| Home > 106th Congressional Bills > H.R. 2572 (eh) To direct the Administrator of NASA to design and present an award to the Apollo astronauts. [Engrossed in House] ...
H.R. 2572 (eh) To direct the Administrator of NASA to design and present an award to the Apollo astronauts. [Engrossed in House] ...
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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