I
107TH CONGRESS
2D SESSION
H. R. 5216
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 25, 2002
Ms. CARSON of Indiana (for herself, Mr. MCNULTY, Mr. LUCAS of Kentucky,
Mr. MORAN of Virginia, Mr. FROST, Mr. SANDERS, Mr. LYNCH, Mr.
PAYNE, Mrs. CHRISTENSEN, Ms. JACKSON-LEE
of Texas, Mr.
CUMMINGS, Mrs. JONES of Ohio, Ms. WATSON of California, Mr. DAVIS
of Illinois, Mr. POMEROY, Mr. WATT of North Carolina, Mr. EVANS, Mr.
SERRANO, Mr. MCINTYRE, Mr. BOSWELL, Ms. LEE, Mr. DINGELL, and
Mr. BACA) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
A BILL
To establish a national rail passenger transportation system,
reauthorize Amtrak, improve security and service on Am-
trak, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49;
TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Defense Rail Act’’.
(b) AMENDMENT OF TITLE 49.—Except as otherwise
expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or
a repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision
of title 49, United States Code.
(c) TABLE OF CONTENTS.—The table of contents for
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. Amtrak security assistance.
Sec. 102. Study of foreign rail transport security programs.
Sec. 103. Passenger, baggage, and cargo screening.
Sec. 104. Rail security.
Sec. 105. Rail transportation security risk assessment.
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. Extension of authorization.
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. Independent audit of Amtrak operations; review by DOT IG.
TITLE IV—MISCELLANEOUS
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.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Financial investment in passenger rail in-
frastructure is critical, and Federal leadership is re-
quired to address the needs of a reliable safe, secure
passenger rail network, just as has been used in es-
tablishing the interstate highway system and the
Federal aviation network.
(2) Lack of investment and attention to the
needs of passenger rail infrastructure has resulted in
a weak passenger rail network, and has caused a
strain on the capacity of other modes of transpor-
tation in many areas of the country. According to
the Department of Transportation, in 1999 the cost
of wasted time and extra fuel consumption due to
delays on congested roads was estimated at $78 bil-
lion.
(3) Passenger rail is an integral part of the
United States transportation system, and, as can be
evidenced in the Northeast Corridor, relieves the
pressures of congestion on highways and at airports,
and creates a more balanced system of transpor-
tation alternatives.
(4) Passenger rail service has been a vital in-
strument in the transportation needs of our Nation.
For instance, during World War II, the privately
owned, operated, and constructed railroad industry
transported 90 percent of all defense freight, and 97
percent of all defense personnel transported to
points of embarkation for theaters of action. By the
end of the war, railroads accounted for three quar-
ters of the share of the common carrier share of
intercity traffic, with airplanes and buses sharing
the remaining quarter of traffic.
(5) Significant attention and Federal funding
were required to construct the Eisenhower System of
Interstate and Defense Highways. The Federal Aid
Highway Act of 1956 established a Highway Trust
Fund based upon Federal user taxes in order to fi-
nance up to 90 percent of the costs of the $25 bil-
lion dollar highway construction plan.
(6) Federal policies with respect to investment
in aviation resulted in a strengthened aviation indus-
try and the rapid development of air passenger serv-
ice, and by the late 1960’s most rail companies were
petitioning the Government to discontinue passenger
services because of losses.
(7) Amtrak was established in 1971 by the Rail
Passenger Service Act to provide passenger rail serv-
ices in the United States as a public service; at the
time of Amtrak’s formation, freight railroads were
losing money on unprofitable passenger rail oper-
ations. Since 1971 Amtrak has received only $25
billion in public subsidies; during that period, the
United States invested $750 billion on highways and
aviation.
(8) The Amtrak Reform and Accountability Act
of 1997, and preceding statutes, resulted in creating
conflicting missions for the National Railroad Pas-
senger Corporation of both serving a public function
by operating unprofitable long-distance routes while
also attempting to operate at a profit. This policy
has also restricted Amtrak’s profit potential on the
Northeast Corridor by limiting the capital expendi-
tures to help defray other costs.
(9) Due to a lack of capital investment, the
Northeast Corridor has accumulated a backlog of re-
pair needs, including life safety and security needs.
Investment in the capital needs of the Northeast
Corridor would result in capacity improvements
which would result in greater utilization of the exist-
ing infrastructure.
(10) The Department of Transportation Inspec-
tor General’s 2001 Assessment of Amtrak’s Finan-
cial Performance and Requirements (Report #CR–
2002–075) found that Amtrak’s lack of available
capital has impeded its efforts to achieve financial
goals.
(11) In order to attempt to meet the mandate
of the Amtrak Reform and Accountability Act of
1997, Amtrak has been forced to delay capital im-
provement projects and other projects which would
produce long-term benefits.
(12) The Department of Transportation Inspec-
tor General’s 2001 Assessment of Amtrak’s Finan-
cial Performance and Requirements (Report #CR–
2002–075) found that Amtrak’s most profitable op-
erations are on the Northeast Corridor, where Fed-
eral investment in passenger rail infrastructure has
been significantly higher than anywhere else in the
country.
(13) Federal investments in capital projects to
support passenger rail in areas other than the
Northeast Corridor would result in improved service
and increase profitability.
(14) The need for a balanced interstate and
international transportation system that provides a
viable alternative to travel by private automobile or
commercial aircraft is particularly evident after the
events of September 11, 2001.
(15) As a matter of national security, a strong
passenger rail network would provide travelers an al-
ternative to highway and air travel, which could lead
to reduced United States reliance on foreign oil im-
ports.
(16) In fiscal year 2001, the United States
spent less than 1 percent of all transportation modal
spending on intercity passenger rail, and since 1998,
Amtrak has received only $4.59 billion of the $8.42
billion it has been authorized to receive by Congress.
(17) Passenger rail in the United States has no
stable funding source, in contrast to highways, avia-
tion, and transit.
(18) Per capita spending on passenger rail is
much higher in other countries than the United
States and, in fact, the United States ranks behind
other countries including Canada, Japan, France,
Great Britain, Italy, Spain, Austria, Switzerland,
Belgium, Sweden, Luxembourg, Denmark, Ireland,
Norway, the Czech Republic, Finland, Slovakia, Por-
tugal, Poland, South Africa, Greece, and Estonia.
(19) The United States needs to engage in
long-term planning to foster and address future pas-
senger transportation growth and show forethought
regarding transportation solutions rather than be
forced to act due to an impending crisis.
(20) It is in the national interest to preserve
passenger rail service in the United States and to
maintain the solvency of the National Railroad Pas-
senger Corporation.
(21) Long-term planning and support for pas-
senger rail will help offset the emerging problems
created by transportation congestion, and contribute
to a cleaner and more environmentally-friendly
transportation system.
(22) A comprehensive re-evaluation of our na-
tion’s rail passenger policy is required and a clearly
defined role for Amtrak and a connected rail pas-
senger network must be established.
(23) The Federal Government must take the
primary responsibility for developing national rail-
road passenger transportation infrastructure, and
help ensure that it functions as an efficient network.
Privatization of the rail passenger industry in Great
Britain has been disastrous and passenger service
has suffered overall.
(24) The Nation should be afforded the oppor-
tunity to receive safe, efficient, and cost-effective rail
passenger services, taking into account all benefits
to the Nation as a whole.
TITLE I—RAIL
TRANSPORTATION SECURITY
SEC. 101. AMTRAK SECURITY ASSISTANCE.
(a) INFRASTRUCTURE
SECURITY.—The following
amounts are authorized to be appropriated to the Sec-
retary of Transportation for the use of Amtrak for fiscal
year 2003:
(1) $26,000,000 for tunnel, bridge, electric
traction, and tower security, including closed circuit
television cameras, vehicle barriers, lighting, and
fencing, of which $19,725,000 shall be obligated or
expended on the Northeast Corridor and $6,275,000
shall be obligated or expended outside the Northeast
Corridor.
(2) $137,370,000 for interlocking security
needs, including closed circuit television cameras,
lighting, fencing and vehicle barriers, of which 50
percent shall be obligated or expended on the North-
east Corridor and 50 percent shall be obligated or
expended outside the Northeast Corridor.
(3) $12,525,000 for equipment facility security,
including closed circuit television cameras, lighting,
and vehicle barriers, of which $4,175,000 shall be
obligated or expended on the Northeast Corridor and
$8,350,000 shall be obligated or expended outside
the Northeast Corridor.
(4) $22,140,000 for yard and terminal security,
including closed circuit television cameras, lighting,
fencing and vehicle barriers, of which $9,225,000
shall be obligated or expended on the Northeast Cor-
ridor and $12,915,000 shall be obligated or ex-
pended outside the Northeast Corridor.
(5) $2,940,000 for mail and express facilities
security, including closed circuit television cameras,
lighting, fencing, and vehicle barriers, of which
$1,470,000 shall be obligated or expended on the
Northeast Corridor and $1,470,000 shall be obli-
gated or expended outside the Northeast Corridor.
(6) $20,125,000 for station security, including
closed circuit television cameras, x-ray machines,
lighting, fencing and vehicle barriers, of which
$7,000,000 shall be obligated or expended on the
Northeast Corridor and $13,125,000 shall be obli-
gated or expended outside the Northeast Corridor.
(7) $538,000 for employee identification sys-
tems, including improved technology for badges
issued to employees and visitors controlled through
a centralized database.
(8) $75,000 for bomb-resistant trash con-
tainers, of which 50 percent shall be obligated or ex-
pended on the Northeast Corridor and 50 percent
shall be obligated or expended outside the Northeast
Corridor.
(9) $5,800,000 for a passenger information re-
trieval system to capture security information, create
watchlists, and an online history of passengers.
(10) $6,200,000 for an incident tracking sys-
tem to create and maintain an electronic database of
data on criminal and operational incidents.
(11) $4,300,000 for upgrades to ticket kiosks
for photo imaging for identification purposes, of
which 50 percent shall be obligated or expended on
the Northeast Corridor and 50 percent shall be obli-
gated or expended outside the Northeast Corridor.
(12) $16,750,000 for an incident command sys-
tem to serve as a second command center and a dis-
aster recovery command site.
(13) $5,000,000 for train locator and tracking
systems to provide GPS coordinates for all loco-
motives, of which 50 percent shall be obligated or
expended on the Northeast Corridor and 50 percent
shall be obligated or expended outside the Northeast
Corridor.
(14) $120,000 for a notification system for in-
tegration of GPS information into the central com-
puter systems.
(15) $1,245,000 for mail and express shipment
software to identify each shipment positively before
it is transported by rail, of which $405,000 shall be
obligated or expended on the Northeast Corridor and
$840,000 shall be obligated or expended outside the
Northeast Corridor.
(16) $1,211,000 for mail and express tracking
deployment to identify the status of each rail ship-
ment.
(b) SECURITY OPERATIONS.—The following amounts
are authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for fiscal year 2003:
(1) $354,000 for hiring 4 police officers, each
of whom is to be dedicated to a specific region of the
United States, to provide intelligence-gathering and
analysis, 
conduct 
crime-mapping 
assessments
throughout the entire system, work with law enforce-
ment to prevent terrorist acts and reduce Amtrak’s
vulnerability, of which 50 percent shall be obligated
or expended on the Northeast Corridor and 50 per-
cent shall be obligated or expended outside the
Northeast Corridor.
(2) $10,411,000 for the hiring of 150 patrol of-
ficers and 48 specialized personnel, of whom 101
shall be deployed on the Northeast Corridor and 97
outside the Northeast Corridor.
(3) $11,292,000 for the hiring of 250 security
officers, of whom 147 shall be deployed on the
Northeast Corridor and 103 outside the Northeast
Corridor.
(4) $1,828,000 for the hiring of 20 canine
bomb teams, of which 14 shall be deployed outside
the Northeast Corridor and 10 shall be deployed to
mail and express facilities.
(5) $30,761,000 for 90 infrastructure security
inspectors to inspect the rights-of-way, bridges,
buildings, tunnels, communications and signaling
equipment, fencing, gates, barriers, lighting, cat-
enary system, and other security features, of which
$21,000,000 shall be obligated or expended on the
Northeast Corridor and $10,000,000 shall be obli-
gated or expended outside the Northeast Corridor.
(6) $2,990,000 to expand aviation capabilities
for security coverage and patrol capabilities, includ-
ing equipment, staff, and facilities, of which
$997,000 shall be obligated or expended on the
Northeast Corridor and $1,993,000 shall be obli-
gated or expended outside the Northeast Corridor.
(7) $1,095,000 for the leasing of 150 vehicles
and 10 bicycles to support patrol capabilities, of
which $569,000 shall be obligated or expended on
the Northeast Corridor and $526,000 shall be obli-
gated or expended outside the Northeast Corridor.
(8) $669,000 for 6 management level positions
with responsibility for direction, control, implemen-
tation, and monitoring of security systems, including
the deployment of the 250 security officers through-
out the Amtrak system, of which $446,000 shall be
obligated or expended on the Northeast Corridor and
$223,000 shall be obligated or expended outside the
Northeast Corridor.
(9) $980,000 for applicant background inves-
tigations.
(10) $457,000 for rapid response teams to re-
spond to and prepare for on-site consequence man-
agement, all of which shall be obligated or expended
outside the Northeast Corridor.
(c) EQUIPMENT SECURITY.—
(1) IN GENERAL.—The following amounts are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for fiscal year
2003:
(A) $1,755,000 to provide two-way com-
munication devices for all Amtrak conductors.
(B) $3,000,000 for 2 mobile emergency
command and communication units and rapid
response teams, 1 to be located in the Midwest
and 1 on the West Coast.
(C) $651,000 for 200 to 400 radioactive
material detectors to be deployed system-wide,
of which $231,000 shall be obligated or ex-
pended 
on 
the 
Northeast 
Corridor 
and
$420,000 shall be obligated or expended outside
the Northeast Corridor.
(D) $4,000,000 for hand-held bomb detec-
tors for use by police to inspect baggage and
packages.
(E) $1,400,000 to screen express packages
before being placed on trains.
(F) $1,305,000 for secure locking devices
on mail and express cars that have satellite-
monitoring capability.
(G) $10,234,000 for video recording sys-
tems on road locomotives, of which $4,859,000
shall be obligated or expended on the Northeast
Corridor and $5,375,000 shall be obligated or
expended outside the Northeast Corridor.
(H) $6,712,000 to acquire and install sat-
ellite-based technology to shut down any loco-
motive that is not under the control of its crew.
(I) $4,320,000 to install 10 new commu-
nications stations to enable radio communica-
tions in remote locations and 12 satellite receiv-
ers.
(J) $4,000,000 for 4 self-propelled high-
speed rail cars designated for selective patrol
and enforcement functions, including critical in-
cident response, dignitary protection, and rov-
ing rail security inspections.
(2) ALLOCATION.—Except as provided in sub-
paragraphs (B), (C), and (G) of paragraph (1), 50
percent of any amounts appropriated pursuant to
paragraph (1) shall be obligated or expended on the
Northeast Corridor and 50 percent of such amounts
shall be obligated or expended outside the Northeast
Corridor.
(d) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to subsections (a), (b), and (c) shall re-
main available until expended.
(e) PROHIBITION ON USE OF EQUIPMENT FOR EM-
PLOYMENT-RELATED PURPOSES.—An employer may not
use closed circuit television cameras purchased with
amounts authorized by this section for employee discipli-
nary or monitoring purposes unrelated to transportation
security.
SEC. 102. STUDY OF FOREIGN RAIL TRANSPORT SECURITY
PROGRAMS.
(a) REQUIREMENT
FOR STUDY.—Not later than
June 1, 2003, the Comptroller General shall carry out a
study of the rail passenger transportation security pro-
grams that are carried out for rail transportation systems
in Japan, member nations of the European Union, and
other foreign countries.
(b) PURPOSE.—The purpose of the study shall be to
identify effective rail transportation security measures
that are in use in foreign rail transportation systems, in-
cluding innovative measures and screening procedures de-
termined effective.
(c) REPORT.—The Comptroller General shall submit
a report on the results of the study to Congress. The re-
port shall include the Comptroller General’s assessment
regarding whether it is feasible to implement within the
United States any of the same or similar security meas-
ures that are determined effective under the study.
SEC. 103. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) REQUIREMENT FOR STUDY AND REPORT.—The
Secretary of Transportation shall—
(1) study the cost and feasibility of requiring
security screening for all passengers, baggage, and
mail, express, and other cargo on Amtrak trains;
and
(2) report the results of the study, together
with any recommendations that the Secretary may
have for implementing a rail security screening pro-
gram, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than one year after the
date of enactment of this Act.
(b) PILOT PROGRAM.—As part of the study under
subsection (a), the Secretary shall conduct a pilot program
of random security screening of passengers and baggage
at 5 of the 10 busiest passenger rail stations served by
Amtrak (measured by the average number of boardings
of Amtrak passenger trains) and at up to five additional
rail stations served by Amtrak that are selected by the
Secretary. In selecting the additional train stations the
Secretary shall attempt to achieve a distribution of partici-
pating stations in terms of geographic location and size.
SEC. 104. RAIL SECURITY.
(a) SECRETARY
OF
TRANSPORTATION.—Section
20103(a) is amended by striking ‘‘safety’’ and inserting
‘‘safety, including the security of railroad operations,’’.
(b) RAIL POLICE OFFICERS.—Section 28101 is
amended by striking ‘‘the rail carrier’’ each place it ap-
pears and inserting ‘‘any rail carrier’’.
(c) REVIEW OF RAIL REGULATIONS.—Within 180
days after the date of enactment of this Act, the Secretary
of Transportation, in consultation with the Federal Rail-
road Administration’s Rail Safety Advisory Committee,
shall review existing rail regulations of the Department
of Transportation for the purpose of identifying areas in
which those regulations need to be revised to improve rail
safety and security.
SEC. 105. RAIL TRANSPORTATION SECURITY RISK ASSESS-
MENT.
(a) IN GENERAL.—
(1) ASSESSMENT.—The Secretary of Transpor-
tation shall assess the security risks associated with
rail transportation and develop prioritized rec-
ommendations for—
(A) improving the security of rail tunnels,
rail bridges, rail switching areas, and other
areas identified by the Secretary as posing sig-
nificant rail-related risks to public safety and
the movement of interstate commerce, taking
into account the impact that any proposed secu-
rity measure might have on the provision of rail
service;
(B) the deployment of chemical and bio-
logical weapon detection equipment;
(C) dealing with the immediate and long-
term economic impact of measures that may be
required to address those risks; and
(D) training employees in terrorism re-
sponse activities.
(2) EXISTING
PRIVATE
AND
PUBLIC
SECTOR
EFFORTS.—The assessment shall include a review of
any actions already taken to address identified secu-
rity issues by both public and private entities.
(3) RAILROAD
CROSSING
DELAYS.—The Sec-
retary shall include in the assessment an analysis of
the risks to public safety and to the security of rail
transportation that are associated with long delays
in the movement of trains that have stopped on rail-
road grade crossings of highways, streets, and other
roads for motor vehicle traffic, especially in major
metropolitan areas. The Secretary shall include in
the recommendations developed under paragraph (1)
recommended actions for preventing such delays and
reducing the risks identified in the analysis.
(b) 
CONSULTATION; 
USE
OF
EXISTING
RE-
SOURCES.—In carrying out the assessment required by
subsection (a), the Secretary shall—
(1) consult with rail management, rail labor,
and public safety officials (including officials respon-
sible for responding to emergencies); and
(2) utilize, to the maximum extent feasible, the
resources and assistance of—
(A) the Federal Railroad Administration’s
Rail Safety Advisory Committee; and
(B) the Transportation Research Board of
the National Academy of Sciences.
(c) REPORT.—
(1) CONTENTS.—Within 180 days after the
date of enactment of this Act, the Secretary shall
transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and In-
frastructure a report, without compromising national
security, containing—
(A) the assessment and prioritized rec-
ommendations required by subsection (a); and
(B) any proposals the Secretary deems ap-
propriate for providing Federal financial, tech-
nological, or research and development assist-
ance to railroads to assist the railroads in re-
ducing the likelihood, severity, and con-
sequences of deliberate acts of crime or ter-
rorism toward rail employees, rail passengers,
rail shipments, or rail property.
(2) FORMAT.—The Secretary may submit the
report in both classified and redacted formats if the
Secretary determines that such action is appropriate
or necessary.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary
$5,000,000 for fiscal year 2003 to carry out this section,
such sums to remain available until expended.
TITLE 
II—INTERSTATE 
RAIL-
ROAD 
PASSENGER 
HIGH-
SPEED 
TRANSPORTATION
SYSTEM
SEC. 201. INTERSTATE RAILROAD PASSENGER HIGH-SPEED
TRANSPORTATION POLICY.
(a) IN GENERAL.—Chapter 261 is amended by in-
serting before section 26101 the following:
‘‘§ 26100. Policy
‘‘(a) IN GENERAL.—The Congress declares that it is
the policy of the United States that designated high-speed
railroad passenger transportation corridors are the build-
ing blocks of an interconnected interstate railroad pas-
senger system that serves the entire Nation.
‘‘(b) SECRETARY REQUIRED TO ESTABLISH NA-
TIONAL HIGH-SPEED GROUND TRANSPORTATION POL-
ICY.—The Secretary of Transportation shall establish the
national high-speed ground transportation policy required
by section 309(e)(1) of this title no later than December
31, 2002.’’.
(b) CONFORMING AMENDMENTS.—
(1) The chapter analysis for chapter 261 is
amended by inserting before the item relating to sec-
tion 26101 the following:
‘‘26100. Policy.’’.
(2) Section 309(e)(1) is amended by striking
‘‘Within 12 months after the submission of the
study required by subsection (d),’’ and inserting ‘‘No
later than December 31, 2002,’’.
SEC. 202. HIGH-SPEED RAIL CORRIDOR PLANNING.
(a) IN GENERAL.—Section 26101(a) is amended to
read as follows:
‘‘(a) PLANNING.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall provide planning assistance to States or
group of States and other public agencies promoting
the development of high-speed rail corridors des-
ignated by the Secretary under section 104(d) of
title 23.
‘‘(2) SECRETARY MAY PROVIDE DIRECT OR FI-
NANCIAL ASSISTANCE.—The Secretary may provide
planning assistance under paragraph (1) directly or
by providing financial assistance to a public agency
or group of public agencies to undertake planning
activities approved by the Secretary.
‘‘(3) 100 PERCENT FEDERAL FUNDING.—The
Secretary may not require any portion of the pub-
licly financed costs associated with eligible activities
with respect to which assistance is provided under
this subsection to come from non-Federal sources.
‘‘(4) PRIORITIES TO CHICAGO, ATLANTA, AND
DALLAS/FORT WORTH.—In determining projects to
be undertaken pursuant to this subsection, the Sec-
retary shall give the highest priorities to undertaking
planning in the vicinity of Union Station in Chicago,
Illinois, in metropolitan Atlanta, Georgia, and in the
Dallas/Fort Worth, Texas, area.’’.
(b) CONFORMING
AND OTHER AMENDMENTS
TO
SECTION 26101.—Section 26101 is further amended—
(1) by striking subsection (c)(2) and inserting
the following:
‘‘(2) the extent to which the proposed planning
focuses on high-speed rail systems, giving a priority
to systems which will achieve sustained speeds of
125 miles per hour or greater and projects involving
dedicated rail passenger rights-of-way;’’;
(2) by inserting ‘‘and’’ after the semicolon in
subsection (c)(12);
(3) by striking ‘‘completed; and’’ in subsection
(c)(13) and inserting ‘‘completed.’’;
(4) by striking subsection (c)(14); and
(5) by adding at the end the following:
‘‘(d) OPERATORS AND CERTAIN SERVICE PROVIDERS
DEEMED RAIL CARRIERS.—A person that conducts rail
operations, or performs catering, cleaning, construction,
maintenance, or other services for rail operations, funded
or otherwise receiving assistance under this section is
deemed to be a rail carrier for purposes of part A of sub-
title IV, when so operating or performing such services.’’.
(c) CONFORMING AMENDMENT.—Section 511(n)(1)
of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 831(n)(1)) is amended by striking
‘‘125’’ and inserting ‘‘90’’.
(d) FINANCIAL ASSISTANCE TO INCLUDE LOANS
AND LOAN GUARANTEES.—Section 26105(1) is amended
by inserting ‘‘loans, loan guarantees,’’ after ‘‘contracts,’’.
(e) REINVESTMENT OF NON-PASSENGER OPERATING
PROFIT.—Amtrak shall invest any revenue from non-pas-
senger operations in capital needs outside the Northeast
Corridor.
SEC. 203. IMPLEMENTATION ASSISTANCE.
(a) IN GENERAL.—Chapter 261 is amended by in-
serting after section 26101 the following:
‘‘§ 26101A. Implementation of corridor plans
‘‘(a) IMPLEMENTATION ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall provide implementation assistance to
States or group of States and other public agencies
promoting the development of high-speed rail cor-
ridors designated by the Secretary under section
104(d) of title 23. The Secretary shall establish an
application and qualification process and, before pro-
viding assistance under this section, make a deter-
mination on the record that the applicant is quali-
fied and eligible for assistance under this section.
‘‘(2) SECRETARY MAY PROVIDE DIRECT OR FI-
NANCIAL ASSISTANCE.—The Secretary may provide
implementation assistance under paragraph (1) di-
rectly or by providing financial assistance to a public
agency or group of public agencies to undertake im-
plementation activities approved by the Secretary.
‘‘(3) 100 PERCENT FEDERAL SHARE.—The Sec-
retary may not require any portion of the publicly fi-
nanced costs associated with eligible activities with
respect to which assistance is provided under this
subsection to come from non-Federal sources.
‘‘(4) 
CONTRIBUTION
OF
LAND.—Notwith-
standing paragraph (3), the Secretary may accept
land contributed by a State for right-of-way, without
regard to whether the State acquired the land di-
rectly or indirectly through the use of Federal funds,
including transfers from the Highway Trust Fund
under section 9503 of the Internal Revenue Code of
1986.
‘‘(5) PRIORITIES TO CHICAGO, ATLANTA, AND
DALLAS/FORT WORTH.—In determining projects to
be undertaken pursuant to this subsection, the Sec-
retary shall give the highest priorities to undertaking
implementation assistance in the vicinity of Union
Station in Chicago, Illinois, in metropolitan Atlanta,
Georgia, and in the Dallas/Fort Worth, Texas, area.
‘‘(6) 
SPECIAL
TRANSPORTATION
CIR-
CUMSTANCES.—In carrying out this section, the Sec-
retary shall allocate an appropriate portion of the
amounts available for implementation assistance to
providing appropriate related assistance in any State
the rail transportation system of which—
‘‘(A) is not physically connected to rail sys-
tems in the continental United States; and
‘‘(B) may not otherwise qualify for high-
speed rail implementation assistance due to the
constraints imposed on the railway infrastruc-
ture in that State due to the unique character-
istics of the geography of that State or other
relevant considerations, as determined by the
Secretary.
‘‘(b) ELIGIBLE IMPLEMENTATION ACTIVITIES.—The
following activities are eligible for implementation assist-
ance under subsection (a):
‘‘(1) Security planning and the acquisition of
security and emergency response equipment.
‘‘(2) Operating expenses.
‘‘(3) Infrastructure acquisition and construction
of track and facilities.
‘‘(4) Highway-rail grade crossing eliminations
and improvements.
‘‘(5) Acquisition of rights-of-way, locomotives,
rolling stock, track, and signal equipment.
‘‘(c) CRITERIA FOR DETERMINING ASSISTANCE FOR
IMPLEMENTATION ACTIVITIES.—The Secretary, in select-
ing recipients of assistance under subsection (a), shall—
‘‘(1) encourage the use of positive train control
technologies;
‘‘(2) require that any project meet any existing
safety regulations, and give preference to any project
determined by the Secretary to have particularly
high levels of safety;
‘‘(3) encourage intermodal connectivity by locat-
ing train stations in or near airports, bus terminals,
subway stations, ferry ports, and other modes of
transportation; and
‘‘(4) ensure a general regional balance in pro-
viding such assistance and avoid the concentration
of a disproportionate dedication of available financial
assistance resources to a single project or region of
the country.
‘‘(d) OPERATORS AND CERTAIN SERVICE PROVIDERS
DEEMED RAIL CARRIERS.—A person that conducts rail
operations, or performs catering, cleaning, construction,
maintenance or other services for rail operations, funded
or otherwise receiving assistance under this section is
deemed to be a rail carrier for purposes of part A of sub-
title IV, when so operating or performing such services.’’.
(b) RULEMAKING REQUIRED.—Within 90 days after
the date of enactment of this Act, the Secretary of Trans-
portation shall initiate a rulemaking to create an applica-
tion and qualification procedure for providing high-speed
rail corridor implementation assistance under section
26101A of title 49, United States Code.
(c) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 261 is amended by inserting after the item
relating to section 26101 the following:
‘‘26101A. Implementation of corridor plans.’’.
SEC. 204. DESIGNATED HIGH-SPEED RAIL CORRIDORS.
(a) IN GENERAL.—The Secretary of Transportation
shall give priority in allocating funds authorized by section
26104 of title 49, United States Code, to designated high-
speed rail corridors.
(b) DESIGNATED HIGH-SPEED RAIL CORRIDORS.—
For purposes of subsection (a), the following shall be con-
sidered to be designated high-speed rail corridors:
(1) California Corridor connecting the San
Francisco Bay area and Sacramento to Los Angeles
and San Diego.
(2) Chicago Hub Corridor Network with the fol-
lowing spokes:
(A) Chicago to Detroit.
(B) Chicago to Minneapolis/St. Paul, Min-
nesota, via Milwaukee, Wisconsin.
(C) Chicago to Kansas City, Missouri, via
Springfield, Illinois, and St. Louis, Missouri.
(D) Chicago to Louisville, Kentucky, via
Indianapolis, Indiana, and Cincinnati, Ohio.
(E) Chicago to Cleveland, Ohio, via Toledo,
Ohio.
(F) Cleveland, Ohio, to Cincinnati, Ohio,
via Columbus, Ohio.
(3) Empire State Corridor from New York City,
New York, through Albany, New York, to Buffalo,
New York.
(4) Florida High-Speed Rail Corridor from
Tampa through Orlando to Miami.
through Oklahoma City, Oklahoma, to Tulsa, Okla-
homa.
(11) Southeast Corridor from Washington, Dis-
trict of Columbia, through Richmond, Virginia, Ra-
leigh, North Carolina, Columbia, South Carolina,
Savannah, Georgia, and Jesup, Georgia, to Jackson-
ville, Florida, with—
(A) a branch from Raleigh, North Caro-
lina, through Charlotte, North Carolina, and
Greenville, South Carolina, to Atlanta, Georgia;
a branch from Richmond, to Hampton Roads/
Norfolk, Virginia;
(B) a branch from Charlotte, North Caro-
lina, to Columbia, South Carolina, to Charles-
ton, South Carolina;
(C) a connecting route from Atlanta, Geor-
gia, to Jesup, Georgia;
(D) a connecting route from Atlanta, Geor-
gia, to Charleston, South Carolina; and
(E) a branch from Raleigh, North Caro-
lina, through Fayetteville, North Carolina,
through Florence, South Carolina, to Charles-
ton, South Carolina, and Savannah, Georgia,
with a connecting route from Florence, South
Carolina, to Myrtle Beach, South Carolina.
(12) Southwest Corridor from Los Angeles,
California, to Las Vegas, Nevada.
(c) OTHER HIGH-SPEED RAIL CORRIDORS.—For
purposes of this section, subsection (b)—
(1) does not limit the term ‘‘designated high-
speed rail corridor’’ to those corridors described in
subsection (b); and
(2) does not limit the Secretary of Transpor-
tation’s authority—
(A) to designate additional high-speed rail
corridors; or
(B) to terminate the designation of any
high-speed rail corridor.
SEC. 205. LABOR STANDARDS.
(a) EMPLOYEE
PROTECTION.—The Secretary of
Transportation shall require as a condition of any project
financed in whole or in part by funds authorized by this
Act that the project be conducted in a manner that pro-
vides a fair arrangement at least as protective of the inter-
ests of employees who are affected by the project so fund-
ed as the terms imposed under arrangements reached
under section 141 of the Amtrak Reform and Account-
ability Act of 1997 (49 U.S.C. 24706 note) on rail car-
riers.
(b) LABOR STANDARDS.—
(1) PREVAILING
WAGES.—The Secretary of
Transportation—
(A) shall ensure that laborers and mechan-
ics employed by contractors and subcontractors
in construction work financed in whole or in
part by funds authorized by this Act will be
paid wages not less than those prevailing on
similar construction in the locality, as deter-
mined by the Secretary of Labor under the Act
of March 3, 1931 (known as the Davis-Bacon
Act; 40 U.S.C. 276a et seq.); and
(B) may make such funds available with
respect to construction work only after being
assured that required labor standards will be
maintained on the construction work.
(2) WAGE RATES.—Wage rates in a collective
bargaining agreement negotiated under the Railway
Labor Act (45 U.S.C. 151 et seq.) are deemed for
purposes of this subsection to comply with the Act
of March 3, 1931 (known as the Davis-Bacon Act;
40 U.S.C. 276a et seq.).
SEC. 206. RAILWAY-HIGHWAY CROSSINGS IN HIGH-SPEED
RAIL CORRIDORS.
(a) IN GENERAL.—Except as otherwise provided in
this section, the entire cost of construction of projects may
be paid from sums authorized by subsection (k) for the
elimination of hazards of railway-highway crossings in
designated high-speed rail corridors, including—
(1) the separation or protection of grades at
crossings;
(2) the reconstruction of existing railroad grade
crossing structures;
(3) the relocation of highways; and
(4) only if the cost is estimated by the Sec-
retary of Transportation to be less than the cost of
elimination by one of the other methods described in
this subsection, the relocation of a portion of a rail-
way.
(b) CLASSIFICATION OF PROJECTS.—The Secretary
may classify the various types of projects involved in the
elimination of hazards of high-speed rail corridor railway-
highway crossings, and may set for each such classifica-
tion a percentage of the costs of construction which shall
be deemed to represent the net benefit to the railroad or
railroads for the purpose of determining the railroad’s
share of the cost of construction. The percentage so deter-
mined shall in no case exceed 10 percent of such costs.
The Secretary shall determine the appropriate classifica-
tion of each project.
(c) LIABILITY OF RAILROAD.—Any railroad involved
in a project for the elimination of hazards of railway-high-
way crossings paid for in whole or in part from sums made
available under this section shall be liable to the United
States for the net benefit to the railroad determined under
the classification of such project made under subsection
(b). That liability to the United States may be discharged
by direct payment to the State transportation department
of the State in which the project is located. The payment
may consist in whole or in part of materials and labor
furnished by the railroad in connection with the construc-
tion of the project. If any such railroad fails to discharge
such liability within a 6-month period after completion of
the project the Secretary shall request the Attorney Gen-
eral to institute proceedings against such railroad for the
recovery of the amount for which it is liable under this
subsection. The Attorney General is authorized to bring
such proceedings on behalf of the United States, in the
appropriate district court of the United States, and the
United States shall be entitled in such proceedings to re-
cover such sums as it is considered and adjudged by the
court that such railroad is liable for in the premises.
(d) SURVEY AND SCHEDULE OF PROJECTS.—Each
State shall conduct and systematically maintain a survey
of all high-speed rail corridor railway-highway crossings
to identify those railroad crossings which may require sep-
aration, relocation, or protective devices, and establish and
implement a schedule of projects for this purpose.
(e) FUNDS FOR PROTECTIVE DEVICES.—The Sec-
retary shall give priority under this section to the elimi-
nation of high-speed rail corridor railway-highway grade
crossings, but shall make funds authorized for obligation
or expenditure under this section available for the installa-
tion of protective devices at high-speed rail corridor rail-
way-highway crossings where appropriate.
(f) APPORTIONMENT.—The Secretary shall apportion
funds available for obligation and expenditure under this
section between high-speed rail corridor railway-highway
crossings on the Northeast Corridor and such crossings
outside the Northeast Corridor in an equitable fashion,
taking into account traffic volume, traffic patterns, fre-
quency of trains, adequacy of existing hazard warnings,
and such other factors as the Secretary deems appro-
priate.
(g) ANNUAL REPORT.—The Secretary shall report to
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Transportation and Infrastructure not later than Decem-
ber 30 of each year on the progress being made to imple-
ment the railway-highway crossings program authorized
by this section and the effectiveness of such improvements.
Each report shall contain an assessment of the costs of
the various treatments employed and subsequent accident
experience at improved locations. The report shall
include—
(1) the number of projects undertaken, their
distribution by cost range, road system, nature of
treatment, and subsequent accident experience at
improved locations;
(2) an analysis and evaluation of the program
activities in each State, including identification of
any State found not to be in compliance with the
schedule of improvements required by subsection (d);
and
(3) recommendations for future implementation
of the railway-highway crossings program under this
section and section 130 of title 23, United States
Code.
(h) USE OF FUNDS FOR MATCHING.—Funds author-
ized to be appropriated to carry out this section may be
used to provide a local government with funds to be used
on a matching basis when State funds are available which
may only be spent when the local government produces
matching funds for the improvement of high-speed rail-
way-highway crossings.
(i) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING
CLOSURES.—
(1) IN GENERAL.—Notwithstanding any other
provision of this section and subject to paragraphs
(2) and (3), the Secretary may make incentive pay-
ments to a local government upon the permanent
closure by such government of public at-grade high-
speed rail corridor railway-highway crossings under
its jurisdiction.
(2) PAYMENTS BY RAILROADS.—The Secretary
may not make an incentive payment under para-
graph (1) to a local government with respect to the
closure of a crossing unless the railroad owning the
tracks on which the crossing is located makes a pay-
ment to the local government with respect to the clo-
sure.
(3) AMOUNT
OF
FEDERAL
INCENTIVE
PAY-
MENT.—The amount of the incentive payment pay-
able to a local government under paragraph (1) with
respect to a crossing may not exceed the lesser of—
(A) the amount of the payment paid to the
local government with respect to the crossing by
the railroad concerned under paragraph (2); or
(B) $7,500.
(j) COORDINATION WITH TITLE 23 PROGRAM.—In
carrying out this section, the Secretary shall coordinate
the administration of this section with the program estab-
lished by section 130 of title 23, United States Code, in
order to avoid duplication of effort and to ensure the effec-
tiveness of both programs.
(k) FUNDING.—Not less than 10 percent of the
amounts appropriated for each fiscal year under section
26104(a)(2) of title 49, United States Code, shall be obli-
gated or expended to carry out this section.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
Section 26104 is amended to read as follows:
‘‘§ 26104. Authorization of appropriations
‘‘(a) FISCAL YEARS 2003 THROUGH 2008.—There
are authorized to be appropriated to the Secretary for
each of fiscal years 2003 through 2008—
‘‘(1) $25,000,000 for carrying out section
26101;
‘‘(2) $1,500,000,000 for carrying out section
26101A and section 206 of the National Defense
Rail Act; and
‘‘(3) $25,000,000 for carrying out section
26102.
‘‘(b) FUNDS TO REMAIN AVAILABLE.—Funds made
available under this section shall remain available until ex-
pended.
‘‘(c) SPECIAL RULE.—Except as specifically provided
in section 26101, 26101A, or 26102, no amount author-
ized by subsection (a) may be used for obligation or ex-
penditure on the Boston-to-Washington segment of the
Northeast Corridor while that segment is receiving Fed-
eral funds for capital or operating expenses.’’.
TITLE III—NATIONAL RAILROAD
PASSENGER CORPORATION
SEC. 301. NATIONAL RAILROAD PASSENGER TRANSPOR-
TATION SYSTEM DEFINED.
(a) IN GENERAL.—Section 24102 is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and
(5) as paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so re-
designated the following:
‘‘(5) ‘national rail passenger transportation sys-
tem’ means—
‘‘(A) the main line of the Northeast Cor-
ridor between Boston, Massachusetts and
Washington, D.C.;
‘‘(B) rail corridors that have been des-
ignated by the Secretary of Transportation as
high-speed corridors, but only after they have
been improved to permit operation of high-
speed service;
‘‘(C) long-distance routes of more than
750 miles between endpoints operated by Am-
trak as of the date of enactment of the Na-
tional Defense Rail Act; and
‘‘(D) short-distance corridors or routes op-
erated as of the date of enactment of the Na-
tional Defense Rail Act, unless discontinued by
Amtrak.’’.
(b) AMTRAK ROUTES WITH STATE FUNDING.—
(1) IN GENERAL.—Chapter 247 is amended by
inserting after section 27101 the following:
‘‘§ 24702. Transportation requested by States, au-
thorities, and other persons
‘‘(a) CONTRACTS
FOR TRANSPORTATION.—Amtrak
and a State, a regional or local authority, or another per-
son may enter into a contract for Amtrak to operate an
intercity rail service or route not included in the national
rail passenger transportation system upon such terms as
the parties thereto may agree.
‘‘(b) DISCONTINUANCE.—Upon termination of a con-
tract entered into under this section, or the cessation of
financial support under such a contract, Amtrak may dis-
continue such service or route, notwithstanding any other
provision of law.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 247 is amended by inserting
after the item relating to section 24701 the fol-
lowing:
‘‘24702. Transportation requested by States, authorities, and other persons.’’.
SEC. 302. EXTENSION OF AUTHORIZATION.
(a) REPEAL OF SELF-SUFFICIENCY REQUIREMENTS.
(1) TITLE 49 AMENDMENTS.—Chapter 241 is
amended—
(A) by striking the last sentence of section
24101(d); and
(B) by striking the last sentence of section
24104(a).
(2) AMTRAK
REFORM
AND
ACCOUNTABILITY
ACT AMENDMENTS.—Title II of the Amtrak Reform
and Accountability Act of 1997 (49 U.S.C. 24101
nt) is amended by striking sections 204 and 205.
(3) COMMON STOCK REDEMPTION DATE.—Sec-
tion 415 of the Amtrak Reform and Accountability
Act of 1997 (49 U.S.C. 24304 nt) is amended by
striking subsection (b).
(b) LEASE ARRANGEMENTS.—Amtrak may obtain
lease services from the Administrator of General Services,
and the Administrator may provide services to Amtrak,
under section 201(b) and 211(b) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
481(b) and 491(b)) for fiscal year 2003 and each fiscal
year thereafter.
(c) MISCELLANEOUS
AMTRAK-RELATED
AMEND-
MENTS.—
(1) FINANCIAL POWERS.—Section 415(d) of the
Amtrak Reform and Accountability Act of 1997 is
amended by adding at the end the following:
‘‘(3) The amendments made by this subsection shall
not affect the applicability of section 3729 of title 31,
United States Code, to claims made against Amtrak.’’.
(2) APPLICATION OF D.C. BUSINESS CORPORA-
TION ACT.—Section 24301(e) is amended by striking
‘‘title 5, this part, and, to the extent consistent with
this part, the District of Columbia Business Cor-
poration Act (D.C. Code § 29–301 et seq.)’’ and in-
serting ‘‘title 5 and this part’’.
(3) APPLICATION OF BUY AMERICAN ACT.—Sec-
tion 24305(f) is amended to read as follows:
‘‘(f) DOMESTIC BUYING PREFERENCES.—The Buy
American Act (41 U.S.C. 10a) and section 301 of the
Trade Agreements Act of 1979 (19 U.S.C. 2511) apply
to Amtrak.’’.
SEC. 303. ADDITIONAL AMTRAK AUTHORIZATIONS.
(a) EXCESS RRTA.—There are authorized to be ap-
propriated to the Secretary of Transportation for the use
of Amtrak for fiscal year 2003, and each fiscal year there-
after, an amount equal to the amount Amtrak must pay
under section 3221 of the Internal Revenue Code of 1986
that is more than the amount needed for benefits for indi-
viduals who retire from Amtrak and for their beneficiaries.
(b) PRINCIPAL AND INTEREST PAYMENTS.—
(1) PRINCIPAL ON DEBT SERVICE.—There are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for retirement
of principal on loans for capital equipment, or cap-
ital leases, the following amounts:
(A) For fiscal year 2003, $105,000,000.
(B) For fiscal year 2004, $93,000,000.
(C) For fiscal year 2005, $105,000,000.
(D) For fiscal year 2006, $108,000,000.
(E) For fiscal year 2007, $183,000,000.
(2) INTEREST ON DEBT.—There are authorized
to be appropriated to the Secretary of Transpor-
tation for the use of Amtrak for the payment of in-
terest on loans for capital equipment, or capital
leases, the following amounts:
(A) For fiscal year 2003, $160,000,000.
(B) For fiscal year 2004, $157,000,000.
(C) For fiscal year 2005, $147,000,000.
(D) For fiscal year 2006, $142,000,000.
(E) For fiscal year 2007, $134,000,000.
(c) ENVIRONMENTAL COMPLIANCE.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation for the use of Amtrak for fiscal year 2003, and each
fiscal year thereafter, $30,000,000, of which one-third
shall be obligated or expended on the Northeast Corridor
and two-thirds shall be obligated or expended outside the
Northeast Corridor, in order to comply with environmental
laws and regulations.
(d) ACCESSIBILITY
FOR ELDERLY
AND PERSONS
WITH DISABILITIES.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Transportation for
the use of Amtrak for each of fiscal years 2003
through 2007 $43,000,000 to assist in improving ac-
cessibility for the elderly and people with disabilities
in Amtrak facilities and stations, including an initial
assessment of the full set of accessibility needs
across Amtrak’s system, of which—
(A) $10,000,000 shall be obligated or ex-
pended on the Northeast Corridor; and
(B) $33,000,000 shall be obligated or ex-
pended outside the Northeast Corridor.
(2) STUDY OF COMPLIANCE REQUIREMENTS AT
EXISTING INTERCITY RAIL STATIONS.—Amtrak shall
evaluate the improvements necessary to make all ex-
isting stations it serves readily accessible to and usa-
ble by individuals with disabilities, as required under
section 242(e)(2) of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua-
tion shall include the estimated cost of improve-
ments necessary, an identification of the persons fi-
nancially responsible (as defined in section 241(5) of
that Act (42 U.S.C. 12161(5))), and the earliest
practicable date when such improvements can be
made. Not later than September 30, 2004, Amtrak
shall transmit the results of the survey to the Com-
mittee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
SEC. 304. NORTHEAST CORRIDOR AUTHORIZATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of Transportation for the use of
Amtrak for fiscal year 2003, and each fiscal year there-
after, the following amounts:
(1) $370,000,000 for capital backlog on infra-
structure on the Northeast Corridor to bring infra-
structure up to state-of-good-repair, including re-
newal of the South End electric traction system, im-
provements on bridges and tunnels, and interlocking
and signal system renewal.
(2) $60,000,000 for capital backlog on fleet to
bring existing fleet to a state-of-good-repair, includ-
ing equipment replacement and upgrades necessary
to meet current service commitments.
(3) $40,000,000 for capital backlog on stations
and facilities, including improvements to the facility
and platform at the existing Penn Station, and
bringing maintenance-of-way facilities up to state-of-
good-repair.
(4) 
$350,000,000 
for 
ongoing 
capital
infrastructure—
(A) to replace assets on a life-cycle basis;
(B) to ensure that a state-of-good-repair is
maintained in order to meet safety and reli-
ability standards; and
(C) to meet current service commitments.
(5) $40,000,000 for ongoing capital fleet invest-
ment to sustain regularly scheduled maintenance, in-
cluding a 120-day cycle of preventive maintenance,
and heavy overhauls on a 4-year schedule, with inte-
rior enhancements as needed.
(6) $30,000,000 for ongoing capital improve-
ments to stations and facilities to provide for regular
upgrades to stations to meet current service needs,
and regular improvements to maintenance-of-equip-
ment and maintenance-of-way facilities.
(7) $20,000,000 for ongoing technology up-
grades of reservation, distribution, financial, and op-
erations systems, including hardware, software, in-
frastructure, and communications.
(b) LIFE SAFETY NEEDS.—There are authorized to
be appropriated to the Secretary of Transportation for the
use of Amtrak for fiscal year 2003:
(1) $798,000,000 for the 6 New York tunnels
built in 1910 to provide ventilation, electrical, and
fire safety technology upgrades, emergency commu-
nication and lighting systems, and emergency access
and egress for passengers.
(2) $57,000,000 for the Baltimore & Potomac
tunnel built in 1872 to provide adequate drainage,
need for the timely completion of all life safety portions
of the tunnel projects described in subsection (b)—
(1) consider the extent to which rail carriers
other than Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward
the costs of the projects; and
(3) obtain financial contributions or commit-
ments from such other rail carriers if feasible.
(f) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to this section shall remain available
until expended.
(g) REINVESTMENT OF NEC OPERATING PROFIT.—
Amtrak shall invest any revenue from operations in the
Northeast Corridor in capital needs of the corridor until
the backlog of capital improvements are completed under
Amtrak’s 20-year plan.
SEC. 305. LONG DISTANCE TRAINS.
(a) OPERATING COSTS.—There are authorized to be
appropriated to the Secretary of Transportation for the
use of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $360,000,000 for operating costs associated
with long distance trains.
(b) CAPITAL BACKLOG AND UPGRADES.—There are
authorized to be appropriated to the Secretary of Trans-
portation for the use of Amtrak for fiscal year 2003, and
each fiscal year thereafter, $70,000,000 to reduce the cap-
ital backlog and to bring its existing fleet of long distance
trains to a state-of-good-repair, including equipment re-
placement and upgrades necessary to meet current service
commitments.
(c) ONGOING CAPITAL INFRASTRUCTURE INVEST-
MENTS.—There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak for fis-
cal year 2003, and each fiscal year thereafter,
$80,000,000 for ongoing capital infrastructure relating to
long distance trains—
(1) to replace assets on a life-cycle basis;
(2) to ensure that a state-of-good-repair is
maintained in order to meet safety and reliability
standards;
(3) to meet current service commitments; and
(4) to provide funds for investment in partner
railroads to operate passenger service at currently
committed levels.
(d) CAPITAL FLEET NEEDS.—There are authorized
to be appropriated to the Secretary of Transportation for
the use of Amtrak for fiscal year 2003, and each fiscal
year thereafter, $50,000,000 for ongoing long distance
train capital fleet needs to sustain regularly scheduled
maintenance, including a 120-day cycle of preventive
maintenance, and heavy overhauls on a 4-year schedule,
with interior enhancements as needed.
(e) CAPITAL STATIONS AND FACILITIES.—There are
authorized to be appropriated to the Secretary of Trans-
portation for the use of Amtrak for fiscal year 2003, and
each fiscal year thereafter, $10,000,000 for ongoing cap-
ital stations and facilities needs to provide regular up-
grades to stations to meet current long distance train serv-
ice needs, and regular improvements to maintenance-of-
way equipment and maintenance-of-way facilities.
(f) TECHNOLOGY NEEDS.—There are authorized to
be appropriated to the Secretary of Transportation for the
use of Amtrak for fiscal year 2003, and each fiscal year
thereafter, $10,000,000 for ongoing technology needs to
upgrade long distance train reservation, distribution, fi-
nancial, and operations systems, including hardware, soft-
ware, infrastructure, and communications.
(g) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to this section shall remain available
until expended.
SEC. 306. SHORT DISTANCE TRAINS; STATE-SUPPORTED
ROUTES.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated to the Secretary of Transportation for the
use of Amtrak for fiscal year 2003, and each fiscal year
thereafter, for obligation and expenditure on short dis-
tance routes outside the Northeast Corridor—
(1) $20,000,000 for capital backlog on infra-
structure to bring infrastructure up to a state-of-
good-repair, including improvements on bridges and
tunnels that are approaching the end of their useful
life and interlocking and signal system renewal;
(2) $10,000,000 for capital backlog on its fleet
to bring Amtrak’s existing fleet as of the date of en-
actment of this Act to a state-of-good-repair, includ-
ing equipment replacement and upgrades necessary
to meet current service commitments;
(3) $170,000,000 for ongoing capital infra-
structure to replace assets on a life-cycle basis to en-
sure a state-of-good-repair is maintained in order to
meet safety and reliability standards needed to de-
liver current service commitments, including invest-
ment in partner railroads to operate passenger serv-
ice at currently committed levels;
(4) $40,000,000 for ongoing capital fleet needs
to sustain regularly scheduled maintenance, includ-
ing a 120-day cycle preventive maintenance sched-
ule, and heavy overhauls on a 4-year schedule, with
interior enhancements as needed;
(5) $10,000,000 for ongoing capital stations
and facilities needs to provide regular upgrades to
stations to meet current service needs, and regular
improvements to maintenance-of-way equipment and
maintenance-of-way facilities; and
(6) $20,000,000 for ongoing technology needs
to upgrade of reservation, distribution, financial, and
operations systems, including hardware, software, in-
frastructure and communications.
(b) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to this section shall remain available
until expended.
SEC. 307. REESTABLISHMENT OF NORTHEAST CORRIDOR
SAFETY COMMITTEE.
(a) REESTABLISHMENT OF NORTHEAST CORRIDOR
SAFETY COMMITTEE.—The Secretary of Transportation
shall reestablish the Northeast Corridor Safety Committee
authorized by section 24905(b) of title 49, United States
Code.
(b) TERMINATION DATE.—Section 24905(b)(4) is
amended by striking ‘‘January 1, 1999,’’ and inserting
‘‘January 1, 2008,’’.
SEC. 308. ON-TIME PERFORMANCE.
Section 24308 is amended by adding at the end the
following:
‘‘(f) ON-TIME PERFORMANCE.—If the on-time per-
formance of any intercity passenger train averages less
than 80 percent for any consecutive 3-month period, Am-
trak may petition the Surface Transportation Board to in-
vestigate whether, and to what extent, delays are due to
causes that could reasonably be addressed by a rail carrier
over the tracks of which the intercity passenger train oper-
ates, or by a regional authority providing commuter serv-
ice, if any. In carrying out such an investigation, the Sur-
face Transportation Board shall obtain information from
all parties involved and make recommendations regarding
reasonable measures to improve the on-time performance
of the train.’’.
SEC. 309. AMTRAK BOARD OF DIRECTORS.
(a) IN GENERAL.—Section 24302 is amended to read
as follows:
‘‘§ 24302. Board of directors
‘‘(a) COMPOSITION AND TERMS.—
‘‘(1) The board of directors of Amtrak is com-
posed of the following 9 directors:
‘‘(A) The President of Amtrak.
‘‘(B) The Secretary of Transportation.
‘‘(C) 7 individuals, each of whom must be
a citizen of the United States, appointed by the
President of the United States, by and with the
advice and consent of the Senate, with an inter-
est, experience, and qualifications in or directly
related to rail transportation, including rep-
resentatives of the passenger rail transpor-
tation, travel, and passenger air transportation
businesses, and consumers of passenger rail
transportation.
‘‘(2) An individual appointed under paragraph
(1)(C) of this subsection shall serve for 5 years or
until the individual’s successor is appointed and
qualified. Not more than 4 individuals appointed
under paragraph (1)(C) may be members of the
same political party.
‘‘(3) The board shall elect a chairman and a
vice chairman from among its membership. The vice
chairman shall serve as chairman in the absence of
the chairman.
‘‘(4) The Secretary may be represented at a
meeting of the board only by the Deputy Secretary
of Transportation, the Administrator of the Federal
Railroad Administration, or the General Counsel of
the Department of Transportation.
‘‘(b) PAY AND EXPENSES.—Each director not em-
ployed by the United States Government is entitled to
$300 a day when performing board duties and powers.
Each director is entitled to reimbursement for necessary
travel, reasonable secretarial and professional staff sup-
port, and subsistence expenses incurred in attending board
meetings.
‘‘(c) VACANCIES.—A vacancy on the board shall be
filled in the same way as the original selection, except that
an individual appointed by the President of the United
States under subsection (a)(1)(C) of this section to fill a
vacancy occurring before the end of the term for which
the predecessor of that individual was appointed shall be
appointed for the remainder of that term. A vacancy re-
quired to be filled by appointment under subsection
(a)(1)(C) shall be filled not later than 120 days after the
vacancy occurs.
‘‘(d) BYLAWS.—The board may adopt and amend by-
laws governing the operation of Amtrak. The bylaws shall
be consistent with this part and the articles of incorpora-
tion.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 2003. The
members of the Amtrak Reform Board may continue to
serve until 3 directors appointed by the President under
section 24302(a)(1)(C) of title 49, United States Code,
as amended by subsection (a), have qualified for office.
SEC. 310. INDEPENDENT AUDIT OF AMTRAK OPERATIONS;
REVIEW BY DOT IG.
(a) IN GENERAL.—Amtrak shall employ an inde-
pendent financial consultant—
(1) to assess its financial accounting and re-
porting system;
(2) to design and assist Amtrak in imple-
menting a modern financial accounting and report-
ing system, on the basis of the assessment, that will
produce accurate and timely financial information in
sufficient detail—
(A) to enable Amtrak to assign revenues
and expenses appropriately to each of its lines
of business activity; and
(B) to aggregate expenses and revenues re-
lated to infrastructure and distinguish them
from expenses and revenues related to rail oper-
ations.
(b) VERIFICATION OF SYSTEM; REPORT.—The In-
spector General of the Department of Transportation shall
review the accounting system designed and implemented
under subsection (a) to ensure that it accomplishes the
purposes for which it is intended. The Inspector General
shall report his findings and conclusions, together with
any recommendations, to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture.
(c) REVIEW OF FINANCIAL STATUS AND FUNDING
REQUIREMENTS BY DOT INSPECTOR GENERAL.—The In-
spector General of the Department of Transportation
shall, as part of the Department’s annual assessment of
Amtrak’s financial status and capital funding require-
ments, review the obligation and expenditure of funds
under each funding document, procedure, or arrangement
relating to such status and requirements to ensure that
the expenditure and obligation of those funds are con-
sistent with the purposes for which they are provided
under this Act.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak $2,500,000 for fis-
cal year 2003 to carry out subsection (a), such sums to
remain available until expended.
TITLE IV—MISCELLANEOUS
SEC. 401. REHABILITATION, IMPROVEMENT, AND SECURITY
FINANCING.
(a) DEFINITIONS.—Section 102(7) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 802(7)) is amended to read as follows:
‘‘(7) ‘railroad’ has the meaning given that term
in section 20102 of title 49, United States Code;
and’’.
(b) GENERAL AUTHORITY.—Section 502 of the Rail-
road Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822) is amended—
(1) by striking ‘‘Secretary may provide direct
loans and loan guarantees to State and local govern-
ments,’’ in subsection (a) and inserting ‘‘Secretary
shall provide direct loans and loan guarantees to
State and local governments, interstate compacts en-
tered into under section 410 of the Amtrak Reform
and Accountability Act of 1997 (49 U.S.C 24101
nt),’’;
(2) by striking ‘‘or’’ in subsection (b)(1)(B);
(3) by redesignating subparagraph (C) of sub-
section (b)(1) as subparagraph (D); and
(4) by inserting after subparagraph (B) of sub-
section (b)(1) the following:
‘‘(C) to acquire, improve, or rehabilitate
rail safety and security equipment and facilities;
or’’.
(c) EXTENT OF AUTHORITY.—Section 502(d) of the
Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822(d)) is amended—
(1) by striking ‘‘$3,500,000,000’’ and inserting
‘‘$35,000,000,000’’;
(2) by striking ‘‘$1,000,000,000’’ and inserting
‘‘$7,000,000,000’’; and
(3) by adding at the end the following new sen-
tence: ‘‘The Secretary shall not establish any limit
on the proportion of the unused amount authorized
under this subsection that may be used for 1 loan
or loan guarantee.’’.
(d) COHORTS OF LOANS.—Section 502(f) of the Rail-
road Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822(f)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D);
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by adding after subparagraph (D) the
following new subparagraph:
‘‘(E) the size and characteristics of the co-
hort of which the loan or loan guarantee is a
member; and’’; and
(2) by adding at the end of paragraph (4) the
following: ‘‘A cohort may include loans and loan
guarantees. The Secretary shall not establish any
limit on the proportion of a cohort that may be used
for 1 loan or loan guarantee.’’.
(e) CONDITIONS OF ASSISTANCE.—Section 502 of the
Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822) is amended—
(1) 
by 
striking 
‘‘offered;’’ 
in 
subsection
(f)(2)(A) and inserting ‘‘offered, if any;’’and
(2) by adding at the end of subsection (h) the
following:
‘‘The Secretary shall not require an applicant for a direct
loan or loan guarantee under this section to provide collat-
eral. The Secretary shall not require that an applicant for
a direct loan or loan guarantee under this section have
previously sought the financial assistance requested from
another source. The Secretary shall require recipients of
direct loans or loan guarantees under this section to apply
the standards of section 22301(b) and (c) of title 49,
United States Code, to their projects.’’.
(f) TIME LIMIT FOR APPROVAL OR DISAPPROVAL.—
Section 502 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822) is amended by add-
ing at the end the following:
‘‘(i) TIME LIMIT FOR APPROVAL OR DISAPPROVAL.—
Not later than 180 days after receiving a complete appli-
cation for a direct loan or loan guarantee under this sec-
tion, the Secretary shall approve or disapprove the applica-
tion.’’.
(g) FEES AND CHARGES.—Section 503 of the Rail-
road Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 823) is amended—
(1) by adding at the end of subsection (k) the
following: ‘‘Funds received by the Secretary under
the preceding sentence shall be credited to the ap-
propriation from which the expenses of making such
appraisals, determinations, and findings were in-
curred.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(l) FEES AND CHARGES.—Except as provided in
this title, the Secretary may not assess any fees, including
user fees, or charges in connection with a direct loan or
loan guarantee provided under section 502.’’.
(h) SUBSTANTIVE CRITERIA AND STANDARDS.—Not
later than 30 days after the date of the enactment of this
Act, the Secretary of Transportation shall publish in the
Federal Register and post on the Department of Trans-
portation website the substantive criteria and standards
used by the Secretary to determine whether to approve
or disapprove applications submitted under section 502 of
the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822).
(i) OPERATORS AND SERVICE PROVIDERS DEEMED
RAIL CARRIERS.—Section 502 of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (45 U.S.C. 822),
as amended by subsection (f), is further amended by add-
ing at the end the following:
‘‘(j) OPERATORS AND CERTAIN SERVICE PROVIDERS
DEEMED RAIL CARRIERS.—A person that conducts rail
operations, or performs catering, cleaning, construction,
maintenance, or other services for rail operations, funded
or otherwise receiving assistance under this section is
deemed to be a rail carrier for purposes of part A of sub-
title IV of title 49, United States Code, when so operating
or performing such services.’’.
SEC. 402. RAIL PASSENGER COOPERATIVE RESEARCH PRO-
GRAM.
(a) IN GENERAL.—Chapter 249 is amended by add-
ing at the end the following:
‘‘§ 24910. Passenger rail cooperative research pro-
gram
‘‘(a) IN GENERAL.— The Secretary of Transpor-
tation shall establish and carry out a rail passenger coop-
erative research program. The program shall—
‘‘(1) address, among other matters, intercity
rail passenger services, including existing rail pas-
senger technologies and speeds, incrementally en-
hanced rail systems and infrastructure, and new
high-speed wheel-on-rail systems;
‘‘(2) give consideration to research on com-
muter rail, regional rail, freight rail, and other
modes of rail transportation that may affect rail
passenger transportation due to the interconnected-
ness of the rail passenger network with other rail
transportation services; and
‘‘(3) give consideration to regional concerns re-
garding rail passenger transportation, including
meeting research needs common to designated high-
speed corridors, long-distance rail services, and re-
gional intercity rail corridors, projects, and entities.
‘‘(b) CONTENTS.—The program to be carried out
under this section shall include research designed—
‘‘(1) to develop more accurate models for evalu-
ating the indirect effects of rail passenger service,
including the effects on highway and airport and air-
way congestion, environmental quality, and energy
consumption;
‘‘(2) to develop a better understanding of modal
choice as it affects rail passenger transportation, in-
cluding development of better models to predict rid-
ership;
‘‘(3) to recommend priorities for technology
demonstration and development;
‘‘(4) to meet additional priorities as determined
by the advisory board established under subsection
(c);
‘‘(5) to explore improvements in management,
financing, and institutional structures;
‘‘(6) to address rail capacity constraints that
affect passenger rail service through a wide variety
of options, ranging from operating improvements to
dedicated new infrastructure, taking into account
the impact of such options on freight and commuter
rail operations; and
‘‘(7) to improve maintenance, operations, cus-
tomer service, or other aspects of existing intercity
rail passenger service existing in 2002.
‘‘(c) ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—In consultation with
the heads of appropriate Federal departments and
agencies, the Secretary shall establish an advisory
board to recommend research, technology, and tech-
nology transfer activities related to rail passenger
transportation.
‘‘(2) MEMBERSHIP.—The advisory board shall
include—
‘‘(A) representatives of State transpor-
tation agencies;
‘‘(B) transportation and environmental
economists, scientists, and engineers; and
‘‘(C) representatives of Amtrak, the Alaska
Railroad, transit operating agencies, intercity
rail passenger agencies, railway labor organiza-
tions, and environmental organizations.
‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec-
retary may make grants to, and enter into cooperative
agreements with, the National Academy of Sciences to
carry out such activities relating to the research, tech-
nology, and technology transfer activities described in sub-
section (b) as the Secretary deems appropriate.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 249 is amended by adding at the end the
following:
‘‘24910. Passenger rail cooperative research program.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of
Transportation $5,000,000 for fiscal year 2003, and each
fiscal year thereafter, to carry out section 24910 of title
49, United States Code.
SEC. 403. CONFORMING AMENDMENTS TO TITLE 49 RE-
FLECTING ICC TERMINATION ACT.
(a) SECTION 307.—
(1) Section 307 is amended—
(A) by striking ‘‘Interstate Com-
merce Commission’’ in the section heading
and inserting ‘‘Surface Transportation
Board’’;
(B) by striking ‘‘Interstate Commerce
Commission’’ in subsection (a) and inserting
‘‘Surface Transportation Board’’; and
(C) by striking ‘‘Commission’’ each place it
appears and inserting ‘‘Board’’.
(2) The chapter analysis for chapter 3 is
amended by striking the item relating to section 307
and inserting the following:
‘‘307. Safety information and intervention in Surface Transportation Board pro-
ceedings.’’.
(b) SECTION 333.—Section 333 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ each place it appears and inserting ‘‘Surface
Transportation Board’’; and
(2) by striking ‘‘Commission’’ in subsection (c)
and inserting ‘‘Board’’.
(c) SECTION 351.—Section 351(c) is amended by
striking ‘‘Interstate Commerce Commission’’ and inserting
‘‘Surface Transportation Board’’.
(d) SECTION 24307.—Section 24307(b)(3) is amend-
ed by striking ‘‘Interstate Commerce Commission’’ and in-
serting ‘‘Surface Transportation Board’’.
(e) SECTION 24308.—Section 24308 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (a)(2)(A) and inserting ‘‘Surface
Transportation Board’’; and
(2) by striking ‘‘Commission’’ each place it ap-
pears in subsections (a), (b), and (e)(3) and insert-
ing ‘‘Board’’.
(f) SECTION 24311.—Section 24311 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (c)(1) and inserting ‘‘Surface
Transportation Board’’; and
(2) by striking ‘‘Commission’’ each place it ap-
pears in subsection (c) and inserting ‘‘Board’’.
(g) SECTION 24902.—Section 24902 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsections (g)(2) and (g)(3) and inserting
‘‘Surface Transportation Board’’; and
(2) by striking ‘‘Commission’’ each place it ap-
pears in subsections (g)(2) and (g)(3) and inserting
‘‘Board’’.
(h) SECTION 24904.—Section 24904 is amended—
(1) by striking ‘‘Interstate Commerce Commis-
sion’’ in subsection (c)(2) and inserting ‘‘Surface
Transportation Board’’; and
(2) by striking ‘‘Commission’’ each place it ap-
pears in subsection (c) and inserting ‘‘Board’’.
SEC. 404. APPLICABILITY OF REVERSION TO ALASKA RAIL-
ROAD RIGHT-OF-WAY PROPERTY.
Section 610(b) of the Alaska Railroad Transfer Act
of 1982 (45 U.S.C. 1209(b)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following new
paragraph:
‘‘(2)(A) The State-owned railroad may convey all
right, title, and interest of the State in any land within
the right-of-way to a third party in exchange for other
land that, in substitution for the land conveyed, is to be
utilized as part of the right-of-way if the continuity of the
right-of-way corridor for transportation, communications,
and transmission purposes is provided by such use of the
substituted land.
‘‘(B) The provisions of this section that require rever-
sion shall apply to the substituted land, as of the effective
date of the exchange of that land in a transaction author-
ized by subparagraph (A), as fully as if the substituted
land had been rail properties of the Alaska Railroad as
of January 13, 1983.
‘‘(C) Upon the conveyance of land in a transaction
authorized by subparagraph (A), any reversionary interest
in the land under this section shall terminate.’’.
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