I 

108TH CONGRESS 

1ST SESSION H. R. 2726

To establish a national rail passenger transportation system, reauthorize 

Amtrak, improve security and service on Amtrak, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2003

Ms. CARSON of Indiana (for herself, Mr. MCINTYRE, Mr. FRANK of Massachusetts, Mr. DAVIS of Illinois, Mr. MCDERMOTT, Ms. JACKSON-LEE of 

Texas, Ms. NORTON, Mr. PAYNE, Ms. LEE, and Mr. OWENS) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL

To establish a national rail passenger transportation system, 

reauthorize Amtrak, improve security and service on Amtrak, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49; 

4 TABLE OF CONTENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘National Defense Rail Act’’. 

7 (b) AMENDMENT OF TITLE 49.—Except as otherwise 

8 expressly provided, whenever in this Act an amendment 
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1 or repeal is expressed in terms of an amendment to, or 

2 a repeal of, a section or other provision, the reference shall 

3 be considered to be made to a section or other provision 

4 of title 49, United States Code. 

5 (c) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows:

Sec. 1. Short title; amendment of title 49; table of contents. 

Sec. 2. Findings. 

TITLE I—RAIL TRANSPORTATION SECURITY 

Sec. 101. Rail transportation security risk assessment. 

Sec. 102. Rail security. 

Sec. 103. Study of foreign rail transport security programs. 

Sec. 104. Passenger, baggage, and cargo screening. 

Sec. 105. Certain personnel limitations not to apply. 

TITLE II—INTERSTATE RAILROAD PASSENGER HIGH-SPEED 

TRANSPORTATION SYSTEM 

Sec. 201. Interstate railroad passenger high-speed transportation policy. 

Sec. 202. High-speed rail corridor planning. 

Sec. 203. Implementation assistance. 

Sec. 204. Designated high-speed rail corridors. 

Sec. 205. Labor standards. 

Sec. 206. Railway-highway crossings in high-speed rail corridors. 

Sec. 207. Authorization of appropriations. 

TITLE III—NATIONAL RAILROAD PASSENGER CORPORATION 

Sec. 301. National railroad passenger transportation system defined. 

Sec. 302. Amtrak authorizations. 

Sec. 303. Additional Amtrak authorizations. 

Sec. 304. Northeast Corridor authorizations. 

Sec. 305. Long-distance trains. 

Sec. 306. Short-distance trains; State-supported routes. 

Sec. 307. Reestablishment of Northeast Corridor Safety Committee. 

Sec. 308. On-time performance. 

Sec. 309. Amtrak board of directors. 

Sec. 310. Establishment of financial accounting system for Amtrak operations 

by independent auditor. 

Sec. 311. Development of 5-year financial plan. 

Sec. 312. Revised reporting methodology required. 

Sec. 313. Appropriated amounts to be spent proportionately. 

Sec. 314. Independent auditor to establish criteria for Amtrak route and service 

planning decisions. 

Sec. 315. Northeast Corridor defined. 

TITLE IV—MISCELLANEOUS 
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Sec. 401. Rehabilitation, improvement, and security financing. 

Sec. 402. Rail passenger cooperative research program. 

Sec. 403. Conforming amendments to title 49 reflecting ICC Termination Act. 

Sec. 404. Applicability of reversion to Alaska Railroad right-of-way property.

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Financial investment in passenger rail in4 frastructure is critical, and Federal leadership is re5 quired to address the needs of a reliable, safe, secure 

6 passenger rail network, just as has been used in es7 tablishing the interstate highway system and the 

8 Federal aviation network. 

9 (2) Lack of investment and attention to the 

10 needs of passenger rail infrastructure has resulted in 

11 a weak passenger rail network, and has caused a 

12 strain on the capacity of other modes of transpor13 tation in many areas of the country. According to 

14 the Department of Transportation, in 1999 the cost 

15 of wasted time and extra fuel consumption due to 

16 delays on congested roads was estimated at 

17 $78,000,000,000. 

18 (3) Passenger rail is an integral part of the 

19 United States transportation system, and, as can be 

20 evidenced in the Northeast Corridor, relieves the 

21 pressures of congestion on highways and at airports, 

22 and creates a more balanced system of transpor23 tation alternatives. 
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1 (4) Passenger rail service has been a vital in2 strument in the transportation needs of our nation. 

3 For instance, during World War II, the privately 

4 owned, operated, and constructed railroad industry 

5 transported 90 percent of all defense freight, and 97 

6 percent of all defense personnel transported to 

7 points of embarkation for theaters of action. By the 

8 end of the war, railroads accounted for three quar9 ters of the share of the common carrier share of 

10 intercity traffic, with airplanes and buses sharing 

11 the remaining quarter of traffic. 

12 (5) Significant attention and Federal funding 

13 were required to construct the Eisenhower System of 

14 Interstate and Defense Highways. The Federal Aid 

15 Highway Act of 1956 established a Highway Trust 

16 Fund based upon Federal user taxes in order to fi17 nance up to 90 percent of the costs of the 

18 $25,000,000,000 highway construction plan. 

19 (6) Federal policies with respect to investment 

20 in aviation resulted in a strengthened aviation indus21 try and the rapid development of air passenger serv22 ice, and by the late 1960’s most rail companies were 

23 petitioning the government to discontinue passenger 

24 services because of losses. 
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1 (7) Amtrak was established in 1971 by the Rail 

2 Passenger Service Act to provide passenger rail serv3 ices in the United States as a public service; at the 

4 time of Amtrak’s formation, freight railroads were 

5 losing money on unprofitable passenger rail oper6 ations. Since 1971 Amtrak has received only 

7 $25,000,000,000 in public subsidies; during that pe8 riod, the United States invested over 

9 $570,000,000,000 on highways and aviation. 

10 (8) The Amtrak Reform and Accountability Act 

11 of 1997, and preceding statutes, resulted in creating 

12 conflicting missions for the National Railroad Pas13 senger Corporation of both serving a public function 

14 by operating unprofitable long-distance routes while 

15 also attempting to operate at a profit. This policy 

16 has also restricted Amtrak’s profit potential on the 

17 Northeast Corridor by limiting the capital expendi18 tures to help defray other costs. 

19 (9) Due to a lack of capital investment, the 

20 Northeast Corridor has accumulated a backlog of re21 pair needs, including life safety and security needs. 

22 Investment in the capital needs of the Northeast 

23 Corridor would result in capacity improvements

24 which would result in greater utilization of the exist25 ing infrastructure. 
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1 (10) The Department of Transportation Inspec2 tor General’s 2001 Assessment of Amtrak’s Finan3 cial Performance and Requirements (Report # CR4 2002-075) found that Amtrak’s lack of available 

5 capital has impeded its efforts to achieve financial 

6 goals. 

7 (11) In order to attempt to meet the mandate 

8 of the Amtrak Reform and Accountability Act of 

9 1997, Amtrak has been forced to delay capital im10 provement projects and other projects which would 

11 produce long-term benefits. 

12 (12) The Department of Transportation Inspec13 tor General’s 2001 Assessment of Amtrak’s Finan14 cial Performance and Requirements (Report #CR15 2002-075) found that Amtrak’s most profitable op16 erations are on the Northeast Corridor, where Fed17 eral investment in passenger rail infrastructure has 

18 been significantly higher than anywhere else in the 

19 country. 

20 (13) Federal investments in capital projects to 

21 support passenger rail in areas other than the 

22 Northeast Corridor would result in improved service 

23 and increase profitability. 

24 (14) The need for a balanced interstate and 

25 international transportation system that provides a 
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1 viable alternative to travel by private automobile or 

2 commercial aircraft is particularly evident after the 

3 events of September 11, 2001. 

4 (15) As a matter of national security, a strong 

5 passenger rail network would provide travelers an al6 ternative to highway and air travel, which could lead 

7 to reduced United States reliance on foreign oil im8 ports. 

9 (16) In fiscal year 2001, the United States 

10 spent less than 1 percent of all transportation modal 

11 spending on intercity passenger rail, and since 1998 

12 Amtrak has received only $2,800,000,000 of the 

13 $5,300,000,000 it has been authorized to receive by 

14 Congress. 

15 (17) Passenger rail in the United States has no 

16 stable funding source, in contrast to highways, avia17 tion, and transit. 

18 (18) Per capita spending on passenger rail is 

19 much higher in other countries than the United 

20 States and, in fact, the United States ranks behind 

21 other countries including Canada, Japan, France, 

22 Great Britain, Italy, Spain, Austria, Switzerland, 

23 Belgium, Sweden, Luxembourg, Denmark, Ireland, 

24 Norway, the Czech Republic, Finland, Slovakia, Por25 tugal, Poland, South Africa, Greece, and Estonia. 
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1 (19) The United States needs to engage in 

2 long-term planning to foster and address future pas3 senger transportation growth and show forethought 

4 regarding transportation solutions rather than be 

5 forced to act due to an impending crisis. 

6 (20) It is in the national interest to preserve 

7 passenger rail service in the United States and to 

8 maintain the solvency of the National Railroad Pas9 senger Corporation. 

10 (21) Long-term planning and support for pas11 senger rail will help offset the emerging problems 

12 created by transportation congestion, and contribute 

13 to a cleaner and more environmentally friendly 

14 transportation system. 

15 (22) A comprehensive reevaluation of our Na16 tion’s rail passenger policy is required and a clearly 

17 defined role for Amtrak and a connected rail pas18 senger network must be established. 

19 (23) The Federal Government must take the 

20 primary responsibility for developing national rail21 road passenger transportation infrastructure, and 

22 help ensure that it functions as an efficient network. 

23 Privatization of the rail passenger industry in Great 

24 Britain has been disastrous and passenger service 

25 has suffered overall. 
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1 (24) The nation should be afforded the oppor2 tunity to receive safe, efficient, and cost-effective rail 

3 passenger services, taking into account all benefits 

4 to the nation as a whole. 

5 TITLE I—RAIL 

6 TRANSPORTATION SECURITY 

7 SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESS8 MENT. 

9 (a) IN GENERAL.—

10 (1) ASSESSMENT.—The Secretary of Homeland 

11 Security, in consultation with the Secretary of 

12 Transportation, shall assess the security risks asso13 ciated with freight and intercity passenger rail 

14 transportation and develop prioritized recommenda15 tions for—

16 (A) improving the security of rail infra17 structure and facilities, terminals, tunnels, rail 

18 bridges, rail switching areas, and other areas 

19 identified by the Secretary of Homeland Secu20 rity as posing significant rail-related risks to 

21 public safety and the movement of interstate 

22 commerce, taking into account the impact that 

23 any proposed security measure might have on 

24 the provision of rail service; 
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1 (B) deploying chemical and biological 

2 weapon detection equipment; 

3 (C) training employees in terrorism re4 sponse activities; and 

5 (D) identifying the immediate and long6 term economic impact of measures that may be 

7 required to address those risks. 

8 (2) EXISTING PRIVATE AND PUBLIC SECTOR

9 EFFORTS.—The assessment shall include a review of 

10 any actions already taken or prospective actions nec11 essary to address identified security issues by both 

12 public and private entities. 

13 (3) RAILROAD CROSSING DELAYS.—The Sec14 retary of Homeland Security shall include in the as15 sessment an analysis of the risks to public safety 

16 and to the security of rail transportation that are as17 sociated with long delays in the movement of trains 

18 that have stopped on railroad grade crossings of 

19 highways, streets, and other roads for motor vehicle 

20 traffic, especially in major metropolitan areas. The 

21 Secretary of Homeland Security shall include in the 

22 recommendations developed under paragraph (1)

23 recommended actions for preventing such delays and 

24 reducing the risks identified in the analysis. 
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1 (b) CONSULTATION; USE OF EXISTING RE2 SOURCES.—In carrying out the assessment required by 

3 subsection (a), the Secretary of Homeland Security shall 

4 consult with rail management, rail labor, facility owners 

5 and operators, and public safety officials (including offi6 cials responsible for responding to emergencies). 

7 (c) REPORT.—

8 (1) CONTENTS.—Within 180 days after the 

9 date of enactment of this Act, the Secretary of 

10 Homeland Security shall transmit to the Senate 

11 Committee on Commerce, Science, and Transpor12 tation and the House of Representatives Committee 

13 on Transportation and Infrastructure a report, with14 out compromising national security, containing the 

15 assessment and prioritized recommendations re16 quired by subsection (a). 

17 (2) FORMAT.—The Secretary of Homeland Se18 curity may submit the report in both classified and 

19 redacted formats if the Secretary of Homeland Secu20 rity determines that such action is appropriate or 

21 necessary. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary of 

24 Homeland Security $515,000,000 for fiscal year 2004 to 

25 carry out this section, implement the measures contained 
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1 in the Secretary’s prioritized recommendations, and award 

2 grants for purposes identified in the assessment in sub3 section (a), such sums to remain available until expended. 

4 SEC. 102. RAIL SECURITY. 

5 (a) RAIL POLICE OFFICERS.—Section 28101 is 

6 amended by striking ‘‘the rail carrier’’ each place it ap7 pears and inserting ‘‘any rail carrier’’. 

8 (b) REVIEW OF RAIL REGULATIONS.—Within 180 

9 days after the date of enactment of this Act, the Secretary 

10 of Transportation, in consultation with the Department of 

11 Homeland Security, shall review existing rail regulations 

12 of the Department of Transportation for the purpose of 

13 identifying areas in which those regulations need to be re14 vised to improve rail safety and security. 

15 SEC. 103. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 

16 PROGRAMS. 

17 (a) REQUIREMENT FOR STUDY.—Not later than De18 cember 1, 2004, the Comptroller General shall carry out 

19 a study of the rail passenger transportation security pro20 grams that are carried out for rail transportation systems 

21 in Japan, member nations of the European Union, and 

22 other foreign countries. 

23 (b) PURPOSE.—The purpose of the study shall be to 

24 identify effective rail transportation security measures 

25 that are in use in foreign rail transportation systems, in-
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1 cluding innovative measures and screening procedures de2 termined effective. 

3 (c) REPORT.—The Comptroller General shall submit 

4 a report on the results of the study to Congress. The re5 port shall include the Comptroller General’s assessment 

6 regarding whether it is feasible to implement within the 

7 United States any of the same or similar security meas8 ures that are determined effective under the study. 

9 SEC. 104. PASSENGER, BAGGAGE, AND CARGO SCREENING. 

10 (a) REQUIREMENT FOR STUDY AND REPORT.—The 

11 Secretary of Homeland Security shall— 

12 (1) study the cost and feasibility of requiring 

13 security screening for all passengers, baggage, and 

14 mail, express, and other cargo on Amtrak trains; 

15 and 

16 (2) report the results of the study, together 

17 with any recommendations that the Secretary may 

18 have for implementing a rail security screening pro19 gram, to the Committee on Commerce, Science, and 

20 Transportation of the Senate and the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives not later than one year after the 

23 date of enactment of this Act. 

24 (b) PILOT PROGRAM.—As part of the study under 

25 subsection (a), the Secretary shall conduct a pilot program 
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1 of random security screening of passengers and baggage 

2 at 5 of the 10 busiest passenger rail stations served by 

3 Amtrak (measured by the average number of boardings 

4 of Amtrak passenger trains) and at up to five additional 

5 rail stations served by Amtrak that are selected by the 

6 Secretary. In selecting the additional train stations the 

7 Secretary shall attempt to achieve a distribution of partici8 pating stations in terms of geographic location and size. 

9 SEC. 105. CERTAIN PERSONNEL LIMITATIONS NOT TO 

10 APPLY. 

11 Any statutory limitation on the number of employees 

12 in the Transportation Security Administration of the De13 partment of Transportation, before or after its transfer 

14 to the Department of Homeland Security, does not apply 

15 to the extent that any such employees are responsible for 

16 implementing the provisions of this title. 

17 TITLE II—INTERSTATE RAIL18 ROAD PASSENGER HIGH19 SPEED TRANSPORTATION 

20 SYSTEM 

21 SEC. 201. INTERSTATE RAILROAD PASSENGER HIGH-SPEED 

22 TRANSPORTATION POLICY. 

23 (a) IN GENERAL.—Chapter 261 is amended by in24 serting before section 26101 the following:
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1 ‘‘§ 26100. Policy 

2 ‘‘(a) IN GENERAL.—The Congress declares that it is 

3 the policy of the United States that designated high-speed 

4 railroad passenger transportation corridors are the build5 ing blocks of an interconnected interstate railroad pas6 senger system that serves the entire Nation. 

7 ‘‘(b) SECRETARY REQUIRED TO ESTABLISH NA8 TIONAL HIGH-SPEED GROUND TRANSPORTATION POL9 ICY.—The Secretary of Transportation shall establish the 

10 national high-speed ground transportation policy required 

11 by section 309(e)(1) of this title no later than December 

12 31, 2003.’’. 

13 (b) CONFORMING AMENDMENTS.—

14 (1) The chapter analysis for chapter 261 is 

15 amended by inserting before the item relating to sec16 tion 26101 the following:

‘‘26100. Policy’’.

17 (2) Section 309(e)(1) is amended by striking 

18 ‘‘Within 12 months after the submission of the 

19 study required by subsection (d),’’ and inserting ‘‘No 

20 later than December 31, 2003,’’. 

21 SEC. 202. HIGH-SPEED RAIL CORRIDOR PLANNING. 

22 (a) IN GENERAL.—Section 26101(a) is amended to 

23 read as follows: 

24 ‘‘(a) PLANNING.—
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1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation shall provide planning assistance to States or 

3 group of States and other public agencies promoting 

4 the development of high-speed rail corridors des5 ignated by the Secretary under section 104(d) of 

6 title 23. 

7 ‘‘(2) SECRETARY MAY PROVIDE DIRECT OR FI8 NANCIAL ASSISTANCE.—The Secretary may provide 

9 planning assistance under paragraph (1) directly or 

10 by providing financial assistance to a public agency 

11 or group of public agencies to undertake planning 

12 activities approved by the Secretary. 

13 ‘‘(3) 100 PERCENT FEDERAL FUNDING.—The 

14 Secretary may permit, but may not require, a por15 tion of the publicly financed costs associated with el16 igible activities to come from non-Federal sources. 

17 ‘‘(4) PRIORITIES TO CHICAGO, ATLANTA, DAL18 LAS/FORT WORTH, PORTLAND, AND ORLANDO.—In 

19 determining projects to be undertaken pursuant to 

20 this subsection, the Secretary shall give the highest 

21 priorities to undertaking planning in the vicinity of 

22 Union Station in Chicago, Illinois, in metropolitan 

23 Atlanta, Georgia, in the Dallas/Fort Worth, Texas, 

24 area, in the Portland, Oregon, area, and on the Or25 lando Corridor in Florida.’’. 
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1 (b) CONFORMING AND OTHER AMENDMENTS TO

2 SECTION 26101.—Section 26101 is further amended—

3 (1) by striking subsection (c)(2) and inserting 

4 the following: 

5 ‘‘(2) the extent to which the proposed planning 

6 focuses on high-speed rail systems, giving a priority 

7 to systems which will achieve sustained speeds of 

8 125 miles per hour or greater and projects involving 

9 dedicated rail passenger rights-of-way;’’; 

10 (2) by inserting ‘‘and’’ after the semicolon in 

11 subsection (c)(12); 

12 (3) by striking ‘‘completed; and’’ in subsection 

13 (c)(13) and inserting ‘‘completed.’’; and 

14 (4) by striking subsection (c)(14). 

15 (c) CONFORMING AMENDMENT.—Section 

16 26105(2)(A) is amended by striking ‘‘more than 125 miles 

17 per hour;’’ and inserting ‘‘90 miles per hour or more;’’. 

18 (d) FINANCIAL ASSISTANCE TO INCLUDE LOANS

19 AND LOAN GUARANTEES.—Section 26105(1) is amended 

20 by inserting ‘‘loans, loan guarantees,’’ after ‘‘contracts,’’. 

21 SEC. 203. IMPLEMENTATION ASSISTANCE. 

22 (a) IN GENERAL.—Chapter 261 is amended by in23 serting after section 26101 the following: 

24 ‘‘§ 26101A. Implementation of corridor plans 

25 ‘‘(a) IMPLEMENTATION ASSISTANCE.—
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1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation shall provide implementation assistance to 

3 States or groups of States and other public agencies 

4 promoting the development of high-speed rail cor5 ridors designated by the Secretary under section 

6 104(d) of title 23. The Secretary shall establish an 

7 application and qualification process and, before pro8 viding assistance under this section, make a deter9 mination on the record that the applicant is quali10 fied and eligible for assistance under this section. 

11 ‘‘(2) SECRETARY MAY PROVIDE DIRECT OR FI12 NANCIAL ASSISTANCE.—The Secretary may provide 

13 implementation assistance under paragraph (1) di14 rectly or by providing financial assistance to a public 

15 agency or group of public agencies to undertake im16 plementation activities approved by the Secretary. 

17 ‘‘(3) 100 PERCENT FEDERAL SHARE.—The Sec18 retary may permit, but may not require, a portion 

19 of the publicly financed costs associated with eligible 

20 activities to come from non-Federal sources. 

21 ‘‘(4) CONTRIBUTION OF LAND.—Notwith22 standing paragraph (3), the Secretary may accept 

23 land contributed by a State for right-of-way, without 

24 regard to whether the State acquired the land di25 rectly or indirectly through the use of Federal funds, 
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1 including transfers from the Highway Trust Fund 

2 under section 9503 of the Internal Revenue Code of 

3 1986. 

4 ‘‘(5) PRIORITIES TO CHICAGO, ATLANTA, DAL5 LAS/FORT WORTH, PORTLAND, AND ORLANDO.—In 

6 determining projects to be undertaken pursuant to 

7 this subsection, the Secretary shall give the highest 

8 priorities to undertaking implementation assistance 

9 in the vicinity of Union Station in Chicago, Illinois, 

10 in metropolitan Atlanta, Georgia, in the Dallas/Fort 

11 Worth, Texas, area, in the Portland, Oregon, area, 

12 and on the Orlando Corridor in Florida. 

13 ‘‘(6) SPECIAL TRANSPORTATION CIR14 CUMSTANCES.—In carrying out this section, the Sec15 retary shall allocate an appropriate portion of the 

16 amounts available for implementation assistance to 

17 providing appropriate related assistance in any State 

18 the rail transportation system of which—

19 ‘‘(A) is not physically connected to rail sys20 tems in the continental United States; and 

21 ‘‘(B) may not otherwise qualify for high22 speed rail implementation assistance due to the 

23 constraints imposed on the railway infrastruc24 ture in that State due to the unique character25 istics of the geography of that State or other 
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1 relevant considerations, as determined by the 

2 Secretary. 

3 ‘‘(b) ELIGIBLE IMPLEMENTATION ACTIVITIES.—The 

4 following activities are eligible for implementation assist5 ance under subsection (a): 

6 ‘‘(1) Security planning and the acquisition of 

7 security and emergency response equipment. 

8 ‘‘(2) Operating expenses. 

9 ‘‘(3) Infrastructure acquisition and construction 

10 of track and facilities. 

11 ‘‘(4) Highway-rail grade crossing eliminations 

12 and improvements. 

13 ‘‘(5) Acquisition of rights-of-way, locomotives, 

14 rolling stock, track, and signal equipment.

15 ‘‘(c) CRITERIA FOR DETERMINING ASSISTANCE FOR

16 IMPLEMENTATION ACTIVITIES.—The Secretary, in select17 ing recipients of assistance under subsection (a), shall—

18 ‘‘(1) encourage the use of positive train control 

19 technologies; 

20 ‘‘(2) require that any project meet any existing 

21 safety regulations, and give preference to any project 

22 determined by the Secretary to have particularly 

23 high levels of safety; 

24 ‘‘(3) encourage intermodal connectivity by locat25 ing train stations in or near airports, bus terminals, 
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1 subway stations, ferry ports, and other modes of 

2 transportation; 

3 ‘‘(4) ensure a general regional balance in pro4 viding such assistance and avoid the concentration 

5 of a disproportionate dedication of available financial 

6 assistance resources to a single project or region of 

7 the country; and 

8 ‘‘(5) ensure that any project is compatible with, 

9 and operated in conformance with, plans developed 

10 pursuant to the requirements of sections 134 and 

11 135 of title 23, United States Code. 

12 ‘‘(d) OPERATORS DEEMED RAIL CARRIERS.—A per13 son that conducts rail operations funded or otherwise re14 ceiving assistance under this section is deemed to be a rail 

15 carrier for purposes of part A of subtitle IV, when con16 ducting such operations. 

17 ‘‘(e) DOMESTIC BUYING PREFERENCES.—

18 ‘‘(1) IN GENERAL.—In carrying out a project 

19 assisted under this section, a recipient shall buy 

20 only— 

21 ‘‘(A) unmanufactured articles, material, 

22 and supplies mined or produced in the United 

23 States; or 

24 ‘‘(B) manufactured articles, material, and 

25 supplies manufactured in the United States 
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1 substantially from articles, material, and sup2 plies mined, produced, or manufactured in the 

3 United States. 

4 ‘‘(2) DE MINIMIS AMOUNT.—Paragraph (1) of 

5 this subsection applies only when the cost of those 

6 articles, material, or supplies bought is at least 

7 $1,000,000. 

8 ‘‘(3) EXEMPTIONS.—On application of a recipi9 ent, the Secretary of Transportation may exempt a 

10 recipient from the requirements of this subsection if 

11 the Secretary decides that, for particular articles, 

12 material, or supplies— 

13 ‘‘(A) the requirements of paragraph (1) of 

14 this subsection are inconsistent with the public 

15 interest; 

16 ‘‘(B) the cost of imposing those require17 ments is unreasonable; or 

18 ‘‘(C) the articles, material, or supplies, or 

19 the articles, material, or supplies from which 

20 they are manufactured, are not mined, pro21 duced, or manufactured in the United States in 

22 sufficient and reasonably available commercial 

23 quantities, or if so mined, produced, or manu24 factured, are not of a satisfactory quality. 
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1 ‘‘(4) UNITED STATES DEFINED.—In this sub2 section, the term ‘the United States’ means the 

3 States, Commonwealths, territories, and possessions 

4 of the United States and the District of Columbia. 

5 ‘‘(f) SECTION DOES NOT APPLY TO CERTAIN RAIL

6 OPERATIONS.—Nothing in this section applies to—

7 ‘‘(1) commuter rail passenger transportation 

8 (as defined in section 24102(4)) operations of a 

9 State or local government authority (as those terms 

10 are defined in section 5302) eligible to receive finan11 cial assistance under section 5307, or to its con12 tractor performing services in connection with com13 muter rail passenger operations (as so defined); or 

14 ‘‘(2) the Alaska Railroad or its contractors.’’. 

15 (b) RULEMAKING REQUIRED.—Within 90 days after 

16 the date of enactment of this Act, the Secretary of Trans17 portation shall initiate a rulemaking to create an applica18 tion and qualification procedure for providing high-speed 

19 rail corridor implementation assistance under section 

20 26101A of title 49, United States Code. 

21 (c) PROCEDURES FOR GRANT AWARD.—Within 90 

22 days after the date of enactment of this Act, the Secretary 

23 of Transportation shall initiate a rulemaking to create 

24 procedures for the awarding of implementation assistance 

25 under section 26101A of title 49, United States Code. The 
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1 procedures shall provide for the execution of a full funding 

2 grant agreement between the applicant and the govern3 ment. 

4 (d) COMPETITIVE BIDDING ON HIGH-SPEED RAIL

5 ROUTES.—The Secretary of Transportation shall not pro6 vide funding to a State or group of States and other public 

7 agencies promoting a high-speed rail project under the 

8 provisions of section 26101A of title 49, United States 

9 Code, unless the State or group has provided for competi10 tive bidding for the project in accordance with the Uni11 form Administrative Requirements for Grants and Cooper12 ative Agreements to State and Local Governments (49 

13 CFR section 18.36). Within 180 days after the date of 

14 enactment of this Act, the Secretary, in consultation with 

15 the States or groups of States and other public agencies, 

16 shall issue criteria for the services to which the competitive 

17 bidding required by this subsection applies. A train oper18 ator operating service with assistance provided under sec19 tion 26101A of title 49, United States Code, is deemed 

20 to be a rail carrier for purposes of part A of subtitle IV 

21 of title 49, United States Code, when operating such serv22 ice. 

23 (e) CONFORMING AMENDMENT.—The chapter anal24 ysis for chapter 261 is amended by inserting after the item 

25 relating to section 26101 the following:

‘‘26101A. Implementation of corridor plans.’’.
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1 SEC. 204. DESIGNATED HIGH-SPEED RAIL CORRIDORS. 

2 (a) IN GENERAL.—The Secretary of Transportation 

3 shall give priority in allocating funds authorized by section 

4 26104 of title 49, United States Code, to designated high5 speed rail corridors. 

6 (b) DESIGNATED HIGH-SPEED RAIL CORRIDORS.—

7 For purposes of subsection (a), the following shall be con8 sidered to be designated high-speed rail corridors: 

9 (1) California Corridor connecting the San 

10 Francisco Bay area and Sacramento to Los Angeles 

11 and San Diego. 

12 (2) Chicago Hub Corridor Network with the fol13 lowing spokes:

14 (A) Chicago to Detroit. 

15 (B) Chicago to Minneapolis/St. Paul, Min16 nesota, via Milwaukee, Wisconsin. 

17 (C) Chicago to Kansas City, Missouri, via 

18 Springfield, Illinois, and St. Louis, Missouri. 

19 (D) Chicago to Louisville, Kentucky, via 

20 Indianapolis, Indiana, and Cincinnati, Ohio. 

21 (E) Chicago to Cleveland, Ohio, via Toledo, 

22 Ohio. 

23 (F) Cleveland, Ohio, to Cincinnati, Ohio, 

24 via Columbus, Ohio. 
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•HR 2726 IH 

1 (3) Empire State Corridor from New York City, 

2 New York, through Albany, New York, to Buffalo, 

3 New York. 

4 (4) Florida High-Speed Rail Corridor from 

5 Tampa through Orlando to Miami. 

6 (5) Gulf Coast Corridor from Houston, Texas, 

7 through New Orleans, Louisiana, to Mobile, Ala8 bama, with a branch from New Orleans, through 

9 Meridian, Mississippi, and Birmingham, Alabama, to 

10 Atlanta, Georgia. 

11 (6) Keystone Corridor from Philadelphia, Penn12 sylvania, through Harrisburg, Pennsylvania, to 

13 Pittsburgh, Pennsylvania. 

14 (7) Northeast Corridor from Washington, Dis15 trict of Columbia, through New York City, New 

16 York, New Haven, Connecticut, and Providence, 

17 Rhode Island, to Boston, Massachusetts, with a 

18 branch from New Haven, Connecticut, to Spring19 field, Massachusetts. 

20 (8) New England Corridor from Boston, Massa21 chusetts, to Portland and Auburn, Maine, and from 

22 Boston, Massachusetts, through Concord, New 

23 Hampshire, and Montpelier, Vermont, to Montreal, 

24 Quebec. 
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•HR 2726 IH 

1 (9) Pacific Northwest Corridor from Eugene, 

2 Oregon, through Portland, Oregon, and Seattle, 

3 Washington, to Vancouver, British Columbia. 

4 (10) South Central Corridor from San Antonio, 

5 Texas, through Dallas / Fort Worth to Little Rock, 

6 Arkansas, with a branch from Dallas / Fort Worth 

7 through Oklahoma City, Oklahoma, to Tulsa, Okla8 homa. 

9 (11) Southeast Corridor from Washington, Dis10 trict of Columbia, through Richmond, Virginia, Ra11 leigh, North Carolina, Columbia, South Carolina, 

12 Savannah, Georgia, and Jesup, Georgia, to Jackson13 ville, Florida, with—

14 (A) a branch from Raleigh, North Caro15 lina, through Charlotte, North Carolina, and 

16 Greenville, South Carolina, to Atlanta, Georgia; 

17 a branch from Richmond, to Hampton Roads /

18 Norfolk, Virginia; 

19 (B) a branch from Charlotte, North Caro20 lina, to Columbia, South Carolina, to Charles21 ton, South Carolina; 

22 (C) a connecting route from Atlanta, Geor23 gia, to Jesup, Georgia; 

24 (D) a connecting route from Atlanta, Geor25 gia, to Charleston, South Carolina; and 
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•HR 2726 IH 

1 (E) a branch from Raleigh, North Caro2 lina, through Fayetteville, North Carolina, and 

3 Florence, South Carolina, to Charleston, South 

4 Carolina, and Savannah, Georgia, with a con5 necting route from Florence, South Carolina, to 

6 Myrtle Beach, South Carolina. 

7 (12) Southwest Corridor from Los Angeles, 

8 California, to Las Vegas, Nevada. 

9 (c) OTHER HIGH-SPEED RAIL CORRIDORS.—For 

10 purposes of this section, subsection (b)—

11 (1) does not limit the term ‘‘designated high12 speed rail corridor’’ to those corridors described in 

13 subsection (b); and 

14 (2) does not limit the Secretary of Transpor15 tation’s authority—

16 (A) to designate additional high-speed rail 

17 corridors; or 

18 (B) to terminate the designation of any 

19 high-speed rail corridor. 

20 SEC. 205. LABOR STANDARDS. 

21 (a) CURRENT EMPLOYEE PROTECTIONS.—Nothing 

22 in this title, or in any amendment made by this title, shall 

23 affect the level of protection provided to freight railroad 

24 employees, employees of the National Passenger Railroad 
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•HR 2726 IH 

1 Corporation, and mass transportation employees as it ex2 isted on the day before the date of enactment of this Act. 

3 (b) LABOR STANDARDS.—

4 (1) PREVAILING WAGES.—The Secretary of 

5 Transportation—

6 (A) shall ensure that laborers and mechan7 ics employed by contractors and subcontractors 

8 in construction work financed in whole or in 

9 part by funds authorized by this title or by any 

10 amendment made by this title will be paid 

11 wages not less than those prevailing on similar 

12 construction in the locality, as determined by 

13 the Secretary of Labor under the Act of March 

14 3, 1931 (known as the Davis-Bacon Act; 40 

15 U.S.C. 276a et seq.); and 

16 (B) may make such funds available with 

17 respect to construction work only after being 

18 assured that required labor standards will be 

19 maintained on the construction work. 

20 (2) WAGE RATES.—Wage rates in a collective 

21 bargaining agreement negotiated under the Railway 

22 Labor Act (45 U.S.C. 151 et seq.) are deemed for 

23 purposes of this subsection to comply with the Act 

24 of March 3, 1931 (known as the Davis-Bacon Act; 

25 40 U.S.C. 276a et seq.).
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•HR 2726 IH 

1 (3) EMPLOYEE PROTECTION.—The Secretary of 

2 Transportation shall require as a condition of any 

3 project financed in whole or in part by funds author4 ized by this title that the project be conducted in a 

5 manner that provides a fair arrangement at least as 

6 protective of the interests of employees who are af7 fected by the project so funded as the terms imposed 

8 under arrangements reached under section 141 of 

9 the Amtrak Reform and Accountability Act of 1997 

10 (49 U.S.C. 24706 note).

11 SEC. 206. RAILWAY-HIGHWAY CROSSINGS IN HIGH-SPEED 

12 RAIL CORRIDORS. 

13 (a) IN GENERAL.—Except as otherwise provided in 

14 this section, the entire cost of construction of projects for 

15 the elimination of hazards of railway-highway crossings in 

16 high-speed rail corridors designated under section 204(b), 

17 including the separation or protection of grades at cross18 ings, the reconstruction of existing railroad grade crossing 

19 structures, and the relocation of highways to eliminate 

20 grade crossings, may be paid from sums described in sub21 section (j). 

22 (b) CLASSIFICATION OF PROJECTS.—The Secretary 

23 may classify the various types of projects involved in the 

24 elimination of hazards of high-speed rail corridor railway25 highway crossings, and may set for each such classifica-
31

•HR 2726 IH 

1 tion a percentage of the costs of construction which shall 

2 be deemed to represent the net benefit to the railroad or 

3 railroads for the purpose of determining the railroad’s 

4 share of the cost of construction. The percentage so deter5 mined shall in no case exceed 10 per cent of such costs. 

6 The Secretary shall determine the appropriate classifica7 tion of each project. 

8 (c) LIABILITY OF RAILROAD.—Any railroad involved 

9 in a project for the elimination of hazards of railway-high10 way crossings paid for in whole or in part from sums made 

11 available under this section shall be liable to the United 

12 States for the net benefit to the railroad determined under 

13 the classification of such project made under subsection 

14 (b). That liability to the United States may be discharged 

15 by direct payment to the State transportation department 

16 of the State in which the project is located, if the State 

17 uses the payment for that project. The payment may con18 sist in whole or in part of materials and labor furnished 

19 by the railroad in connection with the construction of the 

20 project. If any such railroad fails to discharge such liabil21 ity within a 6-month period after completion of the 

22 project, the Secretary shall request the Attorney General 

23 to institute proceedings against such railroad for the re24 covery of the amount for which it is liable under this sub25 section. The Attorney General is authorized to bring such 
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•HR 2726 IH 

1 proceedings on behalf of the United States, in the appro2 priate district court of the United States, and the United 

3 States shall be entitled in such proceedings to recover such 

4 sums as it is considered and adjudged by the court that 

5 such railroad is liable for in the premises. 

6 (d) SURVEY AND SCHEDULE OF PROJECTS.—For 

7 purposes of this section, each State shall utilize the survey 

8 it is required to conduct and maintain under section 130 

9 of title 23, United States Code, to identify those high10 speed rail corridor railway-highway crossings that may re11 quire separation, relocation, or protective devices. 

12 (e) FUNDS FOR PROTECTIVE DEVICES.—The Sec13 retary shall give priority under this section to the elimi14 nation of high-speed rail corridor railway-highway grade 

15 crossings, but shall make funds authorized for obligation 

16 or expenditure under this section available for the installa17 tion of protective devices at high-speed rail corridor rail18 way-highway crossings where appropriate. 

19 (f) ANNUAL REPORT.—The Secretary shall report to 

20 the Senate Committee on Commerce, Science, and Trans21 portation and the House of Representatives Committee on 

22 Transportation and Infrastructure not later than Decem23 ber 30 of each year on the progress being made to imple24 ment the railway-highway crossings program authorized 

25 by this section and the effectiveness of such improvements. 
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•HR 2726 IH 

1 Each report shall contain an assessment of the costs of 

2 the various treatments employed and subsequent accident 

3 experience at improved locations. The report shall in4 clude—

5 (1) the number of projects undertaken, their 

6 distribution by cost range, road system, nature of 

7 treatment, and subsequent accident experience at 

8 improved locations; 

9 (2) an analysis and evaluation of the program 

10 activities in each State, including identification of 

11 any State found not to be in compliance with the 

12 schedule of improvements required by subsection (d); 

13 and 

14 (3) recommendations for future implementation 

15 of the railway-highway crossings program under this 

16 section and section 130 of title 23, United States 

17 Code. 

18 (g) USE OF FUNDS FOR MATCHING.—Funds author19 ized to be appropriated to carry out this section may be 

20 used to provide a local government with funds to be used 

21 on a matching basis when State funds are available which 

22 may only be spent when the local government produces 

23 matching funds for the improvement of high-speed rail24 way-highway crossings. 
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•HR 2726 IH 

1 (h) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING

2 CLOSURES.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of this section and subject to paragraphs 

5 (2) and (3), the Secretary may make incentive pay6 ments to a local government upon the permanent 

7 closure by such government of public at-grade high8 speed rail corridor railway-highway crossings under 

9 its jurisdiction. 

10 (2) PAYMENTS BY RAILROADS.—The Secretary 

11 may not make an incentive payment under para12 graph (1) to a local government with respect to the 

13 closure of a crossing unless the railroad owning or 

14 operating the tracks on which the crossing is located 

15 makes a payment to the local government with re16 spect to the closure.

17 (3) AMOUNT OF FEDERAL INCENTIVE PAY18 MENT.—The amount of the incentive payment pay19 able to a local government under paragraph (1) with 

20 respect to a crossing may not exceed the lesser of—

21 (A) the amount of the payment paid to the 

22 government with respect to the crossing by the 

23 railroad concerned under paragraph (2); or 

24 (B) $7,500. 
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•HR 2726 IH 

1 (i) COORDINATION WITH TITLE 23 PROGRAM.—In 

2 carrying out this section, the Secretary shall coordinate 

3 the administration of this section with the program estab4 lished by section 130 of title 23, United States Code, in 

5 order to avoid duplication of effort and to ensure the effec6 tiveness of both programs. 

7 (j) FUNDING.—Not less than 10 percent of the 

8 amounts appropriated for each fiscal year to carry out sec9 tion 26101A shall be obligated or expended to carry out 

10 this section. 

11 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 26104 is amended to read as follows:

13 ‘‘§ 26104. Authorization of appropriations 

14 ‘‘(a) FISCAL YEARS 2004 THROUGH 2008.—There 

15 are authorized to be appropriated to the Secretary for 

16 each of fiscal years 2004 through 2008—

17 ‘‘(1) $25,000,000 for carrying out section 

18 26101; 

19 ‘‘(2) $1,500,000,000 for carrying out section 

20 26101A, including amounts set aside under section 

21 206(j) of the National Defense Rail Act to carry out 

22 section 206 of that Act; and 

23 ‘‘(3) $25,000,000 for carrying out section 

24 26102. 
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•HR 2726 IH 

1 ‘‘(b) FUNDS TO REMAIN AVAILABLE.—Funds made 

2 available under this section shall remain available until ex3 pended. 

4 ‘‘(c) SPECIAL RULE.—Except as specifically provided 

5 in section 26101, 26101A, or 26102, no amount author6 ized by subsection (a) may be used for obligation or ex7 penditure on the main line of the Northeast Corridor be8 tween Boston, Massachusetts, and Washington, D.C., 

9 while that segment is receiving Federal funds for capital 

10 or operating expenses.’’. 

11 TITLE III—NATIONAL RAILROAD 

12 PASSENGER CORPORATION 

13 SEC. 301. NATIONAL RAILROAD PASSENGER TRANSPOR14 TATION SYSTEM DEFINED. 

15 (a) IN GENERAL.—Section 24102 is amended—

16 (1) by striking paragraph (2); 

17 (2) by redesignating paragraphs (3), (4), and 

18 (5) as paragraphs (2), (3), and (4), respectively; and 

19 (3) by inserting after paragraph (4) as so re20 designated the following: 

21 ‘‘(5) ‘national rail passenger transportation sys22 tem’ means—

23 ‘‘(A) the main line of the Northeast Cor24 ridor between Boston, Massachusetts, and 

25 Washington, D.C.; 
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•HR 2726 IH 

1 ‘‘(B) rail corridors that have been des2 ignated by the Secretary of Transportation as 

3 high-speed corridors, but only after they have 

4 been improved to permit operation of high5 speed service; 

6 ‘‘(C) long-distance routes of more than 

7 750 miles between endpoints operated by Am8 trak as of the date of enactment of the Na9 tional Defense Rail Act; and 

10 ‘‘(D) short-distance corridors or routes op11 erated by Amtrak as of the date of enactment 

12 of the National Defense Rail Act, unless discon13 tinued by Amtrak.’’. 

14 (b) AMTRAK ROUTES WITH STATE FUNDING.—

15 (1) IN GENERAL.—Chapter 247 is amended by 

16 inserting after section 24701 the following: 

17 ‘‘§ 24702. Transportation requested by States, au18 thorities, and other persons 

19 ‘‘(a) CONTRACTS FOR TRANSPORTATION.—Amtrak 

20 and a State, a regional or local authority, or another per21 son may enter into a contract for Amtrak to operate an 

22 intercity rail service or route not included in the national 

23 rail passenger transportation system upon such terms as 

24 the parties thereto may agree. 
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•HR 2726 IH 

1 ‘‘(b) DISCONTINUANCE.—Upon termination of a con2 tract entered into under this section, or the cessation of 

3 financial support under such a contract, Amtrak may dis4 continue such service or route, notwithstanding any other 

5 provision of law.’’. 

6 (2) CONFORMING AMENDMENT.—The chapter 

7 analysis for chapter 247 is amended by inserting 

8 after the item relating to section 24701 the fol9 lowing:

‘‘24702. Transportation requested by States, authorities, and other persons.’’.

10 (c) AMTRAK TO CONTINUE TO PROVIDE NON HIGH11 SPEED SERVICES.—Nothing in this Act is intended to pre12 clude Amtrak from restoring, improving, or developing 

13 non-high-speed intercity rail passenger transportation. 

14 SEC. 302. AMTRAK AUTHORIZATIONS. 

15 (a) REPEAL OF SELF-SUFFICIENCY REQUIREMENTS. 

16 (1) TITLE 49 AMENDMENTS.—Chapter 241 is 

17 amended—

18 (A) by striking the last sentence of section 

19 24101(d); and 

20 (B) by striking the last sentence of section 

21 24104(a). 

22 (2) AMTRAK REFORM AND ACCOUNTABILITY

23 ACT AMENDMENTS.—Title II of the Amtrak Reform 

24 and Accountability Act of 1997 (49 U.S.C. 24101 

25 nt) is amended by striking sections 204 and 205. 
39

•HR 2726 IH 

1 (3) COMMON STOCK REDEMPTION DATE.—Sec2 tion 415 of the Amtrak Reform and Accountability 

3 Act of 1997 (49 U.S.C. 24304 nt) is amended by 

4 striking subsection (b). 

5 (b) LEASE ARRANGEMENTS.—Amtrak may obtain 

6 lease services from the Administrator of General Services, 

7 and the Administrator may provide lease services to Am8 trak, under section 201(b) and 211(b) of the Federal 

9 Property and Administrative Services Act of 1949 (40 

10 U.S.C. 481(b) and 491(b)) for each of fiscal years 2004 

11 through 2008. 

12 (c) FINANCIAL POWERS.—Section 415(d) of the Am13 trak Reform and Accountability Act of 1997 is amended 

14 by adding at the end the following: 

15 ‘‘(3) The amendments made by this subsection shall 

16 not affect the applicability of section 3729 of title 31, 

17 United States Code, to claims made against Amtrak.’’. 

18 SEC. 303. ADDITIONAL AMTRAK AUTHORIZATIONS. 

19 (a) EXCESS RRTA.—There are authorized to be ap20 propriated to the Secretary of Transportation for the use 

21 of Amtrak for each of fiscal years 2004 through 2008 an 

22 amount equal to the amount Amtrak must pay under sec23 tion 3221 of the Internal Revenue Code of 1986 that is 

24 more than the amount needed for benefits for individuals 

25 who retire from Amtrak and for their beneficiaries. 
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•HR 2726 IH 

1 (b) PRINCIPAL AND INTEREST PAYMENTS.—

2 (1) PRINCIPAL ON DEBT SERVICE.—There are 

3 authorized to be appropriated to the Secretary of 

4 Transportation for the use of Amtrak for retirement 

5 of principal on loans for capital equipment, or cap6 ital leases, the following amounts: 

7 (A) For fiscal year 2004, $116,400,000. 

8 (B) For fiscal year 2005, $109,400,000. 

9 (C) For fiscal year 2006, $114,400,000.

10 (D) For fiscal year 2007, $202,800,000. 

11 (E) For fiscal year 2008, $164,500,000. 

12 (2) INTEREST ON DEBT.—There are authorized 

13 to be appropriated to the Secretary of Transpor14 tation for the use of Amtrak for the payment of in15 terest on loans for capital equipment, or capital 

16 leases, the following amounts: 

17 (A) For fiscal year 2004, $163,300,000. 

18 (B) For fiscal year 2005, $153,000,000. 

19 (C) For fiscal year 2006, $148,400,000. 

20 (D) For fiscal year 2007, $139,000,000. 

21 (E) For fiscal year 2008, $130,000,000. 

22 (c) ENVIRONMENTAL COMPLIANCE.—There are au23 thorized to be appropriated to the Secretary of Transpor24 tation for the use of Amtrak for each of fiscal years 2004 

25 through 2008 $30,000,000, of which one-third shall be ob-
41

•HR 2726 IH 

1 ligated or expended on the Northeast Corridor and two2 thirds shall be obligated or expended outside the North3 east Corridor, in order to comply with environmental laws 

4 and regulations. 

5 (d) ACCESSIBILITY FOR ELDERLY AND PERSONS

6 WITH DISABILITIES.—

7 (1) IN GENERAL.—There are authorized to be 

8 appropriated to the Secretary of Transportation for 

9 the use of Amtrak, for each of fiscal years 2004 

10 through 2008, $43,000,000 to assist in improving 

11 accessibility for the elderly and people with disabil12 ities in Amtrak facilities and stations, including an 

13 initial assessment of the full set of accessibility 

14 needs across the national rail passenger transpor15 tation system, of which—

16 (A) $10,000,000 for each fiscal year shall 

17 be obligated or expended on the Northeast Cor18 ridor; and 

19 (B) $33,000,000 for each fiscal year shall 

20 be obligated or expended outside the Northeast 

21 Corridor. 

22 (2) STUDY OF COMPLIANCE REQUIREMENTS AT

23 EXISTING INTERCITY RAIL STATIONS.—Amtrak shall 

24 evaluate the improvements necessary to make all ex25 isting stations it serves readily accessible to and usa-
42

•HR 2726 IH 

1 ble by individuals with disabilities, as required by 

2 section 242(e)(2) of the Americans with Disabilities 

3 Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua4 tion shall include the estimated cost of the improve5 ments necessary, the identification of the responsible 

6 person (as defined in section 241(5) of that Act (42 

7 U.S.C. 12161(5))), and the earliest practicable date 

8 when such improvements can be made. Amtrak shall 

9 submit the survey to the Senate Committee on Com10 merce, Science, and Transportation, the House of 

11 Representatives Committee on Transportation and 

12 Infrastructure, and the National Council on Dis13 ability by September 30, 2005, along with rec14 ommendations for funding the necessary improve15 ments. 

16 (e) REINVESTMENT OF NET REVENUES FROM NON17 PASSENGER OPERATIONS.—Amtrak shall apply any net 

18 revenues from nonpassenger operations to the railroad’s 

19 working capital for use in satisfying systemwide current 

20 liabilities. When Amtrak’s working capital has improved 

21 to the point at which Amtrak’s liquid assets are sufficient 

22 to satisfy projected short-term liabilities, Amtrak shall in23 vest any excess net nonpassenger revenues in high priority 

24 capital projects. 
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•HR 2726 IH 

1 SEC. 304. NORTHEAST CORRIDOR AUTHORIZATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to the Secretary of Transportation for the use of 

4 Amtrak for each of fiscal years 2004 through 2008 the 

5 following amounts: 

6 (1) $370,000,000 for capital backlog on infra7 structure on the Northeast Corridor to bring infra8 structure up to state-of-good-repair, including re9 newal of the South End electric traction system, im10 provements on bridges and tunnels, and interlocking 

11 and signal system renewal.

12 (2) $60,000,000 for capital backlog on fleet to 

13 bring existing fleet to a state-of-good-repair, includ14 ing equipment replacement and upgrades necessary 

15 to meet current service commitments. 

16 (3) $40,000,000 for capital backlog on stations 

17 and facilities, including improvements to the facility 

18 and platform at the existing Penn Station, and 

19 bringing maintenance-of-way facilities up to state-of20 good-repair. 

21 (4) $350,000,000 for ongoing capital infra22 structure—

23 (A) to replace assets on a life-cycle basis; 

24 (B) to ensure that a state-of-good-repair is 

25 maintained in order to meet safety and reli26 ability standards; and 
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•HR 2726 IH 

1 (C) to meet current service commitments. 

2 (5) $40,000,000 for ongoing capital fleet invest3 ment to sustain regularly scheduled maintenance, in4 cluding a 120-day cycle of preventive maintenance, 

5 and heavy overhauls on a 4-year schedule, with inte6 rior enhancements as needed. 

7 (6) $30,000,000 for ongoing capital improve8 ments to stations and facilities to provide for regular 

9 upgrades to stations to meet current service needs, 

10 and regular improvements to maintenance-of-equip11 ment and maintenance-of-way facilities. 

12 (7) $20,000,000 for ongoing technology up13 grades of reservation, distribution, financial, and op14 erations systems, including hardware, software, in15 frastructure, and communications. 

16 (b) LIFE SAFETY NEEDS.—There are authorized to 

17 be appropriated to the Secretary of Transportation for the 

18 use of Amtrak for fiscal year 2004: 

19 (1) $677,000,000 for the 6 New York tunnels 

20 built in 1910 to provide ventilation, electrical, and 

21 fire safety technology upgrades, emergency commu22 nication and lighting systems, and emergency access 

23 and egress for passengers. 

24 (2) $57,000,000 for the Baltimore & Potomac 

25 tunnel built in 1872 to provide adequate drainage, 
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•HR 2726 IH 

1 ventilation, communication, lighting, and passenger 

2 egress upgrades. 

3 (3) $40,000,000 for the Washington, D.C. 

4 Union Station tunnels built in 1904 under the Su5 preme Court and House and Senate Office Buildings 

6 to improve ventilation, communication, lighting, and 

7 passenger egress upgrades.

8 (c) INFRASTRUCTURE UPGRADES.—There are au9 thorized to be appropriated to the Secretary of Transpor10 tation for the use of Amtrak for fiscal year 2004 

11 $3,000,000 for the preliminary design of options for a new 

12 tunnel on a different alignment to augment the capacity 

13 of the existing Baltimore tunnels. 

14 (d) CORRIDOR GROWTH INVESTMENT.—There are 

15 authorized to be appropriated to the Secretary of Trans16 portation for the use of Amtrak for corridor growth invest17 ments in the Northeast Corridor the following amounts: 

18 (1) For fiscal year 2004, $200,000,000. 

19 (2) For fiscal year 2005, $300,000,000. 

20 (3) For fiscal year 2006, $400,000,000. 

21 (4) For fiscal year 2007, $500,000,000. 

22 (5) For fiscal year 2008, $600,000,000. 

23 (e) FINANCIAL CONTRIBUTION FROM OTHER TUN24 NEL USERS.—The Secretary shall, taking into account the 
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•HR 2726 IH 

1 need for the timely completion of all life safety portions 

2 of the tunnel projects described in subsection (b)—

3 (1) consider the extent to which rail carriers 

4 other than Amtrak use the tunnels; 

5 (2) consider the feasibility of seeking a financial 

6 contribution from those other rail carriers toward 

7 the costs of the projects; and 

8 (3) obtain financial contributions or commit9 ments from such other rail carriers if feasible. 

10 (f) AVAILABILITY OF FUNDS.—Amounts appro11 priated pursuant to this section shall remain available 

12 until expended. 

13 (g) REINVESTMENT OF NORTHEAST CORRIDOR NET

14 OPERATING REVENUES.—Amtrak shall invest any net 

15 revenue generated from core passenger operations in the 

16 Northeast Corridor in capital needs of the corridor until 

17 the backlog of capital improvements is completed under 

18 Amtrak’s 20-year capital plan. 

19 SEC. 305. LONG-DISTANCE TRAINS. 

20 (a) OPERATING COSTS.—There are authorized to be 

21 appropriated to the Secretary of Transportation for the 

22 use of Amtrak for each of fiscal years 2004 through 2008 

23 $360,000,000 for operating costs associated with long-dis24 tance trains. 
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•HR 2726 IH 

1 (b) CAPITAL BACKLOG AND UPGRADES.—There are 

2 authorized to be appropriated to the Secretary of Trans3 portation for the use of Amtrak for each of fiscal years 

4 2004 through 2008 $70,000,000 to reduce the capital 

5 backlog and to bring its existing fleet to a state-of-good6 repair, including equipment replacement and upgrades 

7 necessary to meet current long-distance train service com8 mitments. 

9 (c) ONGOING CAPITAL INFRASTRUCTURE INVEST10 MENTS.—There are authorized to be appropriated to the 

11 Secretary of Transportation for the use of Amtrak for 

12 each of fiscal years 2004 through 2008 $80,000,000 for 

13 ongoing long-distance train capital infrastructure—

14 (1) to replace assets on a life-cycle basis; 

15 (2) to ensure that a state-of-good-repair is 

16 maintained in order to meet safety and reliability 

17 standards; 

18 (3) to meet current service commitments; and 

19 (4) to provide funds for investment in partner 

20 railroads to operate passenger service at currently 

21 committed levels. 

22 (d) CAPITAL FLEET NEEDS.—There are authorized 

23 to be appropriated to the Secretary of Transportation for 

24 the use of Amtrak for each of fiscal years 2004 through 

25 2008 $50,000,000 for ongoing capital fleet needs to sus-
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•HR 2726 IH 

1 tain regularly scheduled long-distance train maintenance, 

2 including a 120-day cycle of preventive maintenance, and 

3 heavy overhauls on a 4-year schedule, with interior en4 hancements as needed. 

5 (e) CAPITAL STATIONS AND FACILITIES.—There are 

6 authorized to be appropriated to the Secretary of Trans7 portation for the use of Amtrak for each of fiscal years 

8 2004 through 2008 $10,000,000 for ongoing capital sta9 tions and facilities needs to provide regular upgrades to 

10 stations to meet current long-distance train service needs, 

11 and regular improvements to maintenance-of-way equip12 ment and maintenance-of-way facilities.

13 (f) TECHNOLOGY NEEDS.—There are authorized to 

14 be appropriated to the Secretary of Transportation for the 

15 use of Amtrak for each of fiscal years 2004 through 2008 

16 $10,000,000 for ongoing long-distance train-related tech17 nology needs to upgrade reservation, distribution, finan18 cial, and operations systems, including hardware, soft19 ware, infrastructure, and communications. 

20 (g) AVAILABILITY OF FUNDS.—Amounts appro21 priated pursuant to this section shall remain available 

22 until expended. 
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•HR 2726 IH 

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

2 ROUTES. 

3 (a) IN GENERAL.—There are authorized to be appro4 priated to the Secretary of Transportation for the use of 

5 Amtrak for each of fiscal years 2004 through 2008, for 

6 obligation and expenditure on short-distance train routes 

7 outside the Northeast Corridor—

8 (1) $20,000,000 for capital backlog on infra9 structure to bring infrastructure up to a state-of10 good-repair, including improvements on bridges and 

11 tunnels that are approaching the end of their useful 

12 life and interlocking and signal system renewal; 

13 (2) $10,000,000 for capital backlog on its fleet 

14 to bring Amtrak’s existing fleet as of the date of en15 actment of this Act to a state-of-good-repair, includ16 ing equipment replacement and upgrades necessary 

17 to meet current service commitments; 

18 (3) $170,000,000 for ongoing capital infra19 structure to replace assets on a life-cycle basis to en20 sure a state-of-good-repair is maintained in order to 

21 meet safety and reliability standards needed to de22 liver current service commitments, including invest23 ment in partner railroads to operate passenger serv24 ice at currently committed levels; 

25 (4) $40,000,000 for ongoing capital fleet needs 

26 to sustain regularly scheduled maintenance, includ-
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•HR 2726 IH 

1 ing a 120-day cycle preventive maintenance sched2 ule, and heavy overhauls on a 4-year schedule, with 

3 interior enhancements as needed; 

4 (5) $10,000,000 for ongoing capital stations 

5 and facilities needs to provide regular upgrades to 

6 stations to meet current service needs, and regular 

7 improvements to maintenance-of-way equipment and 

8 maintenance-of-way facilities; and

9 (6) $20,000,000 for ongoing technology needs 

10 to upgrade of reservation, distribution, financial, and 

11 operations systems, including hardware, software, in12 frastructure and communications. 

13 (b) AVAILABILITY OF FUNDS.—Amounts appro14 priated pursuant to this section shall remain available 

15 until expended. 

16 SEC. 307. REESTABLISHMENT OF NORTHEAST CORRIDOR 

17 SAFETY COMMITTEE. 

18 (a) REESTABLISHMENT OF NORTHEAST CORRIDOR

19 SAFETY COMMITTEE.—The Secretary of Transportation 

20 shall reestablish the Northeast Corridor Safety Committee 

21 authorized by section 24905(b) of title 49, United States 

22 Code. 

23 (b) TERMINATION DATE.—Section 24905(b)(4) is 

24 amended by striking ‘‘January 1, 1999,’’ and inserting 

25 ‘‘January 1, 2008,’’. 
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1 SEC. 308. ON-TIME PERFORMANCE. 

2 Section 24308 is amended by adding at the end the 

3 following: 

4 ‘‘(f) ON-TIME PERFORMANCE.—If the on-time per5 formance of any intercity passenger train averages less 

6 than 80 percent for any consecutive 3-month period, Am7 trak may petition the Surface Transportation Board to in8 vestigate whether, and to what extent, delays are due to 

9 causes that could reasonably be addressed by a rail carrier 

10 over the tracks of which the intercity passenger train oper11 ates, or by a regional authority providing commuter serv12 ice, if any. In carrying out such an investigation, the Sur13 face Transportation Board shall obtain information from 

14 all parties involved and make recommendations regarding 

15 reasonable measures to improve the on-time performance 

16 of the train.’’. 

17 SEC. 309. AMTRAK BOARD OF DIRECTORS. 

18 (a) IN GENERAL.—Section 24302 is amended to read 

19 as follows: 

20 ‘‘§ 24302. Board of directors 

21 ‘‘(a) COMPOSITION AND TERMS.—(1) The board of 

22 directors of Amtrak is composed of the following 9 direc23 tors: 

24 ‘‘(A) The President of Amtrak. 

25 ‘‘(B) The Secretary of Transportation. 
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1 ‘‘(C) 7 individuals, each of whom must be a cit2 izen of the United States, appointed by the Presi3 dent of the United States, by and with the advice 

4 and consent of the Senate, with an interest, experi5 ence, and qualifications in or directly related to rail 

6 transportation, including representatives of freight 

7 and passenger rail transportation, travel, and pas8 senger air transportation businesses, consumers of 

9 passenger rail transportation, and State government. 

10 ‘‘(2) An individual appointed under paragraph (1)(C) 

11 of this subsection shall serve for 5 years or until the indi12 vidual’s successor is appointed and qualified. Not more 

13 than 4 individuals appointed under paragraph (1)(C) may 

14 be members of the same political party. 

15 ‘‘(3) The board shall elect a chairman and a vice 

16 chairman from among its membership. The vice chairman 

17 shall serve as chairman in the absence of the chairman. 

18 ‘‘(4) The Secretary may be represented at board 

19 meetings by the Secretary’s designee. 

20 ‘‘(b) PAY AND EXPENSES.—Each director not em21 ployed by the United States Government is entitled to 

22 $300 a day when performing board duties and powers. 

23 Each director is entitled to reimbursement for necessary 

24 travel, reasonable secretarial and professional staff sup-
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1 port, and subsistence expenses incurred in attending board 

2 meetings. 

3 ‘‘(c) VACANCIES.—A vacancy on the board shall be 

4 filled in the same way as the original selection, except that 

5 an individual appointed by the President of the United 

6 States under subsection (a)(1)(C) of this section to fill a 

7 vacancy occurring before the end of the term for which 

8 the predecessor of that individual was appointed shall be 

9 appointed for the remainder of that term. A vacancy re10 quired to be filled by appointment under subsection 

11 (a)(1)(C) shall be filled not later than 120 days after the 

12 vacancy occurs. 

13 ‘‘(d) BYLAWS.—The board may adopt and amend by14 laws governing the operation of Amtrak. The bylaws shall 

15 be consistent with this part and the articles of incorpora16 tion.

17 ‘‘(e) CONFLICTS OF INTEREST.—Subparts D, E, and 

18 F of part 2635 of title 5, Code of Federal Regulations, 

19 shall apply to members of the board of directors during 

20 their term of office in the same manner as if they were 

21 employees of an executive agency (as defined in section 

22 105 of title 5, United States Code).’’. 

23 (b) CONFORMING AMENDMENT TO APPLY SAME

24 STANDARD TO OFFICERS.—Section 24303(c) is amended 

25 to read as follows: 
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1 ‘‘(c) CONFLICTS OF INTEREST.—Subparts D, E, and 

2 F of part 2635 of title 5, Code of Federal Regulations, 

3 shall apply to officers when employed by Amtrak in the 

4 same manner as if they were employees of an executive 

5 agency (as defined in section 105 of title 5, United States 

6 Code).’’. 

7 (c) EFFECTIVE DATE FOR DIRECTORS’ PROVI8 SION.—The amendment made by subsection (a) shall take 

9 effect on October 1, 2003. The members of the Amtrak 

10 Reform Board may continue to serve until 3 directors ap11 pointed by the President under section 24302(a)(1)(C) of 

12 title 49, United States Code, as amended by subsection 

13 (a), have qualified for office.

14 SEC. 310. ESTABLISHMENT OF FINANCIAL ACCOUNTING 

15 SYSTEM FOR AMTRAK OPERATIONS BY INDE16 PENDENT AUDITOR. 

17 (a) IN GENERAL.—The Inspector General of the De18 partment of Transportation shall employ an independent 

19 financial consultant—

20 (1) to assess Amtrak’s financial accounting and 

21 reporting system and practices; 

22 (2) to design and assist Amtrak in imple23 menting a modern financial accounting and report24 ing system, on the basis of the assessment, that will 
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1 produce accurate and timely financial information in 

2 sufficient detail—

3 (A) to enable Amtrak to assign revenues 

4 and expenses appropriately to each of its lines 

5 of business and to each major activity within 

6 each line of business, including train operations, 

7 equipment maintenance, ticketing, and reserva8 tions;

9 (B) to aggregate expenses and revenues re10 lated to infrastructure and distinguish them 

11 from expenses and revenues related to rail oper12 ations; and 

13 (C) to provide ticketing and reservation in14 formation on a real-time basis. 

15 (b) VERIFICATION OF SYSTEM; REPORT.—The In16 spector General of the Department of Transportation shall 

17 review the accounting system designed and implemented 

18 under subsection (a) to ensure that it accomplishes the 

19 purposes for which it is intended. The Inspector General 

20 shall report his findings and conclusions, together with 

21 any recommendations, to the Senate Committee on Com22 merce, Science, and Transportation and the House of Rep23 resentatives Committee on Transportation and Infrastruc24 ture. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary of 

3 Transportation $2,500,000 for fiscal year 2004 to carry 

4 out subsection (a), such sums to remain available until 

5 expended. 

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

7 (a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—

8 The Amtrak board of directors shall submit an annual 

9 budget for Amtrak, and a 5-year financial plan for the 

10 fiscal year to which that budget relates and the subsequent 

11 4 years, prepared in accordance with this section, to the 

12 Secretary of Transportation and the Inspector General of 

13 the Department of Transportation no later than—

14 (1) the first day of each fiscal year beginning 

15 after the date of enactment of this Act; or 

16 (2) the date that is 60 days after the date of 

17 enactment of the appropriation Act appropriating 

18 funds for Amtrak for the fiscal year, if later. 

19 (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 

20 5-year financial plan for Amtrak shall include, at a min21 imum—

22 (1) all projected revenues and expenditures for 

23 Amtrak, including governmental funding sources; 

24 (2) projected ridership levels for all Amtrak 

25 passenger operations; 
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1 (3) revenue and expenditure forecasts for non2 passenger operations; 

3 (4) capital funding requirements and expendi4 tures necessary to maintain passenger service which 

5 will accommodate predicted ridership levels and pre6 dicted sources of capital funding; 

7 (5) operational funding needs, if any, to main8 tain current and projected levels of passenger serv9 ice, including State-supported routes and predicted 

10 funding sources; 

11 (6) projected capital and operating require12 ments, ridership, and revenue for any new passenger 

13 service operations or service expansions; 

14 (7) an assessment of the continuing financial 

15 stability of Amtrak, as indicated by factors such as 

16 the ability of the Federal Government to adequately 

17 meet capital and operating requirements, Amtrak’s 

18 access to long-term and short-term capital markets, 

19 Amtrak’s ability to efficiently manage its workforce, 

20 and Amtrak’s ability to effectively provide passenger 

21 train service; 

22 (8) lump sum expenditures of $10,000,000 or 

23 more and sources of funding; 
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1 (9) estimates of long-term and short-term debt 

2 and associated principal and interest payments (both 

3 current and anticipated); 

4 (10) annual cash flow forecasts; and 

5 (11) a statement describing methods of esti6 mation and significant assumptions. 

7 (c) STANDARDS TO PROMOTE FINANCIAL STA8 BILITY.—In meeting the requirements of subsection (b) 

9 with respect to a 5-year financial plan, Amtrak shall—

10 (1) apply sound budgetary practices, including 

11 reducing costs and other expenditures, improving 

12 productivity, increasing revenues, or combinations of 

13 such practices; and 

14 (2) use the categories specified in the financial 

15 accounting and reporting system developed under 

16 section 310 when preparing its 5-year financial plan. 

17 (d) ASSESSMENT BY DOT INSPECTOR GENERAL.—

18 (1) IN GENERAL.—The Inspector General of 

19 the Department of Transportation shall assess the 

20 5-year financial plans prepared by Amtrak under 

21 this section to determine whether they meet the re22 quirements of subsection (b), and may suggest revi23 sions to any components thereof that do not meet 

24 those requirements. 
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1 (2) ASSESSMENT TO BE FURNISHED TO THE

2 CONGRESS.—The Inspector General shall furnish to 

3 the House of Representatives Committee on Appro4 priations, the Senate Committee on Appropriations, 

5 the House of Representatives Committee on Trans6 portation and Infrastructure, and the Senate Com7 mittee on Commerce, Science, and Transportation—

8 (A) an assessment of the annual budget 

9 within 90 days after receiving it from Amtrak; 

10 and

11 (B) an assessment of the remaining 4 

12 years of the 5-year financial plan within 180 

13 days after receiving it from Amtrak. 

14 SEC. 312. REVISED REPORTING METHODOLOGY REQUIRED. 

15 Within 90 days after the date of enactment of this 

16 Act, Amtrak, in consultation with the Comptroller Gen17 eral, shall develop a revised methodology to be used in pre18 paring the annual operations report required by section 

19 24315(a) of title 49, United States Code, beginning with 

20 the report on operations for fiscal year 2004. The new 

21 report methodology shall specifically exclude noncore prof22 its in calculating the performance of Amtrak’s trains. 
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1 SEC. 313. APPROPRIATED AMOUNTS TO BE SPENT PROPOR2 TIONATELY. 

3 If for any fiscal year the sum of the amounts appro4 priated to the Secretary of Transportation for the use of 

5 Amtrak is less than the sum of the amounts authorized 

6 by this title for that fiscal year, then Amtrak shall—

7 (1) first obligate amounts appropriated pursu8 ant to the authorization in section 303(a); and 

9 (2) then allocate its obligation and expenditure 

10 of the remainder of the amounts appropriated for 

11 that fiscal year pursuant to this title (except 

12 amounts authorized by section 304(b), (c), and (d)) 

13 among the segments of the system in the same pro14 portion as the authorizations were allocated among 

15 those segments by this title. 

16 SEC. 314. INDEPENDENT AUDITOR TO ESTABLISH CRITERIA 

17 FOR AMTRAK ROUTE AND SERVICE PLAN18 NING DECISIONS. 

19 (a) INSPECTOR GENERAL TO HIRE CONSULTANT.—

20 The Inspector General of the Department of Transpor21 tation shall—

22 (1) execute a contract to obtain the services of 

23 an independent auditor or consultant to define and 

24 list past Amtrak criteria for Amtrak service changes, 

25 and to establish objective criteria for Amtrak service 

26 changes, including the establishment of new routes, 
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1 the elimination of existing routes, and the contrac2 tion or expansion of existing services; 

3 (2) review the criteria developed under the con4 tract; and 

5 (3) if the Inspector General approves the cri6 teria, transmit them to the Amtrak board of direc7 tors. 

8 (b) INCORPORATION OF CRITERIA BY AMTRAK.—If 

9 the criteria are approved under subsection (a)(3), the Am10 trak board of directors shall incorporate the criteria in—

11 (1) its route and service planning and decision12 making process; and 

13 (2) its capital plans and budgets developed in 

14 compliance with section 311 of this Act. 

15 (c) NOTIFICATION OF CONGRESS WHERE NOT COM16 PLYING WITH CRITERIA.—The Amtrak board of directors 

17 shall—

18 (1) notify the Senate Committee on Commerce, 

19 Science, and Transportation and the House of Rep20 resentatives Committee on Transportation and In21 frastructure not less than 30 days before the imple22 mentation date of any decision to establish a new 

23 route, terminate an existing route, or effect any 

24 other major change in service that is inconsistent 
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1 with the criteria incorporated under subsection (b); 

2 and 

3 (2) explain its decision not to follow the cri4 teria. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be made available to the Inspector Gen7 eral, out of any amounts appropriated to Amtrak pursuant 

8 to the authority of this Act and not otherwise obligated 

9 or expended, such sums as may be necessary to carry out 

10 this section. 

11 SEC. 315. NORTHEAST CORRIDOR DEFINED. 

12 For purposes of this title, the term ‘‘Northeast Cor13 ridor’’ means the main line of the Northeast Corridor be14 tween Boston, Massachusetts, and Washington, D.C. 

15 TITLE IV—MISCELLANEOUS 

16 SEC. 401. REHABILITATION, IMPROVEMENT, AND SECURITY 

17 FINANCING. 

18 (a) DEFINITIONS.—Section 102(7) of the Railroad 

19 Revitalization and Regulatory Reform Act of 1976 (45 

20 U.S.C. 802(7)) is amended to read as follows: 

21 ‘‘(7) ‘railroad’ has the meaning given that term 

22 in section 20102 of title 49, United States Code; 

23 and’’. 
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1 (b) GENERAL AUTHORITY.—Section 502 of the Rail2 road Revitalization and Regulatory Reform Act of 1976 

3 (45 U.S.C. 822) is amended—

4 (1) by striking ‘‘Secretary may provide direct 

5 loans and loan guarantees to State and local govern6 ments,’’ in subsection (a) and inserting ‘‘Secretary 

7 shall provide direct loans and loan guarantees to 

8 State and local governments, interstate compacts en9 tered into under section 410 of the Amtrak Reform 

10 and Accountability Act of 1997 (49 U.S.C 24101 

11 nt),’’; 

12 (2) by striking ‘‘or’’ in subsection (b)(1)(B); 

13 (3) by redesignating subparagraph (C) of sub14 section (b)(1) as subparagraph (D); and 

15 (4) by inserting after subparagraph (B) of sub16 section (b)(1) the following: 

17 ‘‘(C) to acquire, improve, or rehabilitate 

18 rail safety and security equipment and facilities; 

19 or’’. 

20 (c) EXTENT OF AUTHORITY.—Section 502(d) of the 

21 Railroad Revitalization and Regulatory Reform Act of 

22 1976 (45 U.S.C. 822(d)) is amended—

23 (1) by striking ‘‘$3,500,000,000’’ and inserting 

24 ‘‘$35,000,000,000’’;
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1 (2) by striking ‘‘$1,000,000,000’’ and inserting 

2 ‘‘$7,000,000,000’’; and 

3 (3) by adding at the end the following new sen4 tence: ‘‘The Secretary shall not establish any limit 

5 on the proportion of the unused amount authorized 

6 under this subsection that may be used for 1 loan 

7 or loan guarantee.’’. 

8 (d) COHORTS OF LOANS.—Section 502(f) of the Rail9 road Revitalization and Regulatory Reform Act of 1976 

10 (45 U.S.C. 822(f)) is amended—

11 (1) in paragraph (2)—

12 (A) by striking ‘‘and’’ at the end of sub13 paragraph (D);

14 (B) by redesignating subparagraph (E) as 

15 subparagraph (F); and 

16 (C) by adding after subparagraph (D) the 

17 following new subparagraph: 

18 ‘‘(E) the size and characteristics of the co19 hort of which the loan or loan guarantee is a 

20 member; and’’; and 

21 (2) by adding at the end of paragraph (4) the 

22 following: ‘‘A cohort may include loans and loan 

23 guarantees. The Secretary shall not establish any 

24 limit on the proportion of a cohort that may be used 

25 for 1 loan or loan guarantee.’’. 
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1 (e) CONDITIONS OF ASSISTANCE.—Section 502 of the 

2 Railroad Revitalization and Regulatory Reform Act of 

3 1976 (45 U.S.C. 822) is amended—

4 (1) by striking ‘‘offered;’’ in subsection 

5 (f)(2)(A) and inserting ‘‘offered, if any;’’; 

6 (2) by inserting ‘‘(1)’’ before ‘‘The Secretary’’ 

7 in subsection (h) and redesignating paragraphs (1), 

8 (2), and (3) of that subsection as subparagraphs 

9 (A), (B), and (C); and 

10 (3) by adding at the end of subsection (h) the 

11 following: 

12 ‘‘(2) The Secretary shall not require an applicant for 

13 a direct loan or loan guarantee under this section to pro14 vide collateral. 

15 ‘‘(3) The Secretary shall not require that an appli16 cant for a direct loan or loan guarantee under this section 

17 have previously sought the financial assistance requested 

18 from another source. 

19 ‘‘(4) The Secretary shall require recipients of direct 

20 loans or loan guarantees under this section to apply the 

21 standards of section 22301(b) and (c) of title 49, United 

22 States Code, to their projects.’’. 

23 (f) TIME LIMIT FOR APPROVAL OR DISAPPROVAL.—

24 Section 502 of the Railroad Revitalization and Regulatory 
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1 Reform Act of 1976 (45 U.S.C. 822) is amended by add2 ing at the end the following: 

3 ‘‘(i) TIME LIMIT FOR APPROVAL OR DISAPPROVAL.—

4 Not later than 180 days after receiving a complete appli5 cation for a direct loan or loan guarantee under this sec6 tion, the Secretary shall approve or disapprove the applica7 tion.’’. 

8 (g) FEES AND CHARGES.—Section 503 of the Rail9 road Revitalization and Regulatory Reform Act of 1976 

10 (45 U.S.C. 823) is amended—

11 (1) by adding at the end of subsection (k) the 

12 following: ‘‘Funds received by the Secretary under 

13 the preceding sentence shall be credited to the ap14 propriation from which the expenses of making such 

15 appraisals, determinations, and findings were in16 curred.’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(l) FEES AND CHARGES.—Except as provided in 

20 this title, the Secretary may not assess any fees, including 

21 user fees, or charges in connection with a direct loan or 

22 loan guarantee provided under section 502.’’. 

23 (h) SUBSTANTIVE CRITERIA AND STANDARDS.—Not 

24 later than 30 days after the date of the enactment of this 

25 Act, the Secretary of Transportation shall publish in the 
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1 Federal Register and post on the Department of Trans2 portation website the substantive criteria and standards 

3 used by the Secretary to determine whether to approve 

4 or disapprove applications submitted under section 502 of 

5 the Railroad Revitalization and Regulatory Reform Act of 

6 1976 (45 U.S.C. 822). 

7 (i) OPERATORS DEEMED RAIL CARRIERS; LOANS

8 AND LOAN GUARANTEES FOR NONRAILROAD ENTITIES.—

9 Section 502 of the Railroad Revitalization and Regulatory 

10 Reform Act of 1976 (45 U.S.C. 822), as amended by sub11 section (f), is further amended by adding at the end the 

12 following: 

13 ‘‘(j) OPERATORS DEEMED RAIL CARRIERS.—A per14 son that conducts rail operations funded or otherwise re15 ceiving assistance under this section is deemed to be a rail 

16 carrier for purposes of part A of subtitle IV of title 49, 

17 United States Code, when so operating or performing such 

18 services. 

19 ‘‘(k) LOAN AND LOAN GUARANTEES FOR NONRAIL20 ROAD ENTITIES.—Notwithstanding any other provision of 

21 law, entities other than rail companies shall be eligible for 

22 loans and loan guarantees under this section.’’. 
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1 SEC. 402. RAIL PASSENGER COOPERATIVE RESEARCH PRO2 GRAM. 

3 (a) IN GENERAL.—Chapter 249 is amended by add4 ing at the end the following: 

5 ‘‘§ 24910. Passenger rail cooperative research pro6 gram 

7 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

8 shall establish and carry out a rail passenger cooperative 

9 research program. The program shall—

10 ‘‘(1) address, among other matters, intercity 

11 rail passenger services, including existing rail pas12 senger technologies and speeds, incrementally en13 hanced rail systems and infrastructure, and new 

14 high-speed wheel-on-rail systems; 

15 ‘‘(2) give consideration to research on com16 muter rail, regional rail, freight rail, and other 

17 modes of rail transportation that may affect rail 

18 passenger transportation due to the interconnected19 ness of the rail passenger network with other rail 

20 transportation services; and 

21 ‘‘(3) give consideration to regional concerns re22 garding rail passenger transportation, including 

23 meeting research needs common to designated high24 speed corridors, long-distance rail services, and re25 gional intercity rail corridors, projects, and entities.
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1 ‘‘(b) CONTENTS.—The program to be carried out 

2 under this section shall include research designed—

3 ‘‘(1) to identify the unique aspects and at4 tributes of rail passenger service; 

5 ‘‘(2) to develop more accurate models for evalu6 ating the indirect effects of rail passenger service, 

7 including the effects on highway and airport and air8 way congestion, environmental quality, and energy 

9 consumption; 

10 ‘‘(3) to develop a better understanding of modal 

11 choice as it affects rail passenger transportation, in12 cluding development of better models to predict rid13 ership;

14 ‘‘(4) to recommend priorities for technology 

15 demonstration and development; 

16 ‘‘(5) to meet additional priorities as determined 

17 by the advisory board established under subsection 

18 (c), including any recommendations made by the Na19 tional Academy of Sciences; 

20 ‘‘(6) to explore improvements in management, 

21 financing, and institutional structures; 

22 ‘‘(7) to address rail capacity constraints that 

23 affect passenger rail service through a wide variety 

24 of options, ranging from operating improvements to 

25 dedicated new infrastructure, taking into account 
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1 the impact of such options on freight and commuter 

2 rail operations; and 

3 ‘‘(8) to improve maintenance, operations, cus4 tomer service, or other aspects of existing intercity 

5 rail passenger service existing in 2003. 

6 ‘‘(c) ADVISORY BOARD.—

7 ‘‘(1) ESTABLISHMENT.—In consultation with 

8 the heads of appropriate Federal departments and 

9 agencies, the Secretary shall establish an advisory 

10 board to recommend research, technology, and tech11 nology transfer activities related to rail passenger 

12 transportation. 

13 ‘‘(2) MEMBERSHIP.—The advisory board shall 

14 include—

15 ‘‘(A) representatives of State transpor16 tation agencies; 

17 ‘‘(B) transportation and environmental 

18 economists, scientists, and engineers; and 

19 ‘‘(C) representatives of Amtrak, the Alaska 

20 Railroad, transit operating agencies, intercity 

21 rail passenger agencies, railway labor organiza22 tions, and environmental organizations. 

23 ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec24 retary may make grants to, and enter into cooperative 

25 agreements with, the National Academy of Sciences to 
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1 carry out such activities relating to the research, tech2 nology, and technology transfer activities described in sub3 section (b) as the Secretary deems appropriate.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 249 is amended by adding at the end the 

6 following:

‘‘24910. Passenger rail cooperative research program.’’.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary of 

9 Transportation $5,000,000 for each of fiscal years 2004 

10 through 2008, to carry out section 24910 of title 49, 

11 United States Code.

12 SEC. 403. CONFORMING AMENDMENTS TO TITLE 49 RE13 FLECTING ICC TERMINATION ACT. 

14 (a) SECTION 333.—Section 333 is amended—

15 (1) by striking ‘‘Interstate Commerce Commis16 sion’’ each place it appears and inserting ‘‘Surface 

17 Transportation Board’’; and 

18 (2) by striking ‘‘Commission’’ in subsection (e) 

19 and inserting ‘‘Board’’. 

20 (b) SECTION 24307.—Section 24307(b)(3) is amend21 ed by striking ‘‘Interstate Commerce Commission’’ and in22 serting ‘‘Surface Transportation Board’’. 

23 (c) SECTION 24308.—Section 24308 is amended—
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1 (1) by striking ‘‘Interstate Commerce Commis2 sion’’ in subsection (a)(2)(A) and inserting ‘‘Surface 

3 Transportation Board’’; and 

4 (2) by striking ‘‘Commission’’ each place it ap5 pears in subsections (a), (b), and (e) and inserting 

6 ‘‘Board’’. 

7 (d) SECTION 24311.—Section 24311 is amended—

8 (1) by striking ‘‘Interstate Commerce Commis9 sion’’ in subsection (c)(1) and inserting ‘‘Surface 

10 Transportation Board’’; and 

11 (2) by striking ‘‘Commission’’ each place it ap12 pears in subsection (c) and inserting ‘‘Board’’. 

13 (e) SECTION 24902.—Section 24902 is amended—

14 (1) by striking ‘‘Interstate Commerce Commis15 sion’’ in subsections (g)(2) and (g)(3) and inserting 

16 ‘‘Surface Transportation Board’’; and 

17 (2) by striking ‘‘Commission’’ each place it ap18 pears in subsections (g)(2) and (g)(3) and inserting 

19 ‘‘Board’’. 

20 (f) SECTION 24904.—Section 24904 is amended—

21 (1) by striking ‘‘Interstate Commerce Commis22 sion’’ in subsection (c)(2) and inserting ‘‘Surface 

23 Transportation Board’’; and 

24 (2) by striking ‘‘Commission’’ each place it ap25 pears in subsection (c) and inserting ‘‘Board’’. 
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1 SEC. 404. APPLICABILITY OF REVERSION TO ALASKA RAIL2 ROAD RIGHT-OF-WAY PROPERTY. 

3 Section 610(b) of the Alaska Railroad Transfer Act 

4 of 1982 (45 U.S.C. 1209(b)) is amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

6 (2) by redesignating paragraphs (1) and (2) as 

7 subparagraphs (A) and (B), respectively; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2)(A) The State-owned railroad may convey all 

11 right, title, and interest of the State in any land within 

12 the right-of-way to a third party in exchange for other 

13 land that, in substitution for the land conveyed, is to be 

14 utilized as part of the right-of-way if the continuity of the 

15 right-of-way corridor for transportation, communications, 

16 and transmission purposes is provided by such use of the 

17 substituted land. 

18 ‘‘(B) The provisions of this section that require rever19 sion shall apply to the substituted land, as of the effective 

20 date of the exchange of that land in a transaction author21 ized by subparagraph (A), as fully as if the substituted 

22 land had been rail properties of the Alaska Railroad as 

23 of January 13, 1983. 
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1 ‘‘(C) Upon the conveyance of land in a transaction 

2 authorized by subparagraph (A), any reversionary interest 

3 in the land under this section shall terminate.’’.

Æ