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S. 1962 (ris) To amend the Congressional Budget Act of 1974 to protect Social Security and Medicare surpluses through strengthened budgetary enforcement mechanisms. [Referral Instructions Senate] ...


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108th CONGRESS
  1st Session
                                S. 1961

   To provide for the revitalization and enhancement of the American 
           passenger and freight rail transportation system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 24, 2003

 Mr. Hollings (for himself, Ms. Collins, Mr. Carper, Mr. Specter, Mr. 
Jeffords, Mr. Lautenberg, and Mr. Biden) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To provide for the revitalization and enhancement of the American 
           passenger and freight rail transportation system.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Railroad 
Revitalization, Investment, and Enhancement Act of the 21st Century'' 
or the ``Arrive 21 Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Purposes.
                 TITLE I--RAIL TRANSPORTATION SECURITY

Sec. 101. Rail transportation security risk assessment.
Sec. 102. Certain personnel limitations not to apply.
                     TITLE II--FEDERAL RAIL POLICY

Sec. 201. Federal rail policy enhancement.
Sec. 202. Rail cooperative research program.
Sec. 203. State rail plans.
Sec. 204. Interstate railroad passenger high-speed transportation 
                            policy.
Sec. 205. High-speed rail corridor planning.
Sec. 206. Designated high-speed rail corridors.
Sec. 207. Rehabilitation, improvement, and security financing.
Sec. 208. Repayment of loan to National Railroad Passenger Corporation.
                      TITLE III--INTERMODAL POLICY

Sec. 301. 50-year intermodal blueprint.
Sec. 302. Intermodal transportation policy.
                    TITLE IV--AMTRAK AUTHORIZATIONS

Sec. 401. National Railroad Passenger Transportation system defined.
Sec. 402. Restructuring of long-term debt and capital leases.
Sec. 403. General Amtrak authorizations.
Sec. 404. Excess railroad retirement.
Sec. 405. Authorizations for environmental compliance and station 
                            improvements.
Sec. 406. Tunnel life safety.
Sec. 407. Authorization for capital and operating expenses.
Sec. 408. Establishment of grant process.
Sec. 409. State-supported routes.
Sec. 410. Re-establishment of Northeast Corridor Safety Committee.
Sec. 411. Amtrak board of directors.
Sec. 412. Establishment of financial accounting system for Amtrak 
                            operations by independent auditor.
Sec. 413. Development of 5-year financial plan.
Sec. 414. Independent auditor to establish methodologies for Amtrak 
                            route and service planning decisions.
Sec. 415. Metrics and standards.
Sec. 416. On-time performance.
            TITLE V--RAIL INFRASTRUCTURE FINANCE CORPORATION

Sec. 501. Establishment of corporation.
Sec. 502. Board of directors.
Sec. 503. Officers and employees.
Sec. 504. Nonprofit and nonpolitical nature of the corporation.
Sec. 505. Purpose and activities of corporation.
Sec. 506. Report to Congress.
Sec. 507. Administrative matters.
Sec. 508. Rail Infrastructure Finance Trust.
               TITLE VI--RAIL DEVELOPMENT GRANT PROGRAMS

Sec. 601. Intercity passenger rail development grant program.
Sec. 602. Freight rail infrastructure development grant program.
Sec. 603. High priority projects grant program.
Sec. 604. Grant program requirements and limitations.
Sec. 605. Standards and conditions.
Sec. 606. Grant program funding.
               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

Sec. 701. Authorization of Appropriations.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    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.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to ensure more adequate financing of infrastructure 
        projects for the national rail transportation system through--
                    (A) the establishment of the nonprofit Rail 
                Infrastructure Finance Corporation to provide financial 
                support for rail infrastructure improvement projects by 
                issuing qualified rail transportation bonds; and
                    (B) the provision of appropriate tax treatment of 
                qualified rail transportation bonds so issued;
            (2) to create a partnership between public and private 
        entities to promote freight and passenger rail infrastructure 
        development that benefits the public;
            (3) to provide resources to States and groups of States for 
        rail capital projects that result in a safe, secure, and 
        efficient rail transportation system;
            (4) to enhance Federal and State rail transportation policy 
        and planning;
            (5) to promote intermodal transportation investment, 
        planning, and coordination; and
            (6) to reauthorize the National Railroad Passenger 
        Corporation and reaffirm the Federal commitment to a national 
        system of intercity passenger rail transportation.

                 TITLE I--RAIL TRANSPORTATION SECURITY

SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Assessment.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Transportation, shall assess 
        the security risks associated with freight and intercity 
        passenger rail transportation and develop prioritized 
        recommendations for--
                    (A) improving the security of rail infrastructure 
                and facilities, terminals, tunnels, rail bridges, rail 
                switching areas, and other areas identified by the 
                Secretary 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 response 
                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 necessary to address identified security 
        issues by both public and private entities.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Secretary shall consult with 
rail management, rail labor, facility owners and operators, and public 
safety officials (including officials responsible for responding to 
emergencies).
    (c) Report.--
            (1) Contents.--Within 180 days after the date of enactment 
        of this Act, the Secretary shall transmit to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure a report, without compromising national 
        security, containing the assessment and prioritized 
        recommendations required by subsection (a).
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $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 subsection (a), such sums to remain 
available until expended.

SEC. 102. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration of the Department 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 Act.

                     TITLE II--FEDERAL RAIL POLICY

SEC. 201. FEDERAL RAIL POLICY ENHANCEMENT.

    Section 103 is amended to read as follows:
``Sec. 103. Federal Railroad Administration
    ``(a) In General.--The Federal Railroad Administration is an 
administration in the Department of Transportation.
    ``(b) Administrator.--The head of the Administration is the 
Administrator who is appointed by the President, by and with the advice 
and consent of the Senate. The Administrator reports directly to the 
Secretary of Transportation.
    ``(c) Safety.--To carry out all railroad safety laws of the United 
States, the Administration is divided on a geographical basis into at 
least 8 safety offices. The Secretary of Transportation is responsible 
for all acts taken under those laws and for ensuring that the laws are 
uniformly administered and enforced among the safety offices.
    ``(d) Powers and Duties.--
            ``(1) In general.--The Administrator shall carry out--
                    ``(A) the duties and powers related to railroad 
                safety vested in the Secretary by section 20134(c) and 
                chapters 203 through 211 of this title, and chapter 213 
                of this title in carrying out chapters 203 through 211;
                    ``(B) the duties and powers related to railroad 
                policy and development under subsection (e); and
                    ``(C) any additional duties and powers prescribed 
                by the Secretary.
            ``(2) Transfers.--A duty or power specified by paragraph 
        (1)(A) of this subsection may be transferred to another part of 
        the Department only when specifically provided by law or a 
        reorganization plan submitted under chapter 9 of title 5. A 
        decision of the Administrator in carrying out those duties or 
        powers and involving notice and hearing required by law is 
        administratively final.
            ``(3) Contracts, grants, leases, cooperative agreements, 
        and similar transactions.--Subject to the provisions of 
        subtitle I of title 40 and title III of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 251 et 
        seq.), the Secretary of Transportation may make, enter into, 
        and perform such contracts, grants, leases, cooperative 
        agreements, and other similar transactions with Federal or 
        other public agencies (including State and local governments) 
        and private organizations and persons, and make such payments, 
        by way of advance or reimbursement, as the Secretary may 
        determine to be necessary or appropriate to carry out functions 
        of the Federal Railroad Administration. The authority of the 
        Secretary granted by this paragraph shall be carried out by the 
        Administrator.
    ``(e) Additional Duties of the Administrator.--The Administrator 
shall--
            ``(1) provide assistance to States in developing State rail 
        plans prepared under section 22501 and review all State rail 
        plans submitted under such section 22501;
            ``(2) develop a long range national rail plan that is 
        consistent with approved State rail plans, the 50-year 
        Intermodal Blueprint developed under section 5503(e), and the 
        rail needs of the Nation, as determined by the Secretary in 
        order to promote an integrated, cohesive, efficient, and 
        optimized national rail system for the movement of goods and 
        people;
            ``(3) develop a preliminary national rail plan within a 
        year after the date of enactment of the Arrive 21 Act;
            ``(4) develop and enhance partnerships with the freight and 
        passenger railroad industry, States, and the public concerning 
        rail development;
            ``(5) support rail intermodal development and high-speed 
        rail development, including high speed rail planning under 
        section 205;
            ``(6) ensure that programs and initiatives developed under 
        this section benefit the public and work toward achieving 
        regional and national transportation goals; and
            ``(7) facilitate and coordinate efforts to assist freight 
        and passenger rail carriers, transit agencies and authorities, 
        municipalities, and States in passenger-freight service 
        integration on shared rights of way by providing neutral 
        assistance at the joint request of affected rail service 
        providers and infrastructure owners relating to operations and 
        capacity analysis, capital requirements, operating costs, and 
        other research and planning related to corridors shared by 
        passenger or commuter rail service and freight rail operations.
    ``(f) Performance Goals and Reports.--
            ``(1) Performance goals.--In conjunction with the 
        objectives established and activities undertaken under section 
        103(e) of this title, the Administrator shall develop a 
        schedule for achieving specific, measurable performance goals.
            ``(2) Resource needs.--The strategy and annual plans shall 
        include estimates of the funds and staff resources needed to 
        accomplish each goal and the additional duties required under 
        section 103(e).
            ``(3) Submission with president's budget.--Beginning with 
        fiscal year 2005 and each fiscal year thereafter, the Secretary 
        shall submit to Congress, at the same time as the President's 
        budget submission, the Administration's performance goals and 
        schedule developed under paragraph (1), including an assessment 
        of the progress of the Administration toward achieving its 

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