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 Massachu-
setts, 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 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. 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
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 
$78,000,000,000. 
(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 
$25,000,000,000 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 
$25,000,000,000 in public subsidies; during that pe-
riod, 
the 
United 
States 
invested 
over 
$570,000,000,000 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 $2,800,000,000 of the 
$5,300,000,000 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 reevaluation 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. RAIL TRANSPORTATION SECURITY RISK ASSESS-
MENT. 
(a) IN GENERAL.—
(1) ASSESSMENT.—The Secretary of Homeland 
Security, in consultation with the Secretary of 
Transportation, shall assess the security risks asso-
ciated with freight and intercity passenger rail 
transportation and develop prioritized recommenda-
tions for—
(A) improving the security of rail infra-
structure and facilities, terminals, tunnels, rail 
bridges, rail switching areas, and other areas 
identified by the Secretary of Homeland Secu-
rity as posing significant rail-related risks to 
public safety and the movement of interstate 
commerce, taking into account the impact that 
any proposed security measure might have on 
the provision of rail service;
(B) deploying chemical and biological 
weapon detection equipment; 
(C) training employees in terrorism re-
sponse activities; and 
(D) identifying the immediate and long-
term economic impact of measures that may be 
required to address those risks. 
(2) EXISTING
PRIVATE
AND
PUBLIC
SECTOR 
EFFORTS.—The assessment shall include a review of 
any actions already taken or prospective actions nec-
essary to address identified security issues by both 
public and private entities. 
(3) RAILROAD
CROSSING
DELAYS.—The Sec-
retary of Homeland Security shall include in the as-
sessment an analysis of the risks to public safety 
and to the security of rail transportation that are as-
sociated with long delays in the movement of trains 
that have stopped on railroad grade crossings of 
highways, streets, and other roads for motor vehicle 
traffic, especially in major metropolitan areas. The 
Secretary of Homeland Security 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 of Homeland Security shall 
consult with rail management, rail labor, facility owners 
and operators, and public safety officials (including offi-
cials responsible for responding to emergencies). 
(c) REPORT.—
(1) CONTENTS.—Within 180 days after the 
date of enactment of this Act, the Secretary of 
Homeland Security shall transmit to the Senate 
Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee 
on Transportation and Infrastructure a report, with-
out compromising national security, containing the 
assessment and prioritized recommendations re-
quired by subsection (a). 
(2) FORMAT.—The Secretary of Homeland Se-
curity may submit the report in both classified and 
redacted formats if the Secretary of Homeland Secu-
rity determines that such action is appropriate or 
necessary. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security $515,000,000 for fiscal year 2004 to 
carry out this section, implement the measures contained
in the Secretary’s prioritized recommendations, and award 
grants for purposes identified in the assessment in sub-
section (a), such sums to remain available until expended. 
SEC. 102. RAIL SECURITY. 
(a) RAIL POLICE OFFICERS.—Section 28101 is 
amended by striking ‘‘the rail carrier’’ each place it ap-
pears and inserting ‘‘any rail carrier’’. 
(b) REVIEW OF RAIL REGULATIONS.—Within 180 
days after the date of enactment of this Act, the Secretary 
of Transportation, in consultation with the Department of 
Homeland Security, shall review existing rail regulations 
of the Department of Transportation for the purpose of 
identifying areas in which those regulations need to be re-
vised to improve rail safety and security. 
SEC. 103. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 
PROGRAMS. 
(a) REQUIREMENT FOR STUDY.—Not later than De-
cember 1, 2004, 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. 104. PASSENGER, BAGGAGE, AND CARGO SCREENING. 
(a) REQUIREMENT FOR STUDY AND REPORT.—The 
Secretary of Homeland Security 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. 105. CERTAIN PERSONNEL LIMITATIONS NOT TO 
APPLY. 
Any statutory limitation on the number of employees 
in the Transportation Security Administration of the De-
partment of Transportation, before or after its transfer 
to the Department of Homeland Security, does not apply 
to the extent that any such employees are responsible for 
implementing the provisions of this title. 
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, 2003.’’. 
(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, 2003,’’. 
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 permit, but may not require, a por-
tion of the publicly financed costs associated with el-
igible activities to come from non-Federal sources. 
‘‘(4) PRIORITIES TO CHICAGO, ATLANTA, DAL-
LAS/FORT WORTH, PORTLAND, AND ORLANDO.—In 
determining projects to be undertaken pursuant to 
this subsection, the Secretary shall give the highest 
priorities to undertaking planning in the vicinity of 
Union Station in Chicago, Illinois, in metropolitan 
Atlanta, Georgia, in the Dallas/Fort Worth, Texas, 
area, in the Portland, Oregon, area, and on the Or-
lando Corridor in Florida.’’.
(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.’’; and 
(4) by striking subsection (c)(14). 
(c) 
CONFORMING
AMENDMENT.—Section 
26105(2)(A) is amended by striking ‘‘more than 125 miles 
per hour;’’ and inserting ‘‘90 miles per hour or more;’’. 
(d) FINANCIAL ASSISTANCE TO INCLUDE LOANS 
AND LOAN GUARANTEES.—Section 26105(1) is amended 
by inserting ‘‘loans, loan guarantees,’’ after ‘‘contracts,’’. 
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 groups 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 permit, but may not require, a portion 
of the publicly financed costs associated with eligible 
activities 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, DAL-
LAS/FORT WORTH, PORTLAND, AND ORLANDO.—In 
determining projects to be undertaken pursuant to 
this subsection, the Secretary shall give the highest 
priorities to undertaking implementation assistance 
in the vicinity of Union Station in Chicago, Illinois, 
in metropolitan Atlanta, Georgia, in the Dallas/Fort 
Worth, Texas, area, in the Portland, Oregon, area, 
and on the Orlando Corridor in Florida. 
‘‘(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; 
‘‘(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; and 
‘‘(5) ensure that any project is compatible with, 
and operated in conformance with, plans developed 
pursuant to the requirements of sections 134 and 
135 of title 23, United States Code. 
‘‘(d) OPERATORS DEEMED RAIL CARRIERS.—A per-
son that conducts rail operations funded or otherwise re-
ceiving assistance under this section is deemed to be a rail 
carrier for purposes of part A of subtitle IV, when con-
ducting such operations. 
‘‘(e) DOMESTIC BUYING PREFERENCES.—
‘‘(1) IN GENERAL.—In carrying out a project 
assisted under this section, a recipient shall buy 
only— 
‘‘(A) unmanufactured articles, material, 
and supplies mined or produced in the United 
States; or 
‘‘(B) manufactured articles, material, and 
supplies manufactured in the United States
substantially from articles, material, and sup-
plies mined, produced, or manufactured in the 
United States. 
‘‘(2) DE MINIMIS AMOUNT.—Paragraph (1) of 
this subsection applies only when the cost of those 
articles, material, or supplies bought is at least 
$1,000,000. 
‘‘(3) EXEMPTIONS.—On application of a recipi-
ent, the Secretary of Transportation may exempt a 
recipient from the requirements of this subsection if 
the Secretary decides that, for particular articles, 
material, or supplies— 
‘‘(A) the requirements of paragraph (1) of 
this subsection are inconsistent with the public 
interest; 
‘‘(B) the cost of imposing those require-
ments is unreasonable; or 
‘‘(C) the articles, material, or supplies, or 
the articles, material, or supplies from which 
they are manufactured, are not mined, pro-
duced, or manufactured in the United States in 
sufficient and reasonably available commercial 
quantities, or if so mined, produced, or manu-
factured, are not of a satisfactory quality.
‘‘(4) UNITED STATES DEFINED.—In this sub-
section, the term ‘the United States’ means the 
States, Commonwealths, territories, and possessions 
of the United States and the District of Columbia. 
‘‘(f) SECTION DOES NOT APPLY TO CERTAIN RAIL 
OPERATIONS.—Nothing in this section applies to—
‘‘(1) commuter rail passenger transportation 
(as defined in section 24102(4)) operations of a 
State or local government authority (as those terms 
are defined in section 5302) eligible to receive finan-
cial assistance under section 5307, or to its con-
tractor performing services in connection with com-
muter rail passenger operations (as so defined); or 
‘‘(2) the Alaska Railroad or its contractors.’’. 
(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) PROCEDURES FOR GRANT AWARD.—Within 90 
days after the date of enactment of this Act, the Secretary 
of Transportation shall initiate a rulemaking to create 
procedures for the awarding of implementation assistance 
under section 26101A of title 49, United States Code. The
procedures shall provide for the execution of a full funding 
grant agreement between the applicant and the govern-
ment. 
(d) COMPETITIVE BIDDING ON HIGH-SPEED RAIL 
ROUTES.—The Secretary of Transportation shall not pro-
vide funding to a State or group of States and other public 
agencies promoting a high-speed rail project under the 
provisions of section 26101A of title 49, United States 
Code, unless the State or group has provided for competi-
tive bidding for the project in accordance with the Uni-
form Administrative Requirements for Grants and Cooper-
ative Agreements to State and Local Governments (49 
CFR section 18.36). Within 180 days after the date of 
enactment of this Act, the Secretary, in consultation with 
the States or groups of States and other public agencies, 
shall issue criteria for the services to which the competitive 
bidding required by this subsection applies. A train oper-
ator operating service with assistance provided under sec-
tion 26101A of title 49, United States Code, is deemed 
to be a rail carrier for purposes of part A of subtitle IV 
of title 49, United States Code, when operating such serv-
ice. 
(e) 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. 
(5) Gulf Coast Corridor from Houston, Texas, 
through New Orleans, Louisiana, to Mobile, Ala-
bama, with a branch from New Orleans, through 
Meridian, Mississippi, and Birmingham, Alabama, to 
Atlanta, Georgia. 
(6) Keystone Corridor from Philadelphia, Penn-
sylvania, through Harrisburg, Pennsylvania, to 
Pittsburgh, Pennsylvania. 
(7) Northeast Corridor from Washington, Dis-
trict of Columbia, through New York City, New 
York, New Haven, Connecticut, and Providence, 
Rhode Island, to Boston, Massachusetts, with a 
branch from New Haven, Connecticut, to Spring-
field, Massachusetts. 
(8) New England Corridor from Boston, Massa-
chusetts, to Portland and Auburn, Maine, and from 
Boston, Massachusetts, through Concord, New 
Hampshire, and Montpelier, Vermont, to Montreal, 
Quebec.
(9) Pacific Northwest Corridor from Eugene, 
Oregon, through Portland, Oregon, and Seattle, 
Washington, to Vancouver, British Columbia. 
(10) South Central Corridor from San Antonio, 
Texas, through Dallas / Fort Worth to Little Rock, 
Arkansas, with a branch from Dallas / Fort Worth 
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, and 
Florence, South Carolina, to Charleston, South 
Carolina, and Savannah, Georgia, with a con-
necting 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) CURRENT EMPLOYEE PROTECTIONS.—Nothing 
in this title, or in any amendment made by this title, shall 
affect the level of protection provided to freight railroad 
employees, employees of the National Passenger Railroad
Corporation, and mass transportation employees as it ex-
isted on the day before the date of enactment of this Act. 
(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 title or by any 
amendment made by this title will be paid 
wages not less than those prevailing on similar 
construction in the locality, as determined 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.).
(3) EMPLOYEE PROTECTION.—The Secretary of 
Transportation shall require as a condition of any 
project financed in whole or in part by funds author-
ized by this title that the project be conducted in a 
manner that provides a fair arrangement at least as 
protective of the interests of employees who are af-
fected by the project so funded as the terms imposed 
under arrangements reached under section 141 of 
the Amtrak Reform and Accountability Act of 1997 
(49 U.S.C. 24706 note).
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 for 
the elimination of hazards of railway-highway crossings in 
high-speed rail corridors designated under section 204(b), 
including the separation or protection of grades at cross-
ings, the reconstruction of existing railroad grade crossing 
structures, and the relocation of highways to eliminate 
grade crossings, may be paid from sums described in sub-
section (j). 
(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 per cent 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, if the State 
uses the payment for that project. The payment may con-
sist in whole or in part of materials and labor furnished 
by the railroad in connection with the construction of the 
project. If any such railroad fails to discharge such liabil-
ity within a 6-month period after completion of the 
project, the Secretary shall request the Attorney General 
to institute proceedings against such railroad for the re-
covery of the amount for which it is liable under this sub-
section. The Attorney General is authorized to bring such
proceedings on behalf of the United States, in the appro-
priate district court of the United States, and the United 
States shall be entitled in such proceedings to recover 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.—For 
purposes of this section, each State shall utilize the survey 
it is required to conduct and maintain under section 130 
of title 23, United States Code, to identify those high-
speed rail corridor railway-highway crossings that may re-
quire separation, relocation, or protective devices. 
(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) 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 in-
clude—
(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. 
(g) 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.
(h) 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 or 
operating the tracks on which the crossing is located 
makes a payment to the local government with re-
spect to the closure.
(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 
government with respect to the crossing by the 
railroad concerned under paragraph (2); or 
(B) $7,500.
(i) 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. 
(j) FUNDING.—Not less than 10 percent of the 
amounts appropriated for each fiscal year to carry out sec-
tion 26101A shall be obligated 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 2004 THROUGH 2008.—There 
are authorized to be appropriated to the Secretary for 
each of fiscal years 2004 through 2008—
‘‘(1) $25,000,000 for carrying out section 
26101; 
‘‘(2) $1,500,000,000 for carrying out section 
26101A, including amounts set aside under section 
206(j) of the National Defense Rail Act to carry out 
section 206 of that 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 main line of the Northeast Corridor be-
tween Boston, Massachusetts, and Washington, D.C., 
while that segment is receiving Federal 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 by Amtrak as of the date of enactment 
of the National Defense Rail Act, unless discon-
tinued by Amtrak.’’. 
(b) AMTRAK ROUTES WITH STATE FUNDING.—
(1) IN GENERAL.—Chapter 247 is amended by 
inserting after section 24701 the following: 
‘‘§ 24702. Transportation requested by States, 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.’’.
(c) AMTRAK TO CONTINUE TO PROVIDE NON HIGH-
SPEED SERVICES.—Nothing in this Act is intended to pre-
clude Amtrak from restoring, improving, or developing 
non-high-speed intercity rail passenger transportation. 
SEC. 302. AMTRAK AUTHORIZATIONS. 
(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 lease services to Am-
trak, 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 each of fiscal years 2004 
through 2008. 
(c) FINANCIAL POWERS.—Section 415(d) of the Am-
trak 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.’’. 
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 each of fiscal years 2004 through 2008 an 
amount equal to the amount Amtrak must pay under sec-
tion 3221 of the Internal Revenue Code of 1986 that is 
more than the amount needed for benefits for individuals 
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 2004, $116,400,000. 
(B) For fiscal year 2005, $109,400,000. 
(C) For fiscal year 2006, $114,400,000.
(D) For fiscal year 2007, $202,800,000. 
(E) For fiscal year 2008, $164,500,000. 
(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 2004, $163,300,000. 
(B) For fiscal year 2005, $153,000,000. 
(C) For fiscal year 2006, $148,400,000. 
(D) For fiscal year 2007, $139,000,000. 
(E) For fiscal year 2008, $130,000,000. 
(c) ENVIRONMENTAL COMPLIANCE.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation for the use of Amtrak for each of fiscal years 2004 
through 2008 $30,000,000, of which one-third shall be ob-
ligated or expended on the Northeast Corridor and two-
thirds shall be obligated or expended outside the North-
east 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 2004 
through 2008, $43,000,000 to assist in improving 
accessibility for the elderly and people with disabil-
ities in Amtrak facilities and stations, including an 
initial assessment of the full set of accessibility 
needs across the national rail passenger transpor-
tation system, of which—
(A) $10,000,000 for each fiscal year shall 
be obligated or expended on the Northeast Cor-
ridor; and 
(B) $33,000,000 for each fiscal year shall 
be obligated or expended 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 by 
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 the improve-
ments necessary, the identification of the responsible 
person (as defined in section 241(5) of that Act (42 
U.S.C. 12161(5))), and the earliest practicable date 
when such improvements can be made. Amtrak shall 
submit the survey to the Senate Committee on Com-
merce, Science, and Transportation, the House of 
Representatives Committee on Transportation and 
Infrastructure, and the National Council on Dis-
ability by September 30, 2005, along with rec-
ommendations for funding the necessary improve-
ments. 
(e) REINVESTMENT OF NET REVENUES FROM NON-
PASSENGER OPERATIONS.—Amtrak shall apply any net 
revenues from nonpassenger operations to the railroad’s 
working capital for use in satisfying systemwide current 
liabilities. When Amtrak’s working capital has improved 
to the point at which Amtrak’s liquid assets are sufficient 
to satisfy projected short-term liabilities, Amtrak shall in-
vest any excess net nonpassenger revenues in high priority 
capital projects.
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 each of fiscal years 2004 through 2008 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 infra-
structure—
(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 2004: 
(1) $677,000,000 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,
ventilation, communication, lighting, and passenger 
egress upgrades. 
(3) $40,000,000 for the Washington, D.C. 
Union Station tunnels built in 1904 under the Su-
preme Court and House and Senate Office Buildings 
to improve ventilation, communication, lighting, and 
passenger egress upgrades.
(c) INFRASTRUCTURE UPGRADES.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation for the use of Amtrak for fiscal year 2004 
$3,000,000 for the preliminary design of options for a new 
tunnel on a different alignment to augment the capacity 
of the existing Baltimore tunnels. 
(d) CORRIDOR GROWTH INVESTMENT.—There are 
authorized to be appropriated to the Secretary of Trans-
portation for the use of Amtrak for corridor growth invest-
ments in the Northeast Corridor the following amounts: 
(1) For fiscal year 2004, $200,000,000. 
(2) For fiscal year 2005, $300,000,000. 
(3) For fiscal year 2006, $400,000,000. 
(4) For fiscal year 2007, $500,000,000. 
(5) For fiscal year 2008, $600,000,000. 
(e) FINANCIAL CONTRIBUTION FROM OTHER TUN-
NEL USERS.—The Secretary shall, taking into account the
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 NORTHEAST CORRIDOR NET 
OPERATING REVENUES.—Amtrak shall invest any net 
revenue generated from core passenger operations in the 
Northeast Corridor in capital needs of the corridor until 
the backlog of capital improvements is completed under 
Amtrak’s 20-year capital 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 each of fiscal years 2004 through 2008 
$360,000,000 for operating costs associated with long-dis-
tance trains.
tain regularly scheduled long-distance train maintenance, 
including a 120-day cycle of preventive maintenance, and 
heavy overhauls on a 4-year schedule, with interior en-
hancements 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 each of fiscal years 
2004 through 2008 $10,000,000 for ongoing capital sta-
tions and facilities needs to provide regular upgrades to 
stations to meet current long-distance train service needs, 
and regular improvements to maintenance-of-way equip-
ment 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 each of fiscal years 2004 through 2008 
$10,000,000 for ongoing long-distance train-related tech-
nology needs to upgrade reservation, distribution, finan-
cial, 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) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of Transportation for the use of 
Amtrak for each of fiscal years 2004 through 2008, for 
obligation and expenditure on short-distance train 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 composed of the following 9 direc-
tors: 
‘‘(A) The President of Amtrak. 
‘‘(B) The Secretary of Transportation.
‘‘(C) 7 individuals, each of whom must be a cit-
izen of the United States, appointed by the Presi-
dent of the United States, by and with the advice 
and consent of the Senate, with an interest, experi-
ence, and qualifications in or directly related to rail 
transportation, including representatives of freight 
and passenger rail transportation, travel, and pas-
senger air transportation businesses, consumers of 
passenger rail transportation, and State government. 
‘‘(2) An individual appointed under paragraph (1)(C) 
of this subsection shall serve for 5 years or until the indi-
vidual’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 board 
meetings by the Secretary’s designee. 
‘‘(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.
‘‘(e) CONFLICTS OF INTEREST.—Subparts D, E, and 
F of part 2635 of title 5, Code of Federal Regulations, 
shall apply to members of the board of directors during 
their term of office in the same manner as if they were 
employees of an executive agency (as defined in section 
105 of title 5, United States Code).’’. 
(b) CONFORMING AMENDMENT TO APPLY SAME 
STANDARD TO OFFICERS.—Section 24303(c) is amended 
to read as follows:
‘‘(c) CONFLICTS OF INTEREST.—Subparts D, E, and 
F of part 2635 of title 5, Code of Federal Regulations, 
shall apply to officers when employed by Amtrak in the 
same manner as if they were employees of an executive 
agency (as defined in section 105 of title 5, United States 
Code).’’. 
(c) EFFECTIVE
DATE
FOR
DIRECTORS’ PROVI-
SION.—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 ap-
pointed 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. ESTABLISHMENT OF FINANCIAL ACCOUNTING 
SYSTEM FOR AMTRAK OPERATIONS BY INDE-
PENDENT AUDITOR. 
(a) IN GENERAL.—The Inspector General of the De-
partment of Transportation shall employ an independent 
financial consultant—
(1) to assess Amtrak’s financial accounting and 
reporting system and practices; 
(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 and to each major activity within 
each line of business, including train operations, 
equipment maintenance, ticketing, and reserva-
tions;
(B) to aggregate expenses and revenues re-
lated to infrastructure and distinguish them 
from expenses and revenues related to rail oper-
ations; and 
(C) to provide ticketing and reservation in-
formation on a real-time basis. 
(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) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation $2,500,000 for fiscal year 2004 to carry 
out subsection (a), such sums to remain available until 
expended. 
SEC. 311. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN. 
(a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—
The Amtrak board of directors shall submit an annual 
budget for Amtrak, and a 5-year financial plan for the 
fiscal year to which that budget relates and the subsequent 
4 years, prepared in accordance with this section, to the 
Secretary of Transportation and the Inspector General of 
the Department of Transportation no later than—
(1) the first day of each fiscal year beginning 
after the date of enactment of this Act; or 
(2) the date that is 60 days after the date of 
enactment of the appropriation Act appropriating 
funds for Amtrak for the fiscal year, if later. 
(b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 
5-year financial plan for Amtrak shall include, at a min-
imum—
(1) all projected revenues and expenditures for 
Amtrak, including governmental funding sources; 
(2) projected ridership levels for all Amtrak 
passenger operations;
(3) revenue and expenditure forecasts for non-
passenger operations; 
(4) capital funding requirements and expendi-
tures necessary to maintain passenger service which 
will accommodate predicted ridership levels and pre-
dicted sources of capital funding; 
(5) operational funding needs, if any, to main-
tain current and projected levels of passenger serv-
ice, including State-supported routes and predicted 
funding sources; 
(6) projected capital and operating require-
ments, ridership, and revenue for any new passenger 
service operations or service expansions; 
(7) an assessment of the continuing financial 
stability of Amtrak, as indicated by factors such as 
the ability of the Federal Government to adequately 
meet capital and operating requirements, Amtrak’s 
access to long-term and short-term capital markets, 
Amtrak’s ability to efficiently manage its workforce, 
and Amtrak’s ability to effectively provide passenger 
train service; 
(8) lump sum expenditures of $10,000,000 or 
more and sources of funding;
(9) estimates of long-term and short-term debt 
and associated principal and interest payments (both 
current and anticipated); 
(10) annual cash flow forecasts; and 
(11) a statement describing methods of esti-
mation and significant assumptions. 
(c) STANDARDS
TO
PROMOTE
FINANCIAL
STA-
BILITY.—In meeting the requirements of subsection (b) 
with respect to a 5-year financial plan, Amtrak shall—
(1) apply sound budgetary practices, including 
reducing costs and other expenditures, improving 
productivity, increasing revenues, or combinations of 
such practices; and 
(2) use the categories specified in the financial 
accounting and reporting system developed under 
section 310 when preparing its 5-year financial plan. 
(d) ASSESSMENT BY DOT INSPECTOR GENERAL.—
(1) IN
GENERAL.—The Inspector General of 
the Department of Transportation shall assess the 
5-year financial plans prepared by Amtrak under 
this section to determine whether they meet the re-
quirements of subsection (b), and may suggest revi-
sions to any components thereof that do not meet 
those requirements.
(2) ASSESSMENT TO BE FURNISHED TO THE 
CONGRESS.—The Inspector General shall furnish to 
the House of Representatives Committee on Appro-
priations, the Senate Committee on Appropriations, 
the House of Representatives Committee on Trans-
portation and Infrastructure, and the Senate Com-
mittee on Commerce, Science, and Transportation—
(A) an assessment of the annual budget 
within 90 days after receiving it from Amtrak; 
and
(B) an assessment of the remaining 4 
years of the 5-year financial plan within 180 
days after receiving it from Amtrak. 
SEC. 312. REVISED REPORTING METHODOLOGY REQUIRED. 
Within 90 days after the date of enactment of this 
Act, Amtrak, in consultation with the Comptroller Gen-
eral, shall develop a revised methodology to be used in pre-
paring the annual operations report required by section 
24315(a) of title 49, United States Code, beginning with 
the report on operations for fiscal year 2004. The new 
report methodology shall specifically exclude noncore prof-
its in calculating the performance of Amtrak’s trains.
SEC. 313. APPROPRIATED AMOUNTS TO BE SPENT PROPOR-
TIONATELY. 
If for any fiscal year the sum of the amounts appro-
priated to the Secretary of Transportation for the use of 
Amtrak is less than the sum of the amounts authorized 
by this title for that fiscal year, then Amtrak shall—
(1) first obligate amounts appropriated pursu-
ant to the authorization in section 303(a); and 
(2) then allocate its obligation and expenditure 
of the remainder of the amounts appropriated for 
that fiscal year pursuant to this title (except 
amounts authorized by section 304(b), (c), and (d)) 
among the segments of the system in the same pro-
portion as the authorizations were allocated among 
those segments by this title. 
SEC. 314. INDEPENDENT AUDITOR TO ESTABLISH CRITERIA 
FOR AMTRAK ROUTE AND SERVICE PLAN-
NING DECISIONS. 
(a) INSPECTOR GENERAL TO HIRE CONSULTANT.—
The Inspector General of the Department of Transpor-
tation shall—
(1) execute a contract to obtain the services of 
an independent auditor or consultant to define and 
list past Amtrak criteria for Amtrak service changes, 
and to establish objective criteria for Amtrak service 
changes, including the establishment of new routes,
the elimination of existing routes, and the contrac-
tion or expansion of existing services; 
(2) review the criteria developed under the con-
tract; and 
(3) if the Inspector General approves the cri-
teria, transmit them to the Amtrak board of direc-
tors. 
(b) INCORPORATION OF CRITERIA BY AMTRAK.—If 
the criteria are approved under subsection (a)(3), the Am-
trak board of directors shall incorporate the criteria in—
(1) its route and service planning and decision-
making process; and 
(2) its capital plans and budgets developed in 
compliance with section 311 of this Act. 
(c) NOTIFICATION OF CONGRESS WHERE NOT COM-
PLYING WITH CRITERIA.—The Amtrak board of directors 
shall—
(1) notify the Senate Committee on Commerce, 
Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and In-
frastructure not less than 30 days before the imple-
mentation date of any decision to establish a new 
route, terminate an existing route, or effect any 
other major change in service that is inconsistent
with the criteria incorporated under subsection (b); 
and 
(2) explain its decision not to follow the cri-
teria. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be made available to the Inspector Gen-
eral, out of any amounts appropriated to Amtrak pursuant 
to the authority of this Act and not otherwise obligated 
or expended, such sums as may be necessary to carry out 
this section. 
SEC. 315. NORTHEAST CORRIDOR DEFINED. 
For purposes of this title, the term ‘‘Northeast Cor-
ridor’’ means the main line of the Northeast Corridor be-
tween Boston, Massachusetts, and Washington, D.C. 
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;’’; 
(2) by inserting ‘‘(1)’’ before ‘‘The Secretary’’ 
in subsection (h) and redesignating paragraphs (1), 
(2), and (3) of that subsection as subparagraphs 
(A), (B), and (C); and 
(3) by adding at the end of subsection (h) the 
following: 
‘‘(2) The Secretary shall not require an applicant for 
a direct loan or loan guarantee under this section to pro-
vide collateral. 
‘‘(3) The Secretary shall not require that an appli-
cant for a direct loan or loan guarantee under this section 
have previously sought the financial assistance requested 
from another source. 
‘‘(4) 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