Home > 106th Congressional Bills > 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] ...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] ...
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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