[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3166 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3166
To provide funding for infrastructure investment to restore the United
States economy and to enhance the security of transportation and
environmental facilities throughout the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 24, 2001
Mr. Borski (for himself, Mr. Costello, Mr. Oberstar, Mr. Holden, Mr.
McGovern, Ms. Berkley, Mr. Rahall, Mr. Lipinski, Mr. Filner, Mr.
DeFazio, Mr. Nadler, Mr. Mascara, Mr. Clement, Mr. Cummings, Mr.
Barcia, Ms. Brown of Florida, Mr. Lampson, Mr. Baird, Mr. Blumenauer,
Ms. Millender-McDonald, Mr. Larsen of Washington, Ms. Eddie Bernice
Johnson of Texas, Mr. Boswell, Mr. Pascrell, Mr. Thompson of
California, Mr. Inslee, Mr. Menendez, Mr. Sandlin, Mr. Berry, Mr.
Honda, Mr. Carson of Oklahoma, Mr. Capuano, and Ms. Norton) introduced
the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Ways and Means, Energy and Commerce, Armed Services, Financial
Services, and Agriculture, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide funding for infrastructure investment to restore the United
States economy and to enhance the security of transportation and
environmental facilities throughout the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rebuild America:
Financing Infrastructure Renewal and Security for Transportation Act of
2001''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--RAIL INFRASTRUCTURE INVESTMENT
Subtitle A--Credit for Amtrak Bonds
Sec. 101. Credit to holders of qualified Amtrak bonds.
Subtitle B--High-Speed Rail Provisions
Sec. 111. Department of Transportation approval for qualified Amtrak
projects.
Sec. 112. Multiyear capital spending plan and oversight.
Sec. 113. Issuance of regulations.
Sec. 114. Sense of Congress regarding effect on Amtrak funding.
Sec. 115. Effective date.
Subtitle C--Amtrak Capital Investment
Sec. 121. Authorization of appropriations.
Subtitle D--Capital Investment for Railroad Rehabilitation
Sec. 131. Capital grants for railroad track.
Sec. 132. Regulatory procedure amendments.
TITLE II--ENVIRONMENTAL INFRASTRUCTURE INVESTMENT
Sec. 201. General authority for capitalization grants.
Sec. 202. Capitalization grants agreements.
Sec. 203. Water pollution control revolving funds.
Sec. 204. Authorization of appropriations for clean water State
revolving funds.
Sec. 205. Wet weather.
Sec. 206. Safe drinking water State revolving funds.
TITLE III--HIGHWAY INFRASTRUCTURE INVESTMENT
Sec. 301. Federal-aid highway program obligation ceiling.
Sec. 302. Limitations on credit amounts.
TITLE IV--TRANSIT INFRASTRUCTURE INVESTMENT
Sec. 401. Additional authorizations for formula grants.
Sec. 402. Federal transit program obligation ceiling.
Sec. 403. Uniform dollar limitation for all types of transportation
fringe benefits.
TITLE V--AVIATION INFRASTRUCTURE INVESTMENT
Sec. 501. Increased funding for airport planning and development.
Sec. 502. Increased funding for airway facilities improvement.
TITLE VI--MARITIME INFRASTRUCTURE INVESTMENT
Sec. 601. Marine transportation system infrastructure.
TITLE VII--ECONOMIC DEVELOPMENT INFRASTRUCTURE INVESTMENT
Sec. 701. Public works and economic development.
Sec. 702. Appalachian regional development.
Sec. 703. Delta regional development.
TITLE VIII--WATER RESOURCES INFRASTRUCTURE INVESTMENT
Sec. 801. Increased funding for Corps of Engineers projects.
TITLE IX--PUBLIC BUILDINGS INFRASTRUCTURE INVESTMENT
Sec. 901. Security enhancements for GSA properties.
Sec. 902. Security enhancements for John F. Kennedy Center.
Sec. 903. Security enhancements for Smithsonian Institution.
TITLE X--GENERAL PROVISIONS
Sec. 1001. Priority consideration for security projects.
Sec. 1002. Temporary waiver of non-Federal share.
Sec. 1003. Maintenance of effort.
Sec. 1004. Labor standards.
Sec. 1005. Buy America.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) In 2001, the United States economy has slowed
considerably.
(2) The annual rate of growth of the gross domestic product
fell to 0.2 percent in the second quarter of 2001.
(3) Gross private domestic investment declined 12.3 percent
in the first two quarters of 2001 compared to the same period
in 2000.
(4) In September 2001, industrial production declined for
the twelfth consecutive month, the longest period of decline in
the last 50 years.
(5) The unemployment rate has continued to rise in 2001.
(6) In September 2001, payroll employment decreased by
199,000 jobs, including continued stagnant construction
employment and significant job losses (93,000) in
manufacturing.
(7) In September 2001, factory jobs declined for the
fourteenth consecutive month.
(8) In that 14-month period, a total of 1,100,000
manufacturing jobs were lost.
(9) In each week of October 2001, almost 500,000
individuals filed first-time unemployment claims, the highest
number of claims since 1992.
(10) Transportation-related goods and services contribute
more than $980,000,000,000 annually to the United States
economy.
(11) The terrorist attacks on the United States of
September 11, 2001, have been particularly devastating to
transportation-related industries and have accelerated the
decline in the Nation's economy.
(12) The airline industry alone has announced more than
100,000 layoffs since the terrorist attacks of September 11th.
(13) The terrorist attacks of September 11th also
highlighted the vulnerabilities of the United States
transportation system to terrorist attacks.
(14) Terrorists often target transportation systems for
attack.
(15) According to the Department of State, transportation
and transportation infrastructure were the target of 42 percent
of all international terrorist attacks in 1998.
(16) The United States transportation and environmental
infrastructure systems remain vulnerable to terrorist attacks
and the Nation must invest the necessary resources to enhance
the security of its systems.
(17) The Nation also continues to face enormous non-
security transportation and environmental infrastructure needs.
(18) In 68 urban areas, highway congestion alone costs
travelers 4,500,000,000 hours of delay, 6,800,000,000 gallons
of wasted fuel, and $78,000,000,000 in cost productivity and
wasted fuel (more than three times the $22,000,000,000 cost in
1982).
(19) Similarly, States estimate that 40 percent of assessed
waters, or 20,000 discrete areas of the Nation's lakes, rivers,
streams, and coastal waters, do not meet State water quality
standards.
(20) States, cities, transit authorities, airport
authorities, and other entities have ready-to-go infrastructure
projects, which will create long-term capital assets for the
United States and which can help stimulate the Nation's
economy.
(21) Each $1,000,000,000 invested in infrastructure
construction creates approximately 42,000 jobs and
$2,100,000,000 in economic activity.
(b) Purposes.--The purposes of this Act are as follows:
(1) To invest in the Nation's infrastructure to enhance the
security of rail, environmental, highway, transit, aviation,
maritime, water resources, and public buildings infrastructure.
(2) To create jobs and economic activity to put people back
to work and stimulate the Nation's economy.
(3) To create long-term capital assets for the Nation that
will help the United States address its enormous infrastructure
needs and improve its economic productivity.
(4) To demonstrate the commitment of the Federal Government
to economic recovery, thereby increasing the confidence of
consumers and businesses.
TITLE I--RAIL INFRASTRUCTURE INVESTMENT
Subtitle A--Credit for Amtrak Bonds
SEC. 101. CREDIT TO HOLDERS OF QUALIFIED AMTRAK BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end the following new subpart:
``Subpart H--Nonrefundable Credit for Holders of Qualified Amtrak Bonds
``Sec. 54. Credit to holders of qualified
Amtrak bonds.
``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED AMTRAK BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified Amtrak bond on a credit allowance date of such bond which
occurs during the taxable year, there shall be allowed as a credit
against the tax imposed by this chapter for such taxable year an amount
equal to the sum of the credits determined under subsection (b) with
respect to credit allowance dates during such year on which the
taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a qualified Amtrak bond is 25 percent of the annual credit
determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any qualified Amtrak bond is the product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(2), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of sale of the issue) on outstanding long-term corporate
debt obligations (determined under regulations prescribed by
the Secretary).
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than this subpart and subpart C).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(e) Qualified Amtrak Bond.--For purposes of this part, the term
`qualified Amtrak bond' means any bond issued as part of an issue if--
``(1) 95 percent or more of the proceeds from the sale of
such issue are to be used for expenditures incurred after the
date of the enactment of this section for any qualified
project,
``(2) the bond is issued by the National Railroad Passenger
Corporation, is in registered form, and meets the bond
limitation requirements under subsection (f),
``(3) the issuer designates such bond for purposes of this
section,
``(4) the issuer certifies that it meets the State
contribution requirement of subsection (k) with respect to such
project, as in effect on the date of the enactment of this
section,
``(5) the issuer certifies that it has obtained the written
approval of the Secretary of Transportation for such project in
accordance with section 26301 of title 49, United States Code,
as in effect on the date of the enactment of this section,
``(6) the term of each bond which is part of such issue
does not exceed 20 years,
``(7) the payment of principal with respect to such bond is
the obligation of the National Railroad Passenger Corporation,
and
``(8) the issue meets the requirements of subsection (g)
(relating to arbitrage).
``(f) Limitations on Amount of Bonds Designated.--
``(1) In general.--There is a qualified Amtrak bond
limitation for each fiscal year. Such limitation is--
``(A) $1,500,000,000 for each of the fiscal years
2002 through 2011, and
``(B) zero after fiscal year 2011.
``(2) Limits on bonds for northeast rail corridor and
individual states.--
``(A) Northeast rail corridor.--Not more than
$3,000,000,000 of the limitation under paragraph (1)
may be designated for qualified projects on the
northeast rail corridor between Washington, D.C., and
Boston, Massachusetts.
``(B) Individual states.--Not more than
$3,000,000,000 of the limitation under paragraph (1)
may be designated for any individual State. The dollar
limitation under this subparagraph is in addition to
the dollar limitation for the qualified projects
described in subparagraph (A).
``(3) Limit on bonds for other projects.--Not more than
$100,000,000 of the limitation under paragraph (1) for any
fiscal year may be designated for all qualified projects
described in subsection (j)(1)(C).
``(4) Carryover of unused limitation.--If for any fiscal
year--
``(A) the limitation amount under paragraph (1),
exceeds
``(B) the amount of bonds issued during such year
which are designated under subsection (e)(3),
the limitation amount under paragraph (1) for the following
fiscal year (through fiscal year 2015) shall be increased by
the amount of such excess.
``(g) Special Rules Relating to Arbitrage.--
``(1) In general.--Subject to paragraph (2), an issue shall
be treated as meeting the requirements of this subsection if as
of the date of issuance, the issuer reasonably expects--
``(A) to spend at least 95 percent of the proceeds
from the sale of the issue for 1 or more qualified
projects within the 3-year period beginning on such
date,
``(B) to incur a binding commitment with a third
party to spend at least 10 percent of the proceeds from
the sale of the issue, or to commence construction,
with respect to such projects within the 6-month period
beginning on such date, and
``(C) to proceed with due diligence to complete
such projects and to spend the proceeds from the sale
of the issue.
``(2) Rules regarding continuing compliance after 3-year
determination.--If at least 95 percent of the proceeds from the
sale of the issue is not expended for 1 or more qualified
projects within the 3-year period beginning on the date of
issuance, but the requirements of paragraph (1) are otherwise
met, an issue shall be treated as continuing to meet the
requirements of this subsection if either--
``(A) the issuer uses all unspent proceeds from the
sale of the issue to redeem bonds of the issue within
90 days after the end of such 3-year period, or
``(B) the following requirements are met:
``(i) The issuer spends at least 75 percent
of the proceeds from the sale of the issue for
1 or more qualified projects within the 3-year
period beginning on the date of issuance.
``(ii) Either--
``(I) the issuer spends at least 95
percent of the proceeds from the sale
of the issue for 1 or more qualified
projects within the 4-year period
beginning on the date of issuance, or
``(II) the issuer pays to the
Federal Government any earnings on the
proceeds from the sale of the issue
that accrue after the end of the 3-year
period beginning on the date of
issuance and uses all unspent proceeds
from the sale of the issue to redeem
bonds of the issue within 90 days after
the end of the 4-year period beginning
on the date of issuance.
``(h) Recapture of Portion of Credit Where Cessation of
Compliance.--
``(1) In general.--If any bond which when issued purported
to be a qualified Amtrak bond ceases to be such a qualified
bond, the issuer shall pay to the United States (at the time
required by the Secretary) an amount equal to the sum of--
``(A) the aggregate of the credits allowable under
this section with respect to such bond (determined
without regard to subsection (c)) for taxable years
ending during the calendar year in which such cessation
occurs and the 2 preceding calendar years, and
``(B) interest at the underpayment rate under
section 6621 on the amount determined under
subparagraph (A) for each calendar year for the period
beginning on the first day of such calendar year.
``(2) Failure to pay.--If the issuer fails to timely pay
the amount required by paragraph (1) with respect to such bond,
the tax imposed by this chapter on each holder of any such bond
which is part of such issue shall be increased (for the taxable
year of the holder in which such cessation occurs) by the
aggregate decrease in the credits allowed under this section to
such holder for taxable years beginning in such 3 calendar
years which would have resulted solely from denying any credit
under this section with respect to such issue for such taxable
years.
``(3) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (2) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under paragraph (2) shall not be treated as a tax
imposed by this chapter for purposes of determining--
``(i) the amount of any credit allowable
under this part, or
``(ii) the amount of the tax imposed by
section 55.
``(i) Trust Account.--
``(1) In general.--The following amounts shall be held in a
trust account by a trustee independent of the National Railroad
Passenger Corporation:
``(A) The proceeds from the sale of all bonds
designated for purposes of this section.
``(B) The amount of any matching contributions with
respect to such bonds.
``(C) The temporary period investment earnings on
proceeds from the sale of such bonds.
``(D) Any earnings on any amounts described in
subparagraph (A), (B), or (C).
``(2) Use of funds.--Amounts in the trust account may be
used only to pay costs of qualified projects and redeem
qualified Amtrak bonds, except that amounts withdrawn from the
trust account to pay costs of qualified projects may not exceed
the aggregate proceeds from the sale of all qualified Amtrak
bonds issued under this section.
``(3) Use of remaining funds in trust account.--Upon the
redemption of all qualified Amtrak bonds issued under this
section, any remaining amounts in the trust account described
in paragraph (1) shall be available to the issuer for any
qualified project.
``(j) Qualified Project.--For purposes of this section--
``(1) In general.--The term `qualified project' means--
``(A) the acquisition, financing, or refinancing of
equipment, rolling stock, and other capital
improvements (including the introduction of new high-
speed technologies such as magnetic levitation
systems), including track or signal improvements or the
elimination of grade crossings, for the northeast rail
corridor between Washington, D.C., and Boston,
Massachusetts,
``(B) the acquisition, financing, or refinancing of
equipment, rolling stock, and other capital
improvements (including the introduction of new high-
speed technologies such as magnetic levitation
systems), including development of intermodal
facilities, track or signal improvements, or the
elimination of grade crossings, for the improvement of
train speeds or safety (or both) on the high-speed rail
corridors designated under section 104(d)(2) of title
23, United States Code, as in effect on the date of the
enactment of this section, and
``(C) the acquisition, financing, or refinancing of
equipment, rolling stock, and other capital
improvements, including station rehabilitation or
construction, development of intermodal facilities,
track or signal improvements, or the elimination of
grade crossings, for the improvement of train speeds or
safety (or both) for other intercity passenger rail
corridors and for the Alaska Railroad.
``(2) Refinancing rules.--For purposes of paragraph (1), a
refinancing shall constitute a qualified project only if the
indebtedness being refinanced (including any obligation
directly or indirectly refinanced by such indebtedness) was
originally incurred by the issuer--
``(A) after the date of the enactment of this
section,
``(B) for a term of not more than 3 years,
``(C) to finance or acquire capital improvements
described in paragraph (1), and
``(D) in anticipation of being refinanced with
proceeds of a qualified Amtrak bond.
``(k) State Contribution Requirements.--
``(1) In general.--For purposes of subsection (e)(4), the
State contribution requirement of this subsection is met with
respect to any qualified project if the National Railroad
Passenger Corporation has received from 1 or more States, not
later than the date of issuance of the bond, matching
contributions of not less than 20 percent of the cost of the
qualified project.
``(2) No state contribution requirement for certain
qualified projects.--The State contribution requirement of this
subsection is zero with respect to the following projects:
``(A) Any qualified project for the acquisition and
installation of platform facilities, performance of
railroad force account work necessary to complete
improvements below street grade, and any other
necessary improvements related to construction at the
railroad station at the James A. Farley Post Office
Building in New York City, New York.
``(B) Any project described in subsection (j)(1)(C)
for the Alaska Railroad.
``(3) State matching contributions may not include federal
funds.--For purposes of this subsection, State matching
contributions shall not be derived, directly or indirectly,
from Federal funds, including any transfers from the Highway
Trust Fund under section 9503.
``(l) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Treatment of changes in use.--For purposes of
subsection (e)(1), the proceeds from the sale of an issue shall
not be treated as used for a qualified project to the extent
that the issuer takes any action within its control which
causes such proceeds not to be used for a qualified project.
The Secretary shall prescribe regulations specifying remedial
actions that may be taken (including conditions to taking such
remedial actions) to prevent an action described in the
preceding sentence from causing a bond to fail to be a
qualified Amtrak bond.
``(3) Partnership; s corporation; and other pass-thru
entities.--Under regulations prescribed by the Secretary, in
the case of a partnership, trust, S corporation, or other pass-
thru entity, rules similar to the rules of section 41(g) shall
apply with respect to the credit allowable under subsection
(a).
``(4) Bonds held by regulated investment companies.--If any
qualified Amtrak bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(5) Reporting.--Issuers of qualified Amtrak bonds shall
submit reports similar to the reports required under section
149(e).''.
(b) Amendments to Other Code Sections.--
(1) Reporting.--Subsection (d) of section 6049 of the
Internal Revenue Code of 1986 (relating to returns regarding
payments of interest) is amended by adding at the end the
following new paragraph:
``(8) Reporting of credit on qualified amtrak bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(d) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(b)(4)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A), subsection
(b)(4) shall be applied without regard to subparagraphs
(A), (H), (I), (J), (K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(2) Treatment for estimated tax purposes.--
(A) Individual.--Section 6654 of such Code
(relating to failure by individual to pay estimated
income tax) is amended by redesignating subsection (m)
as subsection (n) and by inserting after subsection (l)
the following new subsection:
``(m) Special Rule for Holders of Qualified Amtrak Bonds.--For
purposes of this section, the credit allowed by section 54 to a
taxpayer by reason of holding a qualified Amtrak bond on a credit
allowance date shall be treated as if it were a payment of estimated
tax made by the taxpayer on such date.''.
(B) Corporate.--Section 6655 of such Code (relating
to failure by corporation to pay estimated income tax)
is amended by adding at the end of subsection (g) the
following new paragraph:
``(5) Special rule for holders of qualified amtrak bonds.--
For purposes of this section, the credit allowed by section 54
to a taxpayer by reason of holding a qualified Amtrak bond on a
credit allowance date shall be treated as if it were a payment
of estimated tax made by the taxpayer on such date.''.
(3) Exclusion from gross income of contributions by Amtrak
to other rail carriers.--
(A) In general.--Section 118 of the Internal
Revenue Code of 1986 (relating to contributions to the
capital of a corporation) is amended by redesignating
subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Special Rule for Contributions by Amtrak to Other Rail
Carriers.--For purposes of this section, the term `contribution to the
capital of the taxpayer' does not include any contribution by the
National Railroad Passenger Corporation of personal or real property
funded by the proceeds of qualified Amtrak bonds under section 54.''.
(B) Conforming amendment.--Subsection (b) of such
section 118 is amended by striking ``subsection (c)''
and inserting ``subsections (c) and (d)''.
(4) Protection of highway trust fund.--Section 9503 of such
Code (relating to Highway Trust Fund) is amended by adding at
the end the following new subsection:
``(g) Special Rule Relating to National Railroad Passenger
Corporation.--Except as provided in subsection (c), as in effect on the
date of the enactment of this subsection, amounts in the Highway Trust
Fund may not be used to provide funds to the National Railroad
Passenger Corporation for any purpose, including issuance of any
qualified Amtrak bond pursuant to section 54. The preceding sentence
may not be waived by any provision of law which is not contained or
referenced in this title, whether such provision of law is a
subsequently enacted provision or directly or indirectly seeks to waive
the application of such sentence.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
item:
``Subpart H. Nonrefundable Credit for
Holders of Qualified Amtrak
Bonds.''.
(2) Section 6401(b)(1) is amended by striking ``and G'' and
inserting ``G, and H''.
(d) Annual Report by Treasury on Amtrak Trust Account.--The
Secretary of the Treasury shall annually report to Congress as to
whether the amount deposited in the trust account established by the
National Railroad Passenger Corporation under section 54(i) of the
Internal Revenue Code of 1986, as added by this section, is sufficient
to fully repay at maturity the principal of any outstanding qualified
Amtrak bonds issued pursuant to section 54 of such Code (as so added),
together with amounts expected to be deposited into such account, as
certified by the National Railroad Passenger Corporation in accordance
with procedures prescribed by the Secretary of the Treasury.
(e) Issuance of Regulations.--The Secretary of the Treasury shall
issue regulations required under section 54 of the Internal Revenue
Code of 1986 (as added by this section) not later than 90 days after
the date of the enactment of this Act.
(f) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of enactment of this Act.
Subtitle B--High-Speed Rail Provisions
SEC. 111. DEPARTMENT OF TRANSPORTATION APPROVAL FOR QUALIFIED AMTRAK
PROJECTS.
(a) Amendment.--Part D of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 263--HIGH-SPEED RAIL INITIATIVES
``Sec.
``26301. Department of Transportation approval for qualified high-speed
rail projects.
``26302. Qualified projects.
``26303. State contribution requirements.''.
``Sec. 26301. Department of Transportation approval for qualified high-
speed rail projects
``(a) In General.--The written approval of a qualified project by
the Secretary of Transportation required for purposes of subsection
(e)(5) of section 54 of the Internal Revenue Code of 1986 (relating to
credit to holders of qualified Amtrak bonds) shall include--
``(1) the finding by the Inspector General of the
Department of Transportation described in subsection (b);
``(2) the certification by the Secretary of Transportation
described in subsection (c); and
``(3) the agreement by the National Railroad Passenger
Corporation described in subsection (d).
``(b) Finding by Inspector General.--For purposes of subsection
(a), the finding described in this subsection is a finding by the
Inspector General of the Department of Transportation that there is a
reasonable likelihood that the proposed project will result in a
positive financial contribution to the National Railroad Passenger
Corporation and that the investment evaluation process includes
consideration of a return on investment, leveraging of funds (including
State capital and operating contributions), cost effectiveness, safety
improvement, mobility improvement, and feasibility.
``(c) Certification.--For purposes of subsection (a), the
certification described in this subsection is a certification by the
Secretary of Transportation that the issuer of the qualified Amtrak
bond--
``(1) except with respect to projects described in section
54(j)(1)(C) of the Internal Revenue Code of 1986, has entered
into a written agreement with the owners of rail properties
which are to be improved by the project to be funded by the
qualified Amtrak bond, as to the scope and estimated cost of
such project and the impact on rail freight capacity; and
``(2) has met the State contribution requirements described
in section 26303.
The National Railroad Passenger Corporation shall not exercise its
rights under section 24308(a)(2) to resolve disputes with respect to a
project to be funded by a qualified Amtrak bond, or with respect to the
cost of such a project, unless the project is intended to result in
railroad speeds of 79 miles per hour or less.
``(d) Agreement by Amtrak To Issue Additional Bonds for Projects of
Other Carriers.--
``(1) In general.--For purposes of subsection (a), the
agreement described in this subsection is an agreement by the
National Railroad Passenger Corporation with the Secretary of
Transportation to issue bonds which meet the requirements of
section 54 of the Internal Revenue Code of 1986 for use in
financing projects described in paragraph (2).
``(2) Projects covered.--For purposes of paragraph (1), the
projects described in this paragraph are any project described
in subsection (j)(1)(B) or (j)(1)(C) of section 54 of the
Internal Revenue Code of 1986 for an intercity rail passenger
carrier other than the National Railroad Passenger Corporation
or for the Alaska Railroad.
``(3) Additional requirements.--Any project financed by
bonds referred to in paragraph (1) shall be carried out by the
intercity rail passenger carrier other than the National
Railroad Passenger Corporation, through a contract entered into
by the National Railroad Passenger Corporation with such
carrier. Such other intercity rail passenger carrier, in
carrying out the project, shall be subject to the provisions of
this subtitle governing the National Railroad Passenger
Corporation.
``(4) Definition.--For purposes of this subsection, the
term `intercity rail passenger carrier' means any rail carrier
(as such term is defined in section 24102(7)) that is part of
the interstate system of rail transportation and that provides
intercity rail passenger transportation (as such term is
defined in section 24102(5)).
``(e) Additional Selection Criteria.--In determining projects to be
approved under this section (other than projects for the Alaska
Railroad), or to be included in an agreement under subsection (d), the
Secretary of Transportation shall give preference to--
``(1) any project with a State matching contribution rate
exceeding 20 percent;
``(2) projects expected to have a significant impact on air
traffic congestion;
``(3) projects expected to also improve commuter rail
operations;
``(4) projects that anticipate fares designed to recover
costs and generate a return on investment; and
``(5) projects that promote regional balance in
infrastructure investment and the national interest in ensuring
the development of a nationwide high-speed rail transportation
network.
``Sec. 26302. Qualified projects
``For purposes of this chapter--
``(1) In general.--The term `qualified project' means--
``(A) the acquisition, financing, or refinancing of
equipment, rolling stock, and other capital
improvements (including the introduction of new high-
speed technologies such as magnetic levitation
systems), including track or signal improvements or the
elimination of grade crossings, for the northeast rail
corridor between Washington, D.C., and Boston,
Massachusetts;
``(B) the acquisition, financing, or refinancing of
equipment, rolling stock, and other capital
improvements (including the introduction of new high-
speed technologies such as magnetic levitation
systems), including development of intermodal
facilities, track or signal improvements, or the
elimination of grade crossings, for the improvement of
train speeds or safety (or both) on the high-speed rail
corridors designated under section 104(d)(2) of title
23, United States Code, as in effect on the date of the
enactment of this section; and
``(C) the acquisition, financing, or refinancing of
equipment, rolling stock, and other capital
improvements, including station rehabilitation or
construction, development of intermodal facilities,
track or signal improvements, or the elimination of
grade crossings, for the improvement of train speeds or
safety (or both) for other intercity passenger rail
corridors and for the Alaska Railroad.
``(2) Refinancing rules.--For purposes of paragraph (1), a
refinancing shall constitute a qualified project only if the
indebtedness being refinanced (including any obligation
directly or indirectly refinanced by such indebtedness) was
originally incurred by the issuer--
``(A) after the date of the enactment of this
section;
``(B) for a term of not more than 3 years;
``(C) to finance or acquire capital improvements
described in paragraph (1); and
``(D) in anticipation of being refinanced with
proceeds of a qualified Amtrak bond.
``Sec. 26303. State contribution requirements
``(a) In General.--For purposes of section 26301(c)(2), the State
contribution requirement of this section is met with respect to any
qualified project if the National Railroad Passenger Corporation has
received from 1 or more States, not later than the date of issuance of
the bond, matching contributions of not less than 20 percent of the
cost of the qualified project.
``(b) No State Contribution Requirement for Certain Qualified
Projects.--The State contribution requirement of this section is zero
with respect to the following projects:
``(1) Any qualified project for the acquisition and
installation of platform facilities, performance of railroad
force account work necessary to complete improvements below
street grade, and any other necessary improvements related to
construction at the railroad station at the James A. Farley
Post Office Building in New York City, New York.
``(2) Any project described in subsection (j)(1)(C) of
section 54 of the Internal Revenue Code of 1986 for the Alaska
Railroad.
``(c) State Matching Contributions May Not Include Federal Funds.--
For purposes of this section, State matching contributions shall not be
derived, directly or indirectly, from Federal funds, including
any transfers from the Highway Trust Fund under section 9503 of the
Internal Revenue Code of 1986.''.
(b) Table of Chapters Amendment.--The table of chapters of subtitle
V of title 49, United States Code, is amended by inserting after the
item relating to chapter 261 the following new item:
``263. HIGH-SPEED RAIL INITIATIVES.......................... 26301''.
SEC. 112. MULTIYEAR CAPITAL SPENDING PLAN AND OVERSIGHT.
(a) Amendment.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 24316. Multiyear capital spending plan and oversight
``(a) Amtrak Capital Spending Plan.--
``(1) In general.--The National Railroad Passenger
Corporation shall annually submit to the President and Congress
a multiyear capital spending plan, as approved by the Board of
Directors of the Corporation.
``(2) Contents of plan.--Such plan shall identify the
capital investment needs of the Corporation over a period of
not less than 5 years and the funding sources available to
finance such needs and shall prioritize such needs according to
corporate goals and strategies.
``(3) Initial submission date.--The first plan shall be
submitted before the issuance of any qualified Amtrak bonds by
the National Railroad Passenger Corporation pursuant to section
54 of the Internal Revenue Code of 1986.
``(b) Oversight of Qualified Projects.--The Secretary of
Transportation shall contract for an annual independent assessment of
the costs and benefits of the qualified projects financed by qualified
Amtrak bonds pursuant to section 54 of the Internal Revenue Code of
1986, including an assessment of the investment evaluation process of
the Corporation. The annual assessment shall be included in the plan
submitted under subsection (a).''.
(b) Table of Sections Amendment.--The table of sections of chapter
243 of title 49, United States Code, is amended by adding after the
item relating to section 24315 the following new item:
``24316. Multiyear capital spending plan and oversight.''.
SEC. 113. ISSUANCE OF REGULATIONS.
The Secretary of Transportation shall issue regulations for
carrying out chapter 263 of title 49, United States Code (as added by
section 111 of this Act), not later than 90 days after the date of the
enactment of this Act.
SEC. 114. SENSE OF CONGRESS REGARDING EFFECT ON AMTRAK FUNDING.
It is the sense of the Congress that the proceeds of qualified
Amtrak bonds issued under section 54 of the Internal Revenue Code of
1986 are intended to finance the construction of qualified projects (as
defined in section 26302 of title 49, United States Code, as added by
section 111 of this Act) and are not intended to meet the regular,
ongoing capital funding needs of the National Railroad Passenger
Corporation.
SEC. 115. EFFECTIVE DATE.
The amendments made by this subtitle shall apply to obligations
issued after the date of the enactment of this Act.
Subtitle C--Amtrak Capital Investment
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
Section 24104(a) of title 49, United States Code, is amended--
(1) by inserting ``(1)'' after ``In General.--'';
(2) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively; and
(3) by adding at the end the following new paragraph:
``(2) There are authorized to be appropriated to the Secretary of
Transportation $3,000,000,000 for fiscal year 2002 for the benefit of
Amtrak for capital expenditures including--
``(A) New York, Washington, D.C., and Baltimore tunnel life
safety projects;
``(B) bridges, tracks, and other improvements to increase
the capacity and reliability of rail passenger transportation;
and
``(C) equipment, including acquisition of trainsets and
rolling stock, for operation in federally designated corridors.
At least \2/3\ of amounts expended under subparagraph (C) shall be for
operations outside the Northeast Corridor.''.
Subtitle D--Capital Investment for Railroad Rehabilitation
SEC. 131. CAPITAL GRANTS FOR RAILROAD TRACK.
(a) Amendment.--Chapter 223 of title 49, United States Code, is
amended to read as follows:
``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK
``Sec.
``22301. Capital grants for railroad track.
``Sec. 22301. Capital grants for railroad track
``(a) Establishment of Program.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program of capital grants for the rehabilitation,
preservation, or improvement of railroad track (including
roadbed, bridges, and related track structures) of class II and
class III railroads. Such grants shall be for rehabilitating,
preserving, or improving track used primarily for freight
transportation to a standard ensuring that the track can be
operated safely and efficiently, including grants for
rehabilitating, preserving, or improving track to handle
286,000 pound rail cars. Grants may be provided under this
chapter--
``(A) directly to the class II or class III
railroad; or
``(B) with the concurrence of the class II or class
III railroad, to a State or local government.
``(2) State cooperation.--Class II and class III railroad
applicants for a grant under this chapter are encouraged to
utilize the expertise and assistance of State transportation
agencies in applying for and administering such grants. State
transportation agencies are encouraged to provide such
expertise and assistance to such railroads.
``(3) Interim regulations.--Not later than December 31,
2001, the Secretary shall issue temporary regulations to
implement the program under this section. Subchapter II of
chapter 5 of title 5 does not apply to a temporary regulation
issued under this paragraph or to an amendment to such a
temporary regulation.
``(4) Final regulations.--Not later than October 1, 2002,
the Secretary shall issue final regulations to implement the
program under this section.
``(b) Maximum Federal Share.--The maximum Federal share for
carrying out a project under this section shall be 80 percent of the
project cost. The non-Federal share may be provided by any non-Federal
source in cash, equipment, or supplies. Other in-kind contributions may
be approved by the Secretary on a case by case basis consistent with
this chapter.
``(c) Project Eligibility.--For a project to be eligible for
assistance under this section the track must have been operated or
owned by a class II or class III railroad as of the date of the
enactment of this section.
``(d) Use of Funds.--Grants provided under this section shall be
used to implement track capital projects as soon as possible. In no
event shall grant funds be contractually obligated for a project later
than the end of the third Federal fiscal year following the year in
which the grant was awarded. Any funds not so obligated by the end of
such fiscal year shall be returned to the Secretary for reallocation.
``(e) Additional Purpose.--In addition to making grants for
projects as provided in subsection (a), the Secretary may also make
grants to supplement direct loans or loan guarantees made under title V
of the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822(d)), for projects described in the last sentence of section
502(d) of such title. Grants made under this subsection may be used, in
whole or in part, for paying credit risk premiums, lowering rates of
interest, or providing for a holiday on principal payments. Credit risk
premiums funded under this section shall be exempt from the non-Federal
source requirement of section 502(f)(1) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(1)).
``(f) Employee Protection.--The Secretary shall require as a
condition of any grant made under this section that the recipient
railroad provide a fair arrangement at least as protective of the
interests of employees who are affected by the project to be funded
with the grant as the terms imposed under section 11326(a), as in
effect on the date of the enactment of this section.
``(g) Labor Standards.--
``(1) Prevailing wages.--The Secretary shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed by a grant made
under this section 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.).
The Secretary shall make a grant under this section 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.).
``(h) Study.--The Secretary shall conduct a study of the projects
carried out with grant assistance under this section to determine the
public interest benefits associated with the light density railroad
networks in the States and their contribution to a multimodal
transportation system. Not later than March 31, 2003, the Secretary
shall report to Congress any recommendations the Secretary considers
appropriate regarding the eligibility of light density rail networks
for Federal infrastructure financing.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $500,000,000 for fiscal
year 2002 for carrying out this section.''.
(b) Conforming Amendments.--(1) The item relating to chapter 223 in
the table of chapters of subtitle V of title 49, United States Code, is
amended to read as follows:
``223. CAPITAL GRANTS FOR RAILROAD TRACK.................... 22301''.
(2) Section 502(d) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822(d)) is amended--
(A) by striking ``$3,500,000,000'' and inserting
``$5,000,000,000''; and
(B) by striking ``$1,000,000,000'' and inserting
``$1,500,000,000''.
SEC. 132. REGULATORY PROCEDURE AMENDMENTS.
(a) 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.''.
(b) Conditions of Assistance.--Section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is
amended--
(1) in subsection (f)(2)(A), by inserting ``, if any''
after ``collateral offered''; 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 26106(a)(5) of title 49, United States Code, to
their projects, except for projects primarily benefiting Class III
freight railroads.''.
(c) 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 new subsection:
``(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.''.
(d) Fees and Charges.--Section 503 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended 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.''.
(e) 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 web site 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).
TITLE II--ENVIRONMENTAL INFRASTRUCTURE INVESTMENT
SEC. 201. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all
that follows through the period and inserting ``to accomplish the
objectives, goals, and policies of this Act.''.
SEC. 202. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C.
1382(b)(6)) is amended--
(1) by striking ``treatment works'' the first place it
appears and inserting ``activities'';
(2) by striking ``before fiscal year 1995'' and all that
follows through ``grants under this title'' and inserting
``with funds made available by capitalization grants under this
title (including repayments thereof)''; and
(3) by striking ``201(b)'' and all that follows through
``218'' and inserting ``204(b)(1), 211''.
(b) Guidance for Small Systems.--Section 602 of the Federal Water
Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end
the following new subsection:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of the enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of the enactment of this subsection, and after
providing notice and opportunity for public comment, the
Administrator shall publish a manual to assist small systems in
obtaining assistance under this title and publish in the
Federal Register notice of the availability of the manual.
``(3) Small system defined.--For purposes of this title,
the term `small system' means a system for which a municipality
or intermunicipal, interstate, or State agency seeks assistance
under this title and which serves a population of 20,000 or
fewer.''.
SEC. 203. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended to
read as follows:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The amounts of funds available to each
State water pollution control revolving fund shall be used only
for providing financial assistance to a municipality,
intermunicipal agency, interstate agency, State agency, or
other person for activities which have as a principal benefit
the improvement or protection of water quality. Such activities
may include the following:
``(A) Construction of a publicly owned treatment
works (as defined in section 212 of this Act).
``(B) Implementation of lake protection programs
and projects under section 314.
``(C) Implementation of a management program
established under section 319.
``(D) Implementation of a conservation and
management plan established under section 320.
``(E) Restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights.
``(F) Implementation of measures to improve the
efficiency of public water use.
``(G) Development and implementation of plans by a
public recipient to prevent water pollution.
``(H) Acquisition of lands necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(2) Fund amounts.--The water pollution control revolving
fund of a State shall be established, maintained, and credited
with repayments, and the fund balance shall be available in
perpetuity for providing financial assistance for activities
described in paragraph (1). Fees charged by a State to
recipients of such assistance may be deposited in the fund for
the sole purpose of financing the cost of administration of
this title.''.
(b) Extended Repayment Period for Financially Distressed
Communities.--Section 603(d)(1) of the Federal Water Pollution Control
Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A) by inserting after ``20 years'' the
following: ``or, in the case of a financially distressed
community, the lesser of 40 years or the expected life of the
project to be financed with the proceeds of the loan''; and
(2) in subparagraph (B) by striking ``not later than 20
years after project completion'' and inserting ``upon the
expiration of the term of the loan''.
(c) Administrative Expenses.--Section 603(d)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by
inserting before the period at the end the following: ``or $400,000 per
year or \1/2\ percent per year of the current valuation of such fund,
whichever is greatest, plus the amount of any fees collected by the
State for such purpose under subsection (c)(2)''.
(d) Technical and Planning Assistance for Small Systems.--Section
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d))
is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations;
except that such amounts shall not exceed 2 percent of all
grant awards to such fund under this title.''.
(e) Principal Subsidization.--Section 603 of the Federal Water
Pollution Control Act is amended by adding at the end the following:
``(i) Principal Subsidization.--In any case in which a State makes
a loan pursuant to subsection (d)(1) to a financially distressed
community, the State may provide additional subsidization, including
forgiveness of principal. The total amount of loan subsidies made by a
State under this subsection in a fiscal year may not exceed 30 percent
of the amount of the capitalization grant received by the State in such
fiscal year.
``(j) Financially Distressed Community Defined.--In this section,
the term `financially distressed community' means any community that
meets affordability criteria established by the State in which the
treatment works is located, if such criteria are developed after public
review and comment.
``(k) Information To Assist States.--The Administrator may publish
information to assist States in establishing affordability criteria
under subsection (j).
``(l) Priority.--A State may give priority to a financially
distressed community in making loans from its water pollution control
revolving fund.''.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR CLEAN WATER STATE
REVOLVING FUNDS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $5,000,000,000 as an additional amount for fiscal
year 2002.''.
SEC. 205. WET WEATHER.
Section 221(f) of the Federal Water Pollution Control Act (33
U.S.C. 1301(f)) is amended by inserting after the first sentence the
following: ``In addition, there is authorized to be appropriated to
carry out this section an additional $1,500,000,000 for fiscal year
2002.''.
SEC. 206. SAFE DRINKING WATER STATE REVOLVING FUNDS.
Section 1452(m) of title XIV of the Public Health Service Act
(commonly known as the ``Safe Drinking Water Act'') (42 U.S.C. 300j-
12(m)) is amended by inserting after the first sentence the following:
``In addition, there is authorized to be appropriated to carry out this
section an additional $1,500,000,000 for fiscal year 2002.''.
TITLE III--HIGHWAY INFRASTRUCTURE INVESTMENT
SEC. 301. FEDERAL-AID HIGHWAY PROGRAM OBLIGATION CEILING.
Section 1102 of the Transportation Equity Act for the 21st Century
(112 Stat. 115) is amended by adding at the end the following:
``(j) Increase in Obligation Limit for Fiscal Year 2002.--
Notwithstanding any other provision of law, limitations on obligations
imposed by subsection (a) for fiscal year 2002 shall be increased by
$5,000,000,000. Such sum shall be distributed in accordance with this
section, except that a program subject to a reduction in funds under
subsection (f) shall receive an amount of obligation authority equal to
the amount of contract authority available for such program in such
fiscal year.''.
SEC. 302. LIMITATIONS ON CREDIT AMOUNTS.
Section 188(c) of title 23, United States Code, is amended--
(1) by striking ``For each of'' and inserting the
following:
``(1) In general.--For each of'';
(2) by adding at the end the following:
``(2) Special rule.--Notwithstanding any other provision of
law, principal amounts of Federal credit instruments authorized
under this subsection for fiscal years 1999, 2000, and 2001
that have not been made available shall be available in fiscal
years 2002 and 2003, in addition to amounts authorized for such
fiscal years.''; and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this section) preceding the
table with paragraph (2) (as added by paragraph (2) of this
section).
TITLE IV--TRANSIT INFRASTRUCTURE INVESTMENT
SEC. 401. ADDITIONAL AUTHORIZATIONS FOR FORMULA GRANTS.
(a) From the Trust Fund.--Section 5338(a)(2)(A)(iv) of title 49,
United States Code, is amended by striking ``$2,873,600,000'' and
inserting ``$5,273,600,000''.
(b) From the General Fund.--Section 5338(a)(2)(B)(iv) of title 49,
United States Code, is amended by striking ``$718,400,000'' and
inserting ``$1,318,400,000''.
(c) Availability of Amounts.--Notwithstanding sections 5307(k)(2)
and section 5336(i), any increase in the amounts apportioned to a
recipient attributable to the amendments made by subsections (a) and
(b) of this section may be obligated by the recipient for 1 year after
the last day of the fiscal year in which the amount is apportioned. Not
later than 30 days after the end of the 1-year period, an amount that
is not obligated at the end of that period shall be added to the amount
that may be apportioned under the urbanized area formula program of
section 5336 of title 49, United States Code.
SEC. 402. FEDERAL TRANSIT PROGRAM OBLIGATION CEILING.
Section 3040(4) of the Transportation Equity Act for the 21st
Century (112 Stat. 338) is amended by striking ``$6,747,000,000'' and
inserting ``$9,747,000,000''.
SEC. 403. UNIFORM DOLLAR LIMITATION FOR ALL TYPES OF TRANSPORTATION
FRINGE BENEFITS.
(a) In General.--Subparagraph (A) of section 132(f)(2) of the
Internal Revenue Code of 1986 (relating to limitation on exclusion) is
amended by striking ``$100'' and inserting ``$175''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
TITLE V--AVIATION INFRASTRUCTURE INVESTMENT
SEC. 501. INCREASED FUNDING FOR AIRPORT PLANNING AND DEVELOPMENT.
(a) In General.--Section 48103(4) of title 49, United States Code,
is amended by striking ``$3,300,000,000'' and inserting
``$5,355,000,000.''.
(b) Discretionary Fund.--Section 47115 of title 49, United States
Code, is amended by adding at the end the following:
``(i) Additional Amount To Be Credited to Fund for Fiscal Year
2002.--
``(1) In general.--In addition to other amounts credited to
the fund under this section, there shall be credited to the
fund $2,055,000,000 out of amounts made available to the
Secretary for fiscal year 2002 under section 48103(4).
``(2) Apportionment categories do not apply.--Section
47117(e) does not apply to amounts credited to the fund under
this subsection.''.
(c) Conforming Amendment.--Section 47114 of title 49, United States
Code, is amended by adding at the end the following:
``(g) Special Rule for Fiscal Year 2002.--Of the funds made
available by section 48103(4), the amount subject to apportionment
under this section shall be reduced by the amount credited to the
discretionary fund under section 47115(i).''.
SEC. 502. INCREASED FUNDING FOR AIRWAY FACILITIES IMPROVEMENT.
Section 48101(a)(4) of title 49, United States Code, is amended by
striking ``$2,914,000,000'' and inserting ``$3,859,000,000''.
TITLE VI--MARITIME INFRASTRUCTURE INVESTMENT
SEC. 601. MARINE TRANSPORTATION SYSTEM INFRASTRUCTURE.
(a) Maritime Loan Guarantees.--For expenses under the loan
guarantee program authorized by title XI of the Merchant Marine Act,
1936 (46 App. U.S.C. 1271 et seq.) there is authorized to be
appropriated, in addition to any other amounts authorized for such
expenses, $100,000,000 for fiscal years 2002 and 2003, of which--
(1) $87,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program, including the
costs of modifying such loans, of which $5,000,000 shall be
used to guarantee loans for ferries using a streamlined
process; and
(2) $13,000,000 is for administrative expenses related to
loan guarantee commitments under the program.
(b) Marine Transportation System Improvement Grants.--
(1) Grants authority.--The Secretary of Transportation may
make a grant to the operator of any port or maritime cargo
terminal in the United States to acquire the best available
technology, equipment, or infrastructure to expedite the
transportation of cargo through the port or terminal,
respectively.
(2) Qualified projects.--A project shall not qualify for a
grant under this section unless it provides technology,
equipment, or infrastructure that will significantly increase
the actual throughput of cargo through a port or terminal
facility.
(3) Cost sharing.--The Federal share of the cost of a
project carried out with a grant under this subsection shall
not exceed 50 percent.
(4) Regulations.--The Secretary shall, before July 1, 2002,
prescribe final regulations for issuing grants under this
subsection.
(5) Authorization of appropriations.--For grants under this
subsection there is authorized to be appropriated to the
Secretary $500,000,000 for fiscal years 2002 and 2003.
TITLE VII--ECONOMIC DEVELOPMENT INFRASTRUCTURE INVESTMENT
SEC. 701. PUBLIC WORKS AND ECONOMIC DEVELOPMENT.
Section 701 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3231) is amended--
(1) by inserting ``(a) In General.--'' before ``There are
authorized''; and
(2) by adding at the end the following:
``(b) Additional Authorization.--In addition to amounts authorized
by subsection (a), there are authorized to be appropriated to carry out
this Act $900,000,000 for fiscal year 2002. Such sums shall remain
available until September 30, 2003.''.
SEC. 702. APPALACHIAN REGIONAL DEVELOPMENT.
Section 401 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by adding at the end the following:
``(c) Additional Authorization.--In addition to amounts authorized
by subsection (a), there are authorized to be appropriated to the
Commission to carry out this Act $200,000,000 for fiscal year 2002.
Such sums shall remain available until September 30, 2003.''.
SEC. 703. DELTA REGIONAL DEVELOPMENT.
Section 382M of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009aa-12) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
``(b) Additional Authorization.--In addition to amounts authorized
by subsection (a), there are authorized to be appropriated to the
Authority to carry out this subtitle $200,000,000 for fiscal year 2002.
Such sums shall remain available until September 30, 2003.''; and
(3) in subsection (c) (as so redesignated) by striking
``subsection (a)'' and inserting ``subsections (a) and (b)''.
TITLE VIII--WATER RESOURCES INFRASTRUCTURE INVESTMENT
SEC. 801. INCREASED FUNDING FOR CORPS OF ENGINEERS PROJECTS.
(a) Authorization of Appropriations.--In addition to other amounts
authorized to be appropriated, there are authorized to be appropriated
to the Secretary of the Army $1,200,000,000 for fiscal year 2002 to
carry out construction, operation, and maintenance activities for
authorized civil functions under the supervision of the Chief of
Engineers. Such sums shall remain available until September 30, 2003.
(b) Allocation of Amounts for Security Purposes.--Of the amounts
appropriated pursuant to subsection (a), not less than $263,000,000
shall be available for security purposes at critical infrastructure, as
identified by the Secretary of the Army.
TITLE IX--PUBLIC BUILDINGS INFRASTRUCTURE INVESTMENT
SEC. 901. SECURITY ENHANCEMENTS FOR GSA PROPERTIES.
(a) Authorization of Appropriations.--In addition to other amounts
credited to the Federal Buildings Fund established pursuant to section
210(f) of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 490(f)), there is authorized to be appropriated $500,000,000
for fiscal year 2002 to be credited to the Fund. Such sums shall remain
available until September 30, 2003.
(b) Use of Funds.--Amounts credited to the Fund under this section
shall be available to the Administrator of General Services to carry
out projects and activities for enhancing the security of properties
under the control of the General Services Administration, including
general purpose office space, courthouses, and border crossing
stations, and for other repair and alteration purposes.
SEC. 902. SECURITY ENHANCEMENTS FOR JOHN F. KENNEDY CENTER.
Section 12 of the John F. Kennedy Center Act (20 U.S.C. 76r) is
amended by adding at the end the following:
``(d) Additional Authorization.--In addition to the amounts
authorized under subsections (a) and (b), there is authorized to be
appropriated to the Board $50,000,000 for fiscal year 2002 to carry out
projects and activities for enhancing the security of the building and
site of the John F. Kennedy Center for the Performing Arts and other
projects and activities under subparagraphs (F), (G), and (H) of
section 4(a)(1).''.
SEC. 903. SECURITY ENHANCEMENTS FOR SMITHSONIAN INSTITUTION.
In addition to other amounts authorized to be appropriated, there
is authorized to be appropriated to the Smithsonian Institution
$50,000,000 for fiscal year 2002 to carry out projects and activities
for enhancing the security of the buildings and grounds of the
Smithsonian Institution and for other capital improvement or repair and
alteration purposes.
TITLE X--GENERAL PROVISIONS
SEC. 1001. PRIORITY CONSIDERATION FOR SECURITY PROJECTS.
The head of a Federal department or agency may provide financial
assistance with any increase in funds authorized or made available by,
or with any increase in obligation authority made available by, this
Act (including the amendments made by this Act) only if the recipient
of such assistance certifies to the head of such department or agency
that the recipient will give priority consideration to programs or
projects that enhance security, to the extent that such programs or
projects are immediately ready to be implemented.
SEC. 1002. TEMPORARY WAIVER OF NON-FEDERAL SHARE.
(a) In General.--Notwithstanding any other provision of law and
subject to subsection (b), in providing financial assistance for a
program or project with any increase in funds authorized or made
available by, or with any increase in obligation authority made
available by, this Act (including the amendments made by this Act
(other than subtitle A of title I of this Act)), the head of a Federal
department or agency, upon request of the recipient of such assistance,
may increase the Federal share of the cost of the program or project to
not to exceed 100 percent of such cost.
(b) Repayments.--Before increasing the Federal share of the cost of
a program or project under subsection (a), the head of a Federal
department or agency shall enter into a legally binding agreement with
the recipient of financial assistance for the program or project under
which the recipient agrees to repay the United States for the increased
Federal share of the program or project on or before September 30,
2003.
SEC. 1003. MAINTENANCE OF EFFORT.
The head of a Federal department or agency may provide financial
assistance for a program or project with any increase in funds
authorized or made available by, or with any increase in obligation
authority made available by, this Act (including the amendments made by
this Act) for a fiscal year only if the recipient of such assistance
certifies to the head of such department or agency that the aggregate
expenditure of funds of the recipient, exclusive of Federal funds, for
such program or project will be maintained at a level that does not
fall below the average level of such expenditure for the preceding 2
fiscal years of the recipient.
SEC. 1004. LABOR STANDARDS.
(a) Prevailing Wages.--The head of a Federal department or agency
providing financial assistance with any increase in funds authorized or
made available by, or with any increase in obligation authority made
available by, this Act (including the amendments made by this Act)
shall ensure that laborers and mechanics employed by contractors and
subcontractors in construction work financed by such financial
assistance 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.). The head of the department or agency shall provide such
financial assistance only after being assured that required labor
standards will be maintained on the construction work.
(b) 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 section to comply with the Act of March 3,
1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.).
SEC. 1005. BUY AMERICA.
(a) Preference.--The head of a Federal department or agency may
provide financial assistance for a project with any increase in funds
authorized or made available by, or with any increase in obligation
authority made available by, this Act (including the amendments made by
this Act) only if steel and manufactured goods used in the project are
produced in the United States.
(b) Waiver.--The head of a Federal department or agency may waive
subsection (a) if the head of the Federal department or agency finds
that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) the steel and goods produced in the United States are
not produced in a sufficient and reasonably available amount or
are not of a satisfactory quality;
(3) when procuring a facility or equipment with any
increase in funds or obligation authority described in
subsection (a)--
(A) the cost of components and subcomponents
produced in the United States is more than 60 percent
of the cost of all components of the facility or
equipment; and
(B) final assembly of the facility or equipment has
occurred in the United States; or
(4) including domestic material will increase the cost of
the overall project by more than 25 percent.
(c) Labor Costs.--In this section, labor costs involved in final
assembly are not included in calculating the cost of components.
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