[Congressional Record Volume 151, Number 134 (Thursday, October 20, 2005)]
[Senate]
[Pages S11674-S11695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2149. Ms. STABENOW proposed an amendment to the bill H.R. 3058, 
making appropriations for the Departments of Transportation, Treasury, 
and Housing and Urban Development, the Judiciary, District of Columbia, 
and independent agencies for the fiscal year ending September 30, 2006, 
and for other purposes; as follows:

       On page 277, line 18, ``strike activities;'' and insert the 
     following: ``activities; pursuant to section 3004(b) of the 
     Exchange Rates and International Economic Policy Coordination 
     Act of 1988 (22 U.S.C. 5304(b)), not to exceed $1,000,000 is 
     for the Secretary of the Treasury, in conjunction with the 
     President, to implement said subsection as it pertains to 
     governments and trade violations involving currency 
     manipulation and other trade violations;''.
                                 ______
                                 
  SA 2150. Ms. SNOWE (for herself, Mr. Thune, Ms. Collins, and Mr. 
Johnson) submitted an amendment intended to be proposed by her to the 
bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       At the appropriate place, insert the following:
       Sec. __.(a)(1) This section shall apply to an employee of 
     the Federal Aviation Administration, who--
       (A) would be involuntarily separated as a result of the 
     reorganization of the Flight Services Unit following the 
     outsourcing of flight service duties to a contractor;
       (B) was not eligible by October 3, 2005 for an immediate 
     annuity under a Federal retirement system; and
       (C) assuming continued Federal employment, would attain 
     eligibility for an immediate annuity under section 8336(d) or 
     8414(b) of title 5, United States Code, not later than 
     October 4, 2007.
       (2) Notwithstanding any other provision of law, during the 
     period beginning on the date of enactment of this Act and 
     ending October 4, 2007, an employee described under paragraph 
     (1) may, with the approval of the Administrator of the 
     Federal Aviation Administration or the designee of the 
     Administrator, accept an assignment to such contractor within 
     14 days after the date of enactment of this section.
       (3) Except as provided in subsection (c), an employee 
     appointed under paragraph (1)--
       (A) shall be a temporary Federal employee for the duration 
     of the assignment;
       (B) notwithstanding such temporary status, shall retain 
     previous enrollment or participation in Federal employee 
     benefits programs under chapters 83, 84, 87, and 89 of title 
     5, United States Code; and
       (C) shall be considered to have not had a break in service 
     for purposes of chapters 83, 84, and sections 8706(b) and 
     8905(b) of title 5, United States Code, except no service 
     credit or benefits shall be extended retroactively.
       (4) An assignment and temporary appointment under this 
     section shall terminate on the earlier of--
       (A) October 4, 2007; or
       (B) the date on which the employee first becomes 
     eligibility for an immediate annuity under section 8336(d) or 
     8414(b) of title 5, United States Code.
       (5) Such funds as may be necessary are authorized for the 
     Federal Aviation Administration to pay the salary and 
     benefits of an employee assigned under this section, but no 
     funds are authorized to reimburse the employing contractor 
     for the salary and benefits of an employee so assigned.
       (b) An employee who is being involuntarily separated as a 
     result of the reorganization of the Flight Services Unit 
     following the outsourcing of flight service duties to a 
     contractor, and is eligible to use annual leave under the 
     conditions of section 6302(g) of title 5, United States Code, 
     may use such leave to--
       (1) qualify for an immediate annuity or to meet the age or 
     service requirements for an enhanced annuity that the 
     employee could qualify for under sections 8336, 8412, or 
     8414; or
       (2) to meet the requirements under section 8905(b) of title 
     5, United States Code, to qualify to continue health benefits 
     coverage after retirement from service.
       (c)(1) Nothing in this section shall--
       (A) affect the validity or legality of the reduction-in-
     force actions of the Federal Aviation Administration 
     effective October 3, 2005; or
       (B) create any individual rights of actions regarding such 
     reduction-in-force or any other actions related to or arising 
     under the competitive sourcing of flight services.
       (2) An employee subject to this section shall not be--
       (A) covered by chapter 71 of title 5, United States Code, 
     while on the assignment authorized by this section; or
       (B) subject to section 208 of title 18, United States Code.
       (3) Temporary employees assigned under this section shall 
     not be Federal employees for purposes of chapter 171 of title 
     28, United States Code (commonly referred to as the Federal 
     Tort Claims Act). Chapter 171 of title 28, United States Code 
     (commonly referred to as the Federal Tort Claims Act) and any 
     other Federal tort liability statute shall not apply to an 
     employee who is assigned to a contractor under subsection 
     (a).
                                 ______
                                 
  SA 2151. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of

[[Page S11675]]

Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 250, line 9, strike the colon, and all through line 
     17 on page 252 and insert the following: ''.

                            DIVISION--AMTRAK

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Passenger Rail 
     Investment and Improvement Act of 2005''.

     SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

       Except as otherwise specifically provided, whenever in this 
     division an amendment is expressed in terms of an amendment 
     to a section or other provision of law, the reference shall 
     be considered to be made to a section or other provision of 
     title 49, United States Code.

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this division is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.

                        Title I--Authorizations

Sec. 101. Authorization for Amtrak capital and operating expenses and 
              State capital grants.
Sec. 102. Authorization for the Federal Railroad Administration.
Sec. 103. Repayment of long-term debt and capital leases.
Sec. 104. Excess railroad retirement.
Sec. 105. Other authorizations.

          Title II--Amtrak Reform and Operational Improvements

Sec. 201. National railroad passenger transportation system defined.
Sec. 202. Amtrak Board of Directors.
Sec. 203. Establishment of improved financial accounting system.
Sec. 204. Development of 5-year financial plan.
Sec. 205. Establishment of grant process.
Sec. 206. State-supported routes.
Sec. 207. Independent auditor to establish methodologies for Amtrak 
              route and service planning decisions.
Sec. 208. Metrics and standards.
Sec. 209. Passenger train performance.
Sec. 210. Long distance routes.
Sec. 211. Alternate passenger rail service program.
Sec. 212. Employee transition assistance.
Sec. 213. Northeast Corridor state-of-good-repair plan.
Sec. 214. Northeast Corridor infrastructure and operations 
              improvements.
Sec. 215. Restructuring long-term debt and capital leases.
Sec. 216. Study of compliance requirements at existing intercity rail 
              stations.
Sec. 217. Incentive pay.
Sec. 218. Access to Amtrak equipment and services.
Sec. 219. General Amtrak provisions.
Sec. 220. Private sector funding of passenger trains.
Sec. 221. On-board service improvements.
Sec. 222. Management accountability.

               Title III--Intercity Passenger Rail Policy

Sec. 301. Capital assistance for intercity passenger rail service.
Sec. 302. State rail plans.
Sec. 303. Next generation corridor train equipment pool.
Sec. 304. Federal rail policy.
Sec. 305. Rail cooperative research program.

              Title IV--Passenger Rail Security and Safety

Sec. 401. Systemwide Amtrak security upgrades.
Sec. 402. Fire and life-safety improvements.
Sec. 403. Amtrak plan to assist families of passengers involved in rail 
              passenger accidents.
Sec. 404. Northern border rail passenger report.
Sec. 405. Passenger, baggage, and cargo screening.

                      Title V--Rail Bond Authority

Sec. 501. Intercity rail facility bonds.

                        TITLE I--AUTHORIZATIONS

     SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING 
                   EXPENSES AND STATE CAPITAL GRANTS.

       (a) Operating Grants.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for operating costs the following amounts:
       (1) For fiscal year 2006, $580,000,000.
       (2) For fiscal year 2007, $590,000,000.
       (3) For fiscal year 2008, $600,000,000.
       (4) For fiscal year 2009, $575,000,000.
       (5) For fiscal year 2010, $535,000,000.
       (6) For fiscal year 2011, $455,000,000.
       (b) Capital Grants.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak to bring the Northeast Corridor as defined in 
     section 24102(a) to a state-of-good-repair, for capital 
     expenses of the national railroad passenger transportation 
     system, and for purposes of making capital grants to states 
     under section 301 of this Act, the following amounts:
       (1) For fiscal year 2006, $813,000,000.
       (2) For fiscal year 2007, $910,000,000.
       (3) For fiscal year 2008, $1,071,000,000.
       (4) For fiscal year 2009, $1,096,000,000.
       (5) For fiscal year 2010, $1,191,000,000.
       (6) For fiscal year 2011, $1,231,000,000.
       (c) Amounts for State Grants.--Out of the amounts 
     authorized under subsection (b), the following percentage 
     shall be available each fiscal year for capital grants to 
     States under section 301 of this Act, to be administered by 
     the Secretary of Transportation:
       (1) 3 percent for fiscal year 2006.
       (2) 11 percent for fiscal year 2007.
       (3) 23 percent for fiscal year 2008.
       (4) 25 percent for fiscal year 2009.
       (5) 31 percent for fiscal year 2010.
       (6) 33 percent for fiscal year 2011.
       (d) Project Management Oversight.--The Secretary may 
     withhold up to \1/2\ of 1 percent of amounts appropriated 
     pursuant to subsection (b) for the costs of project 
     management oversight of capital projects carried out by 
     Amtrak.

     SEC. 102. AUTHORIZATION FOR THE FEDERAL RAILROAD 
                   ADMINISTRATION.

       There are authorized to be appropriated to the Secretary of 
     Transportation for the use of the Federal Railroad 
     Administration such sums as necessary to implement the 
     provisions required under this division for fiscal years 2006 
     through 2011.

     SEC. 103. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.

       (a) Amtrak 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, not more than the following 
     amounts:
       (A) For fiscal year 2006, $130,200,000.
       (B) For fiscal year 2007, $140,700,000.
       (C) For fiscal year 2008, $156,000,000.
       (D) For fiscal year 2009, $183,800,000.
       (E) For fiscal year 2010, $156,100,000.
       (F) For fiscal year 2011, $193,500,000.
       (2) Interest on debt.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak for the payment of interest on loans for capital 
     equipment, or capital leases, the following amounts:
       (A) For fiscal year 2006, $148,100,000.
       (B) For fiscal year 2007, $141,500,000.
       (C) For fiscal year 2008, $133,800,000.
       (D) For fiscal year 2009, $124,000,000.
       (E) For fiscal year 2010, $113,900,000.
       (F) For fiscal year 2011, $103,800,000.
       (3) Early Buyout Option.--There are authorized to be 
     appropriated to the Secretary of Transportation such sums as 
     may be necessary for the use of Amtrak for the payment of 
     costs associated with early buyout options if the exercise of 
     those options is determined to be advantageous to Amtrak.
       (4) Legal effect of payments under this section.--The 
     payment of principal and interest on secured debt, with the 
     proceeds of grants authorized by this section shall not--
       (A) modify the extent or nature of any indebtedness of the 
     National Railroad Passenger Corporation to the United States 
     in existence of the date of enactment of this Act;
       (B) change the private nature of Amtrak's or its 
     successors' liabilities; or
       (C) imply any Federal guarantee or commitment to amortize 
     Amtrak's outstanding indebtedness.

     SEC. 104. EXCESS RAILROAD RETIREMENT.

       There are authorized to be appropriated to the Secretary of 
     Transportation, beginning with fiscal year 2006, such sums as 
     may be necessary to pay to the Railroad Retirement Account an 
     amount equal to the amount Amtrak must pay under section 3221 
     of the Internal Revenue Code of 1986 in such fiscal years 
     that is more than the amount needed for benefits for 
     individuals who retire from Amtrak and for their 
     beneficiaries. For each fiscal year in which the Secretary 
     makes such a payment, the amounts authorized by section 
     101(a) shall be reduced by an amount equal to such payment.

     SEC. 105. OTHER AUTHORIZATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation--
       (1) $5,000,000 for each of fiscal years 2006 through 2011 
     to carry out the rail cooperative research program under 
     section 24910 of title 49, United States Code;
       (2) $5,000,000 for fiscal year 2006, to remain available 
     until expended, for grants to Amtrak and States participating 
     in the Next Generation Corridor Train Equipment Pool 
     Committee established under section 303 of this Act for the 
     purpose of designing, developing specifications for, and 
     initiating the procurement of an initial order of 1 or more 
     types of standardized next-generation corridor train 
     equipment and establishing a jointly-owned corporation to 
     manage that equipment; and
       (3) $2,000,000 for fiscal year 2007, for the use of Amtrak 
     in conducting the evaluation required by section 216 of this 
     Act.

          TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS

     SEC. 201. 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 systems' 
     means--
       ``(A) the segment of the Northeast Corridor between Boston, 
     Massachusetts, and Washington, D.C.;

[[Page S11676]]

       ``(B) rail corridors that have been designated by the 
     Secretary of Transportation as high-speed corridors (other 
     than corridors described in subparagraph (A)), 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 Passenger Rail Investment and Improvement Act of 2005; 
     and
       ``(D) short-distance corridors, or routes of not more than 
     750 miles between endpoints, operated by--
       ``(i) Amtrak; or
       ``(ii) another rail carrier that receives funds under 
     chapter 244.''.
       (b) Amtrak Routes With State Funding.--
       (1) In general.--Chapter 247 is amended by inserting after 
     section 24701 the following:

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

       ``(a) Contracts for Transportation.--Amtrak may enter into 
     a contract with a State, a regional or local authority, or 
     another person 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 
     my agree.
       ``(b) Discontinuance.--Upon termination of a contract 
     entered into under this section, or the cessation of 
     financial support under such a contract by either party, 
     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 division is intended to preclude 
     Amtrak from restoring, improving, or developing non-high-
     speed intercity passenger rail service.
       (d) Applicability of Section 24706.--Section 24706 is 
     amended by adding at the end the following:
       ``(c) Applicability.--This section applies to all service 
     over routes provided by Amtrak, notwithstanding any provision 
     of section 24701 of this title or any other provision of this 
     title except section 24702(b).''.

     SEC. 202. 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 Secretary of Transportation.
       ``(B) The President of Amtrak, who shall serve ex officio, 
     as a non-voting member.
       ``(C) 7 individuals appointed by the President of the 
     United States, by and with the advice and consent of the 
     Senate, with general business and financial experience, 
     experience or qualifications in transportation, freight and 
     passenger rail transportation, travel, hospitality, cruise 
     line, and passenger air transportation businesses, or 
     representatives of employees or users of passenger rail 
     transportation or State government.
       ``(2) In selecting individuals described in paragraph (1) 
     for nominations for appointments to the Board, the President 
     shall consult with the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the Majority Leader of the Senate, and the 
     Minority Leader of the Senate and try to provide adequate and 
     balanced representation of the major geographic regions of 
     the United States served by Amtrak.
       ``(3) An individual appointed under paragraph (l)(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 (l)(C) may be members 
     of the same political party.
       ``(4) 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.
       ``(5) The Secretary may be represented at board meetings by 
     the Secretary's designee.
       ``(6) The voting privileges of the President can be changed 
     by a unanimous decision of the Board.
       ``(b) Pay and Expenses.--Each director not employed by the 
     United States Government is entitled to $300 a day when 
     performing Board duties. 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)(l)(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) (l)(C) must be 
     filled not later than 120 days after the vacancy occurs.
       ``(d) Quorum.--A majority of the members serving shall 
     constitute a quorum for doing business.
       ``(e) Bylaws.--The Board may adopt and amend bylaws 
     governing the operation of Amtrak. The bylaws shall be 
     consistent with this part and the articles of 
     incorporation.''.
       (b) Effective Date for Directors' Provision.--The amendment 
     made by subsection (a) shall take effect on January 1, 2006. 
     The members of the Amtrak Board serving on the date of 
     enactment of this Act may continue to serve for the remainder 
     of the term to which they were appointed.

     SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING 
                   SYSTEM.

       (a) In General.--The Amtrak Board of Directors--
       (1) may employ an independent financial consultant with 
     experience in railroad accounting to assist Amtrak in 
     improving Amtrak's financial accounting and reporting system 
     and practices; and
       (2) shall implement a modern financial accounting and 
     reporting system 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;
       (C) to allow the analysis of ticketing and reservation 
     information on a real-time basis;
       (D) to provide Amtrak cost accounting data; and
       (E) to allow financial analysis by route and service.
       (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.

     SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.

       (a) Development of 5-Year Financial Plan.--The Amtrak Board 
     of Directors shall submit an annual budget and business plan 
     for Amtrak, and a 5-year financial plan for the fiscal year 
     to which that budget and business plan relate and the 
     subsequent 4 years, prepared in accordance with this section, 
     to the Secretary of Transportation and the Inspector General 
     of the Department of Transportation no later than--
       (1) the first day of each fiscal year beginning after the 
     date of enactment of this Act; or
       (2) the date that is 60 days after the date of enactment of 
     an appropriation Act for the fiscal year, if later.
       (b) Contents of 5-Year Financial Plan.--The 5-year 
     financial plan for Amtrak shall include, at a minimum--
       (1) all projected revenues and expenditures for Amtrak, 
     including governmental funding sources;
       (2) projected ridership levels for all Amtrak passenger 
     operations;
       (3) revenue and expenditure forecasts for non-passenger 
     operations;
       (4) capital funding requirements and expenditures necessary 
     to maintain passenger service which will accommodate 
     predicted ridership levels and predicted sources of capital 
     funding;
       (5) operational funding needs, if any, to maintain current 
     and projected levels of passenger service, including state-
     supported routes and predicted funding sources;
       (6) projected capital and operating requirements, 
     ridership, and revenue for any new passenger service 
     operations or service expansions;
       (7) an assessment of the continuing financial stability of 
     Amtrak, as indicated by factors such as the ability of the 
     Federal government to fund capital and operating requirements 
     adequately, Amtrak's ability to efficiently manage its 
     workforce, and Amtrak's ability to effectively provide 
     passenger train service;
       (8) estimates of long-term and short-term debt and 
     associated principle and interest payments (both current and 
     anticipated);
       (9) annual cash flow forecasts;
       (10) a statement describing methods of estimation and 
     significant assumptions;
       (11) specific measures that demonstrate measurable 
     improvement year over year in Amtrak's ability to operate 
     with reduced Federal operating assistance; and
       (12) capital and operating expenditures for anticipated 
     security needs.
       (c) Standards To Promote Financial Stability.--In meeting 
     the requirements of subsection (b), Amtrak shall--
       (1) apply sound budgetary practices, including reducing 
     costs and other expenditures, improving productivity, 
     increasing revenues, or combinations of such practices;
       (2) use the categories specified in the financial 
     accounting and reporting system developed under section 203 
     when preparing its 5-year financial plan; and
       (3) ensure that the plan is consistent with the 
     authorizations of appropriations under title I of this 
     division.
       (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.

[[Page S11677]]

       (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 of Representatives 
     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. 205. ESTABLISHMENT OF GRANT PROCESS.

       (a) Grant Requests.--Amtrak shall submit grant requests 
     (including a schedule for the disbursement of funds), 
     consistent with the requirements of this division, to the 
     Secretary of Transportation for funds authorized to be 
     appropriated to the Secretary for the use of Amtrak under 
     sections 101(a) and (b), 103, and 105.
       (b) Procedures for Grant Requests.--The Secretary shall 
     establish substantive and procedural requirements, including 
     schedules, for grant requests under this section not later 
     than 30 days after the date of enactment of this Act and 
     shall transmit copies to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.
       (c) Review and Approval.
       (1) 30-day approval process.--The Secretary shall complete 
     the review of a complete grant request (including the 
     disbursement schedule) and approve or disapprove the request 
     within 30 days after the date on which Amtrak submits the 
     grant request. If the Secretary disapproves the request or 
     determines that the request is incomplete or deficient, the 
     Secretary shall include the reason for disapproval or the 
     incomplete items or deficiencies in the notice to Amtrak.
       (2) 15-day modification period.--Within 15 days after 
     receiving notification from the Secretary under the preceding 
     sentence, Amtrak shall submit a modified request for the 
     Secretary's review.
       (3) Revised requests.--Within 15 days after receiving a 
     modified request from Amtrak, the Secretary shall either 
     approve the modified request, or, if the Secretary finds that 
     the request is still incomplete or deficient, the Secretary 
     shall identify in writing to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure the remaining deficiencies and recommend a 
     process for resolving the outstanding portions of the 
     request.

     SEC. 206. STATE-SUPPORTED ROUTES.

       (a) In General.--Within 2 years after the date of enactment 
     of this Act, the Board of Directors of Amtrak, in 
     consultation with the Secretary of Transportation and the 
     governors of each State and the Mayor of the District of 
     Columbia or groups representing those officials, shall 
     develop and implement a standardized methodology for 
     establishing and allocating the operating and capital costs 
     among the States and Amtrak associated with trains operated 
     on routes described in section 24102(5)(B) or (D) or section 
     24702 that--
       (1) ensures, within 5 years after the date of enactment of 
     this Act, equal treatment in the provision of like services 
     of all States and groups of States (including the District 
     of Columbia); and
       (2) allocates to each route the costs incurred only for the 
     benefit of that route and a proportionate share, based upon 
     factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 route.
       (b) Review.--If Amtrak and the States (including the 
     District of Columbia) in which Amtrak operates such routes do 
     not voluntarily adopt and implement the methodology developed 
     under subsection (a) in allocating costs and determining 
     compensation for the provision of service in accordance with 
     the date established therein, the Surface Transportation 
     Board shall determine the appropriate methodology required 
     under subsection (a) for such services in accordance with the 
     procedures and procedural schedule applicable to a proceeding 
     under section 24904(c) of title 49, United States Code, and 
     require the full implementation of this methodology with 
     regards to the provision of such service within 1 year after 
     the Board's determination of the appropriate methodology.
       (c) Use of Chapter 244 Funds.--Funds provided to a State 
     under chapter 244 of title 49, United States Code, may be 
     used, as provided in that chapter, to pay capital costs 
     determined in accordance with this section.

     SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH METHODOLOGIES FOR 
                   AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.

       (a) Methodology Development.--The Federal Railroad 
     Administration shall obtain the services of an independent 
     auditor or consultant to develop and recommend objective 
     methodologies for determining intercity passenger routes and 
     services, including the establishment of new routes, the 
     elimination of existing routes, and the contraction or 
     expansion of services or frequencies over such routes. In 
     developing such methodologies, the auditor or consultant 
     shall consider--
       (1) the current or expected performance and service quality 
     of intercity train operations, including cost recovery, on-
     time performance and minutes of delay, ridership, on-board 
     services, stations, facilities, equipment, and other 
     services;
       (2) connectivity of a route with other routes;
       (3) the transportation needs of communities and populations 
     that are not well served by other forms of public 
     transportation;
       (4) Amtrak's and other major intercity passenger rail 
     service providers in other countries' methodologies for 
     determining intercity passenger rail routes and services; and
       (5) the views of the States and other interested parties.
       (b) Submittal to Congress.--The auditor or consultant shall 
     submit recommendations developed under subsection (a) to 
     Amtrak, the House of Representatives Committee on 
     Transportation and Infrastructure, and the Senate Committee 
     on Commerce, Science, and Transportation.
       (c) Consideration of Recommendations.--Within 90 days after 
     receiving the recommendations developed under subsection (a) 
     by the independent auditor or consultant, the Amtrak Board 
     shall consider the adoption of those recommendations. The 
     Board shall transmit a report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure explaining its action in adopting or failing 
     to adopt any of the recommendations.
       (d) Authorization of Appropriations.--There are authorized 
     to be made available to the Secretary of Transportation, out 
     of any amounts authorized by this division to be appropriated 
     for the benefit of Amtrak and not otherwise obligated or 
     expended, such sums as may be necessary to carry out this 
     section.
       (e) Pioneer Route.--Within 2 years after the date of 
     enactment of this Act, Amtrak shall conduct a 1-time 
     evaluation of the Pioneer Route formerly operated by Amtrak 
     to determine, using methodologies adopted under subsection 
     (c), whether a level of passenger demand exists that would 
     warrant consideration of reinstating the entire Pioneer Route 
     service or segments of that service.

     SEC. 208. METRICS AND STANDARDS.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Railroad Administration and Amtrak shall jointly, in 
     consultation with the Surface Transportation Board, rail 
     carriers over whose rail lines Amtrak trains operate, States, 
     and Amtrak employees, as appropriate, develop new or improve 
     existing metrics and minimum standards for measring the 
     performance and service quality of intercity train 
     operations, including cost recovery, on-time performance and 
     minutes of delay, ridership, on-board services, stations, 
     facilities, equipment, and other services. Such metrics, at a 
     minimum, shall include the percentage of avoidable and fully 
     allocated operating costs covered by passenger revenues on 
     each route, ridership per train mile operated, measures of 
     on-time performance and delays incurred by intercity trains 
     on the rail lines of each rail carrier and, for long distance 
     routes, measures of connectivity with other routes in all 
     regions currently receiving Amtrak service and the 
     transportation needs of communities and populations that 
     are not well-served by other forms of public 
     transportation. Amtrak shall provide reasonable access to 
     the Federal Railroad Administration in order to enable the 
     Administration to carry out its duty under this section.
       (b) Quarterly Reports.--The Administrator of the Federal 
     Railroad Administration shall collect the necessary data and 
     publish a quarterly report on the performance and service 
     quality of intercity train operations, including cost 
     recovery, ridership, on-time performance and minutes of 
     delay, causes of delay, on-board services, stations, 
     facilities, equipment, and other services.
       (c) Contract with Host Rail Carriers.--To the extent 
     practicable, Amtrak and its host rail carriers shall 
     incorporate the metrics and standards developed under 
     subsection (a) into their access and service agreements.

     SEC. 209. PASSENGER TRAIN PERFORMANCE.

       (a) In General.--Section 24308 is amended by adding at the 
     end the following:
       ``(f) Passenger Train Performance and Other standards.--
       ``(1) Investigation of substandard performance.--If the on-
     time performance of any intercity passenger train averages 
     less than 80 percent for any 2 consecutive calendar quarters, 
     or the service quality of intercity train operations for 
     which minimum standards are established under section 208 of 
     the Passenger Rail Investment and Improvement Act of 2005 
     fails to meet those standards for 2 consecutive calendar 
     quarters, the Surface Transportation Board shall investigate 
     whether, and to what extent, delays or failure to achieve 
     minimum standards are due to causes that could reasonably be, 
     addressed by a rail carrier over the tracks of which the 
     intercity passenger train operates or reasonably addressed by 
     the intercity passenger rail operator. In carrying out such 
     an investigation, the Board shall obtain information from all 
     parties involved and make recommendations regarding 
     reasonable measures to improve the service, quality,' and on-
     time performance of the train.

[[Page S11678]]

       ``(2) Problems caused by host rail carrier.--If the Board 
     determines that delays or failures to achieve minimum 
     standards investigated under paragraph (1) are attributable 
     to a rail carrier's failure to provide preference to Amtrak 
     over freight transportation under subsection (c), then the 
     Board shall enforce its recommendations for relief under this 
     section.
       ``(3) Penalties.--
       ``(A) In general.--The Board shall publish a schedule of 
     penalties which will--
       ``(A) fairly reflect the extent to which Amtrak suffers 
     financial loss as a result of host rail carrier delays or 
     failure to achieve minimum standards; and
       ``(B) will adequately deter future actions which may 
     reasonably be expected to be likely to result in delays to 
     Amtrak.
       ``(B) Assessment.--The Board may assess these penalties 
     upon a host rail carrier.
       ``(C) Use.--The Board shall make any amounts received as 
     penalties under this paragraph available to Amtrak or a State 
     contracting with Amtrak, as applicable, for capital or 
     operating expenditures on such routes.''.
       (b) Change of Reference.--Section 24308 is amended--
       (1) by striking ``Interstate Commerce Commission'' in 
     subsection (a)(2)(A) and inserting ``Surface Transportation 
     Board'';
       (2) by striking ``Commission'' each place it appears and 
     inserting ``Board'';
       (3) by striking ``Secretary'' the last 3 places it appears 
     in subsection (c) and each place it appears in subsections 
     (d) and (e) and inserting ``Board''.

     SEC. 210. LONG DISTANCE ROUTES.

       (a) In General.--Chapter 247 is amended by adding at the 
     end thereof the following:

     Sec. 24710. Long distance routes

       ``(a) Annual Evaluation.--Using the financial and 
     performance metrics developed under section 208 of the 
     Passenger Rail Investment and Improvement Act of 2005, Amtrak 
     shall--
       ``(1) evaluate annually the performance of each long 
     distance passenger rail route operated by Amtrak; and
       ``(2) rank the overall performance of such routes for 2006 
     and identify each long distance passenger rail route operated 
     by Amtrak in 2006 according to its overall performance as 
     belonging to the best performing third of such routes, the 
     second best performing third of such routes, or the worst 
     performing third of such routes.
       ``(b) Performance Improvement Plan.--Amtrak shall develop a 
     performance improvement plan for its long distance passenger 
     rail routes based on the data collected through the 
     application of the financial and performance 29 metrics 
     developed under section 208 of that Act. The plan shall 
     address--
       ``(1) on-time performance;
       ``(2) scheduling, frequency, routes, and stops;
       ``(3) the feasibility of restructuring service into 
     connected corridor service;
       ``(4) performance-related equipment changes and capital 
     improvements;
       ``(5) on-board amenities and service, including food, first 
     class, and sleeping car service;
       ``(6) State or other non-Federal financial contributions; 
     and
       ``(7) other aspects of Amtrak's long distance passenger 
     rail routes that affect the financial, competitive, and 
     functional performance of service on Amtrak's long distance 
     passenger rail routes.
       ``(c) Implementation.--Amtrak shall implement the 
     performance improvement plan developed under subsection (b)--
       ``(1) beginning in fiscal year 2007 for those routes 
     identified as being in the worst performing third under 
     subsection (a)(3);
       ``(2) beginning in fiscal year 2008 for those routes 
     identified as being in the second best performing third under 
     subsection (a)(3); and
       ``(3) beginning in fiscal year 2009 for those routes 
     identified as being in the best performing third under 
     subsection (a) (3).
       ``(d) Enforcement.--The Federal Railroad Administration 
     shall monitor the development, implementation, and outcome of 
     improvement plans under this section. If, for any year, it 
     determines that Amtrak is not making reasonable progress in 
     implementing its performance improvement plan or in achieving 
     the expected outcome of the plan for any calendar year, the 
     Federal Railroad Administration--
       ``(1) shall notify Amtrak of its determination under this 
     subsection;
       ``(2) shall provide an opportunity for a hearing with 
     respect to that determination; and
       ``(3) may withhold any appropriated funds otherwise 
     available to Amtrak for the operation of a route or routes on 
     which it is not making progress, other than funds made 
     available for passenger safety or security measures.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     247 is amended by inserting after the item relating to 
     section 24709 the following:

``24710. Long distance routes''.

     SEC. 211. ALTERNATE PASSENGER RAIL SERVICE PROGRAM.

       (a) In General.--Chapter 247, as amended by section 209, is 
     amended by adding at the end thereof the following:

     Sec. 24711. Alternate passenger rail service program

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Passenger Rail Investment and Improvement 
     Act of 2005, the Federal Railroad Administration shall 
     initiate a rulemaking proceeding to develop a program under 
     which--
       ``(1) a rail carrier or rail carriers that own 
     infrastructure over which Amtrak operates a passenger rail 
     service route described in subparagraph (B), (C), or (D) of 
     section 24102(5) or in section 24702 of title 49, United 
     States Code may petition the Federal Railroad Administration 
     to be considered as a passenger rail service provider over 
     that route in lieu of Amtrak;
       ``(2) the Administration would notify Amtrak within 30 days 
     after receiving a petition under paragraph (1) and establish 
     a deadline by which both the petitioner and Amtrak would be 
     required to submit a bid to provide passenger rail service 
     over the route to which the petition relates;
       ``( 3) each bid would describe how the bidder would operate 
     the route, what Amtrak passenger equipment would be needed, 
     if any, what sources of non-Federal funding the bidder would 
     use, including any State subsidy, among other things;
       ``(4) the Administration would make a decision and execute 
     a contract within a specified, limited time after that 
     deadline awarding to the winning bidder--
       ``(A) the right and obligation to provide passenger rail 
     service over that route subject to such performance standards 
     as the Administration may require, consistent with the 
     standards developed under section 208 of this Act; and
       ``(B) an operating subsidy--
       ``(i) for the first year at a level not in excess of the 
     level in effect during the fiscal year preceding the fiscal 
     year in which the petition was received, adjusted for 
     inflation;
       ``(ii) for any subsequent years at such level, adjusted for 
     inflation; and
       ``(5) each bid would contain a staffing plan describing the 
     number of employees needed to operate the service, the job 
     assignments and requirements, and the terms of work for 
     prospective and current employees of the bidder for the 
     service outlined in the bid, and such staffing plan would 
     be made available by the winning bidder to the public 
     after the bid award.
       ``(b) Implementation.--
       ``(1) Initial petitions.--Pursuant to any rules or 
     regulations promulgated under subsection (A), the 
     Administration shall establish a deadline for the submission 
     of a petition under subsection (a)--
       ``(A) during fiscal year 2007 for operations commencing in 
     fiscal year 2008; and
       ``(B) during the immediately preceding fiscal year for 
     operations commencing in subsequent fiscal years.
       ``(2) Route limitations.--The Administration may not make 
     the program available with respect to more than 1 Amtrak 
     passenger rail route for operations beginning in fiscal year 
     2008 nor to more than 2 such routes for operations beginning 
     in fiscal year 2010 and subsequent fiscal years.
       ``(c) Performance Standards; Access to Facilities; 
     Employees.--If the Administration awards the right and 
     obligation to provide passenger rail service over a route 
     under the program to a rail carrier or rail carriers---
       ``(1) it shall execute a contract with the rail carrier or 
     rail carriers for rail passenger operations on that route 
     that conditions the operating and subsidy rights upon--
       ``(A) the service provider continuing to provide passenger 
     rail service on the route that is no less frequent, nor over 
     a shorter distance, than Amtrak provided on that route before 
     the award; and
       ``(B) the service provider's compliance with the minimum 
     standards established under section 208 of the Passenger Rail 
     Investment and Improvement Act of 2005 and such additional 
     performance standards as the Administration may establish;
       ``(2) it shall, if the award is made to a rail carrier 
     other than Amtrak, require Amtrak to provide access to its 
     reservation system, stations, and facilities to any rail 
     carrier or rail carriers awarded a contract under this 
     section, in accordance with section 218 of that Act, 
     necessary to carry out the purposes of this section;
       ``(3) the employees of any person used by a rail carrier or 
     rail carriers (as defined in section 10102(5) of this title) 
     in the operation of a route under this section shall be 
     considered an employee of that carrier or carriers and 
     subject to the applicable Federal laws and regulations 
     governing similar crafts or classes of employees of Amtrak, 
     including provisions under section 121 of the Amtrak Reform 
     and Accountability Act of 1997 relating to employees that 
     provide food and beverage service; and
       ``( 4) the winning bidder shall provide preference in 
     hiring to qualified Amtrak employees displaced by the award 
     of the bid, consistent with the staffing plan submitted by 
     the bidder.
       ``(d) Cessation of Service.--If a rail carrIer or rail 
     carriers awarded a route under this section'.cease to operate 
     the service or fail to fulfill their obligations under the 
     contract required under subsection (c), the Administrator, in 
     collaboration with the Surface Transportation Board shall 
     take any necessary action consistent with this title to 
     enforce the contract and ensure the continued provision of 
     service, including the installment of an interim service 
     provider and re-bidding the contract to operate the service. 
     The entity providing service shall either be Amtrak or a rail 
     carrier defined in section 24711(a)(1).
       ``(e) Adequate Resources.--Before taking any action allowed 
     under this section, the

[[Page S11679]]

     Secretary shall certify that the Administrator has sufficient 
     resources that are adequate to undertake the program 
     established under this section.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     247, as amended by section 209, is amended by inserting after 
     the item relating to section 24710 the following:

``24711. Alternate passenger rail service program''.

     SEC. 212. EMPLOYEE TRANSITION ASSISTANCE.

       (a) Provision of Financial Incentives.--For Amtrak 
     employees who are adversely affected by the cessation of the 
     operation of a long distance route or any other route under 
     section 24711 of title 49, United States Code, previously 
     operated by Amtrak, the Secretary shall develop a program 
     under which the Secretary may, in the Secretary's discretion, 
     provide grants for financial incentives to be provided to 
     employees of the National Railroad Passenger Corporation who 
     voluntarily terminate their employment with the Corporation 
     and relinquish any legal rights to receive termination-
     related payments under any contractual agreement with the 
     Corporation.
       (b) Conditions for Financial Incentives.--As a condition 
     for receiving financial assistance grants under this section, 
     the Corporation must certify that--
       (1) a reasonable attempt was made to reassign an employee 
     adversely affected under section 24711 of title 49, United 
     States Code, or by the elimination of any route, to other 
     positions within the Corporation in accordance with any 
     contractual agreements;
       (2) the financial assistance results in a net reduction in 
     the total number of employees equal to the number receiving 
     financial incentives;
       (3) the financial assistance results in a net reduction in 
     total employment expense equivalent to the total employment 
     expenses associated with the employees receiving financial 
     incentives; and
       (4) the total number of employees eligible for termination-
     related payments will not be increased without the express 
     written consent of the Secretary.
       (c) Amount of Financial Incentives.--The financial 
     incentives authorized under this section may be no greater 
     than $50,000 per employee.
       (d) Authorization of Appropriations.--There are hereby 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to make grants to the National Railroad 
     Passenger Corporation to provide financial incentives under 
     subsection (a).
       (e) Termination-Related Payments.--If Amtrak employees 
     adversely affected by the cessation of Amtrak service 
     resulting from the awarding of a grant to an operator other 
     than Amtrak for the operation of a route under section 24711 
     of title 49, United States Code, or any other route, 
     previously operated by Amtrak do not receive financial 
     incentives under subsection (a), then the Secretary shall 
     make grants to the National Railroad Passenger Cor- poration 
     from funds authorized by section 102 of this Act for 
     termination-related payments to employees under existing 
     contractual agreements.

     SEC. 213. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.

       (a) In General.--Within 6 months after the date of 
     enactment of this Act, the National Railroad Passenger 
     Corporation, in consultation with the Secretary and the 
     States (including the District of Columbia) that make up the 
     Northeast Corridor (as defined in section 24102 of title 49, 
     United States Code), shall prepare a capital spending plan 
     for capital projects required to return the Northeast 
     Corridor to a state of good repair by the end of fiscal year 
     2011, consistent with the funding levels au- thorized in this 
     division and shall submit the plan to the Secretary.
       (b) Approval by the Secretary.--
       (1) The Corporation shall submit the capital spending plan 
     prepared under this section to the Secretary of 
     Transportation for review and approval pursuant to the 
     procedures developed under section 205 of this Act.
       (2) The Secretary of Transportation shall require that the 
     plan be updated at least annually and shall review and 
     approve such updates. During review, the Secretary shall seek 
     comments and review from the commission established under 
     section 24905 of title 49, United States Code, and other 
     Northeast Corridor users regarding the plan.
       (3) The Secretary shall make grants to the Corporation with 
     funds authorized by section 101(b) for Northeast Corridor 
     capital investments contained within the capital spending 
     plan prepared by the Corporation and approved by the 
     Secretary.
       (4) Using the funds authorized by section 101(d), the 
     Secretary shall review Amtrak's capital expenditures funded 
     by this section to ensure that such expenditures are 
     consistent with the capital spending plan and that Amtrak is 
     providing adequate project management oversight and fiscal 
     controls.
       (c) Eligibility of Expenditures.--The Federal share of 
     expenditures for capital improvements under this section may 
     not exceed 100 percent.

     SEC. 214. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
                   IMPROVEMENTS.

       (a) In General.--Section 24905 is amended to read as 
     follows:

     ``Sec. 24905. Northeast Corridor Infrastructure and 
       Operations Advisory Commission; Safety and Security 
       Committee.

       ``(a) Northeast Corridor Infrastructure and Operations 
     Advisory Commission.--
       ``(1) Within 180 days after the date of enactment of the 
     Passenger Rail Investment and Improvement Act of 2005, the 
     Secretary of Transportation shall establish a Northeast 
     Corridor Infrastructure and Operations Advisory Commission 
     (hereinafter referred to in this section as the `Commission') 
     to promote mutual cooperation and planning pertaining to the 
     rail operations and related activities of the Northeast 
     Corridor. The Commission shall be made up of--
       ``(A) members representing the National Railroad Passenger 
     Corporation;
       ``(B) members representing the Secretary of Transportation 
     and the Federal Railroad Administration;
       ``(C) 1 member from each of the States (including the 
     District of Columbia) that constitute the Northeast Corridor 
     as defined in section 24102, designated by, and serving at 
     the pleasure of, the chief executive officer thereof; and
       ``(D) non-voting representatives of freight railroad 
     carriers using the Northeast Corridor selected by the 
     Secretary.
       ``(2) The Secretary shall ensure that the membership 
     belonging to any of the groups enumerated under subparagraph 
     (1) shall not constitute a majority of the commission's 
     memberships.
       ``(3) The commission shall establish a schedule and 
     location for convening meetings, but shall meet no less than 
     four times per fiscal year, and the commission shall develop 
     rules and procedures to govern the commission's proceedings.
       ``(4) A vacancy in the Commission shall be filled in the 
     manner in which the original appointment was made.
       ``(5) Members shall serve without pay but shall receive 
     travel expenses, including per diem in lieu of subsistence, 
     in accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       ``(6) The Chairman of the Commission shall be elected by 
     the members.
       ``(7) The Commission may appoint and fix the pay of such 
     personnel as it considers appropriate.
       ``(8) Upon request of the Commission, the head of any 
     department or agency of the United States may detail, on a 
     reimbursable basis, any of the personnel of that department 
     or agency to the Commission to assist it in carrying out its 
     duties under this section.
       ``(9) Upon the request of the Commission, the Administrator 
     of General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this section.
       ``(10) The commission shall consult with other entities as 
     appropriate.
       ``(b) General Recommendations.--The Commission shall 
     develop recommendations concerning northeast corridor rail 
     infrastructure and operations including proposals addressing, 
     as appropriate--
       ``(1) short-term and long term capital investment needs 
     beyond the state-of-good-repair under section 213;
       ``(2) future funding requirements for capital improvements 
     and maintenance;
       ``(3) operational improvements of intercity passenger rail, 
     commuter rail, and freight rail services;
       ``(4) opportunities for additional non-rail uses of the 
     Northeast Corridor;
       ``(5) scheduling and dispatching;
       ``(6) safety and security enhancements;
       ``(7) equipment design;
       ``(8) marketing of rail services; and
       ``(9) future capacity requirements.
       ``(c) Access Costs.--
       ``(1) Development of formula.--Within 1 year after 
     verification of Amtrak's new financial accounting system 
     pursuant to section 203(b) of the Passenger Rail Investment 
     and Improvement Act of 2005, the Commission shall--
       ``(A) develop a standardized formula for determining and 
     allocating costs, revenues, and compensation for northeast 
     corridor commuter rail passenger transportation, as defined 
     in section 24102 of this title, that use National Railroad 
     Passenger Corporation facilities or services or that provide 
     such facilities or services to the National Railroad 
     Passenger Corporation that ensure that--
       ``(i) there is no cross-subsidization of commuter rail 
     passenger, intercity rail passenger, or freight rail 
     transportation; and
       ``(ii) each service is assigned the costs incurred only for 
     the benefit of that service, and a proportionate share, based 
     upon factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 service;
       ``(B) develop a proposed timetable for implementing the 
     formula before the end of the 6th year following the date of 
     enactment of that Act;
       ``(C) transmit the proposed timetable to the Surface 
     Transportation Board; and
       ``(D) at the party's request, petition the Surface 
     Transportation Board to appoint a mediator to assist the 
     parties through non-binding mediation to reach an agreement 
     under this section.
       ``(2) Implementation.--The National Railroad Passenger 
     Corporation and the commuter authorities providing commuter 
     rail passenger transportation on the northeast corridor shall 
     implement new agreements for usage of facilities or services 
     based on the formula proposed in paragraph (1) in accordance 
     with the timetable established therein. If the parties fail 
     to implement such new agreements in accordance with the 
     timetable, the parties shall petition the Surface 
     Transportation Board to determine the appropriate 
     compensation amounts for such

[[Page S11680]]

     services in accordance with section 24904(c) of this title.
       ``(d) Transmission of Recommendations.--The commission 
     shall annually transmit the recommendations developed under 
     subsection (b) and the formula and timetable developed under 
     subsection (c)(1) to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.
       ``(e) Northeast Corridor Safety and Security Committee.--
       ``(1) In general.--The Secretary shall establish a 
     Northeast Corridor Safety and Security Committee composed of 
     members appointed by the Secretary. The members shall be 
     representatives of--
       ``(A) the Secretary;
       ``(B) Amtrak;
       ``( C) freight carriers operating more than 150,000 train 
     miles a year on the main line of the Northeast Corridor;
       ``(D) commuter agencies;
       ``(E) rail passengers;
       ``(F) rail labor;
       ``(G) the Transportation Security Administration; and
       ``(H) other individuals and organizations the Secretary 
     decides have a significant interest in rail safety.
       ``(2) Function; meetings.--The Secretary shall consult with 
     the Committee about safety and security improvements on the 
     Northeast Corridor main line. The Committee shall meet at 
     least once every 2 years to consider safety matters on the 
     main line.
       ``(3) Report.--At the beginning of the first session of 
     each Congress, the Secretary shall submit a report to the 
     Commission and to Congress on the status of efforts to 
     improve safety and security on the Northeast Corridor main 
     line. The report shall include the safety recommendations of 
     the Committee and the comments of the Secretary on those 
     recommendations.''
       (3) Conforming amendments.--Section 24904(c)(2) is amended 
     by--
       (A) inserting ``commuter rail passenger'' after 
     ``between''; and
       (B) striking ``freight'' in the second sentence.

     SEC. 215. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.

       (a) In General.--The Secretary of the Treasury, in 
     consultation with the Secretary of Transportation and Amtrak, 
     may make agreements to restructure Amtrak's indebtedness as 
     of the date of enactment of this Act. This authorization 
     expires on January 1, 2007.
       (b) Debt Restructuring.--The Secretary of Treasury, in 
     consultation with the Secretary of the Transportation and 
     Amtrak, shall enter into negotiations with the holders of 
     Amtrak debt, including leases, outstanding on the date of 
     enactment of this Act for the purpose of restructuring 
     (including repayment) and repaying that debt. The Secretary 
     of the Treasury may secure agreements for restructuring or 
     repayment on such terms as the Secretary of the Treasury 
     deems favorable to the interests of the Government.
       (c) Criteria.--In restructuring Amtrak's indebtedness, the 
     Secretary and Amtrak--
       (1) shall take into consideration repayment costs, the term 
     of any loan or loans, and market conditions; and
       (2) shall ensure that the restructuring results in 
     significant savings to Amtrak and the United States 
     Government.
       (d) Payment of Renegotiated Debt.--If the criteria under 
     subsection (c) are met, the Secretary of Treasury shall 
     assume or repay the restructured debt, as appropriate.
       (e) Amtrak Principal and Interest Payments.--
       (1) Principal on debt service.--Unless the Secretary of 
     Treasury makes sufficient payments to creditors under 
     subsection (d) so that Amtrak is required to make no payments 
     to creditors in a fiscal year, the Secretary of 
     Transportation shall use funds authorized by section 
     103(a)(1) for the use of Amtrak for retirement of principal 
     on loans for capital equipment, or capital leases.
       (2) Interest on debt.--Unless the Secretary of Treasury 
     makes sufficient payments to creditors under subsection (d) 
     so that Amtrak is required to make no payments to creditors 
     in a fiscal year, the Secretary of Transportation shall use 
     funds authorized by section 103(a)(2) for the use of Amtrak 
     for the payment of interest on loans for capital equipment, 
     or capital leases.
       (3) Reductions in authorization levels.--Whenever action 
     taken by the Secretary of the Treasury under subsection (a) 
     results in reductions in amounts of principal or interest 
     that Amtrak must service on existing debt, the corresponding 
     amounts authorized by section 103(a)(1) or (2) shall be 
     reduced accordingly.
       (f) Legal Effect of Payments Under This Section.--The 
     payment of principal and interest on secured debt, other than 
     debt assumed under subsection (d), with the proceeds of 
     grants under subsection (e) shall not--
       (1) modify the extent or nature of any indebtedness of the 
     National Railroad Passenger Corporation to the United States 
     in existence of the date of enactment of this Act;
       (2) change the private nature of Amtrak's or its 
     successors' liabilities; or
       (3) imply any Federal guarantee or commitment to amortize 
     Amtrak's outstanding indebtedness.
       (g) Secretary Approval.--Amtrak may not incur more debt 
     after the date of enactment of this Act without the express 
     advance approval of the Secretary of Transportation.
       (h) Report.--The Secretary of the Treasury shall transmit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, the Senate Committee on Appropriations, the 
     House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Appropriations by June 1, 2007--
       (1) describing in detail any agreements to restructure the 
     Amtrak debt; and
       (2) providing an estimate of the savings to Amtrak and the 
     United States Government.

     SEC. 216. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING 
                   INTERCITY RAIL STATIONS.

       Amtrak, in consultation with station owners, shall evaluate 
     the improvements necessary to make all existing stations it 
     serves readily accessible to and usable by individuals with 
     disabilities, as required by section 242(e)(2) of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 
     12162(e)(2)). The evaluation shall include the estimated cost 
     of the improvements necessary, the identification of the 
     responsible person (as defined in section 241(5) of that Act 
     (42 U.S.C. 12161(5))), and the earliest practicable date when 
     such improvements can be made. Amtrak shall submit the 
     evaluation to the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the National Council 
     on Disability by September 30, 2007, along with 
     recommendations for funding the necessary improvements.

     SEC. 217. INCENTIVE PAY.

       The Amtrak Board of Directors is encouraged to develop an 
     incentive pay program for Amtrak management employees.

     SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.

       If a State desires to select or selects an entity other 
     than Amtrak to provide services required for the operation of 
     an intercity passenger train route described in section 
     24102(5)(D) or 24702 of title 49, United States Code, the 
     State may make an agreement with Amtrak to use facilities and 
     equipment of, or have services provided by, Amtrak under 
     terms agreed to by the State and Amtrak to enable the State 
     to utilize an entity other than Amtrak to provide services 
     required for operation of the route. If the parties cannot 
     agree upon terms, and the Surface Transportation Board finds 
     that access to Amtrak's facilities or equipment, or the 
     provision of services by Amtrak, is necessary to carry out 
     this provision and that the operation of Amtrak's other 
     services will not be impaired thereby, the Surface 
     Transportation Board shall, within 120 days after submission 
     of the dispute, issue an order that the facilities and 
     equipment be made available, and that services be provided, 
     by Amtrak, and shall determine reasonable compensation, 
     liability and other terms for use of the facilities and 
     equipment and provision of the services. Compensation shall 
     be determined in accord with the methodology established 
     pursuant to section 206 of this Act.

     SEC. 219. GENERAL AMTRAK PROVISIONS.

       (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 2006 through 2011.

     SEC. 220. PRIVATE SECTOR FUNDING OF PASSENGER TRAINS.

       Amtrak is encouraged to increase its operation of trains 
     funded by the private sector in order to minimize its need 
     for Federal subsidies. Amtrak shall utilize the provisions of 
     section 24308 of title 49, United States Code, when necessary 
     to obtain access to facilities, train and engine crews, or 
     services of a rail carrier or regional transportation 
     authority that are required to operate such trains.

     SEC. 221. ON-BOARD SERVICE IMPROVEMENTS.

       (a) In General.--Within 1 year after metrics and standards 
     are established under section 208 of this Act, Amtrak shall 
     develop and implement a plan to improve on-board service 
     pursuant to the metrics and standards for such service 
     developed under that section.
       (b) Report.--Amtrak shall provide a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on the on-board service improvements 
     proscribed in the plan and the timeline for implementing such 
     improvements.

     SEC. 222. AMTRAK MANAGEMENT ACCOUNTABILITY.

       (a) In General.--Chapter 243 is amended by inserting after 
     section 24309 the following:

[[Page S11681]]

     Sec. ``24310. Management accountability

       ``(a) In General.--Three years after the date of enactment 
     of the Passenger Rail Investment and Improvement Act of 2005, 
     and two years thereafter, the Inspector General of the 
     Department of Transportation shall complete an overall 
     assessment of the progress made by Amtrak management and the 
     Department of Transportation in implementing the provisions 
     of that Act.
       ``(b) Assessment.--The management assessment undertaken by 
     the Inspector General may include a review of--
       ``(1) effectiveness improving annual financial planning;
       ``(2) effectiveness in implementing improved financial 
     accounting;
       ``(3) efforts to implement minimum train performance 
     standards;
       ``( 4) progress maximizing revenues and minimizing Federal 
     subsidies; and
       ``( 5) any other aspect of Amtrak operations the Inspector 
     General finds appropriate to review.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 is amended by inserting after the item relating to 
     section 24309 the following:

``24310. Management accountability''.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

     SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL 
                   SERVICE; STATE RAIL PLANS.

       (a) In General.--Part C of subtitle V is amended by 
     inserting the following after chapter 243:


   ``CHAPTER 244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL 
                               ASSISTANCE

``Sec.
``24401.  Definitions.
``24402.  Capital investment grants to support intercity passenger rail 
              service.
``24403.  Project management oversight.
``24404.  Use of capital grants to finance first-dollar liability of 
              grant project.
``24405.  Grant conditions.

     Sec. ``24401. Definitions

       ``In this subchapter:
       ``(1) Applicant.--The term `applicant' means a State 
     (including the District of Columbia), a group of States, an 
     Interstate Compact, or a public agency established by one or 
     more States and having responsibility for providing intercity 
     passenger rail service.
       ``(2) Capital project.--The term `capital project' means a 
     project or program in a State rail plan developed under 
     chapter 225 of this title for--
       ``(A) acquiring, constructing, improving, or inspecting 
     equipment, track and track structures, or a facility for use 
     in or for the primary benefit of intercity passenger rail 
     service, expenses incidental to the acquisition or 
     construction (including designing, engineering, location 
     surveying, mapping, environmental studies, and acquiring 
     rights-of-way), payments for the capital portions of rail 
     trackage rights agreements, highway-rail grade crossing 
     improvements related to intercity passenger rail service, 
     security, mitigating environmental impacts, communication and 
     signalization improvements, relocation assistance, acquiring 
     replacement housing sites, and acquiring, constructing, 
     relocating, and rehabilitating replacement housing;
       ``(B) rehabilitating, remanufacturing or overhauling rail 
     rolling stock and facilities used primarily in intercity 
     passenger rail service;
       ``(C) costs associated with developing State rail plans; 
     and
       ``(D) the first-dollar liability costs for insurance 
     related to the provision of intercity passenger rail service 
     under section 24404.
       ``(3) Intercity passenger rail service.--The term 
     `intercity passenger rail service' means transportation 
     services with the primary purpose of passenger transportation 
     between towns, cities and metropolitan areas by rail, 
     including high-speed rail, as defined in section 24102 of 
     title 49, United States Code.

     ``Sec. 24402. Capital investment grants to support intercity 
       passenger rail service.

       ``(a) General Authority.--
       ''(1) The Secretary of Transportation may make grants under 
     this section to an applicant to assist in financing the 
     capital costs of facilities and equipment necessary to 
     provide or improve intercity passenger rail transportation.
       ``(2) The Secretary shall require that a grant under this 
     section be subject to the terms, conditions, requirements, 
     and provisions the Secretary decides are necessary or 
     appropriate for the purposes of this section, including 
     requirements for the disposition of net increases in value of 
     real property resulting from the project assisted under this 
     section and shall prescribe procedures and schedules for the 
     awarding of grants under this title, including application 
     and qualification procedures and a record of decision on 
     applicant eligibility. The Secretary shall issue a final rule 
     establishing such procedures not later than 90 days after the 
     date of enactment of the Passenger Rail Investment and 
     Improvement Act of 2005.
       ``(b) Project as Part of State Rail Plan.--
       ``(1) The Secretary may not approve a grant for a project 
     under this section unless the Secretary finds that the 
     project is part of a State rail plan developed under chapter 
     225 of this title and that the applicant or recipient has or 
     will have the legal, financial, and technical capacity to 
     carry out the project, satisfactory continuing control over 
     the use of the equipment or facilities, and the capability 
     and willingness to maintain the equipment or facilities.
       ``(2) An applicant shall provide sufficient information 
     upon which the Secretary can make the findings required by 
     this subsection.
       ``(3) If an applicant has not selected the pro- posed 
     operator of its service competitively, the applicant shall 
     provide written justification to the Secretary showing why 
     the proposed operator is the best, taking into account price 
     and other factors, and that use of the proposed operator will 
     not unnecessarily increase the cost of the project.
       ``(c) Project Selection Criteria.--The Secretary, in 
     selecting the recipients of financial assistance to be 
     provided under subsection (a), shall--
       ``(1) require that each proposed project meet all safety 
     and security requirements that are applicable to the project 
     under law;
       ``(2) give preference to projects with high levels of 
     estimated ridership, increased on-time performance, reduced 
     trip time, additional service frequency to meet anticipated 
     or existing demand, or other significant service enhancements 
     as measured against minimum standards developed under section 
     208 of the Passenger Rail Investment and Improvement Act of 
     2005;
       ``(3) encourage intermodal connectivity through projects 
     that provide direct connections between train stations, 
     airports, bus terminals, subway stations, ferry ports, and 
     other modes of transportation;
       ``(4) ensure that each project is compatible with, and is 
     operated in conformance with--
       ``(A) plans developed pursuant to the requirements of 
     section 135 of title 23, United States Code; and
       ``(B) the national rail plan (if it is available); and
       ``(5) favor the following kinds of projects:
       ``(A) Projects that are expected to have a significant 
     favorable impact on air or highway traffic congestion, 
     capacity, or safety.
       ``(B) Projects that also improve freight or commuter rail 
     operations.
       ``(C) Projects that have significant environmental 
     benefits.
       ``(D) Projects that are--
       ``(i) at a stage of preparation that all pre-commencement 
     compliance with environmental protection requirements has 
     already been completed; and
       ``(ii) ready to be commenced.
       ``(E) Projects with positive economic and employment 
     impacts.
       ``(F) Projects that encourage the use of positive train 
     control technologies.
       ``(G) Projects that have commitments of funding from non-
     Federal Government sources in a total amount that exceeds the 
     minimum amount of the non-Federal contribution required for 
     the project.
       ``(H) Projects that involve donated property interests or 
     services.
       ``(I) Projects that are identified by the Surface 
     Transportation Board as necessary to improve the on time 
     performance and reliability of intercity passenger rail under 
     section 24308(f).
       ``(d) Amtrak Eligibility.--To receive a grant under this 
     section, the National Railroad Passenger Corporation may 
     enter into a cooperative agreement with 1 or more States to 
     carry out 1 or more projects on a State rail plan's ranked 
     list of rail capital projects developed under section 
     22504(a)(5) of this title.
       ``(e) Letters of Intent, Full Funding Grant Agreements, and 
     Early Systems Work Agreements.--
       ``(1)(A) The Secretary may issue a letter of intent to an 
     applicant announcing an intention to obligate, for a major 
     capital project under this section, an amount from future 
     available budget authority specified in law that is not more 
     than the amount stipulated as the financial participation of 
     the Secretary in the project.
       ``(B) At least 30 days before issuing a letter under 
     subparagraph (A) of this paragraph or entering into a full 
     funding grant agreement, the Secretary shall notify in 
     writing the Committee on Transportation and Infrastructure of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate and the House and 
     Senate Committees on Appropriations of the proposed letter or 
     agreement. The Secretary shall include with the notification 
     a copy of the proposed letter or agreement as well as the 
     evaluations and ratings for the project.
       ``(C) An obligation or administrative commitment may be 
     made only when amounts are appropriated.
       ``(2)(A) The Secretary may make a full funding grant 
     agreement with an applicant. The agreement shall--
       ``(i) establish the terms of participation by the United 
     States Government in a project under this section;
       ``(ii) establish the maximum amount of Government financial 
     assistance for the project;
       ``(iii) cover the period of time for completing the 
     project, including a period extending beyond the period of an 
     authorization; and
       ``(iv) make timely and efficient management of the project 
     easier according to the law of the United States.
       ``(B) An agreement under this paragraph obligates an amount 
     of available budget authority specified in law and may 
     include a commitment, contingent on amounts to be

[[Page S11682]]

     specified in law in advance for commitments under this 
     paragraph, to obligate an additional amount from future 
     available budget authority specified in law. The agreement 
     shall state that the contingent commitment is not an 
     obligation of the Government and is subject to the 
     availability of appropriations made by Federal law and to 
     Federal laws in force on or enacted after the date of the 
     contingent commitment. Interest and other financing costs of 
     efficiently carrying out a part of the project within a 
     reasonable time are a cost of carrying out the project under 
     a full funding grant agreement, except that eligible costs 
     may not be more than the cost of the most favorable financing 
     terms reasonably available for the project at the time of 
     borrowing. The applicant shall certify, in a way satisfactory 
     to the Secretary, that the applicant has shown reasonable 
     diligence in seeking the most favorable financing terms.
       ``(3)(A) The Secretary may make an early systems work 
     agreement with an applicant if a record of decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) has been issued on the project and the Secretary finds 
     there is reason to believe--
       ``(i) a full funding grant agreement for the project will 
     be made; and
       ``(ii) the terms of the work agreement will promote 
     ultimate completion of the project more rapidly and at less 
     cost.
       ``(B) A work agreement under this paragraph obligates an 
     amount of available budget authority specified in law and 
     shall provide for reimbursement of preliminary costs of 
     carrying out the project, including land acquisition, timely 
     procurement of system elements for which specifications are 
     decided, and other activities the Secretary decides are 
     appropriate to make efficient, long-term project management 
     easier. A work agreement shall cover the period of time the 
     Secretary considers appropriate. The period may extend beyond 
     the period of current authorization. Interest and other 
     financing costs of efficiently carrying out the work 
     agreement within a reasonable time are a cost of carrying out 
     the agreement, except that eligible costs may not be more 
     than the cost of the most favorable financing terms 
     reasonably available for the project at the time of 
     borrowing. The applicant shall certify, in a way satisfactory 
     to the Secretary, that the applicant has shown reasonable 
     diligence in seeking the most favorable financing terms. If 
     an applicant does not carry out the project for reasons 
     within the control of the applicant, the applicant shall 
     repay all Government payments made under the work agreement 
     plus reasonable interest and penalty charges the Secretary 
     establishes in the agreement.
       ``(4) The total estimated amount of future obligations of 
     the Government and contingent commitments to incur 
     obligations covered by all outstanding letters of intent, 
     full funding grant agreements, and early systems work 
     agreements may be not more than the amount authorized under 
     section 101(c) of Passenger Rail Investment and Improvement 
     Act of 2005, less an amount the Secretary reasonably 
     estimates is necessary for grants under this section not 
     covered by a letter. The total amount covered by new letters 
     and contingent commitments included in full funding grant 
     agreements and early systems work agreements may be not more 
     than a limitation specified in law.
       ``(f) Federal Share of Net Project Cost.--
       ``(1)(A) Based on engineering studies, studies of economic 
     feasibility, and information on the expected use of equipment 
     or facilities, the Secretary shall estimate the net project 
     cost.
       ``(B) A grant for the project shall not exceed 80 percent 
     of the project net capital cost.
       ``(C) The Secretary shall give priority in allocating 
     future obligations and contingent commitments to incur 
     obligations to grant requests seeking a lower Federal share 
     of the project net capital cost.
       ``(2) Up to an additional 20 percent of the required non-
     Federal funds may be funded from amounts appropriated to or 
     made available to a department or agency of the Federal 
     Government that are eligible to be expended for 
     transportation.
       ``(3) 50 percent of the average amounts expended by a State 
     or group of States (including the District of Columbia) for 
     capital projects to benefit intercity passenger rail service 
     in fiscal years 2004 and 2005 shall be credited towards the 
     matching requirements for grants awarded under this section. 
     The Secretary may require such information as necessary to 
     verify such expenditures.
       ``(4) 50 percent of the average amounts expended by a State 
     or group of States (including the District of Columbia) in a 
     fiscal year beginning in 2006 for capital projects to benefit 
     intercity passenger rail service or for the operating costs 
     of such service above the average of expenditures made for 
     such service in fiscal years 2004 and 2005 shall be credited 
     towards the matching requirements for grants awarded under 
     this section. The Secretary may require such information as 
     necessary to verify such expenditures.
       ``(g) Undertaking Projects in Advance.--
       ``(1) The Secretary may pay the Federal share of the net 
     capital project cost to an applicant that carries out any 
     part of a project described in this section according to all 
     applicable procedures and requirements if--
       ``(A) the applicant applies for the payment;
       ``(B) the Secretary approves the payment; and
       ``(C) before carrying out the part of the project, the 
     Secretary approves the plans and specifications for the part 
     in the same way as other projects under this section.
       ``(2) The cost of carrying out part of a project includes 
     the amount of interest earned and payable on bonds issued by 
     the applicant to the extent proceeds of the bonds are 
     expended in carrying out the part. However, the amount of 
     interest under this paragraph may not be more than the most 
     favorable interest terms reasonably available for the project 
     at the time of borrowing. The applicant shall certify, in a 
     manner satisfactory to the Secretary, that the applicant has 
     shown reasonable diligence in seeking the most favorable 
     financial terms.
       ``(3) The Secretary shall consider changes in capital 
     project cost indices when determining the estimated cost 
     under paragraph (2) of this subsection.
       ``(h) 2-Year Availability.--Funds appropriated under this 
     section shall remain available until expended. If any amount 
     provided as a grant under this section is not obligated or 
     expended for the purposes described in subsection (a) within 
     2 years after the date on which the State received the grant, 
     such sums shall be returned to the Secretary for other 
     intercity passenger rail development projects under this 
     section at the discretion of the Secretary.
       ``(i) Public-Private Partnerships.''--
       ``(1) In general.--A metropolitan planning organization, 
     State transportation department, or other project sponsor may 
     enter into an agreement with any public, private, or 
     nonprofit entity to cooperatively implement any project 
     funded with a grant under this title.
       ``(2) Forms of participation.--Participation by an entity 
     under paragraph (1) may consist of--
       ``(A) ownership or operation of any land, facility, 
     locomotive, rail car, vehicle, or other physical asset 
     associated with the project;
       ``(B) cost-sharing of any project expense;
       ``(C) carrying out administration, construction management, 
     project management, project operation, or any other 
     management or operational duty associated with the project; 
     and
       ``(D) any other form of participation approved by the 
     Secretary.
       ``(3) Sub-allocation.--A State may allocate funds under 
     this section to any entity described in paragraph (1).
       ``(j) Special Transportation Circumstances.--In carrying 
     out this section, the Secretary shall allocate an appropriate 
     portion of the amounts available under this section to 
     provide grants to States--
       ``(1) in which there is no intercity passenger rail service 
     for the purpose of funding freight rail capital projects that 
     are on a State rail plan developed under chapter 225 of this 
     title that provide public benefits (as defined in chapter 
     225) as determined by the Secretary; or
       ``(2) in which the rail transportation system is not 
     physically connected to rail systems in the continental 
     United States or may not otherwise qualify for a grant under 
     this section due to the unique characteristics of the 
     geography of that State or other relevant considerations, for 
     the purpose of funding transportation-related capital 
     projects.
       ``(k) Small Capital Projects.--The Secretary shall make 
     available $10,000,000 annually from the amounts authorized 
     under section 101(c) of the Passenger Rail Investment and 
     Improvement Act of 2005 beginning in fiscal year 2007 for 
     grants for capital projects eligible under this section not 
     exceeding $2,000,000, including costs eligible under section 
     206(c) of that Act. The Secretary may wave requirements of 
     this section, including state rail plan requirements, as 
     appropriate.

     ``Sec. 24403. Project management oversight

       ``(a) Project Management Plan Requirements.--To receive 
     Federal financial assistance for a major capital project 
     under this subchapter, an applicant must prepare and carry 
     out a project management plan approved by the Secretary of 
     Transportation. The plan shall provide for--
       ``(1) adequate recipient staff organization with well-
     defined reporting relationships, statements of functional 
     responsibilities, job descriptions, and job qualifications;
       ``(2) a budget covering the project management 
     organization, appropriate consultants, property acquisition, 
     utility relocation, systems demonstration staff, audits, and 
     miscellaneous payments the recipient may be prepared to 
     justify;
       ``(3) a construction schedule for the project;
       ``(4) a document control procedure and recordkeeping 
     system;
       ``(5) a change order procedure that includes a documented, 
     systematic approach to handling the construction change 
     orders;
       ``(6) organizational structures, management skills, and 
     staffing levels required throughout the construction phase;
       ``(7) quality control and quality assurance functions, 
     procedures, and responsibilities for construction, system 
     installation, and integration of system components;
       ``(8) material testing policies and procedures;
       ``(9) internal plan implementation and reporting 
     requirements;
       ``(10) criteria and procedures to be used for testing the 
     operational system or its major components;
       ``(11) periodic updates of the plan, especially related to 
     project budget and project schedule, financing, and ridership 
     estimates; and

[[Page S11683]]

       ``(12) the recipient's commitment to submit a project 
     budget and project schedule to the Secretary each month.
       ``(b) Secretarial Oversight.--
       ``(1) The Secretary may use no more than 0.5 percent of 
     amounts made available in a fiscal year for capital projects 
     under this subchapter to enter into contracts to oversee the 
     construction of such projects.
       ``(2) The Secretary may use amounts available under 
     paragraph (1) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under paragraph 
     (1).
       ``(3) The Federal Government shall pay the entire cost of 
     carrying out a contract under this subsection.
       ``(c) Access to Sites and Records.--Each recipient of 
     assistance under this subchapter shall provide the Secretary 
     and a contractor the Secretary chooses under subsection (c) 
     of this section with access to the construction sites and 
     records of the recipient when reasonably necessary.

     ``Sec. 24404. Use of capital grants to finance first-dollar 
       liability of grant project

       ``Notwithstanding the requirements of section 24402 of this 
     subchapter, the Secretary of Transportation may approve the 
     use of capital assistance under this subchapter to fund self-
     insured retention of risk for the first tier of liability 
     insurance coverage for rail passenger service associated with 
     the capital assistance grant, but the coverage may not exceed 
     $20,000,000 per occurrence or $20,000,000 in aggregate per 
     year.

     ``Sec. 24405. Grant conditions

       ``(a) Domestic Buying Preference.--
       ``(1) Requirement.--
       ``(A) In General.--In carrying out a project funded in 
     whole or in part with a grant under this title, the grant 
     recipient shall purchase only--
       ``(i) unmanufactured articles, material, and supplies mined 
     or produced in the United States; or
       ``(ii) manufactured articles, material, and supplies 
     manufactured in the United States substantially from 
     articles, material, and supplies mined, produced, or 
     manufactured in the United States.
       ``(B) De minimis amount.--Subparagraph (1) applies only to 
     a purchase in an total amount that is not less than 
     $1,000,000.
       ``(2) Exemptions.--On application of a recipient, the 
     Secretary may exempt a recipient from the requirements of 
     this subsection if the Secretary decides that, for particular 
     articles, material, or supplies--
       ``(A) such requirements are inconsistent with the public 
     interest;
       ``(B) the cost of imposing the 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.
       ``(3) 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) Operators Deemed Rail Carriers and Employers for 
     Certain Purposes.--A person that conducts rail operations 
     over rail infrastructure constructed or improved with funding 
     provided in whole or in part in a grant made under this title 
     shall be considered a rail carrier as defined in section 
     10102(5) of this title for purposes of this title and any 
     other statute that adopts that definition or in which that 
     definition applies, including--
       ``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
     seq.); and
       ``(2) the Railway Labor Act (43 U.S.C. 151 et seq.).
       ``(c) Grant Conditions.--The Secretary shall require as a 
     condition of making any grant under this title for a project 
     that uses rights-of-way owned by a railroad that--
       ``(1) a written agreement exist between the applicant and 
     the railroad regarding such use and ownership, including--
       ``(A) any compensation for such use;
       ``(B) assurances regarding the adequacy of infrastructure 
     capacity to accommodate both existing and future freight and 
     passenger operations; and
       ``(C) an assurance by the railroad that collective 
     bargaining agreements with the railroad's employees 
     (including terms regulating the contracting of work) will 
     remain in full force and effect according to their terms for 
     work performed by the railroad on the railroad transportation 
     corridor;
       ``(D) an assurance that an applicant complies with 
     liability requirements consistent with section 28103 of this 
     title; and
       ``(2) the applicant agrees to comply with--
       ``(A) the standards of section 24312 of this title, as such 
     section was in effect on September 1, 2003, with respect to 
     the project in the same manner that the National Railroad 
     Passenger Corporation is required to comply with those 
     standards for construction work financed under an agreement 
     made under section 24308(a) of this title; and
       ``(B) the protective arrangements established under section 
     504 of the Railroad Revitalization and Regulatory Reform Act 
     of 1976 (45 U.S.C. 836) with respect to employees affected by 
     actions taken in connection with the project to be financed 
     in whole or in part by grants under this subchapter.
       ``(d) Replacement of Existing Intercity Passenger Rail 
     Service.--
       ``(1) Collective bargaining agreement for intercity 
     passenger rail projects.--Any entity providing intercity 
     passenger railroad transportation that begins operations 
     after the date of enactment of this Act on a project funded 
     in whole or in part by grants made under this title and 
     replaces intercity rail passenger service that was provided 
     by Amtrak, unless such service was provided solely by Amtrak 
     to another entity, as of such date shall enter into an 
     agreement with the authorized bargaining agent or agents for 
     adversely affected employees of the predecessor provider 
     that--
       ``(A) gives each such qualified employee of the predecessor 
     provider priority in hiring according to the employee's 
     seniority on the predecessor provider for each position with 
     the replacing entity that is in the employee's craft or class 
     and is available within 3 years after the termination of the 
     service being replaced;
       ``(B) establishes a procedure for notifying such an 
     employee of such positions;
       ``(C) establishes a procedure for such an employee to apply 
     for such positions; and
       ``(D) establishes rates of pay, rules, and working 
     conditions.
       ``(2) Immediate replacement service.--
       ``(A) Negotiations.--If the replacement of preexisting 
     intercity rail passenger service occurs concurrent with or 
     within a reasonable time before the commencement of the 
     replacing entity's rail passenger service, the replacing 
     entity shall give written notice of its plan to replace 
     existing rail passenger service to the authorized collective 
     bargaining agent or agents for the potentially adversely 
     affected employees of the predecessor provider at least 90 
     days before the date on which it plans to commence service. 
     Within 5 days after the date of receipt of such written 
     notice, negotiations between the replacing entity and the 
     collective bargaining agent or agents for the employees of 
     the predecessor provider shall commence for the purpose of 
     reaching agreement with respect to all matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). The 
     negotiations shall continue for 30 days or until an agreement 
     is reached, whichever is sooner. If at the end of 30 days the 
     parties have not entered into an agreement with respect to 
     all such matters, the unresolved issues shall be submitted 
     for arbitration in accordance with the procedure set forth in 
     subparagraph (B).
       ``(B) Arbitration.--If an agreement has not been entered 
     into with respect to all matters set forth in subparagraphs 
     (A) through (D) of paragraph (1) as described in subparagraph 
     (A) of this paragraph, the parties shall select an 
     arbitrator. If the parties are unable to agree upon the 
     selection of such arbitrator within 5 days, either or both 
     parties shall notify the National Mediation Board, which 
     shall provide a list of seven arbitrators with experience in 
     arbitrating rail labor protection disputes. Within 5 days 
     after such notification, the parties shall alternately strike 
     names from the list until only 1 name remains, and that 
     person shall serve as the neutral arbitrator. Within 45 days 
     after selection of the arbitrator, the arbitrator shall 
     conduct a hearing on the dispute and shall render a decision 
     with respect to the unresolved issues among the matters set 
     forth in subparagraphs (A) through (D) of paragraph (1). This 
     decision shall be final, binding, and conclusive upon the 
     parties. The salary and expenses of the arbitrator shall be 
     borne equally by the parties; all other expenses shall be 
     paid by the party incurring them.
       ``(3) Service commencement.--A replacing entity under this 
     subsection shall commence service only after an agreement is 
     entered into with respect to the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1) or the 
     decision of the arbitrator has been rendered.
       ``(4) Subsequent replacement of service.--If the 
     replacement of existing rail passenger service takes place 
     within 3 years after the replacing entity commences intercity 
     passenger rail service, the replacing entity and the 
     collective bargaining agent or agents for the adversely 
     affected employees of the predecessor provider shall enter 
     into an agreement with respect to the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). If the 
     parties have not entered into an agreement with respect to 
     all such matters within 60 days after the date on which the 
     replacing entity replaces the predecessor provider, the 
     parties shall select an arbitrator using the procedures set 
     forth in paragraph (2)(B), who shall, within 20 days after 
     the commencement of the arbitration, conduct a hearing and 
     decide all unresolved issues. This decision shall be final, 
     binding, and conclusive upon the parties.
       ``(e) Inapplicability to Certain Rail Operations.--Nothing 
     in this section applies to--
       ``(1) commuter rail passenger transportation (as defined in 
     section 24102(4) of this title) operations of a State or 
     local government authority (as those terms are defined in 
     section 5302(11) and (6), respectively, of this title) 
     eligible to receive financial assistance under section 5307 
     of this title, or to its contractor performing services in 
     connection with commuter rail passenger operations (as so 
     defined);
       ``(2) the Alaska Railroad or its contractors; or
       ``(3) the National Railroad Passenger Corporation's access 
     rights to railroad rights of way and facilities under current 
     law.''.
       (b) Conforming Amendments.--
       (1) The table of chapters for the title is amended by 
     inserting the following after the item relating to chapter 
     243:


[[Page S11684]]


``244. Intercity passenger rail service capital assistance.....24401''.

       ``(2) The chapter analysis for subtitle V is amended by 
     inserting the following after the item relating to chapter 
     243:

``244. Intercity passenger rail service capital assistance.....24401''.

     SEC. 302. STATE RAIL PLANS.

       (a) In General.--Part B of subtitle V is amended by adding 
     at the end the following:

       ``CHAPTER 225. STATE RAIL PLANS AND HIGH PRIORITY PROJECTS

``Sec.
``22501. Definitions
``22502. Authority
``22503. Purposes
``22504. Transparency; coordination; review
``22505. Content
``22506. Review

     ``Sec. 22501. Definitions

       ``In this subchapter:
       ``(1) Private benefit.--
       `` (A) In general.--The term `private benefit'--
       ``(i) means a benefit accrued to a person or private 
     entity, other than the National Railroad Passenger 
     Corporation, that directly improves the economic and 
     competitive condition of that person or entity through 
     improved assets, cost reductions, service improvements, or 
     any other means as defined by the Secretary; and
       ``(ii) shall be determined on a project-by-project basis, 
     based upon an agreement between the parties.
       ``(B) Consultation.--The Secretary may seek the advice of 
     the States and rail carriers in further defining this term.
       ``(2) Public benefit.--
       ``(A) In general.--The term `public benefit'--
       ``(i) means a benefit accrued to the public in the form of 
     enhanced mobility of people or goods, environmental 
     protection or enhancement, congestion mitigation, enhanced 
     trade and economic development, improved air quality or land 
     use, more efficient energy use, enhanced public safety or 
     security, reduction of public expenditures due to improved 
     transportation efficiency or infrastructure preservation, and 
     any other positive community effects as defined by the 
     Secretary; and
       ``(ii) shall be determined on a project-by-project basis, 
     based upon an agreement between the parties.
       ``(B) Consultation.--The Secretary may seek the advice of 
     the States and rail carriers in further defining this term.
       ``(3) State.--The term `State' means any of the 50 States 
     and the District of Columbia.
       ``(4) State rail transportation authority.--The term `State 
     rail transportation authority' means the State agency or 
     official responsible under the direction of the Governor of 
     the State or a State law for preparation, maintenance, 
     coordination, and administration of the State rail plan.''.

     ``Sec. 22502. Authority

       ``(a) In General.--Each State may prepare and maintain a 
     State rail plan in accordance with the provisions of this 
     subchapter.
       ``(b) Requirements.--For the preparation and periodic 
     revision of a State rail plan, a State shall--
       ``(1) establish or designate a State rail transportation 
     authority to prepare, maintain, coordinate, and administer 
     the plan;
       ``(2) establish or designate a State rail plan approval 
     authority to approve the plan;
       ``(3) submit the State's approved plan to the Secretary of 
     Transportation for review; and
       ``(4) revise and resubmit a State-approved plan no less 
     frequently than once every 5 years for reapproval by the 
     Secretary.

     ``Sec. 22503. Purposes

       ``(a) Purposes.--The purposes of a State rail plan are as 
     follows:
       ``(1) To set forth State policy involving freight and 
     passenger rail transportation, including commuter rail 
     operations, in the State.
       ``(2) To establish the period covered by the State rail 
     plan.
       ``(3) To present priorities and strategies to enhance rail 
     service in the State that benefits the public.
       ``(4) To serve as the basis for Federal and State rail 
     investments within the State.
       ``(b) Coordination.--A State rail plan shall be coordinated 
     with other State transportation planning goals and programs 
     and set forth rail transportation's role within the State 
     transportation system.

     ``Sec. 22504. Transparency; coordination; review

       ``(a) Preparation.--A State shall provide adequate and 
     reasonable notice and opportunity for comment and other input 
     to the public, rail carriers, commuter and transit 
     authorities operating in, or affected by rail operations 
     within the State, units of local government, and other 
     interested parties in the preparation and review of its State 
     rail plan.
       ``(b) Intergovernmental Coordination.--A State shall review 
     the freight and passenger rail service activities and 
     initiatives by regional planning agencies, regional 
     transportation authorities, and municipalities within the 
     State, or in the region in which the State is located, while 
     preparing the plan, and shall include any recommendations 
     made by such agencies, authorities, and municipalities as 
     deemed appropriate by the State.

     ``Sec. 22505. Content

       ``(a) In General.--Each State rail plan shall contain the 
     following:
       ``(1) An inventory of the existing overall rail 
     transportation system and rail services and facilities within 
     the State and an analysis of the role of rail transportation 
     within the State's surface transportation system.
       ``(2) A review of all rail lines within the State, 
     including proposed high speed rail corridors and significant 
     rail line segments not currently in service.
       ``(3) A statement of the State's passenger rail service 
     objectives, including minimum service levels, for rail 
     transportation routes in the State.
       ``(4) A general analysis of rail's transportation, 
     economic, and environmental impacts in the State, including 
     congestion mitigation, trade and economic development, air 
     quality, land use, energy use, and community impacts.
       ``(5) A long-range rail investment program for current and 
     future freight and passenger infrastructure in the State that 
     meets the requirements of subsection (b).
       ``(6) A statement of public financing issues for rail 
     projects and service in the State, including a list of 
     current and prospective public capital and operating funding 
     resources, public subsidies, State taxation, and other 
     financial policies relating to rail infrastructure 
     development.
       ``(7) An identification of rail infrastructure issues 
     within the State that reflects consultation with all relevant 
     stake holders.
       ``(8) A review of major passenger and freight intermodal 
     rail connections and facilities within the State, including 
     seaports, and prioritized options to maximize service 
     integration and efficiency between rail and other modes of 
     transportation within the State.
       ``(9) A review of publicly funded projects within the State 
     to improve rail transportation safety and security, including 
     all major projects funded under section 130 of title 23.
       ``(10) A performance evaluation of passenger rail services 
     operating in the State, including possible improvements in 
     those services, and a description of strategies to achieve 
     those improvements.
       ``(11) A compilation of studies and reports on high-speed 
     rail corridor development within the State not included in a 
     previous plan under this subchapter, and a plan for funding 
     any recommended development of such corridors in the State.
       ``(12) A statement that the State is in compliance with the 
     requirements of section 22102.
       ``(b) Long-Range Service and Investment Program.--
       ``(1) Program content.--A long-range rail investment 
     program included in a State rail plan under subsection (a)(5) 
     shall include the following matters:
       ``(A) A list of any rail capital projects expected to be 
     undertaken or supported in whole or in part by the State.
       ``(B) A detailed funding plan for those projects.
       ``(2) Project list content.--The list of rail capital 
     projects shall contain--
       ``(A) a description of the anticipated public and private 
     benefits of each such project; and
       ``(B) a statement of the correlation between--
       ``(i) public funding contributions for the projects; and
       ``(ii) the public benefits.
       ``(3) Considerations for project list.--In preparing the 
     list of freight and intercity passenger rail capital 
     projects, a State rail transportation authority should take 
     into consideration the following matters:
       ``(A) Contributions made by non-Federal and non-State 
     sources through user fees, matching funds, or other private 
     capital involvement.
       ``(B) Rail capacity and congestion effects.
       ``(C) Effects on highway, aviation, and maritime capacity, 
     congestion, or safety.
       ``(D) Regional balance.
       ``(E) Environmental impact.
       ``(F) Economic and employment impacts.
       ``(G) Projected ridership and other service measures for 
     passenger rail projects.

     ``Sec. 22506. Review

       The Secretary shall prescribe procedures for States to 
     submit State rail plans for review under this title, 
     including standardized format and data requirements. State 
     rail plans completed before the date of enactment of the 
     Passenger Rail Investment and Improvement Act of 2005 that 
     substantially meet the requirements of this chapter, as 
     determined by the Secretary, shall be deemed by the Secretary 
     to have met the requirements of this chapter''.
       (b) Conforming Amendments.--
       (1) The table of chapters for the title is amended by 
     inserting the following after the item relating to chapter 
     223:

``225. State rail plans........................................22501''.

       ``(2) The chapter analysis for subtitle V is amended by 
     inserting the following after the item relating to chapter 
     223:

``225. State rail plans........................................24401''.

     SEC. 303. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, Amtrak shall establish a Next 
     Generation Corridor Equipment Pool Committee, comprised of 
     representatives of Amtrak, the Federal Railroad 
     Administration, and interested States. The purpose of the 
     Committee shall be to design, develop specifications for, and 
     procure standardized next-generation corridor equipment.
       (b) Functions.--The Committee may--

[[Page S11685]]

       (1) determine the number of different types of equipment 
     required, taking into account variations in operational needs 
     and corridor infrastructure;
       (2) establish a pool of equipment to be used on corridor 
     routes funded by participating States; and
       (3) subject to agreements between Amtrak and States, 
     utilize services provided by Amtrak to design, maintain and 
     remanufacture equipment.
       (c) Cooperative Agreements.--Amtrak and States 
     participating in the Committee may enter into agreements for 
     the funding, procurement, remanufacture, ownership and 
     management of corridor equipment, including equipment 
     currently owned or leased by Amtrak and next-generation 
     corridor equipment acquired as a result of the Committee's 
     actions, and may establish a corporation, which may be owned 
     or jointly-owned by Amtrak, participating States or other 
     entities, to perform these functions.
       (d) Funding.--In addition to the authorization provided in 
     section 105 of this Act, capital projects to carry out the 
     purposes of this section shall be eligible for grants made 
     pursuant to chapter 244 of title 49, United States Code.

     SEC. 304. FEDERAL RAIL POLICY.

       Section 103 is amended--
       (1) by inserting ``In General.--'' before ``The Federal'' 
     in subsection (a);
       (2) by striking the second and third sentences of 
     subsection (a);
       (3) by inserting ``Administrator.--'' before ``The head'' 
     in subsection (b);
       (4) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively and by inserting 
     after subsection (b) the following:
       ``(c) Safety.--To carry out all railroad safety laws of the 
     United States, the Administration is divided on a 
     geographical basis into at least 8 safety offices. The 
     Secretary of Transportation is responsible for all acts taken 
     under those laws and for ensuring that the laws are uniformly 
     administered and enforced among the safety offices.'';
       (5) by inserting ``Powers and Duties.--'' before ``The'' in 
     subsection (d), as redesignated;
       (6) by striking ``and'' after the semicolon in paragraph 
     (1) of subsection (d), as redesignated;
       (7) by redesignating paragraph (2) of subsection (d), as 
     redesignated, as paragraph (3) and inserting after paragraph 
     (1) the following:
       ``(2) the duties and powers related to railroad policy and 
     development under subsection (e); and'';
       (8) by inserting ``Transfers of Duty.--'' before ``A duty'' 
     in subsection (e), as redesignated;
       (9) by inserting ``Contracts, grants, leases, cooperative 
     agreements, and similar transactions.--'' before ``Subject'' 
     in subsection (f), as redesignated;
       (10) by striking the last sentence in subsection (f), as 
     redesignated; and
       (11) by adding at the end the following:
       ``(g) Additional Duties of the Administrator.--The 
     Administrator shall--
       ``(1) provide assistance to States in developing State rail 
     plans prepared under chapter 225 and review all State rail 
     plans submitted under that section;
       ``(2) develop a long range national rail plan that is 
     consistent with approved State rail plans and the rail needs 
     of the Nation, as determined by the Secretary in order to 
     promote an integrated, cohesive, efficient, and optimized 
     national rail system for the movement of goods and people;
       ``(3) develop a preliminary national rail plan within a 
     year after the date of enactment of the Passenger Rail 
     Investment and Improvement Act of 2005;
       ``(4) develop and enhance partnerships with the freight and 
     passenger railroad industry, States, and the public 
     concerning rail development;
       ``(5) support rail intermodal development and high-speed 
     rail development, including high speed rail planning;
       ``(6) ensure that programs and initiatives developed under 
     this section benefit the public and work toward achieving 
     regional and national transportation goals; and
       ``(7) facilitate and coordinate efforts to assist freight 
     and passenger rail carriers, transit agencies and 
     authorities, municipalities, and States in passenger-freight 
     service integration on shared rights of way by providing 
     neutral assistance at the joint request of affected rail 
     service providers and infrastructure owners relating to 
     operations and capacity analysis, capital requirements, 
     operating costs, and other research and planning related to 
     corridors shared by passenger or commuter rail service and 
     freight rail operations.
       ``(h) Performance Goals and Reports.--
       ``(1) Performance goals.--In conjunction with the 
     objectives established and activities under-taken under 
     section 103(e) of this title, the Administrator shall develop 
     a schedule for achieving specific, measurable performance 
     goals.
       ``(2) Resource needs.--The strategy and annual plans shall 
     include estimates of the funds and staff resources needed to 
     accomplish each goal and the additional duties required under 
     section 103(e).
       ``(3) Submission with president's budget.--Beginning with 
     fiscal year 2007 and each fiscal year thereafter, the 
     Secretary shall submit to Congress, at the Isame time as the 
     President's budget submission, the Administration's 
     performance goals and schedule developed under paragraph (1), 
     including an assessment of the progress of the Administration 
     toward achieving its performance goals.'' .

     SEC. 305. RAIL COOPERATIVE RESEARCH PROGRAM.

       (a) Establishmnt and Content.--Chapter 249 is amended by 
     adding at the end the following:

     ``24910. Rail cooperative research program

       ``(a) In General.--The Secretary shall establish and carry 
     out a rail cooperative research program. The program shall--
       ``(1) address, among other matters, intercity rail 
     passenger and freight rail services, including existing rail 
     passenger and freight technologies and speeds, incrementally 
     enhanced rail systems and infrastructure, and new highspeed 
     wheel-on-rail systems and rail security;
       ``(2) address ways to expand the transportation of 
     international trade traffic by rail, enhance the efficiency 
     of intermodal interchange at ports and other intermodal 
     terminals, and increase capacity and availability of rail 
     service for seasonal freight needs;
       ``(3) consider research on the interconnectedness of 
     commuter rail, passenger rail, freight rail, and other rail 
     networks; and
       ``(4) give consideration to regional concerns regarding 
     rail passenger and freight transportation, including meeting 
     research needs common to desgnated high-speed corridors, 
     long-distance rail services, and regional intercity rail 
     corridors, projects, and entities.
       ``(b) Content.--The program to be carried out under this 
     section shall include research designed--
       ``(1) to identify the unique aspects and attributes of rail 
     passenger and freight service;
       ``(2) to develop more accurate models for evaluating the 
     impact of rail passenger and freight service, including the 
     effects on highway and airport and airway congestion, 
     environmental quality, and energy consumption;
       ``(3) to develop a better understanding of modal choice as 
     it affects rail passenger and freight transportation, 
     including development of better models to predict 
     utilization;
       ``(4) to recommend priorities for technology demonstration 
     and development;
       ``(5) to meet additional priorities as determined by the 
     advisory board established under subsection (c), including 
     any recommendations made by the National Research Council;
       ``(6) to explore improvements in management, financing, and 
     institutional structures;
       ``(7) to address rail capacity constraints that affect 
     passenger and freight rail service through a wide variety of 
     options, ranging from operating improvements to dedicated new 
     infrastructure, taking into account thei impact of such 
     options on operations;
       ``(8) to improve maintenance, operations, customer service, 
     or other aspects of intercity rail passenger and freight 
     service;
       ``(9) to recommend objective methodologies for determining 
     intercity passenger rail routes and services, including the 
     establishment of new routes, the elimination of existing 
     routes, and the contraction or expansion of services or 
     frequencies over such routes;
       ``(10) to review the impact of equipment and operational 
     safety standards on the further development of high speed 
     passenger rail operations connected to or integrated with 
     non-high speed freight or passenger rail operations; and
       ``(11) to recommend any legislative or regulatory changes 
     necessary to foster further development and implementation of 
     high speed passenger rail operations while ensuring the 
     safety of such operations that are connected to or integrated 
     with non-high speed freight or passenger rail operations.
       ``(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 and freight 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, 
     freight railroads, 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) Clerical Amendment.--The chapter analysis for chapter 
     249 is amended by adding at the end the following:

``24910. Rail cooperative research program''.

              TITLE IV--PASSENGER RAIL SECURITY AND SAFETY

     SEC. 401. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General--Subject to subsection (c) the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation, is authorized to make grants to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, DC;

[[Page S11686]]

       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units;
       (7) to expand emergency preparedness efforts; and (8) for 
     employee security training.
       (b) Conditions.--The Secretary of Transportation shall 
     disburse funds to Amtrak provided under subsection (a) for 
     projects contained in a systemwide security plan approved by 
     the Secretary of Homeland Security. The plan shall include 
     appropriate measures to address security awareness, 
     emergency response, and passenger evacuation training.
       (c) Equitable Geographic Allocation.--The Secretary shall 
     ensure that, subject to meeting the highest security needs on 
     Amtrak's entire system, stations and facilities located 
     outside of the Northeast Corridor receive an equitable share 
     of the security funds authorized by this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security to 
     carry out this section--
       (1) $63,500,000 for fiscal year 2006;
       (2) $30,000,000 for fiscal year 2007; and
       (3) $30,000,000 for fiscal year 2008.
       Amounts appropriated pursuant to this subsection shall 
     remain available until expended.

     SEC. 402. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $190,000,000 for fiscal year 2006;
       (B) $190,000,000 for fiscal year 2007;
       (C) $190,000,000 for fiscal year 2008;
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $19,000,000 for fiscal year 2006;
       (B) $19,000,000 for fiscal year 2007;
       (C) $19,000,000 for fiscal year 2008;
       (3) For the Washington, DC, Union Station tunnels to 
     improve ventilation, communication, lighting, and passenger 
     egress upgrades--
       (A) $13,333,000 for fiscal year 2006;
       (B) $13,333,000 for fiscal year 2007;
       (C) $13,333,000 for fiscal year 2008;
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation for fiscal 
     year 2006 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts made 
     available pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary may not make amounts 
     available to Amtrak for obligation or expenditure under 
     subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, and periodic 
     status reports.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. If the Secretary determines that a 
     plan is incomplete or deficient, the Secretary shall 
     notify Amtrak of the incomplete items or deficiencies and 
     Amtrak shall, within 30 days after receiving the 
     Secretary's notification, submit a modified plan for the 
     Secretary's review. Within 15 days after receiving 
     additional information on items previously included in the 
     plan, and within 45 days after receiving items newly 
     included in a modified plan, the Secretary shall either 
     approve the modified plan, or, if the Secretary finds the 
     plan is still incomplete or deficient, the Secretary shall 
     identify in writing to the Senate Committee on Commerce, 
     Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure the portions of the plan the Secretary 
     finds incomplete or deficient, approve all other portions 
     of the plan, obligate the funds associated with those 
     other portions, and execute an agreement with Amtrak 
     within 15 days thereafter on a process for resolving the 
     remaining portions of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all portions of the tunnel projects described 
     in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use or plan to 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 at levels reflecting the extent of their 
     use or planned use of the tunnels, if feasible.

     SEC. 403. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Passenger Rail Investment 
     and Improvement Act of 2005, Amtrak shall submit to the 
     Chairman of the National Transportation Safety Board and the 
     Secretary of Transportation a plan for addressing the needs 
     of the families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting 
     in a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release to any person information on a list obtained 
     under subsection (b)(l) but may provide information on the 
     list about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Funding.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak 
     $500,000 for fiscal year 2006 to carry out this section. 
     Amounts made available pursuant to this subsection shall 
     remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

``24316. Plan to assist families of passengers involved in rail 
              passenger accidents.'' .

     SEC. 404. NORTHERN BORDER RAIL PASSENGER REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Transportation, in consultation with the 
     Secretary of

[[Page S11687]]

     Homeland Security, the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), heads of 
     other appropriate Federal departments, and agencies and the 
     National Railroad Passenger Corporation, shall transmit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers;
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security; and
       (8) an analysis of the feasibility of reinstating United 
     States Customs and Border Patrol rolling inspections onboard 
     international Amtrak trains.

     SEC. 405. PASSENGER, BAGGAGE, AND CARGO SCREENING.

       (a) Requirement for Study and Report.--The Secretary of 
     Homeland Security, in cooperation with the Secretary of 
     Transportation through the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and other 
     appropriate agencies, shall--
       (1) study the cost and feasibility of requiring security 
     screening for passengers, baggage, and cargo on passenger 
     trains including an analysis of any passenger train screening 
     pilot programs undertaken by the Department of Homeland 
     Security; and
       (2) report the results of the study, together with any 
     recommendations that the Secretary of Homeland Security may 
     have for implementing a rail security screening program to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure within 1 year after the date of enactment 
     of this Act.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security 
     $1,000,000 for fiscal year 2006 to carry out this section.

                      TITLE V--RAIL BOND AUTHORITY

     SEC. 501. INTERCITY RAIL FACILITY BONDS.

       (a) In General.--Chapter 261 is amended by adding at the 
     end the following:

     ``Sec. 26106. Rail infrastructure bonds

       ``(a) Designation.--The Secretary may designate bonds for 
     purposes of section 54A of the Internal Revenue Code of 1986 
     if--
       ``(1) the bonds are to be issued by--
       ``(A) a State, if the entire railroad passenger 
     transportation corridor containing the infrastructure project 
     to be financed is within the State;
       ``(B) 1 or more of the States that have entered into an 
     agreement or an interstate compact consented to by Congress 
     under section 410(a) of Public Law 105-134 (49 U.S.C. 24101 
     note);
       ``(C) an agreement or an interstate compact described in 
     subparagraph (B); or
       ``(D) Amtrak, for capital projects under its 5-year plan;
       ``(2) the bonds are for the purpose of financing projects 
     that make a substantial contribution to providing the 
     infrastructure and equipment required to complete or improve 
     a rail transportation corridor (including projects for the 
     acquisition, financing, or refinancing of equipment and other 
     capital improvements, including the introduction of new high-
     speed technologies such as magnetic levitation systems, track 
     or signal improvements, the elimination of grade crossings, 
     development of intermodal facilities, improvement of train 
     speeds or safety, or both, and station rehabilitation or 
     construction), but only if the Secretary determines that the 
     projects are part of a viable and comprehensive rail 
     transportation corridor design for intercity passenger 
     service included in a State rail plan under chapter 225 
     (except for bonds issued under paragraph (1)(D)); and
       ``(3) for a railroad passenger transportation corridor not 
     operated by Amtrak that includes the use of rights-of-way 
     owned by a freight railroad, a written agreement exists 
     between the applicant and the freight railroad regarding such 
     use and ownership, including compensation for such use and 
     assurances regarding the adequacy of infrastructure capacity 
     to accommodate both existing and future freight and passenger 
     operations, and including an assurance by the freight 
     railroad that collective bargaining agreements with the 
     freight railroad's employees (including terms regulating the 
     contracting of work) shall remain in full force and effect 
     according to their terms for work performed by the freight 
     railroad on such railroad passenger transportation corridor.
       ``(b) Project Selection Criteria.--The Secretary shall give 
     preference to the designation under this section of bonds for 
     projects selected using the criteria in chapter 244.
       ``(c) Timely Disposition of Application.--The Secretary 
     shall grant or deny a requested designation within 9 months 
     after receipt of an application.
       ``(d) Refinancing Rules.--Bonds designated by the Secretary 
     under subsection (a) may be issued for refinancing projects 
     only if the indebtedness being refinanced (including any 
     obligation directly or indirectly refinanced by such 
     indebtedness) was originally incurred by the issuer--
       ``(1) after the date of the enactment of this section;
       ``(2) for a term of not more than 3 years;
       ``(3) to finance projects described in subsection (a)(2); 
     and
       ``(4) in anticipation of being refinanced with proceeds of 
     a bond designated under subsection (a).
       ``(e) Application of Conditions.--Any entity providing 
     railroad transportation (within the meaning of section 20102) 
     that begins operations after the date of the enactment of 
     this section and that uses property acquired pursuant to this 
     section (except as provided in subsection (a)(2)(B)), shall 
     be subject to the conditions under section 24405.
       ``(f) Issuance of Regulations.--Not later than 6 months 
     after the date of the enactment of the Passenger Rail 
     Investment and Improvement Act of 2005, the Secretary shall 
     issue regulations for carrying out this section.
       ``(g) Section 54a Bond Defined.--In this section, the term 
     `section 54A bond' means a bond designated by the Secretary 
     under subsection (a) for purposes of section 54A of the 
     Internal Revenue Code of 1986 (relating to credit to holders 
     of qualified rail infrastructure bonds).''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 261 is amended by adding after the item relating to 
     section 26105 the following new item:

``26106. Rail infrastructure bonds.''
                                 ______
                                 
  SA 2152. Mr. COLEMAN (for himself, Mr. Dayton, and Mr. DeWine) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3058, making appropriations for the Departments of Transportation, 
Treasury, and Housing and Urban Development, the Judiciary, District of 
Columbia, and independent agencies for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ALL-TERRAIN VEHICLES.

       (a) In General.--Notwithstanding any other provision of 
     law, it is unlawful for any person to import into the United 
     States or any manufacturer or wholesale distributor to 
     distribute in commerce any new assembled or unassembled ATV 
     unless--
       (1)(A) with respect to an ATV designed for use by single 
     operator only, such ATV complies with any applicable 
     provision of the American National Standard for Four Wheel 
     All-Terrain Vehicles--Equipment, Configuration, and 
     Performance Requirements developed by the Specialty Vehicle 
     Institute of America (American National Standard ANSI/SVIA-1-
     2001) or any applicable provision of a revision of such 
     Standard; or
       (B) with respect to an ATV designed for use by an operator 
     and passengers, such ATV complies with any applicable 
     provisions of any future American National Standard developed 
     for such vehicles;
       (2) with respect to an ATV, it is subject to or covered by 
     a letter of undertaking or an ATV action plan that--
       (A) applies to such ATV;
       (B) includes actions to promote ATV safety; and
       (C)(i) was submitted to the Commission and implemented 
     prior to September 23, 2005; or
       (ii) is approved by the Commission and is substantially 
     implemented at the time of the import into the United States 
     or the distribution in commerce of such ATV; and
       (3) such ATV bears a permanent label certifying that it 
     complies with the provisions of paragraphs (1) and (2).
       (b) Definitions.--In this section:
       (1) ATV.--The term ``ATV'' means any motorized, off-
     highway, all-terrain vehicle designed to travel on 4 wheels, 
     having a seat designed to be straddled by the operator and 
     handlebars for steering control and does not include a 
     prototype of an motorized, off-highway, all-terrain vehicle 
     or other off-highway, all-terrain vehicle that is intended 
     exclusively for research and development purposes.
       (2) Commission, distribution in commerce, to distribute in 
     commerce, import, united

[[Page S11688]]

     states.--The terms ``Commission'', ``distribution in 
     commerce'', ``to distribute in commerce'', ``import'', and 
     ``United States'' have the meaning given those terms in 
     section 3(a) of the Consumer Product Safety Act (15 U.S.C. 
     2052(a)).
       (c) Violation of CPSA.--Any violation of subsection (a) 
     shall be considered to be a prohibited act within the meaning 
     of section 19 of the Consumer Product Safety Act (15 U.S.C. 
     2068) and shall be subject to the penalties and remedies 
     available for prohibited acts under the Consumer Product 
     Safety Act.
       (d) Violation of Customs Laws.--The importation of an ATV 
     into the United States in violation of subsection (a) shall 
     be a violation of the customs laws of the United States and 
     any applicable provisions thereof.
       (e) Effective Date.--This section shall become effective 90 
     days after the date of the enactment of this Act.
                                 ______
                                 
  SA 2153. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 436, between lines 10 and 11, insert the following:
       Sec. 8__. No funds made available under this Act shall be 
     used to plan, design, or construct, in the State of Alaska--
       (1) the Knik Arm Bridge; or
       (2) a bridge joining the Island of Gravina to the community 
     of Ketchikan.
                                 ______
                                 
  SA 2154. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 406, between lines 7 and 8, insert the following:

     SEC. 724. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RISK 
                   ASSESSMENT.

       None of the funds made available in this Act shall be used 
     by the Department of Housing and Urban Development for 
     programs and activities not in compliance with section 2 of 
     the Improper Payments Information Act of 2002 (Public Law 
     107-300), including any programs under the community 
     development block grant program under title I of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5301 et 
     seq.).
                                 ______
                                 
  SA 2155. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 227, line 7, strike the period and insert the 
     following: ``: Provided further, That not later than December 
     31, 2015, public-use airports shall improve their runway 
     safety areas to comply with the Federal Aviation 
     Administration design standards.''.
                                 ______
                                 
  SA 2156. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:
       On page 276, after line 24, add the following:

     SEC. __. AMENDMENTS TO EXCLUDE SOLID WASTE DISPOSAL FROM THE 
                   JURISDICTION OF THE BOARD.

       Section 10501 of title 49, United States Code, is amended--
       (1) in subsection (b)(2), by inserting ``except solid waste 
     management facilities (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)),'' after 
     ``facilities,''; and
       (2) in subsection (c)(2)--
       (A) by striking ``over mass'' and inserting the following: 
     ``over--
       ``(A) mass''; and
       (B) by striking the period at the end and inserting the 
     following: ``; or
       ``(B) the processing or sorting of solid waste.''.
                                 ______
                                 
  SA 2157. Mr. LEAHY (for himself, Mr. Coleman, Mr. Sarbanes, Mr. 
Graham, Mr. Reed, Ms. Snowe, Mr. Schumer, Mr. Obama, Mr. Kohl, Mr. 
Dorgan, Mr. Nelson of Florida, Mr. Lautenberg, Mr. Levin, Mr. Kerry, 
Mr. Jeffords, Mr. Dodd, Ms. Stabenow, Mr. Corzine, Mr. Salazar, Mrs. 
Clinton, Mr. Durbin, Ms. Collins, Mrs. Feinstein, Mr. Voinovich, Mr. 
Kennedy, Mr. DeWine, Mr. Santorum, Mr. Harkin, Mr. Rockefeller, Mr. 
Lieberman, Mr. Dayton, Ms. Cantwell, Mr. Specter, Mr. Bingaman, Ms. 
Landrieu, Mr. Grassley, Mr. Bayh, Ms. Mikulski, Mr. Johnson, Mr. 
Chafee, and Mr. Talent) submitted an amendment intended to be proposed 
by him to the bill H.R. 3058, making appropriations for the Departments 
of Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 298, on line 13 strike ``$1,500,000,000'' and 
     insert ``$2,100,000,000''.
       On page 299, line 14 strike the period and insert the 
     following: ``: Provided further, That notwithstanding the 
     foregoing provisos, of the amounts recaptured from amounts 
     appropriated in prior years under this heading, such amounts 
     are provided as follows:
       ``(1) $200,000,000 for activities provided for under the 
     heading `Tenant-based rental assistance', including 
     $130,000,000 for the renewal of expiring section 8 contracts 
     under section 8 of the United States Housing Act of 1937 (42 
     U.S.C. 1437f), and not to exceed $70,000,000 for the 
     conversion of section 811 vouchers to tenant-based rental 
     assistance vouchers.
       ``(2) $200,000,000 to be equally divided for activities 
     provided for under the headings `Public Housing Capital Fund' 
     and `Public Housing Operating Fund'.
       ``(3) $200,000,000 for activities provided for under the 
     heading `Community Development Fund' to carry out the 
     community development block grant program under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.).''.
                                 ______
                                 
  SA 2158. Mr. ENSIGN (for himself and Mr. Vitter) proposed an 
amendment to amendment S. 2133 proposed by Mr. Dorgan (for himself, Mr. 
Craig, Mr. Enzi, and Mr. Baucus) to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; as follows:

       Strike all after the first word and insert the following:
       __. (a) Short Title.--This section may be cited as the 
     ``Child Custody Protection Act''.
       (b) Transportation of Minors in Circumvention of Certain 
     Laws Relating to Abortion.--
       (1) In general.--Title 18, United States Code, is amended 
     by inserting after chapter 117 the following:

 ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN 
                       LAWS RELATING TO ABORTION

``Sec.
``2431. Transportation of minors in circumvention of certain laws 
              relating to abortion

     ``Sec. 2431. Transportation of minors in circumvention of 
       certain laws relating to abortion

       ``(a) Offense.--
       ``(1) Generally.--Except as provided in subsection (b), 
     whoever knowingly transports a minor across a State line, 
     with the intent that such minor obtain an abortion, and 
     thereby in fact abridges the right of a parent under a law 
     requiring parental involvement in a minor's abortion 
     decision, in force in the State where the minor resides, 
     shall be fined under this title or imprisoned not more than 
     one year, or both.
       ``(2) Definition.--For the purposes of this subsection, an 
     abridgement of the right of a parent occurs if an abortion is 
     performed on the minor, in a State other than the State where 
     the minor resides, without the parental consent or 
     notification, or the judicial authorization, that would have 
     been required by that law had the abortion been performed in 
     the State where the minor resides.
       ``(b) Exceptions.--
       ``(1) The prohibition of subsection (a) does not apply if 
     the abortion was necessary to save the life of the minor 
     because her life was endangered by a physical disorder, 
     physical injury, or physical illness, including a life 
     endangering physical condition caused by or arising from the 
     pregnancy itself.
       ``(2) A minor transported in violation of this section, and 
     any parent of that minor, may not be prosecuted or sued for a 
     violation of this section, a conspiracy to violate this 
     section, or an offense under section 2 or 3 based on a 
     violation of this section.
       ``(c) Affirmative Defense.--It is an affirmative defense to 
     a prosecution for an offense, or to a civil action, based on 
     a violation of this section that the defendant reasonably 
     believed, based on information the defendant obtained 
     directly from a parent of the minor or other compelling 
     facts, that before the minor obtained the abortion, the 
     parental consent or notification, or judicial authorization 
     took place that would have been

[[Page S11689]]

     required by the law requiring parental involvement in a 
     minor's abortion decision, had the abortion been performed in 
     the State where the minor resides.
       ``(d) Civil Action.--Any parent who suffers harm from a 
     violation of subsection (a) may obtain appropriate relief in 
     a civil action.
       ``(e) Definitions.--For the purposes of this section--
       ``(1) a `law requiring parental involvement in a minor's 
     abortion decision' means a law--
       ``(A) requiring, before an abortion is performed on a 
     minor, either--
       ``(i) the notification to, or consent of, a parent of that 
     minor; or
       ``(ii) proceedings in a State court; and
       ``(B) that does not provide as an alternative to the 
     requirements described in subparagraph (A) notification to or 
     consent of any person or entity who is not described in that 
     subparagraph;
       ``(2) the term `parent' means--
       ``(A) a parent or guardian;
       ``(B) a legal custodian; or
       ``(C) a person standing in loco parentis who has care and 
     control of the minor, and with whom the minor regularly 
     resides, who is designated by the law requiring parental 
     involvement in the minor's abortion decision as a person to 
     whom notification, or from whom consent, is required;
       ``(3) the term `minor' means an individual who is not older 
     than the maximum age requiring parental notification or 
     consent, or proceedings in a State court, under the law 
     requiring parental involvement in a minor's abortion 
     decision; and
       ``(4) the term `State' includes the District of Columbia 
     and any commonwealth, possession, or other territory of the 
     United States.''.
       (2) Clerical amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 117 the following new 
     item:

``117A. Transportation of minors in circumvention of certain laws 
  relating to abortion..........................................2431''.
                                 ______
                                 
  SA 2159. Mr. NELSON of Florida (for himself and Mr. Smith) submitted 
an amendment intended to be proposed by him to the bill H.R. 3058, 
making appropriations for the Departments of Transportation, Treasury, 
and Housing and Urban Development, the Judiciary, District of Columbia, 
and independent agencies for the fiscal year ending September 30, 2006, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 293, after line 25, insert the following:
       Sec. 221. It is the sense of Congress that the Secretary of 
     the Treasury should place al-Manar, a global satellite 
     television operation, on the Specially Designated Global 
     Terrorist list.
                                 ______
                                 
  SA 2160. Mr. GRASSLEY (for himself, Mr. Dorgan, and Mr. Bond) 
proposed an amendment to the bill H.R. 3058, making appropriations for 
the Departments of Transportation, Treasury, and Housing and Urban 
Development, the Judiciary, District of Columbia, and independent 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 356, between lines 4 and 5, insert the following:
       Sec. 408. (a) The division of the court shall release to 
     the Congress and to the public not later than 60 days after 
     the date of enactment of this Act all portions of the final 
     report of the independent counsel of the investigation of 
     Henry Cisneros made under section 594(h) of title 28, United 
     States Code, except for any such portions that contain 
     information of a personal nature that the division of the 
     court determines the disclosure of which would cause a 
     clearly unwarranted invasion of privacy that outweighs the 
     public interest in a full accounting of this investigation. 
     Upon the release of the final report, the final report shall 
     be published pursuant to section 594(h)(3) of title 28, 
     United States Code.
       (b)(1) After the release and publication of the final 
     report referred to in subsection (a), the independent counsel 
     shall continue his office only to the extent necessary and 
     appropriate to perform the noninvestigative and 
     nonprosecutorial tasks remaining of his statutory duties as 
     required to conclude the functions of his office.
       (2) The duties referred to in paragraph (1) shall 
     specifically include--
       (A) the evaluation of claims for attorney fees, pursuant to 
     section 593(l) of title 28, United States Code;
       (B) the transfer of records to the Archivist of the United 
     States pursuant to section 594(k) of title 28, United States 
     Code;
       (C) compliance with oversight obligations pursuant to 
     section 595(a) of title 28, United States Code; and
       (D) preparation of statements of expenditures pursuant to 
     section 595(c) of title 28, United States Code.
       (c)(1) The independent counsel shall have not more than 90 
     days after the release and publication of the final report 
     referred to in subsection (a) to complete his remaining 
     statutory duties unless the division of the court determines 
     that it is necessary for the independent counsel to have 
     additional time to complete his remaining statutory duties.
       (2) If the division of the court finds that the independent 
     counsel needs additional time under paragraph (1), the 
     division of the court shall issue a public report stating the 
     grounds for the extension and a proposed date for completion 
     of all aspects of the investigation of Henry Cisneros and 
     termination of the office of the independent counsel.
                                 ______
                                 
  SA 2161. Ms. CANTWELL (for herself, Mr. Coleman, Mr. Harkin, Mr. 
Bayh, Mr. Lugar, and Mr. Dayton) submitted an amendment intended to be 
proposed by her to the bill H.R. 3058, making appropriations for the 
Departments of Transportation, Treasury, and Housing and Urban 
Development, the Judiciary, District of Columbia, and independent 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 276, after line 24, insert the following:
       Sec. 1__. (a) In this section:
       (1) The term ``flexible fuel mixture'' means any mixture of 
     gasoline and ethanol up to 85 percent of which is ethanol, or 
     any mixture of diesel and biodiesel of which 85 percent is 
     biodiesel, as measured by volume.
       (2) The term ``light truck'' has the meaning given that 
     term in section 523.5 of title 49, Code of Federal 
     Regulations (or a successor regulation).
       (b) Not later than 90 days after the date of enactment of 
     this Act, using funds made available to the National Highway 
     Traffic Safety Administration, the Secretary of 
     Transportation shall prepare and submit to Congress a report 
     describing the feasibility and marginal production costs of 
     making all new passenger automobiles and light trucks sold in 
     the United States capable of using a flexible fuel mixture.
                                 ______
                                 
  SA 2162. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 293, after line 25, add the following:

     SEC. __. APPLICATION OF ARBITRAGE BOND REGULATIONS TO CERTAIN 
                   STATE REVOLVING FUNDS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Treasury shall submit a report 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate to provide a legal basis for 
     the application of section 1.148-1(c) of the United States 
     Treasury Regulations (regarding arbitrage bond regulations) 
     to the reserve funds held by the Clean Water and Safe 
     Drinking Water State revolving funds which generally contain 
     replacement proceeds but not bond proceeds.
                                 ______
                                 
  SA 2163. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION 1. DISTRICT JUDGESHIP FOR THE DISTRICT OF NEBRASKA.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the district of Nebraska.
       (b) Technical and Conforming Amendment.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to Nebraska and inserting the 
     following:

  ``Nebraska...................................................4''.....

                                 ______
                                 
  SA 2164. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 3058, making appropriations for the Departments 
of Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 276, after line 24, add the following:
       Sec. 1___. Section 543 of the National Energy Conservation 
     Policy Act (42 U.S.C. 8253) (as amended by section 103 of the 
     Energy Policy Act of 2005 (Public Law 109-58)) is amended by 
     adding at the end the following:
       ``(f) Reduction of Employee Vehicle Fuel Consumption by 
     Certain Federal Agencies.--
       ``(1) Definition of affected agency.--In this subsection, 
     the term `affected agency' means--

[[Page S11690]]

       ``(A) the Department of Transportation;
       ``(B) the Department of the Treasury;
       ``(C) the Department of Housing and Urban Development; and
       ``(D) any agency of the judicial branch of the Federal 
     Government.
       ``(2) Reduction of employee vehicle fuel consumption.--Each 
     affected agency shall take such actions as are necessary to 
     reduce the level of fuel consumed by vehicles of employees of 
     the affected agency (other than fuel used for military 
     purposes), in connection with the employment of the 
     employees, by (to the maximum extent practicable) at least 10 
     percent during the 1-year period beginning on the date of 
     enactment of this subsection.
       ``(3) Methods.--An affected agency may use such methods as 
     the agency determines are appropriate to achieve the target 
     established by paragraph (2), including--
       ``(A) telework;
       ``(B) carpooling;
       ``(C) bicycling and walking to work;
       ``(D) fuel-efficient trip planning;
       ``(E) public transportation use; and
       ``(F) limiting travel days for vehicle travel outside the 
     office.
       ``(4) Measurement.--An affected agency may use such 
     measures as the affected agency determines are appropriate to 
     determine whether the affected agency has achieved the target 
     established by paragraph (2), including certification of the 
     methods described in paragraph (3).''.
                                 ______
                                 
  SA 2165. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       At the appropriate place, add the following: Section 
     144(g)(1) of title 23, United States Code, is amended--
       (1) in subparagraph (A)(ii), by striking ``for the 
     construction of a bridge joining the Island of Gravina to the 
     community of Ketchikan in Alaska'' and inserting ``for the 
     reconstruction of the Twin Spans Bridge connecting New 
     Orleans, Louisiana, and Slidell, Louisiana'';
       (2) by striking subparagraph (B); and
       (3) by redesignating subparagraph (C) as subparagraph (B).
       (b) Item number 14 of the table contained in section 1302 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 
     1144) is amended--
       (1) by striking ``AK'' and inserting ``LA''; and
       (2) by striking ``Planning, design, and construction of 
     Knik Arm Bridge'' and inserting ``Reconstruction of Twin 
     Spans Bridge connecting New Orleans and Slidell, Louisiana''.
       (c) The table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59; 119 Stat. 1144) is 
     amended--
       (1) in item number 406--
       (A) by striking ``AK'' and inserting ``LA''; and
       (B) by striking ``Planning, design, and construction of a 
     bridge joining the Island of Gravina to the Community of 
     Ketchikan'' and inserting ``Reconstruction of Twin Spans 
     Bridge connecting New Orleans and Slidell, Louisiana'';
       (2) in item number 2465--
       (A) by striking ``AK'' and inserting ``LA''; and
       (B) by striking ``Planning, design, and construction of 
     Knik Arm Bridge'' and inserting ``Reconstruction of Twin 
     Spans Bridge connecting New Orleans and Slidell, Louisiana'';
       (3) in item number 3323--
       (A) by striking ``AK'' and inserting ``LA''; and
       (B) by striking ``Earthwork and roadway construction 
     Gravina Access Project'' and inserting ``Reconstruction of 
     Twin Spans Bridge connecting New Orleans and Slidell, 
     Louisiana''; and
       (4) in item number 3677--
       (A) by striking ``AK'' and inserting ``LA''; and
       (B) by striking ``Planning, design, and construction of 
     Knik Arm Bridge'' and inserting ``Reconstruction of Twin 
     Spans Bridge connecting New Orleans and Slidell, Louisiana''.
       (d) Item number 2 of the table contained in section 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 
     1144) is amended--
       (1) by striking ``AK'' and inserting ``LA''; and
       (2) by striking ``Improvements to the Knik Arm Bridge'' and 
     inserting ``Reconstruction of Twin Spans Bridge connecting 
     New Orleans and Slidell, Louisiana''.
       (e) Sections 1949, 4410, and 4411 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1144) are repealed.
       (f) No funds made available under this Act shall be used to 
     plan, design, or construct, in the State of Alaska--
       (1) the Knik Arm Bridge; or
       (2) a bridge joining the Island of Gravina to the community 
     of Ketchikan.
       (g) Nothing in this section or an amendment made by this 
     section affects the allocation of funds to any State other 
     than the States of Alaska and Louisiana.
                                 ______
                                 
  SA 2166. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3058, making appropriations for the Departments 
of Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 348, between lines 5 and 6, insert the following:

     SEC. 321. HOME MORTGAGE PROTECTION REVOLVING LOAN FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States the Home Mortgage Protection Revolving Loan 
     Fund (hereafter referred to in this section as the ``Fund'') 
     to carry out the lending and guarantee functions authorized 
     under this section.
       (b) Capital.--Except as provided under subsection (j), the 
     capital of the Fund shall remain available until expended.
       (c) Authorities, Scope, and Purposes; Conditions; Interest 
     Rate; Repayment.--
       (1) Loans authorized.--The Secretary is authorized to make 
     or guarantee loans, either directly or in cooperation with 
     banks or other organizations through agreements to 
     participate on an immediate or deferred basis, to eligible 
     financial institutions, for the purposes described in 
     subsection (e).
       (2) Conditions.--No loans, guarantees, or other financial 
     assistance shall be provided under this section unless the 
     Secretary determines that--
       (A) there is reasonable assurance of repayment of the loan;
       (B) the loan is not otherwise available on reasonable terms 
     from private sources or other Federal, State, or local 
     programs; and
       (C) the amount of the loan, together with other funds 
     available, is adequate to assure completion or achievement of 
     the purposes for which the loan is made.
       (3) Limitations.--
       (A) In general.--The Secretary may not loan amounts out of 
     the Fund to an eligible financial institution for mortgage 
     payments deferred under subsection (g) in an amount in excess 
     of the sum of 6 deferred mortgage payments.
       (B) Exclusion.--The amount calculated under subparagraph 
     (A) shall not include any deferrals that an eligible 
     financial institution granted to a mortgagor prior to the 
     date of enactment of this section.
       (C) Outstanding loan amount.--The total amount of 
     outstanding loan amounts under this section may not exceed 
     $2,000,000,000.
       (4) Interest rate.--Loans made by the Secretary pursuant to 
     this section shall bear interest at a rate equal to not less 
     than a rate determined by the Secretary of the Treasury, 
     taking into consideration the average market yield on 
     outstanding Treasury obligations of comparable maturity, plus 
     such additional charge, if any, toward covering other costs 
     of the program, as the Secretary may determine to be 
     consistent with its purposes.
       (5) Repayment.--All loans made under this section shall be 
     repayable within a period of not more than 30 years.
       (6) Adjustment of interest rates, moratorium on principal 
     and interest.--The Secretary is authorized to adjust interest 
     rates, grant moratoriums on repayment of principal and 
     interest, collect or compromise any obligations held by the 
     Secretary, and to take such other actions in respect to such 
     loans as the Secretary shall determine to be necessary or 
     appropriate, consistent with the purposes of this section.
       (d) Application.--An eligible financial institution seeking 
     a loan under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including providing 
     proper documentation to the Secretary that--
       (1) such financial institution is the holder of a mortgage;
       (2) mortgage payments have been deferred for 6 months under 
     subsection (g);
       (3) the property secured by the mortgage is located in an 
     affected area;
       (4) the property secured by mortgage was rendered unusable 
     or uninhabitable, or was completely destroyed, as a result of 
     Hurricane Katrina or Hurricane Rita; and
       (5) such financial institution has not initiated any 
     foreclosure proceeding against any property held by a 
     mortgagor for which the financial institution is seeking a 
     loan.
       (e) Use of Funds.--Amounts in the Fund may only be used to 
     provide loans to eligible financial institutions to reimburse 
     such financial institutions for mortgage payments deferred 
     under subsection (g).
       (f) Foreclosures.--
       (1) In general.--An eligible financial institution that 
     does not seek a loan under this section, may not foreclose on 
     property held by a mortgagor in an affected area, if the 
     mortgagor can demonstrate that the property meets the 
     requirements listed under subsection (d).
       (2) Reimbursement from fund.--If an eligible financial 
     institution is unable to foreclose under paragraph (1), such 
     financial institution may seek a loan under this section in 
     accordance with the provisions of this section.
       (3) Limitation.--An eligible financial institution may not 
     receive a loan under this section for mortgage payments 
     deferred under subsection (g) for any foreclosure proceeding 
     initiated prior to August 26, 2005.

[[Page S11691]]

       (4) Repayment for any property seized.--If an eligible 
     financial institution forecloses, or otherwise seizes or 
     disposes of, property held by a mortgagor in an affected 
     area, such financial institution shall repay to the Fund any 
     loan amounts received under this section.
       (g) Deferral of Mortgage Payments.--
       (1) In general.--An eligible financial institution shall 
     extend for an additional 6 months any deferral of mortgage 
     payments of a mortgagor initiated prior to August 26, 2005.
       (2) Reimbursement for extension.--An eligible financial 
     institution that extends the deferral of any mortgage 
     payments under paragraph (1) may seek a loan under this 
     section for reimbursement for the deferral of such mortgage 
     payments.
       (3) Refinance, reamortization, or restructuring of 
     mortgages.--An eligible financial institution may refinance, 
     reamortize, or restructure any mortgage deferred under 
     paragraph (1) to extend the term of such mortgage to cover 
     any mortgage payments missed or deferred under that 
     paragraph.
       (4) Limitation on refinancing.--If an eligible financial 
     institution exercises its authority to refinance, reamortize, 
     or restructure a mortgage under paragraph (3), such 
     institution shall repay to the Fund any amounts received 
     under paragraph (2).
       (5) Ineligibility of certain mortgagors.--An eligible 
     financial institution shall not extend the deferral of any 
     mortgage payments under paragraph (1), if the mortgagor has a 
     homeowners or other insurance policy that includes coverage 
     of mortgage payments.
       (h) Credit Protection.--A failure by a mortgagor to make a 
     mortgage payment on any property located in an affected area 
     shall not be reported to any consumer reporting agency, as 
     such term is defined under section 603 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681a).
       (i) Deposits.--
       (1) Investment.--To the extent that amounts in the Fund at 
     any time exceed the immediate needs of the Fund, the excess 
     shall be invested in short-term obligations of the United 
     States.
       (2) Interest.--To the extent that interest accrues on any 
     funds invested under paragraph (1), that interest shall 
     remain in the fund and shall be made available for the 
     purposes of this section.
       (j) Reversion of Funds To the Treasury.--Any amounts in the 
     Fund that are unexpended and unobligated after March 30, 
     2007, shall be covered into the General Fund of the Treasury 
     as miscellaneous receipts, and the Fund shall be terminated.
       (k) Regulations.--Not later than 15 days after the date of 
     enactment of this section, the Secretary shall issue 
     regulations necessary to carry out the administration of this 
     section and to ensure that the purposes of this section are 
     accomplished.
       (l) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Affected area.--The term ``affected area'' means any 
     area--
       (A) with respect to which the President has declared a 
     major disaster pursuant to title IV of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) as a result of Hurricane Katrina or Hurricane Rita; 
     or
       (B) that is determined to be eligible for disaster relief 
     under other Federal law by reason of damage related to 
     Hurricane Katrina or Hurricane Rita.
       (2) Eligible financial institution.--The term ``eligible 
     financial institution'' means any--
       (A) commercial bank;
       (B) community bank;
       (C) mortgage bank;
       (D) credit union;
       (E) enterprise, as that term is defined in section 1303 of 
     the Housing and Community Development Act of 1992 (12 U.S.C. 
     4502);
       (F) Bank, as that term is used in the Housing and Community 
     Development Act of 1992 (12 U.S.C. 4501 et seq.); or
       (G) other lender approved by the Secretary as eligible for 
     insurance under section 2 of the National Housing Act (12 
     U.S.C. 1703).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (m) Funding.--The Fund shall consist of the remaining 
     amounts provided for in the Disaster Relief Fund under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.), as in effect on the date of 
     enactment of this section, and includes such funds as may be 
     deposited in the Disaster Relief Fund from funds made 
     available by this or any other Act.
                                 ______
                                 
  SA 2167. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3058, making appropriations for the Departments 
of Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 219, line 14, insert after ``$15,000,000'' the 
     following: ``, of which $5,000,000 shall be made available to 
     provide a grant to the Louisiana Department of Transportation 
     and Development to establish a program under which the 
     Louisiana Department of Transportation and Development shall 
     provide grants to parish and municipal governments in the 
     State of Louisiana that experience a significant spike in 
     population because of an unexpected influx of hurricane 
     evacuees, as determined by the Louisiana Department of 
     Transportation and Development, to quickly implement smart 
     and innovative plans to alleviate traffic congestion and to 
     address increased transportation demands in the affected 
     communities''.
                                 ______
                                 
  SA 2168. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3058, making appropriations for the Departments 
of Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 276, after line 24, add the following:
       Sec. 1__. (a) In addition to amounts available to carry out 
     section 10204 of the Safe, Accountable, Flexible, and 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59) as of the date of enactment of this Act, 
     of the amounts made available by this Act, $1,000,000 shall 
     be used by the Secretary of Transportation and the Secretary 
     of Homeland Security to jointly--
       (1) complete the review and assessment of catastrophic 
     hurricane evacuation plans under that section; and
       (2) submit to Congress, not later than June 1, 2006, the 
     report described in subsection (d) of that section.
       (b) Section 10204 of the Safe, Accountable, Flexible, and 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59) is amended--
       (1) in subsection (a)--
       (A) by inserting after ``evacuation plans'' the following: 
     ``(including the costs of the plans)''; and
       (B) by inserting ``and other catastrophic events'' before 
     ``impacting'';
       (2) in subsection (b), by striking ``and local'' and 
     inserting ``parish, county, and municipal''; and
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``safe and'' before 
     ``practical'';
       (B) in paragraph (2), by inserting after ``States'' the 
     following: ``and adjoining jurisdictions'';
       (C) in paragraph (3), by striking ``and'' after the 
     semicolon at the end;
       (D) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (E) by adding at the end the following:
       ``(5) the availability of food, water, restrooms, fueling 
     stations, and shelter opportunities along the evacuation 
     routes;
       ``(6) the time required to evacuate under the plan; and
       ``(7) the physical and mental strains associated with the 
     evacuation.''.
                                 ______
                                 
  SA 2169. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 3058, making appropriations for the Departments 
of Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. UPDATED FUEL ECONOMY LABELING PROCEDURES.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall, as appropriate and in consultation 
     with the Administrator of the National Highway Traffic Safety 
     Administration, update and revise the process used to 
     determine fuel economy values for labeling purposes as set 
     forth in sections 600.209-85 and 600.209.95 of title 40, Code 
     of Federal Regulations, to take into consideration current 
     factors such as speed limits, acceleration rates, braking, 
     variations in weather and temperature, vehicle load, use of 
     air conditioning, driving patterns, and the use of other fuel 
     consuming features. The Administrator shall use existing 
     emissions test cycles and, or, updated adjustment factors to 
     implement the requirements of this subsection.
       (b) Deadline.--The Administrator of the Environmental 
     Protection Agency shall--
       (1) publish a notice of proposed rulemaking not later than 
     March 31, 2006, to carry out subsection (a); and
       (2) promulgate a final rule not later than 18 months after 
     the date on which the Administrator issues the notice under 
     paragraph (1).
       (c) Report.--Three years after issuing the final rule 
     required by subsection (b), and every 3 years thereafter, the 
     Administrator of the Environmental Protection Agency shall 
     reconsider the fuel economy labeling procedures required 
     under subsection (a) to determine if the changes in the 
     factors require revisiting the process. The Administrator 
     shall report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives on the outcome of 
     the reconsideration process.
                                 ______
                                 
  SA 2170. Mr. CARPER submitted an amendment intended to be proposed by

[[Page S11692]]

him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 252, between lines 11 and 12, insert the following: 
     ``Provided further, That the Comptroller General shall submit 
     a report to Congress that describes the potential 
     liabilities, operational and capital costs, tax implications, 
     administrative costs, and other costs associated with the 
     Corporation creating a wholly owned Northeast Corridor 
     subsidiary and transferring the Northeast Corridor 
     infrastructure to such subsidiary before the Corporation 
     takes further steps toward creating such a subsidiary:''.
                                 ______
                                 
  SA 2171. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 252, between lines 11 and 12, insert the following: 
     ``Provided further, That the Corporation shall submit a 
     report to Congress that describes the costs, including 
     staffing costs, associated with creating a wholly owned 
     Northeast Corridor subsidiary and transferring the Northeast 
     Corridor infrastructure into such subsidiary before the 
     Corporation takes any further steps toward creating such a 
     subsidiary:''.
                                 ______
                                 
  SA 2172. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 253, after line 22, insert the following:
       Sec. 143. (a) The Senate finds the following:
       (1) Only 1 member of the Board of Directors of the 
     Corporation has been confirmed by the Senate.
       (2) Two other members of the Board were recess appointments 
     whose terms expire at the end of the first session of the 
     109th Congress.
       (3) Three seats on the Board are vacant and no nominations 
     have been submitted to the Senate to fill these vacancies.
       (4) The Corporation's ability to take major actions is 
     compromised by having only 1 member of the Board who has been 
     confirmed by the Senate.
       (b) It is the sense of the Senate that--
       (1) the President should appoint sufficient new members to 
     the Board of Directors of the Corporation to fill all 
     existing and anticipated vacancies and submit such 
     appointments to the Senate not later than December 31, 2005; 
     and
       (2) the Senate should act on such nominations as quickly as 
     possible.
                                 ______
                                 
  SA 2173. Mr. COLEMAN (for himself, Mr. Levin, Mr. Akaka, and Mr. 
Carper) submitted an amendment intended to be proposed by him to the 
bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 406, between lines 7 and 8, insert the following:

     SEC. 724. PAYMENTS TO FEDERAL CONTRACTORS WITH FEDERAL TAX 
                   DEBT.

       The General Services Administration, in conjunction with 
     the Financial Management Service, shall develop procedures to 
     subject purchase card payments to Federal contractors to the 
     Federal Payment Levy Program.

     SEC. 520. REPORTING OF AIR TRAVEL BY FEDERAL GOVERNMENT 
                   EMPLOYEES.

       (a) Annual Reports Required.--The Administrator of General 
     Services shall submit annually to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Government Reform of the House of 
     Representatives a report on all first class and business 
     class travel by employees of each agency undertaken at the 
     expense of the Federal Government.
       (b) Contents.--The reports submitted pursuant to subsection 
     (a) shall include, at a minimum, with respect to each travel 
     by first class or business class--
       (1) the names of each traveler;
       (2) the date of travel;
       (3) the points of origination and destination;
       (4) the cost of the first class or business class travel; 
     and
       (5) the cost difference between such travel and travel by 
     coach class fare available under contract with the General 
     Services Administration or, if no contract is available, the 
     lowest coach class fare available.
       (c) Agency Defined.--(1) Except as provided in paragraph 
     (2), in this section, the term ``agency'' has the meaning 
     given such term in section 5701(1) of title 5, United States 
     Code.
       (2) The term does not include any element of the 
     intelligence community as set forth in or designated under 
     section 3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)).
                                 ______
                                 
  SA 2174. Mr. BOND (for himself and Mrs. Murray) proposed an amendment 
to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 384, after line 13, insert the following:
       Sec. __. The Administrator of General Services shall 
     require that all credible sustainable building rating systems 
     that award credits for certified wood products in the rating 
     system be included in the published building design criteria 
     or specifications of any solicitation for offers issued by 
     the General Services Administration (GSA) for construction of 
     a Federal building or courthouse: Provided, That the 
     Administrator may only consider sustainable forest management 
     certification programs that are currently in use in the 
     United States and consistent with the Federal government's 
     goals of environmental stewardship: Provided further, That 
     not later than 90 days after enactment of this Act, the 
     Administrator shall report to the relevant congressional 
     committees of jurisdiction on the appropriateness of 
     individual forest management certification programs for use 
     within GSA's sustainable building program, including a 
     schedule for incorporating any additional such programs into 
     the system through regulations.
                                 ______
                                 
  SA 2175. Mr. BOND (for himself and Mrs. Murray) proposed an amendment 
to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 216, after line 23, insert the following:

     DIVISION A--TRANSPORTATION, TREASURY, THE JUDICIARY, HOUSING 
                   AND URBAN DEVELOPMENT, AND RELATED AGENCIES 
                   APPROPRIATIONS ACT, 2006

                                 ______
                                 
  SA 2176. Mr. BOND (for himself and Mrs. Murray) proposed an amendment 
to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 436, line 11, strike ``Act'' and insert in lieu 
     thereof ``division''.
                                 ______
                                 
  SA 2177. Mr. BOND proposed an amendment to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; as follows:

       At the appropriate place in the bill, insert the following:
       Sec. __. Section 14711(c) of title 49, United States Code, 
     is amended by--
       (1) striking ``; and'' at the end of paragraph (1) and 
     inserting ``;'';
       (2) striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) inserting the following after paragraph (2):
       ``(3) be substituted, upon the filing of a motion with the 
     court, for the State as parens patriae in the action.''.
                                 ______
                                 
  SA 2178. Mr. BOND (for Mr. Reid) proposed an amendment to the bill 
H.R. 3058, making appropriations for the Departments of Transportation, 
Treasury, and Housing and Urban Development, the Judiciary, District of 
Columbia, and independent agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) In this section:
       (1) The term ``Conservation Area'' means the Sloan Canyon 
     National Conservation Area established by section 604(a) of 
     the Clark County Conservation of Public Land and Natural 
     Resources Act of 2002 (116 Stat. 2010).
       (2) The term ``County'' means Clark County, Nevada.
       (3)(A) The term ``helicopter tour'' means a commercial 
     helicopter tour operated for profit.

[[Page S11693]]

       (B) The term ``helicopter tour'' does not include a 
     helicopter tour that is carried out to assist a Federal, 
     State, or local agency.
       (4) The term ``Secretary'' means the Secretary of the 
     Interior.
       (5) The term ``Wilderness'' means the North McCullough 
     Mountains Wilderness established by section 202(a)(13) of the 
     Clark County Conservation of Public Land and Natural 
     Resources Act of 2002 (116 Stat. 2000).
       (b) As soon as practicable after the date of enactment of 
     this Act, the Secretary shall convey to the County, subject 
     to valid existing rights, for no consideration, all right, 
     title, and interest of the United States in and to the parcel 
     of land described in subsection (c).
       (c) The parcel of land to be conveyed under subsection (b) 
     is the parcel of approximately 229 acres of land depicted as 
     tract A on the map entitled ``Clark County Public Heliport 
     Facility'' and dated May 3, 2004.
       (d)(1) The parcel of land conveyed under subsection (b)--
       (A) shall be used by the County for the operation of a 
     heliport facility under the conditions stated in paragraphs 
     (2), (3), and (4); and
       (B) shall not be disposed of by the County.
       (2)(A) Any operator of a helicopter tour originating from 
     or concluding at the parcel of land described in subsection 
     (c) shall pay to the Clark County Department of Aviation a $3 
     conservation fee for each passenger on the helicopter tour if 
     any portion of the helicopter tour occurs over the 
     Conservation Area.
       (B)(i) Not earlier than 10 years after the date of 
     enactment of this Act and every 10 years thereafter, the 
     Secretary shall conduct a review to determine whether to 
     raise the amount of the conservation fee.
       (ii) After conducting a review under clause (i) and 
     providing an opportunity for public comment, the Secretary 
     may raise the amount of the conservation fee in an amount 
     determined to be appropriate by the Secretary, but by not 
     more than 50 percent of the amount of the conservation fee in 
     effect on the day before the date of the increase.
       (3)(A) The amounts collected under paragraph (2) shall be 
     deposited in a special account in the Treasury of the United 
     States.
       (B) Of the amounts deposited under subparagraph (A)--
       (i) \2/3\ of the amounts shall be available to the 
     Secretary, without further appropriation, for the management 
     of cultural, wildlife, and wilderness resources on public 
     land in the State of Nevada; and
       (ii) \1/3\ of the amounts shall be available to the 
     Director of the Bureau of Land Management, without further 
     appropriation, for the conduct of Bureau of Land Management 
     operations for the Conservation Area and the Red Rock Canyon 
     National Conservation Area.
       (4)(A) Except for safety reasons, any helicopter tour 
     originating or concluding at the parcel of land described in 
     subsection (c) that flies over the Conservation Area shall 
     not fly--
       (i) over any area in the Conservation Area except the area 
     that is between 3 and 5 miles north of the latitude of the 
     southernmost boundary of the Conservation Area;
       (ii) lower than 1,000 feet over the eastern segments of the 
     boundary of the Conservation Area; or
       (iii) lower than 500 feet over the western segments of the 
     boundary of the Conservation Area.
       (B) The Administrator of the Federal Aviation 
     Administration shall establish a special flight rules area 
     and any operating procedures that the Administrator 
     determines to be necessary to implement subparagraph (A).
       (5) If the County ceases to use any of the land described 
     in subsection (c) for the purpose described in paragraph 
     (1)(A) and under the conditions stated in paragraph (2)--
       (A) title to the parcel shall revert to the United States, 
     at the option of the United States; and
       (B) the County shall be responsible for any reclamation 
     necessary to revert the parcel to the United States.
       (e) The Secretary shall require, as a condition of the 
     conveyance under subsection (b), that the County pay the 
     administrative costs of the conveyance, including survey 
     costs and any other costs associated with the transfer of 
     title.
                                 ______
                                 
  SA 2179. Mr. BOND (for Mr. Durbin (for himself and Mr. Obama)) 
proposed an amendment to the bill H.R. 3058, making appropriations for 
the Departments of Transportation, Treasury, and Housing and Urban 
Development, the Judiciary, District of Columbia, and independent 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 406, between lines 7 and 8, insert the following:

     SEC. 724. REPORT ON EVERGREEN TERRACE.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall conduct a study and prepare a report that 
     describes the progress, if any, in improving the living 
     conditions of the tenants of the Evergreen Terrace I and 
     Evergreen Terrace II housing complexes located in Joliet, 
     Illinois, by the owners of such complexes.
       (b) Interim Report.--Not later than 6 months after the date 
     of enactment of this Act, the Secretary of Housing and Urban 
     Development shall submit to Congress an interim report on the 
     findings of the study required under subsection (a).
       (c) Final Report.--Not later than 12 months after the date 
     of enactment of this Act, the Secretary of Housing and Urban 
     Development shall submit to Congress a final report that 
     describes--
       (1) the findings of the study required under subsection 
     (a); and
       (2) any conclusions and recommendations of such study.
                                 ______
                                 
  SA 2180. Mr. BOND (for Mrs. Murray) proposed an amendment to the bill 
H.R. 3058, making appropriations for the Departments of Transportation, 
Treasury, and Housing and Urban Development, the Judiciary, District of 
Columbia, and independent agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 432, line 22, strike ``2006.'' and insert ``2007.''
       On page 433, line 5, strike ``$6,000,000'' and insert 
     ``$10,000,000''
       On page 433, line 9, insert after ``upgrades'' the 
     following: ``, including the replacement of the fuel farm 
     facility''
                                 ______
                                 
  SA 2181. Mr. STEVENS (for himself, Ms. Murkowski, and Mr. Frist) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3058, making appropriations for the Departments of Transportation, 
Treasury, and Housing and Urban Development, the Judiciary, District of 
Columbia, and independent agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. No funds provided under Section 1702 of the Safe 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59; 119 Stat. 1144) for the 
     construction or reconstruction of any bridge shall be 
     expended until nonemerging funds have been made available for 
     the repair of the Twin Spans Bridge connecting New Orleans 
     and Slidell, Louisiana.
                                 ______
                                 
  SA 2182. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 293, after line 25, add the following:

     SEC. __. PROHIBITION ON FUNDING OF FEDERAL CONTRACTS WITH 
                   EXPATRIATED ENTITIES.

       (a) In General.--None of the funds appropriated or 
     otherwise made available by this Act may be used for any 
     Federal Government contract with any foreign incorporated 
     entity which is treated as an inverted domestic corporation 
     under section 835(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 395(b)) or any subsidiary of such an entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
                                 ______
                                 
  SA 2183. Mr. BOND (for Mr. Frist (for himself, Mrs. Dole, and Mrs. 
Boxer)) proposed an amendment to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; as follows:

       On page 310, line 16, after ``tribal areas'', insert the 
     following: ``, and of which $5,000,000 shall be for capacity 
     building activities administered by Habitat for Humanity 
     International''.
                                 ______
                                 
  SA 2184. Mr. BOND (for Mrs. Murray) proposed an amendment to the bill 
H.R. 3058, making appropriations for the Departments of Transportation, 
Treasury, and Housing and Urban Development, the Judiciary, District of 
Columbia, and independent agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 253, after line 22, insert the following:
       ``Sec. __. Notwithstanding any other provision of law, 
     funds made available to the Federal Railroad Administration 
     for the Spokane Region High Speed Rail Corridor Study on page 
     1420 of the Joint Explanatory Statement of the Committee of 
     Conference for Public Law 108-447 (House Report 108-792) 
     shall be made available to the Washington State Department of 
     Transportation for track and grade crossing improvements 
     under the Bridging the Valley project between Spokane County, 
     Washington and Kootenai County, Idaho.''

[[Page S11694]]

                                 ______
                                 
  SA 2185. Mr. BOND proposed an amendment to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; as follows:

       On page 383, strike line 21 and all that follows through 
     line 6 on page 384.
                                 ______
                                 
  SA 2186. Mr. BOND (for Mr. Nelson of Florida (for himself and Mr. 
Smith)) proposed an amendment to bill H.R. 3058, making appropriations 
for the Departments of Transportation, Treasury, and Housing and Urban 
Development, the Judiciary, District of Columbia, and independent 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 293, after line 25, insert the following:
       Sec. 221. It is the sense of Congress that the Secretary of 
     the Treasury should place al-Manar, a global satellite 
     television operation, on the Specially Designated Global 
     Terrorist list.
                                 ______
                                 
  SA 2187. Mr. BOND (for Mr. Lott (for himself and Mr. Lautenberg)) 
proposed an amendment to the bill H.R. 3058, making appropriations for 
the Departments of Transportation, Treasury, and Housing and Urban 
Development, the Judiciary, District of Columbia, and independent 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 250, line 9, strike ``Provided, That,'' and all 
     that follows through page 252, line 17, and insert 
     ``Provided, That the Corporation may impose a passenger 
     service surcharge on each ticket issued equivalent to 5 
     percent of the value of said ticket for all tickets issued 
     for travel in the Northeast Corridor, or route segment, 
     between Washington, DC and Boston, MA and equivalent to 2 
     percent of the value of said ticket price for all tickets 
     issued for travel on a route outside the Northeast Corridor, 
     the proceeds of which shall be used for capital investments: 
     Provided further, That the Corporation shall not impose said 
     surcharge if it finds that such a surcharge shall have a 
     deleterious impact on ridership and revenues: Provided 
     further, That of the funds provided under this section, not 
     less than $5,000,000 shall be expended for the development 
     and implementation of a managerial cost accounting system, 
     which includes average and marginal unit cost capability: 
     Provided further, That within 30 days of development of the 
     managerial cost accounting system, the Department of 
     Transportation Inspector General shall review and comment to 
     the Secretary of Transportation and the House and Senate 
     Committees on Appropriations, upon the strengths and 
     weaknesses of the system and how it best can be implemented 
     to improve decision making by the Board of Directors and 
     management of the Corporation.''.
                                 ______
                                 
  SA 2188. Mr. BOND (for Mr. Lautenberg) proposed an amendment to the 
bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 227, line 7, strike the period and insert the 
     following: ``: Provided further, That not later than December 
     31, 2015, the owner or operator of an airport certificated 
     under 49 U.S.C. 44706 shall improve the airport's runway 
     safety areas to comply with the Federal Aviation 
     Administration design standards required by 14 CFR part 139: 
     Provided further, That the Federal Aviation Administration 
     shall report annually to the Congress on the agency's 
     progress toward improving the runway safety areas at 49 
     U.S.C. 44706 airports.''
                                 ______
                                 
  SA 2189. Mr. BOND (for Mr. Coleman (for himself, Mr. Dayton, and Mr. 
DeWine)) proposed an amendment to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. ALL-TERRAIN VEHICLES.

       (a) In General.--Notwithstanding any other provision of 
     law, it is unlawful for any manufacturer or wholesale 
     distributor to distribute in commerce in the United States 
     any new assembled or unassembled ATV unless--
       (1)(A) with respect to an ATV designed for use by single 
     operator only, such ATV complies with any applicable 
     provision of--
       (i) the American National Standard for Four Wheel All-
     Terrain Vehicles - Equipment, Configuration, and Performance 
     Requirements developed by the Specialty Vehicle Institute of 
     America (American National Standard ANSI/SVIA-1-2001);
       (ii) a revision of such Standard; or
       (iii) a mandatory rule promulgated by the Consumer Product 
     Safety Commission; or
       (iv) such alternative standard that may be accepted by the 
     Commission;
       (B) with respect to an ATV designed for use by an operator 
     and passengers, such ATV complies with any applicable 
     provisions of any future American National Standard developed 
     for such vehicles or such alternative standard that may be 
     accepted by the Commission;
       (2) with respect to an ATV, it is subject to or covered by 
     a letter of undertaking or an ATV action plan that is sent 
     not more than 30 days after the date of enactment of this 
     Act--
       (A) applies to such ATV;
       (B) includes actions to promote ATV safety; and
       (C) has been approved by the Commission and is 
     substantially implemented at the time of the distribution in 
     commerce of such ATV; and
       (3) such ATV bears a permanent label certifying that it 
     complies with the provisions of paragraphs (1) and (2).
       (b) Definitions.--In this section:
       (1) ATV.--The term ``ATV'' means any motorized, off-
     highway, all-terrain vehicle designed to travel on 4 wheels, 
     having a seat designed to be straddled by the operator and 
     handlebars for steering control and does not include a 
     prototype of an motorized, off-highway, all-terrain vehicle 
     or other off-highway, all-terrain vehicle that is intended 
     exclusively for research and development purposes.
       (2) Commission, distribution in commerce, to distribute in 
     commerce, united states.--The terms ``Commission'', 
     ``distribution in commerce'', ``to distribute in commerce'', 
     and ``United States'' have the meaning given those terms in 
     section 3(a) of the Consumer Product Safety Act (15 U.S.C. 
     2052(a)).
       (c) Violation of CPSA.--Any violation of subsection (a) 
     shall be considered to be a prohibited act within the meaning 
     of section 19 of the Consumer Product Safety Act (15 U.S.C. 
     2068) and shall be subject to the penalties and remedies 
     available for prohibited acts under the Consumer Product 
     Safety Act.
       (d) Effective Date.--This section shall become effective 90 
     days after the date of the enactment of this Act.
                                 ______
                                 
  SA 2190. Mr. BOND (for Mr. Coburn) proposed an amendment to the bill 
H.R. 3058, making appropriations for the Departments of Transportation, 
Treasury, and Housing and Urban Development, the Judiciary, District of 
Columbia, and independent agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 406, between lines 7 and 8, insert the following:

     SEC. 724. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RISK 
                   ASSESSMENT.

       (a) Estimate.--The Secretary of Housing and Urban 
     Development shall estimate improper payments for the 
     community development block grant program under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.) pursuant to section 2 of the Improper Payments 
     Information Act of 2002 (Public Law 107-300).
       (b) Report.--Not later than 60 days after the date of 
     enactment of this section, the Secretary shall report to 
     Congress on specific actions taken to estimate improper 
     payments in the community development block grant program to 
     comply with section 2 of the Improper Payments Information 
     Act of 2002, including a schedule for full compliance with 
     such Act within fiscal year 2006.
       (c) Failure to Report.--If the Secretary fails to report to 
     Congress on specific actions taken to estimate improper 
     payments as required under subsection (b), funds for the 
     community development block grant program shall be halted 
     until such report is submitted.
                                 ______
                                 
  SA 2191. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 3058, making appropriations for the Departments of 
Transportation, Treasury, and Housing and Urban Development, the 
Judiciary, District of Columbia, and independent agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 348, between lines 5 and 6, insert the following:

     SEC. 321. EMERGENCY ASSISTANCE FOR UNANTICIPATED INCREASES IN 
                   UTILITY RATES.

       (a) Public Housing Agencies.--
       (1) In general.--To address unanticipated increases in 
     utility rates, there are appropriated $362,000,000, to public 
     housing agencies for the operation and management of public 
     housing, as authorized under section 9(e) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437g(e)).
       (2) Distribution of funds.--Public housing agencies shall 
     be entitled to reimbursement for utility cost increases from 
     funds made available under paragraph (1), upon submission of 
     proof to the Secretary of such increases.
       (b) Section 8 Residents.--

[[Page S11695]]

       (1) In general.--To address unanticipated increases in 
     utility rates, there are appropriated $498,000,000, to be 
     available to residents receiving tenant-based rental 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (2) Distribution of funds.--Public housing agencies 
     administering tenant-based rental assistance under section 8 
     shall be entitled to additional funds made available under 
     paragraph (1) to provide for utility allowance increases for 
     section 8 participants upon submission of proof to the 
     Secretary of such utility allowance cost increases.
       (3) Payment standard.--The payment standard limitation 
     under section 8(o)(1) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(o)(1)) may be exceeded without prior 
     approval by the Secretary in instances where an increase in 
     the utility allowance of a resident under paragraph (1) 
     causes the assistance needs of that resident to rise above 
     such limit.
       (c) Emergency Designation.--The amounts appropriated under 
     subsections (a) and (b) are designated as an emergency 
     requirement under section 402 of H. Con. Res. 95 (109th 
     Congress).
                                 ______
                                 
  SA 2192. Mr. BINGAMAN (for himself and Mr. Akaka) submitted an 
amendment intended to be proposed by him to the bill H.R. 3058, making 
appropriations for the Departments of Transportation, Treasury, and 
Housing and Urban Development, the Judiciary, District of Columbia, and 
independent agencies for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 290, between lines 14 and 15, insert the following:
       Sec. _____. Of the funds made available by this Act to the 
     Internal Revenue Service, not less than $10,000,000 shall be 
     available for grants to provide matching funds for the 
     development, expansion, or continuation of not-for-profit and 
     volunteer tax return preparation clinics serving low-income 
     taxpayers under a program similar to the low-income taxpayer 
     clinics program under section 7526 of the Internal Revenue 
     Code of 1986.

                          ____________________