| 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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