[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[Senate]
[Pages 28708-28735]
[From the U.S. 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.

[[Page 28709]]

  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 
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

[[Page 28710]]

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, 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

[[Page 28711]]

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 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 2 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

[[Page 28712]]

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 
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.

[[Page 28713]]

  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 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

[[Page 28714]]

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 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.

[[Page 28715]]

  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 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.

[[Page 28716]]




                       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 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

[[Page 28717]]

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 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

[[Page 28718]]

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.
  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.

[[Page 28719]]


  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.
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

[[Page 28720]]

     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).
       ``(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--

[[Page 28721]]

       (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.
       (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

[[Page 28722]]

     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.
       (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

[[Page 28723]]

     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;
       ``(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

[[Page 28724]]

     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;
       ``(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.

[[Page 28725]]

       ``(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, 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;

[[Page 28726]]

       (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--
       (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.

[[Page 28727]]

     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
       ``(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

[[Page 28728]]

     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.--
       ``(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

[[Page 28729]]

     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 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

[[Page 28730]]

     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).
       ``(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.

[[Page 28731]]

       ``(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 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;

[[Page 28732]]

       ``(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 28733]]

  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

[[Page 28734]]

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 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.

[[Page 28735]]

  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 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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