S.Amdt. 2530

1. 1

   Change 1: Rewrites section 601

   Replaces

   Removes section 601.

   Inserted: (1) by striking paragraph (2);

   Inserted: (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and

   Inserted: (3) by inserting after paragraph (4) as so redesignated the following:

   Inserted: "(5) 'national rail passenger transportation system' means--

   Inserted: "(A) the segment of the Northeast Corridor between Boston, Massachusetts and Washington, D.C.;

   Inserted: "(B) rail corridors that have been designated by the Secretary of Transportation as high-speed corridors, but only after they have been improved to permit operation of high-speed service;

   Inserted: "(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004; and

   Inserted: "(D) short-distance corridors or routes operated by Amtrak.".

   Inserted: (b) Amtrak Routes with State Funding.--

   Inserted: (1) In general.--Chapter 247 is amended by inserting after section 24701 the following:

   Inserted: "Sec. 24702. Transportation requested by States, authorities, and other persons

   Inserted: "(a) Contracts for Transportation.--Amtrak and a State, a regional or local authority, or another person may enter into a contract for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree.

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   Inserted: "(b) Discontinuance.--Upon termination of a contract entered into under this section, or the cessation of financial support under such a contract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law.".

   Inserted: (2) Conforming amendment.--The chapter analysis for chapter 247 is amended by inserting after the item relating to section 24701 the following:

   Inserted: "24702. Transportation requested by States, authorities, and other persons".

   Inserted: (c) Amtrak To Continue To Provide Non-High-Speed Services.--Nothing in this subtitle is intended to preclude Amtrak from restoring, improving, or developing non-high-speed intercity passenger rail service.

   Inserted: SEC. 682. REPAYMENT OF LOAN TO NATIONAL RAILROAD PASSENGER CORPORATION.

   Inserted: (a) In General.--The Secretary of Transportation may not collect any payments of principal or interest for the direct loan made to the National Railroad Passenger Corporation under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822). There are authorized to be appropriated to the Secretary for fiscal year 2005 $100,000,000 for the purpose of repaying that loan to the Secretary of the Treasury. The Secretary of Transportation shall waive any conditions imposed under the loan.

   Inserted: (b) Certain Conditions Waived.--Section 151 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004, is repealed.

   Inserted: (c) Federal Railroad Administration.--

   Inserted: (1) In general.--Section 11123 is amended--

   Inserted: (A) by striking "failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation," in subsection (a);

   Inserted: (B) by inserting "or" after the semicolon in subsection (a)(3);

   Inserted: (C) by striking "permits; or" in subsection (a)(4) and inserting "permits.";

   Inserted: (D) by striking paragraph (5) of subsection (a);

   Inserted: (E) by striking "(A) Except as provided in subparagraph (B), when" in subsection (b)(3) and inserting "When";

   Inserted: (F) by striking subparagraph (B) of sub section (b)(3);

   Inserted: (G) by striking paragraph (4) of subsection (c); and

   Inserted: (H) by striking subsections (e) and (f).

   Inserted: (2) Section 24301(c) is amended by striking "11123,".

   Inserted: SEC. 683. RESTRUCTURING OF LONG-TERM DEBT AND CAPITAL LEASES.

   Inserted: (a) In General.--The Secretary of the Treasury shall work with the Secretary of Transportation and Amtrak to restructure Amtrak's indebtedness as of the date of enactment of this Act.

   Inserted: (b) New Debt Prohibition.--Except as approved by the Secretary of Transportation, Amtrak may not enter into any obligation secured by assets of the Corporation after the date of enactment of this Act. This section does not prohibit unsecured lines of credit used by Amtrak or any subsidiary for working capital purposes.

   Inserted: (c) Debt Redemption.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall enter into negotiations with the holders of Amtrak debt, including leases, that is outstanding on the date of enactment of this Act for the purpose of redeeming or restructuring that debt. The Secretary, in consultation with the Secretary of the Treasury, shall secure agreements for repayment on such terms as the Secretary deems favorable to the interests of the Government. Payments for such redemption may be made after October 1, 2005, in either a single payment or a series of payments, but in no case shall the repayment period extend beyond September 30, 2010.

   Inserted: (d) Criteria.--In redeeming or restructuring Amtrak's indebtedness, the Secretaries and Amtrak--

   Inserted: (1) shall ensure that the restructuring imposes the least practicable burden on taxpayers; and

   Inserted: (2) take into consideration repayment costs, the term of any loan or loans, and market conditions.

   Inserted: (e) Authorization.--There are authorized to be appropriated to the Secretary such sums as may be necessary for fiscal years 2005 through 2010 to restructure or redeem Amtrak's secured debt.

   Inserted: (f) Amtrak Principal and Interest Payments.--

   Inserted: (1) Principal on debt service.--Unless the Secretary of Transportation and the Secretary of the Treasury restructure in its entirety or redeem the debt, there are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for retirement of principal on loans for capital equipment, or capital leases, not more than the following amounts:

   Inserted: (A) For fiscal year 2005, $109,500,000.

   Inserted: (B) For fiscal year 2006, $114,700,000.

   Inserted: (C) For fiscal year 2007, $202,900,000.

   Inserted: (D) For fiscal year 2008, $164,300,000.

   Inserted: (E) For fiscal year 2009, $155,800,000.

   Inserted: (F) For fiscal year 2010, $203,500,000.

   Inserted: (2) Interest on debt.--Unless the Secretary of Transportation and the Secretary of the Treasury restructure or redeem the debt, there are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for the payment of interest on loans for capital equipment, or capital leases, the following amounts:

   Inserted: (A) For fiscal year 2005, $151,300,000.

   Inserted: (B) For fiscal year 2006, $146,300,000.

   Inserted: (C) For fiscal year 2007, $137,500,000.

   Inserted: (D) For fiscal year 2008, $125,300,000.

   Inserted: (E) For fiscal year 2009, $117,100,000.

   Inserted: (F) For fiscal year 2010, $107,800,000.

   Inserted: (3) Reductions in authorization levels.--Whenever action taken by the Secretary of the Treasury under subsection (c) results in reductions in amounts of principle and interest that Amtrak must service on existing debt, Amtrak shall submit to the Senate Committee on Commerce, Science and Transportation, the House of Representatives Committee on Transportation and Infrastructure, the Senate Committee on Appropriations, and House of Representatives Committee on Appropriations revised requests for amounts authorized by paragraphs (1) and (2) that reflect such reductions.

   Inserted: SEC. 684. GENERAL AMTRAK AUTHORIZATIONS.

   Inserted: (a) Repeal of Self-Sufficiency Requirements.--

   Inserted: (1) Title 49 amendments.--Chapter 241 is amended--

   Inserted: (A) by striking the last sentence of section 24101(d); and

   Inserted: (B) by striking the last sentence of section 24104(a).

   Inserted: (2) Amtrak reform and accountability act amendments.--Title II of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 nt) is amended by striking sections 204 and 205.

   Inserted: (3) Common stock redemption date.--Section 415 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304 nt) is amended by striking subsection (b).

   Inserted: (b) Lease Arrangements.--Amtrak may obtain services from the Administrator of General Services, and the Administrator may provide services to Amtrak, under section 201(b) and 211(b) of the Federal Property and Administrative Service Act of 1949 (40 U.S.C. 481(b) and 491(b)) for each of fiscal years 2005 through 2009.

   Inserted: (c) Financial Powers.--Section 415(d) of the Amtrak Reform and Accountability Act of 1997 by adding at the end the following:

   Inserted: "(3) This section does not affect the applicability of section 3729 of title 31, United States Code, to claims made against Amtrak.".

   Inserted: (d) Amtrak Reports.--Section 24315 is amended--

   Inserted: (1) by striking "February 15" in subsection (a) and inserting "January 31st";

   Inserted: (2) by striking subparagraph (B) of subsection (a)(1) and inserting the following:

   Inserted: "(B) the route profitability survey data, excluding interest and depreciation costs, or any other route cost allocation or profitability analysis that Amtrak develops;";

   Inserted: (3) by striking subparagraph (D) of subsection (a)(1) and inserting the following:

   Inserted: "(D) the total revenue-to-total cost ratio;";

   Inserted: (4) by striking subparagraphs (C), (F), and (G) of subsection (a)(1), and redesignating subparagraphs (D), (E), and (H) as subparagraphs (C), (D), and (E), respectively; and

   Inserted: (5) by striking "February 15" in subsection (b) and inserting "January 31st".

   Inserted: SEC. 685. EXCESS RAILROAD RETIREMENT.

   Inserted: Beginning in fiscal year 2005, the Secretary of the Treasury each year shall pay to the Railroad Retirement Account an amount equal to the amount Amtrak must pay under section 3221 of the Internal Revenue Code of 1986 in fiscal years that is more than the amount needed for benefits for individuals who retire from Amtrak and for their beneficiaries. There are authorized to be appropriated such sums as may be necessary in each fiscal year beginning after fiscal year 2005 through 2010 for these payments.

   Inserted: SEC. 686. AUTHORIZATIONS FOR ENVIRONMENTAL COMPLIANCE AND STATION IMPROVEMENTS.

   Inserted: (a) Environmental Compliance.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak in order to comply with environmental regulations the following amounts:

   Inserted: (A) For fiscal year 2005, $18,800,000.

   Inserted: (B) For fiscal year 2006, $21,700,000.

   Inserted: (C) For fiscal year 2007, $22,300,000.

   Inserted: (D) For fiscal year 2008, $15,100,000.

   Inserted: (E) For fiscal year 2009, $15,900,000.

   Inserted: (F) For fiscal year 2010, $16,000,000.

   Inserted: (b) Capital Improvements to Stations.--

   Inserted: (1) In general.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for capital improvements to stations, including an initial assessment of the full set of accessibility needs across the national rail passenger transportation system and improved accessibility for the elderly and people with disabilities and in Amtrak facilities and stations, the following amounts:

   Inserted: (A) For fiscal year 2005, $17,100,000.

   Inserted: (B) For fiscal year 2006, $19,800,000.

   Inserted: (C) For fiscal year 2007, $19,800,000.

   Inserted: (D) For fiscal year 2008, $19,000,000.

   Inserted: (E) For fiscal year 2009, $19,000,000.

   Inserted: (F) For fiscal year 2010, $19,000,000.

   Inserted: (2) Study of compliance requirements at existing intercity rail stations.--Amtrak shall evaluate the improvements necessary to make all existing stations it serves readily accessible to and usable by individuals with disabilities, as required by section 242(e)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The evaluation shall include the estimated cost of the improvements necessary, the identification of the responsible person (as defined in section 241(5) of that Act (42 U.S.C. 12161(5))), and the earliest practicable date when such improvements can be made. Amtrak shall submit the survey to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the National Council on Disability by September 30, 2005, along with recommendations for funding the necessary improvements.

   Inserted: SEC. 687. TUNNEL LIFE SAFETY.

   Inserted: (a) Life Safety Needs.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005:

   Inserted: (1) $677,000,000 for the 6 New York tunnels built in 1910 to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers.

   Inserted: (2) $57,000,000 for the Baltimore & Potomac tunnel built in 1872 to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades.

   Inserted: (3) $40,000,000 for the Washington, D.C., Union Station tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings to improve ventilation, communication, lighting, and passenger egress upgrades.

   Inserted: (b) Infrastructure Upgrades.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak $3,000,000 for fiscal year 2005 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels.

   Inserted: (c) Financial Contribution From Other Tunnel Users.--The Secretary shall, taking into account the need for the timely completion of all life safety portions of the tunnel projects described in subsection (a)--

   Inserted: (1) consider the extent to which rail carriers other than Amtrak use the tunnels;

   Inserted: (2) consider the feasibility of seeking a financial contribution from those other rail carriers toward the costs of the projects; and

   Inserted: (3) obtain financial contributions or commitments from such other rail carriers if feasible.

   Inserted: (d) Availability of Funds.--Amounts appropriated pursuant to this section shall remain available until expended.

   Inserted: SEC. 688. AUTHORIZATION FOR CAPITAL AND OPERATING EXPENSES.

   Inserted: (a) Operating Expenses.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for operating costs the following amounts:

   Inserted: (1) For fiscal year 2005, $581,400,000.

   Inserted: (2) For fiscal year 2006, $566,700,000.

   Inserted: (3) For fiscal year 2007, $557,700,000.

   Inserted: (4) For fiscal year 2008, $528,500,000.

   Inserted: (5) For fiscal year 2009, $522,000,000.

   Inserted: (6) For fiscal year 2010, $522,000,000.

   Inserted: (b) Capital Backlog and Upgrades.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for capital expenses, the following amounts:

   Inserted: (1) For fiscal year 2005, $741,500,000.

   Inserted: (2) For fiscal year 2006, $835,200,000.

   Inserted: (3) For fiscal year 2007, $760,800,000.

   Inserted: (4) For fiscal year 2008, $733,600,000.

   Inserted: (5) For fiscal year 2009, $774,300,000.

   Inserted: (6) For fiscal year 2010, $874,300,000.

   Inserted: (c) Replacement Equipment.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for the purchase of replacement passenger rail equipment the following amounts:

   Inserted: (1) For fiscal year 2006, $250,000,000.

   Inserted: (2) For fiscal year 2007, $250,000,000.

   Inserted: (3) For fiscal year 2008, $350,000,000.

   Inserted: (4) For fiscal year 2009, $350,000,000.

   Inserted: (5) For fiscal year 2010, $350,000,000.

   Inserted: SEC. 689. GRANTS NOT CONSIDERED TO REPLACE FEDERAL OPERATING OR CAPITAL SUPPORT.

   Inserted: Grants or assistance provided directly to a State or group of States by the Secretary under this title for rail infrastructure investments shall not be considered to reduce or replace the authorizations or the need for annual Federal appropriations for the National Railroad Passenger Corporation.

   Inserted: SEC. 690. ESTABLISHMENT OF GRANT PROCESS.

   Inserted: (a) Grant Requests.--Amtrak shall submit grant requests to the Secretary of Transportation for funds authorized to be appropriated to the Secretary for the use of Amtrak under sections 686, 687, and 688.

   Inserted: (b) Procedures for Grant Requests.--The Secretary shall establish substantive and procedural requirements, including schedules, for grant requests under this section not later than 30 days after the date of enactment of this Act and shall transmit copies to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

   Inserted: (c) Review and Approval.--

   Inserted: (1) 30-day process.--The Secretary shall complete the review of a grant request and approve or disapprove the request within 30 days after the date on which Amtrak submits the grant request.

   Inserted: (2) Incomplete or deficient requests.--If the Secretary disapproves the request or determines that the request is incomplete or deficient, the Secretary shall immediately notify Amtrak of the reason for disapproval or the incomplete items or deficiencies. Within 15 days after receiving notification from the Secretary under the preceding sentence, Amtrak shall submit a modified request for the Secretary's review.

   Inserted: (3) Revised requests.--Within 15 days after receiving a modified request from Amtrak, the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.

   Inserted: SEC. 691. STATE-SUPPORTED ROUTES.

   Inserted: The Board of Directors of Amtrak, in consultation with the Secretary of Transportation and the chief executive officer of each State and the District of Columbia, shall develop a formula for funding the operating costs of trains operating on routes not in excess of 750 miles in length that--

   Inserted: (1) is equitable and fair; and

   Inserted: (2) ensures, within 5 years after the date of enactment of this Act, equal treatment of all States (and the District of Columbia) and groups of States (including the District of Columbia).

   Inserted: SEC. 692. RE-ESTABLISHMENT OF NORTHEAST CORRIDOR SAFETY COMMITTEE.

   Inserted: (a) Re-establishment of Northeast Corridor Safety Committee.--The Secretary of Transportation shall re-establish the Northeast Corridor Safety Committee authorized by section 24905(b) of title 49, United States Code.

   Inserted: (b) Termination Date.--Section 24905(b)(4) is amended by striking "January 1, 1999," and inserting "January 1, 2009,".

   Inserted: SEC. 693. AMTRAK BOARD OF DIRECTORS.

   Inserted: Section 24302 is amended to read as follows:

   Inserted: "Sec. 24302. Board of directors

   Inserted: "(a) Composition and Terms.--

   Inserted: "(1) The board of directors of Amtrak is composed of the following 9 directors, each of whom must be a citizen of the United States:

   Inserted: "(A) The President of Amtrak.

   Inserted: "(B) The Secretary of Transportation.

   Inserted: "(C) 7 individuals appointed by the President of the United States, by and with the advice and consent of the Senate, with experience and qualifications in or directly related to rail transportation, including representatives of freight and passenger rail transportation, travel, hospitality, cruise line, and passenger air transportation businesses, consumers of passenger rail transportation, and State government.

   Inserted: "(2) In selecting individuals described in paragraph (1) for nominations for appointments to the Board, the President shall consult with the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate and should ensure adequate and balanced representation of the major geographic regions of the United States.

   Inserted: "(3) Each member shall be appointed for a term of 5 years and until the individual's successor is appointed and qualified. Not more than 4 individuals appointed under paragraph (1)(C) may be members of the same political party.

   Inserted: "(4) The board shall elect a chairman and a vice chairman from among its membership. The vice chairman shall serve as chairman in the absence of the chairman.

   Inserted: "(5) The Secretary may be represented at board meetings by the Secretary's designee.

   Inserted: "(b) Pay and Expenses.--Each director not employed by the United States Government is entitled to $300 a day when performing board duties and powers. Each director is entitled to reimbursement for necessary travel, reasonable secretarial and professional staff support, and subsistence expenses incurred in attending board meetings.

   Inserted: "(c) Vacancies.--A vacancy on the board is filled in the same way as the original selection, except that an individual appointed by the President of the United States under subsection (a)(1)(C) of this section to fill a vacancy occurring before the end of the term for which the predecessor of that individual was appointed is appointed for the remainder of that term. A vacancy required to be filled by appointment under subsection (a)(1)(C) must be filled not later than 120 days after the vacancy occurs.

   Inserted: "(d) Bylaws.--The board may adopt and amend bylaws governing the operation of Amtrak. The bylaws shall be consistent with this part and the articles of incorporation.".

   Inserted: SEC. 694. ESTABLISHMENT OF FINANCIAL ACCOUNTING SYSTEM FOR AMTRAK OPERATIONS BY INDEPENDENT AUDITOR.

   Inserted: (a) In General.--The Inspector General of the Department of Transportation shall employ an independent financial consultant with experience in railroad accounting--

   Inserted: (1) to assess Amtrak's financial accounting and reporting system and practices;

   Inserted: (2) to design and assist Amtrak in implementing a modern financial accounting and reporting system, on the basis of the assessment, that will produce accurate and timely financial information in sufficient detail--

   Inserted: (A) to enable Amtrak to assign revenues and expenses appropriately to each of its lines of business and to each major activity within each line of business activity, including train operations, equipment maintenance, ticketing, and reservations;

   Inserted: (B) to aggregate expenses and revenues related to infrastructure and distinguish them from expenses and revenues related to rail operations; and

   Inserted: (C) to provide ticketing and reservation information on a real-time basis.

   Inserted: (b) Verification of System; Report.--The Inspector General of the Department of Transportation shall review the accounting system designed and implemented under subsection (a) to ensure that it accomplishes the purposes for which it is intended. The Inspector General shall report his findings and conclusions, together with any recommendations, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

   Inserted: (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $2,500,000 for fiscal year 2005 to carry out subsection (a), such sums to remain available until expended.

   Inserted: SEC. 695. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.

   Inserted: (a) Development of 5-Year Financial Plan.--The Amtrak board of directors shall submit an annual budget for Amtrak, and a 5-year financial plan for the fiscal year to which that budget relates and the subsequent 4 years, prepared in accordance with this section, to the Secretary of Transportation and the Inspector General of the Department of Transportation no later than--

   Inserted: (1) the first day of each fiscal year beginning after the date of enactment of this Act; or

   Inserted: (2) the date that is 60 days after the date of enactment of an appropriation Act for the fiscal year, if later.

   Inserted: (b) Contents of 5-Year Financial Plan.--The 5-year financial plan for Amtrak shall include, at a minimum--

   Inserted: (1) all projected revenues and expenditures for Amtrak, including governmental funding sources,

   Inserted: (2) projected ridership levels for all Amtrak passenger operations;

   Inserted: (3) revenue and expenditure forecasts for nonpassenger operations;

   Inserted: (4) capital funding requirements and expenditures necessary to maintain passenger service which will accommodate predicted ridership levels and predicted sources of capital funding;

   Inserted: (5) operational funding needs, if any, to maintain current and projected levels of passenger service, including state-supported routes and predicted funding sources;

   Inserted: (6) projected capital and operating requirements, ridership, and revenue for any new passenger service operations or service expansions;

   Inserted: (7) an assessment of the continuing financial stability of Amtrak, as indicated by factors such as: the ability of the federal government to adequately meet capital and operating requirements, Amtrak's access to long-term and short-term capital markets, Amtrak's ability to efficiently manage its workforce, and Amtrak's ability to effectively provide passenger train service.

   Inserted: (8) lump sum expenditures of $10,000,000 or more and sources of funding.

   Inserted: (9) estimates of long-term and short-term debt and associated principle and interest payments (both current and anticipated);

   Inserted: (10) annual cash flow forecasts; and

   Inserted: (11) a statement describing methods of estimation and significant assumptions.

   Inserted: (C) Standards to Promote Financial Stability.--In meeting the requirements of subsection (b) with respect to a 5-year financial plan, Amtrak shall--

   Inserted: (1) apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices; and

   Inserted: (2) use the categories specified in the financial accounting and reporting system developed under section 652 when preparing its 5-year financial plan.

   Inserted: (d) Assessment by DOT Inspector General.--

   Inserted: (1) In general.--The Inspector General of the Department of Transportation shall assess the 5-year financial plans prepared by Amtrak under this section to determine whether they meet the requirements of subsection (b), and may suggest revisions to any components thereof that do not meet those requirements.

   Inserted: (2) Assessment to be furnished to the congress.--The Inspector General shall furnish to the House of Representatives Committee on Appropriations, the Senate Committee on Appropriations, the House of Representatives Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation--

   Inserted: (A) an assessment of the annual budget within 90 days after receiving it from Amtrak; and

   Inserted: (B) an assessment of the remaining 4 years of the 5-year financial plan within 180 days after receiving it from Amtrak.

   Inserted: SEC. 696. INDEPENDENT AUDITOR TO ESTABLISH METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.

   Inserted: (a) Review.--The Secretary of Transportation shall, in consultation with the Federal Railroad Administration, execute a contract to obtain the services of an independent auditor or consultant to research and define Amtrak's past and current methodologies for determining intercity passenger rail routes and services.

   Inserted: (b) Recommendations.--The independent auditor or consultant shall recommend objective methodologies for determining such routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes.

   Inserted: (c) Submittal to Congress.--The Secretary shall submit recommendations received under subsection (b) to Amtrak, the House of Representatives Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation.

   Inserted: (d) Authorization of Appropriations.--There are authorized to be made available to the Secretary of Transportation, out of any amounts authorized by this title to be appropriated for the benefit of Amtrak and not otherwise obligated or expended, such sums as may be necessary to carry out this section.

   Inserted: SEC. 697. METRICS AND STANDARDS.

   Inserted: The Administrator of the Federal Railroad Administration shall, in consultation with Amtrak and host railroads, develop new or improve existing metrics and minimum standards for measuring the service quality of intercity train operations, including on-time performance, on-board services, stations, facilities, equipment, and other services.

   Inserted: SEC. 698. ON-TIME PERFORMANCE.

   Inserted: Section 24308 is amended by adding at the end the following:

   Inserted: "(f) On-Time Performance and Other Standards.--If the on-time performance of any intercity passenger train averages less than 80 percent for any consecutive 6-month period, or the service quality of intercity train operations for which minimum standards are established under section 697 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004 Act fails to meet those standards, Amtrak may petition the Surface Transportation Board to investigate whether, and to what extent, delays or failure to achieve minimum standards are due to causes that could reasonably be addressed by a rail carrier over the tracks of which the intercity passenger train operates, or by a regional authority providing commuter service, if any. In carrying out such an investigation, the Surface Transportation Board shall obtain information from all parties involved and make recommendations regarding reasonable measures to improve the service, quality, and on-time performance of the train.".

   Inserted: SEC. 699. RAIL COOPERATIVE RESEARCH PROGRAM.

   Inserted: (a) Requirement for Program.--

   Inserted: (1) Establishment and content.--Chapter 249 is amended by adding at the end the following:

   Inserted: "Sec. 24910. Rail cooperative research program

   Inserted: "(a) In General.--The Secretary shall establish and carry out a rail cooperative research program. The program shall--

   Inserted: "(1) address, among other matters, intercity rail passenger services, including existing rail passenger technologies and speeds, incrementally enhanced rail systems and infrastructure, and new high-speed wheel-on-rail systems and rail security;

   Inserted: "(2) consider research on the interconnectedness of commuter rail, passenger rail, and other rail networks; and

   Inserted: "(3) give consideration to regional concerns regarding rail passenger transportation, including meeting research needs common to designated high speed corridors, long-distance rail services, and regional intercity rail corridors, projects, and entities.

   Inserted: "(b) Content.--The program to be carried out under this section shall include research designed--

   Inserted: "(1) to identify the unique aspects and attributes of rail passenger service;

   Inserted: "(2) to develop more accurate models for evaluating the impact of rail passenger service, including the effects on highway and airport and airway congestion, environmental quality, and energy consumption;

   Inserted: "(3) to develop a better understanding of modal choice as it affects rail passenger transportation, including development of better models to predict utilization;

   Inserted: "(4) to recommend priorities for technology demonstration and development;

   Inserted: "(5) to meet additional priorities as determined by the advisory board established under subsection (c), including any recommendations made by the National Research Council;

   Inserted: "(6) to explore improvements in management, financing, and institutional structures;

   Inserted: "(7) to address rail capacity constraints that affect passenger rail service through a wide variety of options, ranging from operating improvements to dedicated new infrastructure, taking into account the impact of such options on operations;

   Inserted: "(8) to improve maintenance, operations, customer service, or other aspects of intercity rail passenger service;

   Inserted: "(9) to recommend objective methodologies for determining intercity passenger rail routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes;

   Inserted: "(10) to review the impact of equipment and operational safety standards on the further development of high speed passenger rail operations connected to or integrated with non-high speed freight or passenger rail operations; and

   Inserted: "(11) to recommend any legislative or regulatory changes necessary to foster further development and implementation of high speed passenger rail operations while ensuring the safety of such operations that are connected to or integrated with non-high speed freight or passenger rail operations.

   Inserted: "(c) Advisory Board.--

   Inserted: "(1) Establishment.--In consultation with the heads of appropriate Federal departments and agencies, the Secretary shall establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger and freight transportation.

   Inserted: "(2) Membership.--The advisory board shall include--

   Inserted: "(A) representatives of State transportation agencies;

   Inserted: "(B) transportation and environmental economists, scientists, and engineers; and

   Inserted: "(C) representatives of Amtrak, the Alaska Railroad, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations.

   Inserted: "(d) National Academy of Sciences.--The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to the research, technology, and technology transfer activities described in subsection (b) as the Secretary deems appropriate.".

   Inserted: (2) Clerical Amendment.--The chapter analysis for chapter 249 is amended by adding at the end the following:

   Inserted: "24910. Rail cooperative research program".

   Inserted: (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2005 through 2010 to carry out the rail cooperative research program under section 24910 of title 49, United States Code.

   Original wording

   Strike section 601 and add the following

2. 2

   Change 2: Rewrites section 4601

   Replaces

   Removes section 4601.

   Inserted: (1) by striking paragraph (2);

   Inserted: (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and

   Inserted: (3) by inserting after paragraph (4) as so redesignated the following:

   Inserted: "(5) 'national rail passenger transportation system' means--

   Inserted: "(A) the segment of the Northeast Corridor between Boston, Massachusetts and Washington, D.C.;

   Inserted: "(B) rail corridors that have been designated by the Secretary of Transportation as high-speed corridors, but only after they have been improved to permit operation of high-speed service;

   Inserted: "(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004; and

   Inserted: "(D) short-distance corridors or routes operated by Amtrak.".

   Inserted: (b) Amtrak Routes With State Funding.--

   Inserted: (1) In general.--Chapter 247 is amended by 1 inserting after section 24701 the following:

   Inserted: "24702. Transportation requested by States, authorities, and

   Inserted: other persons

   Show 216 more inserted paragraphsShow less

   Inserted: "(a) Contracts for, Transportation.--Amtrak and a State, a regional or local authority, or another person may enter into a contract for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree.

   Inserted: "(b) Discontinuance.--Upon termination of a contract entered into under this section, or the cessation of financial support under such a contract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law.".

   Inserted: (2) Conforming amendment.--The chapter analysis for chapter 247 is amended by inserting after the item relating to section 24701 the following:

   Inserted: "24702. Transportation requested by States, authorities, and other persons".

   Inserted: (c) Amtrak To Continue To Provide Non-High-speed Services.--Nothing in this subtitle is intended to preclude Amtrak from restoring, improving, or developing non-high-speed intercity passenger rail service.

   Inserted: SEC. 4682. REPAYMENT OF LOAN TO NATIONAL RAILROAD PASSENGER CORPORATION.

   Inserted: (a) In General.--The Secretary of Transportation may not collect any payments of principal or interest for the direct loan made to the National Railroad Passenger Corporation under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822). There are authorized to be appropriated to the Secretary for fiscal year 2005 $100,000,000 for the purpose of repaying that loan to the Secretary of the Treasury. The Secretary of Transportation shall waive any conditions imposed under the loan.

   Inserted: (b) Certain Conditions Waived.--Section 151 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004, is repealed.

   Inserted: (c) Federal Railroad Administration.--

   Inserted: (1) In general--Section 11123 is amended--

   Inserted: (A) by striking "failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation," in subsection (a);

   Inserted: (B) by inserting "or" after the semicolon in subsection (a)(3);

   Inserted: (C) by striking "permits; or" in subsection (a)(4) and inserting "permits.";

   Inserted: (D) by striking paragraph (5) of subsection (a);

   Inserted: (E) by striking "(A) Except as provided in subparagraph (B), when" in subsection (b)(3) and inserting "When";

   Inserted: (F) by striking subparagraph (B) of subsection (b)(3);

   Inserted: (G) by striking paragraph (4) of subsection (c); and

   Inserted: (H) by striking subsections (e) and (f).

   Inserted: (2) Section 24301(c) is amended by striking "11123,".

   Inserted: SEC. 4683. RESTRUCTURING OF LONG-TERM DEBT AND CAPITAL LEASES.

   Inserted: (a) In General.--The Secretary of the Treasury shall work with the Secretary of Transportation and Amtrak to restructure Amtrak's indebtedness as of the date of enactment of this Act.

   Inserted: (b) New Debt Prohibition.--Except as approved by the Secretary of Transportation, Amtrak may not enter into any obligation secured by assets of the Corporation after the date of enactment of this Act. This section does not prohibit unsecured lines of credit used by Amtrak or any subsidiary for working capital purposes.

   Inserted: (c) Debt Redemption.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall enter into negotiations with the holders of Amtrak debt, including leases, that is outstanding on the date of enactment of this Act for the purpose of redeeming or restructuring that debt. The Secretary, in consultation with the Secretary of the Treasury, shall secure agreements for repayment on such terms as the Secretary deems favorable to the interests of the Government. Payments for such redemption may be made after October 1, 2005, in either a single payment or a series of payments, but in no case shall the repayment period extend beyond September 30, 2010.

   Inserted: (d) Criteria.--In redeeming or restructuring Amtrak's indebtedness, the Secretaries and Amtrak--

   Inserted: (1) shall ensure that the restructuring imposes the least practicable burden on taxpayers; and

   Inserted: (2) take into consideration repayment costs, the term of any loan or loans, and market conditions.

   Inserted: (e) Authorization.--There are authorized to be appropriated to the Secretary such sums as may be necessary for fiscal years 2005 through 2010 to restructure or redeem Amtrak's secured debt.

   Inserted: (f) Amtrak Principal and Interest Payments.--

   Inserted: (1) Principal on debt service.--Unless the Secretary of Transportation and the Secretary of the Treasury restructure in its entirety or redeem the debt, there are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for retirement of principal on loans for capital equipment, or capital leases, not more than the following amounts:

   Inserted: (A) For fiscal year 2005, $109,500,000.

   Inserted: (B) For fiscal year 2006, $114,700,000.

   Inserted: (C) For fiscal year 2007, $202,900,000.

   Inserted: (D) For fiscal year 2008, $164,300,000.

   Inserted: (E) For fiscal year 2009, $155,800,000.

   Inserted: (F) For fiscal year 2010, $203,500,000.

   Inserted: (2) Interest on debt.--Unless the Secretary of Transportation and the Secretary of the Treasury restructure or redeem the debt, there are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for the payment of interest on loans for capital equipment, or capital leases, the following amounts:

   Inserted: (A) For fiscal year 2005, $151,300,000.

   Inserted: (B) For fiscal year 2006, $146,300,000.

   Inserted: (C) For fiscal year 2007, $137,500,000.

   Inserted: (D) For fiscal year 2008, $125,300,000.

   Inserted: (E) For fiscal year 2009, $117,100,000.

   Inserted: (F) For fiscal year 2010, $107,800,000.

   Inserted: (3) Reductions in authorization on levels.--Whenever action taken by the Secretary of the Treasury under subsection (c) results in reductions in amounts of principle and interest that Amtrak must service on existing debt, Amtrak shall submit to the Senate Committee on Commerce, Science and Transportation, the House of Representatives Committee on Transportation and Infrastructure, the Senate Committee on Appropriations, and House of Representatives Committee on Appropriations revised requests for amounts authorized by paragraphs (1) and (2) that reflect the such reductions.

   Inserted: SEC. 4684. GENERAL AMTRAK AUTHORIZATIONS.

   Inserted: (a) Repeal of Self-Sufficiency Requirements.

   Inserted: (1) Title 49 amendments.--Chapter 241 is amended--

   Inserted: (A) by striking the last sentence of section 24101(d); and

   Inserted: (B) by striking the last sentence of section 24104(a).

   Inserted: (2) Amtrak reform and accountability act amendments.--Title II of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 nt) is amended by striking sections 204 and 205.

   Inserted: (3) Common stock redemption date.--Section 415 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304 nt) is amended by striking subsection (b).

   Inserted: (b) Lease Arrangements.--Amtrak may obtain services from the Administrator of General Services, and the Administrator may provide services to Amtrak, under section 201(b) and 211(b) of the Federal Property and Administrative Service Act of 1949 (40 U.S.C. 481(b) and 491(b)) for each of fiscal years 2005 through 2009.

   Inserted: (c) Financial Powers.--Section 415(d) of the Amtrak Reform and Accountability Act of 1997 by adding at the end the following:

   Inserted: "(3) This section does not affect the applicability of section 3729 of title 31, United States Code, to claims made against Amtrak.".

   Inserted: (d) Amtrak Reports.--Section 24315 is amended--

   Inserted: (1) by striking "February 15" in subsection (a) and inserting "January 31st";

   Inserted: (2) by striking subparagraph (B) of subsection (a)(1) and inserting the following:

   Inserted: "(B) the route profitability survey data, excluding interest and depreciation costs, or any other route cost allocation or profitability analysis that Amtrak develops;";

   Inserted: (3) by striking subparagraph (D) of subsection (a)(1) and inserting the following:

   Inserted: "(D) the total revenue-to-total cost ratio;";

   Inserted: (4) by striking subparagraphs (C), (F), and (G) of subsection (a)(1), and redesignating subparagraphs (D), (E), and (H) as subparagraphs (C), (D), and (E), respectively; and

   Inserted: (5) by striking "February 15" in subsection (b) and inserting "January 31st".

   Inserted: SEC. 4685. EXCESS RAILROAD RETIREMENT.

   Inserted: Beginning in fiscal year 2005, the Secretary of the Treasury each year shall pay to the Railroad Retirement Account an amount equal to the amount Amtrak must pay under section 3221 of the Internal Revenue Code of 1986 in fiscal years that is more than the amount needed for benefits for individuals who retire from Amtrak and for their beneficiaries. There are authorized to be appropriated such sums as may be necessary in each fiscal year beginning after fiscal year 2005 through 2010 for these payments.

   Inserted: SEC. 4686. AUTHORIZATIONS FOR ENVIRONMENTAL COMPLIANCE AND STATION IMPROVEMENTS.

   Inserted: (a) Environmental Compliance.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak in order to comply with environmental regulations the following amounts:

   Inserted: (A) For fiscal year 2005, $18,800,000.

   Inserted: (B) For fiscal year 2006, $21,700,000.

   Inserted: (C) For fiscal year 2007, $22,300,000.

   Inserted: (D) For fiscal year 2008, $15,100,000.

   Inserted: (E) For fiscal year 2009, $15,900,000.

   Inserted: (F) For fiscal year 2010, $16,000,000.

   Inserted: (b) Capital Improvements to Stations.--

   Inserted: (1) In general.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for capital improvements to stations, including an initial assessment of the full set of accessibility needs across the national rail passenger transportation system and improved accessibility for the elderly and people with disabilities and in Amtrak facilities and stations, the following amounts:

   Inserted: (A) For fiscal year 2005, $17,100,000.

   Inserted: (B) For fiscal year 2006, $19,800,000.

   Inserted: (C) For fiscal year 2007, $19,800,000.

   Inserted: (D) For fiscal year 2008, $19,000,000.

   Inserted: (E) For fiscal year 2009, $19,000,000.

   Inserted: (F) For fiscal year 2010, $19,000,000.

   Inserted: (2) Study of compliance requirements at existing intercity rail stations.--Amtrak shall evaluate the improvements necessary to make all existing stations it serves readily accessible to and usable by individuals with disabilities, as required by section 242(e)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The evaluation shall include the estimated cost of the improvements necessary, the identification of the responsible person (as defined in section 241(5) of that Act (42 U.S.C. 12161(5))), and the earliest practicable date when such improvements can be made. Amtrak shall submit the survey to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the National Council on Disability by September 30, 2005, along with recommendations for funding the necessary improvements.

   Inserted: SEC. 4687. TUNNEL LIFE SAFETY.

   Inserted: (a) Life Safety Needs.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005:

   Inserted: (1) $677,000,000 for the 6 New York tunnels built in 1910 to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers.

   Inserted: (2) $57,000,000 for the Baltimore & Potomac tunnel built in 1872 to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades.

   Inserted: (3) $40,000,000 for the Washington, D.C., Union Station tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings to improve ventilation, communication, lighting, and passenger egress upgrades.

   Inserted: (b) Infrastructure Upgrades.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak $3,000,000 for fiscal year 2005 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels.

   Inserted: (d) Financial Contribution From Other Tunnel Users.--The Secretary shall, taking into account the need for the timely completion of all life safety portions of the tunnel projects described in subsection (a)--

   Inserted: (1) consider the extent to which rail carriers other than Amtrak use the tunnels;

   Inserted: (2) consider the feasibility of seeking a financial contribution from those other rail carriers toward the costs of the projects; and

   Inserted: (3) obtain financial contributions or commitments from such other rail carriers if feasible.

   Inserted: (e) Availability of Funds.--Amounts appropriated pursuant to this section shall remain available until expended.

   Inserted: SEC. 4688. AUTHORIZATION FOR CAPITAL AND OPERATING EXPENSES.

   Inserted: (a) Operating Expenses.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for operating costs the following amounts:

   Inserted: (1) For fiscal year 2005, $581,400,000.

   Inserted: (2) For fiscal year 2006, $566,700,000.

   Inserted: (3) For fiscal year 2007, $557,700,000.

   Inserted: (4) For fiscal year 2008; $528,500,000.

   Inserted: (5) For fiscal year 2009, $522,000,000.

   Inserted: (6) For fiscal year 2010, $522,000,000.

   Inserted: (b) Capital Backlog and Upgrades.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for capital expenses, the following amounts:

   Inserted: (1) For fiscal year 2005, $741,500,000.

   Inserted: (2) For fiscal year 2006, $835,200,000.

   Inserted: (3) For fiscal year 2007, $760,800,000.

   Inserted: (4) For fiscal year 2008, $733,600,000.

   Inserted: (5) For fiscal year 2009, $774,300,000.

   Inserted: (6) For fiscal year 2010, $874,300,000.

   Inserted: (c) Replacement Equipment.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for the purchase of replacement passenger rail equipment the following amounts:

   Inserted: (1) For fiscal year 2006, $250,000,000.

   Inserted: (2) For fiscal year 2007, $250,000,000.

   Inserted: (3) For fiscal year 2008, $350,000,000.

   Inserted: (4) For fiscal year 2009, $350,000,000.

   Inserted: (5) For fiscal year 2010, $350,000,000.

   Inserted: SEC. 4689. GRANTS NOT CONSIDERED TO REPLACE FEDERAL OPERATING OR CAPITAL SUPPORT.

   Inserted: Grants or assistance provided directly to a State or group of States by the Secretary under this title for rail infrastructure investments shall not be considered to reduce or replace the authorizations or the need for annual Federal appropriations for the National Railroad Passenger Corporation.

   Inserted: SEC. 4690. ESTABLISHMENT OF GRANT PROCESS.

   Inserted: (a) Grant Requests.--Amtrak shall submit grant requests to the Secretary of Transportation for funds authorized to be appropriated to the Secretary for the use of Amtrak under sections 686, 687, and 688.

   Inserted: (b) Procedures for Grant Requests.--The Secretary shall establish substantive and procedural requirements, including schedules, for grant requests under this section not later than 30 days after the date of enactment of this Act and shall transmit copies to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

   Inserted: (c) Review and Approval.--

   Inserted: (1) 30-Day process.--The Secretary shall complete the review of a grant request and approve or disapprove the request within 30 days after the date on which Amtrak submits the grant request.

   Inserted: (2) Incomplete or deficient requests.--If the Secretary disapproves the request or determines that the request is incomplete or deficient, the Secretary shall immediately notify Amtrak of the reason for disapproval or the incomplete items or deficiencies. Within 15 days after receiving notification from the Secretary under the preceding sentence, Amtrak shall submit a modified request for the Secretary's review.

   Inserted: (3) Revised requests.--Within 15 days after receiving a modified request from Amtrak, the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.

   Inserted: SEC. 4691. STATE-SUPPORTED ROUTES.

   Inserted: The Board of Directors of Amtrak, in consultation with the Secretary of Transportation and the chief executive officer of each State and the District of Columbia, shall develop a formula for funding the operating costs of trains operating on routes not in excess of 750 miles in length that--

   Inserted: (1) is equitable and fair; and

   Inserted: (2) ensures, within 5 years after the date of enactment of this Act, equal treatment of all States (and the District of Columbia) and groups of States (including the District of Columbia).

   Inserted: SEC. 4692. RE-ESTABLISHMENT OF NORTHEAST CORRIDOR SAFETY COMMITTEE.

   Inserted: (a) Re-establishment of Northeast Corridor Safety Committee.--The Secretary of Transportation shall re-establish the Northeast Corridor Safety Committee authorized by section 24905(b) of title 49, United States Code.

   Inserted: (b) Termination Date.--Section 24905(b)(4) is amended by striking "January 1, 1999," and inserting "January 1, 2009,".

   Inserted: SEC. 4693. AMTRAK BOARD OF DIRECTORS.

   Inserted: Section 24302 is amended to read as follows:

   Inserted: "Sec. 24302. Board of directors

   Inserted: "(a) Composition and Terms.--

   Inserted: "(1) The board of directors of Amtrak is composed of the following 9 directors, each of whom must be a citizen of the United States:

   Inserted: "(A) The President of Amtrak.

   Inserted: "(B) The Secretary of Transportation.

   Inserted: "(C) 7 individuals appointed by the President of the United States, by and with the advice and consent of the Senate, with experience and qualifications in or directly related to rail transportation, including representatives of freight and passenger rail transportation, travel, hospitality, cruise line, and passenger air transportation businesses, consumers of passenger rail transportation, and State government.

   Inserted: "(2) In selecting individuals described in paragraph (1) for nominations for appointments to the Board, the President shall consult with the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate and should ensure adequate and balanced representation of the major geographic regions of the United States.

   Inserted: "(3) Each member shall be appointed for a term of 5 years and until the individual's successor is appointed and qualified. Not more than 4 individuals appointed under paragraph (1)(C) may be members of the same political party.

   Inserted: "(4) The board shall elect a chairman and a vice chairman from among its membership. The vice chairman shall serve as chairman in the absence of the chairman.

   Inserted: "(5) The Secretary may be represented at board meetings by the Secretary's designee.

   Inserted: "(b) Pay and Expenses.--Each director not employed by the United States Government is entitled to $300 a day when performing board duties and powers. Each director is entitled to reimbursement for necessary travel, reasonable secretarial and professional staff support, and subsistence expenses incurred in attending board meetings.

   Inserted: "(c) Vacancies.--A vacancy on the board is filled in the same way as the original selection, except that an individual appointed by the President of the United States under subsection (a)(1)(C) of this section to fill a vacancy occurring before the end of the term for which the predecessor of that individual was appointed is appointed for the remainder of that term. A vacancy required to be filled by appointment under subsection (a)(1)(C) must be filled not later than 120 days after the vacancy occurs.

   Inserted: "(d) Bylaws.--The board may adopt and amend bylaws governing the operation of Amtrak. The bylaws shall be consistent with this part and the articles of incorporation.".

   Inserted: SEC. 4694. ESTABLISHMENT OF FINANCIAL ACCOUNTING SYSTEM FOR AMTRAK OPERATIONS BY INDEPENDENT AUDITOR.

   Inserted: (a) In General.--The Inspector General of the Department of Transportation shall employ an independent financial consultant with experience in railroad accounting--

   Inserted: (1) to assess Amtrak's financial accounting and reporting system and practices;

   Inserted: (2) to design and assist Amtrak in implementing a modern financial accounting and reporting system, on the basis of the assessment, that will produce accurate and timely financial information in sufficient detail--

   Inserted: (A) to enable Amtrak to assign revenues and expenses appropriately to each of its lines of business and to each major activity within each line of business activity, including train operations, equipment maintenance, ticketing, and reservations;

   Inserted: (B) to aggregate expenses and revenues related to infrastructure and distinguish them from expenses and revenues related to rail operations; and

   Inserted: (C) to provide ticketing and reservation information on a real-time basis.

   Inserted: (b) Verification of System; Report.--The Inspector General of the Department of Transportation shall review the accounting system designed and implemented under subsection (a) to ensure that it accomplishes the purposes for which it is intended. The Inspector General shall report his findings and conclusions, together with any recommendations, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

   Inserted: (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $2,500,000 for fiscal year 2005 to carry out subsection (a), such sums to remain available until expended.

   Inserted: SEC. 4695. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.

   Inserted: (a) Development of 5-year, Financial Plan.--The Amtrak board of directors shall submit an annual budget for Amtrak, and a 5-year financial plan for the fiscal year to which that budget relates and the subsequent 4 years, prepared in accordance with this section, to the Secretary of Transportation and the Inspector General of the Department of Transportation no later than--

   Inserted: (1) the first day of each fiscal year beginning after the date of enactment of this Act; or

   Inserted: (2) the date that is 60 days after the date of enactment of an appropriation Act for the fiscal year, if later.

   Inserted: (b) Contents of 5-year Financial Plan.--The 5-year financial plan for Amtrak shall include, at a minimum--

   Inserted: (1) all projected revenues and expenditures for Amtrak, including governmental funding sources;

   Inserted: (2) projected ridership levels for all Amtrak passenger operations;

   Inserted: (3) revenue and expenditure forecasts for nonpassenger operations;

   Inserted: (4) capital funding requirements and expenditures necessary to maintain passenger service which will accommodate predicted ridership levels and predicted sources of capital funding;

   Inserted: (5) operational funding needs, if any, to maintain current and projected levels of passenger service, including state-supported routes and predicted funding sources;

   Inserted: (6) projected capital and operating requirements, ridership, and revenue for any new passenger service operations or service expansions;

   Inserted: (7) an assessment of the continuing financial stability of Amtrak, as indicated by factors such as: the ability of the federal government to adequately meet capital and operating requirements, Amtrak's access to long-term and short-term capital markets, Amtrak's ability to efficiently manage its workforce, and Amtrak's ability to effectively provide passenger train service;

   Inserted: (8) lump sum expenditures of $10,000,000 or more and sources of funding;

   Inserted: (9) estimates of long-term and short-term debt and associated principle and interest payments (both current and anticipated);

   Inserted: (10) annual cash flow forecasts; and

   Inserted: (11) a statement describing methods of estimation and significant assumptions.

   Inserted: (c) Standards To Promote Financial Stability.--In meeting the requirements of subsection (b) with respect to a 5-year financial plan, Amtrak shall--

   Inserted: (1) apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices; and

   Inserted: (2) use the categories specified in the financial accounting and reporting system developed under section 4652 when preparing its 5-year financial plan.

   Inserted: (d) Assessment by DOT Inspector General.--

   Inserted: (1) In general.--The Inspector General of the Department of Transportation shall assess the 5-year financial plans prepared by Amtrak under this section to determine whether they meet the requirements of subsection (b), and may suggest revisions to any components thereof that do not meet those requirements.

   Inserted: (2) Assessment to be furnished to the congress.--The Inspector General shall furnish to the House of Representatives Committee on Appropriations, the Senate Committee on Appropriations, the House of Representatives Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation--

   Inserted: (A) an assessment of the annual budget within 90 days after receiving it from Amtrak; and

   Inserted: (B) an assessment of the remaining 4 years of the 5-year financial plan within 180 days after receiving it from Amtrak.

   Inserted: SEC. 4696. INDEPENDENT AUDITOR TO ESTABLISH METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.

   Inserted: (a) Review.--The Secretary of Transportation shall, in consultation with the Federal Railroad Administration, execute a contract to obtain the services of an independent auditor or consultant to research and define Amtrak's past and current methodologies for determining intercity passenger rail routes and services.

   Inserted: (b) Recommendations.--The independent auditor or consultant shall recommend objective methodologies for determining such routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes.

   Inserted: (c) Submittal to Congress.--The Secretary shall submit recommendations received under subsection (b) to Amtrak, the House of Representatives Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation.

   Inserted: (d) Authorization of Appropriations.--There are authorized to be made available to the Secretary of Transportation, out of any amounts authorized by this title to be appropriated for the benefit of Amtrak and not otherwise obligated or expended, such sums as may be necessary to carry out this section.

   Inserted: SEC. 4697. METRICS AND STANDARDS.

   Inserted: The Administrator of the Federal Railroad Administration shall, in consultation with Amtrak and host railroads, develop new or improve existing metrics and minimum standards for measuring the service quality of intercity train operations, including on-time performance, onboard services, stations, facilities, equipment, and other services.

   Inserted: SEC. 4698. ON-TIME PERFORMANCE.

   Inserted: Section 24308 is amended by adding at the end the following:

   Inserted: "(f) On-Time Performance and Other Standards.--If the on-time performance of any intercity passenger train averages less than 80 percent for any consecutive 6-month period, or the service quality of intercity train operations for which minimum standards are established under section 4697 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004 Act fails to meet those standards, Amtrak may petition the Surface Transportation Board to investigate whether, and to what extent, delays or failure to achieve minimum standards are due to causes that could reasonably be addressed by a rail carrier over the tracks of which the intercity passenger train operates, or by a regional authority providing commuter service, if any. In carrying out such an investigation, the Surface Transportation Board shall obtain information from all parties involved and make recommendations regarding reasonable measures to improve the service, quality, and on-time performance of the train.".

   Inserted: SEC. 4699. RAIL COOPERATIVE RESEARCH PROGRAM.

   Inserted: (a) Requirement for Program.--

   Inserted: (1) Establishment and content.--Chapter 249 is amended by adding at the end the following:

   Inserted: "24910. Rail cooperative research program

   Inserted: "(a) In General.--The Secretary shall establish and carry out a rail cooperative research program. The program shall--

   Inserted: "(1) address, among other matters, intercity rail passenger services, including existing rail passenger technologies and speeds, incrementally enhanced rail systems and infrastructure, and new high-speed wheel-on-rail systems and rail security;

   Inserted: "(2) consider research on the interconnectedness of commuter rail, passenger rail, and other rail networks; and

   Inserted: "(3) give consideration to regional concerns regarding rail passenger transportation, including meeting research needs common to designated high speed corridors, long-distance rail services, and regional intercity rail corridors, projects, and entities.

   Inserted: "(b) Content.--The program to be carried out finder this section shall include research designed--

   Inserted: "(1) to identify the unique aspects and attributes of rail passenger service;

   Inserted: "(2) to develop more accurate models for evaluating the impact of rail passenger service, including the effects on highway and airport and airway congestion, environmental quality, and energy consumption;

   Inserted: "(3) to develop a better understanding of modal choice as it affects rail passenger transportation, including development of better models to predict utilization;

   Inserted: "(4) to recommend priorities for technology demonstration and development;

   Inserted: "(5) to meet additional priorities as determined by the advisory board established under subsection (c), including any recommendations made by the National Research Council;

   Inserted: "(6) to explore improvements in management, financing, and institutional structures;

   Inserted: "(7) to address rail capacity constraints that affect passenger rail service through a wide variety of options, ranging from operating improvements to dedicated new infrastructure, taking into account the impact of such options on operations;

   Inserted: "(8) to improve maintenance, operations, customer service, or other aspects of intercity rail passenger service;

   Inserted: "(9) to recommend objective methodologies for determining intercity passenger rail routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes;

   Inserted: "(10) to review the impact of equipment and operational safety standards on the further development of high speed passenger rail operations connected to or integrated with non-high speed freight or passenger rail operations; and

   Inserted: "(11) to recommend any legislative or regulatory changes necessary to foster further development and implementation of high speed passenger rail operations while ensuring the safety of such operations that are connected to or integrated with non-high speed freight or passenger rail operations.

   Inserted: "(c) Advisory Board.--

   Inserted: "(1) Establishment.--In consultation with the heads of appropriate Federal departments and agencies, the Secretary shall establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger and freight transportation.

   Inserted: "(2) Membership.--The advisory board shall include--

   Inserted: "(A) representatives of State transportation agencies;

   Inserted: "(B) transportation and environmental economists, scientists, and engineers; and

   Inserted: "(C) representatives of Amtrak, the Alaska Railroad, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations.

   Inserted: "(d) National Academy of Sciences.--The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to the research, technology, and technology transfer activities described in subsection (b) as the Secretary deems appropriate.".

   Inserted: (2) Clerical Amendment.--The chapter analysis for chapter 249 is amended by adding at the end the following:

   Inserted: "24910. Rail cooperative research program".

   Inserted: (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2005 through 2010 to carry out the rail cooperative research program under section 24910 of title 49, United States Code.

   Original wording

   Strike section 4601 and add the following

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As printed