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H.R. 2572 (eh) To direct the Administrator of NASA to design and present an award to the Apollo astronauts. [Engrossed in House] ...


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108th CONGRESS
  1st Session
                                H. R. 2571

To provide for the financing of high-speed rail infrastructure, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2003

  Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Quinn, and Ms. 
  Corrine Brown of Florida) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
    addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To provide for the financing of high-speed rail infrastructure, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail Infrastructure Development and 
Expansion Act for the 21st Century''.

SEC. 2. HIGH-SPEED INTERCITY RAIL FACILITY BONDS.

    (a) Amendment.--Chapter 261 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 26106. High-speed rail infrastructure bonds
    ``(a) Designation.--The Secretary may designate bonds for purposes 
of subsection (f) or section 54 of the Internal Revenue Code of 1986 
if--
            ``(1) the bonds are to be issued by--
                    ``(A) a State, if the entire railroad passenger 
                transportation corridor containing the infrastructure 
                project to be financed is within the State;
                    ``(B) 1 or more of the States that have entered 
                into an agreement or an interstate compact consented to 
                by Congress under section 410(a) of Public Law 105-134 
                (49 U.S.C 24101 nt); or
                    ``(C) an agreement or an interstate compact 
                described in subparagraph (B);
            ``(2) the bonds are for the purpose of financing--
                    ``(A) projects that make a substantial contribution 
                to providing the infrastructure and equipment required 
                to complete a high-speed rail transportation corridor 
                (including projects for the acquisition, financing, or 
                refinancing of equipment and other capital 
                improvements, including the introduction of new high-
                speed technologies such as magnetic levitation systems, 
                track or signal improvements, the elimination of grade 
                crossings, development of intermodal facilities, 
                improvement of train speeds or safety, or both, and 
                station rehabilitation or construction), but only if 
                the Secretary determines that the projects are part of 
                a viable and comprehensive high-speed rail 
                transportation corridor design for intercity passenger 
                service, including a design for minimally operable 
                segments of a corridor designated under section 
                104(d)(2) of title 23, United States Code; or
                    ``(B) projects for the Alaska Railroad;
            ``(3) for a railroad passenger transportation corridor 
        design that includes the use of rights-of-way owned by a 
        freight railroad, a written agreement exists between the 
        applicant and the freight railroad regarding such use and 
        ownership, including compensation for such use and assurances 
        regarding the adequacy of infrastructure capacity to 
        accommodate both existing and future freight and passenger 
        operations, and including an assurance by the freight railroad 
        that collective bargaining agreements with the freight 
        railroad's employees (including terms regulating the 
        contracting of work) shall remain in full force and effect 
        according to their terms for work performed by the freight 
        railroad on such railroad passenger transportation corridor;
            ``(4) the corridor design eliminates existing railway-
        highway grade crossings that the Secretary determines would 
        impede high-speed rail operations;
            ``(5) the applicant agrees to comply with--
                    ``(A) the standards of section 24312, as in effect 
                on September 1, 2002, with respect to the project in 
                the same manner that the National Railroad Passenger 
                Corporation is required to comply with such standards 
                for construction work financed under an agreement made 
                under section 24308(a); and
                    ``(B) the protective arrangements established under 
                section 504 of the Railroad Revitalization and 
                Regulatory Reform Act of 1976 (45 U.S.C. 836) with 
                respect to employees affected by actions taken in 
                connection with the project to be financed by the bond; 
                and
            ``(6) the applicant agrees not to pay the principal or 
        interest on the bonds using funds derived directly or 
        indirectly from the Highway Trust Fund, except as permitted by 
        law as of the date of the enactment of this section.
    ``(b) Bond Amount Limitation.--
            ``(1) In general.--The amount of bonds designated under 
        this section may not exceed--
                    ``(A) in the case of subsection (f) bonds, 
                $1,200,000,000 for each of the fiscal years 2004 
                through 2013; and
                    ``(B) in the case of section 54 bonds, 
                $1,200,000,000 for each of the fiscal years 2004 
                through 2013.
            ``(2) Carryover of unused limitation.--If for any fiscal 
        year the limitation amount under subparagraph (A) or (B) of 
        paragraph (1) exceeds--
                    ``(A) with respect to subparagraph (A) of paragraph 
                (1), the amount of subsection (f) bonds issued during 
                such year; or
                    ``(B) with respect to subparagraph (B) of paragraph 
                (1), the amount of section 54 bonds issued during such 
                year,
        the limitation amount under subparagraph (A) or (B) of 
        paragraph (1), as the case may be, for the following fiscal 
        year (through fiscal year 2017) shall be increased by the 
        amount of such excess.
    ``(c) Preference.--The Secretary shall give preference to the 
designation under this section of bonds for projects--
            ``(1) to be funded through a combination of subsection (f) 
        bonds and section 54 bonds;
            ``(2) which propose to link rail passenger service with 
        other modes of transportation;
            ``(3) expected to have a significant impact on air traffic 
        congestion;
            ``(4) expected to also improve commuter rail operations;
            ``(5) where all environmental work has already been 
        completed and the project is ready to commence; or
            ``(6) that have received financial commitments and other 
        support of State and local governments.
    ``(d) Timely Disposition of Application.--The Secretary shall grant 
or deny a requested designation within 9 months after receipt of an 
application.
    ``(e) Annual Reports.--
            ``(1) From issuer of bonds.--The issuer of bonds designated 
        under subsection (a) shall report annually to the Secretary 
        regarding the terms of outstanding designated bonds and the 
        progress made with respect to the project financed by the 
        bonds.
            ``(2) From secretary.--The Secretary, in consultation with 
        the Secretary of the Treasury, shall transmit to the Congress 
        an annual report which includes--
                    ``(A) reports received under paragraph (1); and
                    ``(B) an assessment of the progress made toward 
                completion of high-speed rail transportation corridors 
                resulting from projects financed by bonds designated 
                under subsection (a).
    ``(f) Tax Treatment of Subsection (f) Bonds.--
            ``(1) Exclusion from gross income.--The interest on a bond 
        designated by the Secretary under subsection (a) for purposes 
        of this subsection shall be excluded from gross income under 
        section 103 of the Internal Revenue Code of 1986, 
        notwithstanding section 149(c) of such Code.
            ``(2) Exemption from volume cap.--For purposes of section 
        146 of such Code, a bond designated by the Secretary under 
        subsection (a) for purposes of this subsection shall be 
        considered to be exempt from the volume cap of the issuing 
        authority in the same manner as bonds listed in subsection (g) 
        of such section 146.
    ``(g) Refinancing Rules.--Bonds designated by the Secretary under 
subsection (a) may be issued for refinancing projects only if the 
indebtedness being refinanced (including any obligation directly or 
indirectly refinanced by such indebtedness) was originally incurred by 
the issuer--
            ``(1) after the date of the enactment of this section;
            ``(2) for a term of not more than 3 years;
            ``(3) to finance projects described in subsection (a)(2); 
        and
            ``(4) in anticipation of being refinanced with proceeds of 
        a bond designated under subsection (a).
    ``(h) Provisions Regarding High-Speed Rail Service.--
            ``(1) Status as employer or carrier.--Any entity providing 
        railroad transportation (within the meaning of section 20102) 
        that begins operations after the date of enactment of this 
        section and that uses property acquired pursuant to this 
        section (except as provided in subsection (a)(2)(B)), shall be 
        considered an employer for purposes of the Railroad Retirement 
        Act of 1974 (45 U.S.C. 231 et seq.) and considered a carrier 
        for purposes of the Railway Labor Act (45 U.S.C. 151 et seq.).
            ``(2) Collective bargaining agreement.--Any entity 
        providing high-speed intercity passenger railroad 
        transportation (within the meaning of section 20102) that 
        begins operations after the date of enactment of this section 
        on a project funded in whole or in part by bonds designated 
        under subsection (a), and replaces intercity rail passenger 
        service that was provided by another entity as of the date of 
        enactment of this section, shall enter into an agreement with 
        the authorized bargaining agent or agents for employees of the 
        predecessor provider that--
                    ``(A) gives each employee of the predecessor 
                provider priority in hiring according to the employee's 
                seniority on the predecessor provider for each position 
                with the replacing entity that is in the employee's 
                craft or class and is available within three years 
                after the termination of the service being replaced;
                    ``(B) establishes a procedure for notifying such an 
                employee of such positions;
                    ``(C) establishes a procedure for such an employee 
                to apply for such positions; and
                    ``(D) establishes rates of pay, rules, and working 
                conditions.
            ``(3) Immediate replacement of existing rail passenger 
        service.--
                    (A) Negotiations.--If the replacement of 
                preexisting intercity rail passenger service occurs 
                concurrent with or within a reasonable amount of time 
                before the commencement of the replacing entity's high-
                speed rail passenger service, the replacing entity 
                shall give written notice of its plan to replace 
                existing rail passenger service to the authorized 
                collective bargaining agent or agents for the employees 
                of the predecessor provider at least 90 days prior to 
                the date it plans to commence service. Within 5 days 
                after the date of receipt of such written notice, 
                negotiations between the replacing entity and the 
                collective bargaining agent or agents for the employees 
                of the predecessor provider shall commence for the 
                purpose of reaching agreement with respect to all 
                matters set forth in paragraph (2)(A)-(D). The 
                negotiations shall continue for 30 days or until an 
                agreement is reached, whichever is sooner. If at the 
                end of 30 days the parties have not entered into an 
                agreement with respect to all such matters, the 
                unresolved issues shall be submitted for arbitration in 
accordance with the procedure set forth in subparagraph (B).
                    ``(B) Arbitration.--If an agreement has not been 
                entered into with respect to all matters set forth in 
                paragraph (2)(A)-(D) as provided in subparagraph (A) of 
                this paragraph, the parties shall select an arbitrator. 
                If the parties are unable to agree upon the selection 
                of such arbitrator within 5 days, either or both 
                parties shall notify the National Mediation Board, 
                which shall provide a list of seven arbitrators with 
                experience in arbitrating rail labor protection 
                disputes. Within 5 days after such notification, the 
                parties shall alternately strike names from the list 
                until only one name remains, and that person shall 
                serve as the neutral arbitrator. Within 45 days after 
                selection of the arbitrator, the arbitrator shall 
                conduct a hearing on the dispute and shall render a 
                decision with respect to the unresolved issues set 
                forth in paragraph (2)(A)-(D). This decision shall be 
                final, binding, and conclusive upon the parties. The 
                salary and expenses of the arbitrator shall be borne 
                equally by the parties; all other expenses shall be 
                paid by the party incurring them.
                    ``(C) Service commencement.--A replacing entity 
                under this paragraph shall commence service only after 
                an agreement is entered into with respect to the 
                matters set forth in paragraph (2)(A)-(D) or the 
                decision of the arbitrator has been rendered.
            ``(4) Subsequent replacement of existing rail passenger 
        service.--If the replacement of existing rail passenger service 
        takes place within 3 years after the replacing entity commences 
        high-speed rail passenger service, the replacing entity and the 
        collective bargaining agent or agents for the employees of the 
        predecessor provider shall enter into an agreement with respect 
        to the matters set forth in paragraph (2)(A)-(D). If the 
        parties have not entered into an agreement with respect to all 
        such matters within 60 days after the date on which the 
        replacing entity replaces the predecessor provider, the parties 
        shall select an arbitrator using the procedures set forth in 
        paragraph (3)(B), who shall, within 20 days after the 
        commencement of the arbitration, conduct a hearing and decide 
        all unresolved issues. This decision shall be final, binding, 
        and conclusive upon the parties.
    ``(i) Issuance of Regulations.--Not later than 6 months after the 
date of the enactment of this section, the Secretary shall issue 
regulations for carrying out this section.
    ``(j) Definitions.--For purposes of this section--
            ``(1) Subsection (f) bond.--The term `subsection (f) bond' 
        means a bond designated by the Secretary under subsection (a) 
        for purposes of subsection (f).
            ``(2) Section 54 bond.--The term `section 54 bond' means a 
        bond designated by the Secretary under subsection (a) for 
        purposes of section 54 of the Internal Revenue Code of 1986 
        (relating to credit to holders of qualified high-speed rail 
        infrastructure bonds).''.

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