Page:United States Statutes at Large Volume 111 Part 3.djvu/491

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PUBLIC LAW 105-134—DEC. 2, 1997 111 STAT. 2579 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 EJSO 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. — 49 USC 24101 note. President.