Page:United States Statutes at Large Volume 111 Part 3.djvu/490

 Ill STAT. 2578 PUBLIC LAW 105-134—DEC. 2, 1997 "(3) the term 'rail carrier' includes a person providing excursion, scenic, or museum train service, and an owner or operator of a privately owned rail passenger car.", (b) CONFORMING AMENDMENT.—The table of sections for chapter 281 is amended by adding at the end the following new item: "28103. Limitations on rail passenger transportation liability.". SEC. 162. RETENTION OF FACILITIES. Section 24309(b) is amended by inserting "or on January 1, 1997," after "1979,". TITLE II—FISCAL ACCOUNTABILITY 49 USC 24101 note. Contracts. SEC. 201. AMTRAK FINANCIAL GOALS. Section 24101(d) is amended by adding at the end thereof the following: "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 Amtreik Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.". SEC. 202. INDEPENDENT ASSESSMENT. (a)lNlTlATiON.— Not later than 15 days after the date of enactment of this Act, 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 entitys 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

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