[Congressional Record Volume 153, Number 8 (Tuesday, January 16, 2007)]
[Senate]
[Pages S579-S610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LAUTENBERG (for himself, Mr. Lott, Mr. Inouye, Mr.
Stevens, Mr. Specter, Mr. Carper, Mrs. Hutchison, Mrs. Boxer,
Ms. Snowe, Mr. Dorgan, Mr. Burr, Mrs. Clinton, Mr. Durbin, Mr.
Biden, Mr. Menendez, Mr. Kerry, Mr. Kennedy, Mr. Schumer, Mr.
Pryor, and Mr. Cardin):
S. 294. A bill to reauthorize Amtrak, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Mr. LAUTENBERG. Mr. President, together with my good friend--the new
Minority Whip--Senator Trent Lott I rise to introduce S. 294, the
Passenger Rail Investment and Improvement Act of 2007.
After several gloomy years, the future of America's passenger
railroad is bright. This legislation will provide the necessary
resources to bring Amtrak up to speed as a real alternative to taking a
plane or driving a car.
As we did in the past, we have joined forces to strengthen Amtrak and
intercity passenger rail services for all Americans. But today, we
introduce an updated version of last Congress's Amtrak reauthorization
and passenger rail expansion bill. S. 1516, the Passenger Rail
Investment and Improvement (PRIIA) Act of 2005.
I co-authored this legislation with Senator Lott, then Chairman of
the Commerce Committee's Surface Transportation and Merchant Marine
Subcommittee, so that we could finally provide Amtrak with the funding
and support it needs to thrive. The Commerce Committee favorably
reported this bill, and Senator Lott and I added it to last Congress's
Budget Reconciliation package, where it was adopted by an overwhelming
vote of 93 to 6. Despite the bipartisan support, the House failed to
act, so Amtrak was left without a necessary reauthorization.
Now, in the new Congress, I am the chair of the Commerce Committee's
Surface Transportation and Merchant Marine Subcommittee. Working with
Senator Lott, and our bipartisan group of cosponsors, we are going to
get our Amtrak bill through the Senate. This time, I believe the House
will be ready, willing, and able to match our efforts, so that we can
send a bill to the President for his signature.
Every year, Amtrak is forced to fight for Federal funding--funding
that has been insufficient at best. But as air and highway congestion
continue to worsen, and concerns over our dependence on foreign oil
remain, we must expand the capacity and improve the quality of our
passenger rail system.
One needs only to look to Europe and Asia to see the benefits that a
modern
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passenger rail system can bring to a nation. Germany, which invested
nine billion dollars in its rail system 2003 alone, has a modern, high-
speed rail system that reduces pollution, eases congestion and improves
mobility for all of its citizens. The benefits of their world class
system are obvious to anyone who travels there. We need the same world
class system in our country.
The era of the free and easy interstate and quick, hassle-free
flights has come and gone, and time for us to make real investments in
our passenger rail system has come. If we do not invest in Amtrak now,
I fear for our country's economy and quality of life over the coming
years. We simply cannot afford to rely solely on air travel or
automobiles if we are going to keep this country moving.
The terror and tragedy we experienced on 9/11 taught us that we
cannot rely solely on our aviation system. Last fall, Hurricane Katrina
highlighted the role that passenger rail could play in evacuating
residents who do not own automobiles. Hurricane Rita demonstrated the
limits of our highway system, as evacuees' vehicles crawled to a stop
in bumper-to-bumper traffic. Each one of these disasters reminded us
that our Nation needs Amtrak and better train service to provide
options for the traveling public--in good times and in bad.
The bill we introduce today is the most comprehensive reauthorization
of Amtrak ever attempted by this body. We have worked with Amtrak,
freight railroads, the States and rail labor to draft strong and
comprehensive legislation.
Our bill authorizes nearly $12 billion in Federal support to expand
partnerships for passenger rail with the States, improve the Northeast
Corridor and provide real rail security for the Nation. Additionally,
Senator Lott and I filed an amendment today to this bill which would
add $7.8 billion in bonding authority for States and Amtrak to develop
rail infrastructure. This bonding authority would augment the
appropriated funds authorized by this bill and provide Amtrak and the
States with a reliable, multi-year source of capital for major
projects. We look forward to working with the Finance Committee to
consider this proposal.
Our bill also requires significant reforms of Amtrak: The system's
supporters and detractors alike agree that it is time to reauthorize
the Corporation so that Amtrak has congressional guidance on how to
proceed with important reform initiatives needed to improve service,
grow revenues, and cut costs.
People in New Jersey rely on Amtrak and want to be sure that the
system will be there for them in the future. With this plan, it will.
Last year, 93 Senators voted for this plan. I ask that my colleagues,
once again, join Senator Lott and myself in supporting this important
bill that will bring America's passenger rail system into the 21st
Century.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 294
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passenger Rail Investment
and Improvement Act of 2007''.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
Act 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 Act 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. 400. Short title.
Sec. 401. Rail transportation security risk assessment.
Sec. 402. Systemwide Amtrak security upgrades.
Sec. 403. Fire and life-safety improvements.
Sec. 404. Freight and passenger rail security upgrades.
Sec. 405. Rail security research and development.
Sec. 406. Oversight and grant procedures.
Sec. 407. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 408. Northern border rail passenger report.
Sec. 409. Rail worker security training program.
Sec. 410. Whistleblower protection program.
Sec. 411. High hazard material security threat mitigation plans.
Sec. 412. Memorandum of agreement.
Sec. 413. Rail security enhancements.
Sec. 414. Public awareness.
Sec. 415. Railroad high hazard material tracking.
Sec. 416. Authorization of appropriations.
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 2007, $580,000,000.
(2) For fiscal year 2008, $590,000,000.
(3) For fiscal year 2009, $600,000,000.
(4) For fiscal year 2010, $575,000,000.
(5) For fiscal year 2011, $535,000,000.
(6) For fiscal year 2012, $455,000,000.
(b) Capital Grants.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for capital projects (as defined in subparagraphs
(A) and (B) of section 24401(2) of title 49, United States
Code) 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 under section 24402 of
that title to States, the following amounts:
(1) For fiscal year 2007, $813,000,000.
(2) For fiscal year 2008, $910,000,000.
(3) For fiscal year 2009, $1,071,000,000.
(4) For fiscal year 2010, $1,096,000,000.
(5) For fiscal year 2011, $1,191,000,000.
(6) For fiscal year 2012, $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 24402 of title 49, United States Code,
to be administered by the Secretary of Transportation:
(1) 3 percent for fiscal year 2007.
(2) 11 percent for fiscal year 2008.
(3) 23 percent for fiscal year 2009.
(4) 25 percent for fiscal year 2010.
(5) 31 percent for fiscal year 2011.
(6) 33 percent for fiscal year 2012.
(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
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of the Federal Railroad Administration such sums as necessary
to implement the provisions required under this Act for
fiscal years 2007 through 2012.
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 2007, $153,900,000.
(B) For fiscal year 2008, $153,400,000.
(C) For fiscal year 2009, $180,600,000.
(D) For fiscal year 2010, $182,800,000.
(E) For fiscal year 2011, $189,400,000.
(F) For fiscal year 2012, $202,600,000.
(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 2007, $139,600,000.
(B) For fiscal year 2008, $131,300,000.
(C) For fiscal year 2009, $121,700,000.
(D) For fiscal year 2010, $111,900,000.
(E) For fiscal year 2011, $101,900,000.
(F) For fiscal year 2012, $90,200,000.
(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 2007, 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 2007 through 2012
to carry out the rail cooperative research program under
section 24910 of title 49, United States Code;
(2) $5,000,000 for fiscal year 2008, 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 2008, 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 system'
means--
``(A) the segment of the Northeast Corridor between Boston,
Massachusetts and Washington, D.C.;
``(B) rail corridors that have been designated by the
Secretary of Transportation as high-speed corridors (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 2007;
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:
`` 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
may 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 Act 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 10 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) 8 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 a 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 (1)(C) of
this subsection serves for 5 years or until the individual's
successor is appointed and qualified. Not more than 5
individuals appointed under paragraph (1)(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)(1)(C) of this section to fill a vacancy
occurring before the end of the term for which the
predecessor of that individual was appointed is appointed for
the remainder of that term. A vacancy required to be filled
by appointment under subsection (a)(1)(C) must be filled not
later than 120 days after the vacancy occurs.
``(d) 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 October 1, 2007.
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
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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 principal 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 Act.
(d) Assessment by DOT Inspector General.--
(1) In general.--The Inspector General of the Department of
Transportation shall assess the 5-year financial plans
prepared by Amtrak under this section to determine whether
they meet the requirements of subsection (b), and may suggest
revisions to any components thereof that do not meet those
requirements.
(2) Assessment to be furnished to the congress.--The
Inspector General shall furnish to the House of
Representatives Committee on Appropriations, the Senate
Committee on Appropriations, the House 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 Act, 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. As part of
those requirements, the Secretary shall require, at a
minimum, that Amtrak deposit grant funds, consistent with the
appropriated amounts for each area of expenditure in a given
fiscal year, in the following 3 accounts:
(1) The Amtrak Operating account.
(2) The Amtrak General Capital account.
(3) The Northeast Corridor Improvement funds account.
Amtrak may not transfer such funds to another account or
expend such funds for any purpose other than the purposes
covered by the account in which the funds are deposited
without approval by the Secretary.
(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 passenger 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
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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 Act 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,
Amtrak employees, and groups representing Amtrak passengers,
as appropriate, develop new or improve existing metrics and
minimum standards for measuring the performance and service
quality of intercity passenger 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 passenger 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 passenger train operations, including
Amtrak's 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.
(d) Arbitration.--If the development of the metrics and
standards is not completed within the 180-day period required
by subsection (a), any party involved in the development of
those standards may petition the Surface Transportation Board
to appoint an arbitrator to assist the parties in resolving
their disputes through binding arbitration.
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 passenger train
operations for which minimum standards are established under
section 208 of the Passenger Rail Investment and Improvement
Act of 2007 fails to meet those standards for 2 consecutive
calendar quarters, the Surface Transportation Board may
initiate an investigation, or upon the filing of a complaint
by Amtrak, an intercity passenger rail operator, or an entity
for which Amtrak operates intercity passenger rail service,
the Board shall initiate an investigation to determine
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 tracks of which the
intercity passenger train operates or reasonably addressed by
Amtrak or other intercity passenger rail operator. In making
its determination or carrying out such an investigation, the
Board shall obtain information from all parties involved and
identify reasonable measures and make recommendations to
improve the service, quality, and on-time performance of the
train.
``(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 as required under subsection (c),
the Board may award damages against the host rail carrier,
including prescribing such other relief to Amtrak as it
determines to be reasonable and appropriate pursuant to
paragraph (3) of this subsection.
``(3) Damages and relief.--In awarding damages and
prescribing other relief under this subsection the Board
shall consider such factors as--
``(A) the extent to which Amtrak suffers financial loss as
a result of host rail carrier delays or failure to achieve
minimum standards; and
``(B) what reasonable measures would adequately deter
future actions which may reasonably be expected to be likely
to result in delays to Amtrak on the route involved.
``(4) Use of damages.--The Board shall, as it deems
appropriate, remit the damages awarded under this subsection
to Amtrak or to an entity for which Amtrak operates intercity
passenger rail service. Such damages shall be used for
capital or operating expenditures on the routes over which
delays or failures to achieve minimum standards were the
result of a rail carrier's failure to provide preference to
Amtrak over freight transportation as determined in
accordance with paragraph (2).''.
(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 of Transportation'' in
subsection (c) and inserting ``Board''; and
(4) 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 2007, Amtrak
shall--
``(1) evaluate annually the financial and operating
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
and publish a performance improvement plan for its long
distance passenger rail routes to achieve financial and
operating improvements based on the data collected through
the application of the financial and performance 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;
``(7) improving financial performance; and
``(8) 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 2008 for those routes
identified as being in the worst performing third under
subsection (a)(2);
``(2) beginning in fiscal year 2009 for those routes
identified as being in the second best performing third under
subsection (a)(2); and
``(3) beginning in fiscal year 2010 for those routes
identified as being in the best performing third under
subsection (a)(2).
``(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--
[[Page S584]]
``(1) shall notify Amtrak, the Inspector General of the
Department of Transportation, and appropriate Congressional
committees 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 2007, 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 2008 for operations commencing in
fiscal year 2009; 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
2009 nor to more than 2 such routes for operations beginning
in fiscal year 2011 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 2007 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 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 Corporation
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
2012, consistent with the funding levels authorized in this
Act 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.
[[Page S585]]
(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 2007, 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 2007, 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 request of a Commission member, petition the
Surface Transportation Board to appoint a mediator to assist
the Commission members 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 entities fail
to implement such new agreements in accordance with the
timetable, the Commission shall petition the Surface
Transportation Board to determine the appropriate
compensation amounts for such services in accordance with
section 24904(c) of this title. The Surface Transportation
Board shall enforce its determination on the party or parties
involved.
``(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 or
security.
``(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.''.
(b) Conforming amendments.--Section 24904(c)(2) is amended
by--
(1) inserting ``commuter rail passenger'' after
``between''; and
(2) striking ``freight'' in the second sentence.
(c) RIDOT Access Agreement.--
(1) In general.--Not later than December 15, 2007, Amtrak
and the Rhode Island Department of Transportation shall enter
into an agreement governing access fees and other costs or
charges related to the operation of the South County commuter
rail service on the Northeast Corridor between Providence and
Wickford Junction, Rhode Island.
(2) Failure to reach agreement.--If Amtrak and the Rhode
Island Department of Transportation fail to reach the
agreement specified under paragraph (1), the Administrator of
the Federal Railroad Administration shall, after consultation
with both parties, resolve any outstanding disagreements
between the parties, including setting access fees and other
costs or charges related to the operation of the South County
commuter rail service that do not allow for the cross-
subsidization of intercity rail passenger and commuter rail
passenger service, not later than January 30, 2008.
(3) Interim agreement.--Any agreement between Amtrak and
the Rhode Island Department of Transportation relating to
access costs made under this subsection shall be superseded
by any access cost formula developed by the Northeast
Corridor Infrastructure and Operations Advisory Commission
under section 24905(c)(1) of title 49, United States Code, as
amended by section 214(a) of this Act.
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 October 1, 2008.
(b) Debt Restructuring.--The Secretary of Treasury, in
consultation with the Secretary of the Transportation and
Amtrak,
[[Page S586]]
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 may 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 November 1, 2008--
(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, 2008, 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.
(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 2007 through 2012.
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:
``Sec. 24310. Management accountability
``(a) In General.--Three years after the date of enactment
of the Passenger Rail Investment and Improvement Act of 2007,
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
[[Page S587]]
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 2007.
``(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, or under the plan required by section 203
of the Passenger Rail Investment and Improvement Act of 2007,
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 proposed
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
2007;
``(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 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
[[Page S588]]
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 2007, 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, 2005, and 2006 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 2007 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, 2005, and 2006 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 2007 beginning in fiscal year 2008 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
``(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
[[Page S589]]
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 the 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:
``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.
[[Page S590]]
``(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 2007 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--
(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:
[[Page S591]]
``(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 2007;
``(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 undertaken 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 2009 and each fiscal year thereafter, the
Secretary shall submit to Congress, at the same 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) Establishment and content.--Chapter 249 is amended by
adding at the end the following:
``Sec. 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 high-speed
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 designated 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 the 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. 400. SHORT TITLE.
This title may be cited as the ``Surface Transportation and
Rail Security Act of 2007''.
SEC. 401. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, including the
Transportation Security Administration, the Department of
Transportation, and other appropriate agencies, to complete a
vulnerability and risk assessment of freight and passenger
rail transportation (encompassing railroads, as that term is
defined in section 20102(1) of title 49, United States Code).
The assessment shall include--
(A) a methodology for conducting the risk assessment,
including timelines, that addresses how the Department of
Homeland Security will work with the entities describe in
subsection (b) and make use of existing Federal expertise
within the Department of Homeland Security, the Department of
Transportation, and other appropriate agencies;
(B) identification and evaluation of critical assets and
infrastructures;
(C) identification of vulnerabilities and risks to those
assets and infrastructures;
(D) identification of vulnerabilities and risks that are
specific to the transportation of hazardous materials via
railroad;
(E) identification of security weaknesses in passenger and
cargo security, transportation infrastructure, protection
systems, procedural policies, communications systems,
employee training, emergency response planning, and any other
area identified by the assessment; and
(F) an account of actions taken or planned by both public
and private entities to address identified rail security
issues and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Secretary as posing significant rail-
related risks to public safety and the movement of interstate
commerce, taking into account the impact that any proposed
security measure might have on the provision of rail service;
(B) deploying equipment to detect explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
[[Page S592]]
(C) training appropriate railroad or railroad shipper
employees in terrorism prevention, passenger evacuation, and
response activities;
(D) conducting public outreach campaigns on passenger
railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads, and State and local
governments, for the Federal government to provide increased
security support at high or severe threat levels of alert;
(B) a plan for coordinating existing and planned rail
security initiatives undertaken by the public and private
sectors; and
(C) a contingency plan, developed in conjunction with
freight and intercity and commuter passenger railroads, to
ensure the continued movement of freight and passengers in
the event of an attack affecting the railroad system, which
shall contemplate--
(i) the possibility of rerouting traffic due to the loss of
critical infrastructure, such as a bridge, tunnel, yard, or
station; and
(ii) methods of continuing railroad service in the
Northeast Corridor in the event of a commercial power loss,
or catastrophe affecting a critical bridge, tunnel, yard, or
station.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and
plans required by subsection (a), the Secretary of Homeland
Security shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, shippers of hazardous materials,
public safety officials, and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the assessment
and recommendations each year and transmit a report, which
may be submitted in both classified and redacted formats, to
the Committees named in subsection (c)(1), containing the
updated assessment and recommendations.
(e) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, as amended by section
416 of this title, there shall be made available to the
Secretary of Homeland Security to carry out this section
$5,000,000 for fiscal year 2008.
SEC. 402. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), 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;
(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 and consistent with the risk
assessment required under section 401, stations and
facilities located outside of the Northeast Corridor receive
an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code,
as amended by section 416 of this title, there shall be made
available to the Secretary of Homeland Security and the
Assistant Secretary of Homeland Security (Transportation
Security Administration) to carry out this section--
(1) $63,500,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009; and
(3) $30,000,000 for fiscal year 2010.
Amounts appropriated pursuant to this subsection shall remain
available until expended.
SEC. 403. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, 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.--Out of funds
appropriated pursuant to section 416(b) of this title, there
shall be made available 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) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010; and
(D) $100,000,000 for fiscal year 2011.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010; and
(D) $10,000,000 for fiscal year 2011.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010; and
(D) $8,000,000 for fiscal year 2011.
(c) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section 416(b) of this title, there shall be made
available to the Secretary of Transportation for fiscal year
2008 $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 of Transportation 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, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security 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. 404. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of Homeland
Security (Transportation Security Administration) and other
appropriate agencies, is authorized to make grants to freight
railroads, the Alaska Railroad, hazardous materials shippers,
owners of rail cars used in the transportation of hazardous
materials, universities, colleges and research centers, State
and local governments (for rail passenger facilities and
infrastructure not
[[Page S593]]
owned by Amtrak), and, through the Secretary of
Transportation, to Amtrak, for full or partial reimbursement
of costs incurred in the conduct of activities to prevent or
respond to acts of terrorism, sabotage, or other intercity
passenger rail and freight rail security vulnerabilities and
risks identified under section 401, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 401, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made
under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section 401, and shall encourage non-Federal
financial participation in awarding grants. With respect to
grants for intercity passenger rail security, the Secretary
shall also take into account passenger volume and whether a
station is used by commuter rail passengers as well as
intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak
meets the conditions set forth in section 402(b) of this
title.
(e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section 401 the
Secretary of Homeland Security determines that critical rail
transportation security needs require reimbursement in
greater amounts to any eligible entity, no grants under this
section may be made--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, as amended by section 416 of this title,, there
shall be made available to the Secretary of Homeland Security
to carry out this section--
(1) $100,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009; and
(3) $100,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall
remain available until expended.
(g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means quantities of poison
inhalation hazard materials, Class 2.3 gases, Class 6.1
materials, and anhydrous ammonia that the Secretary, in
consultation with the Secretary of Transportation, determines
pose a security risk.
SEC. 405. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary
for Science and Technology and the Assistant Secretary of
Homeland Security (Transportation Security Administration),
in consultation with the Secretary of Transportation shall
carry out a research and development program for the purpose
of improving freight and intercity passenger rail security
that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical,
biological, and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car or other
rail car used to transport hazardous materials and transmit
information about the integrity of cars to the train crew or
dispatcher;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials (as defined in
section 404(g) of this title); and
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section 401.
(b) Coordination With Other Research Initiatives.--The
Secretary of Homeland Security shall ensure that the research
and development program authorized by this section is
coordinated with other research and development initiatives
at the Department of Homeland Security and the Department of
Transportation. The Secretary shall carry out any research
and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation,
if the Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research
and development program, the Secretary may award grants to
the entities described in section 404(a) and shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, as amended by section 416 of this title,, there
shall be made available to the Secretary of Homeland Security
to carry out this section--
(1) $33,000,000 for fiscal year 2008;
(2) $33,000,000 for fiscal year 2009; and
(3) $33,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall
remain available until expended.
SEC. 406. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland
Security may use up to 0.5 percent of amounts made available
for capital projects under this title to enter into contracts
for the review of proposed capital projects and related
program management plans and to oversee construction of such
projects.
(b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts to
audit and review the safety, procurement, management, and
financial compliance of a recipient of amounts under this
title.
(c) Procedures for Grant Award.--The Secretary shall,
within 90 days after the date of enactment of this Act,
prescribe procedures and schedules for the awarding of grants
under this title, including application and qualification
procedures (including a requirement that the applicant have a
security plan), and a record of decision on applicant
eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary
and shall be consistent, to the extent practicable, with the
grant procedures established under section 70107 of title 46,
United States Code.
SEC. 407. 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 Surface Transportation and
Rail Security Act of 2007 Amtrak shall submit to the Chairman
of the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security 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).
[[Page S594]]
``(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 any personal information on a list obtained under
subsection (b)(1) 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.--Out of funds appropriated pursuant to
section 416(b) of the Surface Transportation and Rail
Security Act of 2007, there shall be made available to the
Secretary of Transportation for the use of Amtrak $500,000
for fiscal year 2007 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. 408. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), the Secretary of Transportation,
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, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security 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 in-
transit inspections onboard international Amtrak trains.
SEC. 409. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Secretary of Transportation, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and
issue detailed guidance for a rail worker security training
program to prepare front-line workers for potential threat
conditions. The guidance shall take into consideration any
current security training requirements or best practices.
(b) Program Elements.--The guidance developed under
subsection (a) shall include elements, as appropriate to
passenger and freight rail service, that address the
following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days
after the Secretary of Homeland Security issues guidance
under subsection (a) in final form, each railroad carrier
shall develop a rail worker security training program in
accordance with that guidance and submit it to the Secretary
for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall
review the program and transmit comments to the railroad
carrier concerning any revisions the Secretary considers
necessary for the program to meet the guidance requirements.
A railroad carrier shall respond to the Secretary's comments
within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary
reviews the training program developed by a railroad carrier
under this section, the railroad carrier shall complete the
training of all front-line workers in accordance with that
program. The Secretary shall review implementation of the
training program of a representative sample of railroad
carriers and report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security on the
number of reviews conducted and the results. The Secretary
may submit the report in both classified and redacted formats
as necessary.
(e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide
additional training to their front-line workers within a
reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers,
train operators, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, as well as
other appropriate employees of railroad carriers, as defined
by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper
employee security program containing the elements listed
under subsection (b) as appropriate.
SEC. 410. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20117 the following:
``Sec. 20118. Whistleblower protection for rail security
matters
``(a) Discrimination Against Employee.--No rail carrier
engaged in interstate or foreign commerce may discharge a
railroad employee or otherwise discriminate against a
railroad employee because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the
violation is a form of discrimination that does not involve
discharge, suspension, or another action affecting pay, and
no other remedy is available under this subsection, the
Board, division, delegate, or other board of adjustment may
award the employee reasonable damages, including punitive
damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this subtitle, including the burdens of
proof, applies to any complaint brought under this section.
[[Page S595]]
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters.''.
SEC. 411. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration) and the
Secretary of Transportation, shall require rail carriers
transporting a high hazard material, as defined in section
404(g) of this title to develop a high hazard material
security threat mitigation plan containing appropriate
measures, including alternative routing and temporary
shipment suspension options, to address assessed risks to
high consequence targets. The plan, and any information
submitted to the Secretary under this section shall be
protected as sensitive security information under the
regulations prescribed under section 114(s) of title 49,
United States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier
for the shipment of high hazardous materials by rail on the
rail carrier's right-of-way when the threat levels of the
Homeland Security Advisory System are high or severe and
specific intelligence of probable or imminent threat exists
towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high hazard
materials to the Secretary of Homeland Security within 60
days after the date of enactment of this Act;
(B) develop and submit a high hazard material security
threat mitigation plan to the Secretary within 180 days after
it receives the notice of high consequence targets on such
routes by the Secretary; and
(C) submit any subsequent revisions to the plan to the
Secretary within 30 days after making the revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad
carrier shall respond to the Secretary's comments within 30
days after receiving them. Each rail carrier shall update and
resubmit its plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means a building,
buildings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security that is
viable terrorist target of national significance, the attack
of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and defense
capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. 412. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Similar to the public
transportation security annex between the two departments
signed on September 8, 2005, within 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall execute and develop
an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the
specific roles, delineations of responsibilities, resources
and commitments of the Department of Transportation and the
Department of Homeland Security, respectively, in addressing
railroad transportation security matters, including the
processes the departments will follow to promote
communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.
SEC. 413. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security and the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which
those regulations need to be revised to improve rail
security.
SEC. 414. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall develop a national
plan for public outreach and awareness. Such plan shall be
designed to increase awareness of measures that the general
public, railroad passengers, and railroad employees can take
to increase railroad system security. Such plan shall also
provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing
research and development efforts, and available Federal
funding sources to improve railroad security. Not later than
9 months after the date of enactment of this Act, the
Secretary of Homeland Security shall implement the plan
developed under this section.
SEC. 415. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 405 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
develop a program that will encourage the equipping of rail
cars transporting high hazard materials (as defined in
section 404(g) of this title) with wireless terrestrial or
satellite communications technology that provides--
(A) car position location and tracking capabilities;
(B) notification of rail car depressurization, breach, or
unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for rail car tracking at the Department of Transportation;
and
(B) ensure that the program is consistent with
recommendations and findings of the Department of Homeland
Security's hazardous material tank rail car tracking pilot
programs.
(b) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, as amended by section
416 of this title, there shall be made available to the
Secretary of Homeland Security to carry out this section
$3,000,000 for each of fiscal years 2008, 2009, and 2010.
SEC. 416. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for rail security--
``(1) $205,000,000 for fiscal year 2008;
``(2) $166,000,000 for fiscal year 2009; and
``(3) $166,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry
out this title and sections 20118 and 24316 of title 49,
United States Code, as added by this title--
(1) $121,000,000 for fiscal year 2008;
(2) $118,000,000 for fiscal year 2009;
(3) $118,000,000 for fiscal year 2010; and
(4) $118,000,000 for fiscal year 2011.
Mr. LOTT. Mr. President, I just want to take a few moments to talk
about Amtrak and inter-city passenger rail.
In the last Congress, I worked with Senators Stevens, Inouye, and
Lautenberg--and other members of the Commerce Committee--to develop S.
1516, the Passenger Rail Investment and Improvement Act.
Last year during the Senate's consideration of the reconciliation
bill I offered an amendment to add the text of S. 1516. The amendment
passed by a vote of 93 to 6. So I know there is widespread support for
this legislation.
Today we are introducing the same bipartisan legislation in hopes of
gaining the same level of support as we did in the last Congress.
The bill was developed with input from the Administration, the
Department of Transportation's Inspector General, States, Amtrak Board
members, and many others.
[[Page S596]]
The bill makes a number of important reforms to Amtrak, and has three
major themes: Amtrak Reform and Accountability; cost cutting; and,
creating funding options for States.
By increasing executive branch oversight over Amtrak, this bill
ensures that the taxpayers' money is used more effectively. Under its
past President, David Gunn, Amtrak has made some improvements in its
management. However, much remains to be done. Amtrak must be run more
like a business. This bill requires Amtrak to develop better financial
systems and to evaluate its operations objectively. It forces Amtrak to
improve the efficiency of long distance train service. The bill reduces
Amtrak's operating subsidy by 40 percent by 2011 by requiring Amtrak to
use its funding more effectively,
The bill promotes a greater role for the private sector by allowing
private companies to bid on operating Amtrak routes.
The bill also creates a new rail capital grant program that States
can use to start new inter-city passenger rail service. This will be
the first time that States will have a Federal program they can use for
passenger rail, putting intercity passenger rail on a similar footing
to highways, transit, and airports, all of which have Federal
assistance programs for infrastructure. States won't have to rely only
on Amtrak for intercity passenger rail service.
I look forward to working with my colleagues on both sides of the
aisle to get this bipartisan legislation signed into law this year
______
By Ms. LANDRIEU (for herself, Mr. Cochran, Mr. Levin, Mr.
Voinovich, Mr. Durbin, and Mr. Schumer):
S. 295. A bill to establish a servitude and emancipation archival
research clearinghouse in the National Archives; to the Committee on
Homeland Security and Governmental Affairs.
Ms. LANDRIEU. Mr. President, I rise today to reintroduce the
Servitude and Emancipation Archival Research Clearing House, SEARCH,
Act of 2007, a bill that will establish a national database consisting
of historic records of servitude and emancipation in the United States
to assist African Americans in researching their genealogy.
Additionally, Congressman Elijah Cummings is reintroducing a companion
to this bill on the House side because we both believe in its
importance.
It is a very human instinct for people to want to understand who they
are from the lenses of who are their ancestors and where are they from.
This is the very reason I stand before you today to reintroduce this
piece of very important legislation. Unfortunately, African Americans
who attempt to trace their genealogy encounter huge hurdles in
reclaiming the usual documentary history that allows most Americans to
piece together their heritage. W.E.B. Dubois once said that, ``There is
in this world no such force as the force of a person determined to
rise, for the human soul cannot be permanently chained.'' The Servitude
and Emancipation Archival Research ClearingHouse, SEARCH, Act of 2007
gives African Americans the tools they need to rise above the unique
challenges and hardships they face in order to trace their genealogy.
The SEARCH Act establishes a national database within the National
Archives and Records Administration, NARA, housing various documents
that would assist those in search of a history that, because of
slavery, is almost impossible to find in the most ordinary registers
and census records.
Traditionally, someone researching their genealogy would try looking
up wills and land deeds; however, enslaved African Americans were
prohibited from owning property. In fact, African Americans, must
frequently rely on the records of slave owners--most of which are in
private hands--in hope that they had kept records containing birth and
death information. Even if records do exist, many African Americans in
the past did not have formal last names, thus compounding the
difficulty of tracing their lives. The omission of surnames also
precludes use of the most popular and major source of genealogical
research, the United States Census. Furthermore, letters, diaries, and
other first-person records used by most genealogical researchers are
scarcely available for slaves, owing to the fact that they could not
legally learn to read or write.
Even after the Emancipation Proclamation was given in 1865, we would
think that African Americans could begin using traditional genealogical
records like voter registrations and school records. However, African
Americans did not immediately begin to participate in many of the
privileges of citizenship, including voting and attending school.
Discrimination meant that African Americans were barred from sitting on
juries or owning businesses. Segregation meant segregated
neighborhoods, schools, churches, clubs, and fraternal organizations,
and thus segregated societies maintained segregated records. For
example, some telephone directories in South Carolina did not include
African Americans in the regular alphabetical listing, but rather at
the end of the book. An African American must maneuver these
distinctive nuances in order to conduct proper genealogical research.
In my own State of Louisiana, descendants of the 9th Cavalry Regiment
and 25th Infantry Regiment, known as the Buffalo Soldiers, would have
to know to look in the index of United States Colored Troops since
there is no mention of them in the index of State Military Regiments.
Abraham Lincoln said, ``a man who cares nothing about his past can
care little about his future.'' By providing $5 million for the
National Historical Publications and Records Commission to establish
and maintain a national database, the SEARCH Act has the potential to
significantly reduce the time and painstaking efforts of those African
Americans who truly care about their American past to contribute to the
American future. This bill also seeks to authorize $5 million for
States, colleges, and universities to preserve, catalogue, and index
records locally.
In a democracy, records matter. The mission of NARA is to ensure that
anyone can have access to the records that matter to them. The SEARCH
Act of 2007 seeks to fulfill that mission by helping African Americans
navigate genealogical research sources and negotiate the unique
challenges that confront them in this process. No longer should any
American have to wait to learn information, which in itself can offer
such freedom.
I don't believe there is a more appropriate time than now to pass
this piece of legislation, on the day before we honor the legacy of a
man who spent his life as an advocate of freedom, Dr. Martin Luther
King, Jr. Dr. King once said, ``Our lives begin to end the day we
become silent about things that matter.'' Mr. President, this piece of
legislation does matter and I ask my colleagues to join me in passing
the SEARCH Act of 2007.
______
By Ms. MURKOWSKI (for herself and Mr. Stevens):
S. 298. A bill to provide incentives for renewable energy production,
to increase fuel economy standards for automobiles, and to provide tax
incentives for renewable energy production; to the Committee on
Finance.
Ms. MURKOWSKI. Mr. President, I rise today to introduce a significant
bill to improve energy efficiency in this Nation and reduce greenhouse
gas emissions.
The bill I am introducing will promote the development of additional
forms of renewable energy and also pave the way for improved fuel
consumption by vehicles. I rise to introduce the Renewable Energy, Fuel
Reduction, and Economic Stabilization and Enhancement Act of 2007, or
the REFRESH Act, for short.
I consider this a balanced measure, a companion to a bill introduced
recently by Alaska's Senior Senator Ted Stevens who proposed to raise
the fuel efficiency of automobiles to 40 miles per gallon within a
decade, a bill I am proud to be a cosponsor of. This bill will promote
alternative energy by providing grants and tax credits to promote
development of geothermal power, all forms of ocean energy and small
hydro electric development.
The bill also seeks to reduce American fossil fuel consumption by
nearly 5 million barrels of oil a day by 2025 by not only supporting an
increase in the Corporate Average Fuel Efficiency Standard, CAFE, for
automobiles, as
[[Page S597]]
proposed by Senator Stevens, but by also requiring a study of whether
to mandate that a CAFE standard to be imposed on commercial trucks. The
bill also requires an improvement in the efficiency of replacement
tires for all passenger cars, provides grants to States and local
communities to encourage a reduction in traffic congestion by helping
States to set up telecommuting and flexible-work programs to keep
motorists off roadways during rush hours, and extends and removes a cap
on tax credits to encourage the purchase of hybrid and advanced fuel
efficient lean-burn vehicles. The bill also authorizes $100 million in
additional research assistance for plug-in hybrid and battery storage
technology development.
The bill also includes a truth in advertising provision requiring
that the CAFE standards for vehicles be based on the actual fuel
economy that the vehicles will achieve under real-world driving
conditions, where acceleration, the use of air conditioning and stop
and go driving is considered rather than on a three-decades old testing
formula.
The bill will reduce carbon dioxide emissions from fossil fuel usage
by about 530 million metric tons in the United States by 2025--a 7
percent cut over what emissions otherwise are predicted to be that
year. Coming from Alaska where there is no question but that warming
temperatures have been in place in recent years, it only makes sense
that we take common sense steps now to improve fuel efficiency, to
promote the development of a wider range of alternative energy
technologies and to encourage Americans to buy more fuel efficient
vehicles, as long as their ability to drive safe and affordable
vehicles of their own choosing is protected.
This bill is a careful balance of steps we can take to reduce fuel
usage and thus greenhouse gas emissions, but also of provisions that
are economic for Americans to undertake, and will pay for themselves in
reduced fuel costs, sometimes in very short order. It will be good
insurance for the environment, but also good for the pocketbooks of
Americans.
Americans understand that we are in a current warming trend. Just
this week, our government reported that 2006 was the warmest year
worldwide in over a century. There are dozens of examples of the
effects on the environment that the warming climate of the past three
decades has caused. While I believe the ultimate cause of the climate
change we are seeing is not yet certain, it is our responsibility to
take affordable steps now to reduce fuel consumption, increase the use
of alternative, non-fossil-fuel technologies, and to reduce carbon
dioxide and other greenhouse gas emissions.
This bill, paired with previous legislation by my colleague Senator
Ted Stevens that specifically raises the CAFE standard by 2017, S. 183,
will require automobile makers, if it is technologically feasible, to
improve fuel efficiency. I am proud to be a supporter of that measure.
The two bills will have a host of policy and economic advantages. They
will make us less dependent on imported oil, improving our national
security and reducing the money we spend overseas to buy imported crude
oil. And they will produce more jobs in America through the development
of new alternative-fuel industries.
The bill I introduce today, for example, will require all tire
manufacturers to make and sell only low, rolling, resistance tires for
replacement tire purposes within five years--the same tires found on
new cars today. The tires, while they will add on average $20 to the
cost of a set of two replacement tires, will improve fuel efficiency by
1.5 to 4.5 percent. Thus if the price of gasoline is only $2 a gallon,
drivers will save from $87 to $260 a year in fuel costs per year, the
change saving the typical driver money within the first year, according
to estimates by the National Commission on Energy Policy that
recommended the change in a 2005 report.
The bill also will require the National Highway Traffic Safety
Administration (NHTSA) to study the savings that would result and the
costs of imposing a CAFE standard on commercial trucks, a key
requirement before Congress can actually impose such a standard.
Commercial trucks consume between 1.5 and 2 million barrels of oil a
day in fuel. According to estimates by the Department of Energy's 21st
Century Truck Program and by Argonne National Laboratory, fuel economy
for tractor-trailers should be able to improve by 30 to 60 percent by
2015 through use of a CAFE standard. While such improvements might
increase the cost of a tractor-trailer by $7,000 at time of purchase,
it would save some $11,000 in fuel costs over the life of the vehicle,
achieving payback for the typical truck owner in less than three years.
Imposing such a CAFE on trucks was proposed by the Energy Security
Leadership Council in a report just last month.
The $50 million in grants to reduce traffic congestion could pay for
themselves nearly immediately, since the National Commission on Energy
Policy estimated that American motorists consume between 65,000 and
260,000 barrels of oil a day in wasted fuel because of urban traffic
congestion, costing the Nation up to $13 million a day at current fuel
prices.
And the tax credit provisions, making all forms of ocean energy:
wave, current, tidal and thermal, and small hydro electric power
qualified to receive the Federal Production Tax Credit that currently
reduces the cost of wind, solar and biomass energy by 1.9 cents per
kilowatt hour generated, would help to increase renewable energy
production nationwide. Geothermal energy is already covered by the PTC,
as are wind, solar and biomass projects.
Congress two years ago in the Energy Policy Act of 2005, which I
helped formulate, provided both grant and the tax assistance to
encourage the development of wind, solar and biomass energy. But when
you consider that large portions of the country, including 70 percent
of Alaska, may contain geothermal resources, that there are thousands
of lakes and small rivers and creeks that can power small-scale hydro
electric development without requiring dams or affecting fisheries or
the environment in the least, and that thousands of miles of U.S.
coastlines and river systems can generate electricity from emerging
ocean energy systems, it only makes sense to expand the scope of
Federal assistance to encourage wider development and use of these
other renewable technologies.
The Electric Power Research Institute has estimated that wave energy
off U.S. coasts alone could conservatively generate 252 million
megawatt hours of electricity, 6.5 percent of all energy now produced
in America. Alaska has nearly 80 coastal and river communities that
could benefit greatly by development of ocean energy systems. To
facilitate ocean and geothermal development, the bill authorizes $100
million in Federal research and development grant assistance to both
types of development.
This bill is not a cure all for all of our energy woes. I recently
co-sponsored legislation by Senators Jim Bunning and Barack Obama that
will provide additional incentives to develop fuel from coal and that
will encourage the sequestration of carbon from coal processed in fuel-
to-liquid plants. I will support additional assistance to promote wind,
solar and biomass alternative energy development. I have supported and
will continue to support development of the next generation of nuclear
power that can produce energy without any greenhouse gas emissions. And
I will continue to support research and development of biofuels, such
as ethanol, especially celluosic ethanol, and of development of
hydrogen-fueled vehicles and fuel distribution systems for the new
fuels.
I also will support production of more domestic energy from
conventional sources, whether it be more oil and natural gas from the
ground onshore and from under some of our seas offshore where it can be
done in an environmentally friendly way, or more novel forms of fossil
fuels, be they from oil shales, oil sands, coal or from gas hydrate
deposits. In my view we need to do everything we can to find economic
forms of the energy we will need during the remainder of the 21st
Century.
This bill only represents one piece of a balanced plan to improve
this Nation's energy outlook. But it is an important piece. This bill
has the ability to restore and refresh our environment
[[Page S598]]
by reducing greenhouse gas emissions. It will encourage development of
more renewable energy. We can't afford not to find the funds to pay for
its provisions.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 298
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy, Fuel
Reduction, and Economic Stabilization and EnHancement Act of
2007'' or the ``REFRESH Act''.
TITLE I--RENEWABLE ENERGY INCENTIVES
SEC. 101. GEOTHERMAL POWER.
(a) In General.--The Secretary of Energy, acting through
the Office of Energy Efficiency and Renewable Energy
(referred to in this title as the ``Secretary''), shall make
grants to eligible entities (as determined by the Secretary)
to promote geothermal power development, including high- and
low-temperature geothermal power development.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000.
SEC. 102. OCEAN ENERGY.
(a) In General.--The Secretary shall make grants to
eligible entities (as determined by the Secretary) to develop
all forms of ocean energy (including wave, current, tidal,
and thermal energy).
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000.
SEC. 103. PLUG-IN HYBRID ELECTRIC-COMBUSTION ENGINE VEHICLES.
(a) In General.--The Secretary shall make grants to
eligible entities (as determined by the Secretary) to assist
in the development of new technology (including storage
batteries or other forms of technology) to assist automobile
manufactures in the production of plug-in hybrid electric-
combustion engine vehicles.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000.
TITLE II--FUEL EFFICIENCY STANDARDS
SEC. 201. TRUTH IN TESTING OF CAFE STANDARDS.
(a) Testing and Calculation Procedures.--
(1) In general.--Section 32904(c) of title 49, United
States Code, is amended by striking ``However, except under
section 32908 of this title, the Administrator shall use the
same procedures for passenger automobiles the Administrator
used for model year 1975 (weighted 55 percent urban cycle and
45 percent highway cycle),'' and insert ``In measuring fuel
economy under this subsection, the Administrator shall use
the procedures described in the final rule relating to fuel
economy labeling published in the Federal Register on
December 27, 2006 (71 Fed. Reg. 77,872; to be codified at 40
C.F.R. parts 86 and 600)''.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 5 years after the date of the enactment of this
Act and shall apply to passenger automobiles manufactured
after such date.
(b) Study and Report.--
(1) Study.--The Administrator of the National Highway
Traffic Safety Administration shall conduct a study of the
anticipated economic impacts and fuel saving benefits that
would result from a requirement that all vehicles
manufactured for sale in the United States with a gross
vehicle weight of not less than 10,000 pounds meet specific
average fuel economy standards.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall submit a
report to Congress that includes--
(A) the results of the study conducted under paragraph (1);
and
(B) a recommendation on whether the vehicles described in
paragraph (1) should be subject to average fuel economy
standards.
SEC. 202. TIRE RESISTANCE STANDARDS.
Section 30123 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Low Rolling Resistance Tires.--Not later than 5 years
after the date of the enactment of this subsection, all
passenger automobile tires sold in the United States shall
meet the low rolling resistance standards prescribed by the
Administrator of the National Highway Traffic Safety
Administration.''.
SEC. 203. TRAFFIC REDUCTION GRANTS.
(a) In General.--The Secretary of Transportation may award
grants to States to develop telecommuting and flexible work
scheduling incentives that will reduce traffic congestion in
urban areas.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $50,000,000 for fiscal year 2008 to carry
out the grant program established under this section. Any
sums appropriated pursuant to this subsection shall remain
available until expended.
TITLE III--TAX CREDITS
SEC. 301. EXPANSION OF CREDIT FOR PRODUCTION OF ENERGY FROM
CERTAIN RENEWABLE RESOURCES.
(a) Expansion of Resources to Wave, Current, Tidal, and
Ocean Thermal Energy.--
(1) In general.--Section 45(c)(1) of the Internal Revenue
Code of 1986 (defining qualified energy resources) is amended
by striking ``and'' at the end of subparagraph (G), by
striking the period at the end of subparagraph (H) and
inserting ``, and'', and by adding at the end the following
new subparagraph:
``(I) wave, current, tidal, and ocean thermal energy.''
(2) Definition of resources.--Section 45(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(10) Wave, current, tidal, and ocean thermal energy.--The
term `wave, current, tidal, and ocean thermal energy' means
electricity produced from any of the following:
``(A) Free flowing ocean water derived from tidal currents,
ocean currents, waves, or estuary currents.
``(B) Ocean thermal energy.
``(C) Free flowing water in rivers, lakes, man made
channels, or streams.''
(3) Facilities.--Section 45(d) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
``(11) Wave, current, tidal, and ocean thermal facility.--
In the case of a facility using resources described in clause
(i), (ii), or (iii) of subsection (c)(10)(A) to produce
electricity, the term `qualified facility' means any facility
owned by the taxpayer which is originally placed in service
after the date of the enactment of this paragraph and before
January 1, 2009, but such term shall not include a facility
which includes impoundment structures or a small irrigation
power facility.''
(b) Expansion of Small Irrigation Power.--Paragraph (5) of
section 45(c) of the Internal Revenue Code of 1986 is amended
to read as follows:
``(5) Small irrigation power.--The term `small irrigation
power' means power--
``(A) generated without any dam or impoundment of water
through--
``(i) through an irrigation system canal or ditch, or
``(ii) utilizing lake taps, perched alpine lakes, or run-
of-river with diversion, and
``(B) the nameplate capacity rating of which is less than
15 megawatts.''.
(c) Effective Date.--The amendments made by this section
shall apply to electricity produced in taxable years ending
after the date of the enactment of this Act.
SEC. 302. EXTENSION AND MODIFICATION OF NEW QUALIFIED HYBRID
MOTOR VEHICLE CREDIT FOR PLUG-IN HYBRIDS.
(a) Extension.--
(1) New qualified hybrid passenger automobiles and light
trucks.--Paragraph (2) of section 30B(j) of the Internal
Revenue Code of 1986 is amended by inserting ``(December 31,
2012, in the case of a new qualified hybrid motor vehicle
which is recharged by means of an off board device)'' after
``December 31, 2010''.
(2) Other qualified hybrid motor vehicles.--Paragraph (3)
of section 30B(j) of the Internal Revenue Code of 1986 is
amended by inserting ``(December 31, 2012, in the case of a
new qualified hybrid motor vehicle which is recharged by
means of an off board device)'' after ``December 31, 2009''.
(b) Elimination of Limitation on Number of New Qualified
Hybrid and Advanced Lean Burn Technology Vehicles Eligible
for Full Alternative Motor Vehicle Tax Credit.--
(1) In general.--Section 30B of the Internal Revenue Code
of 1986 is amended--
(A) by striking subsection (f); and
(B) by redesignating subsections (g) through (j), as
amended by subsection (a), as subsections (f) through (i),
respectively.
(2) Conforming amendments.--
(A) Paragraphs (4) and (6) of section 30B(g) of such Code,
as redesignated by paragraph (1)(B), are each amended by
striking ``(determined without regard to subsection (g))''
and inserting ``(determined without regard to subsection
(f))''.
(B) Section 38(b)(25) of such Code is amended by striking
``section 30B(g)(1)'' and inserting ``section 30B(f)(1)''.
(C) Section 55(c)(2) of such Code is amended by striking
``section 30B(g)(2)'' and inserting ``section 30B(f)(2)''.
(D) Section 1016(a)(36) of such Code is amended by striking
``section 30B(h)(4)'' and inserting ``section 30B(g)(4)''.
(E) Section 6501(m) of such Code is amended by striking
``section 30B(h)(9)'' and inserting ``section 30B(g)(9)''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2005, in taxable years ending after such date.
______
By Mr. COLEMAN:
S. 299. A bill to amend the Internal Revenue Code of 1986 to extend
increased expensing for small businesses; to the Committee on Finance.
Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of
my legislation to extend increased expensing for small businesses be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
[[Page S599]]
S. 299
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION OF INCREASED EXPENSING FOR SMALL
BUSINESSES.
(a) Extension.--Section 179 of the Internal Revenue Code of
1986 (relating to election to expense certain depreciable
business assets) is amended by striking ``2010'' each place
it appears and inserting ``2011''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2009.
______
By Mr. KYL (for himself, Mr. Ensign, Mr. Reid, and Mrs.
Feinstein):
S. 300. A bill to authorize appropriations for the Bureau of
Reclamation to carry out the Lower Colorado River Multi-Species
Conservation Program in the States of Arizona, California, and Nevada,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. KYL. Mr. President, today I am pleased to join with Senators
Ensign, Feinstein and Reid to introduce the Lower Colorado River Multi-
Species Conservation Program Act. This bipartisan legislation is
designed to protect and maintain wildlife habitat on the lower Colorado
River and to provide assurances to the affected water and power
agencies of Arizona, California, and Nevada that their river operations
may continue upon compliance with the underlying program. This bill is
nearly identical to legislation I introduced late last year with
Senators Ensign, Feinstein, and Reid.
The Lower Colorado River Multi-Species Conservation Program,
otherwise known as the MSCP, is a comprehensive, cooperative effort
among 50 Federal and non-Federal entities in Arizona, California, and
Nevada whose purposes are to 1. protect the lower Colorado River
environment while ensuring the certainty of existing river water and
power operations; 2. protect threatened endangered wildlife under the
Endangered Species Act; and 3. prevent the listing of additional
species on the lower Colorado River.
To accomplish these goals, the MSCP will create more than 8,100 acres
of riparian, marsh, and backwater habitat and implement additional
measures to protect 26 endangered, threatened and sensitive species.
The program covers approximately 400 miles, including the full-pool
elevations of Lake Mead to the United States-Mexico Southerly
International Boundary.
The program costs will be spread over 50 years, and split 50-50
between the Federal Government and the non-Federal entities covered by
MSCP. Arizona and Nevada will each bear 25 percent of the non-Federal
costs and California will bear 50 percent of the non-federal costs.
Although implementation of the program began in April 2005 under the
U.S. Department of the Interior's existing authority, legislation is
needed to protect the substantial financial commitments that the non-
Federal parties are making to species protection . To that end, the
bill 1. expressly authorizes appropriations to cover the Federal share
of the program costs; 2. directs the Secretary of the Interior to
manage and implement the MSCP in accordance with the underlying program
documents; and 3. provides a waiver of sovereign immunity to allow the
non-Federal parties to enforce, if necessary, the underlying program
documents. The waiver, however, does not allow an action to be brought
against the United States for money damages.
Late in 2006, the House Committee on Resources, Subcommittee on Water
and Power held a comprehensive field hearing in Arizona on the MSCP
Act. The hearing highlighted the significance of the program to
Colorado River users in Arizona, California, and Nevada and
demonstrated the strong support for the legislation. Unfortunately,
Congress adjourned before it could take action on the bill. We hope for
its swift passage in the 110th Congress.
______
By Mrs. CLINTON (for herself, Mr. Durbin, Ms. Mikulski, and Mr.
Lieberman):
S. 301. A bill to provide higher education assistance for
nontraditional students, and for other purposes; to the Committee on
Finance.
Mrs. CLINTON. Mr. President, I rise today to introduce legislation to
meet the needs of non-traditional college students. If enacted, The
Non-Traditional Student Success Act would expand services that promote
retention and graduation for non-traditional students.
The number of non-traditional students has been increasing
dramatically on college campuses all across America. These students
face unique challenges to completing their degree that include
affording their education, balancing work, school, and family
responsibilities, overcoming inadequate academic preparation, and
navigating the college environment. Unfortunately, many of our current
higher education policies make it harder, not easier for these students
to complete their degree.
In fact, among students seeking a bachelor's degree, nearly half of
non-traditional students leave college within the first 3 years before
completing their studies, compared with 12 percent of traditional
students. Similarly, among those seeking an associate's degree, 62
percent of non-traditional students left without any degree, compared
with 19 percent of traditional students. This trend has a
disproportionate impact on minority communities especially when
considering over 80 percent of both black and Hispanic undergraduate
students are non-traditional in some way. This trend must end if we are
to ensure that all students are awarded an equal opportunity to compete
for jobs in today's marketplace.
We must take a step forward with a positive agenda in the 110th
Congress to ensure that all students are able to successfully acquire a
college education as doing so is essential to our economic prosperity.
That is why I have introduced the Non-Traditional Student Success Act.
The Non-Traditional Student Success Act will tear down the financial
barriers many non-traditional students face when financing their
college education. By allowing students access to their Federal Pell
grants year-round while increasing the maximum Pell grant award to
$12,600 over the next 5 years, this bill will not only help students
pay for college but also allow them the opportunity to complete
programs more quickly. This legislation also creates a pilot program to
provide more financial aid--grants and loans--to students enrolled in a
degree program less than half-time.
This legislation will also expand services that promote retention and
graduation for non-traditional students. The Non-Traditional Student
Success Act will increase funding for Student Support Service programs,
GEAR-UP, mentoring, tutoring and other services to help non-traditional
students succeed. While spending for remediation among U.S. colleges
and universities approaches the $1 billion mark, this bill create
incentives for institutions to customize their courses to help students
more successfully complete remedial work and graduate into academic
programs.
I am happy to report that two of the provisions from the previously
introduced Nontraditional Student Success Act were enacted into law
through the Deficit Reduction Act of 2005. These provisions, expanding
the use of Pell grants for less than half-time students and a provision
to reduce the work penalty for independent students, will provide more
options to non-traditional students in financing their college
education.
The fact is, three out of four undergraduate students--75 percent--
are non-traditional in some way. My bill will increase access to a
higher education and improve the graduate rates for the millions of
non-traditional students.
The start of a new Congress brings an opportunity to provide critical
changes in higher education and offer assistance to non-traditional
students. This proposal is endorsed by the Commission on Independent
Colleges and Universities, The Center for Law and Social Policy, Career
Colleges Association, and the American Association of Community
Colleges.
I am hopeful that my Senate colleagues from both sides of the aisle
will join in support of this bill and move this legislation to the
floor without delay.
______
By Mr. VOINOVICH:
S. 304. A bill to establish a commission to develop legislation
designed to reform tax policy and entitlement benefit programs and to
ensure a sound fiscal future for the United States, and
[[Page S600]]
for other purposes; to the Committee on the Budget.
Mr. VOINOVICH. Mr. President, a fiscal crisis looms on the horizon.
As the Nation's demographic tide begins to shift, a fiscal tidal wave
threatens to overwhelm our economy if we do not act now. Our
irresponsible fiscal policies have created a grave situation that more
and more people--Republicans and Democrats--are coming to recognize. We
can no longer sit back and hope things will work themselves out. A
potential national disaster threatens to devastate our way of life, and
we have a moral responsibility to do something about it.
In the simplest of terms, the Federal Government continues to spend
more than it brings in. But, running the credit card for today's needs
and leaving the bill for future generations should not be the policy of
this Congress.
An historical perspective helps to highlight the gravity of our
current situation.
The Fiscal Year 2006 budget deficit was $248 billion--the seventh
largest deficit in our Nation's history. However, if we don't include
the money we're borrowing from the Social Security Trust Fund, the
Fiscal Year 2006 budget deficit was $434 billion.
I arrived in Washington in 1999, and in the 8 short years since, our
national debt has increased by over 50 percent from $5.6 trillion to a
staggering $8.6 trillion. It represents 67 percent of the GDP--the
worst number in 50 years. This means that each man, woman, and child in
the United States owes $29,000 of the Federal Government's debt.
And yet, these numbers pale in comparison with the budget problems
looming in our future as the Baby Boom generation begins to retire less
than a year from now, on January 1, 2008. Our long-term fiscal
imbalance is $50 trillion. That's hard to even grasp, but it translates
into $440,000 of future government debt for every American household--
up from a mere $175,000 per household just 6 years ago.
If we do not sharply curb entitlement spending, the continual growth
of these programs--especially in healthcare--will crowd out all our
other spending obligations and collide with historic, long-term level
of taxes. To put it in perspective, balancing the budget without
reforming entitlement programs will require raising taxes to European
levels. And, that would cripple our ingenuity and economy.
So, what must be done?
Congress must view our tax code, entitlement programs, and budget
process as the three components--or pillars--of the nation's fiscal
foundation, and not as separate entities. Each is intricately linked to
the other two pillars. We must reform all three areas to raise the
necessary revenue to ensure effective and responsible behavior by
Congress and federal agencies, to keep our obligations to future
generations, and to keep our nation strong.
First, we need fundamental tax reform to help make the tax code
simple, fair, transparent, and economically efficient. According to the
President's tax panel and the Mack-Breaux report, only 13 percent of
taxpayers file without the help of either a tax preparer or computer
software program--a function of the complexity of the system. Since
enacting the Tax Reform Act of 1986--legislation intended to simplify
the filing process for taxpayers--15,000 additions have been made to
the Internal Revenue Code.
We cannot consider tax reform, however, without reforming our growing
entitlement programs. Our already massive debt will spike yet higher as
entitlements such as Social Security, Medicare, and Medicaid witness a
surge of beneficiaries in the form of retiring Baby Boomers. This
mounting debt will soon become a burden our children cannot bear,
dragging down our standard of living and our standing in the world.
Finally, we must restore the third pillar of our fiscal foundation--
the budget process. Together we can streamline the system to help lock
in long term tax and entitlement reforms. In the past, every major
deficit reduction package has included a series of budget process
reforms and enforcement mechanisms designed to prevent Congress from
undoing tough choices in future years. By transforming the budget
process, we can fight back against the all-too-common practice of
gaming the system.
While some of our colleagues claim we need tax reform, others claim
we need entitlement reform. The bill I am introducing today, however,
is the only bill that does it all--because you can't reform one without
the other, or it's doomed to fail.
The Securing America's Future Economy Commission Act establishes a
national, bipartisan commission to examine these broken systems and to
present solutions to place the nation on a fiscally sustainable course
and ensure the solvency of entitlement programs for future generations.
The Commission will be comprised of 16 voting members--an equal
number of members from each party, with some seats reserved for sitting
members of Congress. The Treasury Secretary and the OMB Director will
be members, and the other 14 will be appointed by congressional
leaders.
The Commission will hold town hall meetings throughout the country to
determine the scope of the problem and consider possible policy
options. The Commission will present a report--and, if a three-fourths
majority of the Commission agrees, they will present actual legislation
to Congress.
The administration and Congress will each have 90 days to review the
proposal and develop an alternative package of reforms if they believe
it's necessary. The most important point is that this legislation uses
a fast-track procedure to guarantee a vote in Congress on the
Commission's legislation and the congressional and presidential
alternatives.
Outside groups across the political spectrum have shown support for
our efforts, as have business executives--who view our efforts as an
economic necessity--and religious leaders--who view our efforts as a
moral necessity. And, when you look at the numbers, it is clear why. We
have a moral obligation to improve the fiscal health of our Nation.
Otherwise, our children and grandchildren are going to celebrate
America's past and the good old days, rather than the future and the
good new days.
Restoring our Nation's fiscal health will require hard, bipartisan
work and tough decisions. That work, however, must begin immediately.
We cannot afford to put it off any longer.
______
By Mr. GRASSLEY (for himself, Mr. Dorgan, Mr. Enzi, and Mr.
Harkin):
S. 305. A bill to amend the Packers and Stockyards Act, 1921, to make
it unlawful for a packer to own, feed, or control livestock intended
for slaughter; to the Committee on Agriculture, Nutrition, and
Forestry.
Mr. GRASSLEY. Mr. President, Congress will be working on a rewrite of
the current farm bill during the 110th Congress and I will be looking
for ways to improve the economic condition of America's farmers.
However, one of the many shortcomings of the 2002 farm bill is that it
failed to protect family farmers and independent livestock producers
from vertical integration in the livestock industry. This is one reason
why I voted against the final conference report.
Over the years, family farmers from across Iowa have contacted me to
express their fears about the threat they feel from concentration in
the livestock industry. They fear that if the trend toward increased
concentration continues, they may be unable to compete effectively and
will not be able to get a fair price for their livestock in the
marketplace.
The bill I am introducing would prevent meat packers from assuming
complete control of the meat supply by preventing packers from owning
livestock.
This bill would make it unlawful for a packer to own or feed
livestock intended for slaughter. Single pack entities and packs too
small to participate in the Mandatory Price Reporting program would be
excluded from the limitation. In addition, farmer cooperatives in which
the members own, feed, or control the livestock themselves would be
exempt under this new bill.
This is a similar version I successfully offered on the floor during
the debate on the 2002 farm bill.
It's important for our colleagues to remember that family farmers
ultimately derive their income from the agricultural marketplace, not
the farm bill. Family farmers have unfortunately been in a position of
weakness
[[Page S601]]
in selling their product to large processors and in buying their inputs
from large suppliers.
Today, the position of the family farmer has become weaker as
consolidation in agribusiness has reached all time highs. Farmers have
fewer buyers and suppliers than ever before. The result is an
increasing loss of family farms and the smallest farm share of the
consumer dollar in history.
One hundred years ago, this Nation reacted appropriately to citizen
concerns about large, powerful companies by establishing rules
constraining such businesses when they achieved a level of market power
that harmed, or risked harming, the public interest, trade and
commerce. The United States Congress enacted the first competition laws
in the world to make commerce more free and fair. These competition
laws include the Sherman Act, Clayton Act, Federal Trade Commission Act
and Packers & Stockyards Act.
Since that time, many countries in the world have followed this U.S.
example to constrain undue market power in their domestic economies.
Unfortunately, competition policy has been severely weakened in this
country, especially in agriculture, due to Federal case law,
underfunded enforcement, and unfounded reliance on efficiency claims.
The result has been a significant degradation of the domestic
agricultural market infrastructure. The current situation reflects a
tremendous mis-allocation of resources across the food chain. Congress
must strengthen competition policy within the farm sector to reclaim a
properly operating marketplace.
While this legislation does not accomplish all that we need to do in
this area, it's an important first step toward remedying the biggest
problem facing farmers today, the problem of concentration.
Thank you Mr. President; I ask unanimous consent the text of the bill
be printed in the Record.
There being no objection, the text was ordered to be printed in the
Record, as follows:
S. 305
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PROHIBITION ON PACKERS OWNING, FEEDING, OR
CONTROLLING LIVESTOCK.
(a) In General.--Section 202 of the Packers and Stockyards
Act, 1921 (7 U.S.C. 192), is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Own or feed livestock directly, through a subsidiary,
or through an arrangement that gives the packer operational,
managerial, or supervisory control over the livestock, or
over the farming operation that produces the livestock, to
such an extent that the producer is no longer materially
participating in the management of the operation with respect
to the production of the livestock, except that this
subsection shall not apply to--
``(1) an arrangement entered into within 7 days (excluding
any Saturday or Sunday) before slaughter of the livestock by
a packer, a person acting through the packer, or a person
that directly or indirectly controls, or is controlled by or
under common control with, the packer;
``(2) a cooperative or entity owned by a cooperative, if a
majority of the ownership interest in the cooperative is held
by active cooperative members that--
``(A) own, feed, or control livestock; and
``(B) provide the livestock to the cooperative for
slaughter;
``(3) a packer that is not required to report to the
Secretary on each reporting day (as defined in section 212 of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a))
information on the price and quantity of livestock purchased
by the packer; or
``(4) a packer that owns 1 livestock processing plant;
or''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) take effect on the date of enactment
of this Act.
(2) Transition rules.--In the case of a packer that on the
date of enactment of this Act owns, feeds, or controls
livestock intended for slaughter in violation of section
202(f) of the Packers and Stockyards Act, 1921 (as amended by
subsection (a)), the amendments made by subsection (a) apply
to the packer--
(A) in the case of a packer of swine, beginning on the date
that is 18 months after the date of enactment of this Act;
and
(B) in the case of a packer of any other type of livestock,
beginning as soon as practicable, but not later than 180
days, after the date of enactment of this Act, as determined
by the Secretary of Agriculture.
______
By Mr. DODD:
S. 308. A bill to prohibit an escalation in United States military
forces in Iraq without prior authorization by Congress; to the
Committee on Foreign Relations.
Mr. DODD. Mr. President, last week President Bush announced a plan to
escalate U.S. military involvement in Iraq, the continuation of his
failed policy in Iraq. I am strongly opposed to this course.
That is why I have introduced legislation today that will prohibit
the number of troops in Iraq from exceeding the current force levels
without an explicit authorization from Congress. As of January 16,
2007, United States Central Command reports 130,500 American service-
members operating within the borders of Iraq.
It is my hope that Congress can begin debate on my proposal and
others that may be forthcoming before the week is out. It is imperative
that we in Congress act swiftly on this crucial issue.
Let's be very clear, my bill does not prohibit additional funding for
American troops who are currently in harms way. I will continue to do
everything that I can to support our troops so long as they are
stationed in Iraq. My bill would prohibit President Bush from
increasing the number of U.S. service-members in Iraq without prior
authorization from Congress.
The President's decision to escalate U.S. military involvement is a
true disservice to American troops who have shown nothing but
professionalism and courage, and who should not be asked to risk their
lives to become cannon fodder in a civil war rife with ethnic
cleansing.
Moreover, I do not believe that the authorization provided by
Congress in 2002 gives the President unlimited authority to send
additional troops to Iraq for a mission which is completely different
from the one the President himself articulated in March 2002, shortly
after committing U.S. forces to Iraq. On March 22, 2002, the President
of the United States said that our goal in invading Iraq was ``to
disarm Iraq of weapons of mass destruction, to end Saddam Hussein's
support for terrorism, and to free the Iraqi people.''
We all now know that there were no weapons of mass destruction in
Iraq to be disarmed. So we can no longer justify an additional troop
presence on the grounds of WMDs. Saddam Hussein is no longer in a
position to support terrorism, or anything else for that matter. As for
freeing the Iraqi people--Iraq's dictator is dead and the Iraqi people
have duly elected their own leaders to govern them.
Nothing in the 2002 resolution, or in the President's articulation of
his goals for Iraq prior to that resolution suggested that the United
States would, could, or should be engaged in trying to referee a civil
war.
So Congress is confronted with two choices--do nothing; or respond
decisively in opposition to staying the course--a course that is sure
to produce an even more violent, less stable political and security
climate in Iraq.
To me, that choice is clear. Leadership demands that those of us who
think the President is on the wrong track, not simply stand up and say
so, but act to stop this escalation from going forward.
I know that enacting legislation to stop the President from the
course he has chosen will not be easy. But that doesn't mean that the
Congress shouldn't debate it and vote on it--that is exactly what the
American people sent us to Congress to do.
We have arrived at a moment of choice. The President and this
Administration have chosen escalation--more bloodshed, more chaos, and
more violence. If the President wants to escalate our military
commitment to Iraq, and if the President wants to send more troops into
the center of a civil war, then the President must make that case to
the United States Congress and let the full Congress vote on the merits
of such a plan.
The President has stated that he believes that as Commander-in-Chief
he has the authority to order troops to Iraq in the face of
Congressional opposition. We are a Nation of laws. The President is not
above those laws. If Congress passes legislation to limit the
deployment of troops to Iraq, the President will no longer have the
luxury of ignoring the views of the Congress, a co-equal branch of
government. And the time for a blank check is over.
[[Page S602]]
______
By Mr. SANDERS (for himself, Mrs. Boxer, Mr. Kennedy, Mr.
Menendez, Mr. Lautenberg, Mr. Leahy, Mr. Reed, Mr. Akaka, Mr.
Inouye, Mr. Feingold, and Mr. Whitehouse):
S. 309. A bill to amend the Clean Air Act to reduce emissions of
carbon dioxide, and for other purposes; to the Committee on Environment
and Public Works.
Mr. SANDERS. Mr. President, today I am introducing the Global Warming
Pollution Reduction Act of 2007. There are many critically important
issues that we face, including education, health care, the growing and
inexcusable economic inequality in this country, and the situation in
Iraq. Among these issues has to be the threat faced by the earth itself
due to global warming and that is why this legislation is the first
bill that I am introducing as a U.S. Senator.
The Global Warming Pollution Reduction Act, the full text of which I
ask be included in the Record following my remarks, was initially
introduced last year by the Senator whose seat I currently hold,
Senator Jim Jeffords. Jim's leadership in offering a forwardthinking
global warming bill is known by all in this chamber and I am honored to
continue his efforts by introducing this tremendously-important
legislation today.
This bill, is being cosponsored by many of my esteemed colleagues and
I would like to recognize them this morning: Senator Boxer, chairman of
the Environment and Public Works Committee; the Senior Senator from the
great state of Vermont, Mr. Leahy; both Senators from New Jersey, Mr.
Lautenberg and Mr. Menendez; Senators Reed and Whitehouse, both from
Rhode Island; the Senate delegation from the State of Hawaii, Senators
Inouye and Akaka; and Senator Feingold of Wisconsin and Senator Kennedy
of Massachusetts. I appreciate the support of these colleagues in
focusing attention on the most important environmental issue of our
time and urge my other colleagues to join in this effort.
I am also proud that the Global Warming Pollution Reduction Act has
the support of numerous national groups, including the Earth Day
Network, Earthjustice, Environmental Defense, Environmental & Energy
Study Institute, Friends of the Earth, Greenpeace, League of
Conservation Voters, National Audubon Society, National Environmental
Trust, National Wildlife Federation, Natural Resources Defense Council,
Physicians for Social Responsibility, Public Citizen, Sierra Club,
Union of Concerned Scientists, and US PIRG.
The Global Warming Pollution Reduction Act is based on the scientific
evidence and consensus that global warming poses a significant threat
to the United States and the world. In fact, with our national
security, our economy, our public health and welfare, and our global
environment at stake, we must do nothing short of taking bold action.
To that end, I am proud that last week the Vermont state legislature
began 3 weeks of hearings on global warming. Like Americans across the
country, they want action to fight global warming and they wish their
Federal Government would step up and provide leadership commensurate
with the magnitude of the threat. Well, Mr President this bill answers
those pleas for leadership.
Grassroots support for action on global warming is clear. Over 300
mayors have committed their cities to meeting the standards described
in the Kyoto Protocol. In fact, with over 54 million citizens
represented, the U.S. Mayors Climate Protection Agreement provides
clear evidence that everyday citizens--unlike some large corporations
who have continually misrepresented the science of global warming--want
to see movement on this issue. Additionally, a group of northeast
States, including Maine, Connecticut, Delaware, New Hampshire, New
Jersey, New York, and Vermont, have already implemented a regional
effort to reduce greenhouse gas emissions and other northeastern
States, such as Maryland and Massachusetts, are likely to join this
group soon. And, we all know that the State of California has
recognized the need to act on global warming and is moving forward with
a tremendous program.
Despite the increasing calls for action, for years, the Bush
administration has turned a deaf ear as the scientific community warned
us of the problem of global warming and the disastrous impact it will
have on our planet. Sadly, many of these predictions are now becoming a
reality.
Global concentrations of greenhouse gases are incredibly high. In
fact, the atmospheric concentration of greenhouse gases has risen to
378 parts per million--a level unseen during anytime over the past
400,000 years. Additionally, on a global scale, 8 of the 10 years
between 1996 and the end of 2005 are among the warmest 10 years on
record and experts at the National Oceanic and Atmospheric
Administration have just logged 2006 as the hottest year on record for
the U.S. Also, the National Center for Atmospheric Research suggests
that the majority of the ice caps of the Arctic Ocean will melt by the
summer of 2040--decades earlier than previously expected. And, the
situation has become so dramatic that the Department of the Interior
recently suggested listing polar bears on the endangered species list
because their habitat is quite literally disappearing. We are also told
to expect changes in agriculture and water systems, new threats to our
health, and more extreme weather patterns including more intense
hurricanes. All of this is due to global warming caused by the carbon
dioxide and other greenhouse gases that are released into our
atmosphere when we burn fossil fuels.
The good news is that we know how to stop continued global warming--
we simply need the political will to make it happen. The time is now
for bold action that will move our country away from fossil fuels such
as coal, gas, and oil towards efficient, sustainable energy sources
like wind, solar, bio-mass and hydrogen. The bill I introduce today
recognizes the urgency of our circumstances and sets targets for
reduction of U.S. emissions to help stabilize global atmospheric
concentrations of greenhouse gases below 450 parts per million, a
critical level as recognized by leading climate scientists. More
specifically, this legislation calls for an 80 percent decrease--
compared to 1990 levels--in global warming pollutants by 2050 by
enacting a combination of mandatory reduction targets and incentives
that will help develop clean alternative energies.
The concept is simple. By putting our minds to it, we can usher in a
new era of nonpolluting, renewable energy sources. And, what makes this
proposal even more exciting is its potential to reshape our economy and
make the United States a leader in clean and efficient energy
technologies--creating millions of good paying jobs in the process.
In fact, it is a lack of bold vision that will financially cost us.
In October of 2006, Sir Nicholas Stern, a former chief economist of the
World Bank, turned the old economic arguments against taking action on
climate change on their head. In a report to the British government, he
writes that bold action to combat the threat of global warming will in
fact save industrial nations money and that inaction could cost between
5 to 20 percent of global gross domestic product. Speaking to the issue
in no uncertain terms, the report states, ``If no action is taken we
will be faced with the kind of downturn that has not been seen since
the great depression and the two world wars.''
To be quite frank, the time for talk is over. It is time for action
and introduction of this bill signals my commitment to pushing for such
action.
While I ask unanimous consent that Senator Jeffords' full statement
from last year on this important bill be included following my remarks,
I want to read two excerpts from those remarks:
Global warming is real and it is already happening. Its
effects are being felt across the globe and the longer we
delay, the more severe these effects will be.
He went on to say,
In my final year in the Senate, I have often asked myself,
``What lasting actions can I take to make the world a better
place?'' I hope that by proposing real action on climate
change, and passing the torch to a new generation of those
committed to protecting the environment, that I can help make
a difference for us all.
I couldn't be more honored to carry on Senator Jeffords' vision on
behalf of Vermonters and all Americans.
In closing, a country that represents only 6 percent of the world's
population but produces 25 percent of its
[[Page S603]]
greenhouse gas emissions, the United States has a moral obligation to
lead the way toward reducing these emissions. For the sake of our
children and grandchildren, we must meet that obligation. This
legislation will put us on the right path to do so.
I ask unanimous consent that the material be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Statement of Senator Jeffords, July 20, 2006
Mr. President, I rise to introduce the Global Warming
Pollution Reduction Act of 2006.
One of the most important issues facing mankind is the
problem of global warming. Global warming is real and it is
already happening. Its effects are being felt across the
globe and the longer we delay, the more severe these effects
will be. The broad consensus within the scientific community
is that global warming has begun, is largely the result of
human activity, and is accelerating. Atmospheric greenhouse
gas concentrations have risen to 378 parts per million,
nearly one third above pre-industrial levels and higher than
at any time during the past 400,000 years. Projections
indicate that stabilizing concentrations at 450 parts per
million would still mean a temperature increase of two to
four degrees Fahrenheit. Such warming will result in more
extreme weather, increased flooding and drought, disruption
of agricultural and water systems, threats to human health
and loss of sensitive species and ecosystems.
In order to prevent and minimize these effects, we must
take global actions to address this issue as soon as
possible. We owe that to ourselves and to future generations.
The overwhelming majority of Americans support taking some
form of action on climate change. I am today introducing the
Global Warming Pollution Reduction Act, which I believe
responds to that call. I believe this is the most far
reaching and forward thinking climate change bill ever
introduced. It sets a goal of an 80% reduction in global
warming pollutants by 2050. It provides a roadmap for actions
that we will need to take over the next few decades to combat
global warming. I believe that if this bill were passed, it
would put us on the path to potentially solving the global
warming problem. If it were passed, we would reshape our
economy to become more energy independent, cleaner and more
economically competitive. If it were passed, we would have a
chance of avoiding some of the worst and most dangerous
effects of global warming. If it were passed, we would be in
a position to negotiate with other countries as part of the
global solution.
Some will say that this bill imposes requirements that ask
too much of industry. Some will say that this bill contains
requirements that we cannot easily meet. I say first of all
that the costs of inaction vastly outweigh the costs of
action, and that we have a responsibility to future
generations not to leave the earth far worse off than when we
found it--with a fundamentally altered climate system.
Temperature changes, sea level rise, hurricanes, floods and
droughts can affect food production, national security, the
spread of disease and the survival of endangered species.
These are not things to trifle with on the basis of industry
cost estimates, which have frequently been overstated.
But perhaps more importantly, we can act to reduce global
warming. We can reduce emissions to 1990 levels between now
and 2020 through a reduction of just 2 percent per year.
Energy efficiency alone could play a major part in reaching
reductions and new technologies can help as well. Moreover,
additional deployment of existing renewable energy sources,
including bio-fuels, can also help substantially. If we were
to take the actions suggested in this bill, we would find
that we would enhance our energy independence, and we would
become a world leader in clean energy technologies. American
innovation can position us as the world leader in clean
technologies.
In my final year in the Senate, I have often asked myself
``What lasting actions can I take to make the world a better
place?'' I hope that by proposing real action on climate
change, and passing the torch to a new generation of those
committed to protecting the environment, that I can help make
a difference for us all. Global warming is upon us now. The
question is, can we take action now, before it is too late?
We know what we need to do, we know how much we must
reduce, and we have the technology to do so. The question for
this body is, do we have the political will? Can we overcome
our fears and insecurity and act decisively to combat global
warming? That is the opportunity and challenge of the coming
years, which my bill on global warming seeks to address. I
urge my colleagues to join me in the quest for a better,
safer world that is free of the enormous threat posed by
dangerous global warming. I urge my colleagues to support
this important piece of legislation.
____
S. 309
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Warming Pollution
Reduction Act''.
SEC. 2. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by
adding at the end the following:
``TITLE VII--COMPREHENSIVE GLOBAL WARMING POLLUTION REDUCTIONS
``Sec. 701. Findings.
``Sec. 702. Purposes.
``Sec. 703. Definitions.
``Sec. 704. Global warming pollution emission reductions.
``Sec. 705. Conditions for accelerated global warming pollution
emission reduction.
``Sec. 706. Use of allowances for transition assistance and other
purposes.
``Sec. 707. Vehicle emission standards.
``Sec. 708. Emission standards for electric generation units.
``Sec. 709. Low-carbon generation requirement.
``Sec. 710. Geological disposal of global warming pollutants.
``Sec. 711. Research and development.
``Sec. 712. Energy efficiency performance standard.
``Sec. 713. Renewable portfolio standard.
``Sec. 714. Standards to account for biological sequestration of
carbon.
``Sec. 715. Global warming pollution reporting.
``Sec. 716. Clean energy technology deployment in developing countries.
``Sec. 717. Paramount interest waiver.
``Sec. 718. Effect on other law.
``SEC. 701. FINDINGS.
``Congress finds that--
``(1) global warming poses a significant threat to the
national security and economy of the United States, public
health and welfare, and the global environment;
``(2) due largely to an increased use of energy from fossil
fuels, human activities are primarily responsible for the
release of carbon dioxide and other heat-trapping global
warming pollutants that are accumulating in the atmosphere
and causing surface air and subsurface ocean temperatures to
rise;
``(3) as of the date of enactment of this title,
atmospheric concentrations of carbon dioxide are 35 percent
higher than those concentrations were 150 years ago, at 378
parts per million compared to 280 parts per million;
``(4) the United States emits more global warming
pollutants than any other country, and United States carbon
dioxide emissions have increased by an average of 1.3 percent
annually since 1990;
``(5)(A) during the past 100 years, global temperatures
have risen by 1.44 degrees Fahrenheit; and
``(B) from 1970 to the present, those temperatures have
risen by almost 1 degree Fahrenheit;
``(6) 8 years during the 10-year period beginning January
1, 1996, and ending December 31, 2005, were among the 10
warmest years on record;
``(7) average temperatures in the Arctic have increased by
4 to 7 degrees Fahrenheit during the past 50 years;
``(8) global warming has caused--
``(A) ocean temperatures to increase, resulting in rising
sea levels, extensive bleaching of coral reefs worldwide, and
an increase in the intensity of tropical storms;
``(B) the retreat of Arctic sea ice by an average of 9
percent per decade since 1978;
``(C) the widespread thawing of permafrost in polar,
subpolar, and mountainous regions;
``(D) the redistribution and loss of species; and
``(E) the rapid shrinking of glaciers;
``(9) the United States must adopt a comprehensive and
effective national program of mandatory limits and incentives
to reduce global warming pollution emissions into the
atmosphere;
``(10) at the current rate of emission, global warming
pollution concentrations in the atmosphere could reach more
than 600 parts per million in carbon dioxide equivalent, and
global average mean temperature could rise an additional 2.7
to 11 degrees Fahrenheit, by the end of the century;
``(11) although an understanding of all details of the
Earth system is not yet complete, present knowledge indicates
that potential future temperature increases could result in--
``(A) the further or complete melting of the Antarctic and
Greenland ice sheets;
``(B) the disruption of the North-Atlantic Thermohaline
Circulation (commonly known as the `Gulf Stream');
``(C) the extinction of species; and
``(D) large-scale disruptions of the natural systems that
support life;
``(12) there exists an array of technological options for
use in reducing global warming pollution emissions, and
significant reductions can be attained using a portfolio of
options that will not adversely impact the economy;
``(13) the ingenuity of the people of the United States
will allow the Nation to become a leader in solving global
warming; and
``(14) it should be a goal of the United States to achieve
a reduction in global warming pollution emissions in the
United States--
``(A) to ensure that the average global temperature does
not increase by more than 3.6 degrees Fahrenheit (2 degrees
Celsius); and
``(B) to facilitate the achievement of an average global
atmospheric concentration of
[[Page S604]]
global warming pollutants that does not exceed 450 parts per
million in carbon dioxide equivalent.
``SEC. 702. PURPOSES.
``The purposes of this title are--
``(1) to achieve a reduction in global warming pollution
emissions compatible with ensuring that--
``(A) the average global temperature does not increase by
more than 3.6 degrees Fahrenheit (2 degrees Celsius) above
the preindustrial average; and
``(B) total average global atmospheric concentrations of
global warming pollutants do not exceed 450 parts per million
in carbon dioxide equivalent;
``(2) to reduce by calendar year 2050 the aggregate net
level of global warming pollution emissions of the United
States to a level that is 80 percent below the aggregate net
level of global warming pollution emissions for calendar year
1990;
``(3) to allow for an acceleration of reductions in global
warming pollution emissions to prevent--
``(A) average global temperature from increasing by more
than 3.6 degrees Fahrenheit (2 degrees Celsius) above the
preindustrial average; or
``(B) global atmospheric concentrations of global warming
pollutants from exceeding 450 parts per million;
``(4) to establish a motor vehicle global warming pollution
emission requirement;
``(5) to require electric generation units to meet a global
warming pollution emission standard;
``(6) to establish rules for the safe geological
sequestration of carbon dioxide;
``(7) to encourage energy efficiency and the use of
renewable energy by establishing a renewable portfolio
standard and an energy efficiency portfolio standard;
``(8) to provide for research relating to, and development
of, the technologies to control global warming pollution
emissions;
``(9) to position the United States as the world leader in
reducing the risk of the potentially devastating, wide-
ranging impacts associated with global warming; and
``(10) to promote, through leadership by the United States,
accelerated reductions in global warming pollution from other
countries with significant global warming pollution
emissions.
``SEC. 703. DEFINITIONS.
``In this title:
``(1) Academy.--The term `Academy' means the National
Academy of Sciences.
``(2) Carbon dioxide equivalent.--The term `carbon dioxide
equivalent' means, for each global warming pollutant, the
quantity of the global warming pollutant that makes the same
contribution to global warming as 1 metric ton of carbon
dioxide, as determined by the Administrator, taking into
account the study and report described in section 705(a).
``(3) Facility.--The term `facility' means all buildings,
structures, or installations that are--
``(A) located on 1 or more contiguous or adjacent
properties under common control of the same persons; and
``(B) located in the United States.
``(4) Global warming pollutant.--The term `global warming
pollutant' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons;
``(F) sulfur hexafluoride; and
``(G) any other anthropogenically-emitted gas that the
Administrator, after notice and comment, determines to
contribute to global warming.
``(5) Global warming pollution.--The term `global warming
pollution' means any combination of 1 or more global warming
pollutants emitted into the ambient air or atmosphere.
``(6) Market-based program.--The term `market-based
program' means a program that places an absolute limit on the
aggregate net global warming pollution emissions of 1 or more
sectors of the economy of the United States, while allowing
the transfer or sale of global warming pollution emission
allowances.
``(7) NAS report.--The term `NAS report' means a report
completed by the Academy under subsection (a) or (b) of
section 705.
``SEC. 704. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS.
``(a) Emission Reduction Goal.--Congress declares that--
``(1) it shall be the goal of the United States, acting in
concert with other countries that emit global warming
pollutants, to achieve a reduction in global warming
pollution emissions--
``(A) to ensure that the average global temperature does
not increase by more than 3.6 degrees Fahrenheit (2 degrees
Celsius); and
``(B) to facilitate the achievement of an average global
atmospheric concentration of global warming pollutants that
does not exceed 450 parts per million in carbon dioxide
equivalent; and
``(2) in order to achieve the goal described in paragraph
(1), the United States shall reduce the global warming
pollution emissions of the United States by a quantity that
is proportional to the share of the United States of the
reductions that are necessary--
``(A) to ensure that the average global temperature does
not increase more than 3.6 degrees Fahrenheit (2 degrees
Celsius); and
``(B) to stabilize average global warming pollution
concentrations globally at or below 450 parts per million in
carbon dioxide equivalent.
``(b) Emission Reduction Milestones for 2020.--
``(1) In general.--To achieve the goal described in
subsection (a)(1), not later than 2 years after the date of
enactment of this title, after an opportunity for public
notice and comment, the Administrator shall promulgate any
rules that are necessary to reduce, by not later than January
1, 2020, the aggregate net levels of global warming pollution
emissions of the United States to the aggregate net level of
those global warming pollution emissions during calendar year
1990.
``(2) Achievement of milestones.--To the maximum extent
practicable, the reductions described in paragraph (1) shall
be achieved through an annual reduction in the aggregate net
level of global warming pollution emissions of the United
States of approximately 2 percent for each of calendar years
2010 through 2020.
``(c) Emission Reduction Milestones for 2030, 2040, and
2050.--Except as described in subsection (d), not later than
January 1, 2018, after an opportunity for public notice and
comment, the Administrator shall promulgate any rules that
are necessary to reduce the aggregate net levels of global
warming pollution emissions of the United States--
``(1) by calendar year 2030, by \1/3\ of 80 percent of the
aggregate net level of global warming pollution emissions of
the United States during calendar year 1990;
``(2) by calendar year 2040, by \2/3\ of 80 percent of the
aggregate net level of the global warming pollution emissions
of the United States during calendar year 1990; and
``(3) by calendar year 2050, by 80 percent of the aggregate
net level of global warming pollution emissions of the United
States during calendar year 1990.
``(d) Accelerated Emission Reduction Milestones.--If an NAS
report determines that any of the events described in section
705(a)(2) have occurred, or are more likely than not to occur
in the foreseeable future, not later than 2 years after the
date of completion of the NAS report, the Administrator,
after an opportunity for public notice and comment and taking
into account the new information reported in the NAS report,
may adjust the milestones under this section and promulgate
any rules that are necessary--
``(1) to reduce the aggregate net levels of global warming
pollution emissions from the United States on an accelerated
schedule; and
``(2) to minimize the effects of rapid climate change and
achieve the goals of this title.
``(e) Report on Achievement of Milestones.--If an NAS
report determines that a milestone under paragraph (1) or (2)
of subsection (c) cannot be achieved because of technological
infeasibility, the Administrator shall submit to Congress a
notification of that determination.
``(f) Emission Reduction Policies.--
``(1) In general.--In implementing subsections (a) through
(e), the Administrator may establish 1 or more market-based
programs.
``(2) Market-based program policies.--
``(A) In general.--In implementing any market-based
program, the Administrator shall allocate to households,
communities, and other entities described in section 706(a)
any global warming pollution emission allowances that are not
allocated to entities covered under the emission limitation.
``(B) Recognition of emission reductions made in compliance
with state and local laws.--A market-based program may
recognize reductions of global warming pollution emissions
made before the effective date of the market-based program if
the Administrator determines that--
``(i)(I) the reductions were made in accordance with a
State or local law;
``(II) the State or local law is at least as stringent as
the rules established for the market-based program under
paragraph (1); and
``(III) the reductions are at least as verifiable as
reductions made in accordance with those rules; or
``(ii) for any given entity subject to the market-based
program, the entity demonstrates that the entity has made
entity-wide reductions of global warming pollution emissions
before the effective date of the market-based program, but
not earlier than calendar year 1992, that are at least as
verifiable as reductions made in accordance with the rules
established for the market-based program under paragraph (1).
``(C) Publication.--If the Administrator determines that it
is necessary to establish a market-based program, the
Administrator shall publish notice of the determination in
the Federal Register.
``(D) Limitations on market-based programs.--
``(i) Definitions.--In this subparagraph:
``(I) Annual allowance price.--The term `annual allowance
price' means the average market price of global warming
pollution emission allowances for a calendar year.
``(II) Declining emissions cap with a technology-indexed
stop price.--The term `declining emissions cap with a
technology-indexed stop price' means a feature of a market-
based program for an industrial sector, or on an economy-wide
basis, under which the emissions cap declines by a fixed
percentage each calendar year or, during any year in which
the annual allowance price exceeds the technology-indexed
stop price, the
[[Page S605]]
emissions cap remains the same until the occurrence of the
earlier of--
``(aa) the date on which the annual allowance price no
longer exceeds the technology-indexed stop price; or
``(bb) the date on which a period of 3 years has elapsed
during which the emissions cap has remained unchanged.
``(III) Emissions cap.--The term `emissions cap' means the
total number of global warming pollution emission allowances
issued for a calendar year.
``(IV) Technology-indexed stop price.--The term
`technology-indexed stop price' means a price per ton of
global warming pollution emissions determined annually by the
Administrator that is not less than the technology-specific
average cost of preventing the emission of 1 ton of global
warming pollutants through commercial deployment of any
available zero-carbon or low-carbon technologies. With
respect to the electricity sector, those technologies shall
consist of--
``(aa) wind-generated electricity;
``(bb) photovoltaic-generated electricity;
``(cc) geothermal energy;
``(dd) solar thermally-generated energy;
``(ee) wave-based forms of energy;
``(ff) any fossil fuel-based electric generating technology
emitting less than 250 pounds per megawatt hour; and
``(gg) any zero-carbon-emitting electric generating
technology that does not generate radioactive waste.
``(ii) Implementation.--In implementing any market-based
program under this Act, for the period prior to January 1,
2020, the Administrator shall consider the impact on the
economy of the United States of implementing the program with
a declining emissions cap through the use of a technology-
indexed stop price.
``(iii) Other emitting sectors.--The Administrator may
consider the use of a declining emissions cap with a
technology-indexed stop price, or similar approaches, for
other emitting sectors based on low-carbon or zero-carbon
technologies, including--
``(I) biofuels;
``(II) hydrogen power; and
``(III) other sources of energy and transportation fuel.
``(g) Cost-Effectiveness.--In promulgating regulations
under this section, the Administrator shall select the most
cost-effective options for global warming pollution control
and emission reduction strategies.
``SEC. 705. CONDITIONS FOR ACCELERATED GLOBAL WARMING
POLLUTION EMISSION REDUCTION.
``(a) Report on Global Change Events by the Academy.--
``(1) In general.--The Administrator shall offer to enter
into a contract with the Academy under which the Academy, not
later than 2 years after the date of enactment of this title,
and every 3 years thereafter, shall submit to Congress and
the Administrator a report that describes whether any of the
events described in paragraph (2)--
``(A) have occurred or are more likely than not to occur in
the foreseeable future; and
``(B) in the judgment of the Academy, are the result of
anthropogenic climate change.
``(2) Events.--The events referred to in paragraph (1)
are--
``(A) the exceedance of an atmospheric concentration of
global warming pollutants of 450 parts per million in carbon
dioxide equivalent; and
``(B) an increase of global average temperatures in excess
of 3.6 degrees Fahrenheit (2 degrees Celsius) above the
preindustrial average.
``(b) Technology Reports.--
``(1) Definition of technologically infeasible.--In this
subsection, the term `technologically infeasible', with
respect to a technology, means that the technology--
``(A) will not be demonstrated beyond laboratory-scale
conditions;
``(B) would be unsafe;
``(C) would not reliably reduce global warming pollution
emissions; or
``(D) would prevent the activity to which the technology
applies from meeting or performing its primary purpose (such
as generating electricity or transporting goods or
individuals).
``(2) Reports.--The Administrator shall offer to enter into
a contract with the Academy under which the Academy, not
later than 2 years after the date of enactment of this title
and every 3 years thereafter, shall submit to Congress and
the Administrator a report that describes or analyzes--
``(A) the status of current global warming pollution
emission reduction technologies, including--
``(i) technologies for capture and disposal of global
warming pollutants;
``(ii) efficiency improvement technologies;
``(iii) zero-global-warming-pollution-emitting energy
technologies; and
``(iv) above- and below-ground biological sequestration
technologies;
``(B) whether any of the requirements under this title
(including regulations promulgated under this title) mandate
a level of emission control or reduction that, based on
available or expected technology, will be technologically
infeasible at the time at which the requirements become
effective;
``(C) the projected date on which any technology determined
to be technologically infeasible will become technologically
feasible;
``(D) whether any technology determined to be
technologically infeasible cannot reasonably be expected to
become technologically feasible prior to calendar year 2050;
and
``(E) the costs of available alternative global warming
pollution emission reduction strategies that could be used or
pursued in lieu of any technologies that are determined to be
technologically infeasible.
``(3) Report evaluating 2050 milestone.--Not later than
December 31, 2037, the Administrator shall offer to enter
into a contract with the Academy under which, not later than
December 31, 2039, the Academy shall prepare and submit to
Congress and the Administrator a report on the
appropriateness of the milestone described in section
704(c)(3), taking into consideration--
``(A) information that was not available as of the date of
enactment of this title; and
``(B) events that have occurred since that date relating
to--
``(i) climate change;
``(ii) climate change technologies; and
``(iii) national and international climate change
commitments.
``(c) Additional Items in NAS Report.--In addition to the
information described in subsection (a)(1) that is required
to be included in the NAS report, the Academy shall include
in the NAS report--
``(1) an analysis of the trends in annual global warming
pollution emissions by the United States and the other
countries that collectively account for more than 90 percent
of global warming pollution emissions (including country-
specific inventories of global warming pollution emissions
and facility-specific inventories of global warming pollution
emissions in the United States);
``(2) an analysis of the trends in global warming pollution
concentrations (including observed atmospheric concentrations
of global warming pollutants);
``(3) a description of actual and projected global change
impacts that may be caused by anthropogenic global warming
pollution emissions, in addition to the events described in
subsection (a)(2); and
``(4) such other information as the Academy determines to
be appropriate.
``SEC. 706. USE OF ALLOWANCES FOR TRANSITION ASSISTANCE AND
OTHER PURPOSES.
``(a) Regulations Governing Allocation of Allowances for
Transition Assistance to Individuals and Entities.--
``(1) In general.--In implementing any market-based
program, the Administrator may promulgate regulations
providing for the allocation of global warming pollution
emission allowances to the individuals and entities, or for
the purposes, specified in subsection (b).
``(2) Requirements.--Regulations promulgated under
paragraph (1) may, as the Administrator determines to be
necessary, provide for the appointment of 1 or more
trustees--
``(A) to receive emission allowances for the benefit of
households, communities, and other entities described in
paragraph (1);
``(B) to sell the emission allowances at fair market value;
and
``(C) to distribute the proceeds of any sale of emission
allowances to the appropriate beneficiaries.
``(b) Allocation for Transition Assistance.--The
Administrator may allocate emission allowances, in accordance
with regulations promulgated under subsection (a), to--
``(1) communities, individuals, and companies that have
experienced disproportionate adverse impacts as a result of--
``(A) the transition to a lower carbon-emitting economy; or
``(B) global warming;
``(2) owners and operators of highly energy-efficient
buildings, including--
``(A) residential users;
``(B) producers of highly energy-efficient products; and
``(C) entities that carry out energy-efficiency improvement
projects pursuant to section 712 that result in consumer-side
reductions in electricity use;
``(3) entities that will use the allowances for the purpose
of carrying out geological sequestration of carbon dioxide
produced by an anthropogenic global warming pollution
emission source in accordance with requirements established
by the Administrator;
``(4) such individuals and entities as the Administrator
determines to be appropriate, for use in carrying out
projects to reduce net carbon dioxide emissions through
above-ground and below-ground biological carbon dioxide
sequestration (including sequestration in forests, forest
soils, agricultural soils, rangeland, or grassland in the
United States);
``(5) such individuals and entities (including fish and
wildlife agencies) as the Administrator determines to be
appropriate, for use in carrying out projects to protect and
restore ecosystems (including fish and wildlife) affected by
climate change; and
``(6) manufacturers producing consumer products that result
in substantially reduced global warming pollution emissions,
for use in funding rebates for purchasers of those products.
``SEC. 707. VEHICLE EMISSION STANDARDS.
``(a) Vehicles Under 10,000 Pounds.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall promulgate regulations requiring each
fleet of automobiles sold by a manufacturer in the United
States beginning in model year 2016 to meet the standards for
global warming pollution emissions described in paragraph
(2).
[[Page S606]]
``(2) Emission standards.--The average global warming
pollution emissions of a vehicle fleet described in paragraph
(1) shall not exceed--
``(A) 205 carbon dioxide equivalent grams per mile for
automobiles with--
``(i) a gross vehicle weight of not more than 8,500 pounds;
and
``(ii) a loaded vehicle weight of not more than 3,750
pounds;
``(B) 332 carbon dioxide equivalent grams per mile for--
``(i) automobiles with--
``(I) a gross vehicle weight of not more than 8,500 pounds;
and
``(II) a loaded vehicle weight of more than 3,750 pounds;
and
``(ii) medium-duty passenger vehicles; and
``(C) 405 carbon dioxide equivalent grams per mile for
vehicles--
``(i) with a gross vehicle weight of between 8,501 pounds
and 10,000 pounds; and
``(ii) that are not medium-duty passenger vehicles.
``(3) Heightened standards.--After model year 2016, the
Administrator may promulgate regulations that increase the
stringency of emission standards described in paragraph (2)
as necessary to meet the emission reduction goal described in
section 704(e)(3).
``(b) Highway Vehicles Over 10,000 Pounds.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall promulgate regulations requiring each
fleet of highway vehicles over 10,000 pounds sold by a
manufacturer in the United States beginning in model year
2020 to meet the standards for global warming pollution
emissions described in paragraph (2).
``(2) Emission standards.--The average global warming
pollution emissions of a vehicle fleet described in paragraph
(1) shall not exceed--
``(A) 850 carbon dioxide equivalent grams per mile for
highway vehicles with a gross vehicle weight rating between
10,001 pounds and 26,000 pounds; and
``(B) 1,050 carbon dioxide equivalent grams per mile for
highway vehicles with a gross vehicle weight rating of more
than 26,000 pounds.
``(3) Heightened standards.--After model year 2020, the
Administrator may promulgate regulations that increase the
stringency of emission standards described in paragraph (2)
as necessary to meet the emission reduction goal described in
section 704(a)(1).
``(c) Adjustment of Requirements.--Taking into account
appropriate lead times for vehicle manufacturers, if the
Academy determines, pursuant to an NAS report, that a vehicle
emission standard under this section is or will be
technologically infeasible as of the effective date of the
standard, the Administrator may, by regulation, modify the
requirement to take into account the determination of the
Academy.
``(d) Study.--
``(1) In general.--Not later than January 1, 2008, the
Administrator shall enter into a contract with the Academy
under which the Academy shall conduct a study of, and submit
to the Administrator a report on, the potential contribution
of the non-highway portion of the transportation sector
toward meeting the emission reduction goal described in
section 704(a)(1).
``(2) Requirements.--The study shall analyze--
``(A) the technological feasibility and cost-effectiveness
of global warming pollution reductions from the non-highway
sector; and
``(B) the overall potential contribution of that sector in
terms of emissions, in meeting the emission reduction goal
described in section 704(a)(1).
``SEC. 708. EMISSION STANDARDS FOR ELECTRIC GENERATION UNITS.
``(a) Initial Standard.--
``(1) In general.--Not later than 2 years after the date of
enactment of this title, the Administrator shall, by
regulation, require each unit that is designed and intended
to provide electricity at a unit capacity factor of at least
60 percent and that begins operation after December 31, 2011,
to meet the standard described in paragraph (2).
``(2) Standard.--Beginning on December 31, 2015, a unit
described in paragraph (1) shall meet a global warming
pollution emission standard that is not higher than the
emission rate of a new combined cycle natural gas generating
unit.
``(3) More stringent requirements.--For the period
beginning on January 1 of the calendar year following the
effective date of the regulation described in paragraph (1)
and ending on December 31, 2029, the Administrator may
increase the stringency of the global warming pollution
emission standard described in paragraph (1) with respect to
electric generation units described in that paragraph.
``(b) Final Standard.--Not later than December 31, 2030,
the Administrator shall require each electric generation
unit, regardless of when the unit began to operate, to meet
the applicable emission standard under subsection (a).
``(c) Adjustment of Requirements.--If the Academy
determines, pursuant to section 705, that a requirement of
this section is or will be technologically infeasible at the
time at which the requirement becomes effective, the
Administrator, may, by regulation, adjust or delay the
effective date of the requirement as is necessary to take
into consideration the determination of the Academy.
``SEC. 709. LOW-CARBON GENERATION REQUIREMENT.
``(a) Definitions.--In this section:
``(1) Base quantity of electricity.--The term `base
quantity of electricity' means the total quantity of
electricity produced for sale by a covered generator during
the calendar year immediately preceding a compliance year
from coal, petroleum coke, lignite, or any combination of
those fuels.
``(2) Covered generator.--The term `covered generator'
means an electric generating unit that--
``(A) has a rated capacity of 25 megawatts or more; and
``(B) has an annual fuel input at least 50 percent of which
is provided by coal, petroleum coke, lignite, or any
combination of those fuels.
``(3) Low-carbon generation.--The term `low-carbon
generation' means electric energy generated from an electric
generating unit at least 50 percent of the annual fuel input
of which, in any year--
``(A) is provided by coal, petroleum coke, lignite,
biomass, or any combination of those fuels; and
``(B) results in an emission rate into the atmosphere of
not more than 250 pounds of carbon dioxide per megawatt-hour
(after adjustment for carbon dioxide from the electric
generating unit that is geologically sequestered in a
geological repository approved by the Administrator pursuant
to subsection (e)).
``(4) Program.--The term `program' means the low-carbon
generation credit trading program established under
subsection (d)(1).
``(b) Requirement.--
``(1) Calendar years 2015 through 2020.--Of the base
quantity of electricity produced for sale by a covered
generator for a calendar year, the covered generator shall
provide a minimum percentage of that base quantity of
electricity for the calendar year from low-carbon generation,
as specified in the following table:
Minimum annual
``Calendar year: percentage:
2015................................................................0.5
2016................................................................1.0
2017................................................................2.0
2018................................................................3.0
2019................................................................4.0
2020................................................................5.0
``(2) Calendar years 2021 through 2025.--For each of
calendar years 2021 through 2025, the Administrator may
increase the minimum percentage of the base quantity of
electricity from low-carbon generation described in paragraph
(1) by up to 2 percentage points from the previous year, as
the Administrator determines to be necessary to achieve the
emission reduction goal described in section 704(a)(1).
``(3) Calendar years 2026 through 2030.--For each of
calendar years 2026 through 2030, the Administrator may
increase the minimum percentage of the base quantity of
electricity from low-carbon generation described in paragraph
(1) by up to 3 percentage points from the previous year, as
the Administrator determines to be necessary to achieve the
emission reduction goal described in section 704(a)(1).
``(c) Means of Compliance.--An owner or operator of a
covered generator shall comply with subsection (b) by--
``(1) generating electric energy using low-carbon
generation;
``(2) purchasing electric energy generated by low-carbon
generation;
``(3) purchasing low-carbon generation credits issued under
the program; or
``(4) undertaking a combination of the actions described in
paragraphs (1) through (3).
``(d) Low-Carbon Generation Credit Trading Program.--
``(1) In general.--Not later than January 1, 2008, the
Administrator shall establish, by regulation after notice and
opportunity for comment, a low-carbon generation trading
program to permit an owner or operator of a covered generator
that does not generate or purchase enough electric energy
from low-carbon generation to comply with subsection (b) to
achieve that compliance by purchasing sufficient low-carbon
generation credits.
``(2) Requirements.--As part of the program, the
Administrator shall--
``(A) issue to producers of low-carbon generation, on a
quarterly basis, a single low-carbon generation credit for
each kilowatt hour of low-carbon generation sold during the
preceding quarter; and
``(B) ensure that a kilowatt hour, including the associated
low-carbon generation credit, shall be used only once for
purposes of compliance with subsection (b).
``(e) Enforcement.--An owner or operator of a covered
generator that fails to comply with subsection (b) shall be
subject to a civil penalty in an amount equal to the product
obtained by multiplying--
``(1) the number of kilowatt-hours of electric energy sold
to electric consumers in violation of subsection (b); and
``(2) the greater of--
``(A) 2.5 cents (as adjusted under subsection (g)); or
``(B) 200 percent of the average market value of those low-
carbon generation credits during the year in which the
violation occurred.
``(f) Exemption.--This section shall not apply for any
calendar year to an owner or operator of a covered generator
that sold less than 40,000 megawatt-hours of electric energy
produced from covered generators during the preceding
calendar year.
``(g) Inflation Adjustment.--Not later than December 31,
2008, and annually thereafter, the Administrator shall adjust
the
[[Page S607]]
amount of the civil penalty for each kilowatt-hour calculated
under subsection (e)(2) to reflect changes for the 12-month
period ending on the preceding November 30 in the Consumer
Price Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.
``(h) Technological Infeasibility.--If the Academy
determines, pursuant to section 705, that the schedule for
compliance described in subsection (b) is or will be
technologically infeasible for covered generators to meet,
the Administrator may, by regulation, adjust the schedule as
the Administrator determines to be necessary to take into
account the consideration of the determination of the
Academy.
``(i) Termination of Authority.--This section and the
authority provided by this section terminate on December 31,
2030.
``SEC. 710. GEOLOGICAL DISPOSAL OF GLOBAL WARMING POLLUTANTS.
``(a) Geological Carbon Dioxide Disposal Deployment
Projects.--
``(1) In general.--The Administrator shall establish a
competitive grant program to provide grants to 5 entities for
the deployment of projects to geologically dispose of carbon
dioxide (referred to in this subsection as `geological
disposal deployment projects').
``(2) Location.--Each geological disposal deployment
project shall be conducted in a geologically distinct
location in order to demonstrate the suitability of a variety
of geological structures for carbon dioxide disposal.
``(3) Components.--Each geological disposal deployment
project shall include an analysis of--
``(A) mechanisms for trapping the carbon dioxide to be
geologically disposed;
``(B) techniques for monitoring the geologically disposed
carbon dioxide;
``(C) public response to the geological disposal deployment
project; and
``(D) the permanency of carbon dioxide storage in
geological reservoirs.
``(4) Requirements.--
``(A) In general.--The Administrator shall establish--
``(i) appropriate conditions for environmental protection
with respect to geological disposal deployment projects to
protect public health and the environment; and
``(ii) requirements relating to applications for grants
under this subsection.
``(B) Rulemaking.--The establishment of requirements under
subparagraph (A) shall not require a rulemaking.
``(C) Minimum requirements.--At a minimum, each application
for a grant under this subsection shall include--
``(i) a description of the geological disposal deployment
project proposed in the application;
``(ii) an estimate of the quantity of carbon dioxide to be
geologically disposed over the life of the geological
disposal deployment project; and
``(iii) a plan to collect and disseminate data relating to
each geological disposal deployment project to be funded by
the grant.
``(5) Partners.--An applicant for a grant under this
subsection may carry out a geological disposal deployment
project under a pilot program in partnership with 1 or more
public or private entities.
``(6) Selection criteria.--In evaluating applications under
this subsection, the Administrator shall--
``(A) consider the previous experience of each applicant
with similar projects; and
``(B) give priority consideration to applications for
geological disposal deployment projects that--
``(i) offer the greatest geological diversity from other
projects that have previously been approved;
``(ii) are located in closest proximity to a source of
carbon dioxide;
``(iii) make use of the most affordable source of carbon
dioxide;
``(iv) are expected to geologically dispose of the largest
quantity of carbon dioxide;
``(v) are combined with demonstrations of advanced coal
electricity generation technologies;
``(vi) demonstrate the greatest commitment on the part of
the applicant to ensure funding for the proposed
demonstration project and the greatest likelihood that the
demonstration project will be maintained or expanded after
Federal assistance under this subsection is completed; and
``(vii) minimize any adverse environmental effects from the
project.
``(7) Period of grants.--
``(A) In general.--A geological disposal deployment project
funded by a grant under this subsection shall begin
construction not later than 3 years after the date on which
the grant is provided.
``(B) Term.--The Administrator shall not provide grant
funds to any applicant under this subsection for a period of
more than 5 years.
``(8) Transfer of information and knowledge.--The
Administrator shall establish mechanisms to ensure that the
information and knowledge gained by participants in the
program under this subsection are published and disseminated,
including to other applicants that submitted applications for
a grant under this subsection.
``(9) Schedule.--
``(A) Publication.--Not later than 180 days after the date
of enactment of this title, the Administrator shall publish
in the Federal Register, and elsewhere as appropriate, a
request for applications to carry out geological disposal
deployment projects.
``(B) Date for applications.--An application for a grant
under this subsection shall be submitted not later than 180
days after the date of publication of the request under
subparagraph (A).
``(C) Selection.--After the date by which applications for
grants are required to be submitted under subparagraph (B),
the Administrator, in a timely manner, shall select, after
peer review and based on the criteria under paragraph (6),
those geological disposal deployment projects to be provided
a grant under this subsection.
``(b) Interim Standards.--Not later than 3 years after the
date of enactment of this title, the Administrator, in
consultation with the Secretary of Energy, shall, by
regulation, establish interim geological carbon dioxide
disposal standards that address--
``(1) site selection;
``(2) permitting processes;
``(3) monitoring requirements;
``(4) public participation; and
``(5) such other issues as the Administrator and the
Secretary of Energy determine to be appropriate.
``(c) Final Standards.--Not later than 6 years after the
date of enactment of this title, taking into account the
results of geological disposal deployment projects carried
out under subsection (a), the Administrator shall, by
regulation, establish final geological carbon dioxide
disposal standards.
``(d) Considerations.--In developing standards under
subsections (b) and (c), the Administrator shall consider the
experience in the United States in regulating--
``(1) underground injection of waste;
``(2) enhanced oil recovery;
``(3) short-term storage of natural gas; and
``(4) long-term waste storage.
``(e) Termination of Authority.--This section and the
authority provided by this section terminate on December 31,
2030.
``SEC. 711. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Administrator shall carry out a
program to perform and support research on global climate
change standards and processes, with the goals of--
``(1) providing scientific and technical knowledge
applicable to the reduction of global warming pollutants; and
``(2) facilitating implementation of section 704.
``(b) Research Program.--
``(1) In general.--The Administrator shall carry out,
directly or through the use of contracts or grants, a global
climate change standards and processes research program.
``(2) Research.--
``(A) Contents and priorities.--The specific contents and
priorities of the research program shall be determined in
consultation with appropriate Federal agencies, including--
``(i) the National Oceanic and Atmospheric Administration;
``(ii) the National Aeronautics and Space Administration;
and
``(iii) the Department of Energy.
``(B) Types of research.--The research program shall
include the conduct of basic and applied research--
``(i) to develop and provide the enhanced measurements,
calibrations, data, models, and reference material standards
necessary to enable the monitoring of global warming
pollution;
``(ii) to assist in establishing a baseline reference point
for future trading in global warming pollutants (including
the measurement of progress in emission reductions);
``(iii) for international exchange as scientific or
technical information for the stated purpose of developing
mutually-recognized measurements, standards, and procedures
for reducing global warming pollution; and
``(iv) to assist in developing improved industrial
processes designed to reduce or eliminate global warming
pollution.
``(3) Abrupt climate change research.--
``(A) Definition of abrupt climate change.--In this
paragraph, the term `abrupt climate change' means a change in
climate that occurs so rapidly or unexpectedly that humans or
natural systems may have difficulty adapting to the change.
``(B) Research.--The Administrator shall carry out a
program of scientific research on potential abrupt climate
change that is designed--
``(i) to develop a global array of terrestrial and
oceanographic indicators of paleoclimate in order to identify
and describe past instances of abrupt climate change;
``(ii) to improve understanding of thresholds and
nonlinearities in geophysical systems relating to the
mechanisms of abrupt climate change;
``(iii) to incorporate those mechanisms into advanced
geophysical models of climate change; and
``(iv) to test the output of those models against an
improved global array of records of past abrupt climate
changes.
``(c) Sense of the Senate.--It is the sense of the Senate
that Federal funds for clean, low-carbon energy research,
development, and deployment should be increased by at least
100 percent for each year during the 10-year period beginning
on the date of enactment of this title.
``SEC. 712. ENERGY EFFICIENCY PERFORMANCE STANDARD.
``(a) Definitions.--In this section:
``(1) Electricity savings.--
``(A) In general.--The term `electricity savings' means
reductions in end-use electricity consumption relative to
consumption by the same customer or at the same new or
[[Page S608]]
existing facility in a given year, as defined in regulations
promulgated by the Administrator under subsection (e).
``(B) Inclusions.--The term `savings' includes savings
achieved as a result of--
``(i) installation of energy-saving technologies and
devices; and
``(ii) the use of combined heat and power systems, fuel
cells, or any other technology identified by the
Administrator that recaptures or generates energy solely for
onsite customer use.
``(C) Exclusion.--The term `savings' does not include
savings from measures that would likely be adopted in the
absence of energy-efficiency programs, as determined by the
Administrator.
``(2) Retail electricity sales.--The term `retail
electricity sales' means the total quantity of electric
energy sold by a retail electricity supplier to retail
customers during the most recent calendar year for which that
information is available.
``(3) Retail electricity supplier.--The term `retail
electricity supplier' means a distribution or integrated
utility, or an independent company or entity, that sells
electric energy to consumers.
``(b) Energy Efficiency Performance Standard.--Each retail
electricity supplier shall implement programs and measures to
achieve improvements in energy efficiency and peak load
reduction, as verified by the Administrator.
``(c) Targets.--For calendar year 2008 and each calendar
year thereafter, the Administrator shall ensure that retail
electric suppliers annually achieve electricity savings and
reduce peak power demand and electricity use by retail
customers by a percentage that is not less than the
applicable target percentage specified in the following
table:
----------------------------------------------------------------------------------------------------------------
Reduction in peak demand (in Reduction in electricity use
Calendar year percent) (in percent)
----------------------------------------------------------------------------------------------------------------
2008.............................................. .25 .25
2009.............................................. .75 .75
2010.............................................. 1.75 1.5
2011.............................................. 2.75 2.25
2012.............................................. 3.75 3.0
2013.............................................. 4.75 3.75
2014.............................................. 5.75 4.5
2015.............................................. 6.75 5.25
2016.............................................. 7.75 6.0
2017.............................................. 8.75 6.75
2018.............................................. 9.75 7.5
2019.............................................. 10.75 8.25
2020 and each calendar year thereafter............ 11.75 9.0
----------------------------------------------------------------------------------------------------------------
``(d) Beginning Date.--For the purpose of meeting the
targets established under subsection (c), electricity savings
shall be calculated based on the sum of--
``(1) savings realized as a result of actions taken by the
retail electric supplier during the specified calendar year;
and
``(2) cumulative savings realized as a result of
electricity savings achieved in all previous calendar years
(beginning with calendar year 2006).
``(e) Implementing Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator shall promulgate
regulations to implement the targets established under
subsection (c).
``(2) Requirements.--The regulations shall establish--
``(A) a national credit system permitting credits to be
awarded, bought, sold, or traded by and among retail
electricity suppliers;
``(B) a fee equivalent to not less than 4 cents per
kilowatt hour for retail energy suppliers that do not meet
the targets established under subsection (c); and
``(C) standards for monitoring and verification of
electricity use and demand savings reported by the retail
electricity suppliers.
``(3) Consideration of transmission and distribution
efficiency.--In developing regulations under this subsection,
the Administrator shall consider whether savings, in whole or
part, achieved by retail electricity suppliers by improving
the efficiency of electric distribution and use should be
eligible for credits established under this section.
``(f) Compliance With State Law.--Nothing in this section
shall supersede or otherwise affect any State or local law
requiring or otherwise relating to reductions in total annual
electricity consumption, or peak power consumption, by
electric consumers to the extent that the State or local law
requires more stringent reductions than those required under
this section.
``(g) Voluntary Participation.--The Administrator may--
``(1) pursuant to the regulations promulgated under
subsection (e)(1), issue a credit to any entity that is not a
retail electric supplier if the entity implements electricity
savings; and
``(2) in a case in which an entity described in paragraph
(1) is a nonprofit or educational organization, provide to
the entity 1 or more grants in lieu of a credit.
``SEC. 713. RENEWABLE PORTFOLIO STANDARD.
``(a) Renewable Energy.--
``(1) In general.--The Administrator, in consultation with
the Secretary of Energy, shall promulgate regulations
defining the types and sources of renewable energy generation
that may be carried out in accordance with this section.
``(2) Inclusions.--In promulgating regulations under
paragraph (1), the Administrator shall include of all types
of renewable energy (as defined in section 203(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15852(b))) other than
energy generated from--
``(A) municipal solid waste;
``(B) wood contaminated with plastics or metals; or
``(C) tires.
``(b) Renewable Energy Requirement.--Of the base quantity
of electricity sold by each retail electric supplier to
electric consumers during a calendar year, the quantity
generated by renewable energy sources shall be not less than
the following percentages:
``Calendar year: Minimum annual percentage:
2008 through 2009.....................................................5
2010 through 2014....................................................10
2015 through 2019....................................................15
2020 and subsequent years............................................20
``(c) Renewable Energy Credit Program.--Not later than 1
year after the date of enactment of this title, the
Administrator shall establish--
``(1) a program to issue, establish the value of, monitor
the sale or exchange of, and track renewable energy credits;
and
``(2) penalties for any retail electric supplier that does
not comply with this section.
``(d) Prohibition on Double Counting.--A renewable energy
credit issued under subsection (c)--
``(1) may be counted toward meeting the requirements of
subsection (b) only once; and
``(2) shall vest with the owner of the system or facility
that generates the renewable energy that is covered by the
renewable energy credit, unless the owner explicitly
transfers the renewable energy credit.
``(e) Sale Under Purpa Contract.--If the Administrator,
after consultation with the Secretary of Energy, determines
that a renewable energy generator is selling electricity to
comply with this section to a retail electric supplier under
a contract subject to section 210 of the Public Utilities
Regulatory Policies Act of 1978 (16 U.S.C. 824a-3), the
retail electric supplier shall be treated as the generator of
the electric energy for the purposes of this title for the
duration of the contract.
``(f) State Programs.--Nothing in this section precludes
any State from requiring additional renewable energy
generation under any State renewable energy program.
``(g) Voluntary Participation.--The Administrator may issue
a renewable energy credit pursuant to subsection (c) to any
entity that is not subject to this section only if the entity
applying for the renewable energy credit meets the terms and
conditions of this section to the same extent as retail
electric suppliers subject to this section.
``SEC. 714. STANDARDS TO ACCOUNT FOR BIOLOGICAL SEQUESTRATION
OF CARBON.
``(a) In General.--Not later than 2 years after the date of
enactment of title, the Secretary of Agriculture, with the
concurrence of the Administrator, shall establish standards
for accrediting certified reductions in the emission of
carbon dioxide through above-ground and below-ground
biological sequestration activities.
``(b) Requirements.--The standards shall include--
``(1) a national biological carbon storage baseline or
inventory; and
[[Page S609]]
``(2) measurement, monitoring, and verification guidelines
based on--
``(A) measurement of increases in carbon storage in excess
of the carbon storage that would have occurred in the absence
of a new management practice designed to achieve biological
sequestration of carbon;
``(B) comprehensive carbon accounting that--
``(i) reflects sustained net increases in carbon
reservoirs; and
``(ii) takes into account any carbon emissions resulting
from disturbance of carbon reservoirs in existence as of the
date of commencement of any new management practice designed
to achieve biological sequestration of carbon;
``(C) adjustments to account for--
``(i) emissions of carbon that may result at other
locations as a result of the impact of the new biological
sequestration management practice on timber supplies; or
``(ii) potential displacement of carbon emissions to other
land owned by the entity that carries out the new biological
sequestration management practice; and
``(D) adjustments to reflect the expected carbon storage
over various time periods, taking into account the likely
duration of the storage of carbon in a biological reservoir.
``(c) Updating of Standards.--Not later than 3 years after
the date of establishment of the standards under subsection
(a), and every 3 years thereafter, the Secretary of
Agriculture shall update the standards to take into account
the most recent scientific information.
``SEC. 715. GLOBAL WARMING POLLUTION REPORTING.
``(a) In General.--Not later than 2 years after the date of
enactment of this title, and annually thereafter, any entity
considered to be a major stationary source (as defined in
section 169A(g)) shall submit to the Administrator a report
describing the emissions of global warming pollutants from
the entity for the preceding calendar year.
``(b) Voluntary Reporting.--An entity that is not described
in subsection (a) may voluntarily report the emissions of
global warming pollutants from the entity to the
Administrator.
``(c) Requirements for Reports.--
``(1) Expression of measurements.--Each global warming
pollution report submitted under this section shall express
global warming pollution emissions in--
``(A) metric tons of each global warming pollutant; and
``(B) metric tons of the carbon dioxide equivalent of each
global warming pollutant.
``(2) Electronic format.--The information contained in a
report submitted under this section shall be reported
electronically to the Administrator in such form and to such
extent as may be required by the Administrator.
``(3) De minimis exemption.--The Administrator may specify
the level of global warming pollution emissions from a source
within a facility that shall be considered to be a de minimis
exemption from the requirement to comply with this section.
``(d) Public Availability of Information.--Not later than
March 1 of the year after which the Administrator receives a
report under this subsection from an entity, and annually
thereafter, the Administrator shall make the information
reported under this section available to the public through
the Internet.
``(e) Protocols and Methods.--The Administrator shall, by
regulation, establish protocols and methods to ensure
completeness, consistency, transparency, and accuracy of data
on global warming pollution emissions submitted under this
section.
``(f) Enforcement.--Regulations promulgated under this
section may be enforced pursuant to section 113 with respect
to any person that--
``(1) fails to submit a report under this section; or
``(2) otherwise fails to comply with those regulations.
``SEC. 716. CLEAN ENERGY TECHNOLOGY DEPLOYMENT IN DEVELOPING
COUNTRIES.
``(a) Definitions.--In this section:
``(1) Clean energy technology.--The term `clean energy
technology' means an energy supply or end-use technology
that, over the lifecycle of the technology and compared to a
similar technology already in commercial use in any
developing country--
``(A) is reliable; and
``(B) results in reduced emissions of global warming
pollutants.
``(2) Developing country.--
``(A) In general.--The term `developing country' means any
country not listed in Annex I of the United Nations Framework
Convention on Climate Change, done at New York on May 9,
1992.
``(B) Inclusion.--The term `developing country' may include
a country with an economy in transition, as determined by the
Secretary.
``(3) Task force.--The term `Task Force' means the Task
Force on International Clean, Low-Carbon Energy Cooperation
established under subsection (b)(1).
``(b) Task Force.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this title, the President shall establish a
task force to be known as the `Task Force on International
Clean, Low Carbon Energy Cooperation'.
``(2) Composition.--The Task Force shall be composed of--
``(A) the Administrator and the Secretary of State, who
shall serve jointly as Co-Chairpersons; and
``(B) representatives, appointed by the head of the
respective Federal agency, of--
``(i) the Department of Commerce;
``(ii) the Department of the Treasury;
``(iii) the United States Agency for International
Development;
``(iv) the Export-Import Bank;
``(v) the Overseas Private Investment Corporation;
``(vi) the Office of United States Trade Representative;
and
``(vii) such other Federal agencies as are determined to be
appropriate by the President.
``(c) Duties.--
``(1) Initial strategy.--
``(A) In general.--Not later than 1 year after the date of
enactment of this title, the Task Force shall develop and
submit to the President an initial strategy--
``(i) to support the development and implementation of
programs and policies in developing countries to promote the
adoption of clean, low-carbon energy technologies and energy-
efficiency technologies and strategies, with an emphasis on
those developing countries that are expected to experience
the most significant growth in global warming pollution
emissions over the 20-year period beginning on the date of
enactment of this title; and
``(ii)(I) open and expand clean, low-carbon energy
technology markets; and
``(II) facilitate the export of that technology to
developing countries.
``(B) Submission to congress.--On receipt of the initial
strategy from the Task Force under subparagraph (A), the
President shall submit the initial strategy to Congress.
``(2) Final strategy.--Not later than 2 years after the
date of submission of the initial strategy under paragraph
(1), and every 2 years thereafter--
``(A) the Task Force shall--
``(i) review and update the initial strategy; and
``(ii) report the results of the review and update to the
President; and
``(B) the President shall submit to Congress a final
strategy.
``(3) Performance criteria.--The Task Force shall develop
and submit to the Administrator performance criteria for use
in the provision of assistance under this section.
``(d) Provision of Assistance.--The Administrator may--
``(1) provide assistance to developing countries for use in
carrying out activities that are consistent with the
priorities established in the final strategy; and
``(2) establish a pilot program that provides financial
assistance for qualifying projects (as determined by the
Administrator) in accordance with--
``(A) the final strategy submitted under subsection
(c)(2)(B); and
``(B) any performance criteria developed by the Task Force
under subsection (c)(3).
``SEC. 717. PARAMOUNT INTEREST WAIVER.
``(a) In General.--If the President determines that a
national security emergency exists and, in light of
information that was not available as of the date of
enactment of this title, that it is in the paramount interest
of the United States to modify any requirement under this
title to minimize the effects of the emergency, the President
may, after opportunity for public notice and comment,
temporarily adjust, suspend, or waive any regulations
promulgated pursuant to this title to achieve that
minimization.
``(b) Consultation.--In making an emergency determination
under subsection (a), the President shall, to the maximum
extent practicable, consult with and take into account any
advice received from--
``(1) the Academy;
``(2) the Secretary of Energy; and
``(3) the Administrator.
``(c) Judicial Review.--An emergency determination under
subsection (a) shall be subject to judicial review under
section 307.
``SEC. 718. EFFECT ON OTHER LAW.
``Nothing in this title--
``(1) affects the ability of a State to take State actions
to further limit climate change (except that section 209
shall apply to standards for vehicles); and
``(2) except as expressly provided in this title--
``(A) modifies or otherwise affects any requirement of this
Act in effect on the day before the date of enactment of this
title; or
``(B) relieves any person of the responsibility to comply
with this Act.''.
SEC. 3. RENEWABLE CONTENT OF GASOLINE.
Section 211(o) of the Clean Air Act (as amended by section
1501 of the Energy Policy Act of 2005 (Public Law 109-58; 119
Stat. 1067)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as subparagraph (E);
and
(B) by inserting after subparagraph (A) the following:
``(B) Low-carbon renewable fuel.--The term `low-carbon
renewable fuel' means renewable fuel the use of which, on a
full fuel cycle, per-mile basis, and as compared with the use
of gasoline, achieves a reduction in global warming pollution
emissions of 75 percent or more.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(i), by inserting ``and low-carbon
renewable fuel'' after ``renewable fuel''; and
(B) in subparagraph (B)--
[[Page S610]]
(i) in clause (iv), by striking ``(iv) Minimum applicable
volume.--For the purpose of subparagraph (A), the applicable
volume'' and inserting the following:
``(iv) Minimum applicable volume of renewable fuel.--For
the purpose of subparagraph (A), the minimum applicable
volume of renewable fuel''; and
(ii) by adding at the end the following:
``(v) Minimum applicable volume of low-carbon renewable
fuel.--For the purpose of subparagraph (A), the minimum
applicable volume of low-carbon renewable fuel for calendar
year 2015 and each calendar year thereafter shall be
5,000,000,000 gallons.''.
SEC. 4. ENFORCEMENT AND JUDICIAL REVIEW.
(a) Federal Enforcement.--Section 113 of the Clean Air Act
(42 U.S.C. 7413) is amended--
(1) in subsection (a)(3), by striking ``or title VI,'' and
inserting ``title VI, or title VII,'';
(2) in subsection (b)(2), by striking ``or title VI,'' and
inserting ``title VI, or title VII,'';
(3) in subsection (c)--
(A) in the first sentence of paragraph (1), by striking
``or title VI (relating to stratospheric ozone control),''
and inserting ``title VI (relating to stratospheric ozone
control), or title VII (relating to global warming pollution
emission reductions),''; and
(B) in the first sentence of paragraph (3), by striking
``or VI'' and inserting ``VI, or VII'';
(4) in subsection (d)(1)(B), by striking ``or VI'' and
inserting ``VI, or VII''; and
(5) in the first sentence of subsection (f), by striking
``or VI'' and inserting ``VI, or VII''.
(b) Establishment of Standards.--Section 202 of the Clean
Air Act (42 U.S.C. 7521) is amended--
(1) by redesignating the second subsection (f) (as added by
section 207(b) of Public Law 101-549 (104 Stat. 2482)) as
subsection (n); and
(2) by inserting after subsection (n) (as redesignated by
paragraph (1)) the following:
``(o) Global Warming Pollution Emission Reductions.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall promulgate regulations in accordance with
subsection (a) and section 707 to require manufacturers of
motor vehicles to meet the vehicle emission standards
established under subsections (a) and (b) of section 707.
``(2) Effective date.--The regulations promulgated under
paragraph (1) shall take effect with respect to motor
vehicles sold by a manufacturer beginning in model year
2016.''.
(c) Administrative Proceedings and Judicial Review.--
Section 307 of the Clean Air Act (42 U.S.C. 7607) is
amended--
(1) in subsection (b)(1)--
(A) in the first sentence--
(i) by striking ``section 111,,'' and inserting ``section
111,''; and
(ii) by inserting ``any emission standard or requirement
issued pursuant to title VII,'' after ``under section 120,'';
and
(B) in the second sentence, by striking ``section 112,,''
and inserting ``section 112,''; and
(2) in subsection (d)(1)--
(A) in subparagraph (T), by striking ``, and'' at the end;
(B) in subparagraph (U), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(V) the promulgation or revision of any regulation under
title VII (relating to global warming pollution).''.
SEC. 5. FEDERAL FLEET FUEL ECONOMY.
Section 32917 of title 49, United States Code, is amended
by adding at the end the following:
``(3) New vehicles.--
``(A) In general.--Except as provided in subparagraph (B),
each passenger vehicle purchased, or leased for a period of
at least 60 consecutive days, by an Executive agency after
the date of enactment of this paragraph shall be as fuel-
efficient as practicable.
``(B) Waiver.--In an emergency situation, an Executive
agency may submit to Congress a written request for a waiver
of the requirement under paragraph (1).''.
SEC. 6. INTERNATIONAL NEGOTIATIONS AND TRADE RESTRICTIONS.
It is the sense of the Senate that the United States should
act to reduce the health, environmental, economic, and
national security risks posed by global climate change, and
foster sustained economic growth through a new generation of
technologies, by--
(1) participating in negotiations under the United Nations
Framework Convention on Climate Change, done at New York May
9, 1992, and leading efforts in other international forums,
with the objective of securing participation of the United
States in agreements that--
(A) advance and protect the economic and national security
interests of the United States;
(B) establish mitigation commitments by all countries that
are major emitters of global warming pollution, in accordance
with the principle of ``common but differentiated
responsibilities'';
(C) establish flexible international mechanisms to minimize
the cost of efforts by participating countries; and
(D) achieve a significant long-term reduction in global
warming pollution emissions; and
(2) establishing a bipartisan Senate observation group, the
members of which should be designated by the Chairman and
Ranking Member of the Committee on Foreign Relations of the
Senate, and which should include the Chairman and Ranking
Member of the Committee on Environment and Public Works of
the Senate--
(A) to monitor any international negotiations on climate
change; and
(B) to ensure that the advice and consent function of the
Senate is exercised in a manner to facilitate timely
consideration of any applicable treaty submitted to the
Senate.
SEC. 7. REPORT ON TRADE AND INNOVATION EFFECTS.
Not later than 2 years after the date of enactment of this
Act, and annually thereafter, the Secretary of Commerce, in
consultation with the United States Trade Representative, the
Secretary of the Treasury, the Secretary of Agriculture, the
Secretary of Energy, and the Administrator of the
Environmental Protection Agency (referred to in this section
as the ``Secretary''), shall prepare and submit to Congress a
report on the trade, economic, and technology innovation
effects of the failure of the United States to adopt measures
that require or result in a reduction in total global warming
pollution emissions in the United States, in accordance with
the goals for the United States under the United Nations
Framework Convention on Climate Change, done at New York on
May 9, 1992.
SEC. 8. CLIMATE CHANGE IN ENVIRONMENTAL IMPACT STATEMENTS.
In any case in which a Federal agency prepares an
environmental impact statement or similar analysis required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Federal agency shall consider and
evaluate--
(1) the impact that the Federal action or project
necessitating the statement or analysis would have in terms
of net changes in global warming pollution emissions; and
(2) the ways in which climate changes may affect the action
or project in the short term and the long term.
SEC. 9. CORPORATE ENVIRONMENTAL DISCLOSURE OF CLIMATE CHANGE
RISKS.
(a) Regulations.--Not later than 2 years after the date of
enactment of this Act, the Securities and Exchange Commission
(referred to in this section as the ``Commission'') shall
promulgate regulations in accordance with section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) directing
each issuer of securities under that Act to inform securities
investors of the risks relating to--
(1) the financial exposure of the issuer because of the net
global warming pollution emissions of the issuer; and
(2) the potential economic impacts of global warming on the
interests of the issuer.
(b) Uniform Format for Disclosure.--In carrying out
subsection (a), the Commission shall enter into an agreement
with the Financial Accounting Standards Board, or another
appropriate organization that establishes voluntary
standards, to develop a uniform format for disclosing to
securities investors information on the risks described in
subsection (a).
(c) Interim Interpretive Release.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commission shall issue an
interpretive release clarifying that under items 101 and 303
of Regulation S-K of the Commission under part 229 of title
17, Code of Federal Regulations (as in effect on the date of
enactment of this Act)--
(A) the commitments of the United States to reduce
emissions of global warming pollution under the United
Nations Framework Convention on Climate Change, done at New
York on May 9, 1992, are considered to be a material effect;
and
(B) global warming constitutes a known trend.
(2) Period of effectiveness.--The interpretive release
issued under paragraph (1) shall remain in effect until the
effective date of the final regulations promulgated under
subsection (a).
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