[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1530 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1530

       To provide improved safety and security measures for rail 
 transportation, provide for improved passenger rail service, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2001

  Mr. Hollings (for himself, Mr. Biden, Mr. Breaux, Mr. Cleland, Mr. 
Schumer, Mr. Kerry, Mr. Rockefeller, Mr. Carper, Mr. Jeffords, and Mr. 
    Durbin) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
       To provide improved safety and security measures for rail 
 transportation, provide for improved passenger rail service, 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.

    This Act may be cited as the ``Railroad Advancement and 
Infrastructure Law for the 21st Century''.

SEC. 2. 1-YEAR EXTENSION OF AUTHORIZATION.

    (a) In General.--Section 24104(a) of title 49, United States Code, 
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) $1,200,000,000 for fiscal year 2003,''.
    (b) Repeal of Self-Sufficiency Requirements.--
            (1) Title 49 amendments.--Chapter 241 of title 49, United 
        States Code, 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 2002 and each fiscal year thereafter until the 
fiscal year that Amtrak operates without Federal operating grant funds 
appropriated for its benefit, as required by sections 24101(d) and 
24104(a) of title 49, United States Code.

SEC. 3. EMERGENCY AMTRAK ASSISTANCE.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation for the use of Amtrak for the 2-year period 
beginning on the date of enactment of this Act--
            (1) $471,000,000 for systemwide security upgrades, 
        including hiring and training additional police officers, 
        canine-assisted security units, and surveillance equipment;
            (2) $998,000,000 to be used to complete New York tunnel 
        life safety projects and rehabilitate tunnels in Washington, 
        D.C., and Baltimore, Maryland;
            (3) $949,000,000 for bridges, track, power, and station 
        improvements to increase capacity and improve reliability of 
        rail passenger transportation in the Northeast Corridor;
            (4) $656,000,000 for equipment, including--
                    (A) the overhauling and returning of 45 passenger 
                cars and 5 locomotives to service,
                    (B) the upgrading and overhauling of 231 passenger 
                cars and 33 locomotives, and
                    (C) the purchase of 10 new trainsets,
        of which sum at least 25 percent shall be used for operations 
        outside the Northeast Corridor (unless the Secretary determines 
        that demand for such operations outside the Northeast Corridor 
        is less than 25 percent); and
            (5) $77,000,000 for incremental operating costs, including 
        reservation centers, overtime compensation, and mechanical 
        terminals (net of incremental revenues).
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) shall remain available until expended.
    (c) Coordination With Existing Law.--Amounts made available to 
Amtrak under this section shall not be considered to be Federal 
assistance for purposes of part C of subtitle V of title 49, United 
States Code.

SEC. 4. 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) 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 22301(f) and (g) 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 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.''.
    (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 apprasals, 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 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).

SEC. 5. 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 the Railroad Advancement and Infrastructure Law for the 
21st Century.
    ``(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.
    ``(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 the Railroad Advancement and 
Infrastructure Law for the 21st Century.
    ``(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 $350,000,000 for each 
of the fiscal years 2002 through 2004 for carrying out this section.''.
    (b) Conforming Amendment.--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''.

SEC. 3. HIGH-SPEED RAIL CORRIDOR PLANNING AND DEVELOPMENT.

    (a) Corridor Planning and Development.--
            (1) Amendments.--Section 26101 of title 49, United States 
        Code, is amended--
                    (A) in the section heading, by inserting ``and 
                development'' after ``planning'';
                    (B) by inserting ``and Development'' in the heading 
                of subsection (a) after ``Planning'';
                    (C) by inserting ``and development'' after 
                ``corridor planning'' each place it appears'';
                    (D) by striking ``improvements.'' in subsection 
                (b)(1) and inserting ``improvements, or if it is an 
                activity described in subparagraph (M) or (N)'';
                    (E) by striking ``and'' at the end of subparagraph 
                (K) of subsection (b)(1);
                    (F) by striking ``partnerships.'' in subparagraph 
                (L) of subsection (b)(1) and inserting 
                ``partnerships;''; and
                    (G) by adding at the end of subsection (b)(1) the 
                following:
            ``(M) the acquisition of locomotives, rolling stock, track, 
        and signal equipment; and
            ``(N) security planning and the acquisition of security and 
        emergency response equipment.''; and
                    (H) by inserting ``and development'' after 
                ``planning'' in subsection (c)(2).
            (2) Conforming amendment.--The item relating to section 
        26101 in the table of sections of chapter 261 of title 49, 
        United States Code, is amended by inserting ``and development'' 
        after ``planning''.
    (b) Authorization of Appropriations.--Section 26104 of title 49, 
United States Code, is amended to read as follows:
``Sec. 26104. Authorization of appropriations
    ``(a) Fiscal Years 2002 Through 2009.--There are authorized to be 
appropriated to the Secretary--
            ``(1) $25,000,000 for carrying out section 26101; and
            ``(2) $25,000,000 for carrying out section 26102,
for each of the fiscal years 2002 through 2009.
    ``(b) Funds To Remain Available.--Funds made available under this 
section shall remain available until expended.''.
    (c) Designated High-Speed Rail Corridors.--The Secretary of 
Transportation shall give priority in allocating funds authorized by 
section 26104 of title 49, United States Code, to the following 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, MN., via 
                Milwaukee, WI.
                    (C) Chicago to Kansas City, MO., via Springfield, 
                IL., and St Louis, MO.
                    (D) Chicago to Louisville, KY., via Indianapolis, 
                IN., and Cincinnati, OH.
                    (E) Chicago to Cleveland, OH., via Toledo, OH.
                    (F) Cleveland, OH., to Cincinnati, OH., via 
                Columbus, OH.
            (3) Empire State Corridor from New York City, NY., through 
        Albany, N.Y. to Buffalo, N.Y.
            (4) Florida High-Speed Rail Corridor from Tampa through 
        Orlando to Miami.
            (5) Gulf Coast Corridor from Houston TX., through New 
        Orleans, LA., to Mobile, AL., with a branch from New Orleans, 
        through Meridian, MS., and Birmingham, AL., to Atlanta, GA.
            (6) Keystone Corridor from Philadelphia, PA., through 
        Harrisburg, PA., to Pittsburgh, PA.
            (7) Northeast Corridor from Washington, D.C., through New 
        York City, N.Y., New Haven, CT., and Providence, R.I., to 
        Boston, MA.
            (8) New England Corridor from Boston, MA., to Portland and 
        Auburn, ME., and from Boston, MA., through Concord, N.H., and 
        Montpelier, VT., to Montreal, P.Q.
            (9) Pacific Northwest Corridor from Eugene, OR., through 
        Portland, OR., and Seattle, WA., to Vancouver, B.C.
            (10) South Central Corridor from San Antonio, TX., through 
        Dallas/ Fort Worth to Little Rock, AK., with a branch from 
        Dallas/Fort Worth through Oklahoma City, OK., to Tulsa, OK.
            (11) Southeast Corridor from Washington, D.C., through 
        Richmond, VA., Raleigh, N.C., Columbia, S.C., Savannah, GA., 
        and Jesup, GA., to Jacksonville, FL., with a branch from 
        Raleigh, N.C., through Charlotte, N.C., and Greenville, S.C., 
        to Atlanta, GA., a branch from Richmond, to Hampton Roads/
        Norfolk, VA., and a connecting route between Atlanta, GA., to 
        Jesup, GA.
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