
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC24302]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                           CHAPTER 243--AMTRAK
 
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 by March 31, 1998, or as soon thereafter as at 
    least 4 members have been appointed and qualified. The Board 
    appointed under prior law shall be abolished when the Reform Board 
    assumes such responsibilities.
        (2) Membership.--(A)(i) The Reform Board shall consist of 7 
    voting members appointed by the President, by and with the advice 
    and consent of the Senate, for a term of 5 years.
        (ii) Notwithstanding clause (i), if the Secretary of 
    Transportation is appointed to the Reform Board, such appointment 
    shall not be subject to the advice and consent of the Senate. If 
    appointed, the Secretary may be represented at Board meetings by his 
    designee.
        (B) In selecting the individuals described in subparagraph (A) 
    for nominations for appointments to the Reform Board, the President 
    should consult with the Speaker of the House of Representatives, the 
    Minority Leader of the House of Representatives, the Majority Leader 
    of the Senate, and the Minority Leader of the Senate.
        (C) Appointments under subparagraph (A) shall be made from among 
    individuals who--
            (i) have technical qualifications, 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 6 of the 7 individuals selected, are 
        not employees of Amtrak or of the United States.

        (D) The President of Amtrak shall serve as an ex officio, 
    nonvoting member of the Reform Board.
        (3) Confirmation procedure in senate.--
            (A) This paragraph is enacted by the Congress--
                (i) as an exercise of the rulemaking power of the 
            Senate, and as such it is 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 motion to 
            discharge; and it supersedes other rules only to the extent 
            that it is inconsistent therewith; and
                (ii) 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.

            (B) If, by the first day of June on which the Senate is in 
        session after a nomination is submitted to the Senate under this 
        section, the committee to which the nomination was referred has 
        not reported the nomination, then it shall be discharged from 
        further consideration of the nomination and the nomination shall 
        be placed on the Executive Calendar.
            (C) It shall be in order at any time thereafter to move to 
        proceed to the consideration of the nomination without any 
        intervening action or debate.
            (D) After no more than 10 hours of debate on the nomination, 
        which shall be evenly divided between, and controlled by, the 
        Majority Leader and the Minority Leader, the Senate shall 
        proceed without intervening action to vote on the nomination.

    (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 (which shall provide for employee representation), 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 906; Pub. L. 105-
134, title IV, Sec. 411(a), Dec. 2, 1997, 111 Stat. 2588.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24302(a)(1)...........................  45:543(a)(1) (words before       Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                         (A)), (A) (1st sentence), (B)-   303(a
), 84 Stat. 1330; restated Nov.
                                         (E) (words before comma).        3, 19
73, Pub. L. 93-146, Sec.  3(a),
                                                                          87 St
at. 548; Feb. 5, 1976, Pub. L. 94-
                                                                          210, 
Sec.  706(f), 90 Stat. 124; Oct.
                                                                          19, 1
976, Pub. L. 94-555, Sec.  103,
                                                                          90 St
at. 2615; May 30, 1980, Pub. L.
                                                                          96-25
4, Sec.  206(a), 94 Stat. 412;
                                                                          Aug. 
13, 1981, Pub. L. 97-35, Sec.
                                                                          1174(
a), 95 Stat. 689; June 22, 1988,
                                                                          Pub. 
L. 100-342, Sec.  18(b), 102
                                                                          Stat.
 636.
24302(a)(2)...........................  45:543(a)(2)(A) (1st sentence
                                         words before comma, last
                                         sentence).
24302(a)(3)...........................  45:543(a)(2)(B).
24302(a)(4)...........................  45:543(a)(1)(E) (words after
                                         comma).
24302(a)(5)...........................  45:543(a)(4).
24302(a)(6)...........................  45:543(a)(1)(A) (last
                                         sentence).
24302(b)..............................  45:543(a)(7).
                                        45:543(c).                       Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          303(b
), (c), 84 Stat. 1331.
24302(c)..............................  45:543(a)(6).
24302(d)..............................  45:543(a)(5).
24302(e)..............................  45:543(a)(2)(A) (1st sentence
                                         words after comma), (3), (8).
24302(f)..............................  45:543(b).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), before clause (A), the words ``is composed of 
the following 9 directors, each of whom must be a citizen'' are 
substituted for ``consisting of nine individuals who are citizens'' for 
consistency in the revised title. The words ``as follows'' are omitted 
as surplus. In clause (A), the words ``ex officio'' are omitted as 
surplus. In clause (C)(ii), the words ``chief executive officer of a 
State'' are substituted for ``Governor'' for consistency in the revised 
title and with other titles of the United States Code. In clause (D), 
the text of 45:543(a)(1)(D)(i) and the words ``after January 1, 1983'' 
are omitted as executed.
    In subsection (a)(2), the words ``by the President'' and 
``registered as'' are omitted as surplus.
    In subsection (a)(3) and (4), the word ``selected'' is substituted 
for ``appointed'' for consistency.
    In subsection (a)(6), the word ``only'' is added for clarity.
    In subsection (b), the text of 45:543(a)(7) is omitted as obsolete 
because preferred stockholder representatives are always part of 
Amtrak's board of directors. The text of 45:543(c) (words after ``all 
stockholders'') is omitted as obsolete because Congress eliminated 
common stockholder representatives when it reconstituted the board.
    In subsection (c), the words ``direct or indirect'' are omitted as 
surplus.
    In subsection (d), the word ``performing'' is substituted for 
``engaged in the actual performance of'' to eliminate unnecessary words. 
The word ``board'' is added for clarity. The words ``and powers'' are 
added for consistency in the revised title and with other titles of the 
Code. The word ``reasonable'' is substituted for ``which is reasonably 
required'' to eliminate unnecessary words.
    In subsection (e), the words ``the membership of'' and ``in the case 
of'' are omitted as surplus. The words ``occurring before the end of the 
term for which the predecessor of that individual was appointed is 
appointed for the remainder of the term'' are substituted for ``shall be 
appointed only for the unexpired term of the member he is appointed to 
succeed'' for clarity and consistency in the revised title and with 
other titles of the Code. The words ``under subsection (a)(1)(C)'' the 
2d time they appear are substituted for ``paragraph (1)(B) of this 
subsection'' in 45:543(a)(8) to correct an erroneous cross-reference.


                               Amendments

    1997--Pub. L. 105-134 amended section catchline and text generally. 
Prior to amendment, text related, in subsec. (a), to composition and 
terms of Amtrak board of directors, in subsec. (b), to cumulative voting 
by stockholders, in subsec. (c), to conflicts of interest of directors, 
in subsec. (d), to pay and expenses of directors, in subsec. (e), to 
vacancies on board, and in subsec. (f), to bylaws of board.
