[Congressional Record Volume 153, Number 166 (Tuesday, October 30, 2007)]
[Senate]
[Pages S13541-S13567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2007--Continued
Mr. LOTT. Mr. President, we are working with the distinguished
chairman of the subcommittee and the leadership on both sides to get an
agreement worked out on how we proceed on this issue for the remainder
of the afternoon. In the meantime, Senator DeMint is here and ready to
go on an amendment, and he has a committee markup underway also.
So unless there is objection, I ask Senator Lautenberg, could we let
Senator DeMint call up his amendment and go ahead and have a discussion
on it?
Mr. LAUTENBERG. I agree.
Mr. LOTT. I yield the floor.
The PRESIDING OFFICER. The Senator from South Carolina.
Mr. DeMINT. Mr. President, I thank the Senators.
Amendment No. 3467
I would like to discuss amendment No. 3467. Before I discuss the
amendment specifically, I would like to talk a little bit about rail
passenger service in America and Amtrak specifically.
I think one of the best infrastructure visions we could have as a
country today would be to create high-speed passenger rail service that
moves people economically and efficiently around the country. The irony
is, as long as we continue to pour our Federal resources into the
Amtrak model, we will never get to that vision of an efficient
passenger rail service in this country.
It is clear from years of working with Amtrak and the model of using
freight rails and Government subsidies to support an Amtrak system, we
will never have a world-class passenger rail service through the Amtrak
model. So I hope we as a Congress, as a Senate, particularly, can come
to terms with the fact that if we continue to throw money at Amtrak, we
will never have efficient passenger rail service.
Certainly, there are a couple of lines of rail service of Amtrak,
particularly in the Northeast, that work well for a number of people.
But the fact is, many Americans are contributing to the few passengers
who are using Amtrak today. Taxpayers all over the country are putting
their money into these few lines that work, even though very few
Americans actually ever use these rail services.
As we discuss this final bill, it is important we remember that in
the last year the Federal Government gave Amtrak $1.3 billion in
subsidies, even though they carry less than 1 percent of the Nation's
intercity passengers.
Amtrak is the most heavily subsidized mode of transportation in the
country. In fact, every ticket people purchase from Amtrak has an
average subsidy of over $210 per passenger per 1,000 miles traveled. We
even have some lines where the subsidy reaches as high as $500.
My amendment does not change this. But it tells America the truth
about the subsidies for each of these tickets people buy.
My amendment requires Amtrak to put on every ticket for the line they
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are using the amount of subsidy the taxpayers are putting into the cost
of each of these tickets. By doing this, we will force Amtrak to do
what all businesses have to do, which is to track the real cost of
every product they sell.
Right now, it is very difficult to determine actually how much Amtrak
spends on each of its lines of service. But by requiring they put the
cost of the subsidy on every ticket, they will have to calculate the
cost--which is the revenue and the losses--for each line in this
country.
Every business should have to do it. Amtrak should as well.
It is the only way we can get a handle on actually how much we are
spending for each line and hopefully determining, after a while, which
lines make sense to continue and which lines should be eliminated.
So I encourage all my colleagues to vote for this amendment. It does
not do anything to reduce funding for Amtrak or put any additional
restrictions on them. But it does require them to show America what the
real subsidy is for every ticket they sell.
So I say to you, Mr. Chairman, I reserve the remainder of my time and
look forward to your comments. Hopefully, we will have your support on
this amendment.
The PRESIDING OFFICER. The majority leader is recognized.
CHIP
Mr. REID. Mr. President, I have had a number of conversations over
the last 24 hours with the Speaker, Speaker Pelosi, with the Democratic
leader, Steny Hoyer, Senator Hatch, Senator Grassley, and others who
have indicated on the CHIP matter they need more time, they have had
conversations with Republican House Members who voted not to override
the President's veto, they are having conversations with people within
the administration, trying to come up with something on CHIP, and they
need more time.
My first inclination, after having heard this, was, well, we have
waited long enough. But after having spoken to these Senators--Senator
Hatch, especially, has been working hard. They have already had
meetings with Republican House Members. Senator Baucus, I have spoken
to him at great length, and he is also having meetings with some of the
Republicans in the House to see if there is something that can be
worked out. I do not know if there can be.
But what we have done with the matter that will shortly be before the
Senate: As to childless adults who are in the program now, under the
original bill we passed, they would be phased out in 2 years. In the
bill that is now before this body--or shortly will be--they are phased
out over 1 year. So we cut that in half.
Ninety-two percent of the people drawing benefits--and the ``people''
are little people, are children drawing benefits from this program--92
percent of them are in families not exceeding 200 percent of poverty.
And 200 percent of poverty is about $40,000 a year for a family of
four. We have only one State above 300 percent of poverty, and there
are maybe five or six States from 200 percent to 300 percent of
poverty. So we have said there will be no waivers above 300 percent of
poverty. We have changed along that regard.
We have tightened down the language as it relates to illegal children
drawing benefits. Under the original bill we passed, illegal children
could not get the benefits. You had to be in the country for at least 5
years, with proper papers, and then you could, after having been here 5
years. So we have tightened everything down. We have changed that,
hopefully, to pick up some more votes.
At this stage, Senator Hatch and others have said to me: We need a
little more time. We would like--because Senator Hatch and Senator
Grassley were in on the changes we made. They were not done by
Democrats. For every meeting held, they were in on the meetings. But
they said give us some more time and maybe we can come up with
something else. I am willing to do that. We are willing to do that. I
would hope the Republicans mean that, that they do need more time.
So what I would be willing to do--and when I say ``I,'' it is not
me--but what we would be willing to do is to put the vote off on CHIP
until we finish the farm bill. I am going to do the farm bill next
week. I am not going to go to it this week. We would go ahead and
finish Amtrak and then move to something else. What it is, I don't
know. I will try to come up with something that would be without a lot
of pain to anyone. There are many things we have to do that are
bipartisan in nature that I think we could go to.
I had originally considered offering a unanimous consent request
where we would move off CHIP and go to it when we finish the
transportation bill, and in exchange for that, give me permission to go
to something else. I have withdrawn that. I don't want any excuses. I
don't want anyone saying: Look, we would have done that, but he was
demanding what we go to next, and I am not going to do that.
So I am going to recite into the Record a unanimous consent request
which will say basically that we will move off CHIP, giving Senator
Hatch and others time to negotiate to see if they can come up with
something that is agreeable to the body, and maybe we can do CHIP so
that--and the only requirement I think that Senator Hatch, Senator
Grassley, Senator Baucus, I, the Speaker, Congressman Rangel, and
Congressman Dingell have is that we cover the same amount of kids. We
tried to do that in some fashion. Right now, if we don't do something,
the number of children covered will drop from 5.5 million to 4.5
million. That is the way it is. Those are the facts, and we can't
change that. If we passed our bill, the one that got 69 votes in this
body, instead of having 5.5 million, we would have 10 million children
who would be covered.
So I hope we can do that. But anyway, without belaboring the point,
what I am going to ask permission to do is that we move off CHIP at
what time it would occur naturally and take it up when we finish the
farm bill. The rest of this week we will be working on something else.
What that will be, I will certainly consult with the Republican leader.
But right now, whatever I do, unless I get consent from the Senate--not
only the Republicans but the Senate--I would have to get consent to do
that or otherwise I would have to file cloture on a motion to proceed
to it. So there are no surprises in that regard.
So I ask unanimous consent that the cloture vote be vitiated with
respect to the motion to proceed to the CHIP bill, H.R. 3963, and the
Senate begin consideration of that bill following the disposition of
the farm bill, H.R. 2419.
As I have indicated, we are not going to move right to the farm bill.
We are going to wait until at least Monday to get to the farm bill, as
I have indicated.
The PRESIDING OFFICER. Is there objection?
Mr. LOTT. Mr. President, reserving the right to object, if I may do
that, and address some comments to the distinguished majority leader,
and maybe even some questions, first of all, I think we have made good
progress on the Amtrak bill. The leader was considerate of allowing it
to go over until today, and our colleagues have fulfilled their
commitments to be reasonable with their amendments, and we believe we
are ready to go to Senator DeMint's amendment and get a vote on it at a
certain time. I believe we could be very close to going to passage
also.
With regard to vitiating the cloture motion on the Children's Health
Insurance Program, I can't see any reason why we would object to that,
but we ought to continue to try to find a solution. Unfortunately,
there has been no real consultation with the leadership on this side of
the aisle by those who have been having all of these meetings, and we
still have not involved the administration in trying to get a solution
that we believe we could all get broad agreement on and avoid going
back and forth on bills and vetoes. But to take more time--we still
hope you will come up with something that will be supported broadly and
signed by the President. But the idea that we would then agree for this
to go automatically to the farm bill, we would have to have--
Mr. REID. I am not asking unanimous consent for the farm bill; I am
just going to go to the farm bill.
Mr. LOTT. But SCHIP would come back automatically after the farm
bill.
Mr. REID. After we finish that, yes.
Mr. LOTT. After a discussion with our leadership, at this time we
would have to object. We don't object to vitiating the cloture vote on
the CHIP bill,
[[Page S13543]]
but we want to make sure we understand we are not agreeing to
automatically going to the CHIP bill after the farm bill. So based on
that, I would object at this time.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Mr. President, it is hard for me to comprehend the logic of
the objection. We are not asking unanimous consent from anybody as to
what we are going to go to next. If the minority wants to object to
going to the farm bill, they have the right to do that. I think it
would be unusual for them to do that, but they have a right to do that.
We filed our 50th cloture motion, and it was my favorite. It was my
favorite because it was bipartisan. It was the first bipartisan cloture
motion we filed all year. It was on Amtrak. If we have to file cloture
on the farm bill, that is fine. It would just take us a couple of extra
days to get to the substance of the bill.
But I would also say it would seem to me that if the Republicans are
sincere in wanting to do a CHIP bill, unless I am missing something,
what better opportunity would they have? I have said let's get off this
bill. As we all know, to finish the farm bill could take a little bit
of time. I would hope we could finish it in a week, but as we know, in
that week it could be interspersed with an appropriations conference
report. We have to do the CR. So I can't imagine our finishing the farm
bill very quickly.
But I was told initially on this CHIP matter that they needed 2 days
to try to work something out. They are going to have well more than 2
days. It is not as if the Republicans have been in the dark. Remember,
the two advocates for this--we would not have had a CHIP bill but for
Senator Grassley and Senator Hatch. They were part of everything that
took place in this bill. When the bill was not overridden--when the
veto was not overridden and the bill was rewritten in the House, it
wasn't rewritten by the House; it was rewritten by the House and
Senator Grassley's staff and Senator Grassley and Senator Hatch. They
were in on every word put in this new bill.
As far as the administration, it would seem to me if they have a
couple of weeks, then that is what this will basically give them, 10
days to 2 weeks. That gives them lots of time to work with the
administration, Secretary Leavitt, or whoever they want to deal with
it. Leader Pelosi and I asked the President the day he vetoed this
bill--because he kept saying: I want to meet with the leadership.
Speaker Pelosi asked him in the morning; I asked him in the afternoon.
He said: I am not going to meet with you. So we have tried. We want to
be reasonable. This is an important bill. It deals with children. It is
bipartisan. This is not a Democratic bill. It is a Democratic and
Republican bill.
So I have heard the objection. I understand English. I would hope,
though, that this afternoon my friends would reassess this; otherwise,
we will go ahead and vote, as we have, on a motion to proceed to it.
It seems to me it would be a little difficult, as fair as we have
tried to be, for people to change their votes on it. But miracles never
cease, and the Republicans, I am sorry to say, have been pulled in as
puppets in the past during the almost 7 years this man has been
President, and maybe they can do it again. I would hope not on an issue
this important.
I repeat, we simply want to have the Republicans get what they want.
Can't they take yes for an answer? We have said, you want more time?
This isn't an idea I came up with. The Republicans came to me and said
they needed more time. Senator Hatch called me last night. I talked to
him twice last night. I talked to Senator Grassley yesterday; and
Senator Baucus, I called him and said: Is that OK with you? He said:
Yes, that is OK with me. So I don't know how we could be more
reasonable.
What happens if they don't do this? We are going to go ahead and vote
on the motion to proceed and vote cloture on the bill. If that is what
they want, that is what we can do. But I don't know how, when somebody
says will you do this for me, and we say yes, they say no.
The PRESIDING OFFICER. The Republican whip is recognized.
Mr. LOTT. Mr. President, with regard to Senator Reid's comments, I
don't see any problem with vitiating cloture on the so-called CHIP
bill, H.R. 3963. If the leader would like to do that, I assume after
consultation with Leader McConnell there wouldn't be any problem
getting it done.
The problem is, say that after the farm bill you would automatically
go to the CHIP bill which would preclude debate time on the motion to
proceed, if necessary. To put that after the farm bill without full
rights of the minority would be a concern. First of all, we don't know
when that might come. It could come 2 weeks from now, right up against
a date when we are supposed to be going out for the Thanksgiving period
and we don't want to short-circuit that. But if we could work out
something where our rights would be protected with regard to the CHIP
bill instead of just going automatically to it after the farm bill, it
looks as if that is something that could be worked out.
Mr. REID. Mr. President, I have a deal. Again, trying to be more
reasonable than I probably should be, but in an effort to try to be
fair, I would consider offering a cloture vote on the motion to proceed
to CHIP following the farm bill, and if cloture is voted, go directly
to the bill. That way we don't lose the 30 hours. This would give
people--if people felt aggrieved that they weren't treated properly
during this period of time. I just don't want to lose the 30 hours
because that is time toward the end of the session, and we are
desperate for time for things that need to be done.
Mr. LOTT. Let me say, if the Leader will yield, you are making an
effort, and I think we will need some time to consult with our leader
to make sure he is aware of this. I understand the leader doesn't want
to have time used that is not necessary. But we have another unanimous
consent agreement. We have an amendment that is pending. In the
meantime, I will check with Senator McConnell and see what he is
thinking.
Mr. REID. I would say to my friend, in fairness, I talked to Senator
McConnell prior to lunch, but it wasn't in any detail. I told him
generally what I was going to do. So I think it is appropriate to take
a little more time, and we can all come out later and try this again.
But I want the record to be spread, if anyone can come up with a more
fair proposal than I have offered, then they should come to the Senate
floor because I have basically given those people who have wanted more
time--and those are the Republicans--everything they have asked for.
By the way, I also want to say not only do I appreciate the Senator's
comments about moving forward on the Amtrak bill, but this is a
bipartisan piece of legislation, and I was maybe being a little
flippant, but I was very serious. I think it is wonderful. We had a
bipartisan cloture motion filed. We need to do more of those, if
possible.
The PRESIDING OFFICER. The Senator from New Jersey is recognized.
Mr. LAUTENBERG. Mr. President, I ask unanimous consent that there be
20 minutes for debate with respect to the DeMint amendment, No. 3467,
prior to a vote in relation to the amendment; that no amendment be in
order to the amendment prior to the vote; that the remaining pending
amendments be withdrawn; that no other amendments be in order other
than a managers' package of amendments that has been cleared by both
managers and leaders; that upon disposition of these amendments, the
bill, as amended, be read for a third time, and at 4 p.m. the Senate
proceed to vote in relation to the DeMint amendment; and that upon
disposition of the DeMint amendment, all postcloture time be considered
yielded back and the Senate proceed to vote on the passage of the bill;
further, that the cloture vote on the motion to proceed to H.R. 3963
not occur prior to 6:30 p.m., Wednesday, October 31 or at a time
determined by the two leaders on Wednesday.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. LOTT. Mr. President, I believe now we are ready to go forward
with the pending DeMint amendment.
Mr. President, we agreed to 20 minutes of debate on the DeMint
amendment, once the Senator arrives. I believe we are sending a note to
him. He had to go to a markup in the Commerce Committee. He has
amendments
[[Page S13544]]
he wants to offer. He will be back momentarily to offer those.
In the meantime, I want to respond to some of the things the majority
leader was noting. I wanted to do it when he was on the floor, but it
is important to try to work through these unanimous consent agreements.
Let me say that on the effort to vitiate cloture on the motion to
proceed to the Children's Health Insurance Program, it was noted that
it had been requested by Republicans that 2 more days be given to work
something out. I note that I don't believe that request came from the
Republican leader, Senator McConnell. Members on both sides of the
aisle have to recognize that our leaders are our leaders. Our leaders
have to be consulted on parliamentary procedure and also on timing. So
when one Senator--Senator Hatch--says give me 2 more days but there is
no contact or consultation with our leadership on this side of the
aisle, that is a problem.
Also, we want to make sure we don't give up our normal rights, the
regular order. I am concerned about going to some other issue after the
Amtrak bill and then going to the farm bill next week. They have been
on the farm bill we don't know how long, and at the last minute we may
call up a bipartisan agreement, but it will not resolve the agreements
on SCHIP.
We must focus on poor children. I am concerned with the present
condition of the bill. My analysis is that this bill costs more than
the bill that was vetoed, and fewer children are covered. It has an
express lane for illegal children to go into the program. There is a
multitude of problems with it. The biggest problem is we are still
talking about over $35 billion. Instead of trying to come to a
compromise on the money that is necessary to cover poor children first,
it is still not going to get adults off the program. My observation has
been when you let adults get on a program intended for children, you
crowd children out.
There are huge problems in the status of the negotiations, which are
going on by a group that has not included the Republican leadership or
the administration. I don't know who met with whom, or why, or why not.
We ought to work this out. I don't like playing games with a program
such as this. I stood on this floor and spoke when this program was
created. I believe in it. I thought we were going to focus on poor
children and not continue to raise the income levels that were covered
to 300, 350, or 400 percent of poverty and put it into the program. We
need to look at the formula. Some States, such as mine, run out of
money year after year because the formula doesn't deal with the
realities of the needs of the poor children.
There are multiple problems with what is going on. I am very
concerned, on our side of the aisle, about some of the involvement of
some of our people without consultation with our leader.
The incurable attitude around here is evidenced by this bill. You can
find a way to fight and have a disagreement or you can find a way to
work together. This Amtrak bill is, I believe, on the verge of passing
by a wide margin. If the House is smart, they will not put poison pills
in it and try to explode it. Let's get real reforms and put some
pressure on Amtrak. I want a successful national rail passenger system.
Do I want subsidies for individual passengers to be reduced? Yes. Do I
want the cost of meals to be subsidized by the taxpayers? No. Do I want
a strongly led, effective national rail passenger system? Yes.
Let's try to make that happen. But it is not going to happen
instantly. We have to set up a process, require reforms, and give
incentives to do better.
One of the things I think is going to help, which some of my
colleagues on this side of the aisle have referred to, is we are going
to have more intercity service as a result of this bill. We have a
program specifically aimed to help States set up interservice
transportation between not just New York and Albany but sites all over
the country where States can do more, where there is a way to get an
opportunity to do more to have intercity service.
We have language that will start toward a situation where freight
lines can bid to provide the service on these lines. We do it with a
pilot program. We don't just say anybody can come in; we say one the
first year, two the second year, but we will work toward seeing if
others can offer this service more efficiently, effectively, and more
cost responsible.
I am very much concerned about how these negotiations are going on on
the Children's Health Insurance Program. There is a meeting going on
down the hall now that doesn't include the leadership on our side.
Fifty staff people have been standing out in the hall. I have a novel
idea: I think Senators ought to be involved--men and women of good
faith and intellect who understand these problems. We don't have to
have our staffs do this for us.
The same is true with Amtrak. Senator Lautenberg and I have worked on
this for at least 3 to 5 years. This is the third Amtrak reform I have
been involved in. I apologize for the other two not doing everything we
wanted them to do. We have made progress. It didn't do as well as it
should have. Now we are trying again. I say to the Amtrak leadership
and the Department of Transportation, first, we are giving DOT more
involvement in what Amtrak does. No President has made Amtrak work the
way it should. They don't pay enough attention to it. And it is not
partisan; I don't think this administration is or that the previous
administration was.
This legislation will help us move in the direction of a national
passenger rail system. I don't want to go into great length. I don't
have to object when the leader makes a request to lock in the agreement
to basically finish Amtrak this afternoon and then do something else
this afternoon--we don't know what--and on Thursday and Friday and then
come to the farm bill next week. Then to go automatically to a CHIP
bill, which we don't know what it is going to be, and we give up our
rights of regular order, that is not a good arrangement.
I hope the two leaders will get together and proceed to another bill
tomorrow. I don't know what it might be. I represent a farm State. I
hope we can get a good farm bill and do it in a reasonable period of
time. I worry that we are not wanting to get an agreement on the
Children's Health Insurance Program. Some people are saying $35 billion
or bust. Others are saying we are not going to go to $35 billion. The
President is at $5 billion. The earlier bill the President vetoed was
at $35 billion. Now the new bill is $35 billion. Is there not an area
between the two? I have done negotiations around here for years, in the
House, in the Senate, and in conference. When one side is at 5 and the
other is at 35, what is half of that? It is a little over 15. Would
that work? What is the solution? Is it 20? How complicated is that?
But we need to put the emphasis on the poor children first, quit this
budget creep we always get into, adding more and more children at
higher income levels, and now we have adults and other loopholes in
this program that I think we need to be very careful about. Can we do
it? Absolutely.
I introduced a bill a month ago that was probably in the range of
where the compromise ought to be. By the way, it was about double what
I thought we needed to do when we started out, but I moved up. I hope
the two leaders will get an understanding of what the process is going
to be and move forward on all of this legislation.
Mr. President, we are now waiting for Senator DeMint to return.
I will yield the floor so Senator Lautenberg may comment on the bill
or on other issues.
The PRESIDING OFFICER (Mr. Sanders). The Senator from New Jersey is
recognized.
Mr. LAUTENBERG. Mr. President, I want to start off this discussion by
saying how much I appreciate working with Senator Lott and with other
Members of the Senate in terms of the amendments. They were offered and
considered, but we moved with a degree of dispatch, indicating to me
that this is a bill that is wanted by a significant majority of the
Senate. That is representing what we believe is a significant public
opinion about whether Amtrak ought to be brought up to date and be part
of the transportation system that can help relieve other transportation
modes of the congestion, pollution, et cetera, that we face constantly
in our country right now.
I think the amendment that has been offered by Senator DeMint is not
one of those amendments we would accept--the notion that each ticket a
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passenger carries should identify the amount of subsidy that goes into
that passenger's ride. I think it is wasteful and I don't see any
benefit to travelers or taxpayers. Can you imagine the complication
that is involved here? You don't know how many passengers are going to
be on that leg and the subsidy has to be divided among the number of
passengers. How far is each passenger going to travel? That would also
indicate a part of the subsidy. You cannot take a mathematical formula
and apply it to this percentage or to this particular passenger's ride.
We all know what is afoot here. I generally agree that transparency
is good when it comes to Federal taxpayers' dollars. But this amendment
is not needed. It carries the request that Amtrak publish subsidies on
its Web site. It already publishes subsidies information per route on
its Web site every month as part of its financial report--the general
information related to those routes, not individual subsidies per
ticket.
Amtrak also provides details on every dollar and dime of its finances
to the Department of Transportation and the Congress on a continuous
basis. The DeMint amendment would provide travelers with redundant
information and, frankly, waste Federal funds.
As I indicated in my earlier comment, it would also be logistically
almost impossible to do what this amendment calls for--to determine the
subsidy for each rider and print this information on a ticket. These
numbers change depending on how far a passenger rides the train. Even
if they did not, Amtrak would have to redesign its online reservations
and ticketing system for customers to get this information. One doesn't
have to have been in the computer business, as I was, in order to know
it would take an incredible amount of time and energy to get the
software up to date and get the information in on time for it to be
printed with any degree of accuracy on the ticket. It is the kind of
added cost and redtape that taxpayers are disdainful of.
We don't require the same printing burdens on the airlines, and we
have provided some $20 billion to that industry in the last 6 years.
Americans already understand our Nation's passenger rail system
requires subsidies, just as rail systems in other countries. What
American travelers care about is receiving high-quality and convenient
rail service as a result of that subsidy, and this amendment is not
going to do anything to help us in those areas.
Senator Lott has indicated he and I have worked on transportation
issues for many years. Finally, the public is so immersed in
congestion, in lost time, in delayed and missed appointments, and with
the price of gasoline going up as it is--I recently saw a prediction
from someone engaged in the oil industry in the Far East that oil was
going to be up to $200 a barrel in the not-too-distant future. Do we
want to continue to subject the American public to these outrageous
costs for this fuel, or do we want to try to achieve some balance in
our transportation systems? Trains are much more economical, reduce
congestion, reduce pollution, and can establish a level of reliability
we can't get out of the aviation system.
We talked about whether we might abandon food and beverage service on
the rail lines. We took a vote and it was soundly defeated. But as I
listened to the debate, I wondered whether next we would be debating
separate charges for the oil and bearing grease that is used on the
wheels of the train cars and locomotives, and maybe we can separate out
further expenses, maybe paper used in hand towels and items of that
nature and reduce the number of those used. We cannot deal with such
small matters if we want to get onto doing something that helps the
country function more efficiently.
This bill has truly got bipartisan support. We see it not only in the
leadership that our friend the Senator from Mississippi applies so
skillfully, but there were quite a number of colleagues on the
Republican side who joined in to get this bill as far as it is.
We have almost miraculously come to a consensus that says after years
of working towards this goal, we are going to get to a positive
conclusion toward the reauthorization of Amtrak. It doesn't mean all
the problems were solved by a long shot, but it does say we want rail
to be as well treated as well as our other means of transportation. We
spend some $40 billion each year on our highways, and aviation, unlike
Amtrak, is a for-profit business, and we are still giving subsidies to
the airlines each and every year and, as I mentioned, over $20 billion
since 9/11.
When we look at the possibilities of rail service and see that in
Europe, for instance, from Brussels, Belgium, to Paris, France, is 200
miles, about the same distance we are from New York City, they do it in
1 hour 25 minutes. Here, if we use an airplane, we can be sure that one
out of four flights is going to be late in departure and usually late
on arrival.
If we could get Amtrak to improve its service so we can reduce the
amount of time it takes--I had the good fortune this morning to take a
7 o'clock train out of New York City. I live in New Jersey, but it was
convenient for me to get to the terminal in New York City. I arrived
2\1/2\ hours later, city to city--New York City to Washington, DC. We
didn't shake, rattle, and roll all the time. It was nice; if you wanted
to have a coffee or write or read, it was reasonably comfortable to do
that. That is what rail passengers deserve all across this country--
adequate service.
We are anxiously awaiting a vote on the next amendment, which has
been ordered, and final passage on the Amtrak bill.
I thank my friend, Senator Lott, for his cooperative manner and his
leadership throughout the issues we have faced in this body almost all
the years I have been here. We have served together a long time.
I yield the floor.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. LOTT. Mr. President, I again say to Senator Lautenberg, I have
enjoyed working with him on transportation issues--from aviation to
highways to highway safety and certainly the rail area and most
particularly with regard to Amtrak and the national rail passenger
system.
Earlier today, I referred to a ``Parade'' article that will be
printed on November 4, 2007. This is a great article. I am going to be
quoting some very interesting items that are included in this article
because they are so applicable to our debate:
Americans spent about 3.7 billion hours stuck in traffic
last year, burning gasoline whose price had soared by 60
percent.
And probably going up.
At the airports, security lines snake endlessly, runways
are choked, and delays are common. One recent study found
that between January and August 2007, one in four flights
arrived late; 159 flights were kept on the tarmac for more
than 3 hours in August.
I heard a story one time about a friend of mine, a Congressman from
Missouri, who went to the airport and wanted to check three bags. He
told the attendant: I would like this bag to go to St. Louis, this bag
to Kansas City, and this bag to Chicago.
They said: You can't do that. Why would you want to do that anyway?
He said: Well, that is what happened to my luggage last week.
There are certain indignities that go along with this. I don't want
to attack airlines. We need to do more in aviation. We need a modern
aviation control system. We should be critical when they do things that
are indefensible, such as keeping people trapped on a plane on the
tarmac.
We need to be thinking about our transportation system in the air in
the next generation, how are we going to make it safe, how are we going
to deal with congestion. Let's not stand here and complain; let's act
on it. That is why I am supporting an FAA reauthorization bill that
includes funds for modernization. Senator Rockefeller from West
Virginia and I have worked together on that legislation. He has been
courageous, staking a tough stand. Everybody wants modernization;
nobody wants to pay for it. We have had some serious recommendations,
and I am still hopeful that we can resurrect that bill. That is another
reason why we need this particular legislation.
``Trains use one-fifth less energy than cars or planes.'' I know this
is something the Presiding Officer from Vermont cares a lot about. This
makes environmental and conservation sense. They are business
efficient, tourist
[[Page S13546]]
friendly, and that goes not only for the Senator from New Jersey who
came down this very morning, but the Senator from Oklahoma, Mr. Coburn,
who said he was in New York City and came down on the train. It cost
less, it was very pleasant, and it didn't take as much time.
Why shouldn't we try to do more of that? By the way, it is not just
about the eastern seaboard. We want a national passenger rail system.
But one of the keys, as I mentioned earlier, is intercity connections.
We are not talking about just going north, but talking about an
intercity connection between DC and Charlotte, NC. We are talking about
Portland and Seattle, Chicago and Detroit. We are talking Miami and
Jacksonville. And we provide additional assistance in this bill through
the State Capital Grant Program for intercity passenger rail projects.
The grant program makes grants to States or groups of States to pay
for the capital cost of facilities and equipment necessary to provide
new and improved intercity passenger rail. The Federal match is 80
percent. Projects are selected by the Secretary of Transportation based
on economic feasibility, expected ridership, and other factors.
By the way, that is the same arrangement we have with highways.
People say: Oh, my goodness, subsidy of a rail passenger system? Well,
yes. We have a subsidy for airlines, and we have a subsidy for
highways.
I wish we didn't have to have a subsidy. I do hope we do a better job
of running Amtrak. I think some progress has been made. I still say
former Chairman of Amtrak, David Gunn is a good man and did a lot of
tough things and would have done more if he had been able to stay on. I
wish him well.
By the way, how much money are we subsidizing Amtrak? Last year, the
funding was $1.3 billion, the same as it was 25 years ago. We haven't
even accounted for a piece of the inflationary impact.
I want modernization. I don't want the Acela, this nice train running
from Washington, DC, to New York and Philadelphia and then have me have
to ride some raggedy train from Meridian, MS, that bumps and grinds and
drags along and eventually comes to Washington. I want to have
something like the Acela, also. We are going to have to have capital
improvements. We will have to modernize. We can't tell the people we
want you to consider the alternative of rail passenger if it is not on
time, if the food has been pulled off the trains, and the equipment is
pathetic. It is probably going to be an overnight trip. You have to
have some modicum of comfort to take advantage of this alternative.
I have a feeling--and it is not a good one--that we are going to have
gridlock and congestion, maybe even safety threats. We are going to
have to have a national passenger rail system. I would rather ride on a
sleeper or a nice passenger car than in a cargo-type boxcar. That is
the way a lot of people have traveled in years gone by, boxcars.
We are trying to do something responsible to make a difference for
the American people and deal with our transportation needs in this
country.
I do want more transparency. I do want them to cut out the waste. If
food costs are being driven by 52 percent labor cost, change it. Raise
the cost, do whatever is necessary. But I am tired of people
complaining about it and nobody doing anything about it.
I urge the Amtrak board: Get engaged. On transportation, I have urged
this administration and the previous administration: Lead us, push the
edge. Yet we have had to drag administrations into this area, which is
one of the few areas, in my opinion, philosophically, the Federal
Government has a role--interstate transportation. You can't do it alone
if you are a poorer State, such as Vermont, Montana or Mississippi. It
has to be between States, it has to be supported by the Federal
Government. It creates jobs. When we build a highway, when we extend a
runway, when we improve a terminal and make it safer, make it where the
transportation safety administration can do its job, when we lay more
railroad track, when we put more trains on that trackage, when we
provide good service, jobs are created.
I have absolutely been convinced, in the last 10 years of my career,
that transportation is key to future of the country. Infrastructure,
yes, industrial sites, water, all that. But lanes, planes, trains,
ports, and harbors, if people can't get there, whether it is an
individual, a corporate executive or international, multinational
company, they are not going to come. If they have to get there on a
dirt road--no. They are not going to come. If they can't get decent
commercial service, they are not going to come.
This is just a part of the package. It is the kind of thing we can do
in a bipartisan way. One of my big problems this whole year is we have
looked for ways or issues that we fight over. ``We are defining our
base.'' ``We are defining our party.'' Baloney. I didn't come here just
to define a party. I think we ought to be trying to find a way to do
some things for the American people. It doesn't have to be the grand
design of tax policy or budget policy. No, it can be national rail
passenger system. It can be something smaller that we can work together
on that produces a real result. Let's quit looking for ways that we can
fight. There will be plenty of time for that. Let's look for things we
can do together that have broad support.
I will be involved when that time comes. I am in and out of here--
around here all the time, on a bipartisan basis, because I just can't
stand the idea of just being here and producing nothing. I have been
told, in a way, I have some sort of congenital defect; and that is a
desire to get things done. I hope that is what the moniker on my
tombstone will say: He died trying to get something done, something
that people care about in this country.
I am getting a little carried away. I am sounding like a preacher. I
apologize. But I am passionate about this. I feel a little offended.
Some people are sitting here saying this guy is from Mississippi, what
does he care? I care because it is right for our whole country, not
just for my State. I don't have a vested interest, thank goodness. Yes,
we will have a little Amtrak service, not a whole lot, but we will have
a couple of lines that come blowing through my State. We will be glad
to have them. We hope they will stop a couple of times and pick us up
and take us to New Orleans or take us to Atlanta or take us to Chicago.
But Europe and Japan and other countries have done this. I don't like
to emulate those countries in a lot of instances, but if they can do
it, you are telling me we can't do it? It is just a matter of us making
up our minds that we are going to do this, and I hope we have made up
our minds this time and we are going to do something that will really
help the national passenger rail system.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. LAUTENBERG. Mr. President, Senator Lott was speaking about the
larger assignment that we have in front of us rather than simply a
party allegiance. There is no doubt that long before we were
Republicans and Democrats, we were Americans. If we keep that focus in
mind, I think we can help our country achieve some of the goals that we
need to examine.
Look at the conditions that have overtaken America--I will use that
word--and look back at the population. In 1970--1971, when AMTRAK was
taken over as a quasi-public corporation, the country had 200 million
people. Now, barely 35 years later, we have 300 million in this country
of ours. Imagine, 100 million more people, and we are still depending
on a rail system that was largely developed far earlier than the 1970s.
I think Senator Lott was absolutely right when he spoke about our
need to bring the aviation system up to date as well. We have narrowed
the separation between airplanes to one thousand feet vertically. That
is not designed to scare anybody because the Federal Aviation
Administration (FAA) can handle it, but the FAA does say we are
squeezing whatever spare air we have to fill the airspace. When we look
at the lighter jets coming into service, it is expected that there will
be some 5,000 new very light jets in the sky in the next 10 years. We
see the planes are filled constantly and ways have to be figured out to
make air service more reliable.
I repeat something that has been said many times: One out of four
flights is late today. One of the airports that suffers from these
delays is my favorite
[[Page S13547]]
airport, and that is Newark Liberty International Airport in New
Jersey. We have to learn different ways to do things because, as has
been said, the air time to fly from Newark or LaGuardia--I live in
between because I live in that part of New Jersey near the Washington
Bridge, so I live midway in between. So I can go to either airport for
service.
But what has happened is I have been on the airplane many times going
up from here to our region and I hear the pilot say: Good evening, the
weather is fine, the flying time to Newark Liberty Airport is 38
minutes. Since there are no weather delays we should enjoy our trip up
there, and I hope we will be able to close the door soon and get on our
way.
In this particular flight that I am thinking of, the pilot closed the
door, we were pushed out with the truck to get into place, and the
pilot said: Oh, we just learned air traffic in the New York area is
fairly heavy, and our takeoff time is an hour from now.
An hour from now, for a 38-minute flight. I looked at my watch many
times and couldn't wait for the hour to pass. The pilot gets on the air
and says: We have just been advised that we have 23 minutes longer than
expected.
By the time that 38 minutes flying time got through, it was 3 hours
of time passed.
I just told the story about taking a train down this morning from New
York Penn Station, and it was 2 hours and 35 minutes. I was in the
city, so I didn't have to travel a half or three-quarters of an hour to
get to the airport, and then to be there a half hour or 45 minutes
early, so the time consumed just doesn't balance out.
We have to get on with this opportunity to improve our transportation
systems because we are being forced into it. We have not planned
adequately enough to accommodate travel in our country. We have to act,
because we know things are going to worsen, not get better
automatically.
As we deal with problems--the occupant of the chair, the Senator from
Vermont, and I--we are dealing actively with global warming because of
emissions that come from cars, from buildings, from industrial sources,
from all kinds of greenhouse gas sources that are creating global
warming. Global warming threatens our families directly. It is said by
the most auspicious scientific advisory groups--the National Academy of
Sciences, the Union of Concerned Scientists, National Science
Foundation--they are saying: Get on with it. You have a 10-year window
during which time you can do something about arresting the growth of
global warming that will make life quite different on our planet than
we are used to.
When we see ecological disturbances, like male fish in the Potomac
River carrying eggs--not the female fish--that is an ominous sign. When
we see polar bears on floes that are ragged, watching as the ice melts
from under their feet, it is an ominous sign. When we understand that,
if the ice melts--and the occupant of the Presiding Officer's chair and
I and other Senators were in Greenland not too long ago and watched ice
melt, not in little rivulets but almost like waterfalls, and the
forecast is that if that ice melt continues at the pace it is, within
50 years the seas can be 20 feet higher than they are. We have to get
on with it.
This is an opportunity to make a contribution to the reduction of
greenhouse gases and arrest the momentum of global warming. That rail
bill we have is an essential factor in that area.
How about the experience this country has had in these last years
when two nuclear energy plants were built, one in New Hampshire and one
in Long Island, NY, that had to be virtually abandoned because there
was no sensible evacuation route. Rail makes a difference. If rail had
been used in Louisiana at the time of Katrina, a lot more people could
have escaped some of the fear and the anxiety and the deaths and
illnesses that struck people as a result of that terrible storm. Let's
get on with it.
We have a commitment under the regular order of business to vote at 4
o'clock on an amendment that talks about showing the subsidy per
ticket, offered from our colleague from South Carolina, to make certain
that we identify how much we are spending on a subsidy.
We are not saying the same thing has to be done on an air ticket.
Aviation is essential. Airlines helped connect this country. We are
able to get coast to coast, long distances, in a relatively short time.
We subsidize these for-profit companies. They are businesses. Amtrak is
a not-for-profit company, so we are going to have to subsidize it. I
think now what we are saying is we are stepping up to the plate and
getting on with it.
I hope my colleague from South Carolina will be able to join us
because the time now will be charged to the time allotted for debate. I
am going to suggest the absence of a quorum while we wait and ask the
time for debate under the quorum call be equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DeMINT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DeMINT. Mr. President, I understand at 4 o'clock we have a vote
on DeMint amendment No. 3467. I would summarize again the purpose of
this amendment and what it entails. We have talked about the importance
of disclosure, in letting the American people know how Government
operates and actually what it costs them.
When it comes to Amtrak, we are all very aware that there are heavy
subsidies for Amtrak. This works out to an average of over $210 a
ticket across the country. In some parts of the country Amtrak is
working very well and in other parts of the country, the Federal
Government is subsidizing over $500 a ticket to keep this going.
Mr. LAUTENBERG. Mr. President, we have about 6 minutes left. I
suggest we divide it between us so that we have a couple of minutes to
respond to the Senator.
Mr. DeMINT. That is fine. I will take a couple more minutes.
My amendment requests full disclosure of the costs of subsidies for
each ticket. This would allow passengers and all Americans to know that
when they buy a ticket, how much tax dollars go in, in addition to what
they pay, to subsidize the price of their ticket.
This will do a number of things, I think, that are important. It will
not only let the American people know how much they are spending to
keep Amtrak going, it will force Amtrak to actually calculate the real
costs of operating their lines throughout the country.
In order for us as a Congress to make good decisions about Amtrak and
allow them to make good decisions about which lines should be
discontinued, which ones should be continued, it is important for them
to calculate the cost. Right now the way they calculate costs does not
allow them to determine the real costs for their lines. I want to make
clear we are not trying to cut any funding in this amendment from
Amtrak. We are not asking to do anything but what a normal business
would do; that is, to calculate the real cost of operating each of
their lines.
It is the same as asking a business to determine the cost of all of
their product lines so they can determine which are profitable, which
are not. In this case, we will determine not only which ones are not
profitable, and how much in subsidies there is, but what the real costs
are for each line.
I encourage my colleagues to support this as a measure of disclosure
for Amtrak, not in any way to harm Amtrak or their operations. I think
it is a way to help them be more efficient in the future.
With that, I yield back the remainder of my time.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. LOTT. Mr. President, let me say again to the Senator from South
Carolina who just left the Chamber, I appreciate the way he has
approached this. He did not come in and condemn it; he looked at it. He
had some ideas, and several of them have been accepted. I think he
wound up getting five of his ideas that have been accepted. So he has
been a constructive force.
I have found a lot of Members assume we are trying to provide money
to Amtrak without any reforms. When they
[[Page S13548]]
look at it, I think they are surprised at the number of requirements
and plans and reform that we do include in this legislation.
But I would be opposed to this amendment. You would have to print on
each individual ticket the specific amount of the Government subsidy
per passenger for that route. Now, think about it. You know on its face
that would take a lot of effort. It is changing. It would cost, I have
heard, probably as much as $3 million. I do not want to vouch for that,
but there would be some cost. But it is already available. You can get
this information through the public Web site. That is available, about
what the cost of the subsidy is on these tickets. So it would provide
something that is already available. You would have to pay for it. We
have a number of other reporting and disclosure requirements included
in this bill. I think it is redundant to what we have in the bill.
We are focused on trying to reduce subsidies. The point should not be
how much is it now per ticket; the point should be: How much is it
aggregate and what are we going to do about it? We have got specific
markers in this legislation, the metrics and standards that will be
required to get us to a reduced amount of subsidy.
But, again, as I have said earlier, it is a chicken-and-egg thing.
You can do it in a responsible and reasonable way and get a result or
you can force things that cost money and do not achieve anything.
Also, we are not going to reduce the subsidies until we improve the
service, improve the capital stock, and do a better job. That is what I
believe this legislation will do. So I urge the amendment be defeated.
I again thank the Senator from South Carolina for being willing to
work with us on a number of amendments he had that actually did add
improvements to the bill.
With that, I yield the floor. I do not know if there is any time
remaining.
Mr. LAUTENBERG. Mr. President, we need a couple of minutes. I ask
unanimous consent to extend the period prior to the vote for 5 minutes
so we can prepare the managers' amendment prior to the vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LAUTENBERG. Mr. President, I note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. LAUTENBERG. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 3486; 3489, as Modified; and 3469, as Modified, En Bloc
Mr. LAUTENBERG. Mr. President, under the order, there is consent for
a managers' amendment to be in order. That managers' amendment is at
the desk, and I ask unanimous consent that the three amendments be
considered en bloc and modified, if applicable; that the amendments be
agreed to as modified, if modified; and the motions to reconsider be
laid upon the table, en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were agreed to, as follows:
AMENDMENT NO. 3486
(Purpose: To require the rail cooperative research program to include
research designed to review rail crossing safety improvements,
including improvements using new safety technology)
On page 105, between lines 13 and 14, insert the following:
``(12) To review rail crossing safety improvements,
including improvements using new safety technology.
AMENDMENT NO. 3489, as modified
On page 60, after line 22, add the following:
SEC. 224. PASSENGER RAIL STUDY.
(a) In General.--The Comptroller General of the General
Accountability Office shall conduct a study to determine the
potential cost and benefits of expanding passenger rail
service options in underserved communities.
(b) Submission.--Not later than 1 year after the date of
the enactment of this Act, Comptroller General shall submit a
report containing the results of the study conducted under
this section to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
AMENDMENT NO. 3469, as modified
On page 16, between lines 5 and 6 insert the following:
(c) Categorization of Revenues and Expenses.--
(1) In general.--In carrying out subsection (a), the Amtrak
Board of Directors shall separately categorize routes,
assigned revenues, and attributable expenses by type of
service, including long distance routes, State-sponsored
routes, commuter contract routes, and Northeast Corridor
routes.
(2) Northeast corridor.--Amtrak revenues generated by
freight and commuter railroads operating on the Northeast
Corridor shall be separately listed to include the charges
per car mile assessed by Amtrak to other freight and commuter
railroad entities.
(3) Fixed overhead expenses.--Fixed overhead expenses that
are not directly assigned or attributed to any route (or
group of routes) shall be listed separately by line item and
expense category.
Vote on Amendment No. 3467
Mr. LOTT. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to amendment No. 3467. The clerk will
call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Iowa (Mr. Harkin), the Senator from
Illinois (Mr. Obama), and the Senator from Oregon (Mr. Wyden) are
necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Arizona (Mr. McCain) and the Senator from Alabama (Mr. Sessions).
The PRESIDING OFFICER (Mr. Salazar). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 27, nays 65, as follows:
[Rollcall Vote No. 399 Leg.]
YEAS--27
Allard
Barrasso
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Cornyn
DeMint
Dole
Ensign
Enzi
Graham
Grassley
Gregg
Inhofe
Isakson
Kyl
Lugar
McConnell
Roberts
Shelby
Sununu
Thune
Vitter
Voinovich
NAYS--65
Akaka
Alexander
Baucus
Bayh
Bennett
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Cochran
Coleman
Collins
Conrad
Corker
Craig
Crapo
Domenici
Dorgan
Durbin
Feingold
Feinstein
Hagel
Hatch
Hutchison
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Martinez
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Warner
Webb
Whitehouse
NOT VOTING--8
Biden
Clinton
Dodd
Harkin
McCain
Obama
Sessions
Wyden
The amendment (No. 3467) was rejected.
Mr. CARDIN. Mr. President, I move to reconsider the vote.
Mr. LAUTENBERG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. SCHUMER. Mr. President, I rise today in support of the Passenger
Rail Investment and Improvement Act of 2007. First I would like to
thank Senator Lautenberg and Senator Lott and their staff for all of
their hard work on this bill. This bill is the product of true
collaboration and I am proud to be an original cosponsor. Serving
nearly 26 million riders each year, Amtrak provides an invaluable
service to travelers and commuters all over the country and
particularly along the Northeast corridor.
Unfortunately, in the past few years, we have seen efforts to fully
fund and modernize Amtrak thwarted, leaving Amtrak repeatedly
underfunded by the administration. This bill will end this pattern of
stop-gap funding and provide Amtrak with the resources it needs to
improve service and passenger safety as we move forward. As you know,
many of the security measures initially included in this bill have
already been signed into law as part of the Implementing the 9/11
Recommendations Act. I congratulate my colleagues on
[[Page S13549]]
these accomplishments as these measures will significantly strengthen
the security of our passenger rail system.
As Amtrak formulates its plan for the future, it is important that it
has the funding and support needed to maintain the system and restore
operations to high performance levels. By authorizing $10 billion over
the next 6 years for repairs and operating costs, in addition to
millions in grant funding, Amtrak will be able to accomplish this goal
and meet the transportation and safety needs of travelers who rely on
the system. This bill will also ensure that Amtrak is able to restore
the Northeast corridor--the most heavily trafficked stretch of the
system--to a state of good repair by the end of 2012. This corridor is
relied upon by leisure and business travelers alike and is an integral
part of the Northeast economy. I am proud to be an original cosponsor
on this bill and believe it provides Amtrak with a solid blueprint for
the future.
In New York particularly, Amtrak is indispensable to the economy and
business community. Thousands of riders travel daily to New York City
for meetings, to visit family and friends or for an early dinner before
a Broadway show. Amtrak offers New Yorkers reliable and hassle-free
access to cities all along the east coast, making it a crucial mode of
transportation for hundreds of thousands of travelers each year.
I am committed to working with my colleagues to continue to improve
passenger rail service through Federal support and increases in safety
and security and I look forward to the final passage of this bill.
Mr. SMITH. Mr. President, as ranking member of Senate Commerce
Committee's Subcommittee on Surface Transportation, I rise to speak in
the support of the Passenger Rail Investment and Improvement Act of
2007. This bill reflects several years of work by Senators Lautenberg,
Lott, myself and many others to reform our Nation's passenger rail
system.
Over the 6-year life of the bill, Amtrak's operating subsidy is
reduced by 40 percent through cost cutting, restructuring, and reform.
This bill authorizes funding for Amtrak's capital and operating needs
to maintain current operations, upgrade equipment, and return the
Northeast Corridor to a state of good repair.
While I know that there are some who argue that this bill does not go
far enough, I do believe that it is a step in the right direction. In
particular, I believe that the State-Amtrak partnerships outlined in
this bill--with respect to both the cost allocation and capital match--
will be key to ensuring the long-term viability and growth in ridership
of intercity passenger rail.
I have long advocated for the establishment of an equitable system
for States to pay their fair share toward the operating costs related
to Amtrak corridor routes. In the Northwest, Amtrak operates the Amtrak
Cascades, which provides daily service between Eugene, OR and
Vancouver, British Columbia. This service is supported through
operating funds provided by the States of Oregon and Washington.
With almost 700,000 riders last year, the Amtrak Cascades is the
seventh most heavily traveled corridor in the country and represents a
model for partnership among States, Amtrak, freight railroads and local
communities. Currently, however, Oregon is one of only 14 States that
provide operating funds to support and maintain Amtrak's service. This
bill would help change that.
On the capital side, this bill encourages States to get more involved
with our national passenger rail system by creating a new State Capital
Grant program for intercity passenger rail capital projects.
The program makes grants to a State, or a group of States, to pay for
the capital costs of facilities and equipment necessary to provide new
or improved intercity passenger rail. The Federal match is 80 percent.
Providing States with this option will be a valuable tool to assist
them in their transportation planning.
Across the country and across all transportation modes, congestion is
becoming more and more of a problem, and, unfortunately, it is only
going to get worse. Increasing the use of passenger rail, particularly
within more densely populated corridors such as the Cascades corridor I
mentioned earlier, should be part of our national strategy to fight
congestion.
It should be noted that intercity and commuter passenger railroads
are one of the cleanest forms of transportation. On a per passenger
mile, Amtrak is 17 percent more energy efficient that domestic airline
travel and 21 percent more efficient than auto travel.
Finally, I want to talk quickly about ridership and financial
performance. In fiscal year 2007, Amtrak ridership increased to
25,847,000, marking the fifth straight year of gains and setting a
record for the most passengers using Amtrak since its creation in 1971.
Additionally, total ticket revenue for the fiscal year topped $1.5
billion, up 11 percent over the previous fiscal year.
More people are using Amtrak today than ever before, and given the
transportation capacity constraints our country will face in the coming
years, I believe it would be a mistake if we didn't make the
investments now--in both time and money--to try to reform the system to
ensure that passenger trains are a viable transportation alternative in
the future.
I don't believe that this is a perfect bill, but I do believe that it
is a step in the right direction, and I hope my colleagues will support
it.
Mr. LIEBERMAN. Mr. President, I rise today in support of the
Passenger Rail Improvement and Investment Act of 2007. I commend
Senators Lautenberg, Carper, and Lott for their excellent work on this
bill, and I am proud to co-sponsor it.
Amtrak is certainly important to my home State of Connecticut. Amtrak
operates 46 daily trains in Connecticut, serving almost 1.5 million
passengers each year. New Haven is the twelth busiest train station in
the entire Amtrak system, with over 630,000 passengers annually. Amtrak
is also a significant employer in my State, providing 575 jobs to
Connecticut residents.
These Connecticut facts provide me with robust reasons to champion
Amtrak, but I also believe that we must have a strong national
passenger rail system. We rely on the heavily used Northeast corridor
to provide a convenient transportation option for those traveling
between Washington, DC and Boston. The capital funding authorization in
the legislation before us will require that Amtrak develop a spending
plan to improve infrastructure along the corridor, which will lead to
reduced travel time and delays.
There is also an important environmental reason to support Amtrak.
Global warming is a real problem, and we need to figure out sensible
ways to reduce our reliance on foreign oil. We can only solve this
national crisis if we work together collectively. As far as Amtrak is
concerned, we cannot focus solely on the East and West coast train
corridors. Instead, we need to figure out ways to increase ridership
for as many routes as possible. This bill requires Amtrak to become
more efficient in delivering its long distance service by implementing
performance improvement plans for trains with low ridership.
The Passenger Rail Investment and Improvement Act also creates a new
State Capital Grant program for inter-city passenger rail projects.
With a Federal match of 80 percent, the Secretary of Transportation
will select worthy projects based on environmental impact, economic
benefit, and anticipated ridership. I want to underscore the importance
of this new grant program. The era of cheap oil is over, and our
Nation's security depends on implementing innovative energy and
transportation alternatives.
The last Amtrak authorization bill expired in 2002, so the time for
this bill's passage is overdue. Amtrak deserves a stable funding
blueprint for the next 5 fiscal years. Without such certainty, it is
impossible for Amtrak to succeed and meet the considerable challenges
and goals we have placed before them.
I commend my colleagues again for a job well done on a bipartisan
piece of legislation that builds a strong consensus on the next
generation of passenger rail in the United States.
Mr. CASEY. Mr. President, I rise today in strong support of S. 294,
the Passenger Rail Investment and Improvement Act of 2007, offered by
Senators Lautenberg and Lott. I signed on as a cosponsor of this bill
soon after
[[Page S13550]]
it was introduced because this legislation provides a much-needed and
long overdue investment in the future of passenger rail in our country.
The benefits of a strong passenger rail network are clear: Amtrak
helps reduce congestion on our highways in an environmental-friendly
manner. Anyone who travels regularly on our Nation's highways
recognizes that we need a comprehensive solution to our congestion
problems that involves multiple modes of transportation. We need to do
so, however, in a way that reduces carbon emissions. Passenger rail is
key to these efforts.
Amtrak has made great strides in recent years in terms of its on-time
performance, its commitment to high speed rail, and its emphasis on
increased ridership. While Amtrak still has work to do on the longer
distance routes serving Pennsylvania and other parts of the country,
the well-documented ontime performance of the Acela Express in the
Northeast corridor is a perfect example of the possibilities that
result from appropriate investments in rail infrastructure. At the end
of fiscal year 2007, Amtrak officials reported that ontime performance
for Acela Express was 87.8 percent, up more than 3 percent over the
same period in 2006.
The Northeast corridor is not the only area where Amtrak is making
progress. Pennsylvania's Keystone line, operating between Harrisburg
and Philadelphia, ranks fifth in ridership and revenue growth among all
Amtrak services. Many of my constituents use this line to travel
between Harrisburg and Lancaster and on to Philadelphia and New York.
The legislation we are considering here today also would create a new
State Capital Grant Program for intercity passenger rail capital
projects. The program would authorize the awarding of grants to a
State, or a group of States, to pay for the capital costs of
infrastructure, facilities, and equipment necessary to provide new or
improved intercity passenger rail. This new program is particularly of
interest in Pennsylvania, as we continue to look at reinstituting
routes, particularly between Scranton and the New York metropolitan
area.
Finally, it is my hope that this new investment will spur Amtrak to
address outstanding labor issues that have simply gone on for too long.
Amtrak's infrastructure upgrades should be coupled with investments in
its workforce, and I, along with many of my colleagues in the Senate
and the House, will continue to closely monitor this situation in the
coming weeks and months.
Thank you. I urge my colleagues to support this important bill.
Mrs. FEINSTEIN. Mr. President, I rise today in support of the
Passenger Rail Investment and Improvement Act of 2007.
The bill before us today would authorize an increase in Federal
funding for the operation and development of passenger rail services,
reauthorize Amtrak for an additional 6 years, and provide much needed
reform of the Nation's rail system.
This legislation makes an important first step to establish high-
speed rail systems throughout the United States.
A strong national rail system provides Americans with a practical
transportation alternative, helps to alleviate traffic congestion on
our Nation's highways and reduces harmful greenhouse gas emissions.
This legislation would also require an increase in financial and
operation transparency and accountability at Amtrak, reduce Federal
operating subsidies, and improve train performance and customer
service.
Today, Amtrak serves nearly 25 million riders each year at more than
500 stations across 46 States.
Amtrak is also one of the Nation's largest providers of contracted
commuter service for State and regional authorities. Over 60 million
commuters in California, Maryland, Connecticut, Washington, and
Virginia take Amtrak to work each year.
California's partnership with Amtrak represents the largest State-
supported passenger rail program in the United States. Each day, Amtrak
operates approximately 70 intercity trains and 100 commuter trains in
California.
Amtrak's corridors in California are also among the busiest in the
Nation, with more than 10 million Californians boarding Amtrak during
fiscal year 2006.
The Pacific Surfliner service from San Diego through Los Angeles is
the second busiest corridor in the United States with over 2.5 million
riders in 2006.
The Capitol Corridor service between Sacramento and San Jose is the
third most traveled corridor in the country with over 1 million riders
in 2006.
Home to two of the Nation's top five most congested cities in the
United States, my home State of California understands the importance
of viable travel alternatives.
Passenger rail services have helped ease highway congestion, reduce
automobile emissions and improve the State's air quality.
California is well ahead of the curve on developing a transportation
system that has low environmental impact yet meets the growing needs of
the California economy.
But there is still much more work to be done.
It is expected that California's population will grow to more than 50
million people by 2030.
California would need to build about 3,000 additional lane-miles on
intercity highways and over 90 new gates and five new airport runways
to serve the expected population in 2030.
The State of California and the California High-Speed Rail Authority
are working to develop a high-speed rail system which would stretch
from San Francisco, Oakland and Sacramento in the north, to Los Angeles
and San Diego in the south.
With trains operating at speeds up to 220 mph, the travel time from
downtown San Francisco to Los Angeles would be just under 2\1/2\ hours.
As envisioned, California's high-speed train system could accommodate
nearly 120 million passengers annually by 2030.
This state-of-the-art rail system would take millions of cars off the
road, ease traffic congestion, reduce greenhouse gas emissions, and
allow people to travel faster, safer and more comfortably.
To move our great Nation into the next era of modern, efficient,
environmentally friendly transportation, all levels of public and
private finances and resources must be brought to bear. This
legislation is an important first step.
Investment in America's passenger rail system is important for
California. It is important for this Nation. I urge my colleagues to
join me in support of this legislation.
Mr. DURBIN. Mr. President, I thank Senators Lautenberg and Lott for
their hard work in bringing this important bill to the floor. They have
worked on this issue for years and have always done so in a bipartisan
manner.
I am proud to be an original cosponsor of this bill which helps our
Nation in many ways, not the least of which is relieving congestion on
our overcrowded transportation system.
We are facing a congestion crisis in this country today, and the
problem is only getting worse. Congestion causes Americans to travel
4.2 billion hours longer and purchase an extra 2.9 billion gallons of
gas each year, for a total congestion cost of $78 billion. This is an
increase from 2004 of 220 million hours, 140 million gallons of gas,
and $5 billion. The Texas Transportation Institute calculates that the
cost to the average traveler is $710 a year.
Americans are not just facing congestion on our roads; we're facing
it in our skies and at our airports too. Across the country, flights
are being delayed longer and longer, while passengers sit in the
terminal or are forced to sit on the tarmac. Airlines are overwhelmed
trying to balance the increased demand for air travel with the
shrinking space in our skies.
Amtrak is a big part of the solution to this congestion crisis.
Amtrak trains take cars off the roads and offer passengers a faster,
more comfortable alternative to air travel for short-distance trips.
Furthermore, the average Amtrak train emits two-thirds less global
warming pollution per passenger mile than cars and trucks and half the
global warming pollution of airplanes. We can already see the
environmental benefits of Amtrak service, despite centuries-old tracks
and aging equipment. This bill is critical because it will lay the
groundwork for Amtrak to achieve its full potential.
[[Page S13551]]
The technology behind trains continues to improve and is more
efficient. With the right Federal investment, we can see energy-
efficient, high-speed trains moving passengers between cities cleaner
and quicker than by car or plane.
We are beginning to see these benefits in my home State, as the State
of Illinois doubled its investment in passenger rail last year. Thanks
to that investment, Amtrak trains in Illinois have seen phenomenal
growth on the trains from Chicago to St. Louis, Quincy, and Carbondale.
This past year, those three routes saw the greatest increase in
ridership of any line in the Amtrak system.
The Chicago-Quincy routes--the Illinois Zephyr and the Carl
Sandburg--have seen 41.4 percent growth in ridership in the last year.
The Chicago-St. Louis line--the Lincoln--saw a 55.8 percent increase
in ridership since we have expanded service.
The Chicago-Carbondale routes--the Illini and the Saluki--have seen
an outstanding boost of 67.4 percent.
These routes helped propel Amtrak to its fifth straight year of
record ridership and ticket revenue.
The demand is only increasing, as even more Illinois communities are
clamoring for passenger rail service. The Illinois Department of
Transportation and Amtrak have released a feasibility study
demonstrating that passenger rail service from Chicago to Rockford is
very competitive with car travel, and we expect another feasibility
study soon, which will show that the same is true for service from
Chicago to the Quad Cities.
In States such as Illinois that invest in passenger rail, we are
seeing fewer cars on the road and increased economic activity along the
train lines. The Passenger Rail Investment and Improvement Act of 2007
recognizes theses benefits and rewards States that make capital and
operating investment in passenger rail.
I also thank the managers of this bill for including the State
Capital Grants Program, which will give States real incentives to
invest in expanding passenger rail corridors. The Illinois model proves
that with the right investment, we can move Americans out of traffic
jams and into a cleaner, more reliable mode of transportation.
Today, we are considering Amtrak's authorization, an authorization
that expired in 2002. We already have let too much time pass without
capitalizing on the huge demand for passenger rail service. We must
pass this bill now to pave the way for the restoration and expansion of
Amtrak.
Amtrak's success is despite the President's repeated underfunding--or
nonfunding--of passenger rail in his budgets. It is a testament to the
Senate and to the Congress that we have repeatedly rejected attempts by
the administration and others who oppose Amtrak.
Now as we stand at a crossroads of rail service in the United States,
communities are increasingly vocal about their demand for cheaper,
cleaner transportation options. Intercity rail service is an integral
component to meeting these needs. The expansion of Amtrak service is
far more than refitting rails and building new stations; it is about
economic development, relieving congestion on our roads, improving our
environment, and making life easier for future generations.
I urge my colleagues to support this important legislation.
The PRESIDING OFFICER. Under the previous order, all time postcloture
is yielded back and the clerk will read the bill for the third time.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
Mr. LAUTENBERG. Mr. President, the yeas and nays have been ordered, I
believe. They have not?
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Connecticut
(Mr. Dodd), the Senator from Iowa (Mr. Harkin), the Senator from
Illinois (Mr. Obama), and the Senator from Oregon (Mr. Wyden) are
necessarily absent.
I further announce that, if present and voting, the Senator from
Delaware (Mr. Biden), and the Senator from Iowa (Mr. Harkin) would each
vote ``yea.''
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Arizona (Mr. McCain) and the Senator from Alabama (Mr. Sessions).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 70, nays 22, as follows:
[Rollcall Vote No. 400 Leg.]
YEAS--70
Akaka
Alexander
Baucus
Bayh
Bennett
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Crapo
Dole
Domenici
Dorgan
Durbin
Feingold
Feinstein
Grassley
Hagel
Hatch
Hutchison
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Warner
Webb
Whitehouse
NAYS--22
Allard
Barrasso
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Craig
DeMint
Ensign
Enzi
Graham
Gregg
Inhofe
Isakson
Kyl
McConnell
Sununu
Thune
Vitter
Voinovich
NOT VOTING--8
Biden
Clinton
Dodd
Harkin
McCain
Obama
Sessions
Wyden
The bill (S. 294), as amended, was passed, 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. 210A. Report on service delays on certain passenger rail 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.
[[Page S13552]]
Sec. 220. Private sector funding of passenger trains.
Sec. 221. On-board service improvements.
Sec. 222. Amtrak management accountability.
Sec. 223. Locomotive biodiesel fuel use study.
Sec. 224. Sense of the Senate regarding the need to maintain Amtrak as
a national passenger rail system.
Sec. 225. Passenger rail study.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 301. Capital assistance for intercity passenger rail service;
State rail plans.
Sec. 302. State rail plans.
Sec. 303. Next generation corridor train equipment pool.
Sec. 304. Federal rail policy.
Sec. 305. Rail cooperative research program.
Sec. 306. Passenger rail system comparison study.
TITLE IV--MISCELLANEOUS
Sec. 401. Strategic plan on expanded cross-border passenger rail
service during the 2010 Olympic Games.
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 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, DC;
``(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:
``Sec. 24702. Transportation requested by States,
authorities, and other persons
``(a) Contracts for Transportation.--Amtrak may enter into
a contract with a State, a regional or local authority, or
another person for Amtrak to operate an intercity rail
service or route not included in the national rail passenger
transportation system upon such terms as the parties thereto
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).''.
(e) Amtrak's Mission.--
(1) Section 24101 is amended--
(A) by striking ``purpose'' in the section heading and
inserting ``mission'';
(B) by striking subsection (b) and inserting the following:
``(b) Mission.--
``(1) In general.--The mission of Amtrak is to provide
efficient and effective intercity passenger rail mobility
consisting of high quality service that is trip-time
competitive with other intercity travel options and that is
consistent with the goals of subsection (d).
[[Page S13553]]
``(2) Performance measurement.--All measurements of Amtrak
performance, including decisions on whether, and to what
extent, to provide operating subsidies, shall be based on
Amtrak's ability to carry out the mission described in
paragraph (1).''; and
(C) by redesignating paragraphs (9) through (11) in
subsection (c) as paragraphs (10) through (12), respectively,
and inserting after paragraph (8) the following:
``(9) provide redundant or complimentary intercity
transportation service to ensure mobility in times of
national disaster or other instances where other travel
options are not adequately available;''.
(2) Conforming amendment.--The chapter analysis for chapter
241 is amended by striking the item relating to section 24101
and inserting the following:
``24101. Findings, mission, and goals''.
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;
(2) shall implement a modern financial accounting and
reporting system; and
(3) shall, not later than 90 days after the end of each
fiscal year through fiscal year 2012--
(A) submit to Congress a comprehensive report that
allocates all of Amtrak's revenues and costs to each of its
routes, each of its lines of business, and each major
activity within each route and line of business activity,
including--
(i) train operations;
(ii) equipment maintenance;
(iii) food service;
(iv) sleeping cars;
(v) ticketing; and
(vi) reservations;
(B) include the report described in subparagraph (A) in
Amtrak's annual report; and
(C) post such report on Amtrak's website.
(b) Verification of System; Report.--The Inspector General
of the Department of Transportation shall review the
accounting system designed and implemented under subsection
(a) to ensure that it accomplishes the purposes for which it
is intended. The Inspector General shall report his findings
and conclusions, together with any recommendations, to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure.
(c) Categorization of Revenues and Expenses.--
(1) In general.--In carrying out subsection (a), the Amtrak
Board of Directors shall separately categorize routes,
assigned revenues, and attributable expenses by type of
service, including long distance routes, State-sponsored
routes, commuter contract routes, and Northeast Corridor
routes.
(2) Northeast corridor.--Amtrak revenues generated by
freight and commuter railroads operating on the Northeast
Corridor shall be separately listed to include the charges
per car mile assessed by Amtrak to other freight and commuter
railroad entities.
(3) Fixed overhead expenses.--Fixed overhead expenses that
are not directly assigned or attributed to any route (or
group of routes) shall be listed separately by line item and
expense category.
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;
(12) prior fiscal year and projected operating ratio, cash
operating loss, and cash operating loss per passenger on a
route, business line, and corporate basis;
(13) prior fiscal year and projected specific costs and
savings estimates resulting from reform initiatives;
(14) prior fiscal year and projected labor productivity
statistics on a route, business line, and corporate basis;
(15) prior fiscal year and projected equipment reliability
statistics; and
(16) capital and operating expenditure 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.
[[Page S13554]]
(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 relevant State and the Mayor of the
District of Columbia or groups representing those officials,
shall develop and implement a single, Nationwide 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 served by intercity passenger rail service
or 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.--Not later than 1 year after the date of
the enactment of this Act, Amtrak shall conduct a 1-time
evaluation of passenger rail service between Seattle and
Chicago (commonly known as the ``Pioneer Route''), which was
operated by Amtrak until 1997, using methodologies adopted
under subsection (c), to determine whether to reinstate
passenger rail service along the Pioneer Route or along
segments of such route.
(f) North Coast Hiawatha Route.--Not later than 1 year
after the date of enactment of this Act, Amtrak shall conduct
a 1-time evaluation of passenger rail service between Chicago
and Seattle, through Southern Montana (commonly known as the
``North Coast Hiawatha Route''), which was operated by Amtrak
until 1979, using methodologies adopted under subsection (c),
to determine whether to reinstate passenger rail service
along the North Coast Hiawatha Route or along segments of
such route, provided that such service will not negatively
impact existing Amtrak routes.
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.
[[Page S13555]]
(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, a host
freight railroad over which Amtrak operates, 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. As part of
its investigation, the Board has authority to review the
accuracy of the train performance data. 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, order the host rail carrier to 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) Fees.--The Surface Transportation Board may establish
and collect filing fees from any entity that files a
complaint under section 24308(f)(1) of title 49, United
States Code, or otherwise requests or requires the Board's
services pursuant to this Act. The Board shall establish such
fees at levels that will fully or partially, as the Board
determines to be appropriate, offset the costs of
adjudicating complaints under that section and other requests
or requirements for Board action under this Act. The Board
may waive any fee established under this subsection for any
governmental entity as determined appropriate by the Board.
(c) Authorization of Additional Staff.--The Surface
Transportation Board may increase the number of Board
employees by up to 15 for the 5 fiscal year period beginning
with fiscal year 2008 to carry out its responsibilities under
section 24308 of title 49, United States Code, and this Act.
(d) 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--
``(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. 210A. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL
ROUTES.
Not later than 6 months after the date of the enactment of
this Act, the Inspector General of the Department of
Transportation shall submit to Congress a report that--
(1) describes service delays and the sources of such delays
on--
(A) the Amtrak passenger rail route between Seattle,
Washington, and Los Angeles, California (commonly known as
the ``Coast Starlight''); and
(B) the Amtrak passenger rail route between Vancouver,
British Columbia, Canada, and Eugene, Oregon (commonly known
as ``Amtrak Cascades''); and
(2) contains recommendations for improving the on-time
performance of such 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, or any entity operating as a rail carrier that
has negotiated a contingent agreement to lease necessary
rights-of-way from a rail carrier or rail carriers that own
the infrastructure on which Amtrak operates such routes, 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;
[[Page S13556]]
``(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 railroad right-
of-way (including track, signals, and auxiliary structures),
facilities, stations, and equipment, of 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.
(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;
[[Page S13557]]
``(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 and'' 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 October 31, 2007.
(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.
(d) Acela Service Study.--
(1) In general.--Amtrak shall conduct a conduct a study to
determine the infrastructure and equipment improvements
necessary to provide regular Acela service--
(A) between Washington, D.C. and New York City in 2 hours
and 30 minutes; and
(B) between New York City and Boston in 3 hours and 15
minutes.
(2) Issues.--The study conducted under paragraph (1) shall
include--
(A) an estimated time frame for achieving the trip time
described in paragraph (1);
(B) an analysis of any significant obstacles that would
hinder such an achievement; and
(C) a detailed description and cost estimate of the
specific infrastructure and equipment improvements necessary
for such an achievement.
(3) Secondary study.--Amtrak shall provide an initial
assessment of the infrastructure and equipment improvements,
including an order of magnitude cost estimate of such
improvements, that would be necessary to provide regular
Acela service--
(A) between Washington, D.C. and New York City in 2 hours
and 15 minutes; and
(B) between New York City and Boston in 3 hours.
(4) Report.--Not later than February 1, 2008, Amtrak shall
submit a written report containing the results of the studies
required under this subsection to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and Infrastructure of
the House of Representatives;
(D) the Committee on Appropriations of the House of
Representatives; and
(E) the Federal Railroad Administration.
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 S13558]]
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) Plan required.--Section 24101(d) is amended--
(A) by striking ``plan to operate within the funding levels
authorized by section 24104 of this chapter, including the
budgetary goals for fiscal years 1998 through 2002.'' and
inserting ``plan, consistent with section 204 of the
Passenger Rail Investment and Improvement Act of 2007,
including the budgetary goals for fiscal years 2007 through
2012.''; and
(B) by striking the last sentence and inserting ``Amtrak
and its Board of Directors shall adopt a long term plan that
minimizes the need for Federal operating subsidies.''.
(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.
(c) Travel Facilitation.--Using existing authority or
agreements, or upon reaching additional agreements with
Canada, the Secretary of Transportation and other Federal
agencies, as appropriate, are authorized to establish
facilities and procedures to conduct preclearance of
passengers traveling on Amtrak trains from Canada to the
United States. The Secretary shall seek to establish such
facilities and procedures--
(1) in Vancouver, Canada, no later than June 1, 2008; and
(2) in other areas as determined appropriate by the
Secretary.
SEC. 220. PRIVATE SECTOR FUNDING OF PASSENGER TRAINS.
Amtrak is encouraged to increase the operation of trains
funded by, or in partnership with, private sector operators
through competitive contracting to minimize the 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.''.
SEC. 223. LOCOMOTIVE BIODIESEL FUEL USE STUDY.
(a) In General.--The Federal Railroad Administration, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, shall
conduct a study to determine the extent to which Amtrak could
use biodiesel fuel blends to power its fleet of locomotives
and any of its other motor vehicles that can operate on
diesel fuel.
(b) Factors.--In conducting the study, the Federal Railroad
Administration shall consider--
[[Page S13559]]
(1) environmental and energy security effects of biodiesel
fuel use;
(2) the cost of purchasing biodiesel fuel blends for such
purposes;
(3) whether sufficient biodiesel fuel is readily available;
and
(4) the effect of biodiesel fuel use on relevant
performance or warranty specifications.
(c) Report.--Not later than April 1, 2008, the Federal
Railroad Administration shall report the results of its study
to the Congress together with such findings, conclusions, and
recommendations as it deems appropriate.
SEC. 224. SENSE OF THE SENATE REGARDING THE NEED TO MAINTAIN
AMTRAK AS A NATIONAL PASSENGER RAIL SYSTEM.
(a) Findings.--The Senate makes the following findings:
(1) In fiscal year 2007, 3,800,000 passengers traveled on
Amtrak's long distance trains, an increase of 2.4 percent
over fiscal year 2006.
(2) Amtrak long-distance routes generated $376,000,000 in
revenue in fiscal year 2007, an increase of 5 percent over
fiscal year 2006.
(3) Amtrak operates 15 long-distance trains over 18,500
route miles that serve 39 States and the District of
Columbia. These trains provide the only rail passenger
service to 23 States.
(4) Amtrak's long-distance trains provide an essential
transportation service for many communities and to a
significant percentage of the general public.
(5) Many long-distance trains serve small communities with
limited or no significant air or bus service, especially in
remote or isolated areas in the United States.
(6) As a result of airline deregulation and decisions by
national bus carriers to leave many communities, rail
transportation may provide the only feasible common carrier
transportation option for a growing number of areas.
(7) If long-distance trains were eliminated, 23 States and
243 communities would be left with no intercity passenger
rail service and 16 other States would lose some rail
service. These trains provide a strong economic benefit for
the States and communities that they serve.
(8) Long-distance trains also provide transportation during
periods of severe weather or emergencies that stall other
modes of transportation.
(9) Amtrak provided the only reliable long-distance
transportation following the September 11, 2001 terrorist
attacks that grounded air travel.
(10) The majority of passengers on long-distance trains do
not travel between the endpoints, but rather between any
combination of cities along the route.
(11) Passenger trains provide transportation options,
mobility for underserved populations, congestion mitigation,
and jobs in the areas they serve.
(12) Passenger rail has a positive impact on the
environment compared to other modes of transportation by
conserving energy, reducing greenhouse gas emissions, and
cutting down on other airborne particulate and toxic
emissions.
(13) Amtrak communities that are served use passenger rail
and passenger rail stations as a significant source of
economic development.
(14) This Act makes meaningful and important reforms to
increase the efficiency, profitability and on-time
performance of Amtrak's long-distance routes.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) long-distance passenger rail is a vital and necessary
part of our national transportation system and economy; and
(2) Amtrak should maintain a national passenger rail
system, including long-distance routes, that connects the
continental United States from coast to coast and from border
to border.
SEC. 225. PASSENGER RAIL STUDY.
(a) In General.--The Comptroller General of the General
Accountability Office shall conduct a study to determine the
potential cost and benefits of expanding passenger rail
service options in underserved communities.
(b) Submission.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall
submit a report containing the results of the study conducted
under this section to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL
SERVICE; STATE RAIL PLANS.
(a) In General.--Part C of subtitle V is amended by
inserting the following after chapter 243:
``CHAPTER 244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE
``Sec.
``24401. Definitions.
``24402. Capital investment grants to support intercity passenger rail
service.
``24403. Project management oversight.
``24404. Use of capital grants to finance first-dollar liability of
grant project.
``24405. Grant conditions.
``Sec. 24401. Definitions
``In this subchapter:
``(1) Applicant.--The term `applicant' means a State
(including the District of Columbia), a group of States, an
Interstate Compact, or a public agency established by one or
more States and having responsibility for providing intercity
passenger rail service.
``(2) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under
chapter 225 of this title for--
``(A) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility for use
in or for the primary benefit of intercity passenger rail
service, expenses incidental to the acquisition or
construction (including designing, engineering, location
surveying, mapping, environmental studies, and acquiring
rights-of-way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade crossing
improvements related to intercity passenger rail service,
security, mitigating environmental impacts, communication and
signalization improvements, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
``(B) rehabilitating, remanufacturing or overhauling rail
rolling stock and facilities used primarily in intercity
passenger rail service;
``(C) costs associated with developing State rail plans;
and
``(D) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service
under section 24404.
``(3) Intercity passenger rail service.--The term
`intercity passenger rail service' means transportation
services with the primary purpose of passenger transportation
between towns, cities and metropolitan areas by rail,
including high-speed rail, as defined in section 24102 of
title 49, United States Code.
``Sec. 24402. Capital investment grants to support intercity
passenger rail service
``(a) General Authority.--
``(1) The Secretary of Transportation may make grants under
this section to an applicant to assist in financing the
capital costs of facilities, infrastructure, 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
[[Page S13560]]
``(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, including projects that involve the purchase of
environmentally sensitive, fuel-efficient, and cost-effective
passenger rail equipment.
``(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).
``(J) Projects described in section 5302(a)(1)(G) of this
title that are designed to support intercity passenger rail
service.
``(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 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
and operating costs of up to $5,000,000 per fiscal year of
such service in fiscal years 2003, 2004, 2005, and 2006 shall
be credited towards the matching requirements for grants
awarded in fiscal years 2007, 2008, and 2009 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 fiscal year 2007, for capital
projects to benefit intercity passenger rail service or for
the operating costs of such service above the average capital
and operating 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.--
[[Page S13561]]
``(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 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.);
``(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
``(3) the Railroad Unemployment Insurance Act (45 U.S.C.
351 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;
``(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; and
``(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
[[Page S13562]]
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.
``(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).
[[Page S13563]]
``(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, host freight railroad companies, passenger
railroad equipment manufacturers, and other passenger
railroad operators as appropriate 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:
``(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
[[Page S13564]]
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;
``(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; and
``(12) to review rail crossing safety improvements,
including improvements using new safety technology.
``(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.''.
SEC. 306. PASSENGER RAIL SYSTEM COMPARISON STUDY.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall complete a study that compares the
passenger rail system in the United States with the passenger
rail systems in Canada, Germany, Great Britain, and Japan.
(b) Issues To Be Studied.--The study conducted under
subsection (a) shall include a country-by-country comparison
of--
(1) the development of high speed rail;
(2) passenger rail operating costs;
(3) the amount and payment source of rail line construction
and maintenance costs;
(4) the amount and payment source of station construction
and maintenance costs;
(5) passenger rail debt service costs;
(6) passenger rail labor agreements and associated costs;
(7) the net profit realized by the major passenger rail
service providers in each of the 4 most recent quarters;
(8) the percentage of the passenger rail system's costs
that are paid from general government revenues; and
(9) the method used by the government to provide the
subsidies described in paragraph (8).
(c) Report.--Not later than 180 days after the completion
of the study under subsection (a), the Comptroller General
shall submit a report containing the findings of such study
to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
TITLE IV--MISCELLANEOUS
SEC. 401. STRATEGIC PLAN ON EXPANDED CROSS-BORDER PASSENGER
RAIL SERVICE DURING THE 2010 OLYMPIC GAMES.
Not later than one year after the date of the enactment of
this Act, Amtrak shall, in consultation with the Secretary of
Transportation, the Secretary of Homeland Security, the
Washington State Department of Transportation, and the owners
of the relevant railroad infrastructure--
(1) develop a strategic plan to facilitate expanded
passenger rail service across the international border
between the United States and Canada during the 2010 Olympic
Games on the Amtrak passenger rail route between Vancouver,
British Columbia, Canada, and Eugene, Oregon (commonly known
as ``Amtrak Cascades'');
(2) develop recommendations for the Department of Homeland
Security to process efficiently rail passengers traveling on
Amtrak Cascades across such international border during the
2010 Olympic Games; and
(3) submit to Congress a report containing the strategic
plan described in paragraph (1) and the recommendations
described in paragraph (2).
Mr. LAUTENBERG. Mr. President, I move to reconsider the vote and I
move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from New Jersey is recognized.
Mr. LAUTENBERG. Mr. President, I must say how satisfying it is that
the Senate has done what America has asked us to do. I can't tell you
how involved personally I have been in this for many years. Since my
relatively early days in the Senate, going back decades, I have been
interested in what we could do to make Amtrak an integral part of the
transportation system, to make Amtrak easier and more reliable for the
American people. They asked us to do this, to give them relief.
I wish to say to Senator Lott how much I have appreciated working
with him--not only now, but we have done so for a number of years. We
have the satisfaction of seeing this bill pass and we hope on its way
to becoming law. With 70 votes, this is a clear message about what the
representatives of the American people are saying.
I thank Senator Lott. It has been a pleasure working with him. As I
am sure he agrees, I look forward to having more opportunities to do
things in a bipartisan nature to help the American people. They asked
us for relief and we are giving it to them--relief from traffic
congestion, relief from lines at the airports, and relief from planes
lined up on the tarmac. Today, the Senate has said to American
travelers: You will have another choice, and the choice is passenger
rail.
I am pleased to note the wide margin by which the Passenger Rail
Investment Improvement Act of 2007 has been approved in the Senate. The
bill is going to speed passenger rail service in the United States into
the 21st century.
There are many people I wish to thank in addition to my friend and
colleague from Mississippi, the minority whip, Senator Lott, who has
had a long-standing commitment to passenger rail service.
I also wish to thank Senator Inouye, chairman of the Senate Committee
on Commerce, Science, and Transportation, for giving me the privilege
of pursuing and managing this legislation. His confidence has always
been appreciated by me.
I thank the majority leader, Harry Reid, for his leadership and
decisiveness to work to bring our bill to the floor, and I thank his
staff for their support. In particular, the floor staff, including Lula
Davis, Marty Paone, Tim Mitchell, and Trisha Engle. On the Republican
side, everybody was cooperative. I thank David Schiappa, Laura Dove,
and Jodie Hernandez.
I also thank all of our cosponsors of the bill. I particularly wish
to focus on Senator Carper's help and his hard work and constant
support for Amtrak, along with all of our cosponsors' dedication and
commitment to improving travel in America.
[[Page S13565]]
I thank Alex Kummant, the CEO of Amtrak, and his government affairs
staff, including Joe McHugh and Caroline Decker.
I thank my staff, of which I am very proud. They are always there, no
matter what the hours or the intensity of the work are. They are there
with their support, their knowledge and research and their constant
concern for making sure we do things right. My staff includes David
Matsuda, Dan Katz, Doug Mehan, and Meg Slachetka.
Mr. LOTT. Mr. President, will the Senator yield briefly? I have
another commitment off the floor.
Mr. LAUTENBERG. Yes.
Mr. LOTT. Mr. President, I wish to acknowledge the Senator's kind
remarks. It was a pleasure working with him on this legislation. It has
been a long time coming. I appreciate the active involvement he has
had, along with other Senators on both sides of the aisle, including
Senator Carper of Delaware.
There is a long history of trying to get this passed freestanding
through the Senate. We have to give credit to our leadership and to
Senator Reid in particular. He had to make this happen. We tried last
year repeatedly to get it freestanding or to get a window to offer it.
We never could get it agreed to at that time. Senator Reid carved out a
pretty big block of time for a Transportation bill. He didn't have to
do that. He deserves credit for that.
I also thank my staff, including Anne Marie Turner, who is here with
me; Chris Bertram, who has been working with me for years; and Beth
Spivey. Our staffs work together great. I am pleased with the
Republicans who voted for it and probably all of the Democrats voted
for it. I hope the House will act on this expeditiously. This could be
a big step in the right direction. I thank my colleagues on both sides
of the aisle for their cooperation. I hope we can do more of this sort
of thing in the future. I thank the Senator for letting me interrupt
his remarks.
Mr. LAUTENBERG. Not at all. I, too, thank Anne Marie Turner of
Senator Lott's staff. She was always there, and I could tell by the
expression on her face at a given moment whether we were on the right
or wrong track in talking about Amtrak. I also thank Chris Bertram and
Beth Spivey of his staff as well.
I thank the staff from the Senate Commerce Committee, including
Stephen Gardner, who is always so helpful and has extensive knowledge
about transportation. Chairman Inouye was so gracious in making sure we
were supported with the assistance of Mr. Gardner. Also, I thank
Melissa Porter, who is on loan as a detailee from the Federal Railroad
Administration; Shira Bergstein, from Senator Inouye's majority staff;
Betsy McDonnell and Dan Neuman, from Senator Gordon Smith's and Senator
Stevens's Committee minority staff.
Getting legislation passed by this body takes a lot of work, and
these folks are to be commended.
Everyone knows our highways are jammed. We don't have to tell them
that from here. All they have to think about is what time they get out
of work and what time they get home and what time do they have to leave
in the morning to get to work on time. In New Jersey, the most densely
populated State in the country, we spend 300 hours commuting by car
every year. Fifteen percent of that time is wasted sitting in traffic,
creating pollution, creating anxiety, anger, frustration, and bigger
bills as gas prices go up at the same time.
With more than 220 million vehicles on the road and the population
projected to pass the 400 million mark before 2050, congestion will
remain a major challenge if cars and trucks remain the dominant mode of
travel.
I mentioned earlier in this debate that our population in 1971, when
Amtrak was developed as a government corporation, was 200 million. Now,
barely 36 years later, we are 300 million. We haven't made much
progress in upgrading our rail systems even after our country has grown
by 100 million people.
And now we are feeling the effects. Our skies are becoming jammed as
more planes take to the air. Last year was the worst year for flight
delays since 2000. One in four planes were late.
For travelers who fly, for instance, between Washington and the New
York/New Jersey area, a 36-minute flight often becomes 2 or more hours
because of delays getting off the ground and, once there, getting off
the plane. I once flew up to LaGuardia Airport, and we waited an hour
to get to the gate.
The airlines have admitted this and have revised their schedules to
reflect that now this 36-minute flight should be expected to take 2
hours: 36 minutes in the air, and the rest of the time admiring the
landscape, which is pretty dismal when you see all these planes lined
up on the tarmac like cars in traffic.
Between lines of cars on the highways and long lines at the airports,
America's travelers need and deserve another choice. The answer is a
world-class passenger rail system.
Riding a train saves people money. The national average cost per
gallon of gasoline is over $2.80 a gallon. I have even heard estimates
that we will see oil at $200 a barrel before too long.
When you look at all the benefits to travelers, we see that riding a
train can save time, money, and congestion in other modes of
transportation.
For instance, rail service often delivers passengers directly to
where they need to go, as train stations are more frequently located in
city centers. I can tell my colleagues from personal experience, since
I road the train as recently as this morning, that riding the train was
a pleasurable experience. It gave me a chance to read, to communicate,
and even nod off for a couple of minutes. It was really a nice way to
travel. Passengers can work on laptops, talk on the phone, walk around
on the train, and generally be productive.
Riding the train also helps secure our country's future by improving
the environment. Amtrak trains are on average 17 percent more fuel
efficient than passenger airlines, and 21 percent more fuel efficient
than passenger cars, according to the U.S. Department of Energy.
Furthermore, trains produce fewer greenhouse gas emissions than cars,
trucks, and planes, and per mile locomotives emit about 50 percent less
carbon dioxide than airplanes and still less than automobiles.
Trains also save lives. If there was ever a moment that demonstrated
how much America needed a passenger rail system, it was in the wake of
9/11 and Hurricane Katrina. On 9/11, when our airports were shut down,
Amtrak was able to get travelers back to their families.
On 9/11, airports were shut down. Amtrak was able to get travelers
back to their families. During Hurricane Katrina, trains could have
helped evacuate persons from those affected cities if our Government
was better prepared to employ them. Trains sat idly by waiting for
passengers to come aboard to be taken away from the center of the
hurricane, but they could not get to the train. The Government wasn't
there to lend a hand.
There is great enthusiasm for passenger rail service in America.
Amtrak's record ridership of 26 million passengers last year can attest
to that fact. The potential of new railcars in our country is enormous.
Efficient rail service between Chicago and other Midwest cities, such
as St. Louis, Detroit, and Cleveland would revolutionize the way people
travel in an entire vital region of our country.
Likewise, a proposed passenger rail line serving Atlanta, Charlotte,
Richmond, Washington, and points in between would allow people options
besides braving Interstate 95 traffic.
If we foster passenger rail service that is viable, reliable, and
comfortable, many will choose rail as an alternative, and Amtrak's
record ridership has proven that fact.
Today's action by the Senate is a victory for anyone who is tired of
sitting in traffic or waiting in an airport and for people who work so
hard to make a living and often live far away from work, far away from
their homes. I remember a conversation I had with a man who worked in
New York City who bought a house 50 miles away from his job. His
thought, he said, for him and his family, in addition to seeing some
green space, was that he would save money, he would be able to put his
children in a house with some room. Now when I see the same man, he is
distraught because of the cost for gasoline. The cost for the time lost
in traffic outweighs the advantages he
[[Page S13566]]
thought he would have. That is not an uncommon situation.
Mr. President, I thank my colleagues for their support and look
forward to completing this legislation in this Congress and getting it
signed into law.
I look forward to hearing from our colleague, Senator Carper from
Delaware, who worked so hard and has for many years. He is a frequent
user, as they say of Amtrak, that is. We appreciate his hard work and
the opportunity we shared to work together to get this legislation
considered and passed today in the Senate.
I yield the floor.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. CARPER. Mr. President, while Senator Lautenberg is still on the
floor, I wish to express my thanks and the thanks of my constituents in
Delaware to him and Senator Lott for the partnership they forged in
bringing us to the reauthorization victory we celebrate this afternoon.
Stephen Gardner is still on the floor. Stephen was a member of my
personal staff when I was first elected to the Senate. He is succeeded
by Beth Osborne. We have a great working relationship with him. He has
great talent. He is someone who has not just been in Washington and the
Senate, but he worked for railroads in the past, including Amtrak.
Given his experience, he was invaluable in providing guidance and
support in this process.
I wish to speak briefly, and then I am going to make a unanimous
consent request that we go into morning business so that Senator
Alexander and I may engage in a colloquy on another matter.
Let me say this: I have come from a meeting at the other end of the
Capitol, that may still be going on, that started around 2 o'clock. I
stayed for almost an hour and a half. The meeting involved members of
organized labor and several leaders in the House of Representatives who
have jurisdiction, Democrat and Republican, over infrastructure and
passenger rail. The meeting was driven in part because of the threat of
a potential work stoppage on our passenger rail system. It turns out
that most Amtrak employees, hourly workers who work in the shops and
work on the trains, have not had a pay raise in about 7 or 8 years.
That is not a good situation. In fact, I think it is a grossly unfair
situation and very much a sad situation for them and for their
families.
My hope, and part of my encouragement and support for this
legislation, is that I think it provides a roadmap for going forward
with passenger rail service in this country in the 21st century. We
need a roadmap.
Senator Lautenberg and others have spoken as to why we need to do
things differently--congestion on our highways and in our airports, in
the skies, enormous reliance on foreign oil, too much bad stuff going
into our air. There are all kinds of reasons people are beginning to
ride trains more and more and why we need to provide supporting
leadership at the Federal level, at the same time entering into
partnership with State and local governments.
The beauty behind this legislation is that the Federal Government
says we are going to take charge and upgrade the Northeast corridor,
bring it to a state of good repair. In doing that, we unleash the
potential in the Northeast corridor, including bringing in the more
expensive high-speed Acela train which I helped create as a member of
the Amtrak board when I was Governor of Delaware, to the extent we can
just let them run at 100 miles an hour, 110, maybe something close to
150 miles an hour. Their ontime performance is up to 90 percent, and we
would like to make it higher so we can fill up the seats on the Acela.
We are close to doing that. They can be a cash cow in generating
revenues we need to support other passenger rail service in the
Northeast corridor and in other parts of the country.
One of the good provisions in this legislation is bringing the
Northeast corridor into a state of good repair and authorizing money to
be spent for that purpose, for capital improvement. Amtrak for years
has been starved for capital. Along with providing pay raises for the
employees, that is first and foremost what we need to do.
A second major change in this legislation, for areas outside the
corridor, whether it is Tennessee or Colorado, in places where we have
densely populated corridors, where the State and local governments
would actually like to have high-speed or higher speed rail and run
trains, maybe just for 200 miles or 300 miles, and provide better
service such as they are doing out of Chicago and out of the west coast
where ridership is up 10, 20, 30, even 40 percent--States are involved
in that partnership with the Federal Government.
This legislation says if a Governor of a State--Senator Alexander and
I are former Governors. When we were Governors, if we wanted to enter
into an agreement with the Federal Government to build a new road or
highway, the Federal Government would provide 80 percent. If we wanted
to get improvements to our airports, the Federal Government provided 80
percent of the money and the State provide 20 percent. If we wanted
improvements with respect to transit service, the Federal Government
would provide 50 percent, and the State would provide half.
But a better solution, a more cost-effective solution, happens to be
intercity passenger rail, and the Federal Government provided zero and
the State had to provide all the money. Even if intercity passenger
rail was a smarter solution, it received no support from the Federal
Government. This bill changes that situation. It puts passenger rail
funding on the same level as airports and the same level as roads,
highways, and bridges.
It makes a whole lot of sense. If States believe they would rather
spend their 20 percent on airports, roads, highways, or bridges, they
can do that. But if they think rail makes sense as part of the
solution, they can do that as well with the same kind of incentive.
That is good.
There are a bunch of long-distance trains that don't make money; they
lose money, quite a bit of money. We have 16 long-distance trains in
this country. We direct the Federal Railroad Administration to take
five of those long-distance trains next year, five the year after that,
and five the year after that and scrub them, look at them, look at what
they are doing well and what they are doing badly and what we need to
do to reduce the amount of money we are spending to provide passenger
rail service in those areas.
I don't want to run trains if people don't want to ride them. That is
not what we should be about. The real secret to doing well with
passenger rail in this country and, frankly, other countries is to find
those densely populated corridors. There are a lot of them. A lot are
along the coast. Over half the people in our country live within 50
miles of one of our coasts. We have corridors up and down the east
coast from Maine to Florida, the gulf coast, the west coast from San
Diego up to the Canadian border, up to Vancouver, in fact.
Passenger rail can do a lot to help us there, particularly 300-, 400-
mile routes. People would just as soon ride a train on the Northeast
corridor than to drive or take an airplane.
Another thing that makes sense is these corridors in our country,
such as Chicago to St. Louis--that is a great corridor and there are
others like that corridor in other parts of the country where passenger
rail can be part of the solution. Those are the kinds of things we
wanted to work on, to build.
Finally, some are interested in competition for freight rail. If they
want to come in and run passenger rail service, under this legislation
they can compete if they want to. They are not barred from competing.
They have the opportunity to do that as well, and the legislation
encourages that kind of competition.
I will close with this comment. My hope is that the reauthorizing
legislation we passed today will be warmly received in the House. I
think it will be. I am encouraged that it will be.
Second, I hope it demonstrates to our colleagues, Republicans and
Democrats, House and Senate, that we are not going to be business as
usual at Amtrak. There is a new day and, frankly, a better business
strategy going forward. My hope is that confidence will be reflected in
greater appropriations bills, in the House and in the Senate, so Amtrak
cannot only make the kinds of investments in infrastructure for
Amtrak--rail, overhead wires, signaling systems, rolling stock--but
also
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to say to these folks who haven't had a pay raise in the last 7 years
or so: We are going to address that inequity too.
My hope is we can do all those, and the passage of this legislation
will help us in that direction, plus reduce a little bit of our
dependence on foreign oil, plus reduce the emission of bad stuff into
our air, reduce congestion at our airports and in our skies and on our
highways.
If we do all that we ought to declare victory. The thing I love most
about what happened here this week and last week on this bill is
Democrats and Republicans did it together; we actually worked together
and I applaud the efforts of Senator Lautenberg and Senator Lott and I
especially wish to say thanks to our leader, Senator Reid, for making
time on the schedule for us to have this debate, to follow through on
it; and my colleagues on both sides who participated in the debate and
offered reasonable amendments, some of which were adopted. This place
actually functioned the way I think people of this country expect us
to.
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