[Congressional Record Volume 148, Number 73 (Thursday, June 6, 2002)]
[Senate]
[Pages S5215-S5242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3767. Mr. FRIST (for Mr. Helms (for himself, Mr. Kerry, Mr. 
Warner, Mr. DeWine, and Mr. Smith of Oregon)) submitted an amendment 
intended to be proposed by Mr. Frist to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until expended: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, shall make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund, except that such contribution shall be 
     not less than $100,000,000: Provided further, That funds 
     appropriated by this paragraph, other than those made 
     available as a contribution to the Global Fund, shall not 
     exceed the total resources provided, including on an in-kind 
     basis, from other donors: Provided further, That not more 
     than seven percent of the amount of the funds appropriated by 
     this paragraph, in addition to funds otherwise available for 
     such purpose, may be made available for the administrative 
     costs of United States Government agencies in carrying out 
     programs funded under this paragraph: Provided further, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the entire amount shall be 
     available only to the extent that an official budget request 
     that includes designation of the entire amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to Congress.
                                  ____

  SA 3768. Mr. FRIST (for Mr. Helms (for himself, Mr. Kerry, Mr. 
Warner, Mr. DeWine, and Mr. Smith of Oregon)) submitted an amendment 
intended to be proposed by Mr. Frist to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, insert the following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until expended: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, shall make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund, except that such contribution shall be 
     not less than $100,000,000: Provided further, That funds 
     appropriated by this paragraph, other than those made 
     available as a contribution to the Global Fund, shall not 
     exceed the total resources provided, including on an in-kind 
     basis, from other donors: Provided further, That not more 
     than seven percent of the amount of the funds appropriated by 
     this paragraph, in addition to funds otherwise available for 
     such purpose, may be made available for the administrative 
     costs of United States Government agencies in carrying out 
     programs funded under this paragraph: Provided further, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the entire amount shall be 
     available only to the extent that an official budget request 
     that includes designation of the entire amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to Congress.
                                  ____

  SA 3769. Mr. FRIST (for Mr. Helms (for himself, Mr. Kerry, Mr. 
Warner, Mr. DeWine, and Mr. Smith of Oregon)) submitted an amendment 
intended to be proposed by Mr. Frist to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until March 31, 2003: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, shall make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund, except that such contribution shall be 
     not less than $100,000,000: Provided further, That funds 
     appropriated by this paragraph, other than those made 
     available as a contribution to the Global Fund, shall not 
     exceed the total resources provided, including on an in-kind 
     basis, from other donors: Provided further, That not more 
     than seven percent of the amount of the funds appropriated by 
     this paragraph, in addition to funds otherwise available for 
     such purpose, may be made available for the administrative 
     costs of United States Government

[[Page S5216]]

     agencies in carrying out programs funded under this 
     paragraph: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request that includes 
     designation of the entire amount as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to Congress.
                                  ____

  SA 3770. Mr. FRIST (for Mr. Helms (for himself, Mr. Kerry, Mr. 
Warner, Mr. DeWine, and Mr. Smith of Oregon)) submitted an amendment 
intended to be proposed by Mr. Frist to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, insert the following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until March 31, 2003: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, shall make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund, except that such contribution shall be 
     not less than $100,000,000: Provided further, That funds 
     appropriated by this paragraph, other than those made 
     available as a contribution to the Global Fund, shall not 
     exceed the total resources provided, including on an in-kind 
     basis, from other donors: Provided further, That not more 
     than seven percent of the amount of the funds appropriated by 
     this paragraph, in addition to funds otherwise available for 
     such purpose, may be made available for the administrative 
     costs of United States Government agencies in carrying out 
     programs funded under this paragraph: Provided further, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the entire amount shall be 
     available only to the extent that an official budget request 
     that includes designation of the entire amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to Congress.
                                  ____

  SA 3771. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed, insert the following:
       Sec. 503. Section 1 of Public Law 105-204 (112 Stat. 681) 
     is amended--
       (1) in subsection (b), by striking ``until the date'' and 
     all that follows and inserting ``until the date that is 30 
     days after the date on which the Secretary of Energy awards a 
     contract under subsection (c), and no such amounts shall be 
     available for any purpose except to implement the 
     contract.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Contracting Requirements.--
       ``(1) In general.--Notwithstanding any other provision of 
     law (except section 1341 of title 31, United States Code), 
     the Secretary of Energy shall--
       ``(A) not later than 10 days after the date of enactment of 
     this paragraph, request offerors whose proposals in response 
     to Request for Proposals No. DE-RP05-010R22717 (`Acquisition 
     of Facilities and Services for Depleted Uranium Hexalfluoride 
     (DUF6) Conversion Project') were included in the competitive 
     range as of January 15, 2002, to confirm or reinstate the 
     offers in accordance with this paragraph, with a deadline for 
     offerors to deliver reinstatement or confirmation to the 
     Secretary of Energy not later than 20 days after the date of 
     enactment of this paragraph; and
       ``(B) not later than 30 days after the date of enactment of 
     this paragraph, select for award of a contract the best value 
     of proposals confirmed or reinstated under subparagraph (A), 
     and award a contract for the scope of work stated in the 
     Request for Proposals, including the design, construction, 
     and operation of--
       ``(i) a facility described in subsection (a) on the site of 
     the gaseous diffusion plant at Paducah, Kentucky; and
       ``(ii) a facility described in subsection (a) on the site 
     of the gaseous diffusion plant at Portsmouth, Ohio.
       ``(2) Contract terms.--Notwithstanding any other provision 
     of law (except section 1341 of title 31, United States Code) 
     the Secretary of Energy shall negotiate with the awardee to 
     modify the contract awarded under paragraph (1) to--
       ``(A) require, as a mandatory item, that groundbreaking for 
     construction occur not later than July 31, 2004, and that 
     construction proceed expeditiously thereafter;
       ``(B) include as an item of performance the transportation, 
     conversion, and disposition of depleted uranium contained in 
     cylinders located at the Oak Ridge K-25 uranium enrichment 
     facility located in the East Tennessee Technology Park at Oak 
     Ridge, Tennessee, consistent with environmental agreements 
     between the State of Tennessee and the Secretary of Energy; 
     and
       ``(C) specify that the contractor shall not proceed to 
     perform any part of the contract unless sufficient funds have 
     been appropriated, in advance, specifically to pay for that 
     part of the contract.
       ``(3) Certification of groundbreaking.--Not later than 5 
     days after the date of groundbreaking for each facility, the 
     Secretary of Energy shall submit to Congress a certification 
     that groundbreaking has occurred.
       ``(d) Right of Action for Failure To Comply.--Any aggrieved 
     person or entity may bring a civil action in United States 
     district court for an injunction compelling the Secretary of 
     Energy to comply with this section.
       ``(e) Funding.--
       ``(1) In general.--For purposes of carrying out this 
     section, the Secretary of Energy may use any available 
     appropriations (including transferred unobligated balances).
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated, in addition to any funds made 
     available under paragraph (1), such sums as are necessary to 
     carry out this section.''.
                                  ____

  SA 3772. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 3552 submitted by Mr. Baucus and intended to be proposed 
to the bill (H.R. 4775) making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       (a) In General.--The Secretary of Agriculture (referred to 
     in this title as the ``Secretary'') shall use $1,800,000,000 
     of funds of the Commodity Credit Corporation to make 
     emergency financial assistance available to producers on a 
     farm that have incurred qualifying income losses in calendar 
     year 2001, including losses due to army worms.
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and economic 
     losses as were used in administering that section.
       (c) Use of Funds for Cash Payments.--The Secretary may use 
     funds made available under this section to make, in a manner 
     consistent with this section, cash payments not for crop 
     disasters, but for income loss to carry out the purposes of 
     this section.

     SEC. ____02. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall use $500,000,000 of 
     the funds of the Commodity Credit Corporation to make and 
     administer payments for livestock losses to producers for 
     2001 losses in a county that has received an emergency 
     designation by the President or the Secretary after January 
     1, 2001, of which $12,000,000 shall be made available for the 
     American Indian livestock program under section 806 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).

     SEC. ____03. COMMODITY CREDIT CORPORATION.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this title.

     SEC. ____04. ADMINISTRATIVE EXPENSES.

       (a) In General.--In addition to funds otherwise available, 
     not later than 30 days after the date of enactment of this 
     Act, out of any funds in the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Secretary of Agriculture to pay the salaries and expenses 
     of the Department of Agriculture in carrying out this title 
     $50,000,000, to remain available until expended.
       (b) Receipt and Acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subsection (a), 
     without further appropriation.

     SEC. ____05. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971

[[Page S5217]]

     (36 Fed. Reg. 13804), relating to notices of proposed 
     rulemaking and public participation in rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

     SEC. ____06. EMERGENCY REQUIREMENT.

       The entire amount necessary to carry out this title is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(A) or 252(e) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)).
                                  ____

  SA 3773. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 3628 submitted by Mr. Baucus (for himself, Mr. Burns, and 
Mr. Bingaman) and intended to be proposed to the bill (H.R. 4775) 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

             TITLE ____--EMERGENCY AGRICULTURAL ASSISTANCE

                         Subtitle A--Assistance

     SEC. ____01. INCOME LOSS ASSISTANCE.

       (a) Mandatory Funding.--The Secretary of Agriculture 
     (referred to in this subtitle as the ``Secretary'') shall use 
     $1,552,000,000 of funds of the Commodity Credit Corporation 
     to make emergency financial assistance available to producers 
     on a farm that have incurred qualifying income losses in 
     calendar year 2001, including losses due to army worms.
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and economic 
     losses as were used in administering that section.
       (c) Use of Funds for Cash Payments.--The Secretary may use 
     funds made available under this section to make, in a manner 
     consistent with this section, cash payments not for crop 
     disasters, but for income loss to carry out the purposes of 
     this section.

     SEC. ____02. LIVESTOCK ASSISTANCE PROGRAM.

       (a) Mandatory Funding.--The Secretary shall use 
     $300,000,000 of the funds of the Commodity Credit Corporation 
     to make and administer payments for livestock losses to 
     producers for 2001 losses in a county that has received an 
     emergency designation by the President or the Secretary after 
     January 1, 2001, of which $12,000,000 shall be made available 
     for the American Indian livestock program under section 806 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).

     SEC. ____03. COMMODITY CREDIT CORPORATION.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this subtitle.

     SEC. ____04. ADMINISTRATIVE EXPENSES.

       (a) In General.--In addition to funds otherwise available, 
     not later than 30 days after the date of enactment of this 
     Act, out of any funds in the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Secretary of Agriculture to pay the salaries and expenses 
     of the Department of Agriculture in carrying out this 
     subtitle $50,000,000, to remain available until expended.
       (b) Receipt and Acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subsection (a), 
     without further appropriation.

     SEC. ____05. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this subtitle.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this subtitle shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

                          Subtitle B--Offsets

     SEC. ____11. REVISION OF TAX RULES ON EXPATRIATION.

       (a) In General.--Subpart A of part II of subchapter N of 
     chapter 1 is amended by inserting after section 877 the 
     following new section:

     ``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

       ``(a) General Rules.--For purposes of this subtitle--
       ``(1) Mark to market.--Except as provided in subsection 
     (f), all property of a covered expatriate to whom this 
     section applies shall be treated as sold on the day before 
     the expatriation date for its fair market value.
       ``(2) Recognition of gain or loss.--In the case of any sale 
     under paragraph (1)--
       ``(A) notwithstanding any other provision of this title, 
     any gain arising from such sale shall be taken into account 
     for the taxable year of the sale, and
       ``(B) any loss arising from such sale shall be taken into 
     account for the taxable year of the sale to the extent 
     otherwise provided by this title, except that section 1091 
     shall not apply to any such loss.
     Proper adjustment shall be made in the amount of any gain or 
     loss subsequently realized for gain or loss taken into 
     account under the preceding sentence.
       ``(3) Exclusion for certain gain.--The amount which would 
     (but for this paragraph) be includible in the gross income of 
     any individual by reason of this section shall be reduced 
     (but not below zero) by $600,000. For purposes of this 
     paragraph, allocable expatriation gain taken into account 
     under subsection (f)(2) shall be treated in the same manner 
     as an amount required to be includible in gross income.
       ``(4) Cost-of-living-adjustment.--
       ``(A) In general.--In the case of an expatriation date 
     occurring in any calendar year after 2002, the $600,000 
     amount under paragraph (3) shall be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2001' for `calendar year 1992' in 
     subparagraph (B) thereof.
       ``(B) Rounding rules.--If any amount after adjustment under 
     subparagraph (A) is not a multiple of $1,000, such amount 
     shall be rounded to the next lower multiple of $1,000.
       ``(b) Election To Defer Tax.--
       ``(1) In general.--If the taxpayer elects the application 
     of this subsection with respect to any property treated as 
     sold by reason of subsection (a), the payment of the 
     additional tax attributable to such property shall be 
     postponed until the due date of the return for the taxable 
     year in which such property is disposed of (or, in the case 
     of property disposed of in a transaction in which gain is not 
     recognized in whole or in part, until such other date as the 
     Secretary may prescribe).
       ``(2) Determination of tax with respect to property.--For 
     purposes of paragraph (1), the additional tax attributable to 
     any property is an amount which bears the same ratio to the 
     additional tax imposed by this chapter for the taxable year 
     solely by reason of subsection (a) as the gain taken into 
     account under subsection (a) with respect to such property 
     bears to the total gain taken into account under subsection 
     (a) with respect to all property to which subsection (a) 
     applies.
       ``(3) Termination of postponement.--No tax may be postponed 
     under this subsection later than the due date for the return 
     of tax imposed by this chapter for the taxable year which 
     includes the date of death of the expatriate (or, if earlier, 
     the time that the security provided with respect to the 
     property fails to meet the requirements of paragraph (4), 
     unless the taxpayer corrects such failure within the time 
     specified by the Secretary).
       ``(4) Security.--
       ``(A) In general.--No election may be made under paragraph 
     (1) with respect to any property unless adequate security is 
     provided to the Secretary with respect to such property.
       ``(B) Adequate security.--For purposes of subparagraph (A), 
     security with respect to any property shall be treated as 
     adequate security if--
       ``(i) it is a bond in an amount equal to the deferred tax 
     amount under paragraph (2)(A) for the property, or
       ``(ii) the taxpayer otherwise establishes to the 
     satisfaction of the Secretary that the security is adequate.
       ``(5) Waiver of certain rights.--No election may be made 
     under paragraph (1) unless the taxpayer consents to the 
     waiver of any right under any treaty of the United States 
     which would preclude assessment or collection of any tax 
     imposed by reason of this section.
       ``(6) Elections.--An election under paragraph (1) shall 
     only apply to property described in the election and, once 
     made, is irrevocable. An election may be made under paragraph 
     (1) with respect to an interest in a trust with respect to 
     which gain is required to be recognized under subsection 
     (f)(1).
       ``(7) Interest.--For purposes of section 6601--
       ``(A) the last date for the payment of tax shall be 
     determined without regard to the election under this 
     subsection, and
       ``(B) section 6621(a)(2) shall be applied by substituting 
     `5 percentage points' for `3 percentage points' in 
     subparagraph (B) thereof.
       ``(c) Covered Expatriate.--For purposes of this section--
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `covered expatriate' means an expatriate.
       ``(2) Exceptions.--An individual shall not be treated as a 
     covered expatriate if--
       ``(A) the individual--

[[Page S5218]]

       ``(i) became at birth a citizen of the United States and a 
     citizen of another country and, as of the expatriation date, 
     continues to be a citizen of, and is taxed as a resident of, 
     such other country, and
       ``(ii) has not been a resident of the United States (as 
     defined in section 7701(b)(1)(A)(ii)) during the 5 taxable 
     years ending with the taxable year during which the 
     expatriation date occurs, or
       ``(B)(i) the individual's relinquishment of United States 
     citizenship occurs before such individual attains age 18\1/
     2\, and
       ``(ii) the individual has been a resident of the United 
     States (as so defined) for not more than 5 taxable years 
     before the date of relinquishment.
       ``(d) Section Not To Apply to Certain Property.--This 
     section shall not apply to the following:
       ``(1) United states real property interests.--Any United 
     States real property interest (as defined in section 
     897(c)(1)), other than stock of a United States real property 
     holding corporation which does not, on the day before the 
     expatriation date, meet the requirements of section 
     897(c)(2).
       ``(2) Interest in certain retirement plans.--
       ``(A) In general.--Any interest in a qualified retirement 
     plan (as defined in section 4974(c)), other than any interest 
     attributable to contributions which are in excess of any 
     limitation or which violate any condition for tax-favored 
     treatment.
       ``(B) Foreign pension plans.--
       ``(i) In general.--Under regulations prescribed by the 
     Secretary, interests in foreign pension plans or similar 
     retirement arrangements or programs.
       ``(ii) Limitation.--The value of property which is treated 
     as not sold by reason of this subparagraph shall not exceed 
     $500,000.
       ``(3) Specified property.--Any property or interest in 
     property not described in paragraph (1) or (2) which the 
     Secretary specifies in regulations.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Expatriate.--The term `expatriate' means--
       ``(A) any United States citizen who relinquishes 
     citizenship, and
       ``(B) any long-term resident of the United States who--
       ``(i) ceases to be a lawful permanent resident of the 
     United States (within the meaning of section 7701(b)(6)), or
       ``(ii) commences to be treated as a resident of a foreign 
     country under the provisions of a tax treaty between the 
     United States and the foreign country and who does not waive 
     the benefits of such treaty applicable to residents of the 
     foreign country.
       ``(2) Expatriation date.--The term `expatriation date' 
     means--
       ``(A) the date an individual relinquishes United States 
     citizenship, or
       ``(B) in the case of a long-term resident of the United 
     States, the date of the event described in clause (i) or (ii) 
     of paragraph (1)(B).
       ``(3) Relinquishment of citizenship.--A citizen shall be 
     treated as relinquishing United States citizenship on the 
     earliest of--
       ``(A) the date the individual renounces such individual's 
     United States nationality before a diplomatic or consular 
     officer of the United States pursuant to paragraph (5) of 
     section 349(a) of the Immigration and Nationality Act (8 
     U.S.C. 1481(a)(5)),
       ``(B) the date the individual furnishes to the United 
     States Department of State a signed statement of voluntary 
     relinquishment of United States nationality confirming the 
     performance of an act of expatriation specified in paragraph 
     (1), (2), (3), or (4) of section 349(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
       ``(C) the date the United States Department of State issues 
     to the individual a certificate of loss of nationality, or
       ``(D) the date a court of the United States cancels a 
     naturalized citizen's certificate of naturalization.

     Subparagraph (A) or (B) shall not apply to any individual 
     unless the renunciation or voluntary relinquishment is 
     subsequently approved by the issuance to the individual of a 
     certificate of loss of nationality by the United States 
     Department of State.
       ``(4) Long-term resident.--The term `long-term resident' 
     has the meaning given to such term by section 877(e)(2).
       ``(f) Special Rules Applicable to Beneficiaries' Interests 
     in Trust.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     an individual is determined under paragraph (3) to hold an 
     interest in a trust on the day before the expatriation date--
       ``(A) the individual shall not be treated as having sold 
     such interest,
       ``(B) such interest shall be treated as a separate share in 
     the trust, and
       ``(C)(i) such separate share shall be treated as a separate 
     trust consisting of the assets allocable to such share,
       ``(ii) the separate trust shall be treated as having sold 
     its assets on the day before the expatriation date for their 
     fair market value and as having distributed all of its assets 
     to the individual as of such time, and
       ``(iii) the individual shall be treated as having 
     recontributed the assets to the separate trust.

     Subsection (a)(2) shall apply to any income, gain, or loss of 
     the individual arising from a distribution described in 
     subparagraph (C)(ii). In determining the amount of such 
     distribution, proper adjustments shall be made for 
     liabilities of the trust allocable to an individual's share 
     in the trust.
       ``(2) Special rules for interests in qualified trusts.--
       ``(A) In general.--If the trust interest described in 
     paragraph (1) is an interest in a qualified trust--
       ``(i) paragraph (1) and subsection (a) shall not apply, and
       ``(ii) in addition to any other tax imposed by this title, 
     there is hereby imposed on each distribution with respect to 
     such interest a tax in the amount determined under 
     subparagraph (B).
       ``(B) Amount of tax.--The amount of tax under subparagraph 
     (A)(ii) shall be equal to the lesser of--
       ``(i) the highest rate of tax imposed by section 1(e) for 
     the taxable year which includes the day before the 
     expatriation date, multiplied by the amount of the 
     distribution, or
       ``(ii) the balance in the deferred tax account immediately 
     before the distribution determined without regard to any 
     increases under subparagraph (C)(ii) after the 30th day 
     preceding the distribution.
       ``(C) Deferred tax account.--For purposes of subparagraph 
     (B)(ii)--
       ``(i) Opening balance.--The opening balance in a deferred 
     tax account with respect to any trust interest is an amount 
     equal to the tax which would have been imposed on the 
     allocable expatriation gain with respect to the trust 
     interest if such gain had been included in gross income under 
     subsection (a).
       ``(ii) Increase for interest.--The balance in the deferred 
     tax account shall be increased by the amount of interest 
     determined (on the balance in the account at the time the 
     interest accrues), for periods after the 90th day after the 
     expatriation date, by using the rates and method applicable 
     under section 6621 for underpayments of tax for such periods, 
     except that section 6621(a)(2) shall be applied by 
     substituting `5 percentage points' for `3 percentage points' 
     in subparagraph (B) thereof.
       ``(iii) Decrease for taxes previously paid.--The balance in 
     the tax deferred account shall be reduced--

       ``(I) by the amount of taxes imposed by subparagraph (A) on 
     any distribution to the person holding the trust interest, 
     and
       ``(II) in the case of a person holding a nonvested 
     interest, to the extent provided in regulations, by the 
     amount of taxes imposed by subparagraph (A) on distributions 
     from the trust with respect to nonvested interests not held 
     by such person.

       ``(D) Allocable expatriation gain.--For purposes of this 
     paragraph, the allocable expatriation gain with respect to 
     any beneficiary's interest in a trust is the amount of gain 
     which would be allocable to such beneficiary's vested and 
     nonvested interests in the trust if the beneficiary held 
     directly all assets allocable to such interests.
       ``(E) Tax deducted and withheld.--
       ``(i) In general.--The tax imposed by subparagraph (A)(ii) 
     shall be deducted and withheld by the trustees from the 
     distribution to which it relates.
       ``(ii) Exception where failure to waive treaty rights.--If 
     an amount may not be deducted and withheld under clause (i) 
     by reason of the distributee failing to waive any treaty 
     right with respect to such distribution--

       ``(I) the tax imposed by subparagraph (A)(ii) shall be 
     imposed on the trust and each trustee shall be personally 
     liable for the amount of such tax, and
       ``(II) any other beneficiary of the trust shall be entitled 
     to recover from the distributee the amount of such tax 
     imposed on the other beneficiary.

       ``(F) Disposition.--If a trust ceases to be a qualified 
     trust at any time, a covered expatriate disposes of an 
     interest in a qualified trust, or a covered expatriate 
     holding an interest in a qualified trust dies, then, in lieu 
     of the tax imposed by subparagraph (A)(ii), there is hereby 
     imposed a tax equal to the lesser of--
       ``(i) the tax determined under paragraph (1) as if the day 
     before the expatriation date were the date of such cessation, 
     disposition, or death, whichever is applicable, or
       ``(ii) the balance in the tax deferred account immediately 
     before such date.

     Such tax shall be imposed on the trust and each trustee shall 
     be personally liable for the amount of such tax and any other 
     beneficiary of the trust shall be entitled to recover from 
     the covered expatriate or the estate the amount of such tax 
     imposed on the other beneficiary.
       ``(G) Definitions and special rule.--For purposes of this 
     paragraph--
       ``(i) Qualified trust.--The term `qualified trust' means a 
     trust which is described in section 7701(a)(30)(E).
       ``(ii) Vested interest.--The term `vested interest' means 
     any interest which, as of the day before the expatriation 
     date, is vested in the beneficiary.
       ``(iii) Nonvested interest.--The term `nonvested interest' 
     means, with respect to any beneficiary, any interest in a 
     trust which is not a vested interest. Such interest shall be 
     determined by assuming the maximum exercise of discretion in 
     favor of the beneficiary and the occurrence of all 
     contingencies in favor of the beneficiary.
       ``(iv) Adjustments.--The Secretary may provide for such 
     adjustments to the bases of assets in a trust or a deferred 
     tax account, and the timing of such adjustments, in order to 
     ensure that gain is taxed only once.
       ``(3) Determination of beneficiaries' interest in trust.--

[[Page S5219]]

       ``(A) Determinations under paragraph (1).--For purposes of 
     paragraph (1), a beneficiary's interest in a trust shall be 
     based upon all relevant facts and circumstances, including 
     the terms of the trust instrument and any letter of wishes or 
     similar document, historical patterns of trust distributions, 
     and the existence of and functions performed by a trust 
     protector or any similar adviser.
       ``(B) Other determinations.--For purposes of this section--
       ``(i) Constructive ownership.--If a beneficiary of a trust 
     is a corporation, partnership, trust, or estate, the 
     shareholders, partners, or beneficiaries shall be deemed to 
     be the trust beneficiaries for purposes of this section.
       ``(ii) Taxpayer return position.--A taxpayer shall clearly 
     indicate on its income tax return--

       ``(I) the methodology used to determine that taxpayer's 
     trust interest under this section, and
       ``(II) if the taxpayer knows (or has reason to know) that 
     any other beneficiary of such trust is using a different 
     methodology to determine such beneficiary's trust interest 
     under this section.

       ``(g) Termination of Deferrals, Etc.--In the case of any 
     covered expatriate, notwithstanding any other provision of 
     this title--
       ``(1) any period during which recognition of income or gain 
     is deferred shall terminate on the day before the 
     expatriation date, and
       ``(2) any extension of time for payment of tax shall cease 
     to apply on the day before the expatriation date and the 
     unpaid portion of such tax shall be due and payable at the 
     time and in the manner prescribed by the Secretary.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''
       (b) Tax on Gifts and Bequests Received By United States 
     Citizens and Residents From Expatriates.--
       (1) In general.--Subtitle B (relating to estate and gift 
     taxes) is amended by inserting after chapter 14 the following 
     new chapter:

           ``CHAPTER 15--GIFTS AND BEQUESTS FROM EXPATRIATES

``Sec. 2801. Imposition of tax.

     ``SEC. 2801. IMPOSITION OF TAX.

       ``(a) In General.--If, during any calendar year, any United 
     States citizen or resident receives any covered gift or 
     bequest, there is hereby imposed a tax equal to the product 
     of--
       ``(1) the highest rate of tax specified in the table 
     contained in section 2001(c) as in effect on the date of such 
     receipt, and
       ``(2) the value of such covered gift or bequest.
       ``(b) Tax To Be Paid by Recipient.--The tax imposed by 
     subsection (a) on any covered gift or bequest shall be paid 
     by the person receiving such gift or bequest.
       ``(c) Exception for Certain Gifts.--Subsection (a) shall 
     apply only to the extent that the covered gifts and bequests 
     received during the calendar year exceed the amount 
     determined under section 2503(b)(2).
       ``(d) Tax Reduced By Foreign Gift or Estate Tax.--The tax 
     imposed by subsection (a) on any covered gift or bequest 
     shall be reduced by the amount of any gift or estate tax paid 
     to a foreign country with respect to such covered gift or 
     bequest.
       ``(e) Covered Gift or Bequest.--
       ``(1) In general.--For purposes of this chapter, the term 
     `covered gift or bequest' means--
       ``(A) any property acquired by gift directly or indirectly 
     from an individual who, at the time of such acquisition, was 
     a covered expatriate, and
       ``(B) any property acquired by bequest, devise, or 
     inheritance directly or indirectly from an individual who, at 
     the time of death, was a covered expatriate.
       ``(2) Exceptions for transfers otherwise subject to estate 
     or gift tax.--Such term shall not include--
       ``(A) any property shown on a timely filed return of tax 
     imposed by chapter 12 which is a taxable gift by the covered 
     expatriate, and
       ``(B) any property shown on a timely filed return of tax 
     imposed by chapter 11 of the estate of the covered 
     expatriate.
       ``(3) Transfers in trust.--Any covered gift or bequest 
     which is made in trust shall be treated as made to the 
     beneficiaries of such trust in proportion to their respective 
     interests in such trust (as determined under section 
     877A(f)(3)).
       ``(f) Covered Expatriate.--For purposes of this section, 
     the term `covered expatriate' has the meaning given to such 
     term by section 877A(c).''
       (2) Clerical amendment.--The table of chapters for subtitle 
     B is amended by inserting after the item relating to chapter 
     14 the following new item:

``Chapter 15. Gifts and bequests from expatriates.''

       (c) Definition of Termination of United States 
     Citizenship.--Section 7701(a) is amended by adding at the end 
     the following new paragraph:
       ``(48) Termination of united states citizenship.--
       ``(A) In general.--An individual shall not cease to be 
     treated as a United States citizen before the date on which 
     the individual's citizenship is treated as relinquished under 
     section 877A(e)(3).
       ``(B) Dual citizens.--Under regulations prescribed by the 
     Secretary, subparagraph (A) shall not apply to an individual 
     who became at birth a citizen of the United States and a 
     citizen of another country.''
       (d) Ineligibility for Visa or Admission To United States.--
       (1) In general.--Section 212(a)(10)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(10)(E)) is amended to 
     read as follows:
       ``(E) Former citizens not in compliance with expatriation 
     revenue provisions.--Any alien who is a former citizen of the 
     United States who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3) of the Internal 
     Revenue Code of 1986) and who is determined by the Attorney 
     General, after consultation with the Secretary of the 
     Treasury, not to be in compliance with sections 877A and 2801 
     of such Code (relating to expatriation).''
       (2) Availability of information.--
       (A) In general.--Section 6103(i) (relating to disclosure to 
     Federal officers or employees for administration of Federal 
     laws not relating to tax administration) is amended by adding 
     at the end the following new paragraph:
       ``(8) Disclosure to deny visa or admission to certain 
     expatriates.--Except as provided in paragraph (6), upon 
     written request of the Attorney General, the return of an 
     individual or return information with respect to such 
     individual shall be open to inspection by, or disclosure to, 
     officers and employees of the Federal agency responsible for 
     making a determination under section 212(a)(10)(E) of the 
     Immigration and Nationality Act for the purpose of, and to 
     the extent necessary in, making such determination with 
     respect to such individual.''
       (B) Conforming amendment.--Section 6103(i)(6) (relating to 
     confidential informants; impairment of investigations) is 
     amended by striking ``(5), or (7)'' and inserting ``(5), (7), 
     or (8)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to individuals who relinquish United States 
     citizenship on or after the date of the enactment of this 
     Act.
       (e) Conforming Amendments.--
       (1) Section 877 is amended by adding at the end the 
     following new subsection:
       ``(g) Application.--This section shall not apply to an 
     expatriate (as defined in section 877A(e)) whose expatriation 
     date (as so defined) occurs on or after the date of first 
     passage by the Senate of legislation adding section 877A to 
     this title.''
       (2) Section 2107 is amended by adding at the end the 
     following new subsection:
       ``(f) Application.--This section shall not apply to any 
     expatriate to whom section 877A applies.''
       (3) Section 2501(a)(3) is amended by adding at the end the 
     following new subparagraph:
       ``(F) Application.--This paragraph shall not apply to any 
     expatriate to whom section 877A applies.''
       (4)(A) Paragraph (1) of section 6039G(d) is amended by 
     inserting ``or 877A'' after ``section 877''.
       (B) The second sentence of section 6039G(e) is amended by 
     inserting ``or who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3))'' after 
     ``877(a))''.
       (C) Section 6039G(f) is amended by inserting ``or 
     877A(e)(2)(B)'' after ``877(e)(1)''.
       (f) Clerical Amendment.--The table of sections for subpart 
     A of part II of subchapter N of chapter 1 of such Code is 
     amended by inserting after the item relating to section 877 
     the following new item:

``Sec. 877A. Tax responsibilities of expatriation.''

       (g) Effective Date.--
       (1) In general.--Except as provided in this subsection, the 
     amendments made by this section shall apply to expatriates 
     (within the meaning of section 877A(e) of the Internal 
     Revenue Code of 1986, as added by this section) whose 
     expatriation date (as so defined) occurs on or after the date 
     of the first passage by the Senate of this section.
       (2) Gifts and bequests.--Chapter 15 of the Internal Revenue 
     Code of 1986 (as added by subsection (b)) shall apply to 
     covered gifts and bequests (as defined in section 2801 of 
     such Code, as so added) received on or after the date of the 
     first passage by the Senate of this section from an 
     individual or the estate of an individual whose expatriation 
     date (as so defined) occurs on or after such date.

     SEC. ____12. REVIEW OF STATE AGENCY BLINDNESS AND DISABILITY 
                   DETERMINATIONS.

       Section 1633 of the Social Security Act (42 U.S.C. 1383b) 
     is amended by adding at the end the following:
       ``(e)(1) The Commissioner of Social Security shall review 
     determinations, made by State agencies pursuant to subsection 
     (a) in connection with applications for benefits under this 
     title on the basis of blindness or disability, that 
     individuals who have attained 18 years of age are blind or 
     disabled as of a specified onset date. The Commissioner of 
     Social Security shall review such a determination before any 
     action is taken to implement the determination.
       ``(2)(A) In carrying out paragraph (1), the Commissioner of 
     Social Security shall review--
       ``(i) at least 25 percent of all determinations referred to 
     in paragraph (1) that are made in fiscal year 2003; and
       ``(ii) at least 50 percent of all such determinations that 
     are made in fiscal year 2004 or thereafter.
       ``(B) In carrying out subparagraph (A), the Commissioner of 
     Social Security shall, to

[[Page S5220]]

     the extent feasible, select for review the determinations 
     which the Commissioner of Social Security identifies as being 
     the most likely to be incorrect.''.
                                  ____

  SA 3774. Mr. DASCHLE submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       ``(15) the provision specifying $500,000 for the Prairie 
     Lakes Education Cooperative in Madison, SD to advance 
     distance learning for Native Americans in BIA and tribal 
     schools shall be deemed to read as follows: `Sisseton-
     Wahpeton School Board in Agency Village, SD to advance 
     distance learning for Native American students, $500,000'.''.
                                  ____

  SA 3775. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1, beginning on line 2, strike ``under this chapter 
     for the Defense Emergency Response Fund'' and insert ``under 
     title II of Public Law 107-117 under the heading `Army 
     National Guard, Operation and Maintenance' ''.
                                  ____

  SA 3776. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3777. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3778. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3779. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3780. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3781. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3782. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3783. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3784. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section

[[Page S5221]]

     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.
                                  ____

  SA 3785. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed, insert the following:
       Sec.   . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``water and related 
     resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3786. Mr. LEAHY (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed to amendment SA 3597 proposed by Mr. 
Warner (for himself, Mr. Helms, Mr. Miller, Mr. Hatch, Mr. Kyl, Mr. 
Brownback, Mr. Allen, Mr. Ensign, Mr. Hutchinson, Mr. Craig, Mr. 
Shelby, Mr. Hagel, Mr. Crapo, and Mr. Frist) to the bill (H.R. 4775) 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in the bill add the following:

     SEC. 2015. EXPIRATION OF AUTHORITY.

       This title shall cease to be effective at the end of 
     September 30, 2002.
                                  ____

  SA 3787. Mr. DODD (for himself and Mr. Warner) submitted an amendment 
intended to be proposed to amendment SA 3597 proposed by Mr. Warner 
(for himself, Mr. Helms, Mr. Miller, Mr. Hatch, Mr. Kyl, Mr. Brownback, 
Mr. Allen, Mr. Ensign, Mr. Hutchinson, Mr. Craig, Mr. Shelby, Mr. 
Hagel, Mr. Crapo, and Mr. Frist) to the bill (H.R. 4775) making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; as follows:

       At the appropriate place in the bill, add the following:
       Sec. 2015. Nothing in this title shall prohibit the United 
     States from rendering assistance to international efforts to 
     bring to justice Saddam Hussein, Slobodan Milosovic and other 
     foreign nationals accused of genocide, war crimes or crimes 
     against humanity.
       Sec. 2016. This title shall cease to be effective at the 
     end of September 30, 2002.
                                  ____

  SA 3788. Mr. DODD (for himself and Mr. Leahy) submitted an amendment 
intended to be proposed to amendment SA 3597 proposed by Mr. Warner 
(for himself, Mr. Helms, Mr. Miller, Mr. Hatch, Mr. Kyl, Mr. Brownback, 
Mr. Allen, Mr. Ensign, Mr. Hutchinson, Mr. Craig, Mr. Shelby, Mr. 
Hagel, Mr. Crapo, and Mr. Frist) to the bill (H.R. 4775) making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes which was ordered to lie on the table; as 
follows:

       At the appropriate place in the bill add the following:
       Sec. 2015. Nothing in this title shall prohibit the United 
     States from rendering assistance to international efforts to 
     bring to justice Saddam Hussein, Slobodan Milosovic and the 
     other foreign nationals accused of genocide, war crimes or 
     crimes against humanity.
                                  ____

  SA 3789. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 775, making supplemental appropriations for the 
fiscal year ending September 30 2002, and for other purposes, which was 
ordered to lie on the table, as follows:

       At the appropriate place in the Bill insert the following: 
     ``Notwithstanding any other provision of this Bill, For an 
     additional amount for ``Operation and Maintenance, General'', 
     $32,000,000, to remain available until expended: Provided, 
     That using the funds appropriated herein the Secretary of the 
     Army, acting through the Chief of Engineers is directed to 
     repair, restore, and clean-up Corps' projects and facilities 
     and dredge navigation channels, restore and clean out area 
     streams, provide emergency streambank protection, restore 
     other crucial public infrastructure (including sewer and 
     water facilities), document flood impacts and undertake other 
     flood recovery efforts deemed necessary and advisable by the 
     Chief of Engineers due to flooding in eastern Kentucky, 
     Illinois, the western Upper Peninsula of the State of 
     Michigan, Missouri, southern West Virginia, and southwestern 
     Virginia.''.
                                  ____

  SA 3790. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. 210. Of the amounts appropriated in Public Law 107-77, 
     under the heading ``Dept. of Commerce, National Oceanic and 
     Atmospheric Administration, Operations, Research, and 
     Facilities'', $500,000 shall be for the cost of a reduction 
     loan of $50,000,000 as authorized under sections 1111 and 
     1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
     App. 1279f and 1279g) to carry out a West Coast groundfish 
     fishing capacity reduction program under section 312(b) of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1861a(b)).
                                  ____

  SA 3791. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC.   . CONTAMINATED SEAFOOD.

       (a) In General.--Section 801 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 381) is amended by--
       (1) redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively; and
       (2) inserting after subsection (a) the following:
       ``(b) Contaminated Seafood.--
       ``(1) Refusal of entry.--The Secretary of Health and Human 
     Services shall issue an order refusing admission into the 
     United States of all imports of seafood originating from a 
     country or exporter if it appears that shipments of such 
     seafood are likely to be adulterated with 1 or more 
     substances listed in section 530.41(a) of title 21, Code of 
     Federal Regulations. The Secretary may consider--
       ``(A) the detection of such substances by the Secretary;
       ``(B) the detection of such substances by a person 
     commissioned to carry out examinations and investigations 
     under section 702(a) of this Act;
       ``(C) findings from an inspection under Sec. 704;
       ``(D) the detection by other importing countries of such 
     substances in shipments of seafood that originate from such 
     country or exporter; or (E) other evidence or information as 
     determined by the Secretary
       ``(2) Allowance of individual shipments from exporting 
     country or exporter.--Notwithstanding an order under 
     paragraph (1) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from that 
     exporter to be admitted into the United States if the 
     exporter or importer presents evidence acceptable to the 
     Secretary that a shipment does not contain a compound listed 
     in section 530.41(a) of title 21, Code of Federal 
     Regulations.
       ``(3) Cancellation of order.--The Secretary may cancel an 
     order under paragraph (1) with respect to seafood exported 
     from a country or exporter if--
       ``(A) the country or exporter has shown to the satisfaction 
     of the Secretary that the substance at issue is no longer 
     sold for use, in being used in, or being used in a manner 
     that could contaminate food-producing animals in the country 
     in which the seafood originated; or
       ``(B) all shipments into the United States under paragraph 
     (2) of seafood originating in that country or from that 
     exporter more than 1 year after the date on which the 
     Secretary issued the order have been found, under the 
     procedures described in paragraph (2), not to contain such a 
     drug.
       (b) Conforming Amendments.--Section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381), as amended by 
     subsection (a), is amended by--
       (1) striking ``subsection (b)'' in subsection (a) and 
     inserting ``subsection (c)'';
       (2) striking ``subsection (b)'' in subsection (d) and 
     inserting ``subsection (c)'';
       (3) striking ``subsection (e)'' in subsection (g)(1) and 
     inserting ``subsection (f)'';
       (4) striking ``section 801(a)'' in subsection (h)(1)(A)(i) 
     and inserting ``subsection (a) of this section'';
       (5) striking ``section 801(a)'' in subsection (h)(1)(A)(ii) 
     and inserting ``subsection (a) of this section''; and
       (6) striking ``section 801(d)(1);'' in subsection 
     (h)(1)(A)(iii) and inserting ``subsection (d)(1) of this 
     section;''
                                  ____

  SA 3792. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3624 proposed by Mr. Wellstone to the bill (H.R. 4775) 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; which was ordered to lie on the 
table; as follows:

       Amendment number 3624 is amended by striking the text and 
     inserting the following on page 7, after line 12:
       ``Sec.  . Whereas of the 40 million people living with HIV/
     AIDS, nearly 2.7 million are

[[Page S5222]]

     children under 15, and 11.8 million are young people aged 15-
     24, more than 540,000 children were infected in mother-to-
     child transmission in 2000, and a baby born to an HIV-
     positive mother has a 25 to 35 percent chance of becoming 
     infected;
       Whereas targeted provision of dairy products for HIV/AIDS 
     mitigation provides an economical and efficient means to 
     strengthen nutrition, ward off infectious diseases and extend 
     the lives of HIV-positive individuals;
       Whereas good nutrition including dairy products is critical 
     to programs that provide and enhance anti-retroviral drugs to 
     prevent mother-to-child transmission of HIV/AIDS, and 
     nutrition experts recommend the use of dairy products with 
     anti-retroviral drugs to combat mother-to-child transmission;
       Whereas in the diets of young children, growing adolescents 
     and pregnant women, milk has been proven to provide a 
     concentration of critical nutritional elements that promote 
     growth and robust health, and the National Institutes of 
     Health (NIH) recommends that dairy products be used to boost 
     the nutrition of HIV-positive young children.
       Whereas it is imperative that attempts to improve the 
     availability of dairy products to the HIV/AIDS afflicted do 
     not undermine the security and stability of the indigenous 
     dairy production and processing sector.
       Whereas the United States has more than one billion pounds 
     (450,000 metric tons) of surplus non-fat dry milk in storage 
     that has been acquired at an average cost of over 90 cents 
     per pound for a total cost approaching $1 billion, and 
     storage costs are $1.5 million per month and growing;
       Whereas this huge amount of milk overhangs U.S. and world 
     markets and deteriorates rapidly, going out of condition in 
     about three years when it must be sold for a salvage value of 
     a few cents per pound;
       The impacts of breast-feeding on MTCT remain controversial 
     and appropriate interventions are not yet scientifically 
     proven, especially in low-income communities where 
     appropriate alternatives are not available and may be unsafe;
       Whereas there is a need for non-fat dry milk in 
     international relief to use in human feeding programs that 
     target the most vulnerable in society, particularly those 
     affected by HIV/AIDS: Now, therefore, be it
       Resolved, That it is the sense of the Senate that the 
     Secretary of Agriculture should--
       (A) utilize the existing 416(b) authority of the 
     Agricultural Act of 1949 to dispose of dairy surpluses for 
     direct feeding programs to mothers and children living with 
     HIV/AIDS and communities heavily impacted by the HIV/AIDS 
     pandemic.
       (B) allow for the monetization of surplus non-fat dry milk 
     to help fund market assessments, program costs, strengthen 
     local dairy processing industries, support home care, provide 
     for in-country fortification and carry out general 
     nutritional campaigns to increase the local markets for dairy 
     products as well as income-generating jobs in communities 
     affected by HIV/AIDS.
       (C) Make available funds for the provision of 100,000 
     metric tons of surplus non-fat dry milk to combat HIV/AIDS, 
     with a special focus on HIV-positive mothers and children, to 
     include ocean and inland transportation, for accounting, 
     monitoring and evaluation expenses incurred by the Secretary 
     of Agriculture, and for expenses incurred by private and 
     voluntary organizations and cooperatives related to market 
     assessments, project design, fortification, distribution, and 
     other project expenses.
       (D) Give careful consideration to the local market 
     conditions before dairy products are donated or monetized 
     into a local economy, so as not to undermine the security and 
     stability of the indigenous dairy production and processing 
     sector.
       (E) Use none of these funds or commodities in any programs 
     that would substitute dairy products for breast-feeding.
                                  ____

  SA 3793. Mrs. MURRAY (for herself and Mr. Stevens) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate, insert the following:
       Sec. 210. Section 286(e)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(e)(3)) is amended by inserting 
     before the period at the end ``, or international ferries 
     that operate between the State of Alaska or the State of 
     Washington and Canada.''.
                                  ____

  SA 3794. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed to amendment SA 3628 submitted by Mr. 
Baucus (for himself, Mr. Burns, and Mr. Bingaman) and intended to be 
proposed to the bill (H.R. 4775) making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       Where appropriate add the following:
       (d) Assistance for Labrusca Grapes.--
       (1) In general.--Of the funds made available in paragraph 
     (a), not less than $100,000,000 shall be used to make 
     payments, as soon as practicable after the date of enactment 
     of this Act, to producers of labrusca grapes for quantity, 
     quality, or severe economic losses incurred for the 2001 and 
     2002 crops of labrusca grapes due to damaging weather and 
     related conditions.
       (2) Payment quantity.--The payment quantity of labrusca 
     grapes for which the producers on a farm are eligible for 
     payments under paragraph (d) shall be equal to the average 
     quantity of the 1996 through 2000 crop of labrusca grapes 
     produced by the producers on the farm, as determined by the 
     Secretary of Agriculture.
       (3) Limitations.--The Secretary of Agriculture shall not 
     establish a payment limitation, or gross income eligibility 
     limitation, with respect to payments made under this 
     paragraph.
       (4) Applicability.--This section applies only with respect 
     to the 2002 and 2002 crops of labrusca grapes and producers 
     of those crops.
                                  ____

  SA 3795. Mr. NICKLES submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       For an additional amount for emergency relief under section 
     125 of title 23, United States Code, for reconstruction of 
     the portion of Interstate Route 40 spanning the Arkansas 
     River in the State of Oklahoma that was destroyed as a result 
     of a barge collision that occurred on May 26, 2002, and for 
     costs associated with detours during the reconstruction, 
     $12,000,000: Provided, That the entire amount necessary to 
     carry out this paragraph is designated by Congress as an 
     emergency requirement under section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A)).
                                  ____

  SA 3796. Mr. NICKLES submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:
       For an additional amount for emergency relief under section 
     125 of title 23, United States Code, for reconstruction of 
     the portion of Interstate Route 40 spanning the Arkansas 
     River in the State of Oklahoma that was destroyed as a result 
     of a barge collision that occurred on May 26, 2002, and for 
     costs associated with detours during the reconstruction, 
     $12,000,000: Provided, That the entire amount necessary to 
     carry out this paragraph is designated by Congress as an 
     emergency requirement under section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A)).
                                  ____

  SA 3797. Mr. HOLLINGS submitted an amendment intended to be proposed 
to amendment SA 3646 submitted by Mr. McCain and intended to be 
proposed to the bill (H.R. 4775) making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be stricken, insert the 
     following:

     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.
Sec. 106. Offset for emergency supplemental appropriations.
TITLE II--Interstate Railroad Passenger High-Speed Transportation 
              System
Sec. 201. Interstate railroad passenger high-speed transportation 
              policy.
Sec. 202. High-speed rail corridor planning.
Sec. 203. Implemenation assistance.
Sec. 204. Designated high-speed rail corridors.
Sec. 205. Labor standards.
Sec. 206. Railway-highway crossings in high-speed rail corridors.
Sec. 207. Authorization of appropriations.
TITLE III--National Railroad Passenger Corporation
Sec. 301. National railroad passenger transportation system defined.
Sec. 302. Extension of authorization.

[[Page S5223]]

Sec. 303. Additional Amtrak authorizations.
Sec. 304. Northeast Corridor authorizations.
Sec. 305. Long distance trains.
Sec. 306. Short distance trains; State-supported routes.
Sec. 307. Re-establishment of Northeast Corridor Safety Committee.
Sec. 308. On-time performance.
Sec. 309. Amtrak board of directors.
Sec. 310. Establishment of financial accounting system for Amtrak 
              operations by independent auditor.
Sec. 311. Development of 5-year financial plan.
Sec. 312. Revised reporting methodology required.
Sec. 313. Appropriated amounts to be spent proportionately.
TITLE IV--Miscellaneous
Sec. 401. Rehabilitation, improvement, and security financing.
Sec. 402. Rail passenger cooperative research program.
Sec. 403. Conforming amendments to title 49 reflecting ICC Termination 
              Act.
Sec. 404. Applicability of reversion to Alaska Railroad right-of-way 
              property.

     SEC. 2. FINDINGS.

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

                 TITLE I--RAIL TRANSPORTATION SECURITY

     SEC. 101. 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) $39,714,000 for tunnel security, including closed 
     circuit television cameras, lighting, and fencing, of which 
     $26,476,000 shall be obligated or expended on the Northeast 
     Corridor and $13,238,000 shall be obligated or expended 
     outside the Northeast Corridor.
       (2) $176,568,000 for interlocking security needs, including 
     closed circuit television cameras, lighting, and fencing, 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) $17,030,000 for equipment facility security, including 
     closed circuit television cameras and lighting, of which 
     $5,677,000 shall be obligated or expended on the Northeast 
     Corridor and $11,353,000 shall be obligated or expended 
     outside the Northeast Corridor.
       (4) $29,280,000 for yard and terminal security, including 
     closed circuit television cameras, lighting, and fencing, of 
     which $9,760,000 shall be obligated or expended on the 
     Northeast Corridor and $19,520,000 shall be obligated or 
     expended outside the Northeast Corridor.
       (5) $3,779,000 for mail and express facilities security, 
     including closed circuit television cameras, lighting, and 
     fencing, 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.
       (6) $27,233,000 for station security, including closed 
     circuit television cameras, x-ray machines, lighting, and 
     fencing, of which $7,104,000 shall be obligated or expended 
     on the Northeast Corridor and $20,129,000 shall be obligated 
     or expended outside the Northeast Corridor.
       (7) $30,798,000 for bridge security, including closed 
     circuit television cameras, lighting, and fencing, of which 
     $19,065,000 shall be obligated or expended on the Northeast 
     Corridor and $11,733,000 shall be obligated or expended 
     outside the Northeast Corridor.
       (8) $420,000 for tower security, including closed circuit 
     television cameras, lighting, and fencing, which shall be 
     obligated or expended on the Northeast Corridor.
       (9) $29,451,000 for electric traction facilities security, 
     including closed circuit television cameras, lighting, and 
     fencing, of which $23,650,000 shall be obligated or expended 
     on the Northeast Corridor and $5,801,000 shall be

[[Page S5224]]

     obligated or expended outside the Northeast Corridor.
       (10) $11,112,000 for 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.
       (11) $212,000 for centralized electrification and traffic 
     control security, including access control systems, 
     monitoring and alarm systems, and technological protection 
     for systems, which shall be obligated or expended on the 
     Northeast Corridor.
       (12) $10,283,000 for primary and backup central monitoring 
     technology centers, which shall be obligated or expended 
     outside the Northeast Corridor.
       (13) $538,000 for employee identification systems, 
     including improved technology for badges issued to employees 
     and visitors controlled through a centralized database.
       (14) $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.
       (15) $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.
       (16) $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.
       (17) $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.
       (18) $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.
       (19) $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.
       (20) $120,000 for a notification system for integration of 
     GPS information into the central computer systems, of which 
     50 percent shall be obligated or expended on the Northeast 
     Corridor and 50 percent shall be obligated or expended 
     outside the Northeast Corridor.
       (21) $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.
       (22) $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 15 are to be deployed outside the Northeast Corridor 
     and 5 are to be deployed on the Northeast Corridor.
       (5) $30,761,000 for 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 50 percent is to be obligated or expended 
     on the Northeast Corridor and 50 percent 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 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,''.

[[Page S5225]]

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

     SEC. 105. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Assessment.--The Secretary of Transportation shall 
     assess the security risks associated with rail transportation 
     and develop prioritized recommendations for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching areas, and other areas identified by the 
     Secretary as posing significant rail-related risks to public 
     safety and the movement of interstate commerce, taking into 
     account the impact that any proposed security measure might 
     have on the provision of rail service;
       (B) the deployment of chemical and biological weapon 
     detection equipment;
       (C) dealing with the immediate and long-term economic 
     impact of measures that may be required to address those 
     risks; and
       (D) training employees in terrorism response activities.
       (2) Existing private and public sector efforts.--The 
     assessment shall include a review of any actions already 
     taken to address identified security issues by both public 
     and private entities.
       (3) Railroad crossing delays.--The Secretary shall include 
     in the assessment an analysis of the risks to public safety 
     and to the security of rail transportation that are 
     associated with long delays in the movement of trains that 
     have stopped on railroad grade crossings of highways, 
     streets, and other roads for motor vehicle traffic, 
     especially in major metropolitan areas. The Secretary shall 
     include in the recommendations developed under paragraph (1) 
     recommended actions for preventing such delays and reducing 
     the risks identified in the analysis.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Secretary 
     shall--
       (1) consult with rail management, rail labor, and public 
     safety officials (including officials responsible for 
     responding to emergencies); and
       (2) utilize, to the maximum extent feasible, the resources 
     and assistance of--
       (A) the Federal Railroad Administration's Rail Safety 
     Advisory Committee; and
       (B) the Transportation Research Board of the National 
     Academy of Sciences.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report, without compromising national 
     security, containing--
       (A) the assessment and prioritized recommendations required 
     by subsection (a); and
       (B) any proposals the Secretary deems appropriate for 
     providing Federal financial, technological, or research and 
     development assistance to railroads to assist the railroads 
     in reducing the likelihood, severity, and consequences of 
     deliberate acts of crime or terrorism toward rail employees, 
     rail passengers, rail shipments, or rail property.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (d) Security Needs of Non-amtrak Stations.--
       (1) Study.--The Secretary of Transportation shall conduct a 
     study of the security and station improvements that may be 
     needed on rail stations served by Amtrak that are not owned 
     by Amtrak.
       (2) Report.--The Secretary shall report, within 180 days 
     after the date of enactment of this Act, to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure the results of the study, including--
       (A) the total number of such stations;
       (B) the estimated costs of the security and station 
     improvements identified in the study; and
       (C) any additional findings, conclusions, and 
     recommendations, including legislative recommendations, the 
     Secretary deems appropriate.
       (e) 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.

     SEC. 106. OFFSET FOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS.

       (a) Finding.--The Congress finds that amounts were 
     appropriated by the Department of Defense and Emergency 
     Supplemental Appropriations for Recovery from and Response to 
     Terrorist Attacks on the United States Act, 2002 (Pub. Law 
     107-117) to be obligated or expended for Amtrak security-
     related activities.
       (b) Statement of Intent.--It is the intent of the Congress 
     that the amounts appropriated by that Act for Amtrak 
     security-related activities should offset the amounts 
     authorized by this title to be appropriated to the Secretary 
     of Transportation for Amtrak's use for security-related 
     activities.
       (c) Reduction of Authorizations.--Each amount authorized by 
     this title to be appropriated to the Secretary of 
     Transportation for the use of Amtrak for a security-related 
     activity in any preceding section of this title for any 
     fiscal year shall be reduced by any such appropriated amount 
     used by Amtrak for that activity in that fiscal year.

   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 
     permit, but may not require, a portion of the publicly 
     financed costs associated with eligible activities to come 
     from non-Federal sources.
       ``(4) Priorities to chicago, atlanta, dallas/fort worth, 
     portland, and orlando.--In determining projects to be 
     undertaken pursuant to this paragraph, the Secretary shall 
     give the highest priorities to undertaking planning in the 
     vicinity of Union Station in Chicago, Illinois, in 
     metropolitan Atlanta, Georgia, in the Dallas/Fort Worth, 
     Texas, area, in the Portland, Oregon, area, and on the 
     Orlando Corridor in Florida.''.
       (b) Conforming and Other Amendments to Section 26101.--
     Section 26101 is further amended--
       (1) by striking subsection (c)(2) and inserting the 
     following:
       ``(2) the extent to which the proposed planning focuses on 
     high-speed rail systems, giving a priority to systems which 
     will achieve sustained speeds of 125 miles per hour or 
     greater and projects involving dedicated rail passenger 
     rights-of-way;'';
       (2) by inserting ``and'' after the semicolon in subsection 
     (c)(12);
       (3) by striking ``completed; and'' in subsection (c)(13) 
     and inserting ``completed.'';
       (4) by striking subsection (c)(14); and
       (5) by adding at the end the following:
       ``(d) Operators Deemed Rail Carriers.--A person that 
     conducts rail operations funded or otherwise receiving 
     assistance under this section is deemed to be a rail carrier 
     for purposes of part A of subtitle IV, when so operating or 
     performing such services.''.
       (c) Conforming Amendment.--Section 26105(2)(A) is amended 
     by striking ``more than 125 miles per hour;'' and inserting 
     ``90 miles per hour or more;''.
       (d) Financial Assistance To Include Loans and Loan 
     Guarantees.--Section 26105(1) is amended by inserting 
     ``loans, loan guarantees,'' after ``contracts,''.

     SEC. 203. IMPLEMENTATION ASSISTANCE.

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

     ``Sec. 26101A. Implementation of corridor plans

       ``(a) Implementation Assistance.--
       ``(1) In general.--The Secretary of Transportation shall 
     provide implementation assistance to States or group of 
     States and other public agencies promoting the development of 
     high-speed rail corridors designated by the Secretary under 
     section 104(d) of title 23. The Secretary shall establish an 
     application and qualification process and, before providing 
     assistance under this section, make a determination on the 
     record that the applicant is qualified and eligible for 
     assistance under this section.
       ``(2) Secretary may provide direct or financial 
     assistance.--The Secretary may provide implementation 
     assistance under paragraph (1) directly or by providing 
     financial assistance to a public agency or group of

[[Page S5226]]

     public agencies to undertake implementation activities 
     approved by the Secretary.
       ``(3) 100 percent federal share.--The Secretary may permit, 
     but may not require, a portion of the publicly financed costs 
     associated with eligible activities to come from non-Federal 
     sources.
       ``(4) Contribution of land.--Notwithstanding paragraph (3), 
     the Secretary may accept land contributed by a State for 
     right-of-way, without regard to whether the State acquired 
     the land directly or indirectly through the use of Federal 
     funds, including transfers from the Highway Trust Fund under 
     section 9503 of the Internal Revenue Code of 1986.
       ``(5) Priorities to chicago, atlanta, dallas/fort worth, 
     portland, and orlando.--In determining projects to be 
     undertaken pursuant to this subsection, the Secretary shall 
     give the highest priorities to undertaking implementation 
     assistance in the vicinity of Union Station in Chicago, 
     Illinois, in metropolitan Atlanta, Georgia, and in the 
     Dallas/Fort Worth, Texas, area, in the Portland, Oregon, 
     area, and on the Orlando Corridor in Florida.
       ``(6) Special transportation circumstances.--In carrying 
     out this section, the Secretary shall allocate an appropriate 
     portion of the amounts available for implementation 
     assistance to providing appropriate related assistance in any 
     State the rail transportation system of which--
       ``(A) is not physically connected to rail systems in the 
     continental United States; and
       ``(B) may not otherwise qualify for high-speed rail 
     implementation assistance due to the constraints imposed on 
     the railway infrastructure in that State due to the unique 
     characteristics of the geography of that State or other 
     relevant considerations, as determined by the Secretary.
       ``(b) Eligible Implementation Activities.--The following 
     activities are eligible for implementation assistance under 
     subsection (a):
       ``(1) Security planning and the acquisition of security and 
     emergency response equipment.
       ``(2) Operating expenses.
       ``(3) Infrastructure acquisition and construction of track 
     and facilities.
       ``(4) Highway-rail grade crossing eliminations and 
     improvements.
       ``(5) Acquisition of rights-of-way, locomotives, rolling 
     stock, track, and signal equipment.
       ``(c) Criteria for Determining Assistance for 
     Implementation Activities.--The Secretary, in selecting 
     recipients of assistance under subsection (a), shall--
       ``(1) encourage the use of positive train control 
     technologies;
       ``(2) require that any project meet any existing safety 
     regulations, and give preference to any project determined by 
     the Secretary to have particularly high levels of safety;
       ``(3) encourage intermodal connectivity by locating train 
     stations in or near airports, bus terminals, subway stations, 
     ferry ports, and other modes of transportation;
       ``(4) ensure a general regional balance in providing such 
     assistance and avoid the concentration of a disproportionate 
     dedication of available financial assistance resources to a 
     single project or region of the country; and
       ``(5) ensure that any project is compatible with, and 
     operated in conformance with, plans developed pursuant to the 
     requirements of sections 134 and 135 of title 23, United 
     States Code.
       ``(d) Operators Deemed Rail Carriers.--A person that 
     conducts rail operations funded or otherwise receiving 
     assistance under this section is deemed to be a rail carrier 
     for purposes of part A of subtitle IV, when so operating or 
     performing such services.
       ``(e) Domestic Buying Preferences.--
       ``(1) In general.--In carrying out a project assisted under 
     this section, a recipient shall buy only--
       ``(A) unmanufactured articles, material, and supplies mined 
     or produced in the United States; or
       ``(B) manufactured articles, material, and supplies 
     manufactured in the United States substantially from 
     articles, material, and supplies mined, produced, or 
     manufactured in the United States.
       ``(2) De minimis amount.--Paragraph (1) of this subsection 
     applies only when the cost of those articles, material, or 
     supplies bought is at least $1,000,000.
       ``(3) Exemptions.--On application of a recipient, the 
     Secretary of Transportation may exempt a recipient from the 
     requirements of this subsection if the Secretary decides 
     that, for particular articles, material, or supplies--
       ``(A) the requirements of paragraph (1) of this subsection 
     are inconsistent with the public interest;
       ``(B) the cost of imposing those requirements is 
     unreasonable; or
       ``(C) the articles, material, or supplies, or the articles, 
     material, or supplies from which they are manufactured, are 
     not mined, produced, or manufactured in the United States in 
     sufficient and reasonably available commercial quantities and 
     are not of a satisfactory quality.
       ``(4) United states defined.--In this subsection, the term 
     `the United States' means the States, territories, and 
     possessions of the United States and the District of 
     Columbia. ''.
       (b) Rulemaking Required.--Within 90 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a rulemaking to create an application and 
     qualification procedure for providing high-speed rail 
     corridor implementation assistance under section 26101A of 
     title 49, United States Code.
       (c) Procedures for Grant Award.--Within 90 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall initiate a rulemaking to create 
     procedures for the awarding of implementation assistance 
     under this section. The Procedures shall include the 
     execution of a full funding grant agreement between the 
     applicant and the government.
       (d) Competitive Bidding on High-Speed Rail Routes.--The 
     Secretary of Transportation shall determine that a State or 
     group of States and other public agencies promoting a high-
     speed rail project under the provisions of section 26101A of 
     title 49, United States Code, as a condition of receiving 
     funding under such section, has provided for competitive 
     bidding for the project in accordance with the Uniform 
     Administrative Requirements for Grants and Cooperative 
     Agreements to State and Local Governments (49 C.F.R. section 
     18.36). Within 180 days after the date of enactment of this 
     Act, the Secretary, in consultation with the States or groups 
     of States and other public agencies, shall issue criteria for 
     the services to which the competitive bidding by this section 
     applies. A train operator selected under section 26101A of 
     title 49, United States Code, is deemed to be a rail carrier 
     for purposes of part A of subtitle 49, United States Code, 
     when performing such services.
       (e) Conforming Amendment.--The chapter analysis for chapter 
     261 is amended by inserting after the item relating to 
     section 26101 the following:

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

     SEC. 204. DESIGNATED HIGH-SPEED RAIL CORRIDORS.

       (a) In General.--The Secretary of Transportation shall give 
     priority in allocating funds authorized by section 26104 of 
     title 49, United States Code, to designated high-speed rail 
     corridors.
       (b) Designated High-Speed Rail Corridors.--For purposes of 
     subsection (a), the following shall be considered to be 
     designated high-speed rail corridors:
       (1) California Corridor connecting the San Francisco Bay 
     area and Sacramento to Los Angeles and San Diego.
       (2) Chicago Hub Corridor Network with the following spokes:
       (A) Chicago to Detroit.
       (B) Chicago to Minneapolis/St. Paul, Minnesota, via 
     Milwaukee, Wisconsin.
       (C) Chicago to Kansas City, Missouri, via Springfield, 
     Illinois, and St. Louis, Missouri.
       (D) Chicago to Louisville, Kentucky, via Indianapolis, 
     Indiana, and Cincinnati, Ohio.
       (E) Chicago to Cleveland, Ohio, via Toledo, Ohio.
       (F) Cleveland, Ohio, to Cincinnati, Ohio, via Columbus, 
     Ohio.
       (3) Empire State Corridor from New York City, New York, 
     through Albany, New York, to Buffalo, New York.
       (4) Florida High-Speed Rail Corridor from Tampa through 
     Orlando to Miami.
       (5) Gulf Coast Corridor from Houston Texas, through New 
     Orleans, Louisiana, to Mobile, Alabama, with a branch from 
     New Orleans, through Meridian, Mississippi, and Birmingham, 
     Alabama, to Atlanta, Georgia.
       (6) Keystone Corridor from Philadelphia, Pennsylvania, 
     through Harrisburg, Pennsylvania, to Pittsburgh, 
     Pennsylvania.
       (7) Northeast Corridor from Washington, District of 
     Columbia, through New York City, New York, New Haven, 
     Connecticut, and Providence, Rhode Island, to Boston, 
     Massachusetts, with a branch from New Haven, Connecticut, to 
     Springfield, Massachusetts.
       (8) New England Corridor from Boston, Massachusetts, to 
     Portland and Auburn, Maine, and from Boston, Massachusetts, 
     through Concord, New Hampshire, and Montpelier, Vermont, to 
     Montreal, Quebec.
       (9) Pacific Northwest Corridor from Eugene, Oregon, through 
     Portland, Oregon, and Seattle, Washington, to Vancouver, 
     British Columbia.
       (10) South Central Corridor from San Antonio, Texas, 
     through Dallas/ Fort Worth to Little Rock, Arkansas, with a 
     branch from Dallas/Fort Worth through Oklahoma City, 
     Oklahoma, to Tulsa, Oklahoma.
       (11) Southeast Corridor from Washington, District of 
     Columbia, through Richmond, Virginia, Raleigh, North 
     Carolina, Columbia, South Carolina, Savannah, Georgia, and 
     Jessup, Georgia, to Jacksonville, Florida, with--
       (A) a branch from Raleigh, North Carolina, through 
     Charlotte, North Carolina, and Greenville, South Carolina, to 
     Atlanta, Georgia; a branch from Richmond, to Hampton Roads/
     Norfolk, Virginia;
       (B) a branch from Charlotte, North Carolina, to Columbia, 
     South Carolina, to Charleston, South Carolina;
       (C) a connecting route from Atlanta, Georgia, to Jessup, 
     Georgia;
       (D) a connecting route from Atlanta, Georgia, to 
     Charleston, South Carolina; and
       (E) a branch from Raleigh, North Carolina, through 
     Florence, South Carolina, to Charleston, South Carolina, and 
     Savannah, Georgia, with a connecting route from Florence, 
     South Carolina, to Myrtle Beach, South Carolina.
       (12) Southwest Corridor from Los Angeles, California, to 
     Las Vegas, Nevada.

[[Page S5227]]

       (c) Other High-speed Rail Corridors.--For purposes of this 
     section, subsection (b)--
       (1) does not limit the term ``designated high-speed rail 
     corridor'' to those corridors described in subsection (b); 
     and
       (2) does not limit the Secretary of Transportation's 
     authority--
       (A) to designate additional high-speed rail corridors; or
       (B) to terminate the designation of any high-speed rail 
     corridor.

     SEC. 205. LABOR STANDARDS.

       (a) Current Employee Protections.--Nothing in this Act, or 
     in any amendment made by this Act, shall affect the level of 
     protection provided to freight railroad employees, employees 
     of the National Passenger Railroad Corporation, and mass 
     transportation employees as it existed on the day before the 
     date of enactment of this Act.
       (b) Labor Standards.--
       (1) Prevailing wages.--The Secretary 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.).
       (3) Employee protection.--The Secretary of Transportation 
     shall require as a condition of any project financed in whole 
     or in part by funds authorized by this title that the project 
     be conducted in a manner that provides a fair arrangement at 
     least as protective of the interests of employees who are 
     affected by the project so funded as the terms imposed under 
     arrangements reached under section 141 of the Amtrak Reform 
     and Accountability Act of 1997 (49 U.S.C. 24706 note).

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

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

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       Section 26104 is amended to read as follows:

     ``Sec. 26104. Authorization of appropriations

       ``(a) Fiscal Years 2003 through 2007.--There are authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2003 through 2007--
       ``(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.''.

[[Page S5228]]

           TITLE III--NATIONAL RAILROAD PASSENGER CORPORATION

     SEC. 301. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM 
                   DEFINED.

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

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

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

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

     SEC. 302. AMTRAK AUTHORIZATIONS.

       (a) Repeal of Self-sufficiency Requirements.
       (1) Title 49 amendments.--Chapter 241 is amended--
       (A) by striking the last sentence of section 24101(d); and
       (B) by striking the last sentence of section 24104(a).
       (2) Amtrak reform and accountability act amendments.--Title 
     II of the Amtrak Reform and Accountability Act of 1997 (49 
     U.S.C. 24101 nt) is amended by striking sections 204 and 205.
       (3) Common stock redemption date.--Section 415 of the 
     Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304 
     nt) is amended by striking subsection (b).
       (b) Lease arrangements.--Amtrak may obtain services from 
     the Administrator of General Services, and the Administrator 
     may provide services to Amtrak, under section 201(b) and 
     211(b) of the Federal Property and Administrative Service Act 
     of 1949 (40 U.S.C. 481(b) and 491(b)) for each of fiscal 
     years 2003 through 2007.
       (c) Financial Powers.--Section 415(d) of the Amtrak Reform 
     and Accountability Act of 1997 by adding at the end the 
     following:
       ``(3) This section does not affect the applicability of 
     section 3729 of title 31, United States Code, to claims made 
     against Amtrak.''.

     SEC. 303. ADDITIONAL AMTRAK AUTHORIZATIONS.

       (a) Excess RRTA.--There are authorized to be appropriated 
     to the Secretary of Transportation for the use of Amtrak for 
     each of fiscal years 2003 through 2007, 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 each of fiscal years 2003 through 2007, 
     $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 shall be obligated or expended outside the 
     Northeast Corridor, of which $15,000,000 shall be obligated 
     or expended for long-distance trains.
       (2) Best efforts requirement.--If Amtrak fails to meet the 
     period for compliance requirement imposed by section 
     242(e)(2)(A)(ii)(I) of the Americans With Disabilities Act of 
     1990 (42 U.S.C. 12162(e)(2)(A)(ii)(I))--
       (A) it shall not be considered discrimination for purposes 
     of section 202 of that Act (42 U.S.C. 12132) or section 504 
     of the Rehabilitation Act of 1973 (29 U.S.C. 794) if Amtrak 
     demonstrates to the satisfaction of the Secretary of 
     Transportation that--
       (i) Amtrak has made substantial progress toward meeting the 
     requirements of section 242(e)(2)(A)(ii)(I) of the Americans 
     With Disabilities Act of 1990 (42 U.S.C. 
     12162(e)(2)(A)(ii)(I)); and
       (ii) Amtrak's failure to meet the period of compliance 
     requirement of that section is attributable to the 
     insufficiency of appropriated funds; and
       (B) the period for compliance under section 
     242(e)(2)(A)(ii)(I) of the Americans With Disabilities Act of 
     1990 (42 U.S.C. 12162(e)(2)(A)(ii)(I)) shall be extended 
     until--
       (i) sufficient funds have been appropriated to the 
     Secretary of Transportation for the use of Amtrak to enable 
     Amtrak to comply fully with the requirements of that section; 
     and
       (ii) a reasonable period of time for the completion of 
     necessary construction so funded has passed.
       (e) Reinvestment of net Revenues from Non-passenger 
     Operations.--Amtrak shall apply any net revenues from non-
     passenger operations to the railroad's working capital for 
     use in satisfying systemwide current liabilities. When 
     Amtrak's working capital has improved to the point at which 
     Amtrak's liquid assets are sufficient to satisfy projected 
     short-term liabilities, Amtrak shall invest any excess net 
     non-passenger revenues in high priority capital projects.

     SEC. 304. NORTHEAST CORRIDOR AUTHORIZATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak for 
     each of fiscal years 2003 through 2007, 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

[[Page S5229]]

     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, such funds to remain available until expended.
       (d) Corridor Growth investment.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for corridor growth investments in the Northeast 
     Corridor--
       (1) For fiscal year 2003, $200,000,000.
       (2) For fiscal year 2004, $300,000,000.
       (3) For fiscal year 2005, $400,000,000.
       (4) For fiscal year 2006, $500,000,000.
       (5) For fiscal year 2007, $600,000,000.
       (e) Financial Contribution from Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all life safety portions of the tunnel projects 
     described in subsection (b)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers if feasible.
       (f) Availability of Funds.--Amounts appropriated pursuant 
     to this section shall remain available until expended.
       (g) Reinvestment of Northeast Corridor Net Operating 
     Revenues.--Amtrak shall invest any net revenue generated from 
     core passenger operations in the Northeast Corridor in 
     capital needs of the corridor until the backlog of capital 
     improvements is completed under Amtrak's 20-year capital 
     plan.

     SEC. 305. LONG DISTANCE TRAINS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak for 
     each of fiscal years 2003 through 2007, $360,000,000 for 
     operating costs associated with long distance trains.
       (b) Capital Backlog and Upgrades.--There are authorized to 
     be appropriated to the Secretary of Transportation for the 
     use of Amtrak for each of fiscal years 2003 through 2007, 
     $70,000,000 to reduce the capital backlog and to bring its 
     existing fleet to a state-of-good-repair, including equipment 
     replacement and upgrades necessary to meet current service 
     commitments.
       (c) Ongoing Capital Infrastructure Investments.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak for each of fiscal years 
     2003 through 2007, $80,000,000 for ongoing capital 
     infrastructure--
       (1) to replace assets on a life-cycle basis;
       (2) to ensure that a state-of-good-repair is maintained in 
     order to meet safety and reliability standards;
       (3) to meet current service commitments; and
       (4) to provide funds for investment in partner railroads to 
     operate passenger service at currently committed levels.
       (d) Capital Fleet Needs.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for each of fiscal years 2003 through 2007, 
     $50,000,000 for ongoing capital fleet needs to sustain 
     regularly scheduled maintenance, including a 120-day cycle of 
     preventive maintenance, and heavy overhauls on a 4-year 
     schedule, with interior enhancements as needed.
       (e) Capital stations and facilities.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     use of Amtrak for each of fiscal years 2003 through 2007, 
     $10,000,000 for ongoing capital stations and facilities needs 
     to provide regular upgrades to stations to meet current 
     service needs, and regular improvements to maintenance-of-way 
     equipment and maintenance-of-way facilities.
       (f) Technology Needs.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for each of fiscal years 2003 through 2007, 
     $10,000,000 for ongoing technology needs to upgrade 
     reservation, distribution, financial, and operations systems, 
     including hardware, software, infrastructure, and 
     communications.

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

       There are authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak for each of fiscal years 
     2003 through 2007, for obligation and expenditure on routes 
     outside the Northeast Corridor--
       (1) $20,000,000 for capital backlog on infrastructure to 
     bring infrastructure up to a state-of-good-repair, including 
     improvements on bridges and tunnels that are approaching the 
     end of their useful life and interlocking and signal system 
     renewal;
       (2) $10,000,000 for capital backlog on its fleet to bring 
     Amtrak's existing fleet as of the date of enactment of this 
     Act to a state-of-good-repair, including equipment 
     replacement and upgrades necessary to meet current service 
     commitments;
       (3) $170,000,000 for ongoing capital infrastructure to 
     replace assets on a life-cycle basis to ensure a state-of-
     good-repair is maintained in order to meet safety and 
     reliability standards needed to deliver current service 
     commitments, including investment in partner railroads to 
     operate passenger service at currently committed levels.
       (4) $40,000,000 for ongoing capital fleet needs to sustain 
     regularly scheduled maintenance, including a 120-day cycle 
     preventive maintenance schedule, and heavy overhauls on a 4-
     year schedule, with interior enhancements as needed;
       (5) $10,000,000 for ongoing capital stations and facilities 
     needs to provide regular upgrades to stations to meet current 
     service needs, and regular improvements to maintenance-of-way 
     equipment and maintenance-of-way facilities; and
       (6) $20,000,000 for ongoing technology needs to upgrade of 
     reservation, distribution, financial, and operations systems, 
     including hardware, software, infrastructure and 
     communications.

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

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

     SEC. 308. ON-TIME PERFORMANCE.

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

     SEC. 309. AMTRAK BOARD OF DIRECTORS.

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

     ``Sec. 24302. Board of directors

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

[[Page S5230]]

     (a) shall take effect on October 1, 2003. The members of the 
     Amtrak Reform Board may continue to serve until 3 directors 
     appointed by the President under section 24302(a) of title 
     49, United States Code, as amended by subsection (a), have 
     qualified for office.

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

       (a) In General.--Amtrak shall employ an independent 
     financial consultant--
       (1) to assess its financial accounting and reporting system 
     and practices;
       (2) to design and assist Amtrak in implementing a modern 
     financial accounting and reporting system, on the basis of 
     the assessment, that will produce accurate and timely 
     financial information in sufficient detail--
       (A) to enable Amtrak to assign revenues and expenses 
     appropriately to each of its lines of business and to each 
     major activity within each line of business activity, 
     including train operations, equipment maintenance, ticketing, 
     and reservations;
       (B) to aggregate expenses and revenues related to 
     infrastructure and distinguish them from expenses and 
     revenues related to rail operations; and
       (C) to provide ticketing and reservation information on a 
     real-time basis.
       (b) Verification of System; Report.--The Inspector General 
     of the Department of Transportation shall review the 
     accounting system designed and implemented under subsection 
     (a) to ensure that it accomplishes the purposes for which it 
     is intended. The Inspector General shall report his findings 
     and conclusions, together with any recommendations, to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     use of Amtrak $2,500,000 for fiscal year 2003 to carry out 
     subsection (a), such sums to remain available until expended.

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

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

     SEC. 312. REVISED REPORTING METHODOLOGY REQUIRED.

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

     SEC. 313. APPROPRIATED AMOUNTS TO BE SPENT PROPORTIONATELY.

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

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

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

                        TITLE IV--MISCELLANEOUS

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

       (a) Definitions.--Section 102(7) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     802(7)) is amended to read as follows:
       ``(7) `railroad' has the meaning given that term in section 
     20102 of title 49, United States Code; and''.
       (b) General Authority.--Section 502 of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822) is amended--
       (1) by striking ``Secretary may provide direct loans and 
     loan guarantees to State and local governments,'' in 
     subsection (a) and inserting ``Secretary shall provide direct 
     loans and loan guarantees to State and local governments, 
     interstate compacts entered into under section 410 of the 
     Amtrak Reform and Accountability Act of 1997 (49 U.S.C 24101 
     nt),'';
       (2) by striking ``or'' in subsection (b)(1)(B);
       (3) by redesignating subparagraph (C) of subsection (b)(1) 
     as subparagraph (D); and
       (4) by inserting after subparagraph (B) of subsection 
     (b)(1) the following:
       ``(C) to acquire, improve, or rehabilitate rail safety and 
     security equipment and facilities; or''.
       (c) Extent of Authority.--Section 502(d) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822(d)) is amended--
       (1) by striking ``$3,500,000,000'' and inserting 
     ``$35,000,000,000'';
       (2) by striking ``$1,000,000,000'' and inserting 
     ``$7,000,000,000''; and
       (3) by adding at the end the following new sentence: ``The 
     Secretary shall not establish any limit on the proportion of 
     the unused amount authorized under this subsection that may 
     be used for 1 loan or loan guarantee.''.
       (d) Cohorts of Loans.--Section 502(f) of the Railroad 
     Revitalization and Regulatory

[[Page S5231]]

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

     SEC. 402. RAIL PASSENGER COOPERATIVE RESEARCH PROGRAM.

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

     ``Sec. 24910. Passenger rail cooperative research program

       ``(a) In General.--The Secretary shall establish and carry 
     out a rail passenger cooperative research program. The 
     program shall--
       ``(1) address, among other matters, intercity rail 
     passenger services, including existing rail passenger 
     technologies and speeds, incrementally enhanced rail systems 
     and infrastructure, and new high-speed wheel-on-rail systems;
       ``(2) give consideration to research on commuter rail, 
     regional rail, freight rail, and other modes of rail 
     transportation that may affect rail passenger transportation 
     due to the interconnectedness of the rail passenger network 
     with other rail transportation services; and
       ``(3) give consideration to regional concerns regarding 
     rail passenger transportation, including meeting research 
     needs common to designated high-speed corridors, long-
     distance rail services, and regional intercity rail 
     corridors, projects, and entities.
       ``(b) Contents.--The program to be carried out under this 
     section shall include research designed--
       ``(1) to 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 each of fiscal years 2003 through 2007, 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 (e) 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 
     subsections (a), (b), and (e) 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

[[Page S5232]]

       (2) by striking ``Commission'' each place it appears in 
     subsection (c) and inserting ``Board''.

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

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

  SA 3798. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the year ending September 30, 2002, and for other purposes; which was 
ordered to lie on the table; as follows:

     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.
Sec. 106. Offset for emergency supplemental appropriations.
TITLE II--Interstate Railroad Passenger High-Speed Transportation 
              System
Sec. 201. Interstate railroad passenger high-speed transportation 
              policy.
Sec. 202. High-speed rail corridor planning.
Sec. 203. Implemenation assistance.
Sec. 204. Designated high-speed rail corridors.
Sec. 205. Labor standards.
Sec. 206. Railway-highway crossings in high-speed rail corridors.
Sec. 207. Authorization of appropriations.
TITLE III--National Railroad Passenger Corporation
Sec. 301. National railroad passenger transportation system defined.
Sec. 302. 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. Establishment of financial accounting system for Amtrak 
              operations by independent auditor.
Sec. 311. Development of 5-year financial plan.
Sec. 312. Revised reporting methodology required.
Sec. 313. Appropriated amounts to be spent proportionately.
TITLE IV--Miscellaneous
Sec. 401. Rehabilitation, improvement, and security financing.
Sec. 402. Rail passenger cooperative research program.
Sec. 403. Conforming amendments to title 49 reflecting ICC Termination 
              Act.
Sec. 404. Applicability of reversion to Alaska Railroad right-of-way 
              property.

     SEC. 2. FINDINGS.

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

[[Page S5233]]

     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) $39,714,000 for tunnel security, including closed 
     circuit television cameras, lighting, and fencing, of which 
     $26,476,000 shall be obligated or expended on the Northeast 
     Corridor and $13,238,000 shall be obligated or expended 
     outside the Northeast Corridor.
       (2) $176,568,000 for interlocking security needs, including 
     closed circuit television cameras, lighting, and fencing, 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) $17,030,000 for equipment facility security, including 
     closed circuit television cameras and lighting, of which 
     $5,677,000 shall be obligated or expended on the Northeast 
     Corridor and $11,353,000 shall be obligated or expended 
     outside the Northeast Corridor.
       (4) $29,280,000 for yard and terminal security, including 
     closed circuit television cameras, lighting, and fencing, of 
     which $9,760,000 shall be obligated or expended on the 
     Northeast Corridor and $19,520,000 shall be obligated or 
     expended outside the Northeast Corridor.
       (5) $3,779,000 for mail and express facilities security, 
     including closed circuit television cameras, lighting, and 
     fencing, 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.
       (6) $27,233,000 for station security, including closed 
     circuit television cameras, x-ray machines, lighting, and 
     fencing, of which $7,104,000 shall be obligated or expended 
     on the Northeast Corridor and $20,129,000 shall be obligated 
     or expended outside the Northeast Corridor.
       (7) $30,798,000 for bridge security, including closed 
     circuit television cameras, lighting, and fencing, of which 
     $19,065,000 shall be obligated or expended on the Northeast 
     Corridor and $11,733,000 shall be obligated or expended 
     outside the Northeast Corridor.
       (8) $420,000 for tower security, including closed circuit 
     television cameras, lighting, and fencing, which shall be 
     obligated or expended on the Northeast Corridor.
       (9) $29,451,000 for electric traction facilities security, 
     including closed circuit television cameras, lighting, and 
     fencing, of which $23,650,000 shall be obligated or expended 
     on the Northeast Corridor and $5,801,000 shall be obligated 
     or expended outside the Northeast Corridor.
       (10) $11,112,000 for 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.
       (11) $212,000 for centralized electrification and traffic 
     control security, including access control systems, 
     monitoring and alarm systems, and technological protection 
     for systems, which shall be obligated or expended on the 
     Northeast Corridor.
       (12) $10,283,000 for primary and backup central monitoring 
     technology centers, which shall be obligated or expended 
     outside the Northeast Corridor.
       (13) $538,000 for employee identification systems, 
     including improved technology for badges issued to employees 
     and visitors controlled through a centralized database.
       (14) $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.
       (15) $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.
       (16) $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.
       (17) $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.
       (18) $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.
       (19) $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.
       (20) $120,000 for a notification system for integration of 
     GPS information into the central computer systems, of which 
     50 percent shall be obligated or expended on the Northeast 
     Corridor and 50 percent shall be obligated or expended 
     outside the Northeast Corridor.
       (21) $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.
       (22) $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 15 are to be deployed outside the Northeast Corridor 
     and 5 are to be deployed on the Northeast Corridor.
       (5) $30,761,000 for 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 50 percent is to be obligated or expended 
     on the Northeast Corridor and 50 percent 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 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.

[[Page S5234]]

       (H) $6,712,000 to acquire and install satellite-based 
     technology to shut down any locomotive that is not under the 
     control of its crew.
       (I) $4,320,000 to install 10 new communications stations to 
     enable radio communications in remote locations and 12 
     satellite receivers.
       (J) $4,000,000 for 4 self-propelled high-speed rail cars 
     designated for selective patrol and enforcement functions, 
     including critical incident response, dignitary protection, 
     and roving rail security inspections.
       (2) Allocation.--Except as provided in subparagraphs (B), 
     (C), and (G) of paragraph (1), 50 percent of any amounts 
     appropriated pursuant to paragraph (1) shall be obligated or 
     expended on the Northeast Corridor and 50 percent of such 
     amounts shall be obligated or expended outside the Northeast 
     Corridor.
       (d) Availability of Funds.--Amounts appropriated pursuant 
     to subsections (a), (b), and (c) shall remain available until 
     expended.
       (e) Prohibition on Use of Equipment for Employment-related 
     Purposes.--An employer may not use closed circuit television 
     cameras purchased with amounts authorized by this section for 
     employee disciplinary or monitoring purposes unrelated to 
     transportation security.

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

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

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

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

     SEC. 104. RAIL SECURITY.

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

     SEC. 105. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Assessment.--The Secretary of Transportation shall 
     assess the security risks associated with rail transportation 
     and develop prioritized recommendations for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching areas, and other areas identified by the 
     Secretary as posing significant rail-related risks to public 
     safety and the movement of interstate commerce, taking into 
     account the impact that any proposed security measure might 
     have on the provision of rail service;
       (B) the deployment of chemical and biological weapon 
     detection equipment;
       (C) dealing with the immediate and long-term economic 
     impact of measures that may be required to address those 
     risks; and
       (D) training employees in terrorism response activities.
       (2) Existing private and public sector efforts.--The 
     assessment shall include a review of any actions already 
     taken to address identified security issues by both public 
     and private entities.
       (3) Railroad crossing delays.--The Secretary shall include 
     in the assessment an analysis of the risks to public safety 
     and to the security of rail transportation that are 
     associated with long delays in the movement of trains that 
     have stopped on railroad grade crossings of highways, 
     streets, and other roads for motor vehicle traffic, 
     especially in major metropolitan areas. The Secretary shall 
     include in the recommendations developed under paragraph (1) 
     recommended actions for preventing such delays and reducing 
     the risks identified in the analysis.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Secretary 
     shall--
       (1) consult with rail management, rail labor, and public 
     safety officials (including officials responsible for 
     responding to emergencies); and
       (2) utilize, to the maximum extent feasible, the resources 
     and assistance of--
       (A) the Federal Railroad Administration's Rail Safety 
     Advisory Committee; and
       (B) the Transportation Research Board of the National 
     Academy of Sciences.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report, without compromising national 
     security, containing--
       (A) the assessment and prioritized recommendations required 
     by subsection (a); and
       (B) any proposals the Secretary deems appropriate for 
     providing Federal financial, technological, or research and 
     development assistance to railroads to assist the railroads 
     in reducing the likelihood, severity, and consequences of 
     deliberate acts of crime or terrorism toward rail employees, 
     rail passengers, rail shipments, or rail property.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (d) Security Needs of Non-amtrak Stations.--
       (1) Study.--The Secretary of Transportation shall conduct a 
     study of the security and station improvements that may be 
     needed on rail stations served by Amtrak that are not owned 
     by Amtrak.
       (2) Report.--The Secretary shall report, within 180 days 
     after the date of enactment of this Act, to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure the results of the study, including--
       (A) the total number of such stations;
       (B) the estimated costs of the security and station 
     improvements identified in the study; and
       (C) any additional findings, conclusions, and 
     recommendations, including legislative recommendations, the 
     Secretary deems appropriate.
       (e) 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.

     SEC. 106. OFFSET FOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS.

       (a) Finding.--The Congress finds that amounts were 
     appropriated by the Department of Defense and Emergency 
     Supplemental Appropriations for Recovery from and Response to 
     Terrorist Attacks on the United States Act, 2002 (Pub. Law 
     107-117) to be obligated or expended for Amtrak security-
     related activities.
       (b) Statement of Intent.--It is the intent of the Congress 
     that the amounts appropriated by that Act for Amtrak 
     security-related activities should offset the amounts 
     authorized by this title to be appropriated to the Secretary 
     of Transportation for Amtrak's use for security-related 
     activities.
       (c) Reduction of Authorizations.--Each amount authorized by 
     this title to be appropriated to the Secretary of 
     Transportation for the use of Amtrak for a security-related 
     activity in any preceding section of this title for any 
     fiscal year shall be reduced by any such appropriated amount 
     used by Amtrak for that activity in that fiscal year.

   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''.


[[Page S5235]]


       (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 
     permit, but may not require, a portion of the publicly 
     financed costs associated with eligible activities to come 
     from non-Federal sources.
       ``(4) Priorities to chicago, atlanta, dallas/fort worth, 
     portland, and orlando.--In determining projects to be 
     undertaken pursuant to this paragraph, the Secretary shall 
     give the highest priorities to undertaking planning in the 
     vicinity of Union Station in Chicago, Illinois, in 
     metropolitan Atlanta, Georgia, in the Dallas/Fort Worth, 
     Texas, area, in the Portland, Oregon, area, and on the 
     Orlando Corridor in Florida.''.
       (b) Conforming and Other Amendments to Section 26101.--
     Section 26101 is further amended--
       (1) by striking subsection (c)(2) and inserting the 
     following:
       ``(2) the extent to which the proposed planning focuses on 
     high-speed rail systems, giving a priority to systems which 
     will achieve sustained speeds of 125 miles per hour or 
     greater and projects involving dedicated rail passenger 
     rights-of-way;'';
       (2) by inserting ``and'' after the semicolon in subsection 
     (c)(12);
       (3) by striking ``completed; and'' in subsection (c)(13) 
     and inserting ``completed.'';
       (4) by striking subsection (c)(14); and
       (5) by adding at the end the following:
       ``(d) Operators Deemed Rail Carriers.--A person that 
     conducts rail operations funded or otherwise receiving 
     assistance under this section is deemed to be a rail carrier 
     for purposes of part A of subtitle IV, when so operating or 
     performing such services.''.
       (c) Conforming Amendment.--Section 26105(2)(A) is amended 
     by striking ``more than 125 miles per hour;'' and inserting 
     ``90 miles per hour or more;''.
       (d) Financial Assistance To Include Loans and Loan 
     Guarantees.--Section 26105(1) is amended by inserting 
     ``loans, loan guarantees,'' after ``contracts,''.

     SEC. 203. IMPLEMENTATION ASSISTANCE.

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

     ``Sec. 26101A. Implementation of corridor plans

       ``(a) Implementation Assistance.--
       ``(1) In general.--The Secretary of Transportation shall 
     provide implementation assistance to States or group of 
     States and other public agencies promoting the development of 
     high-speed rail corridors designated by the Secretary under 
     section 104(d) of title 23. The Secretary shall establish an 
     application and qualification process and, before providing 
     assistance under this section, make a determination on the 
     record that the applicant is qualified and eligible for 
     assistance under this section.
       ``(2) Secretary may provide direct or financial 
     assistance.--The Secretary may provide implementation 
     assistance under paragraph (1) directly or by providing 
     financial assistance to a public agency or group of public 
     agencies to undertake implementation activities approved by 
     the Secretary.
       ``(3) 100 percent federal share.--The Secretary may permit, 
     but may not require, a portion of the publicly financed costs 
     associated with eligible activities to come from non-Federal 
     sources.
       ``(4) Contribution of land.--Notwithstanding paragraph (3), 
     the Secretary may accept land contributed by a State for 
     right-of-way, without regard to whether the State acquired 
     the land directly or indirectly through the use of Federal 
     funds, including transfers from the Highway Trust Fund under 
     section 9503 of the Internal Revenue Code of 1986.
       ``(5) Priorities to chicago, atlanta, dallas/fort worth, 
     portland, and orlando.--In determining projects to be 
     undertaken pursuant to this subsection, the Secretary shall 
     give the highest priorities to undertaking implementation 
     assistance in the vicinity of Union Station in Chicago, 
     Illinois, in metropolitan Atlanta, Georgia, and in the 
     Dallas/Fort Worth, Texas, area, in the Portland, Oregon, 
     area, and on the Orlando Corridor in Florida.
       ``(6) Special transportation circumstances.--In carrying 
     out this section, the Secretary shall allocate an appropriate 
     portion of the amounts available for implementation 
     assistance to providing appropriate related assistance in any 
     State the rail transportation system of which--
       ``(A) is not physically connected to rail systems in the 
     continental United States; and
       ``(B) may not otherwise qualify for high-speed rail 
     implementation assistance due to the constraints imposed on 
     the railway infrastructure in that State due to the unique 
     characteristics of the geography of that State or other 
     relevant considerations, as determined by the Secretary.
       ``(b) Eligible Implementation Activities.--The following 
     activities are eligible for implementation assistance under 
     subsection (a):
       ``(1) Security planning and the acquisition of security and 
     emergency response equipment.
       ``(2) Operating expenses.
       ``(3) Infrastructure acquisition and construction of track 
     and facilities.
       ``(4) Highway-rail grade crossing eliminations and 
     improvements.
       ``(5) Acquisition of rights-of-way, locomotives, rolling 
     stock, track, and signal equipment.
       ``(c) Criteria for Determining Assistance for 
     Implementation Activities.--The Secretary, in selecting 
     recipients of assistance under subsection (a), shall--
       ``(1) encourage the use of positive train control 
     technologies;
       ``(2) require that any project meet any existing safety 
     regulations, and give preference to any project determined by 
     the Secretary to have particularly high levels of safety;
       ``(3) encourage intermodal connectivity by locating train 
     stations in or near airports, bus terminals, subway stations, 
     ferry ports, and other modes of transportation;
       ``(4) ensure a general regional balance in providing such 
     assistance and avoid the concentration of a disproportionate 
     dedication of available financial assistance resources to a 
     single project or region of the country; and
       ``(5) ensure that any project is compatible with, and 
     operated in conformance with, plans developed pursuant to the 
     requirements of sections 134 and 135 of title 23, United 
     States Code.
       ``(d) Operators Deemed Rail Carriers.--A person that 
     conducts rail operations funded or otherwise receiving 
     assistance under this section is deemed to be a rail carrier 
     for purposes of part A of subtitle IV, when so operating or 
     performing such services.
       ``(e) Domestic Buying Preferences.--
       ``(1) In general.--In carrying out a project assisted under 
     this section, a recipient shall buy only--
       ``(A) unmanufactured articles, material, and supplies mined 
     or produced in the United States; or
       ``(B) manufactured articles, material, and supplies 
     manufactured in the United States substantially from 
     articles, material, and supplies mined, produced, or 
     manufactured in the United States.
       ``(2) De minimis amount.--Paragraph (1) of this subsection 
     applies only when the cost of those articles, material, or 
     supplies bought is at least $1,000,000.
       ``(3) Exemptions.--On application of a recipient, the 
     Secretary of Transportation may exempt a recipient from the 
     requirements of this subsection if the Secretary decides 
     that, for particular articles, material, or supplies--
       ``(A) the requirements of paragraph (1) of this subsection 
     are inconsistent with the public interest;
       ``(B) the cost of imposing those requirements is 
     unreasonable; or
       ``(C) the articles, material, or supplies, or the articles, 
     material, or supplies from which they are manufactured, are 
     not mined, produced, or manufactured in the United States in 
     sufficient and reasonably available commercial quantities and 
     are not of a satisfactory quality.
       ``(4) United states defined.--In this subsection, the term 
     `the United States' means the States, territories, and 
     possessions 
     of the United States and the District of 
     Columbia.''.
       (b) Rulemaking Required.--Within 90 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a rulemaking to create an application and 
     qualification procedure for providing high-speed rail 
     corridor implementation assistance under section 26101A of 
     title 49, United States Code.
       (c) Procedures for Grant Award.--Within 90 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall initiate a rulemaking to create 
     procedures for the awarding of implementation assistance 
     under this section. The Procedures shall include the 
     execution of a full funding grant agreement between the 
     applicant and the government.
       (d) Competitive Bidding on High-Speed Rail Routes.--The 
     Secretary of Transportation shall determine that a State or 
     group of States and other public agencies promoting a high-
     speed rail project under the provisions of section 26101A of 
     title 49, United States Code, as a condition of receiving 
     funding under such section, has provided for competitive 
     bidding for the project in accordance with the Uniform 
     Administrative Requirements for Grants and Cooperative 
     Agreements to State and Local Governments (49 C.F.R. section 
     18.36). Within 180 days after the date of enactment of this 
     Act, the Secretary, in consultation with the States or groups 
     of States and other public agencies, shall issue criteria for 
     the services to which the competitive bidding by this section 
     applies. A train operator selected under section 26101A of 
     title 49, United States Code, is deemed to be a rail carrier 
     for purposes of part A of subtitle 49, United States Code, 
     when performing such services.
       (e) Conforming Amendment.--The chapter analysis for chapter 
     261 is amended by inserting after the item relating to 
     section 26101 the following:

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

[[Page S5236]]

     SEC. 204. DESIGNATED HIGH-SPEED RAIL CORRIDORS.

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

     SEC. 205. LABOR STANDARDS.

       (a) Current Employee Protections.--Nothing in this Act, or 
     in any amendment made by this Act, shall affect the level of 
     protection provided to freight railroad employees, employees 
     of the National Passenger Railroad Corporation, and mass 
     transportation employees as it existed on the day before the 
     date of enactment of this Act.
       (b) Labor Standards.--
       (1) Prevailing wages.--The Secretary 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.).
       (3) Employee protection.--The Secretary of Transportation 
     shall require as a condition of any project financed in whole 
     or in part by funds authorized by this title that the project 
     be conducted in a manner that provides a fair arrangement at 
     least as protective of the interests of employees who are 
     affected by the project so funded as the terms imposed under 
     arrangements reached under section 141 of the Amtrak Reform 
     and Accountability Act of 1997 (49 U.S.C. 24706 note).

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

       (a) In General.--The entire cost of construction of 
     projects for the elimination of hazards of railway-highway 
     crossings in designated high-speed rail corridors, including 
     the separation or protection of grades at crossings, the 
     reconstruction of existing railroad grade crossing 
     structures, and the relocation of highways to eliminate grade 
     crossings, may be paid from sums authorized by subsection 
     (k). In any case when the elimination of the hazards of a 
     railway-highway crossing can be effected by the relocation of 
     a portion of a railway at a cost estimated by the Secretary 
     of Transportation to be less than the cost of such 
     elimination by one of the methods mentioned in the first 
     sentence of this section, then the entire cost of such 
     relocation project may be paid from sums authorized by 
     subsection (k).
       (b) Classification of Projects.--The Secretary may classify 
     the various types of projects involved in the elimination of 
     hazards of high-speed rail corridor railway-highway 
     crossings, and may set for each such classification a 
     percentage of the costs of construction which shall be deemed 
     to represent the net benefit to the railroad or railroads for 
     the purpose of determining the railroad's share of the cost 
     of construction. The percentage so determined shall in no 
     case exceed 10 per cent of such costs. The Secretary shall 
     determine the appropriate classification of each project.
       (c) Liability of Railroad.--Any railroad involved in a 
     project for the elimination of hazards of railway-highway 
     crossings paid for in whole or in part from sums made 
     available under this section shall be liable to the United 
     States for the net benefit to the railroad determined under 
     the classification of such project made under subsection (b). 
     That liability to the United States may be discharged by 
     direct payment to the State transportation department of the 
     State in which the project is located, in which case such 
     payment shall be credited to the cost of the project. The 
     payment may consist in whole or in part of materials and 
     labor furnished by the railroad in connection with the 
     construction of the project. If any such railroad fails to 
     discharge such liability within a 6-month period after 
     completion of the project, it shall be liable to the United 
     States for its share of the cost, and the Secretary shall 
     request the Attorney General to institute proceedings against 
     such railroad for the recovery of the amount for which it is 
     liable under this subsection. The Attorney General is 
     authorized to bring such proceedings on behalf of the United 
     States, in the appropriate district court of the United 
     States, and the United States shall be entitled in such 
     proceedings to recover such sums as it is considered and 
     adjudged by the court that such railroad is liable for in the 
     premises. Any amounts recovered by the United States under 
     this subsection shall be credited to miscellaneous receipts.
       (d) Survey and Schedule of Projects.--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

[[Page S5237]]

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

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       Section 26104 is amended to read as follows:

     ``Sec. 26104. Authorization of appropriations

       ``(a) Fiscal Years 2003 through 2007.--There are authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2003 through 2007--
       ``(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 segment of the Northeast Corridor between Boston, 
     Massachusetts and Washington, D.C.;
       ``(B) rail corridors that have been designated by the 
     Secretary of Transportation as high-speed corridors, but only 
     after they have been improved to permit operation of high-
     speed service;
       ``(C) long-distance routes of more than 750 miles between 
     endpoints operated by Amtrak as of the date of enactment of 
     the National Defense Rail Act; and
       ``(D) short-distance corridors or routes operated as of the 
     date of enactment of the National Defense Rail Act, unless 
     discontinued by Amtrak.''.
       (b) Amtrak Routes with State Funding.--
       (1) In general.--Chapter 247 is amended by inserting after 
     section 27101 the following:

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

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

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

       (c) Amtrak To Continue To Provide Non High-speed 
     Services.--Nothing in this Act is intended to preclude Amtrak 
     from restoring, improving, or developing non-high-speed 
     intercity passenger rail service.

     SEC. 302. AMTRAK AUTHORIZATIONS.

       (a) Repeal of Self-sufficiency Requirements.
       (1) Title 49 amendments.--Chapter 241 is amended--
       (A) by striking the last sentence of section 24101(d); and
       (B) by striking the last sentence of section 24104(a).
       (2) Amtrak reform and accountability act amendments.--Title 
     II of the Amtrak Reform and Accountability Act of 1997 (49 
     U.S.C. 24101 nt) is amended by striking sections 204 and 205.
       (3) Common stock redemption date.--Section 415 of the 
     Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304 
     nt) is amended by striking subsection (b).
       (b) Lease arrangements.--Amtrak may obtain services from 
     the Administrator of General Services, and the Administrator 
     may provide services to Amtrak, under section 201(b) and 
     211(b) of the Federal Property and Administrative Service Act 
     of 1949 (40 U.S.C. 481(b) and 491(b)) for each of fiscal 
     years 2003 through 2007.
       (c) Financial Powers.--Section 415(d) of the Amtrak Reform 
     and Accountability Act of 1997 by adding at the end the 
     following:
       ``(3) This section does not affect the applicability of 
     section 3729 of title 31, United States Code, to claims made 
     against Amtrak.''.

     SEC. 303. ADDITIONAL AMTRAK AUTHORIZATIONS.

       (a) Excess RRTA.--There are authorized to be appropriated 
     to the Secretary of Transportation for the use of Amtrak for 
     each of fiscal years 2003 through 2007, 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 each of fiscal years 2003 through 2007, 
     $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 shall be obligated or expended outside the 
     Northeast Corridor, of which $15,000,000 shall be obligated 
     or expended for long-distance trains.
       (2) Best efforts requirement.--If Amtrak fails to meet the 
     period for compliance requirement imposed by section 
     242(e)(2)(A)(ii)(I) of the Americans With Disabilities Act of 
     1990 (42 U.S.C. 12162(e)(2)(A)(ii)(I))--
       (A) it shall not be considered discrimination for purposes 
     of section 202 of that Act (42 U.S.C. 12132) or section 504 
     of the Rehabilitation Act of 1973 (29 U.S.C. 794) if Amtrak 
     demonstrates to the satisfaction of the Secretary of 
     Transportation that--
       (i) Amtrak has made substantial progress toward meeting the 
     requirements of section 242(e)(2)(A)(ii)(I) of the Americans 
     With Disabilities Act of 1990 (42 U.S.C. 
     12162(e)(2)(A)(ii)(I)); and

[[Page S5238]]

       (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.
       (e) Reinvestment of net Revenues from Non-passenger 
     Operations.--Amtrak shall apply any net revenues from non-
     passenger operations to the railroad's working capital for 
     use in satisfying systemwide current liabilities. When 
     Amtrak's working capital has improved to the point at which 
     Amtrak's liquid assets are sufficient to satisfy projected 
     short-term liabilities, Amtrak shall invest any excess net 
     non-passenger revenues in high priority capital projects.

     SEC. 304. NORTHEAST CORRIDOR AUTHORIZATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak for 
     each of fiscal years 2003 through 2007, 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, such funds to remain available until expended.
       (d) Corridor Growth investment.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for corridor growth investments in the Northeast 
     Corridor--
       (1) For fiscal year 2003, $200,000,000.
       (2) For fiscal year 2004, $300,000,000.
       (3) For fiscal year 2005, $400,000,000.
       (4) For fiscal year 2006, $500,000,000.
       (5) For fiscal year 2007, $600,000,000.
       (e) Financial Contribution from Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all life safety portions of the tunnel projects 
     described in subsection (b)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers if feasible.
       (f) Availability of Funds.--Amounts appropriated pursuant 
     to this section shall remain available until expended.
       (g) Reinvestment of Northeast Corridor Net Operating 
     Revenues.--Amtrak shall invest any net revenue generated from 
     core passenger operations in the Northeast Corridor in 
     capital needs of the corridor until the backlog of capital 
     improvements is completed under Amtrak's 20-year capital 
     plan.

     SEC. 305. LONG DISTANCE TRAINS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak for 
     each of fiscal years 2003 through 2007, $360,000,000 for 
     operating costs associated with long distance trains.
       (b) Capital Backlog and Upgrades.--There are authorized to 
     be appropriated to the Secretary of Transportation for the 
     use of Amtrak for each of fiscal years 2003 through 2007, 
     $70,000,000 to reduce the capital backlog and to bring its 
     existing fleet to a state-of-good-repair, including equipment 
     replacement and upgrades necessary to meet current service 
     commitments.
       (c) Ongoing Capital Infrastructure Investments.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak for each of fiscal years 
     2003 through 2007, $80,000,000 for ongoing capital 
     infrastructure--
       (1) to replace assets on a life-cycle basis;
       (2) to ensure that a state-of-good-repair is maintained in 
     order to meet safety and reliability standards;
       (3) to meet current service commitments; and
       (4) to provide funds for investment in partner railroads to 
     operate passenger service at currently committed levels.
       (d) Capital Fleet Needs.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for each of fiscal years 2003 through 2007, 
     $50,000,000 for ongoing capital fleet needs to sustain 
     regularly scheduled maintenance, including a 120-day cycle of 
     preventive maintenance, and heavy overhauls on a 4-year 
     schedule, with interior enhancements as needed.
       (e) Capital stations and facilities.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     use of Amtrak for each of fiscal years 2003 through 2007, 
     $10,000,000 for ongoing capital stations and facilities needs 
     to provide regular upgrades to stations to meet current 
     service needs, and regular improvements to maintenance-of-way 
     equipment and maintenance-of-way facilities.
       (f) Technology Needs.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for each of fiscal years 2003 through 2007, 
     $10,000,000 for ongoing technology needs to upgrade 
     reservation, distribution, financial, and operations systems, 
     including hardware, software, infrastructure, and 
     communications.

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

       There are authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak for each of fiscal years 
     2003 through 2007, 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,

[[Page S5239]]

     delays are due to causes that could reasonably be addressed 
     by a rail carrier over the tracks of which the intercity 
     passenger train operates, or by a regional authority 
     providing commuter service, if any. In carrying out such an 
     investigation, the Surface Transportation Board shall obtain 
     information from all parties involved and make 
     recommendations regarding reasonable measures to improve the 
     on-time performance of the train.''.

     SEC. 309. AMTRAK BOARD OF DIRECTORS.

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

     ``Sec. 24302. Board of directors

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

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

       (a) In General.--Amtrak shall employ an independent 
     financial consultant--
       (1) to assess its financial accounting and reporting system 
     and practices;
       (2) to design and assist Amtrak in implementing a modern 
     financial accounting and reporting system, on the basis of 
     the assessment, that will produce accurate and timely 
     financial information in sufficient detail--
       (A) to enable Amtrak to assign revenues and expenses 
     appropriately to each of its lines of business and to each 
     major activity within each line of business activity, 
     including train operations, equipment maintenance, ticketing, 
     and reservations;
       (B) to aggregate expenses and revenues related to 
     infrastructure and distinguish them from expenses and 
     revenues related to rail operations; and
       (C) to provide ticketing and reservation information on a 
     real-time basis.
       (b) Verification of System; Report.--The Inspector General 
     of the Department of Transportation shall review the 
     accounting system designed and implemented under subsection 
     (a) to ensure that it accomplishes the purposes for which it 
     is intended. The Inspector General shall report his findings 
     and conclusions, together with any recommendations, to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     use of Amtrak $2,500,000 for fiscal year 2003 to carry out 
     subsection (a), such sums to remain available until expended.

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

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

     SEC. 312. REVISED REPORTING METHODOLOGY REQUIRED.

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

     SEC. 313. APPROPRIATED AMOUNTS TO BE SPENT PROPORTIONATELY.

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

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

       (a) Inspector General To Hire Consultant.--The Inspector 
     General of the Department of Transportation shall--

[[Page S5240]]

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

                        TITLE IV--MISCELLANEOUS

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

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

     SEC. 402. RAIL PASSENGER COOPERATIVE RESEARCH PROGRAM.

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

     ``Sec. 24910. Passenger rail cooperative research program

       ``(a) In General.--The Secretary shall establish and carry 
     out a rail passenger cooperative research program. The 
     program shall--
       ``(1) address, among other matters, intercity rail 
     passenger services, including existing rail passenger 
     technologies and speeds, incrementally enhanced rail systems 
     and infrastructure, and new high-speed wheel-on-rail systems;
       ``(2) give consideration to research on commuter rail, 
     regional rail, freight rail, and other modes of rail 
     transportation that may affect rail passenger transportation 
     due to the interconnectedness of the rail passenger network 
     with other rail transportation services; and
       ``(3) give consideration to regional concerns regarding 
     rail passenger transportation, including meeting research 
     needs common to designated high-speed corridors, long-
     distance rail services, and regional intercity rail 
     corridors, projects, and entities.
       ``(b) Contents.--The program to be carried out under this 
     section shall include research designed--
       ``(1) to 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;

[[Page S5241]]

       ``(B) transportation and environmental economists, 
     scientists, and engineers; and
       ``(C) representatives of Amtrak, the Alaska Railroad, 
     transit operating agencies, intercity rail passenger 
     agencies, railway labor organizations, and environmental 
     organizations.
       ``(d) National Academy of Sciences.-- The Secretary may 
     make grants to, and enter into cooperative agreements with, 
     the National Academy of Sciences to carry out such activities 
     relating to the research, technology, and technology transfer 
     activities described in subsection (b) as the Secretary deems 
     appropriate.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     249 is amended by adding at the end the following:

``24910. Passenger rail cooperative research program''.

       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation 
     $5,000,000 for each of fiscal years 2003 through 2007, 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 (e) 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 
     subsections (a), (b), and (e) 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 610(b) of the Alaska Railroad Transfer Act of 1982 
     (45 U.S.C. 1209(b)) is amended--
       (1) by inserting ``(1)'' after ``Discontinuance.--'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) The State-owned railroad may convey all right, 
     title, and interest of the State in any land within the 
     right-of-way to a third party in exchange for other land 
     that, in substitution for the land conveyed, is to be 
     utilized as part of the right-of-way if the continuity of the 
     right-of-way corridor for transportation, communications, and 
     transmission purposes is provided by such use of the 
     substituted land.
       ``(B) The provisions of this section that require reversion 
     shall apply to the substituted land, as of the effective date 
     of the exchange of that land in a transaction authorized by 
     subparagraph (A), as fully as if the substituted land had 
     been rail properties of the Alaska Railroad as of January 13, 
     1983.
       ``(C) Upon the conveyance of land in a transaction 
     authorized by subparagraph (A), any reversionary interest in 
     the land under this section shall terminate.''.
                                  ____

  SA 3799. Mr. ENZI (for himself, Mr. Grassley, and Mr. Hagel) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike all after ``SEC. 102.'' and insert the following:

     LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Agriculture shall use 
     $500,000,000 of the funds of the Commodity Credit Corporation 
     to make and administer payments for livestock losses to 
     producers for 2001 losses in a county that has received an 
     emergency designation by the President or the Secretary after 
     January 1, 2001, of which $12,000,000 shall be made available 
     for the American Indian livestock program under section 806 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).
       (c) Payment Limitations.--Section 1001 of the Food Security 
     of 1985 (7 U.S.C. 1308) is amended--
       (1) in subsection (b), by striking ``$40,000'' each place 
     it appears and inserting ``$17,500'';
       (2) in subsection (c), by striking ``$65,000'' each place 
     it appears and inserting ``$32,500''; and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Limitations on Marketing Loan Gains, Loan Deficiency 
     Payments, and Commodity Certificate Transactions.--
       ``(1) In general.--The total amount of the following gains 
     and payments that a person may receive during any crop year 
     may not exceed $75,000:
       ``(A) Any gain realized by a producer from repaying a 
     marketing assistance loan for 1 or more loan commodities, 
     peanuts, wool, mohair, or honey under subtitle B and C of 
     title I of the Farm Security and Rural Investment Act of 2002 
     at a lower level than the original loan rate established for 
     the applicable commodity under that subtitle.
       ``(B) Any loan deficiency payments received for 1 or more 
     loan commodities, peanuts, wool, mohair, or honey under that 
     subtitle.
       ``(2) Additional limitation.--In addition to the limitation 
     under paragraph (1), the total amount of the following gains 
     and payments that a person may receive during any crop year 
     may not exceed $90,000:
       ``(A) Any gain and payment described in paragraph (1).
       ``(B) In the case of settlement of a marketing assistance 
     loan for 1 or more loan commodities, peanuts, wool, mohair, 
     or honey under that subtitle by forfeiture, the amount by 
     which the loan amount exceeds the repayment amount for the 
     loan if the loan had been settled by repayment instead of 
     forfeiture.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 1 
     or more loan commodities, peanuts, wool, mohair, or honey, as 
     determined by the Secretary, including the use of a 
     certificate for the settlement of a marketing assistance loan 
     made under that subtitle.
       ``(e) Single Farm Serial Number.--Notwithstanding 
     subsections (b) through (d), if a person receives 1 or more 
     payments and gains described in this section through only 1 
     farm serial number, the total amount of payments or gains (as 
     applicable) that the person may receive during a crop year 
     shall equal twice the dollar amount prescribed in this 
     section.''.
                                  ____

  SA 3800. Mr. ENZI (for himself, Mr. Grassley, and Mr. Hagel) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike all after ``SEC. 102.'' and insert the following:

     LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Agriculture shall use 
     $500,000,000 of the funds of the Commodity Credit Corporation 
     to make and administer payments for livestock losses to 
     producers for 2001 losses in a county that has received an 
     emergency designation by the President or the Secretary after 
     January 1, 2001, of which $12,000,000 shall be made available 
     for the American Indian livestock program under section 806 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).
       (c) Payment Limitations.--Section 1001 of the Food Security 
     of 1985 (7 U.S.C. 1308) is amended--
       (1) in subsection (b), by striking ``$40,000'' each place 
     it appears and inserting ``$17,500'';

[[Page S5242]]

       (2) in subsection (c), by striking ``$65,000'' each place 
     it appears and inserting ``$32,500''; and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Limitations on Marketing Loan Gains, Loan Deficiency 
     Payments, and Commodity Certificate Transactions.--
       ``(1) In general.--The total amount of the following gains 
     and payments that a person may receive during any crop year 
     may not exceed $75,000:
       ``(A) Any gain realized by a producer from repaying a 
     marketing assistance loan for 1 or more loan commodities, 
     peanuts, wool, mohair, or honey under subtitle B and C of 
     title I of the Farm Security and Rural Investment Act of 2002 
     at a lower level than the original loan rate established for 
     the applicable commodity under that subtitle.
       ``(B) Any loan deficiency payments received for 1 or more 
     loan commodities, peanuts, wool, mohair, or honey under that 
     subtitle.
       ``(2) Additional limitation.--In addition to the limitation 
     under paragraph (1), the total amount of the following gains 
     and payments that a person may receive during any crop year 
     may not exceed $90,000:
       ``(A) Any gain and payment described in paragraph (1).
       ``(B) In the case of settlement of a marketing assistance 
     loan for 1 or more loan commodities, peanuts, wool, mohair, 
     or honey under that subtitle by forfeiture, the amount by 
     which the loan amount exceeds the repayment amount for the 
     loan if the loan had been settled by repayment instead of 
     forfeiture.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 1 
     or more loan commodities, peanuts, wool, mohair, or honey, as 
     determined by the Secretary, including the use of a 
     certificate for the settlement of a marketing assistance loan 
     made under that subtitle.
       ``(e) Single Farm Serial Number.--Notwithstanding 
     subsections (b) through (d), if a person receives 1 or more 
     payments and gains described in this section through only 1 
     farm serial number, the total amount of payments or gains (as 
     applicable) that the person may receive during a crop year 
     shall equal twice the dollar amount prescribed in this 
     section.''.
                                  ____

  SA 3801. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike ``$500,000,000'' and insert in lieu thereof 
     ``$600,000,000''.
                                  ____

  SA 3802. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike ``$500,000,000'' and insert in lieu thereof 
     ``$600,000,000''.
                                  ____

  SA 3803. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike ``$500,000,000'' and insert in lieu thereof 
     ``$700,000,000''.
                                  ____

  SA 3804. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike ``$500,000,000'' and insert in lieu thereof 
     ``$700,000,000''.
                                  ____

  SA 3805. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       In the language proposed to be stricken strike $55 million 
     and insert $200 million.
                                  ____

  SA 3806. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the bill insert the following:
       Sec.  . Of the funds made available under the heading 
     ``Courts of Appeals, District Courts, and Other Judicial 
     Services, Salaries and Expenses'' in title III of Public Law 
     107-77, $37,900,000 shall be transferred to, and merged with, 
     funds available for ``hiring 200 additional Deputy United 
     States Marshals and associated support staff for protection 
     of the judicial process in response to the terrorist attacks 
     of September 11, 2001 to be deployed to the Federal districts 
     with critical courtroom and prisoner security needs, 
     $37,900,000, to remain available until expended:''.

                          ____________________