Congressional Record, Volume 148 Issue 23 (Wednesday, March 6, 2002)

[Congressional Record Volume 148, Number 23 (Wednesday, March 6, 2002)]
[Senate]
[Pages S1600-S1611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

By Mr. HOLLINGS (for himself, Mr. Biden, Mr. Breaux, Mr. Carper,
Mr. Cleland, Mrs. Clinton, Mr. Corzine, Mr. Durbin, Mrs.
Hutchison, Mr. Jeffords, Mr. Kennedy, Mr. Kerry, Mr. Leahy, Ms.
Mikulski, Mr. Rockefeller, Mr. Schumer, Mr. Stevens, Mr.
Torricelli, Mr. Reid, and Mrs. Feinstein):
S. 1991. To establish a national rail passenger transportation
system, reauthorize Amtrak, improve security and service on Amtrak, and
for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. HOLLINGS. Madam President, I rise today to introduce the National
Defense Rail Act on behalf of myself and some 19 co-sponsors. This
legislation will establish a strong and efficient national passenger
rail system. For far too long, we have neglected investing in our
Nation's passenger rail system. We have taken an active responsibility
in developing the infrastructure of all other modes of transportation,
whether it has been federally funding the development of the interstate
highway system, subsidizing airport construction, or taking the
responsibility for dredging harbors and channels or building locks and
dams. Now it is time to build a world class passenger railroad system
in the United States. We know it can be done. Japan and France provide
two models of successful passenger railroad service. The time to move
ahead is now. We cannot wait for highways and airports to become so
clogged that they cannot operate any longer. Rail systems are not built
in a day. We need to engage in long-term planning to address future
passenger transportation growth and show forethought in crafting
transportation solutions--not wait for an impending crisis. My
legislation provides the vision to begin to do this.
The atrocious events of September 11, 2001, and the aftermath which
followed, exposed the vulnerability of our society and our economy when
transportation choices are limited and our mobility is diminished. In
the aftermath of the horrific attack on the World Trade Center and the
Pentagon, we were forced to adjust to a transportation system that was
without access to aviation. That should make us all evaluate the
problems inherent in a policy that results in overall dependence on any
one particular mode of transportation. We need to have a more balanced
system of transportation for passengers in this country. Our economy
depends on it; our travelers deserve it; and our roads and airports

[[Page S1601]]

could operate more efficiently in a balanced system.
After the Federal Aviation Administration grounded all flights
following the terrorist attacks on September 11, 2001, travelers
flocked to Amtrak. Whether people had to travel for business, to help
with rescue efforts, or just to get home, Amtrak kept our American
citizens moving during a time of national emergency.
The situation not only proved that Amtrak works, but that passenger
rail is a critical part of our transportation infrastructure during a
national emergency or security crisis. Amtrak provided a critical
transportation link, carrying 35,000 passengers along the Northeast
corridor every day, and hundreds of extra carloads of mail for the U.S.
Postal Office in the days following the terrorist attacks.
Transportation security--an essential part of our national security--
requires a balanced and competitive system of transportation
alternatives. In September, we found that our dependence on the
aviation system almost crippled us. We cannot afford to rely on any
single mode of transportation; we need to ensure that we have a
balanced system that includes a sound passenger rail system. We also
know that passenger railroads use less fuel per passenger mile than
highway vehicles and commercial airlines. During these times of oil-
consciousness, a larger presence of passenger rail in our
transportation system would reduce our Nation's dependence on foreign
oil.
Passenger railroads, the interstate highway system, and our national
aviation network have all taken different paths to their current roles
in our national transportation system. The tales of their development
stand in quite a stark contrast from each other.
The interstate highway system has received significant attention and
federal funding since the construction of the Lincoln Highway in 1913
and the Rural Post Roads Act of 1916, and later during World War II
with the Federal Highway Act of 1944. It was not until 1956, however,
that the Government began heavily promoting highway transportation with
the passage of the Federal Aid Highway Act of 1956. The act established
a Highway Trust Fund based upon Federal user taxes, in order to finance
up to 90 percent of State construction costs of the $25 billion plan to
pay for new roads, and the construction of the Eisenhower National
Interstate and Defense Highway System.
Similar policies and Federal attention for aviation resulted in a
strengthened infrastructure, and follows much the same story of the
highways system.
Passenger rail service was once a vital instrument in the
transportation needs of our Nation. For instance, during World War II,
not only did the railroads transport 90 percent of all defense freight,
but also 97 percent of all defense personnel on their way to theaters
of action. By the end of the war, railroads accounted for three-
quarters of the common carrier share of intercity traffic, with
airplanes and buses sharing the remaining quarter of traffic. However,
with national focus turned to aviation and highways, by the late 1960s
most rail companies were petitioning the Government to discontinue
passenger services because of losses.
Amtrak was created as a Federal corporation in order to relieve the
railroad industry of these unprofitable passenger operations, and in
the interest of maintaining a national passenger rail network. But in
retrospect, Amtrak was set up not to thrive and expand passenger rail
service, but really to just maintain the status quo of 30 years ago.
That attitude persists even today. Since 1971, Amtrak has received only
$25 billion in public subsidies; during that period, the United States
invested $750 billion on highways and aviation.
So one problem becomes all too clear--that U.S. passenger rail
infrastructure has no stable funding source in contrast to highways,
aviation, and transit. In fact, per capita spending on passenger rail
is much lower than many other countries: the U.S. ranks behind Britain,
France, Japan, Canada, Luxembourg, Austria, Switzerland, Belgium,
Sweden, Denmark, Italy, Ireland, Spain, Norway, Czech Republic,
Finland, Slovakia, Portugal, Poland, South Africa, Greece, and Estonia.
Imagine that of the 23 industrialized nations with rail service, we are
at the bottom. Including these countries, no passenger rail service in
the world has built and operated a passenger rail system at a profit.
All have required Government support for construction and maintenance,
or operating support, or both. That same principle holds true for
highways and aviation, which have required substantial Federal spending
since their beginning and continue to receive generous Federal
subsidies today.
Those who want passenger rail to operate without Federal assistance--
ultimately forcing more travelers onto cars, buses and airplanes--argue
that we should not ``subsidize'' passenger rail. But we subsidize the
building of roads and highways with tax dollars. We subsidize the
building of airports and pay for all of the equipment and people needed
to run our air traffic control system. We consider those subsidies to
be worthwhile investments in our economy and our quality of life. We
must make the same investment to create a world-class passenger rail
system in order to see the same kinds of benefits.
While that argument should stand on its own, here's something the
highway and airline crowd can take to the bank: moving more short-haul
travelers to rail service reduces congestion on our already overcrowded
highways and eases congestion at airports. It also provides real
competition to airlines on short-haul trips.
Over the past 30 years, the 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. The Amtrak Reform and
Accountability Act of 1997, and preceding statutes, resulted in
creating conflicting missions for Amtrak: serve a public function by
operating unprofitable long-distance routes, but also attempt to
operate at a profit. To add insult to injury, Amtrak has been forced to
delay capital improvement projects having important long-term benefits
in order to attempt to meet the mandate of the 1997 Act. Congress
passed this misguided law in 1997, requiring Amtrak to operate without
government support by the end of fiscal year 2002. But there is no
truly national passenger train service in the world that makes a
profit. Requiring Amtrak to make a profit has forced the railroad to
forgo long-term capital investments in favor of short-term, bond
payment shell games. Instead of investing in modern trains and
infrastructure upgrades, Amtrak was forced to mortgage Penn Station
just to pay the electric bill.
From this, it is evident that we need to reevaluate our Nation's rail
passenger policy, and clearly define a role for Amtrak. A strong
Federal role was required to establish the interstate highway system
and the Federal aviation network. And now Federal investment in
passenger rail infrastructure is critical; once again, Federal
leadership is required to address the needs of a reliable, safe, secure
passenger rail network.
This legislation provides a blueprint for the future of passenger
rail in the United States. The bill will help develop high-speed rail
corridors, which are the building blocks for a national passenger rail
system. This will allow regional transportation solutions to play a
part in the national system. It will also aid in the development of
short distance corridors between larger urban centers, as well as
provide funding to preserve longer distance routes for those
communities that do not have the population densities to merit air
service--sometimes the train is their only alternative to driving.
Finally, it will provide Amtrak with the tools and funding it needs to
operate efficiently.
This legislation authorizes $1.255 billion in emergency spending for
Amtrak's security and life safety needs. Similar language was included
in the Rail Security Act, S. 1550, which was favorably reported by the
committee on October 17, 2001. In that legislation, we authorized funds
to be spent on immediate rail security needs, such as hiring more
police officers across the entire Amtrak system and modernizing the
safety infrastructure of old tunnels.
This bill will give the Federal Government the script for the role it
needs

[[Page S1602]]

to play in establishing a national rail passenger system. It would not
require any State contribution, and would give preference to projects
having right-of-way dedicated to passenger rail, involving high-speed
passenger service of 125 mph, although operations of 90 mph speeds or
more would be eligible for funding, and those connecting to other modes
of passenger transportation, including airports.
The bill authorizes $1.5 billion annually for corridor development.
These funds are needed for infrastructure acquisition, highway-rail
grade crossing improvement/elimination, acquisition of rolling stock
and track and signal equipment. Development of a national passenger
rail system carries a high cost, and the Federal Government must take
the lead role in funding it.
This bill will also fund $35 billion in loan guarantees. This money
will dramatically expand the current Railroad Rehabilitation &
Infrastructure Financing loan and loan guarantee program. But we also
must restructure that program. Since it was created in 1998 as part of
TEA-21 bill, the program has processed only a few loans due to
unreasonable constraints imposed by OMB. Our bill eliminates the
artificial limits on loan amounts, impossible collateral requirements,
and unworkable loan cohort structures.
This bill identifies existing high-speed corridors in 29 States and
the District of Columbia for priority consideration. Many of these
corridors are in areas where people are now driving cars or taking
airplanes on trips of 300 miles or less. In these areas, like the East
Coast, travelers could take a high-speed train instead and arrive at
about the same time. But right now they don't have that rail option,
and they won't until we build it.
The passenger railroad system that has worked well in the Northeast
can work in other highly-congested areas of the country: the South, the
Midwest, California and the Northwest. Thirty years ago, those areas
did not have the population to support high-speed intercity rail. But
today those areas are growing by leaps and bounds. As the highways in
those areas clog up and the planes run 3 hours late, their Governors--
many of them Republicans--are asking us for help to build high speed
rail.
A short-term benefit of this legislation will be stimulation of the
economy by providing jobs in developing new corridors. This bill
ensures that fair labor standards for all projects receiving funds
under it, including payment of prevailing wages and allowance of
collective bargaining over wage rates.
Another immediate benefit will be the closing/improvement of highway-
rail grade crossings in high-speed rail corridors. Under this bill,
funds are set aside specifically for these important safety
improvements.
This legislation will provide the necessary funds of $1.31 billion
for Amtrak to repair and upgrade the track it owns and operates in the
Northeast corridor. This corridor is a prime example of the benefits we
can attain when there are transportation choices for travelers. The
Northeast corridor has become an invaluable asset to our national
transportation system, and it should not be left in disrepair. This
bill authorizes funds to enable Amtrak to eliminate its capital backlog
of projects, maintain ongoing projects to capital infrastructure, and
improve capacity to accommodate projected growth in traffic. It also
allows Amtrak to reinvest revenues from operations in the Northeast
corridor back into the backlog of capital infrastructure projects.
In a nutshell, this is our long term plan to make passenger rail a
part of our balanced transportation system. But in the short run, we
must make sure Amtrak's financial foundation is strong at a time when
we are relying on them more than ever. Amtrak's ridership has increased
consistently, and they now carry over 22 million passengers per year.
This legislation will give Amtrak the tools and funding they need to
create a modern, efficient passenger railroad. The bill reauthorizes
Amtrak for 5 years, and fully funds their capital needs and the
operating losses with respect to long-distance service.
This legislation repeals the unrealistic operating self-sufficiency
requirements. It also authorizes funding for compliance with
environmental standards, and the Americans with Disabilities Act.
This legislation will further aid Amtrak to operate more efficiently.
It will require Amtrak to reinvest revenues from non-passenger
operations into growth projects outside the Northeast corridor. It will
require revenue from the Northeast corridor to be reinvested into
capital projects on the Northeast corridor. Finally, it will require an
annual independent audit of Amtrak, to be reviewed by the Department of
Transportation's Inspector General.
I am pleased my colleagues have joined with me in sponsoring this
bill. By developing passenger rail as part of a balanced transportation
system, this legislation will lead to the creation of jobs in the short
run to stimulate our economy. In the long run, high-speed rail
corridors will become a key foundation for our national rail passenger
transportation system, which is critical to the strong backbone of a
prosperous economy.
Like the interstate highway system, the benefits of passenger rail
and Amtrak could be immeasurable, so we have much at stake. While I
have outlined an ambitious blueprint, I keep in mind that 50 years ago,
the National System of Interstate and Defense Highways was ``pie in the
sky.'' Now our successful Dwight D. Eisenhower System of Interstate and
Defense Highways and national aviation network are used by many, so
much that in many places they are congested and strained to capacity.
We should not wait until our current transportation problems reach
epidemic proportions; our economy cannot afford it.
Madam President, I ask unanimous consent that the bill and an outline
of the finances of this bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 1991

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

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

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

Sec. 1. Short title; amendment of title 49; table of contents.
Sec. 2. Findings.

Title I--RAIL TRANSPORTATION SECURITY

Sec. 101. Amtrak security assistance.
Sec. 102. Study of foreign rail transport security programs.
Sec. 103. Passenger, baggage, and cargo screening.
Sec. 104. Rail security.
Sec. 105. Rail transportation security risk assessment.

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

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

TITLE III--NATIONAL RAILROAD PASSENGER CORPORATION

Sec. 301. National railroad passenger transportation system defined.
Sec. 302. Extension of authorization.
Sec. 303. Additional Amtrak authorizations.
Sec. 304. Northeast Corridor authorizations.
Sec. 305. Long distance trains.
Sec. 306. Short distance trains; State-supported routes.
Sec. 307. Re-establishment of Northeast Corridor Safety Committee.
Sec. 308. On-time performance.
Sec. 309. Amtrak board of directors.
Sec. 310. Independent audit of Amtrak operations; review by DOT IG.

TITLE IV--MISCELLANEOUS

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

SEC. 2. FINDINGS.

The Congress finds the following:

[[Page S1603]]

(1) Financial investment in passenger rail infrastructure
is critical, and Federal leadership is required to address
the needs of a reliable safe, secure passenger rail network,
just as has been used in establishing the interstate highway
system and the Federal aviation network.
(2) Lack of investment and attention to the needs of
passenger rail infrastructure has resulted in a weak
passenger rail network, and has caused a strain on the
capacity of other modes of transportation in many areas of
the country. According to the Department of Transportation,
in 1999 the cost of wasted time and extra fuel consumption
due to delays on congested roads was estimated at $78
billion.
(3) Passenger rail is an integral part of the United States
transportation system, and, as can be evidenced in the
Northeast Corridor, relieves the pressures of congestion on
highways and at airports, and creates a more balanced system
of transportation alternatives.
(4) Passenger rail service has been a vital instrument in
the transportation needs of our Nation. For instance, during
World War II, the privately owned, operated, and constructed
railroad industry transported 90 percent of all defense
freight, and 97 percent of all defense personnel transported
to points of embarkation for theaters of action. By the end
of the war, railroads accounted for three quarters of the
share of the common carrier share of intercity traffic, with
airplanes and buses sharing the remaining quarter of traffic.
(5) Significant attention and Federal funding were required
to construct the Eisenhower System of Interstate and Defense
Highways. The Federal Aid Highway Act of 1956 established a
Highway Trust Fund based upon Federal user taxes in order to
finance up to 90 percent of the costs of the $25 billion
dollar highway construction plan.
(6) Federal policies with respect to investment in aviation
resulted in a strengthened aviation industry and the rapid
development of air passenger service, and by the late 1960's
most rail companies were petitioning the Government to
discontinue passenger services because of losses.
(7) Amtrak was established in 1971 by the Rail Passenger
Service Act of 1970 to provide passenger rail services in the
United States as a public service; at the time of Amtrak's
formation, freight railroads were losing money on
unprofitable passenger rail operations. Since 1971 Amtrak has
received only $25 billion in public subsidies; during that
period, the United States invested $750 billion on highways
and aviation.
(8) The Amtrak Reform and Accountability Act of 1997, and
preceding statutes, resulted in creating conflicting missions
for the National Railroad Passenger Corporation of both
serving a public function by operating unprofitable long-
distance routes while also attempting to operate at a profit.
This policy has also restricted Amtrak's profit potential on
the Northeast Corridor by limiting the capital expenditures
to help defray other costs.
(9) Due to a lack of capital investment, the Northeast
Corridor has accumulated a backlog of repair needs, including
life safety and security needs. Investment in the capital
needs of the Northeast Corridor would result in capacity
improvements which would result in greater utilization of the
existing infrastructure.
(10) The Department of Transportation Inspector General's
2001 Assessment of Amtrak's Financial Performance and
Requirements (Report #CR-2002-075) found that Amtrak's lack
of available capital has impeded its efforts to achieve
financial goals.
(11) In order to attempt to meet the mandate of the Amtrak
Reform and Accountability Act of 1997, Amtrak has been forced
to delay capital improvement projects and other projects
which would produce long-term benefits.
(12) The Department of Transportation Inspector General's
2001 Assessment of Amtrak's Financial Performance and
Requirements (Report #CR-2002-075) found that Amtrak's most
profitable operations are on the Northeast Corridor, where
Federal investment in passenger rail infrastructure has been
significantly higher than anywhere else in the country.
(13) Federal investments in capital projects to support
passenger rail in areas other than the Northeast Corridor
would result in improved service and increase profitability.
(14) The need for a balanced interstate and international
transportation system that provides a viable alternative to
travel by private automobile or commercial aircraft is
particularly evident after the events of September 11, 2001.
(15) As a matter of national security, a strong passenger
rail network would provide travelers an alternative to
highway and air travel, which could lead to reduced United
States reliance on foreign oil imports.
(16) In fiscal year 2001, the United States spent less than
1 percent of all transportation modal spending on intercity
passenger rail, and since 1998, Amtrak has received only
$4.59 billion of the $8.42 billion it has been authorized to
receive by Congress.
(17) Passenger rail in the United States has no stable
funding source, in contrast to highways, aviation, and
transit.
(18) Per capita spending on passenger rail is much higher
in other countries than the United States and, in fact, the
United States ranks behind other countries including Canada,
Japan, France, Great Britain, Italy, Spain, Austria,
Switzerland, Belgium, Sweden, Luxembourg, Denmark, Ireland,
Norway, the Czech Republic, Finland, Slovakia, Portugal,
Poland, South Africa, Greece, and Estonia.
(19) The United States needs to engage in long-term
planning to foster and address future passenger
transportation growth and show forethought regarding
transportation solutions rather than be forced to act due to
an impending crisis.
(20) It is in the national interest to preserve passenger
rail service in the United States and to maintain the
solvency of the National Railroad Passenger Corporation.
(21) Long-term planning and support for passenger rail will
help offset the emerging problems created by transportation
congestion, and contribute to a cleaner and more
environmentally-friendly transportation system.
(22) A comprehensive re-evaluation of our nation's rail
passenger policy is required and a clearly defined role for
Amtrak and a connected rail passenger network must be
established.
(23) The Federal government must take the primary
responsibility for developing national railroad passenger
transportation infrastructure, and help ensure that it
functions as an efficient network. Privatization of the rail
passenger industry in Great Britain has been disastrous and
passenger service has suffered overall.
(24) The Nation should be afforded the opportunity to
receive safe, efficient, and cost-effective rail passenger
services, taking into account all benefits to the Nation as a
whole.

TITLE I--RAIL TRANSPORTATION SECURITY

SEC. 101. AMTRAK SECURITY ASSISTANCE.

(a) Infrastructure Security.--The following amounts are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for fiscal year 2003:
(1) $26,000,000 for tunnel, bridge, electric traction, and
tower security, including closed circuit television cameras,
vehicle barriers, lighting, and fencing, of which $19,725,000
shall be obligated or expended on the Northeast Corridor and
$6,275,000 shall be obligated or expended outside the
Northeast Corridor.
(2) $137,370,000 for interlocking security needs, including
closed circuit television cameras, lighting, fencing and
vehicle barriers, of which 50 percent shall be obligated or
expended on the Northeast Corridor and 50 percent shall be
obligated or expended outside the Northeast Corridor.
(3) $12,525,000 for equipment facility security, including
closed circuit television cameras, lighting, and vehicle
barriers, of which $4,175,000 shall be obligated or expended
on the Northeast Corridor and $8,350,000 shall be obligated
or expended outside the Northeast Corridor.
(4) $22,140,000 for yard and terminal security, including
closed circuit television cameras, lighting, fencing and
vehicle barriers, of which $9,225,000 shall be obligated or
expended on the Northeast Corridor and $12,915,000 shall be
obligated or expended outside the Northeast Corridor.
(5) $2,940,000 for mail and express facilities security,
including closed circuit television cameras, lighting,
fencing, and vehicle barriers, of which $1,470,000 shall be
obligated or expended on the Northeast Corridor and
$1,470,000 shall be obligated or expended outside the
Northeast Corridor.
(6) $20,125,000 for station security, including closed
circuit television cameras, x-ray machines, lighting, fencing
and vehicle barriers, of which $7,000,000 shall be obligated
or expended on the Northeast Corridor and $13,125,000 shall
be obligated or expended outside the Northeast Corridor.
(7) $538,000 for employee identification systems, including
improved technology for badges issued to employees and
visitors controlled through a centralized database.
(8) $75,000 for bomb-resistant trash containers, of which
50 percent shall be obligated or expended on the Northeast
Corridor and 50 percent shall be obligated or expended
outside the Northeast Corridor.
(9) $5,800,000 for a passenger information retrieval system
to capture security information, create watchlists, and an
online history of passengers, of which 50 percent shall be
obligated or expended on the Northeast Corridor and 50
percent shall be obligated or expended outside the Northeast
Corridor.
(10) $6,200,000 for an incident tracking system to create
and maintain an electronic database of data on criminal and
operational incidents, of which 50 percent shall be obligated
or expended on the Northeast Corridor and 50 percent shall be
obligated or expended outside the Northeast Corridor.
(11) $4,300,000 for upgrades to ticket kiosks for photo
imaging for identification purposes, of which 50 percent
shall be obligated or expended on the Northeast Corridor and
50 percent shall be obligated or expended outside the
Northeast Corridor.
(12) $16,750,000 for an incident command system to serve as
a second command center and a disaster recovery command site,
of which $5,000,000 shall be obligated or expended on the
Northeast Corridor and $11,750,000 shall be obligated or
expended outside the Northeast Corridor.
(13) $5,000,000 for train locator and tracking systems to
provide GPS coordinates for all locomotives, of which 50
percent shall be obligated or expended on the Northeast
Corridor and 50 percent shall be obligated or expended
outside the Northeast Corridor.
(14) $120,000 for a notification system for integration of
GPS information into the central computer systems, of which
50 percent

[[Page S1604]]

shall be obligated or expended on the Northeast Corridor and
50 percent shall be obligated or expended outside the
Northeast Corridor.
(15) $1,245,000 for mail and express shipment software to
identify each shipment positively before it is transported by
rail, of which $405,000 shall be obligated or expended on the
Northeast Corridor and $840,000 shall be obligated or
expended outside the Northeast Corridor.
(16) $1,211,000 for mail and express tracking deployment to
identify the status of each rail shipment.
(b) Security Operations.--The following amounts are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for fiscal year 2003:
(1) $354,000 for hiring 4 police officers, each of whom is
to be dedicated to a specific region of the United States, to
provide intelligence-gathering and analysis, conduct crime-
mapping assessments throughout the entire system, work with
law enforcement to prevent terrorist acts and reduce Amtrak's
vulnerability, of which 50 percent shall be obligated or
expended on the Northeast Corridor and 50 percent shall be
obligated or expended outside the Northeast Corridor.
(2) $10,411,000 for the hiring of 150 patrol officers and
48 specialized personnel, of whom 101 would be deployed on
the Northeast Corridor and 97 outside the Northeast Corridor.
(3) $11,292,000 for the hiring of 250 security officers, of
whom 147 would be deployed on the Northeast Corridor and 103
outside the Northeast Corridor.
(4) $1,828,000 for the hiring of 20 canine bomb teams, of
which 14 are to be deployed outside the Northeast Corridor
and 10 are to be deployed to mail and express facilities.
(5) $30,761,000 for 90 infrastructure security inspectors
to inspect the rights-of-way, bridges, buildings, tunnels,
communications and signaling equipment, fencing, gates,
barriers, lighting, catenary system, and other security
features, of which $21,000,000 is to be obligated or expended
on the Northeast Corridor and $10,000,000 is to be obligated
or expended outside the Northeast Corridor.
(6) $2,990,000 to expand aviation capabilities for security
coverage and patrol capabilities, including equipment, staff,
and facilities, of which $997,000 is to be obligated or
expended on the Northeast Corridor and $1,993,000 is to be
obligated or expended outside the Northeast Corridor.
(7) $1,095,000 for the leasing of 150 vehicles and 10
bicycles to support patrol capabilities, of which $569,000 is
to be obligated or expended on the Northeast Corridor and
$526,000 is to be obligated or expended outside the Northeast
Corridor.
(8) $669,000 for 6 management level positions with
responsibility for direction, control, implementation, and
monitoring of security systems, including the deployment of
the 250 security officers throughout the Amtrak system, of
which $446,000 is to be obligated or expended on the
Northeast Corridor and $223,000 is to be obligated or
expended outside the Northeast Corridor.
(9) $980,000 for applicant background investigations, of
which 50 percent shall be obligated or expended on the
Northeast Corridor and 50 percent shall be obligated or
expended outside the Northeast Corridor.
(10) $457,000 for rapid response teams to respond to and
prepare for on-site consequence management, all of which
shall be obligated or expended outside the Northeast
Corridor.
(c) Equipment Security.--
(1) In general.--The following amounts are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for fiscal year 2003:
(A) $1,755,000 to provide two-way communication devices for
all Amtrak conductors.
(B) $3,000,000 for 2 mobile emergency command and
communication units and rapid response teams, 1 to be located
in the Midwest and 1 on the West Coast.
(C) $651,000 for 200 to 400 radioactive material detectors
to be deployed system-wide, of which $231,000 is to be
obligated or expended on the Northeast Corridor and $420,000
is to be obligated or expended outside the Northeast
Corridor.
(D) $4,000,000 for hand-held bomb detectors for use by
police to inspect baggage and packages.
(E) $1,400,000 to screen express packages before being
placed on trains.
(F) $1,305,000 for secure locking devices on mail and
express cars that have satellite-monitoring capability.
(G) $10,234,000 for video recording systems on road
locomotives, of which $4,859,000 is to be obligated or
expended on the Northeast Corridor and $5,375,000 is to be
obligated or expended outside the Northeast Corridor.
(H) $6,712,000 to acquire and install satellite-based
technology to shut down any locomotive that is not under the
control of its crew.
(I) $4,320,000 to install 10 new communications stations to
enable radio communications in remote locations and 12
satellite receivers.
(J) $4,000,000 for 4 self-propelled high-speed rail cars
designated for selective patrol and enforcement functions,
including critical incident response, dignitary protection,
and roving rail security inspections.
(2) Allocation.--Except as provided in subparagraphs (B),
(C), and (G) of paragraph (1), 50 percent of any amounts
appropriated pursuant to paragraph (1) shall be obligated or
expended on the Northeast Corridor and 50 percent of such
amounts shall be obligated or expended outside the Northeast
Corridor.
(d) Availability of Funds.--Amounts appropriated pursuant
to subsections (a), (b), and (c) shall remain available until
expended.
(e) Prohibition on Use of Equipment for Employment-Related
Purposes.--An employer may not use closed circuit television
cameras purchased with amounts authorized by this section for
employee disciplinary or monitoring purposes unrelated to
transportation security.

SEC. 102. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

(a) Requirement for Study.--Not later than June 1, 2003,
the Comptroller General shall carry out a study of the rail
passenger transportation security programs that are carried
out for rail transportation systems in Japan, member nations
of the European Union, and other foreign countries.
(b) Purpose.--The purpose of the study shall be to identify
effective rail transportation security measures that are in
use in foreign rail transportation systems, including
innovative measures and screening procedures determined
effective.
(c) Report.--The Comptroller General shall submit a report
on the results of the study to Congress. The report shall
include the Comptroller General's assessment regarding
whether it is feasible to implement within the United States
any of the same or similar security measures that are
determined effective under the study.

SEC. 103. PASSENGER, BAGGAGE, AND CARGO SCREENING.

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

SEC. 104. RAIL SECURITY.

(a) Secretary of Transportation.--Section 20103(a) is
amended by striking ``safety'' and inserting ``safety,
including the security of railroad operations,''.
(b) Rail Police Officers.--Section 28101 is amended by
striking ``the rail carrier'' each place it appears and
inserting ``any rail carrier''.
(c) Review of Rail Regulations.--Within 180 days after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Federal Railroad
Administration's Rail Safety Advisory Committee, shall review
existing rail regulations of the Department of Transportation
for the purpose of identifying areas in which those
regulations need to be revised to improve rail safety and
security.

SEC. 105. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

(a) In General.--
(1) Assessment.--The Secretary of Transportation shall
assess the security risks associated with rail transportation
and develop prioritized recommendations for--
(A) improving the security of rail tunnels, rail bridges,
rail switching areas, and other areas identified by the
Secretary as posing significant rail-related risks to public
safety and the movement of interstate commerce, taking into
account the impact that any proposed security measure might
have on the provision of rail service;
(B) the deployment of chemical and biological weapon
detection equipment;
(C) dealing with the immediate and long-term economic
impact of measures that may be required to address those
risks; and
(D) training employees in terrorism response activities.
(2) Existing private and public sector efforts.--The
assessment shall include a review of any actions already
taken to address identified security issues by both public
and private entities.
(3) Railroad crossing delays.--The Secretary shall include
in the assessment an analysis of the risks to public safety
and to the security of rail transportation that are
associated with long delays in the movement of trains that
have stopped on railroad grade crossings of highways,
streets, and other roads for motor vehicle traffic,
especially in major metropolitan areas. The Secretary shall
include in the recommendations developed under paragraph (1)
recommended actions for preventing such delays and reducing
the risks identified in the analysis.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment required by subsection (a), the Secretary
shall--
(1) consult with rail management, rail labor, and public
safety officials (including officials responsible for
responding to emergencies); and

[[Page S1605]]

(2) utilize, to the maximum extent feasible, the resources
and assistance of--
(A) the Federal Railroad Administration's Rail Safety
Advisory Committee; and
(B) the Transportation Research Board of the National
Academy of Sciences.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report, without compromising national
security, containing--
(A) the assessment and prioritized recommendations required
by subsection (a); and
(B) any proposals the Secretary deems appropriate for
providing Federal financial, technological, or research and
development assistance to railroads to assist the railroads
in reducing the likelihood, severity, and consequences of
deliberate acts of crime or terrorism toward rail employees,
rail passengers, rail shipments, or rail property.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $5,000,000 for fiscal
year 2003 to carry out this section, such sums to remain
available until expended.

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

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

(a) In General.--Chapter 261 is amended by inserting before
section 26101 the following:

``Sec. 26100. Policy

``(a) In General.--The Congress declares that it is the
policy of the United States that designated high-speed
railroad passenger transportation corridors are the building
blocks of an interconnected interstate railroad passenger
system that serves the entire Nation.
``(b) Secretary Required To Establish National High-Speed
Ground Transportation Policy.--The Secretary of
Transportation shall establish the national high-speed ground
transportation policy required by section 309(e)(1) of this
title no later than December 31, 2002.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 261 is amended by
inserting before the item relating to section 26101 the
following:

``26100. Policy.''.
(2) Section 309(e)(1) is amended by striking ``Within 12
months after the submission of the study required by
subsection (d),'' and inserting ``No later than December 31,
2002,''.

SEC. 202. HIGH-SPEED RAIL CORRIDOR PLANNING.

(a) In General.--Section 26101(a) is amended to read as
follows:
``(a) Planning.--
``(1) In general.--The Secretary of Transportation shall
provide planning assistance to States or group of States and
other public agencies promoting the development of high-speed
rail corridors designated by the Secretary under section
104(d) of title 23.
``(2) Secretary may provide direct or financial
assistance.--The Secretary may provide planning assistance
under paragraph (1) directly or by providing financial
assistance to a public agency or group of public agencies to
undertake planning activities approved by the Secretary.
``(3) 100 percent federal funding.--The Secretary may not
require any portion of the publicly financed costs associated
with eligible activities to come from non-Federal sources.
``(4) Priorities to chicago, atlanta, and dallas/fort
worth.--In determining projects to be undertaken pursuant to
this paragraph, the Secretary shall give the highest
priorities to undertaking planning in the vicinity of Union
Station in Chicago, Illinois, in metropolitan Atlanta,
Georgia, and in the Dallas/Fort Worth, Texas, area.''.
(b) Conforming and Other Amendments to Section 26101.--
Section 26101 is further amended--
(1) by striking subsection (c)(2) and inserting the
following:
``(2) the extent to which the proposed planning focuses on
high-speed rail systems, giving a priority to systems which
will achieve sustained speeds of 125 miles per hour or
greater and projects involving dedicated rail passenger
rights-of-way;'';
(2) by inserting ``and'' after the semicolon in subsection
(c)(12);
(3) by striking ``completed; and'' in subsection (c)(13)
and inserting ``completed.'';
(4) by striking subsection (c)(14); and
(5) by adding at the end the following:
``(d) Operators and Certain Service Providers Deemed Rail
Carriers.--A person that conducts rail operations, or
performs catering, cleaning, construction, maintenance or
other services for rail operations, funded or otherwise
receiving assistance under this section is deemed to be a
rail carrier for purposes of part A of subtitle IV, when so
operating or performing such services.''.
(c) Conforming Amendment.--Section 511(n)(1) of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 831(n)(1)) is amended by striking ``125'' and
inserting ``90''.
(d) Financial Assistance To Include Loans and Loan
Guarantees.--Section 26105(1) is amended by inserting
``loans, loan guarantees,'' after ``contracts,''.
(e) Reinvestment of Non-passenger Operating Profit.--Amtrak
shall invest any revenue from non-passenger operations in
capital needs outside the Northeast Corridor.

SEC. 203. IMPLEMENATION ASSISTANCE.

(a) In General.--Chapter 261 is amended by inserting after
section 26101 the following:

``Sec. 26101A. Implementation of corridor plans

``(a) Implementation Assistance.--
``(1) In general.--The Secretary of Transportation shall
provide implementation assistance to States or group of
States and other public agencies promoting the development of
high-speed rail corridors designated by the Secretary under
section 104(d) of title 23. The Secretary shall establish an
application and qualification process and, before providing
assistance under this section, make a determination on the
record that the applicant is qualified and eligible for
assistance under this section.
``(2) Secretary may provide direct or financial
assistance.--The Secretary may provide implementation
assistance under paragraph (1) directly or by providing
financial assistance to a public agency or group of public
agencies to undertake implementation activities approved by
the Secretary.
``(3) 100 percent federal share.--The Secretary may not
require any portion of the publicly financed costs associated
with eligible activities to come from non-Federal sources.
``(4) Contribution of land.--Notwithstanding paragraph (3),
the Secretary may accept land contributed by a State for
right-of-way, without regard to whether the State acquired
the land directly or indirectly through the use of Federal
funds, including transfers from the Highway Trust Fund under
section 9503 of the Internal Revenue Code of 1986.
``(5) Priorities to chicago, atlanta, and dallas/fort
worth.--In determining projects to be undertaken pursuant to
this subsection, the Secretary shall give the highest
priorities to undertaking implementation assistance in the
vicinity of Union Station in Chicago, Illinois, in
metropolitan Atlanta, Georgia, and in the Dallas/Fort Worth,
Texas, area.
``(6) Special transportation circumstances.--In carrying
out this section, the Secretary shall allocate an appropriate
portion of the amounts available for implementation
assistance to providing appropriate related assistance in any
State the rail transportation system of which--
``(A) is not physically connected to rail systems in the
continental United States; and
``(B) may not otherwise qualify for high-speed rail
implementation assistance due to the constraints imposed on
the railway infrastructure in that State due to the unique
characteristics of the geography of that State or other
relevant considerations, as determined by the Secretary.
``(b) Eligible Implementation Activities.--The following
activities are eligible for implementation assistance under
subsection (a):
``(1) Security planning and the acquisition of security and
emergency response equipment.
``(2) Operating expenses.
``(3) Infrastructure acquisition and construction of track
and facilities.
``(4) Highway-rail grade crossing eliminations and
improvements.
``(5) Acquisition of rights-of-way, locomotives, rolling
stock, track, and signal equipment.
``(c) Criteria for Determining Assistance for
Implementation Activities.--The Secretary, in selecting
recipients of assistance under subsection (a), shall--
``(1) encourage the use of positive train control
technologies;
``(2) require that any project meet any existing safety
regulations, and give preference to any project determined by
the Secretary to have particularly high levels of safety;
``(3) encourage intermodal connectivity by locating train
stations in or near airports, bus terminals, subway stations,
ferry ports, and other modes of transportation; and
``(4) ensure a general regional balance in providing such
assistance and avoid the concentration of a disproportionate
dedication of available financial assistance resources to a
single project or region of the country.
``(d) Operators and Certain Service Providers Deemed Rail
Carriers.--A person that conducts rail operations, or
performs catering, cleaning, construction, maintenance or
other services for rail operations, funded or otherwise
receiving assistance under this section is deemed to be a
rail carrier for purposes of part A of subtitle IV, when so
operating or performing such services.''.
(b) Rulemaking Required.--Within 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a rulemaking to create an application and
qualification procedure for providing high-speed rail
corridor implementation assistance under section 26101A of
title 49, United States Code.
(c) Conforming Amendment.--The chapter analysis for chapter
261 is amended by inserting after the item relating to
section 26101 the following:

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

[[Page S1606]]

SEC. 204. DESIGNATED HIGH-SPEED RAIL CORRIDORS.

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

SEC. 205. LABOR STANDARDS.

(a) Employee Protection.--The Secretary of Transportation
shall require as a condition of any project financed in whole
or in part by funds authorized by this Act that the project
be conducted in a manner that provides a fair arrangement at
least as protective of the interests of employees who are
affected by the project so funded as the terms imposed under
arrangements reached under section 141 of the Amtrak Reform
and Accountability Act of 1997 (49 U.S.C. 24706 note) on rail
carriers.
(b) Labor Standards.--
(1) Prevailing wages.--The Secretary or Transportation--
(A) shall ensure that laborers and mechanics employed by
contractors and subcontractors in construction work financed
in whole or in part by funds authorized by this Act will be
paid wages not less than those prevailing on similar
construction in the locality, as determined by the Secretary
of Labor under the Act of March 3, 1931 (known as the Davis-
Bacon Act; 40 U.S.C. 276a et seq.); and
(B) may make such funds available with respect to
construction work only after being assured that required
labor standards will be maintained on the construction work.
(2) Wage rates.--Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C.
151 et seq.) are deemed for purposes of this subsection to
comply with the Act of March 3, 1931 (known as the Davis-
Bacon Act; 40 U.S.C. 276a et seq.).

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

(a) In General.--The entire cost of construction of
projects for the elimination of hazards of railway-highway
crossings in designated high-speed rail corridors, including
the separation or protection of grades at crossings, the
reconstruction of existing railroad grade crossing
structures, and the relocation of highways to eliminate grade
crossings, may be paid from sums authorized by subsection
(k). In any case when the elimination of the hazards of a
railway-highway crossing can be effected by the relocation of
a portion of a railway at a cost estimated by the Secretary
of Transportation to be less than the cost of such
elimination by one of the methods mentioned in the first
sentence of this section, then the entire cost of such
relocation project may be paid from sums authorized by
subsection (k).
(b) Classification of Projects.--The Secretary may classify
the various types of projects involved in the elimination of
hazards of high-speed rail corridor railway-highway
crossings, and may set for each such classification a
percentage of the costs of construction which shall be deemed
to represent the net benefit to the railroad or railroads for
the purpose of determining the railroad's share of the cost
of construction. The percentage so determined shall in no
case exceed 10 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.--Each State shall
conduct and systematically maintain a survey of all high-
speed rail corridor railway-highway crossings to identify
those railroad crossings which may require separation,
relocation, or protective devices, and establish and
implement a schedule of projects for this purpose.
(e) Funds for Protective Devices.--The Secretary shall give
priority under this section to the elimination of high-speed
rail corridor railway-highway grade crossings, but shall make
funds authorized for obligation or expenditure under this
section available for the installation of protective devices
at high-speed rail corridor railway-highway crossings where
appropriate.
(f) Apportionment.--The Secretary shall apportion funds
available for obligation and expenditure under this section
between high-speed rail corridor railway-highway crossings on
the Northeast Corridor and such crossings outside the
Northeast Corridor in an equitable fashion, taking into
account traffic volume, traffic patterns, frequency of
trains, adequacy of existing hazard warnings, and such other
factors as the Secretary deems appropriate.
(g) Annual Report.--The Secretary shall report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure not later than December 30 of each year on the
progress being made to implement the railway-highway
crossings program authorized by this section and the
effectiveness of such improvements. Each report shall contain
an assessment of the costs of the various treatments employed
and subsequent accident experience at improved locations. The
report shall include--
(1) the number of projects undertaken, their distribution
by cost range, road system, nature of treatment, and
subsequent accident experience at improved locations;
(2) an analysis and evaluation of the program activities in
each State, including identification of any State found not
to be in compliance with the schedule of improvements
required by subsection (d); and
(3) recommendations for future implementation of the
railway-highway crossings program under this section and
section 130 of title 23, United States Code.
(h) Use of Funds for Matching.--Funds authorized to be
appropriated to carry out this section may be used to provide
a local

[[Page S1607]]

government with funds to be used on a matching basis when
State funds are available which may only be spent when the
local government produces matching funds for the improvement
of railway-highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures.--.
(1) In general.--Notwithstanding any other provision of
this section and subject to paragraphs (2) and (3), the
Secretary may make incentive payments to a local government
upon the permanent closure by such government of public at-
grade high-speed rail corridor railway-highway crossings
under its jurisdiction.
(2) Incentive payments by railroads.--The Secretary may not
make an incentive payment under paragraph (1) to a local
government with respect to the closure of a crossing unless
the railroad owning the tracks on which the crossing is
located makes an incentive payment to the government with
respect to the closure.
(3) Amount of federal incentive payment.--The amount of the
incentive payment payable to a local government under
paragraph (1) with respect to a crossing may not exceed the
lesser of--
(A) the amount of the incentive payment paid to the
government with respect to the crossing by the railroad
concerned under paragraph (2); or
(B) $ 7,500.
(j) Coordination With Title 23 Program.--In carrying out
this section, the Secretary shall--
(1) implement this section in accordance with the
classification of projects and railroad share of the cost as
provided in section 646.210 of title 23, Code of Federal
Regulations; and
(2) coordinate the administration of this section with the
program established by section 130 of title 23, United States
Code, in order to avoid duplication of effort and to ensure
the effectiveness of both programs.
(k) Funding.--Not less than 10 percent of the amounts
appropriated for each fiscal year to carry out section 26101A
shall be obligated or expended to carry out this section.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

Section 26104 is amended to read as follows:

``Sec. 26104. Authorization of appropriations

``(a) Fiscal Years 2003 Through 2008.--There are authorized
to be appropriated to the Secretary for each of fiscal years
2003 through 2008--
``(1) $25,000,000 for carrying out section 26101;
``(2) $1,500,000,000 for carrying out section 26101A; and
``(3) $25,000,000 for carrying out section 26102.
``(b) Funds To Remain Available.--Funds made available
under this section shall remain available until expended.
``(c) Special Rule.--Except as specifically provided in
section 26101, 26101A, or 26102, no amount authorized by
subsection (a) may be used for obligation or expenditure on
the Boston-to-Washington segment of the Northeast Corridor
while that segment is receiving Federal funds for capital or
operating expenses.''.

TITLE III--NATIONAL RAILROAD PASSENGER CORPORATION

SEC. 301. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM
DEFINED.

(a) In General.--Section 24102 is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated the
following:
``(5) `national rail passenger transportation system'
means--
``(A) the spine of the Northeast Corridor between Boston,
Massachusetts and Washington, D.C.;
``(B) rail corridors that have been designated by the
Secretary of Transportation as high-speed corridors, but only
after they have been improved to permit operation of high-
speed service;
``(C) long-distance routes of more than 750 miles between
endpoints operated by Amtrak as of the date of enactment of
the National Defense Rail Act; and
``(D) short-distance corridors or routes operated as of the
date of enactment of the National Defense Rail Act, unless
discontinued by Amtrak.''.
(b) Amtrak Routes With State Funding.--
(1) In general.--Chapter 247 is amended by inserting after
section 27101 the following:

``Sec. 24702. Transportation requested by States,
authorities, and other persons

``(a) Contracts for Transportation.--Amtrak and a State, a
regional or local authority, or another person may enter into
a contract for Amtrak to operate an intercity rail service or
route not included in the national rail passenger
transportation system upon such terms as the parties thereto
may agree.
``(b) Discontinuance.--Upon termination of a contract
entered into under this section, or the cessation of
financial support under such a contract, Amtrak may
discontinue such service or route, notwithstanding any other
provision of law.''.
(2) Conforming amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to
section 24701 the following:

``24702. Transportation requested by States, authorities, and other
persons''.

SEC. 302. EXTENSION OF AUTHORIZATION.

(a) In General.--Section 24104(a) is amended--
(1) by striking ``and'' in paragraph (4);
(2) by striking ``2002,'' in paragraph (5) and inserting
``2002; and''; and
(3) by inserting after paragraph (5) the following:
``(6) such sums as are authorized by this title and by the
National Defense Rail Act for fiscal years 2003 through
2007,''.
(b) Repeal of Self-sufficiency Requirements.
(1) Title 49 amendments.--Chapter 241 is amended--
(A) by striking the last sentence of section 24101(d); and
(B) by striking the last sentence of section 24104(a).
(2) Amtrak reform and accountability act amendments.--Title
II of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 nt) is amended by striking sections 204 and 205.
(3) Common stock redemption date.--Section 415 of the
Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304
nt) is amended by striking subsection (b).
(c) Lease arrangements.--Amtrak may obtain services from
the Administrator of General Services, and the Administrator
may provide services to Amtrak, under section 201(b) and
211(b) of the Federal Property and Administrative Service Act
of 1949 (40 U.S.C. 481(b) and 491(b)) for fiscal year 2003
and each fiscal year thereafter.
(d) Miscellaneous Amtrak-related Amendments.--
(1) Financial powers.--Section 415(d) of the Amtrak Reform
and Accountability Act of 1997 by adding at the end the
following:
``(3) This section does not affect the applicability of
section 3729 of title 31, United States Code, to claims made
against Amtrak.''.
(2) Application of d.c. corporation act.--Section 24301(e)
is amended by striking ``title 5, this part, and, to the
extent consistent with this part, the District of Columbia
Corporation Act (D.C. Code 29-301 et seq.)'' and inserting
``title 5 and this part''.
(3) Application of buy american act.--Section 24305(f) is
amended to read as follows:
``(f) Domestic Buying Preferences.--The Buy American Act
(41 U.S.C. 10a) and section 301 of the Trade Agreements Act
of 1979 (19 U.S.C. 2511) apply to Amtrak.''.

SEC. 303. ADDITIONAL AMTRAK AUTHORIZATIONS.

(a) Excess RRTA.--There are authorized to be appropriated
to the Secretary of Transportation for the use of Amtrak for
fiscal year 2003, and each fiscal year thereafter, an amount
equal to the amount Amtrak must pay under section 3221 of the
Internal Revenue Code of 1986 in fiscal years that is more
than the amount needed for benefits for individuals who
retire from Amtrak and for their beneficiaries.
(b) Principal and Interest Payments.--
(1) Principal on debt service.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for retirement of principal on loans for capital
equipment, or capital leases, the following amounts:
(A) For fiscal year 2003, $105,000,000.
(B) For fiscal year 2004, $93,000,000.
(C) For fiscal year 2005, $105,000,000.
(D) For fiscal year 2006, $108,000,000.
(E) For fiscal year 2007, $183,000,000.
(2) Interest on debt.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for the payment of interest on loans for capital
equipment, or capital leases, the following amounts:
(A) For fiscal year 2003, $160,000,000.
(B) For fiscal year 2004, $157,000,000.
(C) For fiscal year 2005, $147,000,000.
(D) For fiscal year 2006, $142,000,000.
(E) For fiscal year 2007, $134,000,000.
(c) Environmental Compliance.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $30,000,000, of which one-third shall be
obligated or expended on the Northeast Corridor and two-
thirds shall be obligated or expended outside the Northeast
Corridor, in order to comply with environmental regulations.
(d) Compliance with ADA Requirements.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for
each of fiscal years 2003 through 2007, $43,000,000 for
access improvements in facilities and stations necessary to
comply with the requirements of the Americans With
Disabilities Act of 1990 (42 U.S.C. 12162), including an
initial assessment of the full set of needs across the
national rail passenger transportation system, of which--
(A) $10,000,000 shall be obligated or expended on the
Northeast Corridor; and
(B) $33,000,000,000 shall be obligated or expended outside
the Northeast Corridor, of which $15,000,000 shall be
obligated or expended for long-distance trains.
(2) Best efforts requirement.--If Amtrak fails to meet the
period for compliance requirement imposed by section
242(e)(2)(A)(ii)(I) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12162(e)(2)(A)(ii)(I))--
(A) it shall not be considered discrimination for purposes
of section 202 of that Act (42 U.S.C. 12132) or section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) if Amtrak
demonstrates to the satisfaction of the Secretary of
Transportation that--

[[Page S1608]]

(i) Amtrak has made substantial progress toward meeting the
requirements of section 242(e)(2)(A)(ii)(I) of the Americans
With Disabilities Act of 1990 (42 U.S.C.
12162(e)(2)(A)(ii)(I)); and
(ii) Amtrak's failure to meet the period of compliance
requirement of that section is attributable to the
insufficiency of appropriated funds; and
(B) the period for compliance under section
242(e)(2)(A)(ii)(I) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12162(e)(2)(A)(ii)(I)) shall be extended
until--
(i) sufficient funds have been appropriated to the
Secretary of Transportation for the use of Amtrak to enable
Amtrak to comply fully with the requirements of that section;
and
(ii) a reasonable period of time for the completion of
necessary construction so funded has passed.

SEC. 304. NORTHEAST CORRIDOR AUTHORIZATIONS.

(a) In General.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for
fiscal year 2003, and each fiscal year thereafter, the
following amounts:
(1) $370,000,000 for capital backlog on infrastructure on
the Northeast Corridor to bring infrastructure up to state-
of-good-repair, including renewal of the South End electric
traction system, improvements on bridges and tunnels, and
interlocking and signal system renewal.
(2) $60,000,000 for capital backlog on fleet to bring
existing fleet to a state-of-good-repair, including equipment
replacement and upgrades necessary to meet current service
commitments.
(3) $40,000,000 for capital backlog on stations and
facilities, including improvements to the facility and
platform at the existing Penn Station, and bringing
maintenance-of-way facilities up to state-of-good-repair.
(4) $350,000,000 for ongoing capital infrastructure--
(A) to replace assets on a life-cycle basis;
(B) to ensure that a state-of-good-repair is maintained in
order to meet safety and reliability standards; and
(C) to meet current service commitments.
(5) $40,000,000 for ongoing capital fleet investment to
sustain regularly scheduled maintenance, including a 120-day
cycle of preventive maintenance, and heavy overhauls on a 4-
year schedule, with interior enhancements as needed.
(6) $30,000,000 for ongoing capital improvements to
stations and facilities to provide for regular upgrades to
stations to meet current service needs, and regular
improvements to maintenance-of-equipment and maintenance-of-
way facilities.
(7) $20,000,000 for ongoing technology upgrades of
reservation, distribution, financial, and operations systems,
including hardware, software, infrastructure, and
communications.
(b) Life Safety Needs.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for fiscal year 2003:
(1) $798,000,000 for the 6 New York tunnels built in 1910
to provide ventilation, electrical, and fire safety
technology upgrades, emergency communication and lighting
systems, and emergency access and egress for passengers.
(2) $57,000,000 for the Baltimore & Potomac tunnel built in
1872 to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades.
(3) $40,000,000 for the Washington, D.C. Union Station
tunnels built in 1904 under the Supreme Court and House and
Senate Office Buildings to improve ventilation,
communication, lighting, and passenger egress upgrades.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for fiscal year 2003, $3,000,000 for the
preliminary design of options for a new tunnel on a different
alignment to augment the capacity of the existing Baltimore
tunnels.
(d) Corridor Growth Investment.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for corridor growth investments in the Northeast
Corridor--
(1) For fiscal year 2003, $200,000,000.
(2) For fiscal year 2004, $300,000,000.
(3) For fiscal year 2005, $400,000,000.
(4) For fiscal year 2006, $500,000,000.
(5) For fiscal year 2007, $600,000,000.
(e) Financial Contribution from Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all life safety portions of the tunnel projects
described in subsection (b)--
(1) consider the extent to which rail carriers other than
Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and carriers if feasible.
(f) Availability of Funds.--Amounts appropriated pursuant
to this section shall remain available until expended.
(g) Reinvestment of NEC Operating Profit.--Amtrak shall
invest any revenue from operations in the Northeast Corridor
in capital needs of the corridor until the backlog of capital
improvements are completed under Amtrak's 20-year plan.

SEC. 305. LONG DISTANCE TRAINS.

(a) In General.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for
fiscal year 2003, and each fiscal year thereafter,
$360,000,000 for operating costs associated with long
distance trains.
(b) Capital Backlog and Upgrades.--There are authorized to
be appropriated to the Secretary of Transportation for the
use of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $70,000,000 to reduce the capital backlog and to
bring its existing fleet to a state-of-good-repair, including
equipment replacement and upgrades necessary to meet current
service commitments.
(c) Ongoing Capital Infrastructure Investments.--There are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for fiscal year 2003,
and each fiscal year thereafter, $80,000,000 for ongoing
capital infrastructure--
(1) to replace assets on a life-cycle basis;
(2) to ensure that a state-of-good-repair is maintained in
order to meet safety and reliability standards;
(3) to meet current service commitments; and
(4) to provide funds for investment in partner railroads to
operate passenger service at currently committed levels.
(d) Capital Fleet Needs.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $50,000,000 for ongoing capital fleet needs to
sustain regularly scheduled maintenance, including a 120-day
cycle of preventive maintenance, and heavy overhauls on a 4-
year schedule, with interior enhancements as needed.
(e) Capital Stations and Facilities.--There are authorized
to be appropriated to the Secretary of Transportation for the
use of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $10,000,000 for ongoing capital stations and
facilities needs to provide regular upgrades to stations to
meet current service needs, and regular improvements to
maintenance-of-way equipment and maintenance-of-way
facilities.
(f) Technology Needs.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $10,000,000 for ongoing technology needs to
upgrade reservation, distribution, financial, and operations
systems, including hardware, software, infrastructure, and
communications.

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

There are authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for fiscal year 2003,
and each fiscal year thereafter, for obligation and
expenditure on routes outside the Northeast Corridor--
(1) $20,000,000 for capital backlog on infrastructure to
bring infrastructure up to a state-of-good-repair, including
improvements on bridges and tunnels that are approaching the
end of their useful life and interlocking and signal system
renewal;
(2) $10,000,000 for capital backlog on its fleet to bring
Amtrak's existing fleet as of the date of enactment of this
Act to a state-of-good-repair, including equipment
replacement and upgrades necessary to meet current service
commitments;
(3) $170,000,000 for ongoing capital infrastructure to
replace assets on a life-cycle basis to ensure a state-of-
good-repair is maintained in order to meet safety and
reliability standards needed to deliver current service
commitments, including investment in partner railroads to
operate passenger service at currently committed levels.
(4) $40,000,000 for ongoing capital fleet needs to sustain
regularly scheduled maintenance, including a 120-day cycle
preventive maintenance schedule, and heavy overhauls on a 4-
year schedule, with interior enhancements as needed;
(5) $10,000,000 for ongoing capital stations and facilities
needs to provide regular upgrades to stations to meet current
service needs, and regular improvements to maintenance-of-way
equipment and maintenance-of-way facilities; and
(6) $20,000,000 for ongoing technology needs to upgrade of
reservation, distribution, financial, and operations systems,
including hardware, software, infrastructure and
communications.

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

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

SEC. 308. ON-TIME PERFORMANCE.

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

[[Page S1609]]

Transportation Board shall obtain information from all
parties involved and make recommendations regarding
reasonable measures to improve the on-time performance of the
train.''.

SEC. 309. AMTRAK BOARD OF DIRECTORS.

(a) In General.--Section 24302 is amended to read as
follows:

``Sec. 24302. Board of directors

``(a) Composition and Terms.--
``(1) The board of directors of Amtrak is composed of the
following 9 directors, each of whom must be a citizen of the
United States:
``(A) The President of Amtrak.
``(B) The Secretary of Transportation.
``(C) 7 individuals appointed by the President of the
United States, by and with the advice and consent of the
Senate, with an interest, experience, and qualifications in
or directly related to rail transportation, including
representatives of the passenger rail transportation, travel,
hospitality, cruise line, and passenger air transportation
businesses, and consumers of passenger rail transportation.
``(2) An individual appointed under paragraph (1)(C) of
this subsection serves for 5 years or until the individual's
successor is appointed and qualified. Not more than 4
individuals appointed under paragraph (1)(C) may be members
of the same political party.
``(3) The board shall elect a chairman and a vice chairman
from among its membership. The vice chairman shall serve as
chairman in the absence of the chairman.
``(4) The Secretary may be represented at a meeting of the
board only by the Deputy Secretary of Transportation, the
Administrator of the Federal Railroad Administration, or the
General Counsel of the Department of Transportation.
``(b) Pay and Expenses.--Each director not employed by the
United States Government is entitled to $300 a day when
performing board duties and powers. Each director is entitled
to reimbursement for necessary travel, reasonable secretarial
and professional staff support, and subsistence expenses
incurred in attending board meetings.
``(c) Vacancies.--A vacancy on the board is filled in the
same way as the original selection, except that an individual
appointed by the President of the United States under
subsection (a)(1)(C) of this section to fill a vacancy
occurring before the end of the term for which the
predecessor of that individual was appointed is appointed for
the remainder of that term. A vacancy required to be filled
by appointment under subsection (a)(1)(C) must be filled not
later than 120 days after the vacancy occurs.
``(d) Bylaws.--The board may adopt and amend bylaws
governing the operation of Amtrak. The bylaws shall be
consistent with this part and the articles of
incorporation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003. The members of the
Amtrak Reform Board may continue to serve until 3 directors
appointed by the President under section 24302(a) of title
49, United States Code, as amended by subsection (a), have
qualified for office.

SEC. 310. INDEPENDENT AUDIT OF AMTRAK OPERATIONS; REVIEW BY
DOT IG.

(a) In General.--Amtrak shall employ an independent
financial consultant--
(1) to assess its financial accounting and reporting
system;
(2) to design and assist Amtrak in implementing a modern
financial accounting and reporting system, on the basis of
the assessment, that will produce accurate and timely
financial information in sufficient detail--
(A) to enable Amtrak to assign revenues and expenses
appropriately to each of its lines of business activity; and
(B) to aggregate expenses and revenues related to
infrastructure and distinguish them from expenses and
revenues related to rail operations.
(b) Verification of System; Report.--The Inspector General
of the Department of Transportation shall review the
accounting system designed and implemented under subsection
(a) to ensure that it accomplishes the purposes for which it
is intended. The Inspector General shall report his findings
and conclusions, together with any recommendations, to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure.
(c) Review of Financial Status and Funding Requirements by
DOT Inspector General.--The Inspector General of the
Department of Transportation shall, as part of the
Department's annual assessment of Amtrak's financial status
and capital funding requirements review the obligation and
expenditure of funds under each such funding document,
procedure, or arrangement to ensure that the expenditure and
obligation of those funds are consistent with the purposes
for which they are provided under this Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation for the
use of Amtrak $2,500,000 for fiscal year 2003 to carry out
subsection (a), such sums to remain available until expended.

TITLE IV--MISCELLANEOUS

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

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

SEC. 402. RAIL PASSENGER COOPERATIVE RESEARCH PROGRAM.

(a) In General.--Chapter 249 is amended by adding at the
end the following:

[[Page S1610]]

``Sec. 24910. Passenger rail cooperative research program

``(a) In General.--The Secretary shall establish and carry
out a rail passenger cooperative research program. The
program shall--
``(1) address, among other matters, intercity rail
passenger services, including existing rail passenger
technologies and speeds, incrementally enhanced rail systems
and infrastructure, and new high-speed wheel-on-rail systems;
``(2) give consideration to research on commuter rail,
regional rail, freight rail, and other modes of rail
transportation that may affect rail passenger transportation
due to the interconnectedness of the rail passenger network
with other rail transportation services; and
``(3) give consideration to regional concerns regarding
rail passenger transportation, including meeting research
needs common to designated high-speed corridors, long-
distance rail services, and regional intercity rail
corridors, projects, and entities.
``(b) Contents.--The program to be carried out under this
section shall include research designed--
``(1) to develop more accurate models for evaluating the
indirect effects of rail passenger service, including the
effects on highway and airport and airway congestion,
environmental quality, and energy consumption;
``(2) to develop a better understanding of modal choice as
it affects rail passenger transportation, including
development of better models to predict ridership;
``(3) to recommend priorities for technology demonstration
and development;
``(4) to meet additional priorities as determined by the
advisory board established under subsection (c), including
any recommendations made by the National Research Council;
``(5) to explore improvements in management, financing, and
institutional structures;
``(6) to address rail capacity constraints that affect
passenger rail service through a wide variety of options,
ranging from operating improvements to dedicated new
infrastructure, taking into account the impact of such
options on freight and commuter rail operations; and
``(7) to improve maintenance, operations, customer service,
or other aspects of existing intercity rail passenger service
existing in 2002.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the heads of
appropriate Federal departments and agencies, the Secretary
shall establish an advisory board to recommend research,
technology, and technology transfer activities related to
rail passenger transportation.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation agencies;
``(B) transportation and environmental economists,
scientists, and engineers; and
``(C) representatives of Amtrak, the Alaska Railroad,
transit operating agencies, intercity rail passenger
agencies, railway labor organizations, and environmental
organizations.
``(d) National Academy of Sciences.-- The Secretary may
make grants to, and enter into cooperative agreements with,
the National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsection (b) as the Secretary deems
appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter
249 is amended by adding at the end the following:

``24910. Passenger rail cooperative research program''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation
$5,000,000 for fiscal year 2003, and each fiscal year
thereafter, to carry out section 24910(d) of title 49, United
States Code.

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

(a) Section 307.--
(1) Section 307 is amended--
(A) by striking ``Interstate Commerce Commission'' in the
section heading and inserting ``Surface Transportation
Board'';
(B) by striking ``Interstate Commerce Commission'' in
subsection (a) and inserting ``Surface Transportation
Board''; and
(C) by striking ``Commission'' each place it appears and
inserting ``Board''.
(2) The chapter analysis for chapter 3 is amended by
striking the item relating to section 307 and inserting the
following:

``307. Safety information and intervention in Surface Transportation
Board proceedings''.

(b) Section 333.--Section 333 is amended--
(1) by striking ``Interstate Commerce Commission'' each
place it appears and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' in subsection (c) and
inserting ``Board''.
(c) Section 351.--Section 351(c) is amended by striking
``Interstate Commerce Commission'' and inserting ``Surface
Transportation Board''.
(d) Section 24307.--Section 24307(b)(3) is amended by
striking ``Interstate Commerce Commission'' and inserting
``Surface Transportation Board''.
(e) Section 24308.--Section 24308 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (a)(2)(A) and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' each place it appears in
subsection (a) and (b) and inserting ``Board''.
(f) Section 24311.--Section 24311 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (c)(1) and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' each place it appears in
subsection (c) and inserting ``Board''.
(g) Section 24902.--Section 24902 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsections (g)(2) and (g)(3) and inserting ``Surface
Transportation Board''; and
(2) by striking ``Commission'' each place it appears in
subsections (g)(2) and (g)(3) and inserting ``Board''.
(h) Section 24904.--Section 24904 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (c)(2) and inserting ``Surface Transportation
Board''; and
(2) by striking ``Commission'' each place it appears in
subsection (c) and inserting ``Board''.

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

Section 601(b) of the Alaska Railroad Transfer Act of 1982
(45 U.S.C. 1209(b)) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following new paragraph:
``(2)(A) The State-owned railroad may convey all right,
title, and interest of the State in any land within the
right-of-way to a third party in exchange for other land
that, in substitution for the land conveyed, is to be
utilized as part of the right-of-way if the continuity of the
right-of-way corridor for transportation, communications, and
transmission purposes is provided by such use of the
substituted land.
``(B) The provisions of this section that require reversion
shall apply to the substituted land, as of the effective date
of the exchange of that land in a transaction authorized by
subparagraph (A), as fully as if the substituted land had
been rail properties of the Alaska Railroad as of January 13,
1983.
``(C) Upon the conveyance of land in a transaction
authorized by subparagraph (A), any reversionary interest in
the land under this section shall terminate.''.
____

National Defense Rail Act

One-time FY 2003 authorization for Security Funds: $1.26
billion.
Total funds authorized annually for FY 2003 through FY
2007: $4.61 billion.

SECURITY PROVISIONS ($1.26 B in FY 2003)

$360M for Amtrak security needs, evenly divided between the
Northeast Corridor and Non-Northeast Corridor.
$5M for DOT to perform a security assessment of all rail,
including freight needs.
$895M for life safety upgrades to tunnels in NY, Balt, DC.
$3M for preliminary design work for the Baltimore tunnels.

FEDERAL HIGH SPEED CORRIDOR DEVELOPMENT ($1.55 B annually)

$25M to DOT for Research and Development Activities.
$25M to DOT for Planning.
$1.5B to DOT for Implementation/Construction.
Must be a designated corridor to receive funding. The
Northeast Corridor is designated, but not eligible to receive
funds under this program if receiving other federal funds.

NORTHEAST CORRIDOR (NEC) ($1.310 B annually)

Requires any operating profit on the NEC to be reinvested
in NEC infrastructure.
$720M for infrastructure.
$100M for fleet.
$70M for stations/facilities.
$20M for technology upgrades.
$400M for growth (annual average).

COOPERATIVE RESEARCH PROGRAM ($5 M annually)

Establishes R & D program at National Academy of Sciences
similar to highway and transit cooperative research programs.

NATIONAL RAILROAD PASSENGER CORPORATION (500 M annually)

Requires profits from non-passenger activities to be
invested in growth activities outside the NEC.
$160M (est.) for mandatory excess Railroad Retirement
Payments.
$267M for debt payments (avg.).
$30M for environmental compliance.
$43M for ADA compliance.
$2.5M for onetime external assessment of Amtrak cost
accounting.

LONG-DISTANCE TRAINS ($580 M annually)

$360M for operating.
$120M for fleet.
$80M for infrastructure.
$10M for stations/facilities.
$10M for technology.

SHORT DISTANCE & STATE-SUPPORTED ROUTES ($270 M annually)

$190M annually for infrastructure.

[[Page S1611]]

$50M annually for fleet.
$10M annually for stations.
$20M annually for technology.

RAIL PROJECT FINANCING ($350 M annually)

Expansion of the DOT's Railroad Rehabilitation and
Improvement Financing Program.
$35B authorization for DOT to provide loans and loan
guarantees (annual estimated 10% credit risk premium).

Mr. BIDEN. Madam President, as my good friend Senator Hollings has
just stated, we are on the brink of a very important decision. Do we
continue to underfund a national passenger rail system? Or do we
finally stand behind the system, committing to it once and for all?
I agree with my good friend, the chairman of the Commerce Committee,
and that's why I joined him in introducing this important bill. For 30
years, I have witnessed Congress dangling a carrot in front of Amtrak's
eyes, funding it just enough for it to limp along. And I'll tell you,
this has to stop. Now is the time to commit politically and financially
to a strong, safe, and efficient passenger rail system. And now is the
time to determine once and for all, what exactly it is that we want out
of passenger rail service in the country. Should this be a truly
national system? And should we devote the resources necessary to
maintain and expand this networks?
Senator Hollings and the rest of my colleagues know that I support
funding the highway and aviation networks, our Nation has relied upon
them for years, and they have served us well. But I look around today
and I see crowded skies and congested roads. At the very same time, I
see empty rails, with the potential to relieve this transportation
burden and serve as a useful alternative for Americans.
As Senator Hollings discussed just now, the events of September 11
further demonstrated, in stark and rigid terms, the necessity of
transportation choices. For years I have argued that we need to sit
down together and begin an honest and frank discussion in order to
create a blueprint for the future of passenger rail.
And, let me tell you this, this bill that I am introducing with
Senator Hollings is a good, solid start. Instead of maintaining the
status quo, the bill offers a vision and a set of priorities for the
future of passenger rail in this country. It says: we need to make sure
this system is safe, as September 11 demonstrated it must be. It says:
we need to seriously invest in the future of this system, which is
high-speed rail. And it says: the Federal Government will need to
adequately fund a national passenger rail network, no matter how the
system is structured.
And that is something that has always mystified me. When it comes to
other forms of transportation, highways and airplanes, we have given
them all they ask for, consistently providing full Federal backing.
Since 1971, in fact, we have given $750 billion to highways and
aviation. In the same period of time, since the birth of Amtrak, we
have only given $25 billion to our national passenger rail system.
That's only 3 percent of all transportation funding in that period.
That is appalling.
If we want a national passenger rail system, and most Americans do,
as all the polls indicate, then we are going to have to pay for it, and
understand the long-term commitment it takes to get this kind of system
up and running. Passenger rail in this country has never had a stable
funding source instead, it has been subjected to the whims and follies
of the political process, and it has lost this battle time and time
again.
Every single industrialized country, France, Japan, Germany,
subsidizes a national rail system. For years, we have been living in a
fantasy - that somehow, we can have our cake and eat it too: that we
could mandate Amtrak to be self-sufficient without giving it nearly
enough money to do so. But Amtrak cannot run a national rail network,
without adequate levels of Federal investment, and still be expected to
be commercially self-sufficient. That is just not rational.
There are two steps, then, in ensuring the future of passenger rail.
Short-term, we have got to make sure that we do not allow Amtrak to go
bankrupt, or worse, mortgage off their future in a desperate attempt to
stay afloat. That is why, alongside many of my colleagues, I have
pushed for the full $1.2 billion appropriations amount that Amtrak has
requested for next year. This bare-bones minimum will give them the
ability to maintain the current state of passenger rail, nothing more,
nothing less.
And in the long-term, we need a new vision for the future of national
passenger rail so these one-time, bare-bones funding requests are no
longer an issue. This bill represents just such a vision. It would
invest seriously in the planning and implementation of high-speed rail
corridors, which provides the most bang for the buck and which almost
every State Governor, Democrat or Republican, has been clamoring for
for years. It would provide money for debt payments, which Amtrak has
incurred as a direct result of Federal underfunding. It would authorize
capital investment funds, to begin to correct the $5.8 billion capital
backlog Amtrak faces today. And it would fund operating costs for the
long-distance trains that provide essential service to rural areas of
the country.
Moreover, it would address the serious security concerns that plague
our rail system today. I stood up here months ago, right after one of
the worst events in our Nation's history. I stood up here in order to
call attention to what I thought, and continue to think, is a dire
situation. And that is this matter of rail security. The events of
September 11 dramatically and starkly revealed how essential it is that
the United States have a national, effective, and secure railroad
passenger system. It also exposed how vulnerable that system is right
now to terrorist attacks. I have traveled through the train tunnels
that Amtrak uses, and let me tell you, these tunnels are just plain
frightening, poor ventilation, poor lighting, inadequate evacuation
routes.
This reauthorization bill would help the system deal with these
tunnels and other gaps in our passenger rail security. A one-time
investment of $1.4 billion would provide security fencing, closed
circuit television, tunnel rehabilitation, increased security
inspections, essential security-related improvements. The Department of
Transportation itself has warned several times in the last few years
about the necessity of quickly and fully funding Amtrak's security
needs. $1.4 billion is a small price to pay to avoid a repeat of
September 11.
Finally, this bill would bring a greater level of accountability to
the whole structure. As Senator Hollings indicated, the $1.55 billion
in funds for high-speed corridor planning and implementation would be
run through the Department of Transportation, so that the Federal
Government can work together with state and local agencies in promoting
the future of our rail system.
This bill, together with the $1.2 billion appropriations for next
year, will bring us closer to the type of passenger rail system that
our Nation deserves and needs. As my good friend Senator Hollings
alluded to, 50 years ago, our leaders had the vision and foresight to
stand up and say, we need an interstate highway system, and we need to
fund it appropriately. Let us today go forward with this blueprint in
hand and create a similar network for passenger rail.
______