[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 104 Introduced in Senate (IS)]




108th CONGRESS
  1st Session
                                 S. 104

     To establish a national rail passenger transportation system, 
  reauthorize Amtrak, improve security and service on Amtrak, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2003

Mr. Hollings (for himself, Mr. Bayh, Mr. Biden, Mrs. Boxer, Mr. Breaux, 
  Mr. Burns, Ms. Cantwell, Mr. Carper, Mrs. Clinton, Ms. Collins, Mr. 
 Corzine, Mr. Dodd, Mr. Dorgan, Mr. Durbin, Mr. Jeffords, Mr. Kennedy, 
  Mr. Lautenberg, Mr. Leahy, Ms. Mikulski, Mr. Miller, Mr. Reid, Mr. 
    Sarbanes, Mr. Schumer, Ms. Snowe, Mr. Specter, and Mr. Stevens) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To establish a national rail passenger transportation system, 
  reauthorize Amtrak, improve security and service on Amtrak, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Defense 
Rail Act''.
    (b) Amendment of Title 49.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49; table of contents.
Sec. 2. Findings.
                 TITLE I--RAIL TRANSPORTATION SECURITY

Sec. 101. Rail transportation security risk assessment.
Sec. 102. Rail security.
Sec. 103. Study of foreign rail transport security programs.
Sec. 104. Passenger, baggage, and cargo screening.
Sec. 105. Certain personnel limitations not to apply.
Sec. 106. Authorization of appropriations.
   TITLE II--INTERSTATE RAILROAD PASSENGER HIGH-SPEED TRANSPORTATION 
                                 SYSTEM

Sec. 201. Interstate railroad passenger high-speed transportation 
                            policy.
Sec. 202. High-speed rail corridor planning.
Sec. 203. Implemenation assistance.
Sec. 204. Designated high-speed rail corridors.
Sec. 205. Labor standards.
Sec. 206. Railway-highway crossings in high-speed rail corridors.
Sec. 207. Authorization of appropriations.
           TITLE III--NATIONAL RAILROAD PASSENGER CORPORATION

Sec. 301. National railroad passenger transportation system defined.
Sec. 302. Amtrak authorizations.
Sec. 303. Additional Amtrak authorizations.
Sec. 304. Northeast Corridor authorizations.
Sec. 305. Long distance trains.
Sec. 306. Short distance trains; State-supported routes.
Sec. 307. Re-establishment of Northeast Corridor Safety Committee.
Sec. 308. On-time performance.
Sec. 309. Amtrak board of directors.
Sec. 310. Establishment of financial accounting system for Amtrak 
                            operations by independent auditor.
Sec. 311. Development of 5-year financial plan.
Sec. 312. Revised reporting methodology required.
Sec. 313. Appropriated amounts to be spent proportionately.
Sec. 314. Independent auditor to establish criteria for Amtrak route 
                            and service planning decisions.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Rehabilitation, improvement, and security financing.
Sec. 402. Rail passenger cooperative research program.
Sec. 403. Conforming amendments to title 49 reflecting ICC Termination 
                            Act.
Sec. 404. Applicability of reversion to Alaska Railroad right-of-way 
                            property.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Financial investment in passenger rail infrastructure 
        is critical, and Federal leadership is required to address the 
        needs of a reliable, safe, secure passenger rail network, just 
        as has been used in establishing the interstate highway system 
        and the Federal aviation network.
            (2) Lack of investment and attention to the needs of 
        passenger rail infrastructure has resulted in a weak passenger 
        rail network, and has caused a strain on the capacity of other 
        modes of transportation in many areas of the country. According 
        to the Department of Transportation, in 1999 the cost of wasted 
        time and extra fuel consumption due to delays on congested 
        roads was estimated at $78 billion.
            (3) Passenger rail is an integral part of the United States 
        transportation system, and, as can be evidenced in the 
        Northeast Corridor, relieves the pressures of congestion on 
        highways and at airports, and creates a more balanced system of 
        transportation alternatives.
            (4) Passenger rail service has been a vital instrument in 
        the transportation needs of our nation. For instance, during 
        World War II, the privately owned, operated, and constructed 
        railroad industry transported 90 percent of all defense 
        freight, and 97 percent of all defense personnel transported to 
        points of embarkation for theaters of action. By the end of the 
        war, railroads accounted for three quarters of the share of the 
        common carrier share of intercity traffic, with airplanes and 
        buses sharing the remaining quarter of traffic.
            (5) Significant attention and Federal funding were required 
        to construct the Eisenhower System of Interstate and Defense 
        Highways. The Federal Aid Highway Act of 1956 established a 
        Highway Trust Fund based upon Federal user taxes in order to 
        finance up to 90 percent of the costs of the $25 billion dollar 
        highway construction plan.
            (6) Federal policies with respect to investment in aviation 
        resulted in a strengthened aviation industry and the rapid 
        development of air passenger service, and by the late 1960's 
        most rail companies were petitioning the government to 
discontinue passenger services because of losses.
            (7) Amtrak was established in 1971 by the Rail Passenger 
        Service Act of 1970 to provide passenger rail services in the 
        United States as a public service; at the time of Amtrak's 
        formation, freight railroads were losing money on unprofitable 
        passenger rail operations. Since 1971 Amtrak has received only 
        $25 billion in public subsidies; during that period, the United 
        States invested over $570 billion on highways and aviation.
            (8) The Amtrak Reform and Accountability Act of 1997, and 
        preceding statutes, resulted in creating conflicting missions 
        for the National Railroad Passenger Corporation of both serving 
        a public function by operating unprofitable long-distance 
        routes while also attempting to operate at a profit. This 
        policy has also restricted Amtrak's profit potential on the 
        Northeast Corridor by limiting the capital expenditures to help 
        defray other costs.
            (9) Due to a lack of capital investment, the Northeast 
        Corridor has accumulated a backlog of repair needs, including 
        life safety and security needs. Investment in the capital needs 
        of the Northeast Corridor would result in capacity improvements 
        which would result in greater utilization of the existing 
        infrastructure.
            (10) The Department of Transportation Inspector General's 
        2001 Assessment of Amtrak's Financial Performance and 
        Requirements (Report #CR-2002-075) found that Amtrak's lack of 
        available capital has impeded its efforts to achieve financial 
        goals.
            (11) In order to attempt to meet the mandate of the Amtrak 
        Reform and Accountability Act of 1997, Amtrak has been forced 
        to delay capital improvement projects and other projects which 
        would produce long-term benefits.
            (12) The Department of Transportation Inspector General's 
        2001 Assessment of Amtrak's Financial Performance and 
        Requirements (Report #CR-2002-075) found that Amtrak's most 
        profitable operations are on the Northeast Corridor, where 
        Federal investment in passenger rail infrastructure has been 
        significantly higher than anywhere else in the country.
            (13) Federal investments in capital projects to support 
        passenger rail in areas other than the Northeast Corridor would 
        result in improved service and increase profitability.
            (14) The need for a balanced interstate and international 
        transportation system that provides a viable alternative to 
        travel by private automobile or commercial aircraft is 
        particularly evident after the events of September 11, 2001.
            (15) As a matter of national security, a strong passenger 
        rail network would provide travelers an alternative to highway 
        and air travel, which could lead to reduced United States 
        reliance on foreign oil imports.
            (16) In fiscal year 2001, the United States spent less than 
        1 percent of all transportation modal spending on intercity 
        passenger rail, and since 1998 Amtrak has received only $2.8 
        billion of the $5.3 billion it has been authorized to receive 
        by Congress.
            (17) Passenger rail in the United States has no stable 
        funding source, in contrast to highways, aviation, and transit.
            (18) Per capita spending on passenger rail is much higher 
        in other countries than the United States and, in fact, the 
        United States ranks behind other countries including Canada, 
        Japan, France, Great Britain, Italy, Spain, Austria, 
        Switzerland, Belgium, Sweden, Luxembourg, Denmark, Ireland, 
        Norway, the Czech Republic, Finland, Slovakia, Portugal, 
        Poland, South Africa, Greece, and Estonia.
            (19) The United States needs to engage in long-term 
        planning to foster and address future passenger transportation 
        growth and show forethought regarding transportation solutions 
        rather than be forced to act due to an impending crisis.
            (20) It is in the national interest to preserve passenger 
        rail service in the United States and to maintain the solvency 
        of the National Railroad Passenger Corporation.
            (21) Long-term planning and support for passenger rail will 
        help offset the emerging problems created by transportation 
        congestion, and contribute to a cleaner and more 
        environmentally-friendly transportation system.
            (22) A comprehensive re-evaluation of our nation's rail 
        passenger policy is required and a clearly defined role for 
        Amtrak and a connected rail passenger network must be 
        established.
            (23) The Federal government must take the primary 
        responsibility for developing national railroad passenger 
        transportation infrastructure, and help ensure that it 
        functions as an efficient network. Privatization of the rail 
        passenger industry in Great Britain has been disastrous and 
        passenger service has suffered overall.
            (24) The nation should be afforded the opportunity to 
        receive safe, efficient, and cost-effective rail passenger 
        services, taking into account all benefits to the nation as a 
        whole.

                 TITLE I--RAIL TRANSPORTATION SECURITY

SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Assessment.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Transportation, shall assess 
        the security risks associated with freight and intercity 
        passenger rail transportation and develop prioritized 
        recommendations for--
                    (A) improving the security of rail infrastructure 
                and facilities, terminals, tunnels, rail bridges, rail 
                switching areas, and other areas identified by the 
                Secretary as posing significant rail-related risks to 
                public safety and the movement of interstate commerce, 
                taking into account the impact that any proposed 
                security measure might have on the provision of rail 
service;
                    (B) deploying chemical and biological weapon 
                detection equipment;
                    (C) training employees in terrorism response 
                activities; and
                    (D) identifying the immediate and long-term 
                economic impact of measures that may be required to 
                address those risks.
            (2) Existing private and public sector efforts.--The 
        assessment shall include a review of any actions already taken 
        or prospective actions necessary to address identified security 
        issues by both public and private entities.
            (3) Railroad crossing delays.--The Secretary shall include 
        in the assessment an analysis of the risks to public safety and 
        to the security of rail transportation that are associated with 
        long delays in the movement of trains that have stopped on 
        railroad grade crossings of highways, streets, and other roads 
        for motor vehicle traffic, especially in major metropolitan 
        areas. The Secretary shall include in the recommendations 
        developed under paragraph (1) recommended actions for 
        preventing such delays and reducing the risks identified in the 
        analysis.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Secretary shall consult with 
rail management, rail labor, facility owners and operators, and public 
safety officials (including officials responsible for responding to 
emergencies).
    (c) Report.--
            (1) Contents.--Within 180 days after the date of enactment 
        of this Act, the Secretary shall transmit to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure a report, without compromising national 
        security, containing the assessment and prioritized 
        recommendations required by subsection (a).
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $515,000,000 for fiscal year 2004 to 
carry out this section, implement the measures contained in the 
Secretary's prioritized recommendations, and award grants for purposes 
identified in the assessment in subsection (a), such sums to remain 
available until expended.

SEC. 102. RAIL SECURITY.

    (a) Rail Police Officers.--Section 28101 is amended by striking 
``the rail carrier'' each place it appears and inserting ``any rail 
carrier''.
    (b) Review of Rail Regulations.--Within 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Department of Homeland Security, shall review existing rail 
regulations of the Department of Transportation for the purpose of 
identifying areas in which those regulations need to be revised to 
improve rail safety and security.

SEC. 103. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

    (a) Requirement for Study.--Not later than December 1, 2004, the 
Comptroller General shall carry out a study of the rail passenger 
transportation security programs that are carried out for rail 
transportation systems in Japan, member nations of the European Union, 
and other foreign countries.
    (b) Purpose.--The purpose of the study shall be to identify 
effective rail transportation security measures that are in use in 
foreign rail transportation systems, including innovative measures and 
screening procedures determined effective.
    (c) Report.--The Comptroller General shall submit a report on the 
results of the study to Congress. The report shall include the 
Comptroller General's assessment regarding whether it is feasible to 
implement within the United States any of the same or similar security 
measures that are determined effective under the study.

SEC. 104. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    (a) Requirement for Study and Report.--The Secretary of Homeland 
Security shall--
            (1) study the cost and feasibility of requiring security 
        screening for all passengers, baggage, and mail, express, and 
        other cargo on Amtrak trains; and
            (2) report the results of the study, together with any 
        recommendations that the Secretary may have for implementing a 
        rail security screening program to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives one year after the date of enactment of this 
        Act.
    (b) Pilot Program.--As part of the study under subsection (a), the 
Secretary shall conduct a pilot program of random security screening of 
passengers and baggage at 5 of the 10 busiest passenger rail stations 
served by Amtrak (measured by the average number of boardings of Amtrak 
passenger trains) and at up to five additional rail stations served by 
Amtrak that are selected by the Secretary. In selecting the additional 
train stations the Secretary shall attempt to achieve a distribution of 
participating stations in terms of geographic location and size.

SEC. 105. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration of the Department of 
Transportation, before or after its transfer to the Department of 
Homeland Security, does not apply to the extent that any such employees 
are responsible for implementing the provisions of this title.

   TITLE II--INTERSTATE RAILROAD PASSENGER HIGH-SPEED TRANSPORTATION 
                                 SYSTEM

SEC. 201. INTERSTATE RAILROAD PASSENGER HIGH-SPEED TRANSPORTATION 
              POLICY.

    (a) In general.--Chapter 261 is amended by inserting before section 
26101 the following:
``Sec. 26100. Policy.
      ``(a) In General.--The Congress declares that it is the policy of 
the United States that designated high-speed railroad passenger 
transportation corridors are the building blocks of an interconnected 
interstate railroad passenger system that serves the entire Nation.
    ``(b) Secretary Required To Establish National High-speed Ground 
Transportation Policy.--The Secretary of Transportation shall establish 
the national high-speed ground transportation policy required by 
section 309(e)(1) of this title no later than December 31, 2003.''.
    (b) Conforming Amendments.--
            (1) The chapter analysis for chapter 261 is amended by 
        inserting before the item relating to section 26101 the 
        following:

``26100. Policy''.
            (2) Section 309(e)(1) is amended by striking ``Within 12 
        months after the submission of the study required by subsection 
        (d),'' and inserting ``No later than December 31, 2003,''.

SEC. 202. HIGH-SPEED RAIL CORRIDOR PLANNING.

    (a) In General.--Section 26101(a) is amended to read as follows:
    ``(a) Planning.--
            ``(1) In general.--The Secretary of Transportation shall 
        provide planning assistance to States or group of States and 
        other public agencies promoting the development of high-speed 
        rail corridors designated by the Secretary under section 104(d) 
        of title 23.
            ``(2) Secretary may provide direct or financial 
        assistance.--The Secretary may provide planning assistance 
        under paragraph (1) directly or by providing financial 
        assistance to a public agency or group of public agencies to 
        undertake planning activities approved by the Secretary.
            ``(3) 100 percent federal funding.--The Secretary may 
        permit, but may not require, a portion of the publicly financed 
        costs associated with eligible activities to come from non-
        Federal sources.
            ``(4) Priorities to chicago, atlanta, dallas/fort worth, 
        portland, and orlando.--In determining projects to be 
        undertaken pursuant to this paragraph, the Secretary shall give 
        the highest priorities to undertaking planning in the vicinity 
        of Union Station in Chicago, Illinois, in metropolitan Atlanta, 
        Georgia, in the Dallas/Fort Worth, Texas, area, in the 
        Portland, Oregon, area, and on the Orlando Corridor in 
        Florida.''.
    (b) Conforming and Other Amendments to Section 26101.--Section 
26101 is further amended--
            (1) by striking subsection (c)(2) and inserting the 
        following:
            ``(2) the extent to which the proposed planning focuses on 
        high-speed rail systems, giving a priority to systems which 
        will achieve sustained speeds of 125 miles per hour or greater 
        and projects involving dedicated rail passenger rights-of-
        way;'';
            (2) by inserting ``and'' after the semicolon in subsection 
        (c)(12);
            (3) by striking ``completed; and'' in subsection (c)(13) 
        and inserting ``completed.''; and
            (4) by striking subsection (c)(14).
    (c) Conforming Amendment.--Section 26105(2)(A) is amended by 
striking ``more than 125 miles per hour;'' and inserting ``90 miles per 
hour or more;''.
    (d) Financial Assistance To Include Loans and Loan Guarantees.--
Section 26105(1) is amended by inserting ``loans, loan guarantees,'' 
after ``contracts,''.

SEC. 203. IMPLEMENTATION ASSISTANCE.

    (a) In General.--Chapter 261 is amended by inserting after section 
26101 the following:
``Sec. 26101A. Implementation of corridor plans
    ``(a) Implementation Assistance.--
            ``(1) In general.--The Secretary of Transportation shall 
        provide implementation assistance to States or group of States 
        and other public agencies promoting the development of high-
        speed rail corridors designated by the Secretary under section 
        104(d) of title 23. The Secretary shall establish an 
        application and qualification process and, before providing 
        assistance under this section, make a determination on the 
        record that the applicant is qualified and eligible for 
        assistance under this section.
            ``(2) Secretary may provide direct or financial 
        assistance.--The Secretary may provide implementation 
        assistance under paragraph (1) directly or by providing 
        financial assistance to a public agency or group of public 
        agencies to undertake implementation activities approved by the 
        Secretary.
            ``(3) 100 percent federal share.--The Secretary may permit, 
        but may not require, a portion of the publicly financed costs 
        associated with eligible activities to come from non-Federal 
        sources.
            ``(4) Contribution of land.--Notwithstanding paragraph (3), 
        the Secretary may accept land contributed by a State for right-
        of-way, without regard to whether the State acquired the land 
        directly or indirectly through the use of Federal funds, 
        including transfers from the Highway Trust Fund under section 
        9503 of the Internal Revenue Code of 1986.
            ``(5) Priorities to chicago, atlanta, dallas/fort worth, 
        portland, and orlando.--In determining projects to be 
        undertaken pursuant to this subsection, the Secretary shall 
        give the highest priorities to undertaking implementation 
        assistance in the vicinity of Union Station in Chicago, 
        Illinois, in metropolitan Atlanta, Georgia, and in the Dallas/
        Fort Worth, Texas, area, in the Portland, Oregon, area, and on 
        the Orlando Corridor in Florida.
            ``(6) Special transportation circumstances.--In carrying 
        out this section, the Secretary shall allocate an appropriate 
        portion of the amounts available for implementation assistance 
        to providing appropriate related assistance in any State the 
        rail transportation system of which--
                    ``(A) is not physically connected to rail systems 
                in the continental United States; and
                    ``(B) may not otherwise qualify for high-speed rail 
                implementation assistance due to the constraints 
                imposed on the railway infrastructure in that State due 
                to the unique characteristics of the geography of that 
                State or other relevant considerations, as determined 
by the Secretary.
    ``(b) Eligible Implementation Activities.--The following activities 
are eligible for implementation assistance under subsection (a):
            ``(1) Security planning and the acquisition of security and 
        emergency response equipment.
            ``(2) Operating expenses.
            ``(3) Infrastructure acquisition and construction of track 
        and facilities.
            ``(4) Highway-rail grade crossing eliminations and 
        improvements.
            ``(5) Acquisition of rights-of-way, locomotives, rolling 
        stock, track, and signal equipment.
    ``(c) Criteria for Determining Assistance for Implementation 
Activities.--The Secretary, in selecting recipients of assistance under 
subsection (a), shall--
            ``(1) encourage the use of positive train control 
        technologies;
            ``(2) require that any project meet any existing safety 
        regulations, and give preference to any project determined by 
        the Secretary to have particularly high levels of safety;
            ``(3) encourage intermodal connectivity by locating train 
        stations in or near airports, bus terminals, subway stations, 
        ferry ports, and other modes of transportation;
            ``(4) ensure a general regional balance in providing such 
        assistance and avoid the concentration of a disproportionate 
        dedication of available financial assistance resources to a 
        single project or region of the country; and
            ``(5) ensure that any project is compatible with, and 
        operated in conformance with, plans developed pursuant to the 
        requirements of sections 134 and 135 of title 23, United States 
        Code.
    ``(d) Operators Deemed Rail Carriers.--A person that conducts rail 
operations funded or otherwise receiving assistance under this section 
is deemed to be a rail carrier for purposes of part A of subtitle IV, 
when so operating or performing such services.
    ``(e) Domestic Buying Preferences.--
            ``(1) In general.--In carrying out a project assisted under 
        this section, a recipient shall buy only--
                    ``(A) unmanufactured articles, material, and 
                supplies mined or produced in the United States; or
                    ``(B) manufactured articles, material, and supplies 
                manufactured in the United States substantially from 
                articles, material, and supplies mined, produced, or 
                manufactured in the United States.
            ``(2) De minimis amount.--Paragraph (1) of this subsection 
        applies only when the cost of those articles, material, or 
        supplies bought is at least $1,000,000.
            ``(3) Exemptions.--On application of a recipient, the 
        Secretary of Transportation may exempt a recipient from the 
        requirements of this subsection if the Secretary decides that, 
        for particular articles, material, or supplies--
                    ``(A) the requirements of paragraph (1) of this 
                subsection are inconsistent with the public interest;
                    ``(B) the cost of imposing those requirements is 
                unreasonable; or
                    ``(C) the articles, material, or supplies, or the 
                articles, material, or supplies from which they are 
                manufactured, are not mined, produced, or manufactured 
                in the United States in sufficient and reasonably 
                available commercial quantities and are not of a 
                satisfactory quality.
            ``(4) United states defined.--In this subsection, the term 
        `the United States' means the States, territories, and 
        possessions of the United States and the District of Columbia.
    ``(f) Section Does Not Apply to Certain Rail Operations.--Nothing 
in this section applies to--
            ``(1) commuter rail passenger transportation (as defined in 
        section 24102(4)) operations of a State or local government 
        authority (as those terms are defined in section 5302(11) and 
        (6), respectively) eligible to receive financial assistance 
        under section 5307, or to its contractor performing services in 
        connection with commuter rail passenger operations (as so 
        defined); or
            ``(2) the Alaska Railroad or its contractors.''.
    (b) Rulemaking Required.--Within 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall initiate a 
rulemaking to create an application and qualification procedure for 
providing high-speed rail corridor implementation assistance under 
section 26101A of title 49, United States Code.
    (c) Procedures for Grant Award.--Within 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall initiate a 
rulemaking to create procedures for the awarding of implementation 
assistance under this section. The Procedures shall include the 
execution of a full funding grant agreement between the applicant and 
the government.
    (d) Competitive Bidding on High-Speed Rail Routes.--The Secretary 
of Transportation shall determine that a State or group of States and 
other public agencies promoting a high-speed rail project under the 
provisions of section 26101A of title 49, United States Code, as a 
condition of receiving funding under such section, has provided for 
competitive bidding for the project in accordance with the Uniform 
Administrative Requirements for Grants and Cooperative Agreements to 
State and Local Governments (49 CFR section 18.36). Within 180 days 
after the date of enactment of this Act, the Secretary, in consultation 
with the States or groups of States and other public agencies, shall 
issue criteria for the services to which the competitive bidding by 
this section applies. A train operator selected under section 26101A of 
title 49, United States Code, is deemed to be a rail carrier for 
purposes of part A of subtitle 49, United States Code, when performing 
such services.
    (e) Conforming Amendment.--The chapter analysis for chapter 261 is 
amended by inserting after the item relating to section 26101 the 
following:

``26101A. Implementation of corridor plans''.

SEC. 204. DESIGNATED HIGH-SPEED RAIL CORRIDORS.

    (a) In General.--The Secretary of Transportation shall give 
priority in allocating funds authorized by section 26104 of title 49, 
United States Code, to designated high-speed rail corridors.
    (b) Designated High-Speed Rail Corridors.--For purposes of 
subsection (a), the following shall be considered to be designated 
high-speed rail corridors:
            (1) California Corridor connecting the San Francisco Bay 
        area and Sacramento to Los Angeles and San Diego.
            (2) Chicago Hub Corridor Network with the following spokes:
                    (A) Chicago to Detroit.
                    (B) Chicago to Minneapolis/St. Paul, Minnesota, via 
                Milwaukee, Wisconsin.
                    (C) Chicago to Kansas City, Missouri, via 
                Springfield, Illinois, and St. Louis, Missouri.
                    (D) Chicago to Louisville, Kentucky, via 
                Indianapolis, Indiana, and Cincinnati, Ohio.
                    (E) Chicago to Cleveland, Ohio, via Toledo, Ohio.
                    (F) Cleveland, Ohio, to Cincinnati, Ohio, via 
                Columbus, Ohio.
            (3) Empire State Corridor from New York City, New York, 
        through Albany, New York, to Buffalo, New York.
            (4) Florida High-Speed Rail Corridor from Tampa through 
        Orlando to Miami.
            (5) Gulf Coast Corridor from Houston, Texas, through New 
        Orleans, Louisiana, to Mobile, Alabama, with a branch from New 
        Orleans, through Meridian, Mississippi, and Birmingham, 
        Alabama, to Atlanta, Georgia.
            (6) Keystone Corridor from Philadelphia, Pennsylvania, 
        through Harrisburg, Pennsylvania, to Pittsburgh, Pennsylvania.
            (7) Northeast Corridor from Washington, District of 
        Columbia, through New York City, New York, New Haven, 
        Connecticut, and Providence, Rhode Island, to Boston, 
        Massachusetts, with a branch from New Haven, Connecticut, to 
        Springfield, Massachusetts.
            (8) New England Corridor from Boston, Massachusetts, to 
        Portland and Auburn, Maine, and from Boston, Massachusetts, 
        through Concord, New Hampshire, and Montpelier, Vermont, to 
        Montreal, Quebec.
            (9) Pacific Northwest Corridor from Eugene, Oregon, through 
        Portland, Oregon, and Seattle, Washington, to Vancouver, 
        British Columbia.
            (10) South Central Corridor from San Antonio, Texas, 
        through Dallas/Fort Worth to Little Rock, Arkansas, with a 
        branch from Dallas/Fort Worth through Oklahoma City, Oklahoma, 
        to Tulsa, Oklahoma.
            (11) Southeast Corridor from Washington, District of 
        Columbia, through Richmond, Virginia, Raleigh, North Carolina, 
        Columbia, South Carolina, Savannah, Georgia, and Jessup, 
        Georgia, to Jacksonville, Florida, with--
                    (A) a branch from Raleigh, North Carolina, through 
                Charlotte, North Carolina, and Greenville, South 
                Carolina, to Atlanta, Georgia; a branch from Richmond, 
                to Hampton Roads/Norfolk, Virginia;
                    (B) a branch from Charlotte, North Carolina, to 
                Columbia, South Carolina, to Charleston, South 
                Carolina;
                    (C) a connecting route from Atlanta, Georgia, to 
                Jessup, Georgia;
                    (D) a connecting route from Atlanta, Georgia, to 
                Charleston, South Carolina; and
                    (E) a branch from Raleigh, North Carolina, through 
                Florence, South Carolina, to Charleston, South 
                Carolina, and Savannah, Georgia, with a connecting 
                route from Florence, South Carolina, to Myrtle Beach, 
                South Carolina.
            (12) Southwest Corridor from Los Angeles, California, to 
        Las Vegas, Nevada.
    (c) Other High-Speed Rail Corridors.--For purposes of this section, 
subsection (b)--
            (1) does not limit the term ``designated high-speed rail 
        corridor'' to those corridors described in subsection (b); and
            (2) does not limit the Secretary of Transportation's 
        authority--
                    (A) to designate additional high-speed rail 
                corridors; or
                    (B) to terminate the designation of any high-speed 
                rail corridor.

SEC. 205. LABOR STANDARDS.

    (a) Current Employee Protections.--Nothing in this Act, or in any 
amendment made by this Act, shall affect the level of protection 
provided to freight railroad employees, employees of the National 
Passenger Railroad Corporation, and mass transportation employees as it 
existed on the day before the date of enactment of this Act.
    (b) Labor Standards.--
            (1) Prevailing wages.--The Secretary of Transportation--
                    (A) shall ensure that laborers and mechanics 
                employed by contractors and subcontractors in 
                construction work financed in whole or in part by funds 
                authorized by this Act will be paid wages not less than 
                those prevailing on similar construction in the 
                locality, as determined by the Secretary of Labor under 
                the Act of March 3, 1931 (known as the Davis-Bacon Act; 
                40 U.S.C. 276a et seq.); and
                    (B) may make such funds available with respect to 
                construction work only after being assured that 
                required labor standards will be maintained on the 
                construction work.
            (2) Wage rates.--Wage rates in a collective bargaining 
        agreement negotiated under the Railway Labor Act (45 U.S.C. 151 
        et seq.) are deemed for purposes of this subsection to comply 
        with the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 
        U.S.C. 276a et seq.).
            (3) Employee protection.--The Secretary of Transportation 
        shall require as a condition of any project financed in whole 
        or in part by funds authorized by this title that the project 
        be conducted in a manner that provides a fair arrangement at 
        least as protective of the interests of employees who are 
        affected by the project so funded as the terms imposed under 
        arrangements reached under section 141 of the Amtrak Reform and 
        Accountability Act of 1997 (49 U.S.C. 24706 note).

SEC. 206. RAILWAY-HIGHWAY CROSSINGS IN HIGH-SPEED RAIL CORRIDORS.

    (a) In General.--The entire cost of construction of projects for 
the elimination of hazards of railway-highway crossings in designated 
high-speed rail corridors, including the separation or protection of 
grades at crossings, the reconstruction of existing railroad grade 
crossing structures, and the relocation of highways to eliminate grade 
crossings, may be paid from sums authorized by subsection (k). In any 
case when the elimination of the hazards of a railway-highway crossing 
can be effected by the relocation of a portion of a railway at a cost 
estimated by the Secretary of Transportation to be less than the cost 
of such elimination by one of the methods mentioned in the first 
sentence of this section, then the entire cost of such relocation 
project may be paid from sums authorized by subsection (k).
    (b) Classification of Projects.--The Secretary may classify the 
various types of projects involved in the elimination of hazards of 
high-speed rail corridor railway-highway crossings, and may set for 
each such classification a percentage of the costs of construction 
which shall be deemed to represent the net benefit to the railroad or 
railroads for the purpose of determining the railroad's share of the 
cost of construction. The percentage so determined shall in no case 
exceed 10 per cent of such costs. The Secretary shall determine the 
appropriate classification of each project.
    (c) Liability of Railroad.--Any railroad involved in a project for 
the elimination of hazards of railway-highway crossings paid for in 
whole or in part from sums made available under this section shall be 
liable to the United States for the net benefit to the railroad 
determined under the classification of such project made under 
subsection (b). That liability to the United States may be discharged 
by direct payment to the State transportation department of the State 
in which the project is located, in which case such payment shall be 
credited to the cost of the project. The payment may consist in whole 
or in part of materials and labor furnished by the railroad in 
connection with the construction of the project. If any such railroad 
fails to discharge such liability within a 6-month period after 
completion of the project, it shall be liable to the United States for 
its share of the cost, and the Secretary shall request the Attorney 
General to institute proceedings against such railroad for the recovery 
of the amount for which it is liable under this subsection. The 
Attorney General is authorized to bring such proceedings on behalf of 
the United States, in the appropriate district court of the United 
States, and the United States shall be entitled in such proceedings to 
recover such sums as it is considered and adjudged by the court that 
such railroad is liable for in the premises. Any amounts recovered by 
the United States under this subsection shall be credited to 
miscellaneous receipts.
    (d) Survey and Schedule of Projects.--For purposes of this section, 
each State shall utilize the survey it is required to conduct and 
maintain under section 130 of title 23, United States Code, to identify 
those high-speed rail corridor railway-highway crossings that may 
require separation, relocation, or protective devices.
    (e) Funds for Protective Devices.--The Secretary shall give 
priority under this section to the elimination of high-speed rail 
corridor railway-highway grade crossings, but shall make funds 
authorized for obligation or expenditure under this section available 
for the installation of protective devices at high-speed rail corridor 
railway-highway crossings where appropriate.
    (f) Annual Report.--The Secretary shall report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure not 
later than December 30 of each year on the progress being made to 
implement the railway-highway crossings program authorized by this 
section and the effectiveness of such improvements. Each report shall 
contain an assessment of the costs of the various treatments employed 
and subsequent accident experience at improved locations. The report 
shall include--
            (1) the number of projects undertaken, their distribution 
        by cost range, road system, nature of treatment, and subsequent 
        accident experience at improved locations;
            (2) an analysis and evaluation of the program activities in 
        each State, including identification of any State found not to 
        be in compliance with the schedule of improvements required by 
        subsection (d); and
            (3) recommendations for future implementation of the 
        railway-highway crossings program under this section and 
        section 130 of title 23, United States Code.
    (g) Use of Funds for Matching.--Funds authorized to be appropriated 
to carry out this section may be used to provide a local government 
with funds to be used on a matching basis when State funds are 
available which may only be spent when the local government produces 
matching funds for the improvement of railway-highway crossings.
    (h) Incentive Payments for At-grade Crossing Closures.--
            (1) In general.--Notwithstanding any other provision of 
        this section and subject to paragraphs (2) and (3), the 
        Secretary may make incentive payments to a local government 
        upon the permanent closure by such government of public at-
        grade high-speed rail corridor railway-highway crossings under 
        its jurisdiction.
            (2) Incentive payments by railroads.--The Secretary may not 
        make an incentive payment under paragraph (1) to a local 
        government with respect to the closure of a crossing unless the 
        railroad owning or operating the tracks on which the crossing 
        is located makes an incentive payment to the government with 
        respect to the closure.
            (3) Amount of federal incentive payment.--The amount of the 
        incentive payment payable to a local government under paragraph 
        (1) with respect to a crossing may not exceed the lesser of--
                    (A) the amount of the incentive payment paid to the 
                government with respect to the crossing by the railroad 
                concerned under paragraph (2); or
                    (B) $ 7,500.
    (i) Coordination With Title 23 Program.--In carrying out this 
section, the Secretary shall--
            (1) implement this section in accordance with the 
        classification of projects and railroad share of the cost as 
        provided in section 646.210 of title 23, Code of Federal 
        Regulations; and
            (2) coordinate the administration of this section with the 
        program established by section 130 of title 23, United States 
        Code, in order to avoid duplication of effort and to ensure the 
        effectiveness of both programs.
    (j) Funding.--Not less than 10 percent of the amounts appropriated 
for each fiscal year to carry out section 26101A shall be obligated or 
expended to carry out this section.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    Section 26104 is amended to read as follows:
``Sec. 26104. Authorization of appropriations
    ``(a) Fiscal Years 2004 Through 2008.--There are authorized to be 
appropriated to the Secretary for each of fiscal years 2004 through 
2008--
            ``(1) $25,000,000 for carrying out section 26101;
            ``(2) $1,500,000,000 for carrying out section 26101A, 
        including amounts set aside under section 206(k) of the 
        National Defense Rail Act to carry out section 206 of that Act; 
        and
            ``(3) $25,000,000 for carrying out section 26102.
    ``(b) Funds To Remain Available.--Funds made available under this 
section shall remain available until expended.
    ``(c) Special Rule.--Except as specifically provided in section 
26101, 26101A, or 26102, no amount authorized by subsection (a) may be 
used for obligation or expenditure on the Boston-to-Washington segment 
of the Northeast Corridor while that segment is receiving Federal funds 
for capital or operating expenses.''.

           TITLE III--NATIONAL RAILROAD PASSENGER CORPORATION

SEC. 301. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM DEFINED.

    (a) In General.--Section 24102 is amended--
            (1) by striking paragraph (2);
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively; and
            (3) by inserting after paragraph (4) as so redesignated the 
        following:
            ``(5) `national rail passenger transportation system' 
        means--
                    ``(A) the segment of the Northeast Corridor between 
                Boston, Massachusetts and Washington, D.C.;
                    ``(B) rail corridors that have been designated by 
                the Secretary of Transportation as high-speed 
                corridors, but only after they have been improved to 
                permit operation of high-speed service;
                    ``(C) long-distance routes of more than 750 miles 
                between endpoints operated by Amtrak as of the date of 
                enactment of the National Defense Rail Act; and
                    ``(D) short-distance corridors or routes operated 
                as of the date of enactment of the National Defense 
                Rail Act, unless discontinued by Amtrak.''.
    (b) Amtrak Routes With State Funding.--
            (1) In general.--Chapter 247 is amended by inserting after 
        section 27101 the following:
``Sec. 24702. Transportation requested by States, authorities, and 
              other persons
    ``(a) Contracts for Transportation.--Amtrak and a State, a regional 
or local authority, or another person may enter into a contract for 
Amtrak to operate an intercity rail service or route not included in 
the national rail passenger transportation system upon such terms as 
the parties thereto may agree.
    ``(b) Discontinuance.--Upon termination of a contract entered into 
under this section, or the cessation of financial support under such a 
contract, Amtrak may discontinue such service or route, notwithstanding 
any other provision of law.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        247 is amended by inserting after the item relating to section 
        24701 the following:

``24702. Transportation requested by States, authorities, and other 
                            persons''.
    (c) Amtrak to Continue To Provide Non High-Speed Services.--Nothing 
in this Act is intended to preclude Amtrak from restoring, improving, 
or developing non-high-speed intercity passenger rail service.

SEC. 302. AMTRAK AUTHORIZATIONS.

    (a) Repeal of Self-sufficiency Requirements.
            (1) Title 49 amendments.--Chapter 241 is amended--
                    (A) by striking the last sentence of section 
                24101(d); and
                    (B) by striking the last sentence of section 
                24104(a).
            (2) Amtrak reform and accountability act amendments.--Title 
        II of the Amtrak Reform and Accountability Act of 1997 (49 
        U.S.C. 24101 nt) is amended by striking sections 204 and 205.
            (3) Common stock redemption date.--Section 415 of the 
        Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304 
        nt) is amended by striking subsection (b).
    (b) 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 each of fiscal years 2004 through 2008.
    (c) Financial Powers.--Section 415(d) of the Amtrak Reform and 
Accountability Act of 1997 by adding at the end the following:
            ``(3) This section does not affect the applicability of 
        section 3729 of title 31, United States Code, to claims made 
        against Amtrak.''.

SEC. 303. ADDITIONAL AMTRAK AUTHORIZATIONS.

    (a) Excess RRTA.--There are authorized to be appropriated to the 
Secretary of Transportation for the use of Amtrak for each of fiscal 
years 2004 through 2008, an amount equal to the amount Amtrak must pay 
under section 3221 of the Internal Revenue Code of 1986 in fiscal years 
that is more than the amount needed for benefits for individuals who 
retire from Amtrak and for their beneficiaries.
    (b) Principal and Interest Payments.--
            (1) Principal on debt service.--There are authorized to be 
        appropriated to the Secretary of Transportation for the use of 
        Amtrak for retirement of principal on loans for capital 
        equipment, or capital leases, the following amounts:
                    (A) For fiscal year 2004, $116,400,000.
                    (B) For fiscal year 2005, $109,400,000.
                    (C) For fiscal year 2006, $114,400,000.
                    (D) For fiscal year 2007, $202,800,000.
                    (E) For fiscal year 2008, $164,500,000.
            (2) Interest on debt.--There are authorized to be 
        appropriated to the Secretary of Transportation for the use of 
        Amtrak for the payment of interest on loans for capital 
        equipment, or capital leases, the following amounts:
                    (A) For fiscal year 2004, $163,300,000.
                    (B) For fiscal year 2005, $153,000,000.
                    (C) For fiscal year 2006, $148,400,000.
                    (D) For fiscal year 2007, $139,000,000.
                    (E) For fiscal year 2008, $130,000,000.
    (c) Environmental Compliance.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
for each of fiscal years 2004 through 2008, $30,000,000, of which one-
third shall be obligated or expended on the Northeast Corridor and two-
thirds shall be obligated or expended outside the Northeast Corridor, 
in order to comply with environmental regulations.
    (d) Accessibility for Elderly and Persons With Disabilities.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Transportation for the use of Amtrak, for each 
        of fiscal years 2004 through 2008, $43,000,000 to assist in 
        improving accessibility for the elderly and people with 
        disabilities in Amtrak facilities and stations, including an 
        initial assessment of the full set of accessibility needs 
        across the national rail passenger transportation system, of 
        which--
                    (A) $10,000,000 shall be obligated or expended on 
                the Northeast Corridor; and
                    (B) $33,000,000 shall be obligated or expended 
                outside the Northeast Corridor.
            (2) Study of compliance requirements at existing intercity 
        rail stations.--Amtrak shall evaluate the improvements 
        necessary to make all existing stations it serves readily 
        accessible to and usable by individuals with disabilities, as 
        required by section 242(e)(2) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The 
        evaluation shall include the estimated cost of the improvements 
        necessary, the identification of the responsible person (as 
        defined in section 241(5) of that Act (42 U.S.C. 12161(5))), 
        and the earliest practicable date when such improvements can be 
        made. Amtrak shall submit the survey to the Senate Committee on 
        Commerce, Science, and Transportation, the House of 
        Representatives Committee on Transportation and Infrastructure, 
        and the National Council on Disability by September 30, 2005, 
        along with recommendations for funding the necessary 
        improvements.
    (e) Reinvestment of Net Revenues from Non-Passenger Operations.--
Amtrak shall apply any net revenues from non-passenger operations to 
the railroad's working capital for use in satisfying systemwide current 
liabilities. When Amtrak's working capital has improved to the point at 
which Amtrak's liquid assets are sufficient to satisfy projected short-
term liabilities, Amtrak shall invest any excess net non-passenger 
revenues in high priority capital projects.

SEC. 304. NORTHEAST CORRIDOR AUTHORIZATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation for the use of Amtrak for each of fiscal 
years 2004 through 2008, the following amounts:
            (1) $370,000,000 for capital backlog on infrastructure on 
        the Northeast Corridor to bring infrastructure up to state-of-
        good-repair, including renewal of the South End electric 
        traction system, improvements on bridges and tunnels, and 
        interlocking and signal system renewal.
            (2) $60,000,000 for capital backlog on fleet to bring 
        existing fleet to a state-of-good-repair, including equipment 
        replacement and upgrades necessary to meet current service 
        commitments.
            (3) $40,000,000 for capital backlog on stations and 
        facilities, including improvements to the facility and platform 
        at the existing Penn Station, and bringing maintenance-of-way 
        facilities up to state-of-good-repair.
            (4) $350,000,000 for ongoing capital infrastructure--
                    (A) to replace assets on a life-cycle basis;
                    (B) to ensure that a state-of-good-repair is 
                maintained in order to meet safety and reliability 
                standards; and
                    (C) to meet current service commitments.
            (5) $40,000,000 for ongoing capital fleet investment to 
        sustain regularly scheduled maintenance, including a 120-day 
        cycle of preventive maintenance, and heavy overhauls on a 4-
        year schedule, with interior enhancements as needed.
            (6) $30,000,000 for ongoing capital improvements to 
        stations and facilities to provide for regular upgrades to 
        stations to meet current service needs, and regular 
        improvements to maintenance-of-equipment and maintenance-of-way 
        facilities.
            (7) $20,000,000 for ongoing technology upgrades of 
        reservation, distribution, financial, and operations systems, 
        including hardware, software, infrastructure, and 
        communications.
    (b) Life Safety Needs.--There are authorized to be appropriated to 
the Secretary of Transportation for the use of Amtrak for fiscal year 
2004:
            (1) $677,000,000 for the 6 New York tunnels built in 1910 
        to provide ventilation, electrical, and fire safety technology 
        upgrades, emergency communication and lighting systems, and 
        emergency access and egress for passengers.
            (2) $57,000,000 for the Baltimore & Potomac tunnel built in 
        1872 to provide adequate drainage, ventilation, communication, 
        lighting, and passenger egress upgrades.
            (3) $40,000,000 for the Washington, D.C. Union Station 
        tunnels built in 1904 under the Supreme Court and House and 
        Senate Office Buildings to improve ventilation, communication, 
        lighting, and passenger egress upgrades.
    (c) Infrastructure Upgrades.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
for fiscal year 2004, $3,000,000 for the preliminary design of options 
for a new tunnel on a different alignment to augment the capacity of 
the existing Baltimore tunnels, such funds to remain available until 
expended.
    (d) Corridor Growth Investment.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
for corridor growth investments in the Northeast Corridor--
            (1) For fiscal year 2004, $200,000,000.
            (2) For fiscal year 2005, $300,000,000.
            (3) For fiscal year 2006, $400,000,000.
            (4) For fiscal year 2007, $500,000,000.
            (5) For fiscal year 2008, $600,000,000.
    (e) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need for the timely completion of all 
life safety portions of the tunnel projects described in subsection 
(b)--
            (1) consider the extent to which rail carriers other than 
        Amtrak use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other rail carriers toward the costs of 
        the projects; and
            (3) obtain financial contributions or commitments from such 
        other rail carriers if feasible.
    (f) Availability of Funds.--Amounts appropriated pursuant to this 
section shall remain available until expended.
    (g) Reinvestment of Northeast Corridor Net Operating Revenues.--
Amtrak shall invest any net revenue generated from core passenger 
operations in the Northeast Corridor in capital needs of the corridor 
until the backlog of capital improvements is completed under Amtrak's 
20-year capital plan.

SEC. 305. LONG DISTANCE TRAINS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation for the use of Amtrak for each of fiscal 
years 2004 through 2008, $360,000,000 for operating costs associated 
with long distance trains.
    (b) Capital Backlog and Upgrades.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
for each of fiscal years 2004 through 2008, $70,000,000 to reduce the 
capital backlog and to bring its existing fleet to a state-of-good-
repair, including equipment replacement and upgrades necessary to meet 
current service commitments.
    (c) Ongoing Capital Infrastructure Investments.--There are 
authorized to be appropriated to the Secretary of Transportation for 
the use of Amtrak for each of fiscal years 2004 through 2008, 
$80,000,000 for ongoing capital infrastructure--
            (1) to replace assets on a life-cycle basis;
            (2) to ensure that a state-of-good-repair is maintained in 
        order to meet safety and reliability standards;
            (3) to meet current service commitments; and
            (4) to provide funds for investment in partner railroads to 
        operate passenger service at currently committed levels.
    (d) Capital Fleet Needs.--There are authorized to be appropriated 
to the Secretary of Transportation for the use of Amtrak for each of 
fiscal years 2004 through 2008, $50,000,000 for ongoing capital fleet 
needs to sustain regularly scheduled maintenance, including a 120-day 
cycle of preventive maintenance, and heavy overhauls on a 4-year 
schedule, with interior enhancements as needed.
    (e) Capital Stations and Facilities.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
for each of fiscal years 2004 through 2008, $10,000,000 for ongoing 
capital stations and facilities needs to provide regular upgrades to 
stations to meet current service needs, and regular improvements to 
maintenance-of-way equipment and maintenance-of-way facilities.
    (f) Technology Needs.--There are authorized to be appropriated to 
the Secretary of Transportation for the use of Amtrak for each of 
fiscal years 2004 through 2008, $10,000,000 for ongoing technology 
needs to upgrade reservation, distribution, financial, and operations 
systems, including hardware, software, infrastructure, and 
communications.

SEC. 306. SHORT DISTANCE TRAINS; STATE-SUPPORTED ROUTES.

    There are authorized to be appropriated to the Secretary of 
Transportation for the use of Amtrak for each of fiscal years 2004 
through 2008, for obligation and expenditure on routes outside the 
Northeast Corridor--
            (1) $20,000,000 for capital backlog on infrastructure to 
        bring infrastructure up to a state-of-good-repair, including 
        improvements on bridges and tunnels that are approaching the 
        end of their useful life and interlocking and signal system 
        renewal;
            (2) $10,000,000 for capital backlog on its fleet to bring 
        Amtrak's existing fleet as of the date of enactment of this Act 
        to a state-of-good-repair, including equipment replacement and 
        upgrades necessary to meet current service commitments;
            (3) $170,000,000 for ongoing capital infrastructure to 
        replace assets on a life-cycle basis to ensure a state-of-good-
        repair is maintained in order to meet safety and reliability 
        standards needed to deliver current service commitments, 
        including investment in partner railroads to operate passenger 
        service at currently committed levels;
            (4) $40,000,000 for ongoing capital fleet needs to sustain 
        regularly scheduled maintenance, including a 120-day cycle 
        preventive maintenance schedule, and heavy overhauls on a 4-
        year schedule, with interior enhancements as needed;
            (5) $10,000,000 for ongoing capital stations and facilities 
        needs to provide regular upgrades to stations to meet current 
        service needs, and regular improvements to maintenance-of-way 
        equipment and maintenance-of-way facilities; and
            (6) $20,000,000 for ongoing technology needs to upgrade of 
        reservation, distribution, financial, and operations systems, 
        including hardware, software, infrastructure and 
        communications.

SEC. 307. RE-ESTABLISHMENT OF NORTHEAST CORRIDOR SAFETY COMMITTEE.

    (a) Re-Establishment of Northeast Corridor Safety Committee.--The 
Secretary of Transportation shall re-establish the Northeast Corridor 
Safety Committee authorized by section 24905(b) of title 49, United 
States Code.
    (b) Termination Date.--Section 24905(b)(4) is amended by striking 
``January 1, 1999,'' and inserting ``January 1, 2008,''.

SEC. 308. ON-TIME PERFORMANCE.

    Section 24308 is amended by adding at the end the following:
    ``(f) On-Time Performance.--If the on-time performance of any 
intercity passenger train averages less than 80 percent for any 
consecutive 3-month period, Amtrak may petition the Surface 
Transportation Board to investigate whether, and to what extent, delays 
are due to causes that could reasonably be addressed by a rail carrier 
over the tracks of which the intercity passenger train operates, or by 
a regional authority providing commuter service, if any. In carrying 
out such an investigation, the Surface Transportation Board shall 
obtain information from all parties involved and make recommendations 
regarding reasonable measures to improve the on-time performance of the 
train.''.

SEC. 309. AMTRAK BOARD OF DIRECTORS.

    (a) In General.--Section 24302 is amended to read as follows:
``Sec. 24302. Board of directors
    ``(a) Composition and Terms.--
            ``(1) The board of directors of Amtrak is composed of the 
        following 9 directors, each of whom must be a citizen of the 
        United States:
                    ``(A) The President of Amtrak.
                    ``(B) The Secretary of Transportation.
                    ``(C) 7 individuals appointed by the President of 
                the United States, by and with the advice and consent 
                of the Senate, with an interest, experience, and 
                qualifications in or directly related to rail 
                transportation, including representatives of freight 
                and passenger rail transportation, travel, hospitality, 
                cruise line, and passenger air transportation 
                businesses, consumers of passenger rail transportation, 
                and State government.
            ``(2) An individual appointed under paragraph (1)(C) of 
        this subsection serves for 5 years or until the individual's 
        successor is appointed and qualified. Not more than 4 
        individuals appointed under paragraph (1)(C) may be members of 
        the same political party.
            ``(3) The board shall elect a chairman and a vice chairman 
        from among its membership. The vice chairman shall serve as 
        chairman in the absence of the chairman.
            ``(4) The Secretary may be represented at board meetings by 
        the Secretary's designee.
    ``(b) Pay and Expenses.--Each director not employed by the United 
States Government is entitled to $300 a day when performing board 
duties and powers. Each director is entitled to reimbursement for 
necessary travel, reasonable secretarial and professional staff 
support, and subsistence expenses incurred in attending board meetings.
    ``(c) Vacancies.--A vacancy on the board is filled in the same way 
as the original selection, except that an individual appointed by the 
President of the United States under subsection (a)(1)(C) of this 
section to fill a vacancy occurring before the end of the term for 
which the predecessor of that individual was appointed is appointed for 
the remainder of that term. A vacancy required to be filled by 
appointment under subsection (a)(1)(C) must be filled not later than 
120 days after the vacancy occurs.
    ``(d) Bylaws.--The board may adopt and amend bylaws governing the 
operation of Amtrak. The bylaws shall be consistent with this part and 
the articles of incorporation.
    ``(e) Conflicts of Interest.--Subparts D, E, and F of part 2635 of 
title 5, Code of Federal Regulations, shall apply to members of the 
board of directors during their term of office in the same manner as if 
they were employees of an executive agency (as defined in section 105 
of title 5, United States Code).''.
    (b) Conforming Amendment To Apply Same Standard to Officers.--
Section 24303(c) is amended to read as follows:
    ``(c) Conflicts of Interest.--Subparts D, E, and F of part 2635 of 
title 5, Code of Federal Regulations, shall apply to officers when 
employed by Amtrak in the same manner as if they were employees of an 
executive agency (as defined in section 105 of title 5, United States 
Code).''.
    (c) Effective Date for Directors' Provision.--The amendment made by 
subsection (a) shall take effect on October 1, 2003. The members of the 
Amtrak Reform Board may continue to serve until 3 directors appointed 
by the President under section 24302(a) of title 49, United States 
Code, as amended by subsection (a), have qualified for office.

SEC. 310. ESTABLISHMENT OF FINANCIAL ACCOUNTING SYSTEM FOR AMTRAK 
              OPERATIONS BY INDEPENDENT AUDITOR.

    (a) In General.--The Inspector General of the Department of 
Transportation shall employ an independent financial consultant--
            (1) to assess Amtrak's financial accounting and reporting 
        system and practices;
            (2) to design and assist Amtrak in implementing a modern 
        financial accounting and reporting system, on the basis of the 
        assessment, that will produce accurate and timely financial 
        information in sufficient detail--
                    (A) to enable Amtrak to assign revenues and 
                expenses appropriately to each of its lines of business 
                and to each major activity within each line of business 
                activity, including train operations, equipment 
                maintenance, ticketing, and reservations;
                    (B) to aggregate expenses and revenues related to 
                infrastructure and distinguish them from expenses and 
                revenues related to rail operations; and
                    (C) to provide ticketing and reservation 
                information on a real-time basis.
    (b) Verification of System; Report.--The Inspector General of the 
Department of Transportation shall review the accounting system 
designed and implemented under subsection (a) to ensure that it 
accomplishes the purposes for which it is intended. The Inspector 
General shall report his findings and conclusions, together with any 
recommendations, to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $2,500,000 for fiscal 
year 2004 to carry out subsection (a), such sums to remain available 
until expended.

SEC. 311. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.

    (a) Development of 5-Year Financial Plan.--The Amtrak board of 
directors shall submit an annual budget for Amtrak, and a 5-year 
financial plan for the fiscal year to which that budget relates and the 
subsequent 4 years, prepared in accordance with this section, to the 
Secretary of Transportation and the Inspector General of the Department 
of Transportation no later than--
            (1) the first day of each fiscal year beginning after the 
        date of enactment of this Act; or
            (2) the date that is 60 days after the date of enactment of 
        an appropriation Act for the fiscal year, if later.
    (b) Contents of 5-Year Financial Plan.--The 5-year financial plan 
for Amtrak shall include, at a minimum--
            (1) all projected revenues and expenditures for Amtrak, 
        including governmental funding sources;
            (2) projected ridership levels for all Amtrak passenger 
        operations;
            (3) revenue and expenditure forecasts for non-passenger 
        operations;
            (4) capital funding requirements and expenditures necessary 
        to maintain passenger service which will accommodate predicted 
        ridership levels and predicted sources of capital funding;
            (5) operational funding needs, if any, to maintain current 
        and projected levels of passenger service, including state-
        supported routes and predicted funding sources;
            (6) projected capital and operating requirements, 
        ridership, and revenue for any new passenger service operations 
        or service expansions;
            (7) an assessment of the continuing financial stability of 
        Amtrak, as indicated by factors such as: the ability of the 
        federal government to adequately meet capital and operating 
        requirements, Amtrak's access to long-term and short-term 
        capital markets, Amtrak's ability to efficiently manage its 
        workforce, and Amtrak's ability to effectively provide 
        passenger train service;
            (8) lump sum expenditures of $10 million or more and 
        sources of funding;
            (9) estimates of long-term and short-term debt and 
        associated principle and interest payments (both current and 
        anticipated);
            (10) annual cash flow forecasts; and
            (11) a statement describing methods of estimation and 
        significant assumptions.
    (c) Standards To Promote Financial Stability.--In meeting the 
requirements of subsection (b) with respect to a 5-year financial plan, 
Amtrak shall--
            (1) apply sound budgetary practices, including reducing 
        costs and other expenditures, improving productivity, 
        increasing revenues, or combinations of such practices; and
            (2) use the categories specified in the financial 
        accounting and reporting system developed under section 310 
        when preparing its 5-year financial plan.
    (d) Assessment by DOT Inspector General.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall assess the 5-year financial plans prepared 
        by Amtrak under this section to determine whether they meet the 
        requirements of subsection (b), and may suggest revisions to 
        any components thereof that do not meet those requirements.
            (2) Assessment to be furnished to the congress.--The 
        Inspector General shall furnish to the House of Representatives 
        Committee on Appropriations, the Senate Committee on 
        Appropriations, the House Committee on Transportation and 
        Infrastructure, and the Senate Committee on Commerce, Science, 
        and Transportation--
                    (A) an assessment of the annual budget within 90 
                days after receiving it from Amtrak; and
                    (B) an assessment of the remaining 4 years of the 
                5-year financial plan within 180 days after receiving 
                it from Amtrak.

SEC. 312. REVISED REPORTING METHODOLOGY REQUIRED.

    Within 90 days after the date of enactment of this Act, Amtrak, in 
consultation with the Comptroller General, shall develop a revised 
methodology to be used in preparing the annual operations report 
required by section 24315(a) of title 49, United States Code, beginning 
with the report on operations for fiscal year 2002. The new report 
methodology shall specifically exclude non-core profits in calculating 
the performance of Amtrak's trains.

SEC. 313. APPROPRIATED AMOUNTS TO BE SPENT PROPORTIONATELY.

    If for any fiscal year the sum of the amounts appropriated to the 
Secretary of Transportation for the use of Amtrak is less than the sum 
of the amounts authorized by this title for that fiscal year, then 
Amtrak shall--
            (1) first obligate amounts appropriated pursuant to the 
        authorization in section 303(a); and
            (2) then allocate its obligation and expenditure of the 
        remainder of the amounts appropriated for that fiscal year 
        pursuant to this title (except amounts authorized by section 
        304(b), (c), and (d)) among the segments of the system in the 
        same proportion as the authorizations were allocated among 
        those segments by this title.

SEC. 314. INDEPENDENT AUDITOR TO ESTABLISH CRITERIA FOR AMTRAK ROUTE 
              AND SERVICE PLANNING DECISIONS.

    (a) Inspector General To Hire Consultant.--The Inspector General of 
the Department of Transportation shall--
            (1) execute a contract to obtain the services of an 
        independent auditor or consultant to define and list past 
        Amtrak criteria for Amtrak service changes, and to establish 
        objective criteria for Amtrak service changes, including the 
        establishment of new routes, the elimination of existing 
        routes, and the contraction or expansion of existing services;
            (2) review the criteria developed under the contract; and
            (3) if the Inspector General approves the criteria, 
        transmit them to the Amtrak board of directors.
    (b) Incorporation of Criteria by Amtrak.--The Amtrak board of 
directors shall incorporate the criteria in--
            (1) its route and service planning and decision-making 
        process; and
            (2) its capital plans and budgets developed in compliance 
        with section 311 of this Act.
    (c) Notification of Congress Where Not Complying With Criteria.--
The Amtrak board of directors shall--
            (1) notify the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure not less than 30 days before 
        the implementation date of any decision to establish a new 
        route, terminate an existing route, or effect any other major 
        change in service that is inconsistent with the criteria 
        incorporated under subsection (b); and
            (2) explain its decision not to follow the criteria.
    (d) Authorization of Appropriations.--There are authorized to be 
made available to the Inspector General, out of any amounts 
appropriated to Amtrak pursuant to the authority of this Act and not 
otherwise obligated or expended, such sums as may be necessary to carry 
out this section.

                        TITLE IV--MISCELLANEOUS

SEC. 401. REHABILITATION, IMPROVEMENT, AND SECURITY FINANCING.

    (a) Definitions.--Section 102(7) of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as 
follows:
            ``(7) `railroad' has the meaning given that term in section 
        20102 of title 49, United States Code; and''.
    (b) General Authority.--Section 502 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended--
            (1) by striking ``Secretary may provide direct loans and 
        loan guarantees to State and local governments,'' in subsection 
        (a) and inserting ``Secretary shall provide direct loans and 
        loan guarantees to State and local governments, interstate 
        compacts entered into under section 410 of the Amtrak Reform 
        and Accountability Act of 1997 (49 U.S.C 24101 nt),'';
            (2) by striking ``or'' in subsection (b)(1)(B);
            (3) by redesignating subparagraph (C) of subsection (b)(1) 
        as subparagraph (D); and
            (4) by inserting after subparagraph (B) of subsection 
        (b)(1) the following:
                    ``(C) to acquire, improve, or rehabilitate rail 
                safety and security equipment and facilities; or''.
    (c) Extent of Authority.--Section 502(d) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is 
amended--
            (1) by striking ``$3,500,000,000'' and inserting 
        ``$35,000,000,000'';
            (2) by striking ``$1,000,000,000'' and inserting 
        ``$7,000,000,000''; and
            (3) by adding at the end the following new sentence: ``The 
        Secretary shall not establish any limit on the proportion of 
        the unused amount authorized under this subsection that may be 
        used for 1 loan or loan guarantee.''.
    (d) Cohorts of Loans.--Section 502(f) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (D);
                    (B) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (C) by adding after subparagraph (D) the following 
                new subparagraph:
                    ``(E) the size and characteristics of the cohort of 
                which the loan or loan guarantee is a member; and''; 
                and
            (2) by adding at the end of paragraph (4) the following: 
        ``A cohort may include loans and loan guarantees. The Secretary 
        shall not establish any limit on the proportion of a cohort 
        that may be used for 1 loan or loan guarantee.''.
    (e) Conditions of Assistance.--Section 502 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is 
amended--
            (1) by striking ``offered;'' in subsection (f)(2)(A) and 
        inserting ``offered, if any;'';
            (2) by inserting ``(1)'' before ``The Secretary'' in 
        subsection (h) and redesignating paragraphs (1), (2), and (3) 
        of that subsection as subparagraphs (A), (B), and (C); and
            (3) by adding at the end of subsection (h) the following:
    ``(2) The Secretary shall not require an applicant for a direct 
loan or loan guarantee under this section to provide collateral.
    ``(3) 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.
    ``(4) The Secretary shall require recipients of direct loans or 
loan guarantees under this section to apply the standards of section 
22301(b) and (c) of title 49, United States Code, to their projects.''.
    (f) Time Limit for Approval or Disapproval.--Section 502 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
822) is amended by adding at the end the following:
    ``(i) Time Limit for Approval or Disapproval.--Not later than 180 
days after receiving a complete application for a direct loan or loan 
guarantee under this section, the Secretary shall approve or disapprove 
the application.''.
    (g) Fees and Charges.--Section 503 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended--
            (1) by adding at the end of subsection (k) the following: 
        ``Funds received by the Secretary under the preceding sentence 
        shall be credited to the appropriation from which the expenses 
        of making such appraisals, determinations, and findings were 
        incurred.''; and
            (2) by adding at the end the following new subsection:
    ``(m) Fees and Charges.--Except as provided in this title, the 
Secretary may not assess any fees, including user fees, or charges in 
connection with a direct loan or loan guarantee provided under section 
502.''.
    (h) Substantive Criteria and Standards.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of 
Transportation shall publish in the Federal Register and post on the 
Department of Transportation website the substantive criteria and 
standards used by the Secretary to determine whether to approve or 
disapprove applications submitted under section 502 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822).
    (i) Operators Deemed Rail Carriers; Loans and Loan Guarantees for 
Non-Railroad Entities.--Section 502 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822), as amended by subsection 
(f), is amended by adding at the end the following:
    ``(j) Operators Deemed Rail Carriers.--A person that conducts rail 
operations funded or otherwise receiving assistance under this section 
is deemed to be a rail carrier for purposes of part A of subtitle IV of 
title 49, United States Code, when so operating or performing such 
services.
    ``(k) Loan and Loan Guarantees for Non-Railroad Entities.--
Nothwithstanding any other provision of law, entities other than rail 
companies shall be eligible for loans and loan guarantees under this 
section.''.

SEC. 402. RAIL PASSENGER COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--Chapter 249 is amended by adding at the end the 
following:
``Sec. 24910. Passenger rail cooperative research program
    ``(a) In General.--The Secretary shall establish and carry out a 
rail passenger cooperative research program. The program shall--
            ``(1) address, among other matters, intercity rail 
        passenger services, including existing rail passenger 
        technologies and speeds, incrementally enhanced rail systems 
        and infrastructure, and new high-speed wheel-on-rail systems;
            ``(2) give consideration to research on commuter rail, 
        regional rail, freight rail, and other modes of rail 
        transportation that may affect rail passenger transportation 
        due to the interconnectedness of the rail passenger network 
        with other rail transportation services; and
            ``(3) give consideration to regional concerns regarding 
        rail passenger transportation, including meeting research needs 
        common to designated high-speed corridors, long-distance rail 
        services, and regional intercity rail corridors, projects, and 
        entities.
    ``(b) Contents.--The program to be carried out under this section 
shall include research designed--
            ``(1) to identify the unique aspects and attributes of rail 
        passenger service;
            ``(2) to develop more accurate models for evaluating the 
        indirect effects of rail passenger service, including the 
        effects on highway and airport and airway congestion, 
        environmental quality, and energy consumption;
            ``(3) to develop a better understanding of modal choice as 
        it affects rail passenger transportation, including development 
        of better models to predict ridership;
            ``(4) to recommend priorities for technology demonstration 
        and development;
            ``(5) to meet additional priorities as determined by the 
        advisory board established under subsection (c), including any 
        recommendations made by the National Research Council;
            ``(6) to explore improvements in management, financing, and 
        institutional structures;
            ``(7) to address rail capacity constraints that affect 
        passenger rail service through a wide variety of options, 
        ranging from operating improvements to dedicated new 
        infrastructure, taking into account the impact of such options 
        on freight and commuter rail operations; and
            ``(8) to improve maintenance, operations, customer service, 
        or other aspects of existing intercity rail passenger service 
        existing in 2003.
    ``(c) Advisory Board.--
            ``(1) Establishment.--In consultation with the heads of 
        appropriate Federal departments and agencies, the Secretary 
        shall establish an advisory board to recommend research, 
        technology, and technology transfer activities related to rail 
        passenger transportation.
            ``(2) Membership.--The advisory board shall include--
                    ``(A) representatives of State transportation 
                agencies;
                    ``(B) transportation and environmental economists, 
                scientists, and engineers; and
                    ``(C) representatives of Amtrak, the Alaska 
                Railroad, transit operating agencies, intercity rail 
                passenger agencies, railway labor organizations, and 
                environmental organizations.
    ``(d) National Academy of Sciences.--The Secretary may make grants 
to, and enter into cooperative agreements with, the National Academy of 
Sciences to carry out such activities relating to the research, 
technology, and technology transfer activities described in subsection 
(b) as the Secretary deems appropriate.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 249 is 
amended by adding at the end the following:

``24910. Passenger rail cooperative research program''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $5,000,000 for each of 
fiscal years 2004 through 2008, to carry out section 24910(d) of title 
49, United States Code.

SEC. 403. CONFORMING AMENDMENTS TO TITLE 49 REFLECTING ICC TERMINATION 
              ACT.

    (a) Section 333.--Section 333 is amended--
            (1) by striking ``Interstate Commerce Commission'' each 
        place it appears and inserting ``Surface Transportation 
        Board''; and
            (2) by striking ``Commission'' in subsection (e) and 
        inserting ``Board''.
    (b) Section 24307.--Section 24307(b)(3) is amended by striking 
``Interstate Commerce Commission'' and inserting ``Surface 
Transportation Board''.
    (c) Section 24308.--Section 24308 is amended--
            (1) by striking ``Interstate Commerce Commission'' in 
        subsection (a)(2)(A) and inserting ``Surface Transportation 
        Board''; and
            (2) by striking ``Commission'' each place it appears in 
        subsections (a), (b), and (e) and inserting ``Board''.
    (d) Section 24311.--Section 24311 is amended--
            (1) by striking ``Interstate Commerce Commission'' in 
        subsection (c)(1) and inserting ``Surface Transportation 
        Board''; and
            (2) by striking ``Commission'' each place it appears in 
        subsection (c) and inserting ``Board''.
    (e) Section 24902.--Section 24902 is amended--
            (1) by striking ``Interstate Commerce Commission'' in 
        subsections (g)(2) and (g)(3) and inserting ``Surface 
        Transportation Board''; and
            (2) by striking ``Commission'' each place it appears in 
        subsections (g)(2) and (g)(3) and inserting ``Board''.
    (f) Section 24904.--Section 24904 is amended--
            (1) by striking ``Interstate Commerce Commission'' in 
        subsection (c)(2) and inserting ``Surface Transportation 
        Board''; and
            (2) by striking ``Commission'' each place it appears in 
        subsection (c) and inserting ``Board''.

SEC. 404. APPLICABILITY OF REVERSION TO ALASKA RAILROAD RIGHT-OF-WAY 
              PROPERTY.

    Section 610(b) of the Alaska Railroad Transfer Act of 1982 (45 
U.S.C. 1209(b)) is amended--
            (1) by inserting ``(1)'' after ``Discontinuance.--'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively; and
            (3) by adding at the end the following new paragraph:
    ``(2)(A) The State-owned railroad may convey all right, title, and 
interest of the State in any land within the right-of-way to a third 
party in exchange for other land that, in substitution for the land 
conveyed, is to be utilized as part of the right-of-way if the 
continuity of the right-of-way corridor for transportation, 
communications, and transmission purposes is provided by such use of 
the substituted land.
    ``(B) The provisions of this section that require reversion shall 
apply to the substituted land, as of the effective date of the exchange 
of that land in a transaction authorized by subparagraph (A), as fully 
as if the substituted land had been rail properties of the Alaska 
Railroad as of January 13, 1983.
    ``(C) Upon the conveyance of land in a transaction authorized by 
subparagraph (A), any reversionary interest in the land under this 
section shall terminate.''.
                                 <all>