(Sec. 102) Directs the Comptroller General to study and report to Congress on rail passenger transportation security programs in Japan, the European Union, and other countries.
(Sec. 103) Directs the Secretary of Transportation to study and report to the appropriate congressional committees on security screening for passengers, baggage, mail, express and other cargo. Requires a pilot program of random security screening at ten rail stations, including five of the ten busiest.
(Sec. 104) Requires the Secretary to review rail regulations for needed safety and security revisions.
(Sec. 105) Directs the Secretary to assess and report to the appropriate congressional committees on rail transportation security risks, including recommendations for prioritized improvements for rail tunnels, bridges, switching and other areas, detection equipment, personnel training, and railroad crossing delays. Requires an assessment of and consultation with existing private and public resources and efforts. Includes an assessment of the security needs of non-Amtrak stations. Authorizes appropriations for FY 2003.
(Sec. 106) Expresses the intent of Congress that earlier appropriations for Amtrak security made under the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 be offset against funds authorized by this title.
Title II: Interstate Railroad Passenger High-Speed Transportation System - Requires the Secretary to establish the national high-speed ground transportation policy.
(Sec. 202) Permits the Secretary to provide 100 percent of the funding (rather than requiring matching funds) for planning and financial assistance to public agencies, including States, promoting the development of high-speed rail corridors. Gives priority to planning in the vicinity of Chicago, Illinois; Atlanta, Georgia; Dallas/Fort Worth, Texas; Portland, Oregon; and Orlando, Florida.
(Sec. 203) Directs the Secretary to provide implementation assistance, including direct or financial assistance of up to 100 percent. Grants priority to the same areas receiving planning assistance priority.
Allocates funds for systems not physically connected to the continental United States with infrastructure constraints imposed by unique geographical characteristics.
Permits funds to be used for security planning, operating expenses, infrastructure, rail grade crossing improvements, and acquisitions of rights-of-way or equipment.
Requires that projects: (1) encourage positive train control technologies; (2) have particularly high safety levels; (3) encourage intermodal connectivity; (4) ensure regional balance; and (5) are compatible with metropolitan and state surface transportation plans.
Requires project assistance recipients to buy American above a de minimis amount, permitting exemptions as specified.
Requires the use of competitive bidding as a condition of receiving project assistance.
(Sec. 204) Grants funding priority to designated high-speed rail corridors. Designates the following as high-speed rail corridors: (1) the California Corridor connecting the San Francisco Bay area and Sacramento to Los Angeles and San Diego; (2) the Chicago Hub Corridor Network with specified spokes; (3) the Empire State Corridor from New York City, New York, through Albany, New York, to Buffalo, New York; (4) the Florida High-Speed Rail Corridor from Tampa through Orlando to Miami; (5) the Gulf Coast Corridor from Houston Texas, through New Orleans, Louisiana, to Mobile, Alabama, with a branch from New Orleans, through Meridian, Mississippi, and Birmingham, Alabama, to Atlanta, Georgia; (6) the Keystone Corridor from Philadelphia, Pennsylvania, through Harrisburg, Pennsylvania, to Pittsburgh, Pennsylvania; (7) the Northeast Corridor from Washington, District of Columbia, through New York City, New York, New Haven, Connecticut, and Providence, Rhode Island, to Boston, Massachusetts, with a branch from New Haven, Connecticut, to Springfield, Massachusetts; (8) the New England Corridor from Boston, Massachusetts, to Portland and Auburn, Maine, and from Boston, Massachusetts, through Concord, New Hampshire, and Montpelier, Vermont, to Montreal, Quebec; (9) the Pacific Northwest Corridor from Eugene, Oregon, through Portland, Oregon, and Seattle, Washington, to Vancouver, British Columbia; (10) the South Central Corridor from San Antonio, Texas, through Dallas/ Fort Worth to Little Rock, Arkansas, with a branch from Dallas/Fort Worth through Oklahoma City, Oklahoma, to Tulsa, Oklahoma; (11) the Southeast Corridor from Washington, District of Columbia, through Richmond, Virginia, Raleigh, North Carolina, Columbia, South Carolina, Savannah, Georgia, and Jessup, Georgia, to Jacksonville, Florida, with specified branches; and (12) the Southwest Corridor from Los Angeles, California, to Las Vegas, Nevada.
(Sec. 205) States that current employee protections remain unaffected by this Act. Requires that projects under this Act comply with: (1) Davis-Bacon prevailing wage and other labor standard requirements; and (2) protections equivalent to those imposed by the Amtrak Reform and Accountability Act of 1997 concerning discontinuance.
(Sec. 206) Authorizes funding the entire cost of projects that improve or eliminate highway-rail grade crossings in high-speed corridors, subject to specified conditions. Permits the relocation of a portion of a highway or a railway to eliminate a hazard.
Authorizes the Secretary to classify projects and set a percentage of funding to be met by the railroad(s) according to their net benefit received, up to ten percent. Makes the railroad(s) liable to the United States for such net benefit, permitting payment in materials and labor.
Requires the Secretary to survey crossings and establish a schedule for projects. Grants priority to the elimination of crossings but authorizes expenditures for the installation of protective devices. Requires equitable apportionment of funds between high-speed rail corridor railway-highway crossings on the Northeast Corridor and such crossings outside the Corridor, based upon traffic volume and patterns and existing hazard warnings.
Requires the Secretary to report annually to the appropriate congressional committees on the effectiveness of the improvements, including cost and accident assessments and State compliance.
Provides local governments with funds under this program as: (1) matching funds when required for the expenditure of State funds; and (2) incentive payments when public at-grade high-speed rail corridor railway-highway crossings under its jurisdiction are permanently closed and the railroad also makes an incentive payment.
Requires the coordination of this program with existing requirements concerning the classification of projects and railroad share of cost and highway railway crossings.
(Sec. 207) Authorizes appropriations for FY 2003 though 2007, earmarking funds for high-speed rail corridor planning and implementation and technology improvement.
Title III : National Railroad Passenger Corporation - Defines the national rail passenger transportation system to include: (1) the Northeast Corridor between Boston, Massachusetts, and Washington, D.C.; (2) designated rail corridors sufficiently improved to permit high-speed service; (3) current long-distance routes of more than 750 miles between Amtrak endpoints; and (4) current short-distance corridors or routes unless discontinued by Amtrak.
Authorizes Amtrak to contract to operate an intercity rail service or route not included in the national rail passenger transportation system. Permits discontinuance of such service or route upon termination of a contract or the cessation of financial support. Continues Amtrak's authority to restore, improve, or develop non-high-speed intercity passenger rail service.
(Sec. 302) Amends the Amtrak Reform and Accountability Act of 1997 to repeal the requirements of: (1) operating self-sufficiency; and (2) redemption of common stock for fair market value by the start of FY 2003. Authorizes Amtrak to obtain lease arrangement services from the Administrator of General Services for FY 2003 through 2007. States that Amtrak's right to bring claims under the False Claims Act remains unaffected.
(Sec. 303) Authorizes appropriations to Amtrak for FY 2003 through 2007 for: (1) excess mandatory contributions to the Railroad Retirement Trust Account; (2) retirement of principal and payment of interest on loans for capital equipment, or capital leases; (3) environmental compliance; and (4) compliance with the Americans With Disabilities Act of 1990 (ADA). Permits an extension of ADA compliance deadlines if substantial progress has been made but compliance has not been achieved due to insufficient funding.
Requires the reinvestment of net revenues from non-passenger operations after systemwide current liabilities have been satisfied.
(Sec. 304) Authorizes appropriations for FY 2003 through 2007 for the Northeast Corridor for capital investment in infrastructure, fleet, stations and facilities, both backlog and ongoing, and technology upgrades.
Authorizes appropriations for FY 2003 for life safety improvements to specified tunnels in New York, Washington, D.C., and Baltimore. Directs the Secretary to consider and attain financial contributions from other rail carriers using such tunnels, where feasible.
Authorizes appropriations for FY 2003 through 2007 for corridor growth investments. Requires the reinvestment of net revenue from core passenger operations for capital needs until the backlog is completed.
(Sec. 305) Authorizes appropriations for FY 2003 through 2007 for: (1) operating costs associated with long-distance trains; (2) capital backlog and upgrades; (3) ongoing capital infrastructure; (4) capital fleet needs; (5) capital stations and facilities; and (6) technology needs.
(Sec. 306) Authorizes appropriations for FY 2003 through 2007 for routes outside the Northeast Corridor for: (1) capital backlog on infrastructure and fleet; and (2) ongoing capital infrastructure, fleet, capital stations and facilities, and technology needs.
(Sec. 307) Directs the Secretary of Transportation to re-establish the Northeast Corridor Safety Committee through 2007.
(Sec. 308) Authorizes Amtrak to petition the Surface Transportation Board to investigate delays on intercity passenger train service when service falls below an 80 percent on-time performance level.
(Sec. 309) Revises provisions concerning the board of directors of Amtrak.
(Sec. 310) Requires Amtrak to employ an independent financial consultant to assess current accounting and reporting systems and practices and to implement a modern system, subject to the oversight of the Inspector General of the Department of Transportation and the appropriate congressional committees. Requires that such system be able to assign revenues and expenses to each line of business and major activity, aggregate expenses and revenues related to infrastructure as opposed to operations, and provide ticketing and reservation information on a real-time basis. Authorizes appropriations.
(Sec. 311) Requires Amtrak's board of directors to prepare and submit to the Inspector General an annual budget and five-year financial plan projecting revenues and expenditures, ridership, capital and operating funding needs, financial stability, debt, and cash flow. Requires the Inspector General to assess and report to the appropriate congressional committees on such plan.
(Sec. 312) Requires Amtrak to revise its operations reporting methodology for preparing the annual operations reports (Route Profitability System report), specifically excluding non-core profits in calculating train performance.
(Sec. 313) Requires Amtrak to allocate appropriations proportionately, after first meeting mandatory retirement contributions.
(Sec. 314) Directs the Inspector General to hire an independent auditor to establish objective criteria for Amtrak service changes, such criteria to be incorporated in decisions made by the board of directors concerning routes, service, capital plans, and budgets. Requires the board to notify the appropriate congressional committees and explain whenever they make a service decision inconsistent with such criteria. Authorizes appropriations.
Title IV: Miscellaneous - Revises the Railroad Rehabilitation and Improvement Financing (RRIF) program to require rather than permit the Secretary to provide direct loans to State and local governments for railroad non-operating expenses, including safety and security equipment and facilities. Increases: (1) the aggregate unpaid principal amount of obligations under direct loans and loan guarantees; and (2) set asides for projects primarily benefitting freight railroads other than Class I carriers.
Revises provisions concerning a cohort of loans, including size and characteristic as a credit risk premium factor, composition, and limits. Prohibits the Secretary from limiting the proportion of a cohort which may be used for a single loan or guarantee.
Modifies requirements for a direct loan or guarantee to exclude the need for collateral or a previous search for alternative financing. Establishes time limits for loan approval or disapproval and for the publication of standards and criteria concerning the same.
Limits loan fees and charges to investigation charges to appraise equipment. Requires such charges to be credited to appropriations for loan administration.
Deems as rail carriers persons conducting rail operations funded with RRIF loans.
(Sec. 402) Directs the Secretary to establish and implement a rail passenger cooperative research program to address intercity rail passenger services and related issues including the indirect effects of rail passenger service, modal choice, technology priorities, management and maintenance improvement, and rail capacity constraints.
Directs the Secretary to establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger transportation.
Authorizes appropriations for FY 2003 through 2007.
(Sec. 403) Makes conforming amendments to acknowledge the supplanting of duties of the Interstate Commerce Commission by the Surface Transportation Board.
(Sec. 404) Amends the Alaska Railroad Transfer Act of 1982 to authorize the Alaska Railroad to exchange lands along its right-of-way.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1991 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 1991
To establish a national rail passenger transportation system,
reauthorize Amtrak, improve security and service on Amtrak, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2002
Mr. Hollings (for himself, Mr. Biden, Mr. Breaux, Mr. Carper, Mr.
Cleland, Mrs. Clinton, Mr. Corzine, Mr. Durbin, Mrs. Hutchison, Mr.
Jeffords, Mr. Kennedy, Mr. Kerry, Mr. Leahy, Ms. Mikulski, Mr.
Rockefeller, Mr. Schumer, Mr. Stevens, Mr. Torricelli, Mr. Reid, and
Mrs. Feinstein) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish a national rail passenger transportation system,
reauthorize Amtrak, improve security and service on Amtrak, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Defense
Rail Act''.
(b) Amendment of Title 49.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of title 49; table of contents.
Sec. 2. Findings.
TITLE I--RAIL TRANSPORTATION SECURITY
Sec. 101. Amtrak security assistance.
Sec. 102. Study of foreign rail transport security programs.
Sec. 103. Passenger, baggage, and cargo screening.
Sec. 104. Rail security.
Sec. 105. Rail transportation security risk assessment.
TITLE II--INTERSTATE RAILROAD PASSENGER HIGH-SPEED TRANSPORTATION
SYSTEM
Sec. 201. Interstate railroad passenger high-speed transportation
policy.
Sec. 202. High-speed rail corridor planning.
Sec. 203. Implemenation assistance.
Sec. 204. Designated high-speed rail corridors.
Sec. 205. Labor standards.
Sec. 206. Railway-highway crossings in high-speed rail corridors.
Sec. 207. Authorization of appropriations.
TITLE III--NATIONAL RAILROAD PASSENGER CORPORATION
Sec. 301. National railroad passenger transportation system defined.
Sec. 302. Extension of authorization.
Sec. 303. Additional Amtrak authorizations.
Sec. 304. Northeast Corridor authorizations.
Sec. 305. Long distance trains.
Sec. 306. Short distance trains; State-supported routes.
Sec. 307. Re-establishment of Northeast Corridor Safety Committee.
Sec. 308. On-time performance.
Sec. 309. Amtrak board of directors.
Sec. 310. Independent audit of Amtrak operations; review by DOT IG.
TITLE IV--MISCELLANEOUS
Sec. 401. Rehabilitation, improvement, and security financing.
Sec. 402. Rail passenger cooperative research program.
Sec. 403. Conforming amendments to title 49 reflecting ICC Termination
Act.
Sec. 404. Applicability of reversion to Alaska Railroad right-of-way
property.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Financial investment in passenger rail infrastructure
is critical, and Federal leadership is required to address the
needs of a reliable safe, secure passenger rail network, just
as has been used in establishing the interstate highway system
and the Federal aviation network.
(2) Lack of investment and attention to the needs of
passenger rail infrastructure has resulted in a weak passenger
rail network, and has caused a strain on the capacity of other
modes of transportation in many areas of the country. According
to the Department of Transportation, in 1999 the cost of wasted
time and extra fuel consumption due to delays on congested
roads was estimated at $78 billion.
(3) Passenger rail is an integral part of the United States
transportation system, and, as can be evidenced in the
Northeast Corridor, relieves the pressures of congestion on
highways and at airports, and creates a more balanced system of
transportation alternatives.
(4) Passenger rail service has been a vital instrument in
the transportation needs of our Nation. For instance, during
World War II, the privately owned, operated, and constructed
railroad industry transported 90 percent of all defense
freight, and 97 percent of all defense personnel transported to
points of embarkation for theaters of action. By the end of the
war, railroads accounted for three quarters of the share of the
common carrier share of intercity traffic, with airplanes and
buses sharing the remaining quarter of traffic.
(5) Significant attention and Federal funding were required
to construct the Eisenhower System of Interstate and Defense
Highways. The Federal Aid Highway Act of 1956 established a
Highway Trust Fund based upon Federal user taxes in order to
finance up to 90 percent of the costs of the $25 billion dollar
highway construction plan.
(6) Federal policies with respect to investment in aviation
resulted in a strengthened aviation industry and the rapid
development of air passenger service, and by the late 1960's
most rail companies were petitioning the Government to
discontinue passenger services because of losses.
(7) Amtrak was established in 1971 by the Rail Passenger
Service Act of 1970 to provide passenger rail services in the
United States as a public service; at the time of Amtrak's
formation, freight railroads were losing money on unprofitable
passenger rail operations. Since 1971 Amtrak has received only
$25 billion in public subsidies; during that period, the United
States invested $750 billion on highways and aviation.
(8) The Amtrak Reform and Accountability Act of 1997, and
preceding statutes, resulted in creating conflicting missions
for the National Railroad Passenger Corporation of both serving
a public function by operating unprofitable long-distance
routes while also attempting to operate at a profit. This
policy has also restricted Amtrak's profit potential on the
Northeast Corridor by limiting the capital expenditures to help
defray other costs.
(9) Due to a lack of capital investment, the Northeast
Corridor has accumulated a backlog of repair needs, including
life safety and security needs. Investment in the capital needs
of the Northeast Corridor would result in capacity improvements
which would result in greater utilization of the existing
infrastructure.
(10) The Department of Transportation Inspector General's
2001 Assessment of Amtrak's Financial Performance and
Requirements (Report #CR-2002-075) found that Amtrak's lack of
available capital has impeded its efforts to achieve financial
goals.
(11) In order to attempt to meet the mandate of the Amtrak
Reform and Accountability Act of 1997, Amtrak has been forced
to delay capital improvement projects and other projects which
would produce long-term benefits.
(12) The Department of Transportation Inspector General's
2001 Assessment of Amtrak's Financial Performance and
Requirements (Report #CR-2002-075) found that Amtrak's most
profitable operations are on the Northeast Corridor, where
Federal investment in passenger rail infrastructure has been
significantly higher than anywhere else in the country.
(13) Federal investments in capital projects to support
passenger rail in areas other than the Northeast Corridor would
result in improved service and increase profitability.
(14) The need for a balanced interstate and international
transportation system that provides a viable alternative to
travel by private automobile or commercial aircraft is
particularly evident after the events of September 11, 2001.
(15) As a matter of national security, a strong passenger
rail network would provide travelers an alternative to highway
and air travel, which could lead to reduced United States
reliance on foreign oil imports.
(16) In fiscal year 2001, the United States spent less than
1 percent of all transportation modal spending on intercity
passenger rail, and since 1998, Amtrak has received only $4.59
billion of the $8.42 billion it has been authorized to receive
by Congress.
(17) Passenger rail in the United States has no stable
funding source, in contrast to highways, aviation, and transit.
(18) Per capita spending on passenger rail is much higher
in other countries than the United States and, in fact, the
United States ranks behind other countries including Canada,
Japan, France, Great Britain, Italy, Spain, Austria,
Switzerland, Belgium, Sweden, Luxembourg, Denmark, Ireland,
Norway, the Czech Republic, Finland, Slovakia, Portugal,
Poland, South Africa, Greece, and Estonia.
(19) The United States needs to engage in long-term
planning to foster and address future passenger transportation
growth and show forethought regarding transportation solutions
rather than be forced to act due to an impending crisis.
(20) It is in the national interest to preserve passenger
rail service in the United States and to maintain the solvency
of the National Railroad Passenger Corporation.
(21) Long-term planning and support for passenger rail will
help offset the emerging problems created by transportation
congestion, and contribute to a cleaner and more
environmentally-friendly transportation system.
(22) A comprehensive re-evaluation of our nation's rail
passenger policy is required and a clearly defined role for
Amtrak and a connected rail passenger network must be
established.
(23) The Federal government must take the primary
responsibility for developing national railroad passenger
transportation infrastructure, and help ensure that it
functions as an efficient network. Privatization of the rail
passenger industry in Great Britain has been disastrous and
passenger service has suffered overall.
(24) The Nation should be afforded the opportunity to
receive safe, efficient, and cost-effective rail passenger
services, taking into account all benefits to the Nation as a
whole.
TITLE I--RAIL TRANSPORTATION SECURITY
SEC. 101. AMTRAK SECURITY ASSISTANCE.
(a) Infrastructure Security.--The following amounts are authorized
to be appropriated to the Secretary of Transportation for the use of
Amtrak for fiscal year 2003:
(1) $26,000,000 for tunnel, bridge, electric traction, and
tower security, including closed circuit television cameras,
vehicle barriers, lighting, and fencing, of which $19,725,000
shall be obligated or expended on the Northeast Corridor and
$6,275,000 shall be obligated or expended outside the Northeast
Corridor.
(2) $137,370,000 for interlocking security needs, including
closed circuit television cameras, lighting, fencing and
vehicle barriers, of which 50 percent shall be obligated or
expended on the Northeast Corridor and 50 percent shall be
obligated or expended outside the Northeast Corridor.
(3) $12,525,000 for equipment facility security, including
closed circuit television cameras, lighting, and vehicle
barriers, of which $4,175,000 shall be obligated or expended on
the Northeast Corridor and $8,350,000 shall be obligated or
expended outside the Northeast Corridor.
(4) $22,140,000 for yard and terminal security, including
closed circuit television cameras, lighting, fencing and
vehicle barriers, of which $9,225,000 shall be obligated or
expended on the Northeast Corridor and $12,915,000 shall be
obligated or expended outside the Northeast Corridor.
(5) $2,940,000 for mail and express facilities security,
including closed circuit television cameras, lighting, fencing,
and vehicle barriers, of which $1,470,000 shall be obligated or
expended on the Northeast Corridor and $1,470,000 shall be
obligated or expended outside the Northeast Corridor.
(6) $20,125,000 for station security, including closed
circuit television cameras, x-ray machines, lighting, fencing
and vehicle barriers, of which $7,000,000 shall be obligated or
expended on the Northeast Corridor and $13,125,000 shall be
obligated or expended outside the Northeast Corridor.
(7) $538,000 for employee identification systems, including
improved technology for badges issued to employees and visitors
controlled through a centralized database.
(8) $75,000 for bomb-resistant trash containers, of which
50 percent shall be obligated or expended on the Northeast
Corridor and 50 percent shall be obligated or expended outside
the Northeast Corridor.
(9) $5,800,000 for a passenger information retrieval system
to capture security information, create watchlists, and an
online history of passengers, of which 50 percent shall be
obligated or expended on the Northeast Corridor and 50 percent
shall be obligated or expended outside the Northeast Corridor.
(10) $6,200,000 for an incident tracking system to create
and maintain an electronic database of data on criminal and
operational incidents, of which 50 percent shall be obligated
or expended on the Northeast Corridor and 50 percent shall be
obligated or expended outside the Northeast Corridor.
(11) $4,300,000 for upgrades to ticket kiosks for photo
imaging for identification purposes, of which 50 percent shall
be obligated or expended on the Northeast Corridor and 50
percent shall be obligated or expended outside the Northeast
Corridor.
(12) $16,750,000 for an incident command system to serve as
a second command center and a disaster recovery command site,
of which $5,000,000 shall be obligated or expended on the
Northeast Corridor and $11,750,000 shall be obligated or
expended outside the Northeast Corridor.
(13) $5,000,000 for train locator and tracking systems to
provide GPS coordinates for all locomotives, of which 50
percent shall be obligated or expended on the Northeast
Corridor and 50 percent shall be obligated or expended outside
the Northeast Corridor.
(14) $120,000 for a notification system for integration of
GPS information into the central computer systems, of which 50
percent shall be obligated or expended on the Northeast
Corridor and 50 percent shall be obligated or expended outside
the Northeast Corridor.
(15) $1,245,000 for mail and express shipment software to
identify each shipment positively before it is transported by
rail, of which $405,000 shall be obligated or expended on the
Northeast Corridor and $840,000 shall be obligated or expended
outside the Northeast Corridor.
(16) $1,211,000 for mail and express tracking deployment to
identify the status of each rail shipment.
(b) Security Operations.--The following amounts are authorized to
be appropriated to the Secretary of Transportation for the use of
Amtrak for fiscal year 2003:
(1) $354,000 for hiring 4 police officers, each of whom is
to be dedicated to a specific region of the United States, to
provide intelligence-gathering and analysis, conduct crime-
mapping assessments throughout the entire system, work with law
enforcement to prevent terrorist acts and reduce Amtrak's
vulnerability, of which 50 percent shall be obligated or
expended on the Northeast Corridor and 50 percent shall be
obligated or expended outside the Northeast Corridor.
(2) $10,411,000 for the hiring of 150 patrol officers and
48 specialized personnel, of whom 101 would be deployed on the
Northeast Corridor and 97 outside the Northeast Corridor.
(3) $11,292,000 for the hiring of 250 security officers, of
whom 147 would be deployed on the Northeast Corridor and 103
outside the Northeast Corridor.
(4) $1,828,000 for the hiring of 20 canine bomb teams, of
which 14 are to be deployed outside the Northeast Corridor and
10 are to be deployed to mail and express facilities.
(5) $30,761,000 for 90 infrastructure security inspectors
to inspect the rights-of-way, bridges, buildings, tunnels,
communications and signaling equipment, fencing, gates,
barriers, lighting, catenary system, and other security
features, of which $21,000,000 is to be obligated or expended
on the Northeast Corridor and $10,000,000 is to be obligated or
expended outside the Northeast Corridor.
(6) $2,990,000 to expand aviation capabilities for security
coverage and patrol capabilities, including equipment, staff,
and facilities, of which $997,000 is to be obligated or
expended on the Northeast Corridor and $1,993,000 is to be
obligated or expended outside the Northeast Corridor.
(7) $1,095,000 for the leasing of 150 vehicles and 10
bicycles to support patrol capabilities, of which $569,000 is
to be obligated or expended on the Northeast Corridor and
$526,000 is to be obligated or expended outside the Northeast
Corridor.
(8) $669,000 for 6 management level positions with
responsibility for direction, control, implementation, and
monitoring of security systems, including the deployment of the
250 security officers throughout the Amtrak system, of which
$446,000 is to be obligated or expended on the Northeast
Corridor and $223,000 is to be obligated or expended outside
the Northeast Corridor.
(9) $980,000 for applicant background investigations, of
which 50 percent shall be obligated or expended on the
Northeast Corridor and 50 percent shall be obligated or
expended outside the Northeast Corridor.
(10) $457,000 for rapid response teams to respond to and
prepare for on-site consequence management, all of which shall
be obligated or expended outside the Northeast Corridor.
(c) Equipment Security.--
(1) In general.--The following amounts are authorized to be
appropriated to the Secretary of Transportation for the use of
Amtrak for fiscal year 2003:
(A) $1,755,000 to provide two-way communication
devices for all Amtrak conductors.
(B) $3,000,000 for 2 mobile emergency command and
communication units and rapid response teams, 1 to be
located in the Midwest and 1 on the West Coast.
(C) $651,000 for 200 to 400 radioactive material
detectors to be deployed system-wide, of which $231,000
is to be obligated or expended on the Northeast
Corridor and $420,000 is to be obligated or expended
outside the Northeast Corridor.
(D) $4,000,000 for hand-held bomb detectors for use
by police to inspect baggage and packages.
(E) $1,400,000 to screen express packages before
being placed on trains.
(F) $1,305,000 for secure locking devices on mail
and express cars that have satellite-monitoring
capability.
(G) $10,234,000 for video recording systems on road
locomotives, of which $4,859,000 is to be obligated or
expended on the Northeast Corridor and $5,375,000 is to
be obligated or expended outside the Northeast
Corridor.
(H) $6,712,000 to acquire and install satellite-
based technology to shut down any locomotive that is
not under the control of its crew.
(I) $4,320,000 to install 10 new communications
stations to enable radio communications in remote
locations and 12 satellite receivers.
(J) $4,000,000 for 4 self-propelled high-speed rail
cars designated for selective patrol and enforcement
functions, including critical incident response,
dignitary protection, and roving rail security
inspections.
(2) Allocation.--Except as provided in subparagraphs (B),
(C), and (G) of paragraph (1), 50 percent of any amounts
appropriated pursuant to paragraph (1) shall be obligated or
expended on the Northeast Corridor and 50 percent of such
amounts shall be obligated or expended outside the Northeast
Corridor.
(d) Availability of Funds.--Amounts appropriated pursuant to
subsections (a), (b), and (c) shall remain available until expended.
(e) Prohibition on Use of Equipment for Employment-Related
Purposes.--An employer may not use closed circuit television cameras
purchased with amounts authorized by this section for employee
disciplinary or monitoring purposes unrelated to transportation
security.
SEC. 102. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Not later than June 1, 2003, the
Comptroller General shall carry out a study of the rail passenger
transportation security programs that are carried out for rail
transportation systems in Japan, member nations of the European Union,
and other foreign countries.
(b) Purpose.--The purpose of the study shall be to identify
effective rail transportation security measures that are in use in
foreign rail transportation systems, including innovative measures and
screening procedures determined effective.
(c) Report.--The Comptroller General shall submit a report on the
results of the study to Congress. The report shall include the
Comptroller General's assessment regarding whether it is feasible to
implement within the United States any of the same or similar security
measures that are determined effective under the study.
SEC. 103. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) Requirement for Study and Report.--The Secretary of
Transportation shall--
(1) study the cost and feasibility of requiring security
screening for all passengers, baggage, and mail, express, and
other cargo on Amtrak trains; and
(2) report the results of the study, together with any
recommendations that the Secretary may have for implementing a
rail security screening program to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives one year after the date of enactment of this
Act.
(b) Pilot Program.--As part of the study under subsection (a), the
Secretary shall conduct a pilot program of random security screening of
passengers and baggage at 5 of the 10 busiest passenger rail stations
served by Amtrak (measured by the average number of boardings of Amtrak
passenger trains) and at up to five additional rail stations served by
Amtrak that are selected by the Secretary. In selecting the additional
train stations the Secretary shall attempt to achieve a distribution of
participating stations in terms of geographic location and size.
SEC. 104. RAIL SECURITY.
(a) Secretary of Transportation.--Section 20103(a) is amended by
striking ``safety'' and inserting ``safety, including the security of
railroad operations,''.
(b) Rail Police Officers.--Section 28101 is amended by striking
``the rail carrier'' each place it appears and inserting ``any rail
carrier''.
(c) Review of Rail Regulations.--Within 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Federal Railroad Administration's Rail Safety Advisory
Committee, shall review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which those
regulations need to be revised to improve rail safety and security.
SEC. 105. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Assessment.--The Secretary of Transportation shall
assess the security risks associated with rail transportation
and develop prioritized recommendations for--
(A) improving the security of rail tunnels, rail
bridges, rail switching areas, and other areas
identified by the Secretary as posing significant rail-
related risks to public safety and the movement of
interstate commerce, taking into account the impact
that any proposed security measure might have on the
provision of rail service;
(B) the deployment of chemical and biological
weapon detection equipment;
(C) dealing with the immediate and long-term
economic impact of measures that may be required to
address those risks; and
(D) training employees in terrorism response
activities.
(2) Existing private and public sector efforts.--The
assessment shall include a review of any actions already taken
to address identified security issues by both public and
private entities.
(3) Railroad crossing delays.--The Secretary shall include
in the assessment an analysis of the risks to public safety and
to the security of rail transportation that are associated with
long delays in the movement of trains that have stopped on
railroad grade crossings of highways, streets, and other roads
for motor vehicle traffic, especially in major metropolitan
areas. The Secretary shall include in the recommendations
developed under paragraph (1) recommended actions for
preventing such delays and reducing the risks identified in the
analysis.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Secretary shall--
(1) consult with rail management, rail labor, and public
safety officials (including officials responsible for
responding to emergencies); and
(2) utilize, to the maximum extent feasible, the resources
and assistance of--
(A) the Federal Railroad Administration's Rail
Safety Advisory Committee; and
(B) the Transportation Research Board of the
National Academy of Sciences.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report, without compromising national
security, containing--
(A) the assessment and prioritized recommendations
required by subsection (a); and
(B) any proposals the Secretary deems appropriate
for providing Federal financial, technological, or
research and development assistance to railroads to
assist the railroads in reducing the likelihood,
severity, and consequences of deliberate acts of crime
or terrorism toward rail employees, rail passengers,
rail shipments, or rail property.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $5,000,000 for fiscal year 2003 to carry
out this section, such sums to remain available until expended.
TITLE II--INTERSTATE RAILROAD PASSENGER HIGH-SPEED TRANSPORTATION
SYSTEM
SEC. 201. INTERSTATE RAILROAD PASSENGER HIGH-SPEED TRANSPORTATION
POLICY.
(a) In General.--Chapter 261 is amended by inserting before section
26101 the following:
``Sec. 26100. Policy
``(a) In General.--The Congress declares that it is the policy of
the United States that designated high-speed railroad passenger
transportation corridors are the building blocks of an interconnected
interstate railroad passenger system that serves the entire Nation.
``(b) Secretary Required To Establish National High-Speed Ground
Transportation Policy.--The Secretary of Transportation shall establish
the national high-speed ground transportation policy required by
section 309(e)(1) of this title no later than December 31, 2002.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 261 is amended by
inserting before the item relating to section 26101 the
following:
``26100. Policy.''.
(2) Section 309(e)(1) is amended by striking ``Within 12
months after the submission of the study required by subsection
(d),'' and inserting ``No later than December 31, 2002,''.
SEC. 202. HIGH-SPEED RAIL CORRIDOR PLANNING.
(a) In General.--Section 26101(a) is amended to read as follows:
``(a) Planning.--
``(1) In general.--The Secretary of Transportation shall
provide planning assistance to States or group of States and
other public agencies promoting the development of high-speed
rail corridors designated by the Secretary under section 104(d)
of title 23.
``(2) Secretary may provide direct or financial
assistance.--The Secretary may provide planning assistance
under paragraph (1) directly or by providing financial
assistance to a public agency or group of public agencies to
undertake planning activities approved by the Secretary.
``(3) 100 percent federal funding.--The Secretary may not
require any portion of the publicly financed costs associated
with eligible activities to come from non-Federal sources.
``(4) Priorities to chicago, atlanta, and dallas/fort
worth.--In determining projects to be undertaken pursuant to
this paragraph, the Secretary shall give the highest priorities
to undertaking planning in the vicinity of Union Station in
Chicago, Illinois, in metropolitan Atlanta, Georgia, and in the
Dallas/Fort Worth, Texas, area.''.
(b) Conforming and Other Amendments to Section 26101.--Section
26101 is further amended--
(1) by striking subsection (c)(2) and inserting the
following:
``(2) the extent to which the proposed planning focuses on
high-speed rail systems, giving a priority to systems which
will achieve sustained speeds of 125 miles per hour or greater
and projects involving dedicated rail passenger rights-of-
way;'';
(2) by inserting ``and'' after the semicolon in subsection
(c)(12);
(3) by striking ``completed; and'' in subsection (c)(13)
and inserting ``completed.'';
(4) by striking subsection (c)(14); and
(5) by adding at the end the following:
``(d) Operators and Certain Service Providers Deemed Rail
Carriers.--A person that conducts rail operations, or performs
catering, cleaning, construction, maintenance or other services for
rail operations, funded or otherwise receiving assistance under this
section is deemed to be a rail carrier for purposes of part A of
subtitle IV, when so operating or performing such services.''.
(c) Conforming Amendment.--Section 511(n)(1) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831(n)(1))
is amended by striking ``125'' and inserting ``90''.
(d) Financial Assistance To Include Loans and Loan Guarantees.--
Section 26105(1) is amended by inserting ``loans, loan guarantees,''
after ``contracts,''.
(e) Reinvestment of Non-Passenger Operating Profit.--Amtrak shall
invest any revenue from non-passenger operations in capital needs
outside the Northeast Corridor.
SEC. 203. IMPLEMENATION ASSISTANCE.
(a) In General.--Chapter 261 is amended by inserting after section
26101 the following:
``Sec. 26101A. Implementation of corridor plans
``(a) Implementation Assistance.--
``(1) In general.--The Secretary of Transportation shall
provide implementation assistance to States or group of States
and other public agencies promoting the development of high-
speed rail corridors designated by the Secretary under section
104(d) of title 23. The Secretary shall establish an
application and qualification process and, before providing
assistance under this section, make a determination on the
record that the applicant is qualified and eligible for
assistance under this section.
``(2) Secretary may provide direct or financial
assistance.--The Secretary may provide implementation
assistance under paragraph (1) directly or by providing
financial assistance to a public agency or group of public
agencies to undertake implementation activities approved by the
Secretary.
``(3) 100 percent federal share.--The Secretary may not
require any portion of the publicly financed costs associated
with eligible activities to come from non-Federal sources.
``(4) Contribution of land.--Notwithstanding paragraph (3),
the Secretary may accept land contributed by a State for right-
of-way, without regard to whether the State acquired the land
directly or indirectly through the use of Federal funds,
including transfers from the Highway Trust Fund under section
9503 of the Internal Revenue Code of 1986.
``(5) Priorities to chicago, atlanta, and dallas/fort
worth.--In determining projects to be undertaken pursuant to
this subsection, the Secretary shall give the highest
priorities to undertaking implementation assistance in the
vicinity of Union Station in Chicago, Illinois, in metropolitan
Atlanta, Georgia, and in the Dallas/Fort Worth, Texas, area.
``(6) Special transportation circumstances.--In carrying
out this section, the Secretary shall allocate an appropriate
portion of the amounts available for implementation assistance
to providing appropriate related assistance in any State the
rail transportation system of which--
``(A) is not physically connected to rail systems
in the continental United States; and
``(B) may not otherwise qualify for high-speed rail
implementation assistance due to the constraints
imposed on the railway infrastructure in that State due
to the unique characteristics of the geography of that
State or other relevant considerations, as determined
by the Secretary.
``(b) Eligible Implementation Activities.--The following activities
are eligible for implementation assistance under subsection (a):
``(1) Security planning and the acquisition of security and
emergency response equipment.
``(2) Operating expenses.
``(3) Infrastructure acquisition and construction of track
and facilities.
``(4) Highway-rail grade crossing eliminations and
improvements.
``(5) Acquisition of rights-of-way, locomotives, rolling
stock, track, and signal equipment.
``(c) Criteria for Determining Assistance for Implementation
Activities.--The Secretary, in selecting recipients of assistance under
subsection (a), shall--
``(1) encourage the use of positive train control
technologies;
``(2) require that any project meet any existing safety
regulations, and give preference to any project determined by
the Secretary to have particularly high levels of safety;
``(3) encourage intermodal connectivity by locating train
stations in or near airports, bus terminals, subway stations,
ferry ports, and other modes of transportation; and
``(4) ensure a general regional balance in providing such
assistance and avoid the concentration of a disproportionate
dedication of available financial assistance resources to a
single project or region of the country.
``(d) Operators and Certain Service Providers Deemed Rail
Carriers.--A person that conducts rail operations, or performs
catering, cleaning, construction, maintenance or other services for
rail operations, funded or otherwise receiving assistance under this
section is deemed to be a rail carrier for purposes of part A of
subtitle IV, when so operating or performing such services.''.
(b) Rulemaking Required.--Within 90 days after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
rulemaking to create an application and qualification procedure for
providing high-speed rail corridor implementation assistance under
section 26101A of title 49, United States Code.
(c) Conforming Amendment.--The chapter analysis for chapter 261 is
amended by inserting after the item relating to section 26101 the
following:
``26101A. Implementation of corridor plans.''.
SEC. 204. DESIGNATED HIGH-SPEED RAIL CORRIDORS.
(a) In General.--The Secretary of Transportation shall give
priority in allocating funds authorized by section 26104 of title 49,
United States Code, to designated high-speed rail corridors.
(b) Designated High-Speed Rail Corridors.--For purposes of
subsection (a), the following shall be considered to be designated
high-speed rail corridors:
(1) California Corridor connecting the San Francisco Bay
area and Sacramento to Los Angeles and San Diego.
(2) Chicago Hub Corridor Network with the following spokes:
(A) Chicago to Detroit.
(B) Chicago to Minneapolis/St. Paul, Minnesota, via
Milwaukee, Wisconsin.
(C) Chicago to Kansas City, Missouri, via
Springfield, Illinois, and St. Louis, Missouri.
(D) Chicago to Louisville, Kentucky, via
Indianapolis, Indiana, and Cincinnati, Ohio.
(E) Chicago to Cleveland, Ohio, via Toledo, Ohio.
(F) Cleveland, Ohio, to Cincinnati, Ohio, via
Columbus, Ohio.
(3) Empire State Corridor from New York City, New York,
through Albany, New York, to Buffalo, New York.
(4) Florida High-Speed Rail Corridor from Tampa through
Orlando to Miami.
(5) Gulf Coast Corridor from Houston, Texas, through New
Orleans, Louisiana, to Mobile, Alabama, with a branch from New
Orleans, through Meridian, Mississippi, and Birmingham,
Alabama, to Atlanta, Georgia.
(6) Keystone Corridor from Philadelphia, Pennsylvania,
through Harrisburg, Pennsylvania, to Pittsburgh, Pennsylvania.
(7) Northeast Corridor from Washington, District of
Columbia, through New York City, New York, New Haven,
Connecticut, and Providence, Rhode Island, to Boston,
Massachusetts, with a branch from New Haven, Connecticut, to
Springfield, Massachusetts.
(8) New England Corridor from Boston, Massachusetts, to
Portland and Auburn, Maine, and from Boston, Massachusetts,
through Concord, New Hampshire, and Montpelier, Vermont, to
Montreal, Quebec.
(9) Pacific Northwest Corridor from Eugene, Oregon, through
Portland, Oregon, and Seattle, Washington, to Vancouver,
British Columbia.
(10) South Central Corridor from San Antonio, Texas,
through Dallas/Fort Worth to Little Rock, Arkansas, with a
branch from Dallas/Fort Worth through Oklahoma City, Oklahoma,
to Tulsa, Oklahoma.
(11) Southeast Corridor from Washington, District of
Columbia, through Richmond, Virginia, Raleigh, North Carolina,
Columbia, South Carolina, Savannah, Georgia, and Jessup,
Georgia, to Jacksonville, Florida, with--
(A) a branch from Raleigh, North Carolina, through
Charlotte, North Carolina, and Greenville, South
Carolina, to Atlanta, Georgia; a branch from Richmond,
to Hampton Roads/Norfolk, Virginia;
(B) a branch from Charlotte, North Carolina, to
Columbia, South Carolina, to Charleston, South
Carolina;
(C) a connecting route from Atlanta, Georgia, to
Jessup, Georgia;
(D) a connecting route from Atlanta, Georgia, to
Charleston, South Carolina; and
(E) a branch from Raleigh, North Carolina, through
Florence, South Carolina, to Charleston, South
Carolina, and Savannah, Georgia, with a connecting
route from Florence, South Carolina, to Myrtle Beach,
South Carolina.
(12) Southwest Corridor from Los Angeles, California, to
Las Vegas, Nevada.
(c) Other High-Speed Rail Corridors.--For purposes of this section,
subsection (b)--
(1) does not limit the term ``designated high-speed rail
corridor'' to those corridors described in subsection (b); and
(2) does not limit the Secretary of Transportation's
authority--
(A) to designate additional high-speed rail
corridors; or
(B) to terminate the designation of any high-speed
rail corridor.
SEC. 205. LABOR STANDARDS.
(a) Employee Protection.--The Secretary of Transportation shall
require as a condition of any project financed in whole or in part by
funds authorized by this Act that the project be conducted in a manner
that provides a fair arrangement at least as protective of the
interests of employees who are affected by the project so funded as the
terms imposed under arrangements reached under section 141 of the
Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24706 note) on
rail carriers.
(b) Labor Standards.--
(1) Prevailing wages.--The Secretary of Transportation--
(A) shall ensure that laborers and mechanics
employed by contractors and subcontractors in
construction work financed in whole or in part by funds
authorized by this Act will be paid wages not less than
those prevailing on similar construction in the
locality, as determined by the Secretary of Labor under
the Act of March 3, 1931 (known as the Davis-Bacon Act;
40 U.S.C. 276a et seq.); and
(B) may make such funds available with respect to
construction work only after being assured that
required labor standards will be maintained on the
construction work.
(2) Wage rates.--Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C. 151
et seq.) are deemed for purposes of this subsection to comply
with the Act of March 3, 1931 (known as the Davis-Bacon Act; 40
U.S.C. 276a et seq.).
SEC. 206. RAILWAY-HIGHWAY CROSSINGS IN HIGH-SPEED RAIL CORRIDORS.
(a) In General.--The entire cost of construction of projects for
the elimination of hazards of railway-highway crossings in designated
high-speed rail corridors, including the separation or protection of
grades at crossings, the reconstruction of existing railroad grade
crossing structures, and the relocation of highways to eliminate grade
crossings, may be paid from sums authorized by subsection (k). In any
case when the elimination of the hazards of a railway-highway crossing
can be effected by the relocation of a portion of a railway at a cost
estimated by the Secretary of Transportation to be less than the cost
of such elimination by one of the methods mentioned in the first
sentence of this section, then the entire cost of such relocation
project may be paid from sums authorized by subsection (k).
(b) Classification of Projects.--The Secretary may classify the
various types of projects involved in the elimination of hazards of
high-speed rail corridor railway-highway crossings, and may set for
each such classification a percentage of the costs of construction
which shall be deemed to represent the net benefit to the railroad or
railroads for the purpose of determining the railroad's share of the
cost of construction. The percentage so determined shall in no case
exceed 10 percent of such costs. The Secretary shall determine the
appropriate classification of each project.
(c) Liability of Railroad.--Any railroad involved in a project for
the elimination of hazards of railway-highway crossings paid for in
whole or in part from sums made available under this section shall be
liable to the United States for the net benefit to the railroad
determined under the classification of such project made under
subsection (b). That liability to the United States may be discharged
by direct payment to the State transportation department of the State
in which the project is located, in which case such payment shall be
credited to the cost of the project. The payment may consist in whole
or in part of materials and labor furnished by the railroad in
connection with the construction of the project. If any such railroad
fails to discharge such liability within a 6-month period after
completion of the project, it shall be liable to the United States for
its share of the cost, and the Secretary shall request the Attorney
General to institute proceedings against such railroad for the recovery
of the amount for which it is liable under this subsection. The
Attorney General is authorized to bring such proceedings on behalf of
the United States, in the appropriate district court of the United
States, and the United States shall be entitled in such proceedings to
recover such sums as it is considered and adjudged by the court that
such railroad is liable for in the premises. Any amounts recovered by
the United States under this subsection shall be credited to
miscellaneous receipts.
(d) Survey and Schedule of Projects.--Each State shall conduct and
systematically maintain a survey of all high-speed rail corridor
railway-highway crossings to identify those railroad crossings which
may require separation, relocation, or protective devices, and
establish and implement a schedule of projects for this purpose.
(e) Funds for Protective Devices.--The Secretary shall give
priority under this section to the elimination of high-speed rail
corridor railway-highway grade crossings, but shall make funds
authorized for obligation or expenditure under this section available
for the installation of protective devices at high-speed rail corridor
railway-highway crossings where appropriate.
(f) Apportionment.--The Secretary shall apportion funds available
for obligation and expenditure under this section between high-speed
rail corridor railway-highway crossings on the Northeast Corridor and
such crossings outside the Northeast Corridor in an equitable fashion,
taking into account traffic volume, traffic patterns, frequency of
trains, adequacy of existing hazard warnings, and such other factors as
the Secretary deems appropriate.
(g) Annual Report.--The Secretary shall report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure not
later than December 30 of each year on the progress being made to
implement the railway-highway crossings program authorized by this
section and the effectiveness of such improvements. Each report shall
contain an assessment of the costs of the various treatments employed
and subsequent accident experience at improved locations. The report
shall include--
(1) the number of projects undertaken, their distribution
by cost range, road system, nature of treatment, and subsequent
accident experience at improved locations;
(2) an analysis and evaluation of the program activities in
each State, including identification of any State found not to
be in compliance with the schedule of improvements required by
subsection (d); and
(3) recommendations for future implementation of the
railway-highway crossings program under this section and
section 130 of title 23, United States Code.
(h) Use of Funds for Matching.--Funds authorized to be appropriated
to carry out this section may be used to provide a local government
with funds to be used on a matching basis when State funds are
available which may only be spent when the local government produces
matching funds for the improvement of railway-highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures.--
(1) In general.--Notwithstanding any other provision of
this section and subject to paragraphs (2) and (3), the
Secretary may make incentive payments to a local government
upon the permanent closure by such government of public at-
grade high-speed rail corridor railway-highway crossings under
its jurisdiction.
(2) Incentive payments by railroads.--The Secretary may not
make an incentive payment under paragraph (1) to a local
government with respect to the closure of a crossing unless the
railroad owning the tracks on which the crossing is located
makes an incentive payment to the government with respect to
the closure.
(3) Amount of federal incentive payment.--The amount of the
incentive payment payable to a local government under paragraph
(1) with respect to a crossing may not exceed the lesser of--
(A) the amount of the incentive payment paid to the
government with respect to the crossing by the railroad
concerned under paragraph (2); or
(B) $7,500.
(j) Coordination With Title 23 Program.--In carrying out this
section, the Secretary shall--
(1) implement this section in accordance with the
classification of projects and railroad share of the cost as
provided in section 646.210 of title 23, Code of Federal
Regulations; and
(2) coordinate the administration of this section with the
program established by section 130 of title 23, United States
Code, in order to avoid duplication of effort and to ensure the
effectiveness of both programs.
(k) Funding.--Not less than 10 percent of the amounts appropriated
for each fiscal year to carry out section 26101A shall be obligated or
expended to carry out this section.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
Section 26104 is amended to read as follows:
``Sec. 26104. Authorization of appropriations
``(a) Fiscal Years 2003 Through 2008.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2003 through
2008--
``(1) $25,000,000 for carrying out section 26101;
``(2) $1,500,000,000 for carrying out section 26101A; and
``(3) $25,000,000 for carrying out section 26102.
``(b) Funds To Remain Available.--Funds made available under this
section shall remain available until expended.
``(c) Special Rule.--Except as specifically provided in section
26101, 26101A, or 26102, no amount authorized by subsection (a) may be
used for obligation or expenditure on the Boston-to-Washington segment
of the Northeast Corridor while that segment is receiving Federal funds
for capital or operating expenses.''.
TITLE III--NATIONAL RAILROAD PASSENGER CORPORATION
SEC. 301. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM DEFINED.
(a) In General.--Section 24102 is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated the
following:
``(5) `national rail passenger transportation system'
means--
``(A) the spine of the Northeast Corridor between
Boston, Massachusetts and Washington, D.C.;
``(B) rail corridors that have been designated by
the Secretary of Transportation as high-speed
corridors, but only after they have been improved to
permit operation of high-speed service;
``(C) long-distance routes of more than 750 miles
between endpoints operated by Amtrak as of the date of
enactment of the National Defense Rail Act; and
``(D) short-distance corridors or routes operated
as of the date of enactment of the National Defense
Rail Act, unless discontinued by Amtrak.''.
(b) Amtrak Routes With State Funding.--
(1) In general.--Chapter 247 is amended by inserting after
section 27101 the following:
``Sec. 24702. Transportation requested by States, authorities, and
other persons
``(a) Contracts for Transportation.--Amtrak and a State, a regional
or local authority, or another person may enter into a contract for
Amtrak to operate an intercity rail service or route not included in
the national rail passenger transportation system upon such terms as
the parties thereto may agree.
``(b) Discontinuance.--Upon termination of a contract entered into
under this section, or the cessation of financial support under such a
contract, Amtrak may discontinue such service or route, notwithstanding
any other provision of law.''.
(2) Conforming amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to section
24701 the following:
``24702. Transportation requested by States, authorities, and other
persons.''.
SEC. 302. EXTENSION OF AUTHORIZATION.
(a) In General.--Section 24104(a) is amended--
(1) by striking ``and'' in paragraph (4);
(2) by striking ``2002,'' in paragraph (5) and inserting
``2002; and''; and
(3) by inserting after paragraph (5) the following:
``(6) such sums as are authorized by this title and by the
National Defense Rail Act for fiscal years 2003 through
2007,''.
(b) Repeal of Self-Sufficiency Requirements.
(1) Title 49 amendments.--Chapter 241 is amended--
(A) by striking the last sentence of section
24101(d); and
(B) by striking the last sentence of section
24104(a).
(2) Amtrak reform and accountability act amendments.--Title
II of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 nt) is amended by striking sections 204 and 205.
(3) Common stock redemption date.--Section 415 of the
Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304
nt) is amended by striking subsection (b).
(c) Lease Arrangements.--Amtrak may obtain services from the
Administrator of General Services, and the Administrator may provide
services to Amtrak, under section 201(b) and 211(b) of the Federal
Property and Administrative Service Act of 1949 (40 U.S.C. 481(b) and
491(b)) for fiscal year 2003 and each fiscal year thereafter.
(d) Miscellaneous Amtrak-Related Amendments.--
(1) Financial powers.--Section 415(d) of the Amtrak Reform
and Accountability Act of 1997 by adding at the end the
following:
``(3) This section does not affect the applicability of
section 3729 of title 31, United States Code, to claims made
against Amtrak.''.
(2) Application of d.c. corporation act.--Section 24301(e)
is amended by striking ``title 5, this part, and, to the extent
consistent with this part, the District of Columbia Corporation
Act (D.C. Code 29-301 et seq.)'' and inserting ``title 5 and
this part''.
(3) Application of buy american act.--Section 24305(f) is
amended to read as follows:
``(f) Domestic Buying Preferences.--The Buy American Act (41 U.S.C.
10a) and section 301 of the Trade Agreements Act of 1979 (19 U.S.C.
2511) apply to Amtrak.''.
SEC. 303. ADDITIONAL AMTRAK AUTHORIZATIONS.
(a) Excess RRTA.--There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak for fiscal year
2003, and each fiscal year thereafter, an amount equal to the amount
Amtrak must pay under section 3221 of the Internal Revenue Code of 1986
in fiscal years that is more than the amount needed for benefits for
individuals who retire from Amtrak and for their beneficiaries.
(b) Principal and Interest Payments.--
(1) Principal on debt service.--There are authorized to be
appropriated to the Secretary of Transportation for the use of
Amtrak for retirement of principal on loans for capital
equipment, or capital leases, the following amounts:
(A) For fiscal year 2003, $105,000,000.
(B) For fiscal year 2004, $93,000,000.
(C) For fiscal year 2005, $105,000,000.
(D) For fiscal year 2006, $108,000,000.
(E) For fiscal year 2007, $183,000,000.
(2) Interest on Debt.--There are authorized to be
appropriated to the Secretary of Transportation for the use of
Amtrak for the payment of interest on loans for capital
equipment, or capital leases, the following amounts:
(A) For fiscal year 2003, $160,000,000.
(B) For fiscal year 2004, $157,000,000.
(C) For fiscal year 2005, $147,000,000.
(D) For fiscal year 2006, $142,000,000.
(E) For fiscal year 2007, $134,000,000.
(c) Environmental Compliance.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
for fiscal year 2003, and each fiscal year thereafter, $30,000,000, of
which one-third shall be obligated or expended on the Northeast
Corridor and two-thirds shall be obligated or expended outside the
Northeast Corridor, in order to comply with environmental regulations.
(d) Compliance With ADA Requirements.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for each
of fiscal years 2003 through 2007, $43,000,000 for access
improvements in facilities and stations necessary to comply
with the requirements of the Americans With Disabilities Act of
1990 (42 U.S.C. 12162), including an initial assessment of the
full set of needs across the national rail passenger
transportation system, of which--
(A) $10,000,000 shall be obligated or expended on
the Northeast Corridor; and
(B) $33,000,000,000 shall be obligated or expended
outside the Northeast Corridor, of which $15,000,000
shall be obligated or expended for long-distance
trains.
(2) Best efforts requirement.--If Amtrak fails to meet the
period for compliance requirement imposed by section
242(e)(2)(A)(ii)(I) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12162(e)(2)(A)(ii)(I))--
(A) it shall not be considered discrimination for
purposes of section 202 of that Act (42 U.S.C. 12132)
or section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) if Amtrak demonstrates to the satisfaction
of the Secretary of Transportation that--
(i) Amtrak has made substantial progress
toward meeting the requirements of section
242(e)(2)(A)(ii)(I) of the Americans With
Disabilities Act of 1990 (42 U.S.C.
12162(e)(2)(A)(ii)(I)); and
(ii) Amtrak's failure to meet the period of
compliance requirement of that section is
attributable to the insufficiency of
appropriated funds; and
(B) the period for compliance under section
242(e)(2)(A)(ii)(I) of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12162(e)(2)(A)(ii)(I)) shall be
extended until--
(i) sufficient funds have been appropriated
to the Secretary of Transportation for the use
of Amtrak to enable Amtrak to comply fully with
the requirements of that section; and
(ii) a reasonable period of time for the
completion of necessary construction so funded
has passed.
SEC. 304. NORTHEAST CORRIDOR AUTHORIZATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak for fiscal year 2003,
and each fiscal year thereafter, the following amounts:
(1) $370,000,000 for capital backlog on infrastructure on
the Northeast Corridor to bring infrastructure up to state-of-
good-repair, including renewal of the South End electric
traction system, improvements on bridges and tunnels, and
interlocking and signal system renewal.
(2) $60,000,000 for capital backlog on fleet to bring
existing fleet to a state-of-good-repair, including equipment
replacement and upgrades necessary to meet current service
commitments.
(3) $40,000,000 for capital backlog on stations and
facilities, including improvements to the facility and platform
at the existing Penn Station, and bringing maintenance-of-way
facilities up to state-of-good-repair.
(4) $350,000,000 for ongoing capital infrastructure--
(A) to replace assets on a life-cycle basis;
(B) to ensure that a state-of-good-repair is
maintained in order to meet safety and reliability
standards; and
(C) to meet current service commitments.
(5) $40,000,000 for ongoing capital fleet investment to
sustain regularly scheduled maintenance, including a 120-day
cycle of preventive maintenance, and heavy overhauls on a 4-
year schedule, with interior enhancements as needed.
(6) $30,000,000 for ongoing capital improvements to
stations and facilities to provide for regular upgrades to
stations to meet current service needs, and regular
improvements to maintenance-of-equipment and maintenance-of-way
facilities.
(7) $20,000,000 for ongoing technology upgrades of
reservation, distribution, financial, and operations systems,
including hardware, software, infrastructure, and
communications.
(b) Life Safety Needs.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for fiscal year
2003:
(1) $798,000,000 for the 6 New York tunnels built in 1910
to provide ventilation, electrical, and fire safety technology
upgrades, emergency communication and lighting systems, and
emergency access and egress for passengers.
(2) $57,000,000 for the Baltimore & Potomac tunnel built in
1872 to provide adequate drainage, ventilation, communication,
lighting, and passenger egress upgrades.
(3) $40,000,000 for the Washington, D.C. Union Station
tunnels built in 1904 under the Supreme Court and House and
Senate Office Buildings to improve ventilation, communication,
lighting, and passenger egress upgrades.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
for fiscal year 2003, $3,000,000 for the preliminary design of options
for a new tunnel on a different alignment to augment the capacity of
the existing Baltimore tunnels.
(d) Corridor Growth investment.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
for corridor growth investments in the Northeast Corridor--
(1) For fiscal year 2003, $200,000,000.
(2) For fiscal year 2004, $300,000,000.
(3) For fiscal year 2005, $400,000,000.
(4) For fiscal year 2006, $500,000,000.
(5) For fiscal year 2007, $600,000,000.
(e) Financial Contribution From Other Tunnel Users.--The Secretary
shall, taking into account the need for the timely completion of all
life safety portions of the tunnel projects described in subsection
(b)--
(1) consider the extent to which rail carriers other than
Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers if feasible.
(f) Availability of Funds.--Amounts appropriated pursuant to this
section shall remain available until expended.
(g) Reinvestment of NEC Operating Profit.--Amtrak shall invest any
revenue from operations in the Northeast Corridor in capital needs of
the corridor until the backlog of capital improvements are completed
under Amtrak's 20-year plan.
SEC. 305. LONG DISTANCE TRAINS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak for fiscal year 2003,
and each fiscal year thereafter, $360,000,000 for operating costs
associated with long distance trains.
(b) Capital Backlog and Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
for fiscal year 2003, and each fiscal year thereafter, $70,000,000 to
reduce the capital backlog and to bring its existing fleet to a state-
of-good-repair, including equipment replacement and upgrades necessary
to meet current service commitments.
(c) Ongoing Capital Infrastructure Investments.--There are
authorized to be appropriated to the Secretary of Transportation for
the use of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $80,000,000 for ongoing capital infrastructure--
(1) to replace assets on a life-cycle basis;
(2) to ensure that a state-of-good-repair is maintained in
order to meet safety and reliability standards;
(3) to meet current service commitments; and
(4) to provide funds for investment in partner railroads to
operate passenger service at currently committed levels.
(d) Capital Fleet Needs.--There are authorized to be appropriated
to the Secretary of Transportation for the use of Amtrak for fiscal
year 2003, and each fiscal year thereafter, $50,000,000 for ongoing
capital fleet needs to sustain regularly scheduled maintenance,
including a 120-day cycle of preventive maintenance, and heavy
overhauls on a 4-year schedule, with interior enhancements as needed.
(e) Capital Stations and Facilities.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
for fiscal year 2003, and each fiscal year thereafter, $10,000,000 for
ongoing capital stations and facilities needs to provide regular
upgrades to stations to meet current service needs, and regular
improvements to maintenance-of-way equipment and maintenance-of-way
facilities.
(f) Technology Needs.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for fiscal year
2003, and each fiscal year thereafter, $10,000,000 for ongoing
technology needs to upgrade reservation, distribution, financial, and
operations systems, including hardware, software, infrastructure, and
communications.
SEC. 306. SHORT DISTANCE TRAINS; STATE-SUPPORTED ROUTES.
There are authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for fiscal year 2003, and each
fiscal year thereafter, for obligation and expenditure on routes
outside the Northeast Corridor--
(1) $20,000,000 for capital backlog on infrastructure to
bring infrastructure up to a state-of-good-repair, including
improvements on bridges and tunnels that are approaching the
end of their useful life and interlocking and signal system
renewal;
(2) $10,000,000 for capital backlog on its fleet to bring
Amtrak's existing fleet as of the date of enactment of this Act
to a state-of-good-repair, including equipment replacement and
upgrades necessary to meet current service commitments;
(3) $170,000,000 for ongoing capital infrastructure to
replace assets on a life-cycle basis to ensure a state-of-good-
repair is maintained in order to meet safety and reliability
standards needed to deliver current service commitments,
including investment in partner railroads to operate passenger
service at currently committed levels.
(4) $40,000,000 for ongoing capital fleet needs to sustain
regularly scheduled maintenance, including a 120-day cycle
preventive maintenance schedule, and heavy overhauls on a 4-
year schedule, with interior enhancements as needed;
(5) $10,000,000 for ongoing capital stations and facilities
needs to provide regular upgrades to stations to meet current
service needs, and regular improvements to maintenance-of-way
equipment and maintenance-of-way facilities; and
(6) $20,000,000 for ongoing technology needs to upgrade of
reservation, distribution, financial, and operations systems,
including hardware, software, infrastructure and
communications.
SEC. 307. RE-ESTABLISHMENT OF NORTHEAST CORRIDOR SAFETY COMMITTEE.
(a) Re-Establishment of Northeast Corridor Safety Committee.--The
Secretary of Transportation shall re-establish the Northeast Corridor
Safety Committee authorized by section 24905(b) of title 49, United
States Code.
(b) Termination Date.--Section 24905(b)(4) is amended by striking
``January 1, 1999,'' and inserting ``January 1, 2008,''.
SEC. 308. ON-TIME PERFORMANCE.
Section 24308 is amended by adding at the end the following:
``(f) On-Time Performance.--If the on-time performance of any
intercity passenger train averages less than 80 percent for any
consecutive 3-month period, Amtrak may petition the Surface
Transportation Board to investigate whether, and to what extent, delays
are due to causes that could reasonably be addressed by a rail carrier
over the tracks of which the intercity passenger train operates, or by
a regional authority providing commuter service, if any. In carrying
out such an investigation, the Surface Transportation Board shall
obtain information from all parties involved and make recommendations
regarding reasonable measures to improve the on-time performance of the
train.''.
SEC. 309. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section 24302 is amended to read as follows:
``Sec. 24302. Board of directors
``(a) Composition and Terms.--
``(1) The board of directors of Amtrak is composed of the
following 9 directors, each of whom must be a citizen of the
United States:
``(A) The President of Amtrak.
``(B) The Secretary of Transportation.
``(C) 7 individuals appointed by the President of
the United States, by and with the advice and consent
of the Senate, with an interest, experience, and
qualifications in or directly related to rail
transportation, including representatives of the
passenger rail transportation, travel, hospitality,
cruise line, and passenger air transportation
businesses, and consumers of passenger rail
transportation.
``(2) An individual appointed under paragraph (1)(C) of
this subsection serves for 5 years or until the individual's
successor is appointed and qualified. Not more than 4
individuals appointed under paragraph (1)(C) may be members of
the same political party.
``(3) The board shall elect a chairman and a vice chairman
from among its membership. The vice chairman shall serve as
chairman in the absence of the chairman.
``(4) The Secretary may be represented at a meeting of the
board only by the Deputy Secretary of Transportation, the
Administrator of the Federal Railroad Administration, or the
General Counsel of the Department of Transportation.
``(b) Pay and Expenses.--Each director not employed by the United
States Government is entitled to $300 a day when performing board
duties and powers. Each director is entitled to reimbursement for
necessary travel, reasonable secretarial and professional staff
support, and subsistence expenses incurred in attending board meetings.
``(c) Vacancies.--A vacancy on the board is filled in the same way
as the original selection, except that an individual appointed by the
President of the United States under subsection (a)(1)(C) of this
section to fill a vacancy occurring before the end of the term for
which the predecessor of that individual was appointed is appointed for
the remainder of that term. A vacancy required to be filled by
appointment under subsection (a)(1)(C) must be filled not later than
120 days after the vacancy occurs.
``(d) Bylaws.--The board may adopt and amend bylaws governing the
operation of Amtrak. The bylaws shall be consistent with this part and
the articles of incorporation.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2003. The members of the Amtrak Reform Board
may continue to serve until 3 directors appointed by the President
under section 24302(a) of title 49, United States Code, as amended by
subsection (a), have qualified for office.
SEC. 310. INDEPENDENT AUDIT OF AMTRAK OPERATIONS; REVIEW BY DOT IG.
(a) In General.--Amtrak shall employ an independent financial
consultant--
(1) to assess its financial accounting and reporting
system;
(2) to design and assist Amtrak in implementing a modern
financial accounting and reporting system, on the basis of the
assessment, that will produce accurate and timely financial
information in sufficient detail--
(A) to enable Amtrak to assign revenues and
expenses appropriately to each of its lines of business
activity; and
(B) to aggregate expenses and revenues related to
infrastructure and distinguish them from expenses and
revenues related to rail operations.
(b) Verification of System; Report.--The Inspector General of the
Department of Transportation shall review the accounting system
designed and implemented under subsection (a) to ensure that it
accomplishes the purposes for which it is intended. The Inspector
General shall report his findings and conclusions, together with any
recommendations, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(c) Review of Financial Status and Funding Requirements by DOT
Inspector General.--The Inspector General of the Department of
Transportation shall, as part of the Department's annual assessment of
Amtrak's financial status and capital funding requirements review the
obligation and expenditure of funds under each such funding document,
procedure, or arrangement to ensure that the expenditure and obligation
of those funds are consistent with the purposes for which they are
provided under this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
$2,500,000 for fiscal year 2003 to carry out subsection (a), such sums
to remain available until expended.
TITLE IV--MISCELLANEOUS
SEC. 401. REHABILITATION, IMPROVEMENT, AND SECURITY FINANCING.
(a) Definitions.--Section 102(7) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as
follows:
``(7) `railroad' has the meaning given that term in section
20102 of title 49, United States Code; and''.
(b) General Authority.--Section 502 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended--
(1) by striking ``Secretary may provide direct loans and
loan guarantees to State and local governments,'' in subsection
(a) and inserting ``Secretary shall provide direct loans and
loan guarantees to State and local governments, interstate
compacts entered into under section 410 of the Amtrak Reform
and Accountability Act of 1997 (49 U.S.C 24101 nt),'';
(2) by striking ``or'' in subsection (b)(1)(B);
(3) by redesignating subparagraph (C) of subsection (b)(1)
as subparagraph (D); and
(4) by inserting after subparagraph (B) of subsection
(b)(1) the following:
``(C) to acquire, improve, or rehabilitate rail
safety and security equipment and facilities; or''.
(c) Extent of Authority.--Section 502(d) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is
amended--
(1) by striking ``$3,500,000,000'' and inserting
``$35,000,000,000'';
(2) by striking ``$1,000,000,000'' and inserting
``$7,000,000,000''; and
(3) by adding at the end the following new sentence: ``The
Secretary shall not establish any limit on the proportion of
the unused amount authorized under this subsection that may be
used for 1 loan or loan guarantee.''.
(d) Cohorts of Loans.--Section 502(f) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is
amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by adding after subparagraph (D) the following
new subparagraph:
``(E) the size and characteristics of the cohort of
which the loan or loan guarantee is a member; and'';
and
(2) by adding at the end of paragraph (4) the following:
``A cohort may include loans and loan guarantees. The Secretary
shall not establish any limit on the proportion of a cohort
that may be used for 1 loan or loan guarantee.''.
(e) Conditions of Assistance.--Section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is
amended--
(1) by striking ``offered;'' in subsection (f)(2)(A) and
inserting ``offered, if any;''and
(2) by adding at the end of subsection (h) the following:
``The Secretary shall not require an applicant for a direct
loan or loan guarantee under this section to provide
collateral. The Secretary shall not require that an applicant
for a direct loan or loan guarantee under this section have
previously sought the financial assistance requested from
another source. The Secretary shall require recipients of
direct loans or loan guarantees under this section to apply the
standards of section 22301(b) and (c) of title 49, United
States Code, to their projects.''.
(f) Time Limit for Approval or Disapproval.--Section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822) is amended by adding at the end the following:
``(i) Time Limit for Approval or Disapproval.--Not later than 180
days after receiving a complete application for a direct loan or loan
guarantee under this section, the Secretary shall approve or disapprove
the application.''.
(g) Fees and Charges.--Section 503 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended--
(1) by adding at the end of subsection (k) the following:
``Funds received by the Secretary under the preceding sentence
shall be credited to the appropriation from which the expenses
of making such appraisals, determinations, and findings were
incurred.''; and
(2) by adding at the end the following new subsection:
``(l) Fees and Charges.--Except as provided in this title, the
Secretary may not assess any fees, including user fees, or charges in
connection with a direct loan or loan guarantee provided under section
502.''.
(h) Substantive Criteria and Standards.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Transportation shall publish in the Federal Register and post on the
Department of Transportation website the substantive criteria and
standards used by the Secretary to determine whether to approve or
disapprove applications submitted under section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822).
(i) Operators and Service Providers Deemed Rail Carriers.--Section
502 of the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822), as amended by subsection (f), is amended by adding at
the end the following:
``(j) Operators and Certain Service Providers Deemed Rail
Carriers.--A person that conducts rail operations, or performs
catering, cleaning, construction, maintenance, or other services for
rail operations, funded or otherwise receiving assistance under this
section is deemed to be a rail carrier for purposes of part A of
subtitle IV of title 49, United States Code, when so operating or
performing such services.''.
SEC. 402. RAIL PASSENGER COOPERATIVE RESEARCH PROGRAM.
(a) In General.--Chapter 249 is amended by adding at the end the
following:
``Sec. 24910. Passenger rail cooperative research program
``(a) In General.-- The Secretary shall establish and carry out a
rail passenger cooperative research program. The program shall--
``(1) address, among other matters, intercity rail
passenger services, including existing rail passenger
technologies and speeds, incrementally enhanced rail systems
and infrastructure, and new high-speed wheel-on-rail systems;
``(2) give consideration to research on commuter rail,
regional rail, freight rail, and other modes of rail
transportation that may affect rail passenger transportation
due to the interconnectedness of the rail passenger network
with other rail transportation services; and
``(3) give consideration to regional concerns regarding
rail passenger transportation, including meeting research needs
common to designated high-speed corridors, long-distance rail
services, and regional intercity rail corridors, projects, and
entities.
``(b) Contents.--The program to be carried out under this section
shall include research designed--
``(1) to develop more accurate models for evaluating the
indirect effects of rail passenger service, including the
effects on highway and airport and airway congestion,
environmental quality, and energy consumption;
``(2) to develop a better understanding of modal choice as
it affects rail passenger transportation, including development
of better models to predict ridership;
``(3) to recommend priorities for technology demonstration
and development;
``(4) to meet additional priorities as determined by the
advisory board established under subsection (c), including any
recommendations made by the National Research Council;
``(5) to explore improvements in management, financing, and
institutional structures;
``(6) to address rail capacity constraints that affect
passenger rail service through a wide variety of options,
ranging from operating improvements to dedicated new
infrastructure, taking into account the impact of such options
on freight and commuter rail operations; and
``(7) to improve maintenance, operations, customer service,
or other aspects of existing intercity rail passenger service
existing in 2002.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the heads of
appropriate Federal departments and agencies, the Secretary
shall establish an advisory board to recommend research,
technology, and technology transfer activities related to rail
passenger transportation.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation
agencies;
``(B) transportation and environmental economists,
scientists, and engineers; and
``(C) representatives of Amtrak, the Alaska
Railroad, transit operating agencies, intercity rail
passenger agencies, railway labor organizations, and
environmental organizations.
``(d) National Academy of Sciences.--The Secretary may make grants
to, and enter into cooperative agreements with, the National Academy of
Sciences to carry out such activities relating to the research,
technology, and technology transfer activities described in subsection
(b) as the Secretary deems appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter 249 is
amended by adding at the end the following:
``24910. Passenger rail cooperative research program.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $5,000,000 for fiscal
year 2003, and each fiscal year thereafter, to carry out section
24910(d) of title 49, United States Code.
SEC. 403. CONFORMING AMENDMENTS TO TITLE 49 REFLECTING ICC TERMINATION
ACT.
(a) Section 307.--
(1) Section 307 is amended--
(A) by striking ``Interstate Commerce Commission''
in the section heading and inserting ``Surface
Transportation Board'';
(B) by striking ``Interstate Commerce Commission''
in subsection (a) and inserting ``Surface
Transportation Board''; and
(C) by striking ``Commission'' each place it
appears and inserting ``Board''.
(2) The chapter analysis for chapter 3 is amended by
striking the item relating to section 307 and inserting the
following:
``307. Safety information and intervention in Surface Transportation
Board proceedings.''.
(b) Section 333.--Section 333 is amended--
(1) by striking ``Interstate Commerce Commission'' each
place it appears and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' in subsection (c) and
inserting ``Board''.
(c) Section 351.--Section 351(c) is amended by striking
``Interstate Commerce Commission'' and inserting ``Surface
Transportation Board''.
(d) Section 24307.--Section 24307(b)(3) is amended by striking
``Interstate Commerce Commission'' and inserting ``Surface
Transportation Board''.
(e) Section 24308.--Section 24308 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (a)(2)(A) and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' each place it appears in
subsection (a) and (b) and inserting ``Board''.
(f) Section 24311.--Section 24311 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (c)(1) and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' each place it appears in
subsection (c) and inserting ``Board''.
(g) Section 24902.--Section 24902 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsections (g)(2) and (g)(3) and inserting ``Surface
Transportation Board''; and
(2) by striking ``Commission'' each place it appears in
subsections (g)(2) and (g)(3) and inserting ``Board''.
(h) Section 24904.--Section 24904 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (c)(2) and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' each place it appears in
subsection (c) and inserting ``Board''.
SEC. 404. APPLICABILITY OF REVERSION TO ALASKA RAILROAD RIGHT-OF-WAY
PROPERTY.
Section 601(b) of the Alaska Railroad Transfer Act of 1982 (45
U.S.C. 1209(b)) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following new paragraph:
``(2)(A) The State-owned railroad may convey all right, title, and
interest of the State in any land within the right-of-way to a third
party in exchange for other land that, in substitution for the land
conveyed, is to be utilized as part of the right-of-way if the
continuity of the right-of-way corridor for transportation,
communications, and transmission purposes is provided by such use of
the substituted land.
``(B) The provisions of this section that require reversion shall
apply to the substituted land, as of the effective date of the exchange
of that land in a transaction authorized by subparagraph (A), as fully
as if the substituted land had been rail properties of the Alaska
Railroad as of January 13, 1983.
``(C) Upon the conveyance of land in a transaction authorized by
subparagraph (A), any reversionary interest in the land under this
section shall terminate.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1600-1602)
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S1602-1610)
Committee on Commerce, Science, and Transportation. Hearings held. Hearings printed: S.Hrg. 107-1078.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Hollings under authority of the order of the Senate of 05/22/2002 with an amendment in the nature of a substitute. With written report No. 107-157. Minority views filed.
Committee on Commerce, Science, and Transportation. Reported by Senator Hollings under authority of the order of the Senate of 05/22/2002 with an amendment in the nature of a substitute. With written report No. 107-157. Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 404.
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