. No 
    amendment shall be subject to further amendment, except for 
    perfecting amendments.
        ``(5) Motion nondebatable.--A motion to proceed to consideration 
    of a liquidation disapproval resolution under this subsection shall 
    not be debatable. It shall not be in order to move to reconsider the 
    vote by which the motion to proceed was adopted or rejected, 
    although subsequent motions to proceed may be made under this 
    paragraph.
        ``(6) Limit on consideration.--
            ``(A) After no more than 20 hours of consideration of a 
        liquidation disapproval resolution, the Senate shall proceed, 
        without intervening action or debate (except as permitted under 
        paragraph (9)), to vote on the final disposition thereof to the 
        exclusion of all amendments not then pending and to the 
        exclusion of all motions, except a motion to reconsider or 
        table.
            ``(B) The time for debate on the liquidation disapproval 
        resolution shall be equally divided between the Majority Leader 
        and the Minority Leader or their designees.
        ``(7) Debate of amendments.--Debate on any amendment to a 
    liquidation disapproval resolution shall be limited to one hour, 
    equally divided and controlled by the Senator proposing the 
    amendment and the majority manager, unless the majority manager is 
    in favor of the amendment, in which case the minority manager shall 
    be in control of the time in opposition.
        ``(8) No motion to recommit.--A motion to recommit a liquidation 
    disapproval resolution shall not be in order.
        ``(9) Disposition of senate resolution.--If the Senate has read 
    for the third time a liquidation disapproval resolution that 
    originated in the Senate, then it shall be in order at any time 
    thereafter to move to proceed to the consideration of a liquidation 
    disapproval resolution for the same special message received from 
    the House of Representatives and placed on the Calendar pursuant to 
    paragraph (2), strike all after the enacting clause, substitute the 
    text of the Senate liquidation disapproval resolution, agree to the 
    Senate amendment, and vote on final disposition of the House 
    liquidation disapproval resolution, all without any intervening 
    action or debate.
        ``(10) Consideration of house message.--Consideration in the 
    Senate of all motions, amendments, or appeals necessary to dispose 
    of a message from the House of Representatives on a liquidation 
    disapproval resolution shall be limited to not more than 4 hours. 
    Debate on each motion or amendment shall be limited to 30 minutes. 
    Debate on any appeal or point of order that is submitted in 
    connection with the disposition of the House message shall be 
    limited to 20 minutes. Any time for debate shall be equally divided 
    and controlled by the proponent and the majority manager, unless the 
    majority manager is a proponent of the motion, amendment, appeal, or 
    point of order, in which case the minority manager shall be in 
    control of the time in opposition.
    ``(c) Consideration in Conference.--
        ``(1) Convening of conference.--In the case of disagreement 
    between the two Houses of Congress with respect to a liquidation 
    disapproval resolution passed by both Houses, conferees should be 
    promptly appointed and a conference promptly convened, if necessary.
        ``(2) Senate consideration.--Consideration in the Senate of the 
    conference report and any amendments in disagreement on a 
    liquidation disapproval resolution shall be limited to not more than 
    4 hours equally divided and controlled by the Majority Leader and 
    the Minority Leader or their designees. A motion to recommit the 
    conference report is not in order.
    ``(d) Definitions.--For purposes of this section--
        ``(1) Liquidation disapproval resolution.--The term `liquidation 
    disapproval resolution' means only a resolution of either House of 
    Congress which is introduced as provided in subsection (a) with 
    respect to the liquidation of Amtrak.
        ``(2) Restructuring plan.--The term `restructuring plan' means a 
    plan to provide for a restructured and rationalized national 
    intercity rail passenger transportation system.
    ``(e) Rules of Senate.--This section is enacted by the Congress--
        ``(1) as an exercise of the rulemaking power of the Senate, and 
    as such they are deemed a part of the rules of the Senate, but 
    applicable only with respect to the procedure to be followed in the 
    Senate in the case of a liquidation disapproval resolution; and they 
    supersede other rules only to the extent that they are inconsistent 
    therewith; and
        ``(2) with full recognition of the constitutional right of the 
    Senate to change the rules (so far as relating to the procedure of 
    the Senate) at any time, in the same manner and to the same extent 
    as in the case of any other rule of the Senate.''


                        Interstate Rail Compacts

    Pub. L. 105-134, title IV, Sec. 410, Dec. 2, 1997, 111 Stat. 2587, 
provided that:
    ``(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.''
