HR 188 — Amtrak Transparency and Accountability for Passengers and Taxpayers Act

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

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SUBTITLE V--RAIL PROGRAMS

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PART C--PASSENGER TRANSPORTATION

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CHAPTER 243--AMTRAK

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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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