To reauthorize Amtrak, and for other purposes.

SA 2360. Mr. LOTT (for himself, Mr. Lautenberg, Mr. Stevens, Mr.
Inouye, Mr. Burns, Mr. Carper, Mr. Specter, Mrs. Clinton, Mr. Chafee,
Mr. Corzine, Mr. Schumer, and Mr. Biden) submitted an amendment
intended to be proposed by him to the bill S. 1932, to provide for
reconciliation pursuant to section 202(a) of the concurrent resolution
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows:

DIVISION     --AMTRAK REAUTHORIZATION

SECTION 1. SHORT TITLE.

This division may be cited as the ``Passenger Rail
Investment and Improvement Act of 2005''.

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

Except as otherwise specifically provided, whenever in this
division an amendment is expressed in terms of an amendment
to a section or other provision of law, the reference shall
be considered to be made to a section or other provision of
title 49, United States Code.

SEC. 3. TABLE OF CONTENTS.

The table of contents for this division is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.

Title I--Authorizations

Sec. 101. Authorization for Amtrak capital and operating expenses and
State capital grants.
Sec. 102. Authorization for the Federal Railroad Administration.
Sec. 103. Repayment of long-term debt and capital leases.
Sec. 104. Excess railroad retirement.
Sec. 105. Other authorizations.

Title II--Amtrak Reform and Operational Improvements

Sec. 201. National railroad passenger transportation system defined.
Sec. 202. Amtrak Board of Directors.
Sec. 203. Establishment of improved financial accounting system.
Sec. 204. Development of 5-year financial plan.

[[Page S12257]]

Sec. 205. Establishment of grant process.
Sec. 206. State-supported routes.
Sec. 207. Independent auditor to establish methodologies for Amtrak
route and service planning decisions.
Sec. 208. Metrics and standards.
Sec. 209. Passenger train performance.
Sec. 210. Long distance routes.
Sec. 211. Alternate passenger rail service program.
Sec. 212. Employee transition assistance.
Sec. 213. Northeast Corridor state-of-good-repair plan.
Sec. 214. Northeast Corridor infrastructure and operations
improvements.
Sec. 215. Restructuring long-term debt and capital leases.
Sec. 216. Study of compliance requirements at existing intercity rail
stations.
Sec. 217. Incentive pay.
Sec. 218. Access to Amtrak equipment and services.
Sec. 219. General Amtrak provisions.
Sec. 220. Private sector funding of passenger trains.
Sec. 221. On-board service improvements.
Sec. 222. Management accountability.

Title III--Intercity Passenger Rail Policy

Sec. 301. Capital assistance for intercity passenger rail service.
Sec. 302. State rail plans.
Sec. 303. Next generation corridor train equipment pool.
Sec. 304. Federal rail policy.
Sec. 305. Rail cooperative research program.

Title IV--Passenger Rail Security and Safety

Sec. 401. Systemwide Amtrak security upgrades.
Sec. 402. Fire and life-safety improvements.
Sec. 403. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 404. Northern border rail passenger report.
Sec. 405. Passenger, baggage, and cargo screening.

TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING
EXPENSES AND STATE CAPITAL GRANTS.

(a) Operating Grants.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for operating costs the following amounts:
(1) For fiscal year 2006, $580,000,000.
(2) For fiscal year 2007, $590,000,000.
(3) For fiscal year 2008, $600,000,000.
(4) For fiscal year 2009, $575,000,000.
(5) For fiscal year 2010, $535,000,000.
(6) For fiscal year 2011, $455,000,000.
(b) Capital Grants.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for capital projects (as defined in subparagraphs
(A) and (B) of section 24401(2) of title 49, United States
Code) to bring the Northeast Corridor (as defined in section
24102(a)) to a state-of-good-repair, for capital expenses of
the national railroad passenger transportation system, and
for purposes of making capital grants under section 24402 of
that title to States, the following amounts:
(1) For fiscal year 2006, $813,000,000.
(2) For fiscal year 2007, $910,000,000.
(3) For fiscal year 2008, $1,071,000,000.
(4) For fiscal year 2009, $1,096,000,000.
(5) For fiscal year 2010, $1,191,000,000.
(6) For fiscal year 2011, $1,231,000,000.
(c) Amounts for State Grants.--Out of the amounts
authorized under subsection (b), the following percentage
shall be available each fiscal year for capital grants to
States under section 24402 of title 49, United States Code,
to be administered by the Secretary of Transportation:
(1) 3 percent for fiscal year 2006.
(2) 11 percent for fiscal year 2007.
(3) 23 percent for fiscal year 2008.
(4) 25 percent for fiscal year 2009.
(5) 31 percent for fiscal year 2010.
(6) 33 percent for fiscal year 2011.
(d) Project Management Oversight.--The Secretary may
withhold up to \1/2\ of 1 percent of amounts appropriated
pursuant to subsection (b) for the costs of project
management oversight of capital projects carried out by
Amtrak.

SEC. 102. AUTHORIZATION FOR THE FEDERAL RAILROAD
ADMINISTRATION.

There are authorized to be appropriated to the Secretary of
Transportation for the use of the Federal Railroad
Administration such sums as necessary to implement the
provisions required under this division for fiscal years 2006
through 2011.

SEC. 103. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.

(a) Amtrak Principal and Interest Payments.--
(1) Principal on debt service.--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:
(A) For fiscal year 2006, $130,200,000.
(B) For fiscal year 2007, $140,700,000.
(C) For fiscal year 2008, $156,000,000.
(D) For fiscal year 2009, $183,800,000.
(E) For fiscal year 2010, $156,100,000.
(F) For fiscal year 2011, $193,500,000.
(2) Interest on 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:
(A) For fiscal year 2006, $148,100,000.
(B) For fiscal year 2007, $141,500,000.
(C) For fiscal year 2008, $133,800,000.
(D) For fiscal year 2009, $124,000,000.
(E) For fiscal year 2010, $113,900,000.
(F) For fiscal year 2011, $103,800,000.
(3) Early Buyout Option.--There are authorized to be
appropriated to the Secretary of Transportation such sums as
may be necessary for the use of Amtrak for the payment of
costs associated with early buyout options if the exercise of
those options is determined to be advantageous to Amtrak.
(4) Legal effect of payments under this section.--The
payment of principal and interest on secured debt, with the
proceeds of grants authorized by this section shall not--
(A) modify the extent or nature of any indebtedness of the
National Railroad Passenger Corporation to the United States
in existence of the date of enactment of this Act;
(B) change the private nature of Amtrak's or its
successors' liabilities; or
(C) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.

SEC. 104. EXCESS RAILROAD RETIREMENT.

There are authorized to be appropriated to the Secretary of
Transportation, beginning with fiscal year 2006, such sums as
may be necessary to 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 such fiscal years
that is more than the amount needed for benefits for
individuals who retire from Amtrak and for their
beneficiaries. For each fiscal year in which the Secretary
makes such a payment, the amounts authorized by section
101(a) shall be reduced by an amount equal to such payment.

SEC. 105. OTHER AUTHORIZATIONS.

There are authorized to be appropriated to the Secretary of
Transportation--
(1) $5,000,000 for each of fiscal years 2006 through 2011
to carry out the rail cooperative research program under
section 24910 of title 49, United States Code;
(2) $5,000,000 for fiscal year 2006, to remain available
until expended, for grants to Amtrak and States participating
in the Next Generation Corridor Train Equipment Pool
Committee established under section 303 of this division for
the purpose of designing, developing specifications for, and
initiating the procurement of an initial order of 1 or more
types of standardized next-generation corridor train
equipment and establishing a jointly-owned corporation to
manage that equipment; and
(3) $2,000,000 for fiscal year 2007, for the use of Amtrak
in conducting the evaluation required by section 216 of this
division.

TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS

SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM
DEFINED.

(a) In General.--Section 24102 is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated the
following:
``(5) `national rail passenger transportation system'
means--
``(A) the segment of the Northeast Corridor between Boston,
Massachusetts and Washington, D.C.;
``(B) rail corridors that have been designated by the
Secretary of Transportation as high-speed corridors (other
than corridors described in subparagraph (A)), but only after
they have been improved to permit operation of high-speed
service;
``(C) long distance routes of more than 750 miles between
endpoints operated by Amtrak as of the date of enactment of
the Passenger Rail Investment and Improvement Act of 2005;
and
``(D) short-distance corridors, or routes of not more than
750 miles between endpoints, operated by--
``(i) Amtrak; or
``(ii) another rail carrier that receives funds under
chapter 244.''.
(b) Amtrak Routes With State Funding.--
(1) In general.--Chapter 247 is amended by inserting after
section 24701 the following:

``Sec. 24702. Transportation requested by States,
authorities, and other persons

``(a) Contracts for Transportation.--Amtrak may enter into
a contract with a State, a regional or local authority, or
another person 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.
``(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.''.
(2) Conforming amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to
section 24701 the following:

``24702. Transportation requested by States, authorities, and other
persons''.

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

[[Page S12258]]

(d) Applicability of Section 24706.--Section 24706 is
amended by adding at the end the following:
``(c) Applicability.--This section applies to all service
over routes provided by Amtrak, notwithstanding any provision
of section 24701 of this title or any other provision of this
title except section 24702(b).''.

SEC. 202. AMTRAK BOARD OF DIRECTORS.

(a) In General.--Section 24302 is amended to read as
follows:

``Sec. 24302. Board of directors

``(a) Composition and Terms.--
``(1) The Board of Directors of Amtrak is composed of the
following 10 directors, each of whom must be a citizen of the
United States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak, who shall serve ex officio,
as a non-voting member.
``(C) 8 individuals appointed by the President of the
United States, by and with the advice and consent of the
Senate, with general business and financial experience,
experience or qualifications in transportation, freight and
passenger rail transportation, travel, hospitality, cruise
line, and passenger air transportation businesses, or
representatives of employees or users of passenger rail
transportation or a State government.
``(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 try to provide adequate and
balanced representation of the major geographic regions of
the United States served by Amtrak.
``(3) An individual appointed under paragraph (1)(C) of
this subsection serves for 5 years or until the individual's
successor is appointed and qualified. Not more than 5
individuals appointed under paragraph (1)(C) may be members
of the same political party.
``(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.
``(5) The Secretary may be represented at board meetings by
the Secretary's designee.
``(6) The voting privileges of the President can be changed
by a unanimous decision of the Board.
``(b) Pay and Expenses.--Each director not employed by the
United States Government is entitled to $300 a day when
performing Board duties. Each Director is entitled to
reimbursement for necessary travel, reasonable secretarial
and professional staff support, and subsistence expenses
incurred in attending Board meetings.
``(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.
``(d) Quorum.--A majority of the members serving shall
constitute a quorum for doing business.
``(e) 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.''.
(b) Effective Date for Directors' Provision.--The amendment
made by subsection (a) shall take effect on January 1, 2006.
The members of the Amtrak Board serving on the date of
enactment of this Act may continue to serve for the remainder
of the term to which they were appointed.

SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING
SYSTEM.

(a) In General.--The Amtrak Board of Directors--
(1) may employ an independent financial consultant with
experience in railroad accounting to assist Amtrak in
improving Amtrak's financial accounting and reporting system
and practices; and
(2) shall implement a modern financial accounting and
reporting system that will produce accurate and timely
financial information in sufficient detail--
(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;
(B) to aggregate expenses and revenues related to
infrastructure and distinguish them from expenses and
revenues related to rail operations;
(C) to allow the analysis of ticketing and reservation
information on a real-time basis;
(D) to provide Amtrak cost accounting data; and
(E) to allow financial analysis by route and service.
(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.

SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.

(a) Development of 5-Year Financial Plan.--The Amtrak Board
of Directors shall submit an annual budget and business plan
for Amtrak, and a 5-year financial plan for the fiscal year
to which that budget and business plan relate 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--
(1) the first day of each fiscal year beginning after the
date of enactment of this Act; or
(2) the date that is 60 days after the date of enactment of
an appropriation Act for the fiscal year, if later.
(b) Contents of 5-Year Financial Plan.--The 5-year
financial plan for Amtrak shall include, at a minimum--
(1) all projected revenues and expenditures for Amtrak,
including governmental funding sources;
(2) projected ridership levels for all Amtrak passenger
operations;
(3) revenue and expenditure forecasts for non-passenger
operations;
(4) capital funding requirements and expenditures necessary
to maintain passenger service which will accommodate
predicted ridership levels and predicted sources of capital
funding;
(5) operational funding needs, if any, to maintain current
and projected levels of passenger service, including state-
supported routes and predicted funding sources;
(6) projected capital and operating requirements,
ridership, and revenue for any new passenger service
operations or service expansions;
(7) an assessment of the continuing financial stability of
Amtrak, as indicated by factors such as the ability of the
Federal government to fund capital and operating requirements
adequately, Amtrak's ability to efficiently manage its
workforce, and Amtrak's ability to effectively provide
passenger train service;
(8) estimates of long-term and short-term debt and
associated principle and interest payments (both current and
anticipated);
(9) annual cash flow forecasts;
(10) a statement describing methods of estimation and
significant assumptions;
(11) specific measures that demonstrate measurable
improvement year over year in Amtrak's ability to operate
with reduced Federal operating assistance; and
(12) capital and operating expenditures for anticipated
security needs.
(c) Standards To Promote Financial Stability.--In meeting
the requirements of subsection (b), Amtrak shall--
(1) apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity,
increasing revenues, or combinations of such practices;
(2) use the categories specified in the financial
accounting and reporting system developed under section 203
when preparing its 5-year financial plan; and
(3) ensure that the plan is consistent with the
authorizations of appropriations under title I of this
division.
(d) Assessment by DOT Inspector General.--
(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.
(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--
(A) an assessment of the annual budget within 90 days after
receiving it from Amtrak; and
(B) an assessment of the remaining 4 years of the 5-year
financial plan within 180 days after receiving it from
Amtrak.

SEC. 205. ESTABLISHMENT OF GRANT PROCESS.

(a) Grant Requests.--Amtrak shall submit grant requests
(including a schedule for the disbursement of funds),
consistent with the requirements of this division, to the
Secretary of Transportation for funds authorized to be
appropriated to the Secretary for the use of Amtrak under
sections 101(a) and (b), 103, and 105.
(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. As part of
those requirements, the Secretary shall require, at a
minimum, that Amtrak deposit grant funds, consistent with the
appropriated amounts for each area of expenditure in a given
fiscal year, in the following 3 accounts:
(1) The Amtrak Operating account.
(2) The Amtrak General Capital account.
(3) The Northeast Corridor Improvement funds account.

Amtrak may not transfer such funds to another account or
expend such funds for any

[[Page S12259]]

purpose other than the purposes covered by the account in
which the funds are deposited without approval by the
Secretary.
(c) Review and Approval.--
(1) 30-day approval process.--The Secretary shall complete
the review of a complete grant request (including the
disbursement schedule) and approve or disapprove the request
within 30 days after the date on which Amtrak submits the
grant request. If the Secretary disapproves the request or
determines that the request is incomplete or deficient, the
Secretary shall include the reason for disapproval or the
incomplete items or deficiencies in the notice to Amtrak.
(2) 15-day modification period.--Within 15 days after
receiving notification from the Secretary under the preceding
sentence, Amtrak shall submit a modified request for the
Secretary's review.
(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.

SEC. 206. STATE-SUPPORTED ROUTES.

(a) In General.--Within 2 years after the date of enactment
of this Act, the Board of Directors of Amtrak, in
consultation with the Secretary of Transportation and the
governors of each State and the Mayor of the District of
Columbia or groups representing those officials, shall
develop and implement a standardized methodology for
establishing and allocating the operating and capital costs
among the States and Amtrak associated with trains operated
on routes described in section 24102(5)(B) or (D) or section
24702 that--
(1) ensures, within 5 years after the date of enactment of
this Act, equal treatment in the provision of like services
of all States and groups of States (including the District of
Columbia); and
(2) allocates to each route the costs incurred only for the
benefit of that route and a proportionate share, based upon
factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 route.
(b) Review.--If Amtrak and the States (including the
District of Columbia) in which Amtrak operates such routes do
not voluntarily adopt and implement the methodology developed
under subsection (a) in allocating costs and determining
compensation for the provision of service in accordance with
the date established therein, the Surface Transportation
Board shall determine the appropriate methodology required
under subsection (a) for such services in accordance with the
procedures and procedural schedule applicable to a proceeding
under section 24904(c) of title 49, United States Code, and
require the full implementation of this methodology with
regards to the provision of such service within 1 year after
the Board's determination of the appropriate methodology.
(c) Use of Chapter 244 Funds.--Funds provided to a State
under chapter 244 of title 49, United States Code, may be
used, as provided in that chapter, to pay capital costs
determined in accordance with this section.

SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH METHODOLOGIES FOR
AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.

(a) Methodology Development.--The Federal Railroad
Administration shall obtain the services of an independent
auditor or consultant to develop and recommend objective
methodologies for determining intercity passenger 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. In
developing such methodologies, the auditor or consultant
shall consider--
(1) the current or expected performance and service quality
of intercity passenger train operations, including cost
recovery, on-time performance and minutes of delay,
ridership, on-board services, stations, facilities,
equipment, and other services;
(2) connectivity of a route with other routes;
(3) the transportation needs of communities and populations
that are not well served by other forms of public
transportation;
(4) Amtrak's and other major intercity passenger rail
service providers in other countries' methodologies for
determining intercity passenger rail routes and services; and
(5) the views of the States and other interested parties.
(b) Submittal to Congress.--The auditor or consultant shall
submit recommendations developed under subsection (a) to
Amtrak, the House of Representatives Committee on
Transportation and Infrastructure, and the Senate Committee
on Commerce, Science, and Transportation.
(c) Consideration of Recommendations.--Within 90 days after
receiving the recommendations developed under subsection (a)
by the independent auditor or consultant, the Amtrak Board
shall consider the adoption of those recommendations. The
Board shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure explaining its action in adopting or failing
to adopt any of the recommendations.
(d) Authorization of Appropriations.--There are authorized
to be made available to the Secretary of Transportation, out
of any amounts authorized by this division 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.
(e) Pioneer Route.--Within 2 years after the date of
enactment of this Act, Amtrak shall conduct a 1-time
evaluation of the Pioneer Route formerly operated by Amtrak
to determine, using methodologies adopted under subsection
(c), whether a level of passenger demand exists that would
warrant consideration of reinstating the entire Pioneer Route
service or segments of that service.

SEC. 208. METRICS AND STANDARDS.

(a) In General.--Within 180 days after the date of
enactment of this Act, the Administrator of the Federal
Railroad Administration and Amtrak shall jointly, in
consultation with the Surface Transportation Board, rail
carriers over whose rail lines Amtrak trains operate, States,
Amtrak employees, and groups representing Amtrak passengers,
as appropriate, develop new or improve existing metrics and
minimum standards for measuring the performance and service
quality of intercity passenger train operations, including
cost recovery, on-time performance and minutes of delay,
ridership, on-board services, stations, facilities,
equipment, and other services. Such metrics, at a minimum,
shall include the percentage of avoidable and fully allocated
operating costs covered by passenger revenues on each route,
ridership per train mile operated, measures of on-time
performance and delays incurred by intercity passenger trains
on the rail lines of each rail carrier and, for long distance
routes, measures of connectivity with other routes in all
regions currently receiving Amtrak service and the
transportation needs of communities and populations that are
not well-served by other forms of public transportation.
Amtrak shall provide reasonable access to the Federal
Railroad Administration in order to enable the Administration
to carry out its duty under this section.
(b) Quarterly Reports.--The Administrator of the Federal
Railroad Administration shall collect the necessary data and
publish a quarterly report on the performance and service
quality of intercity passenger train operations, including
cost recovery, ridership, on-time performance and minutes of
delay, causes of delay, on-board services, stations,
facilities, equipment, and other services.
(c) Contract With Host Rail Carriers.--To the extent
practicable, Amtrak and its host rail carriers shall
incorporate the metrics and standards developed under
subsection (a) into their access and service agreements.
(d) Arbitration.--If the development of the metrics and
standards is not completed within the 180-day period required
by subsection (a), any party involved in the development of
those standards may petition the Surface Transportation Board
to appoint an arbitrator to assist the parties in resolving
their disputes through binding arbitration.

SEC. 209. PASSENGER TRAIN PERFORMANCE.

(a) In General.--Section 24308 is amended by adding at the
end the following:
``(f) Passenger Train Performance and Other Standards.--
``(1) Investigation of substandard performance.--If the on-
time performance of any intercity passenger train averages
less than 80 percent for any 2 consecutive calendar quarters,
or the service quality of intercity passenger train
operations for which minimum standards are established under
section 208 of the Passenger Rail Investment and Improvement
Act of 2005 fails to meet those standards for 2 consecutive
calendar quarters, the Surface Transportation Board shall
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 reasonably
addressed by the intercity passenger rail operator. In
carrying out such an investigation, the 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.
``(2) Problems caused by host rail carrier.--If the Board
determines that delays or failures to achieve minimum
standards investigated under paragraph (1) are attributable
to a rail carrier's failure to provide preference to Amtrak
over freight transportation under subsection (c), then the
Board shall enforce its recommendations for relief under this
section.
``(3) Penalties.--
``(A) In general.--The Board shall publish a schedule of
penalties which will--
``(i) fairly reflect the extent to which Amtrak suffers
financial loss as a result of host rail carrier delays or
failure to achieve minimum standards; and
``(ii) will adequately deter future actions which may
reasonably be expected to be likely to result in delays to
Amtrak.
``(B) Assessment.--The Board may assess these penalties
upon a host rail carrier.
``(C) Use.--The Board shall make any amounts received as
penalties under this

[[Page S12260]]

paragraph available to Amtrak or a State contracting with
Amtrak, as applicable, for capital or operating expenditures
on such routes.''.
(b) Change of Reference.--Section 24308 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (a)(2)(A) and inserting ``Surface Transportation
Board'';
(2) by striking ``Commission'' each place it appears and
inserting ``Board'';
(3) by striking ``Secretary'' the last 3 places it appears
in subsection (c) and each place it appears in subsections
(d) and (e) and inserting ``Board''.

SEC. 210. LONG DISTANCE ROUTES.

(a) In General.--Chapter 247 is amended by adding at the
end thereof the following:

``Sec. 24710. Long distance routes

``(a) Annual Evaluation.--Using the financial and
performance metrics developed under section 208 of the
Passenger Rail Investment and Improvement Act of 2005, Amtrak
shall--
``(1) evaluate annually the financial and operating
performance of each long distance passenger rail route
operated by Amtrak; and
``(2) rank the overall performance of such routes for 2006
and identify each long distance passenger rail route operated
by Amtrak in 2006 according to its overall performance as
belonging to the best performing third of such routes, the
second best performing third of such routes, or the worst
performing third of such routes.
``(b) Performance Improvement Plan.--Amtrak shall develop
and publish a performance improvement plan for its long
distance passenger rail routes to achieve financial and
operating improvements based on the data collected through
the application of the financial and performance metrics
developed under section 208 of that Act. The plan shall
address--
``(1) on-time performance;
``(2) scheduling, frequency, routes, and stops;
``(3) the feasibility of restructuring service into
connected corridor service;
``(4) performance-related equipment changes and capital
improvements;
``(5) on-board amenities and service, including food, first
class, and sleeping car service;
``(6) State or other non-Federal financial contributions;
``(7) improving financial performance; and
``(8) other aspects of Amtrak's long distance passenger
rail routes that affect the financial, competitive, and
functional performance of service on Amtrak's long distance
passenger rail routes.
``(c) Implementation.--Amtrak shall implement the
performance improvement plan developed under subsection (b)--
``(1) beginning in fiscal year 2007 for those routes
identified as being in the worst performing third under
subsection (a)(2);
``(2) beginning in fiscal year 2008 for those routes
identified as being in the second best performing third under
subsection (a)(2); and
``(3) beginning in fiscal year 2009 for those routes
identified as being in the best performing third under
subsection (a)(2).
``(d) Enforcement.--The Federal Railroad Administration
shall monitor the development, implementation, and outcome of
improvement plans under this section. If, for any year, it
determines that Amtrak is not making reasonable progress in
implementing its performance improvement plan or in achieving
the expected outcome of the plan for any calendar year, the
Federal Railroad Administration--
``(1) shall notify Amtrak, the Inspector General of the
Department of Transportation, and appropriate Congressional
committees of its determination under this subsection;
``(2) shall provide an opportunity for a hearing with
respect to that determination; and
``(3) may withhold any appropriated funds otherwise
available to Amtrak for the operation of a route or routes on
which it is not making progress, other than funds made
available for passenger safety or security measures.''.
(b) Conforming Amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to
section 24709 the following:

``24710. Long distance routes''.

SEC. 211. ALTERNATE PASSENGER RAIL SERVICE PROGRAM.

(a) In General.--Chapter 247, as amended by section 209, is
amended by adding at the end thereof the following:

``Sec. 24711. Alternate passenger rail service program

``(a) In General.--Within 1 year after the date of
enactment of the Passenger Rail Investment and Improvement
Act of 2005, the Federal Railroad Administration shall
initiate a rulemaking proceeding to develop a program under
which--
``(1) a rail carrier or rail carriers that own
infrastructure over which Amtrak operates a passenger rail
service route described in subparagraph (B), (C), or (D) of
section 24102(5) or in section 24702 of title 49, United
States Code may petition the Federal Railroad Administration
to be considered as a passenger rail service provider over
that route in lieu of Amtrak;
``(2) the Administration would notify Amtrak within 30 days
after receiving a petition under paragraph (1) and establish
a deadline by which both the petitioner and Amtrak would be
required to submit a bid to provide passenger rail service
over the route to which the petition relates;
``(3) each bid would describe how the bidder would operate
the route, what Amtrak passenger equipment would be needed,
if any, what sources of non-Federal funding the bidder would
use, including any State subsidy, among other things;
``(4) the Administration would make a decision and execute
a contract within a specified, limited time after that
deadline awarding to the winning bidder--
``(A) the right and obligation to provide passenger rail
service over that route subject to such performance standards
as the Administration may require, consistent with the
standards developed under section 208 of this division; and
``(B) an operating subsidy--
``(i) for the first year at a level not in excess of the
level in effect during the fiscal year preceding the fiscal
year in which the petition was received, adjusted for
inflation;
``(ii) for any subsequent years at such level, adjusted for
inflation; and
``(5) each bid would contain a staffing plan describing the
number of employees needed to operate the service, the job
assignments and requirements, and the terms of work for
prospective and current employees of the bidder for the
service outlined in the bid, and such staffing plan would be
made available by the winning bidder to the public after the
bid award.
``(b) Implementation.--
``(1) Initial petitions.--Pursuant to any rules or
regulations promulgated under subsection (A), the
Administration shall establish a deadline for the submission
of a petition under subsection (a)--
``(A) during fiscal year 2007 for operations commencing in
fiscal year 2008; and
``(B) during the immediately preceding fiscal year for
operations commencing in subsequent fiscal years.
``(2) Route limitations.--The Administration may not make
the program available with respect to more than 1 Amtrak
passenger rail route for operations beginning in fiscal year
2008 nor to more than 2 such routes for operations beginning
in fiscal year 2010 and subsequent fiscal years.
``(c) Performance Standards; Access to Facilities;
Employees.--If the Administration awards the right and
obligation to provide passenger rail service over a route
under the program to a rail carrier or rail carriers--
``(1) it shall execute a contract with the rail carrier or
rail carriers for rail passenger operations on that route
that conditions the operating and subsidy rights upon--
``(A) the service provider continuing to provide passenger
rail service on the route that is no less frequent, nor over
a shorter distance, than Amtrak provided on that route before
the award; and
``(B) the service provider's compliance with the minimum
standards established under section 208 of the Passenger Rail
Investment and Improvement Act of 2005 and such additional
performance standards as the Administration may establish;
``(2) it shall, if the award is made to a rail carrier
other than Amtrak, require Amtrak to provide access to its
reservation system, stations, and facilities to any rail
carrier or rail carriers awarded a contract under this
section, in accordance with section 218 of that Act,
necessary to carry out the purposes of this section;
``(3) the employees of any person used by a rail carrier or
rail carriers (as defined in section 10102(5) of this title)
in the operation of a route under this section shall be
considered an employee of that carrier or carriers and
subject to the applicable Federal laws and regulations
governing similar crafts or classes of employees of Amtrak,
including provisions under section 121 of the Amtrak Reform
and Accountability Act of 1997 relating to employees that
provide food and beverage service; and
``(4) the winning bidder shall provide preference in hiring
to qualified Amtrak employees displaced by the award of the
bid, consistent with the staffing plan submitted by the
bidder.
``(d) Cessation of Service.--If a rail carrier or rail
carriers awarded a route under this section cease to operate
the service or fail to fulfill their obligations under the
contract required under subsection (c), the Administrator, in
collaboration with the Surface Transportation Board shall
take any necessary action consistent with this title to
enforce the contract and ensure the continued provision of
service, including the installment of an interim service
provider and re-bidding the contract to operate the service.
The entity providing service shall either be Amtrak or a rail
carrier defined in section 24711(a)(1).
``(e) Adequate Resources.--Before taking any action allowed
under this section, the Secretary shall certify that the
Administrator has sufficient resources that are adequate to
undertake the program established under this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter
247, as amended by section 209, is amended by inserting after
the item relating to section 24710 the following:

``24711. Alternate passenger rail service program''.

SEC. 212. EMPLOYEE TRANSITION ASSISTANCE.

(a) Provision of Financial Incentives.--For Amtrak
employees who are adversely affected by the cessation of the
operation of a

[[Page S12261]]

long distance route or any other route under section 24711 of
title 49, United States Code, previously operated by Amtrak,
the Secretary shall develop a program under which the
Secretary may, in the Secretary's discretion, provide grants
for financial incentives to be provided to employees of the
National Railroad Passenger Corporation who voluntarily
terminate their employment with the Corporation and
relinquish any legal rights to receive termination-related
payments under any contractual agreement with the
Corporation.
(b) Conditions for Financial Incentives.--As a condition
for receiving financial assistance grants under this section,
the Corporation must certify that--
(1) a reasonable attempt was made to reassign an employee
adversely affected under section 24711 of title 49, United
States Code, or by the elimination of any route, to other
positions within the Corporation in accordance with any
contractual agreements;
(2) the financial assistance results in a net reduction in
the total number of employees equal to the number receiving
financial incentives;
(3) the financial assistance results in a net reduction in
total employment expense equivalent to the total employment
expenses associated with the employees receiving financial
incentives; and
(4) the total number of employees eligible for termination-
related payments will not be increased without the express
written consent of the Secretary.
(c) Amount of Financial Incentives.--The financial
incentives authorized under this section may be no greater
than $50,000 per employee.
(d) Authorization of Appropriations.--There are hereby
authorized to be appropriated to the Secretary such sums as
may be necessary to make grants to the National Railroad
Passenger Corporation to provide financial incentives under
subsection (a).
(e) Termination-Related Payments.--If Amtrak employees
adversely affected by the cessation of Amtrak service
resulting from the awarding of a grant to an operator other
than Amtrak for the operation of a route under section 24711
of title 49, United States Code, or any other route,
previously operated by Amtrak do not receive financial
incentives under subsection (a), then the Secretary shall
make grants to the National Railroad Passenger Corporation
from funds authorized by section 102 of this division for
termination-related payments to employees under existing
contractual agreements.

SEC. 213. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.

(a) In General.--Within 6 months after the date of
enactment of this Act, the National Railroad Passenger
Corporation, in consultation with the Secretary and the
States (including the District of Columbia) that make up the
Northeast Corridor (as defined in section 24102 of title 49,
United States Code), shall prepare a capital spending plan
for capital projects required to return the Northeast
Corridor to a state of good repair by the end of fiscal year
2011, consistent with the funding levels authorized in this
division and shall submit the plan to the Secretary.
(b) Approval by the Secretary.--
(1) The Corporation shall submit the capital spending plan
prepared under this section to the Secretary of
Transportation for review and approval pursuant to the
procedures developed under section 205 of this division.
(2) The Secretary of Transportation shall require that the
plan be updated at least annually and shall review and
approve such updates. During review, the Secretary shall seek
comments and review from the commission established under
section 24905 of title 49, United States Code, and other
Northeast Corridor users regarding the plan.
(3) The Secretary shall make grants to the Corporation with
funds authorized by section 101(b) for Northeast Corridor
capital investments contained within the capital spending
plan prepared by the Corporation and approved by the
Secretary.
(4) Using the funds authorized by section 101(d), the
Secretary shall review Amtrak's capital expenditures funded
by this section to ensure that such expenditures are
consistent with the capital spending plan and that Amtrak is
providing adequate project management oversight and fiscal
controls.
(c) Eligibility of Expenditures.--The Federal share of
expenditures for capital improvements under this section may
not exceed 100 percent.

SEC. 214. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
IMPROVEMENTS.

(a) In General.--Section 24905 is amended to read as
follows:

``Sec. 24905. Northeast Corridor Infrastructure and
Operations Advisory Commission; Safety and Security
Committee.

``(a) Northeast Corridor Infrastructure and Operations
Advisory Commission.--
``(1) Within 180 days after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2005, the
Secretary of Transportation shall establish a Northeast
Corridor Infrastructure and Operations Advisory Commission
(hereinafter referred to in this section as the `Commission')
to promote mutual cooperation and planning pertaining to the
rail operations and related activities of the Northeast
Corridor. The Commission shall be made up of--
``(A) members representing the National Railroad Passenger
Corporation;
``(B) members representing the Secretary of Transportation
and the Federal Railroad Administration;
``(C) 1 member from each of the States (including the
District of Columbia) that constitute the Northeast Corridor
as defined in section 24102, designated by, and serving at
the pleasure of, the chief executive officer thereof; and
``(D) non-voting representatives of freight railroad
carriers using the Northeast Corridor selected by the
Secretary.
``(2) The Secretary shall ensure that the membership
belonging to any of the groups enumerated under subparagraph
(1) shall not constitute a majority of the commission's
memberships.
``(3) The commission shall establish a schedule and
location for convening meetings, but shall meet no less than
four times per fiscal year, and the commission shall develop
rules and procedures to govern the commission's proceedings.
``(4) A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
``(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5, United
States Code.
``(6) The Chairman of the Commission shall be elected by
the members.
``(7) The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
``(8) Upon request of the Commission, the head of any
department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its
duties under this section.
``(9) Upon the request of the Commission, the Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its
responsibilities under this section.
``(10) The commission shall consult with other entities as
appropriate.
``(b) General Recommendations.--The Commission shall
develop recommendations concerning Northeast Corridor rail
infrastructure and operations including proposals addressing,
as appropriate--
``(1) short-term and long term capital investment needs
beyond the state-of-good-repair under section 213;
``(2) future funding requirements for capital improvements
and maintenance;
``(3) operational improvements of intercity passenger rail,
commuter rail, and freight rail services;
``(4) opportunities for additional non-rail uses of the
Northeast Corridor;
``(5) scheduling and dispatching;
``(6) safety and security enhancements;
``(7) equipment design;
``(8) marketing of rail services; and
``(9) future capacity requirements.
``(c) Access Costs.--
``(1) Development of formula.--Within 1 year after
verification of Amtrak's new financial accounting system
pursuant to section 203(b) of the Passenger Rail Investment
and Improvement Act of 2005, the Commission shall--
``(A) develop a standardized formula for determining and
allocating costs, revenues, and compensation for Northeast
Corridor commuter rail passenger transportation, as defined
in section 24102 of this title, that use National Railroad
Passenger Corporation facilities or services or that provide
such facilities or services to the National Railroad
Passenger Corporation that ensure that--
``(i) there is no cross-subsidization of commuter rail
passenger, intercity rail passenger, or freight rail
transportation; and
``(ii) each service is assigned the costs incurred only for
the benefit of that service, and a proportionate share, based
upon factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 service;
``(B) develop a proposed timetable for implementing the
formula before the end of the 6th year following the date of
enactment of that Act;
``(C) transmit the proposed timetable to the Surface
Transportation Board; and
``(D) at the request of a Commission member, petition the
Surface Transportation Board to appoint a mediator to assist
the Commission members through non-binding mediation to reach
an agreement under this section.
``(2) Implementation.--The National Railroad Passenger
Corporation and the commuter authorities providing commuter
rail passenger transportation on the Northeast Corridor shall
implement new agreements for usage of facilities or services
based on the formula proposed in paragraph (1) in accordance
with the timetable established therein. If the entities fail
to implement such new agreements in accordance with the
timetable, the Commission shall petition the Surface
Transportation Board to determine the appropriate
compensation amounts for such services in accordance with
section 24904(c) of this title. The Surface Transportation
Board shall enforce its determination on the party or parties
involved.
``(d) Transmission of Recommendations.--The commission
shall annually transmit the recommendations developed under
subsection (b) and the formula and timetable developed under
subsection (c)(1) to the Senate Committee on Commerce,
Science, and

[[Page S12262]]

Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
``(e) Northeast Corridor Safety and Security Committee.--
``(1) In general.--The Secretary shall establish a
Northeast Corridor Safety and Security Committee composed of
members appointed by the Secretary. The members shall be
representatives of--
``(A) the Secretary;
``(B) Amtrak;
``(C) freight carriers operating more than 150,000 train
miles a year on the main line of the Northeast Corridor;
``(D) commuter agencies;
``(E) rail passengers;
``(F) rail labor;
``(G) the Transportation Security Administration; and
``(H) other individuals and organizations the Secretary
decides have a significant interest in rail safety or
security.
``(2) Function; meetings.--The Secretary shall consult with
the Committee about safety and security improvements on the
Northeast Corridor main line. The Committee shall meet at
least once every 2 years to consider safety matters on the
main line.
``(3) Report.--At the beginning of the first session of
each Congress, the Secretary shall submit a report to the
Commission and to Congress on the status of efforts to
improve safety and security on the Northeast Corridor main
line. The report shall include the safety recommendations of
the Committee and the comments of the Secretary on those
recommendations.''.
(3) Conforming amendments.--Section 24904(c)(2) is amended
by--
(A) inserting ``commuter rail passenger'' after
``between''; and
(B) striking ``freight'' in the second sentence.

SEC. 215. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.

(a) In General.--The Secretary of the Treasury, in
consultation with the Secretary of Transportation and Amtrak,
may make agreements to restructure Amtrak's indebtedness as
of the date of enactment of this Act. This authorization
expires on January 1, 2007.
(b) Debt Restructuring.--The Secretary of Treasury, in
consultation with the Secretary of the Transportation and
Amtrak, shall enter into negotiations with the holders of
Amtrak debt, including leases, outstanding on the date of
enactment of this Act for the purpose of restructuring
(including repayment) and repaying that debt. The Secretary
of the Treasury may secure agreements for restructuring or
repayment on such terms as the Secretary of the Treasury
deems favorable to the interests of the Government.
(c) Criteria.--In restructuring Amtrak's indebtedness, the
Secretary and Amtrak--
(1) shall take into consideration repayment costs, the term
of any loan or loans, and market conditions; and
(2) shall ensure that the restructuring results in
significant savings to Amtrak and the United States
Government.
(d) Payment of Renegotiated Debt.--If the criteria under
subsection (c) are met, the Secretary of Treasury shall
assume or repay the restructured debt, as appropriate.
(e) Amtrak Principal and Interest Payments.--
(1) Principal on debt service.--Unless the Secretary of
Treasury makes sufficient payments to creditors under
subsection (d) so that Amtrak is required to make no payments
to creditors in a fiscal year, the Secretary of
Transportation shall use funds authorized by section
103(a)(1) for the use of Amtrak for retirement of principal
on loans for capital equipment, or capital leases.
(2) Interest on debt.--Unless the Secretary of Treasury
makes sufficient payments to creditors under subsection (d)
so that Amtrak is required to make no payments to creditors
in a fiscal year, the Secretary of Transportation shall use
funds authorized by section 103(a)(2) for the use of Amtrak
for the payment of interest on loans for capital equipment,
or capital leases.
(3) Reductions in authorization levels.-- Whenever action
taken by the Secretary of the Treasury under subsection (a)
results in reductions in amounts of principal or interest
that Amtrak must service on existing debt, the corresponding
amounts authorized by section 103(a)(1) or (2) shall be
reduced accordingly.
(f) Legal Effect of Payments Under This Section.--The
payment of principal and interest on secured debt, other than
debt assumed under subsection (d), with the proceeds of
grants under subsection (e) shall not--
(1) modify the extent or nature of any indebtedness of the
National Railroad Passenger Corporation to the United States
in existence of the date of enactment of this Act;
(2) change the private nature of Amtrak's or its
successors' liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.
(g) Secretary Approval.--Amtrak may not incur more debt
after the date of enactment of this Act without the express
advance approval of the Secretary of Transportation.
(h) Report.--The Secretary of the Treasury shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Appropriations, the
House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Appropriations by June 1, 2007--
(1) describing in detail any agreements to restructure the
Amtrak debt; and
(2) providing an estimate of the savings to Amtrak and the
United States Government.

SEC. 216. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING
INTERCITY RAIL STATIONS.

Amtrak, in consultation with station owners, 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
evaluation 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, 2007, along with
recommendations for funding the necessary improvements.

SEC. 217. INCENTIVE PAY.

The Amtrak Board of Directors is encouraged to develop an
incentive pay program for Amtrak management employees.

SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.

If a State desires to select or selects an entity other
than Amtrak to provide services required for the operation of
an intercity passenger train route described in section
24102(5)(D) or 24702 of title 49, United States Code, the
State may make an agreement with Amtrak to use facilities and
equipment of, or have services provided by, Amtrak under
terms agreed to by the State and Amtrak to enable the State
to utilize an entity other than Amtrak to provide services
required for operation of the route. If the parties cannot
agree upon terms, and the Surface Transportation Board finds
that access to Amtrak's facilities or equipment, or the
provision of services by Amtrak, is necessary to carry out
this provision and that the operation of Amtrak's other
services will not be impaired thereby, the Surface
Transportation Board shall, within 120 days after submission
of the dispute, issue an order that the facilities and
equipment be made available, and that services be provided,
by Amtrak, and shall determine reasonable compensation,
liability and other terms for use of the facilities and
equipment and provision of the services. Compensation shall
be determined in accord with the methodology established
pursuant to section 206 of this division.

SEC. 219. GENERAL AMTRAK PROVISIONS.

(a) Repeal of Self-Sufficiency Requirements.
(1) Title 49 amendments.--Chapter 241 is amended--
(A) by striking the last sentence of section 24101(d); and
(B) by striking the last sentence of section 24104(a).
(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.
(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).
(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 2006 through 2011.

SEC. 220. PRIVATE SECTOR FUNDING OF PASSENGER TRAINS.

Amtrak is encouraged to increase its operation of trains
funded by the private sector in order to minimize its need
for Federal subsidies. Amtrak shall utilize the provisions of
section 24308 of title 49, United States Code, when necessary
to obtain access to facilities, train and engine crews, or
services of a rail carrier or regional transportation
authority that are required to operate such trains.

SEC. 221. ON-BOARD SERVICE IMPROVEMENTS.

(a) In General.--Within 1 year after metrics and standards
are established under section 208 of this division, Amtrak
shall develop and implement a plan to improve on-board
service pursuant to the metrics and standards for such
service developed under that section.
(b) Report.--Amtrak shall provide a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the on-board service improvements
proscribed in the plan and the timeline for implementing such
improvements.

SEC. 222. AMTRAK MANAGEMENT ACCOUNTABILITY.

(a) In General.--Chapter 243 is amended by inserting after
section 24309 the following:

``Sec. 24310. Management accountability

``(a) In General.--Three years after the date of enactment
of the Passenger Rail Investment and Improvement Act of 2005,
and

[[Page S12263]]

two years thereafter, the Inspector General of the Department
of Transportation shall complete an overall assessment of the
progress made by Amtrak management and the Department of
Transportation in implementing the provisions of that Act.
``(b) Assessment.--The management assessment undertaken by
the Inspector General may include a review of--
``(1) effectiveness improving annual financial planning;
``(2) effectiveness in implementing improved financial
accounting;
``(3) efforts to implement minimum train performance
standards;
``(4) progress maximizing revenues and minimizing Federal
subsidies; and
``(5) any other aspect of Amtrak operations the Inspector
General finds appropriate to review.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 is amended by inserting after the item relating to
section 24309 the following:

``24310. Management accountability''.

TITLE III--INTERCITY PASSENGER RAIL POLICY

SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL
SERVICE; STATE RAIL PLANS.

(a) In General.--Part C of subtitle V is amended by
inserting the following after chapter 243:

``CHAPTER 244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE

``Sec.
``24401. Definitions.
``24402. Capital investment grants to support intercity passenger rail
service.
``24403. Project management oversight
``24404. Use of capital grants to finance first-dollar liability of
grant project.
``24405. Grant conditions.

``Sec. 24401. Definitions

``In this subchapter:
``(1) Applicant.--The term `applicant' means a State
(including the District of Columbia), a group of States, an
Interstate Compact, or a public agency established by one or
more States and having responsibility for providing intercity
passenger rail service.
``(2) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under
chapter 225 of this title for--
``(A) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility for use
in or for the primary benefit of intercity passenger rail
service, expenses incidental to the acquisition or
construction (including designing, engineering, location
surveying, mapping, environmental studies, and acquiring
rights-of-way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade crossing
improvements related to intercity passenger rail service,
security, mitigating environmental impacts, communication and
signalization improvements, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
``(B) rehabilitating, remanufacturing or overhauling rail
rolling stock and facilities used primarily in intercity
passenger rail service;
``(C) costs associated with developing State rail plans;
and
``(D) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service
under section 24404.
``(3) Intercity passenger rail service.--The term
`intercity passenger rail service' means transportation
services with the primary purpose of passenger transportation
between towns, cities and metropolitan areas by rail,
including high-speed rail, as defined in section 24102 of
title 49, United States Code.

``Sec. 24402. Capital investment grants to support intercity
passenger rail service.

``(a) General Authority.--
``(1) The Secretary of Transportation may make grants under
this section to an applicant to assist in financing the
capital costs of facilities and equipment necessary to
provide or improve intercity passenger rail transportation.
``(2) The Secretary shall require that a grant under this
section be subject to the terms, conditions, requirements,
and provisions the Secretary decides are necessary or
appropriate for the purposes of this section, including
requirements for the disposition of net increases in value of
real property resulting from the project assisted under this
section and shall prescribe procedures and schedules for the
awarding of grants under this title, including application
and qualification procedures and a record of decision on
applicant eligibility. The Secretary shall issue a final rule
establishing such procedures not later than 90 days after the
date of enactment of the Passenger Rail Investment and
Improvement Act of 2005.
``(b) Project as Part of State Rail Plan.--
``(1) The Secretary may not approve a grant for a project
under this section unless the Secretary finds that the
project is part of a State rail plan developed under chapter
225 of this title, or under the plan required by section 203
of the Passenger Rail Investment and Improvement Act of 2005,
and that the applicant or recipient has or will have the
legal, financial, and technical capacity to carry out the
project, satisfactory continuing control over the use of the
equipment or facilities, and the capability and willingness
to maintain the equipment or facilities.
``(2) An applicant shall provide sufficient information
upon which the Secretary can make the findings required by
this subsection.
``(3) If an applicant has not selected the proposed
operator of its service competitively, the applicant shall
provide written justification to the Secretary showing why
the proposed operator is the best, taking into account price
and other factors, and that use of the proposed operator will
not unnecessarily increase the cost of the project.
``(c) Project Selection Criteria.--The Secretary, in
selecting the recipients of financial assistance to be
provided under subsection (a), shall--
``(1) require that each proposed project meet all safety
and security requirements that are applicable to the project
under law;
``(2) give preference to projects with high levels of
estimated ridership, increased on-time performance, reduced
trip time, additional service frequency to meet anticipated
or existing demand, or other significant service enhancements
as measured against minimum standards developed under section
208 of the Passenger Rail Investment and Improvement Act of
2005;
``(3) encourage intermodal connectivity through projects
that provide direct connections between train stations,
airports, bus terminals, subway stations, ferry ports, and
other modes of transportation;
``(4) ensure that each project is compatible with, and is
operated in conformance with--
``(A) plans developed pursuant to the requirements of
section 135 of title 23, United States Code; and
``(B) the national rail plan (if it is available); and
``(5) favor the following kinds of projects:
``(A) Projects that are expected to have a significant
favorable impact on air or highway traffic congestion,
capacity, or safety.
``(B) Projects that also improve freight or commuter rail
operations.
``(C) Projects that have significant environmental
benefits.
``(D) Projects that are--
``(i) at a stage of preparation that all pre-commencement
compliance with environmental protection requirements has
already been completed; and
``(ii) ready to be commenced.
``(E) Projects with positive economic and employment
impacts.
``(F) Projects that encourage the use of positive train
control technologies.
``(G) Projects that have commitments of funding from non-
Federal Government sources in a total amount that exceeds the
minimum amount of the non-Federal contribution required for
the project.
``(H) Projects that involve donated property interests or
services.
``(I) Projects that are identified by the Surface
Transportation Board as necessary to improve the on time
performance and reliability of intercity passenger rail under
section 24308(f).
``(d) Amtrak Eligibility.--To receive a grant under this
section, the National Railroad Passenger Corporation may
enter into a cooperative agreement with 1 or more States to
carry out 1 or more projects on a State rail plan's ranked
list of rail capital projects developed under section
22504(a)(5) of this title.
``(e) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
``(1)(A) The Secretary may issue a letter of intent to an
applicant announcing an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project.
``(B) At least 30 days before issuing a letter under
subparagraph (A) of this paragraph or entering into a full
funding grant agreement, the Secretary shall notify in
writing the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate and the House and
Senate Committees on Appropriations of the proposed letter or
agreement. The Secretary shall include with the notification
a copy of the proposed letter or agreement as well as the
evaluations and ratings for the project.
``(C) An obligation or administrative commitment may be
made only when amounts are appropriated.
``(2)(A) The Secretary may make a full funding grant
agreement with an applicant. The agreement shall--
``(i) establish the terms of participation by the United
States Government in a project under this section;
``(ii) establish the maximum amount of Government financial
assistance for the project;
``(iii) cover the period of time for completing the
project, including a period extending beyond the period of an
authorization; and
``(iv) make timely and efficient management of the project
easier according to the law of the United States.
``(B) An agreement under this paragraph obligates an amount
of available budget authority specified in law and may
include a commitment, contingent on amounts to be

[[Page S12264]]

specified in law in advance for commitments under this
paragraph, to obligate an additional amount from future
available budget authority specified in law. The agreement
shall state that the contingent commitment is not an
obligation of the Government and is subject to the
availability of appropriations made by Federal law and to
Federal laws in force on or enacted after the date of the
contingent commitment. Interest and other financing costs of
efficiently carrying out a part of the project within a
reasonable time are a cost of carrying out the project under
a full funding grant agreement, except that eligible costs
may not be more than the cost of the most favorable financing
terms reasonably available for the project at the time of
borrowing. The applicant shall certify, in a way satisfactory
to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.
``(3)(A) The Secretary may make an early systems work
agreement with an applicant if a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been issued on the project and the Secretary finds
there is reason to believe--
``(i) a full funding grant agreement for the project will
be made; and
``(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and at less
cost.
``(B) A work agreement under this paragraph obligates an
amount of available budget authority specified in law and
shall provide for reimbursement of preliminary costs of
carrying out the project, including land acquisition, timely
procurement of system elements for which specifications are
decided, and other activities the Secretary decides are
appropriate to make efficient, long-term project management
easier. A work agreement shall cover the period of time the
Secretary considers appropriate. The period may extend beyond
the period of current authorization. Interest and other
financing costs of efficiently carrying out the work
agreement within a reasonable time are a cost of carrying out
the agreement, except that eligible costs may not be more
than the cost of the most favorable financing terms
reasonably available for the project at the time of
borrowing. The applicant shall certify, in a way satisfactory
to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms. If
an applicant does not carry out the project for reasons
within the control of the applicant, the applicant shall
repay all Government payments made under the work agreement
plus reasonable interest and penalty charges the Secretary
establishes in the agreement.
``(4) The total estimated amount of future obligations of
the Government and contingent commitments to incur
obligations covered by all outstanding letters of intent,
full funding grant agreements, and early systems work
agreements may be not more than the amount authorized under
section 101(c) of Passenger Rail Investment and Improvement
Act of 2005, less an amount the Secretary reasonably
estimates is necessary for grants under this section not
covered by a letter. The total amount covered by new letters
and contingent commitments included in full funding grant
agreements and early systems work agreements may be not more
than a limitation specified in law.
``(f) Federal Share of Net Project Cost.--
``(1)(A) Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment
or facilities, the Secretary shall estimate the net project
cost.
``(B) A grant for the project shall not exceed 80 percent
of the project net capital cost.
``(C) The Secretary shall give priority in allocating
future obligations and contingent commitments to incur
obligations to grant requests seeking a lower Federal share
of the project net capital cost.
``(2) Up to an additional 20 percent of the required non-
Federal funds may be funded from amounts appropriated to or
made available to a department or agency of the Federal
Government that are eligible to be expended for
transportation.
``(3) 50 percent of the average amounts expended by a State
or group of States (including the District of Columbia) for
capital projects to benefit intercity passenger rail service
in fiscal years 2003, 2004, and 2005 shall be credited
towards the matching requirements for grants awarded under
this section. The Secretary may require such information as
necessary to verify such expenditures.
``(4) 50 percent of the average amounts expended by a State
or group of States (including the District of Columbia) in a
fiscal year beginning in 2006 for capital projects to benefit
intercity passenger rail service or for the operating costs
of such service above the average of expenditures made for
such service in fiscal years 2003, 2004, and 2005 shall be
credited towards the matching requirements for grants awarded
under this section. The Secretary may require such
information as necessary to verify such expenditures.
``(g) Undertaking Projects in Advance.--
``(1) The Secretary may pay the Federal share of the net
capital project cost to an applicant that carries out any
part of a project described in this section according to all
applicable procedures and requirements if--
``(A) the applicant applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out the part of the project, the
Secretary approves the plans and specifications for the part
in the same way as other projects under this section.
``(2) The cost of carrying out part of a project includes
the amount of interest earned and payable on bonds issued by
the applicant to the extent proceeds of the bonds are
expended in carrying out the part. However, the amount of
interest under this paragraph may not be more than the most
favorable interest terms reasonably available for the project
at the time of borrowing. The applicant shall certify, in a
manner satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most favorable
financial terms.
``(3) The Secretary shall consider changes in capital
project cost indices when determining the estimated cost
under paragraph (2) of this subsection.
``(h) 2-Year Availability.--Funds appropriated under this
section shall remain available until expended. If any amount
provided as a grant under this section is not obligated or
expended for the purposes described in subsection (a) within
2 years after the date on which the State received the grant,
such sums shall be returned to the Secretary for other
intercity passenger rail development projects under this
section at the discretion of the Secretary.
``(i) Public-Private Partnerships.--
``(1) In general.--A metropolitan planning organization,
State transportation department, or other project sponsor may
enter into an agreement with any public, private, or
nonprofit entity to cooperatively implement any project
funded with a grant under this title.
``(2) Forms of participation.--Participation by an entity
under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
locomotive, rail car, vehicle, or other physical asset
associated with the project;
``(B) cost-sharing of any project expense;
``(C) carrying out administration, construction management,
project management, project operation, or any other
management or operational duty associated with the project;
and
``(D) any other form of participation approved by the
Secretary.
``(3) Sub-allocation.--A State may allocate funds under
this section to any entity described in paragraph (1).
``(j) Special Transportation Circumstances.--In carrying
out this section, the Secretary shall allocate an appropriate
portion of the amounts available under this section to
provide grants to States--
``(1) in which there is no intercity passenger rail service
for the purpose of funding freight rail capital projects that
are on a State rail plan developed under chapter 225 of this
title that provide public benefits (as defined in chapter
225) as determined by the Secretary; or
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental
United States or may not otherwise qualify for a grant under
this section due to the unique characteristics of the
geography of that State or other relevant considerations, for
the purpose of funding transportation-related capital
projects.
``(k) Small Capital Projects.--The Secretary shall make
available $10,000,000 annually from the amounts authorized
under section 101(c) of the Passenger Rail Investment and
Improvement Act of 2005 beginning in fiscal year 2007 for
grants for capital projects eligible under this section not
exceeding $2,000,000, including costs eligible under section
206(c) of that Act. The Secretary may wave requirements of
this section, including state rail plan requirements, as
appropriate.

``Sec. 24403. Project management oversight

``(a) Project Management Plan Requirements.--To receive
Federal financial assistance for a major capital project
under this subchapter, an applicant must prepare and carry
out a project management plan approved by the Secretary of
Transportation. The plan shall provide for--
``(1) adequate recipient staff organization with well-
defined reporting relationships, statements of functional
responsibilities, job descriptions, and job qualifications;
``(2) a budget covering the project management
organization, appropriate consultants, property acquisition,
utility relocation, systems demonstration staff, audits, and
miscellaneous payments the recipient may be prepared to
justify;
``(3) a construction schedule for the project;
``(4) a document control procedure and recordkeeping
system;
``(5) a change order procedure that includes a documented,
systematic approach to handling the construction change
orders;
``(6) organizational structures, management skills, and
staffing levels required throughout the construction phase;
``(7) quality control and quality assurance functions,
procedures, and responsibilities for construction, system
installation, and integration of system components;
``(8) material testing policies and procedures;
``(9) internal plan implementation and reporting
requirements;
``(10) criteria and procedures to be used for testing the
operational system or its major components;
``(11) periodic updates of the plan, especially related to
project budget and project

[[Page S12265]]

schedule, financing, and ridership estimates; and
``(12) the recipient's commitment to submit a project
budget and project schedule to the Secretary each month.
``(b) Secretarial Oversight.--
``(1) The Secretary may use no more than 0.5 percent of
amounts made available in a fiscal year for capital projects
under this subchapter to enter into contracts to oversee the
construction of such projects.
``(2) The Secretary may use amounts available under
paragraph (1) of this subsection to make contracts for
safety, procurement, management, and financial compliance
reviews and audits of a recipient of amounts under paragraph
(1).
``(3) The Federal Government shall pay the entire cost of
carrying out a contract under this subsection.
``(c) Access to Sites and Records.--Each recipient of
assistance under this subchapter shall provide the Secretary
and a contractor the Secretary chooses under subsection (c)
of this section with access to the construction sites and
records of the recipient when reasonably necessary.

``Sec. 24404. Use of capital grants to finance first-dollar
liability of grant project

``Notwithstanding the requirements of section 24402 of this
subchapter, the Secretary of Transportation may approve the
use of capital assistance under this subchapter to fund self-
insured retention of risk for the first tier of liability
insurance coverage for rail passenger service associated with
the capital assistance grant, but the coverage may not exceed
$20,000,000 per occurrence or $20,000,000 in aggregate per
year.

``Sec. 24405. Grant conditions

``(a) Domestic Buying Preference.--
``(1) Requirement.--
``(A) In general.--In carrying out a project funded in
whole or in part with a grant under this title, the grant
recipient shall purchase only--
``(i) unmanufactured articles, material, and supplies mined
or produced in the United States; or
``(ii) manufactured articles, material, and supplies
manufactured in the United States substantially from
articles, material, and supplies mined, produced, or
manufactured in the United States.
``(B) De minimis amount.--Subparagraph (1) applies only to
a purchase in an total amount that is not less than
$1,000,000.
``(2) Exemptions.--On application of a recipient, the
Secretary may exempt a recipient from the requirements of
this subsection if the Secretary decides that, for particular
articles, material, or supplies--
``(A) such requirements are inconsistent with the public
interest;
``(B) the cost of imposing the requirements is
unreasonable; or
``(C) the articles, material, or supplies, or the articles,
material, or supplies from which they are manufactured, are
not mined, produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities and
are not of a satisfactory quality.
``(3) United states defined.--In this subsection, the term
`the United States' means the States, territories, and
possessions of the United States and the District of
Columbia.
``(b) Operators Deemed Rail Carriers and Employers for
Certain Purposes.--A person that conducts rail operations
over rail infrastructure constructed or improved with funding
provided in whole or in part in a grant made under this title
shall be considered a rail carrier as defined in section
10102(5) of this title for purposes of this title and any
other statute that adopts the that definition or in which
that definition applies, including--
``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.); and
``(2) the Railway Labor Act (43 U.S.C. 151 et seq.).
``(c) Grant Conditions.--The Secretary shall require as a
condition of making any grant under this title for a project
that uses rights-of-way owned by a railroad that--
``(1) a written agreement exist between the applicant and
the railroad regarding such use and ownership, including--
``(A) any compensation for such use;
``(B) assurances regarding the adequacy of infrastructure
capacity to accommodate both existing and future freight and
passenger operations; and
``(C) an assurance by the railroad that collective
bargaining agreements with the railroad's employees
(including terms regulating the contracting of work) will
remain in full force and effect according to their terms for
work performed by the railroad on the railroad transportation
corridor;
``(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of this
title; and
``(2) the applicant agrees to comply with--
``(A) the standards of section 24312 of this title, as such
section was in effect on September 1, 2003, with respect to
the project in the same manner that the National Railroad
Passenger Corporation is required to comply with those
standards for construction work financed under an agreement
made under section 24308(a) of this title; and
``(B) the protective arrangements established under section
504 of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 836) with respect to employees affected by
actions taken in connection with the project to be financed
in whole or in part by grants under this subchapter.
``(d) Replacement of Existing Intercity Passenger Rail
Service.--
``(1) Collective bargaining agreement for intercity
passenger rail projects.--Any entity providing intercity
passenger railroad transportation that begins operations
after the date of enactment of this Act on a project funded
in whole or in part by grants made under this title and
replaces intercity rail passenger service that was provided
by Amtrak, unless such service was provided solely by Amtrak
to another entity, as of such date shall enter into an
agreement with the authorized bargaining agent or agents for
adversely affected employees of the predecessor provider
that--
``(A) gives each such qualified employee of the predecessor
provider priority in hiring according to the employee's
seniority on the predecessor provider for each position with
the replacing entity that is in the employee's craft or class
and is available within 3 years after the termination of the
service being replaced;
``(B) establishes a procedure for notifying such an
employee of such positions;
``(C) establishes a procedure for such an employee to apply
for such positions; and
``(D) establishes rates of pay, rules, and working
conditions.
``(2) Immediate replacement service.--
``(A) Negotiations.--If the replacement of preexisting
intercity rail passenger service occurs concurrent with or
within a reasonable time before the commencement of the
replacing entity's rail passenger service, the replacing
entity shall give written notice of its plan to replace
existing rail passenger service to the authorized collective
bargaining agent or agents for the potentially adversely
affected employees of the predecessor provider at least 90
days before the date on which it plans to commence service.
Within 5 days after the date of receipt of such written
notice, negotiations between the replacing entity and the
collective bargaining agent or agents for the employees of
the predecessor provider shall commence for the purpose of
reaching agreement with respect to all matters set forth in
subparagraphs (A) through (D) of paragraph (1). The
negotiations shall continue for 30 days or until an agreement
is reached, whichever is sooner. If at the end of 30 days the
parties have not entered into an agreement with respect to
all such matters, the unresolved issues shall be submitted
for arbitration in accordance with the procedure set forth in
subparagraph (B).
``(B) Arbitration.--If an agreement has not been entered
into with respect to all matters set forth in subparagraphs
(A) through (D) of paragraph (1) as described in subparagraph
(A) of this paragraph, the parties shall select an
arbitrator. If the parties are unable to agree upon the
selection of such arbitrator within 5 days, either or both
parties shall notify the National Mediation Board, which
shall provide a list of seven arbitrators with experience in
arbitrating rail labor protection disputes. Within 5 days
after such notification, the parties shall alternately strike
names from the list until only 1 name remains, and that
person shall serve as the neutral arbitrator. Within 45 days
after selection of the arbitrator, the arbitrator shall
conduct a hearing on the dispute and shall render a decision
with respect to the unresolved issues among the matters set
forth in subparagraphs (A) through (D) of paragraph (1). This
decision shall be final, binding, and conclusive upon the
parties. The salary and expenses of the arbitrator shall be
borne equally by the parties; all other expenses shall be
paid by the party incurring them.
``(3) Service commencement.--A replacing entity under this
subsection shall commence service only after an agreement is
entered into with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1) or the
decision of the arbitrator has been rendered.
``(4) Subsequent replacement of service.--If the
replacement of existing rail passenger service takes place
within 3 years after the replacing entity commences intercity
passenger rail service, the replacing entity and the
collective bargaining agent or agents for the adversely
affected employees of the predecessor provider shall enter
into an agreement with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1). If the
parties have not entered into an agreement with respect to
all such matters within 60 days after the date on which the
replacing entity replaces the predecessor provider, the
parties shall select an arbitrator using the procedures set
forth in paragraph (2)(B), who shall, within 20 days after
the commencement of the arbitration, conduct a hearing and
decide all unresolved issues. This decision shall be final,
binding, and conclusive upon the parties.
``(e) Inapplicability to Certain Rail Operations.-- Nothing
in this section applies to--
``(1) commuter rail passenger transportation (as defined in
section 24102(4) of this title) operations of a State or
local government authority (as those terms are defined in
section 5302(11) and (6), respectively, of this title)
eligible to receive financial assistance under section 5307
of this title, or to its contractor performing services in
connection with commuter rail passenger operations (as so
defined);
``(2) the Alaska Railroad or its contractors; or
``(3) the National Railroad Passenger Corporation's access
rights to railroad rights of way and facilities under current
law.''.
(b) Conforming Amendments.--

[[Page S12266]]

(1) The table of chapters for the title is amended by
inserting the following after the item relating to chapter
243:

``244. Intercity passenger rail service capital assistance.....24401''.

``(2) The chapter analysis for subtitle V is amended by
inserting the following after the item relating to chapter
243:

``244. Intercity passenger rail service capital assistance.....24401''.

SEC. 302. STATE RAIL PLANS.

(a) In General.--Part B of subtitle V is amended by adding
at the end the following:

``CHAPTER 225. STATE RAIL PLANS AND HIGH PRIORITY PROJECTS

``Sec.
``22501. Definitions
``22502. Authority
``22503. Purposes
``22504. Transparency; coordination; review
``22505. Content
``22506. Review

``Sec. 22501. Definitions

``In this subchapter:
``(1) Private benefit.--
``(A) In general.--The term `private benefit'--
``(i) means a benefit accrued to a person or private
entity, other than the National Railroad Passenger
Corporation, that directly improves the economic and
competitive condition of that person or entity through
improved assets, cost reductions, service improvements, or
any other means as defined by the Secretary; and
``(ii) shall be determined on a project-by-project basis,
based upon an agreement between the parties.
``(B) Consultation.--The Secretary may seek the advice of
the States and rail carriers in further defining this term.
``(2) Public benefit.--
``(A) In general.--The term `public benefit'--
``(i) means a benefit accrued to the public in the form of
enhanced mobility of people or goods, environmental
protection or enhancement, congestion mitigation, enhanced
trade and economic development, improved air quality or land
use, more efficient energy use, enhanced public safety or
security, reduction of public expenditures due to improved
transportation efficiency or infrastructure preservation, and
any other positive community effects as defined by the
Secretary; and
``(ii) shall be determined on a project-by-project basis,
based upon an agreement between the parties.
``(B) Consultation.--The Secretary may seek the advice of
the States and rail carriers in further defining this term.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.
``(4) State rail transportation authority.--The term `State
rail transportation authority' means the State agency or
official responsible under the direction of the Governor of
the State or a State law for preparation, maintenance,
coordination, and administration of the State rail plan.''.

``Sec. 22502. Authority

``(a) In General.--Each State may prepare and maintain a
State rail plan in accordance with the provisions of this
subchapter.
``(b) Requirements.--For the preparation and periodic
revision of a State rail plan, a State shall--
``(1) establish or designate a State rail transportation
authority to prepare, maintain, coordinate, and administer
the plan;
``(2) establish or designate a State rail plan approval
authority to approve the plan;
``(3) submit the State's approved plan to the Secretary of
Transportation for review; and
``(4) revise and resubmit a State-approved plan no less
frequently than once every 5 years for reapproval by the
Secretary.

``Sec. 22503. Purposes

``(a) Purposes.--The purposes of a State rail plan are as
follows:
``(1) To set forth State policy involving freight and
passenger rail transportation, including commuter rail
operations, in the State.
``(2) To establish the period covered by the State rail
plan.
``(3) To present priorities and strategies to enhance rail
service in the State that benefits the public.
``(4) To serve as the basis for Federal and State rail
investments within the State.
``(b) Coordination.--A State rail plan shall be coordinated
with other State transportation planning goals and programs
and set forth rail transportation's role within the State
transportation system.

``Sec. 22504. Transparency; coordination; review

``(a) Preparation.--A State shall provide adequate and
reasonable notice and opportunity for comment and other input
to the public, rail carriers, commuter and transit
authorities operating in, or affected by rail operations
within the State, units of local government, and other
interested parties in the preparation and review of its State
rail plan.
``(b) Intergovernmental Coordination.--A State shall review
the freight and passenger rail service activities and
initiatives by regional planning agencies, regional
transportation authorities, and municipalities within the
State, or in the region in which the State is located, while
preparing the plan, and shall include any recommendations
made by such agencies, authorities, and municipalities as
deemed appropriate by the State.

``Sec. 22505. Content

``(a) In General.--Each State rail plan shall contain the
following:
``(1) An inventory of the existing overall rail
transportation system and rail services and facilities within
the State and an analysis of the role of rail transportation
within the State's surface transportation system.
``(2) A review of all rail lines within the State,
including proposed high speed rail corridors and significant
rail line segments not currently in service.
``(3) A statement of the State's passenger rail service
objectives, including minimum service levels, for rail
transportation routes in the State.
``(4) A general analysis of rail's transportation,
economic, and environmental impacts in the State, including
congestion mitigation, trade and economic development, air
quality, land-use, energy-use, and community impacts.
``(5) A long-range rail investment program for current and
future freight and passenger infrastructure in the State that
meets the requirements of subsection (b).
``(6) A statement of public financing issues for rail
projects and service in the State, including a list of
current and prospective public capital and operating funding
resources, public subsidies, State taxation, and other
financial policies relating to rail infrastructure
development.
``(7) An identification of rail infrastructure issues
within the State that reflects consultation with all relevant
stake holders.
``(8) A review of major passenger and freight intermodal
rail connections and facilities within the State, including
seaports, and prioritized options to maximize service
integration and efficiency between rail and other modes of
transportation within the State.
``(9) A review of publicly funded projects within the State
to improve rail transportation safety and security, including
all major projects funded under section 130 of title 23.
``(10) A performance evaluation of passenger rail services
operating in the State, including possible improvements in
those services, and a description of strategies to achieve
those improvements.
``(11) A compilation of studies and reports on high-speed
rail corridor development within the State not included in a
previous plan under this subchapter, and a plan for funding
any recommended development of such corridors in the State.
``(12) A statement that the State is in compliance with the
requirements of section 22102.
``(b) Long-Range Service and Investment Program.--
``(1) Program content.--A long-range rail investment
program included in a State rail plan under subsection (a)(5)
shall include the following matters:
``(A) A list of any rail capital projects expected to be
undertaken or supported in whole or in part by the State.
``(B) A detailed funding plan for those projects.
``(2) Project list content.--The list of rail capital
projects shall contain--
``(A) a description of the anticipated public and private
benefits of each such project; and
``(B) a statement of the correlation between--
``(i) public funding contributions for the projects; and
``(ii) the public benefits.
``(3) Considerations for project list.--In preparing the
list of freight and intercity passenger rail capital
projects, a State rail transportation authority should take
into consideration the following matters:
``(A) Contributions made by non-Federal and non-State
sources through user fees, matching funds, or other private
capital involvement.
``(B) Rail capacity and congestion effects.
``(C) Effects on highway, aviation, and maritime capacity,
congestion, or safety.
``(D) Regional balance.
``(E) Environmental impact.
``(F) Economic and employment impacts.
``(G) Projected ridership and other service measures for
passenger rail projects.

``Sec. 22506. Review

``The Secretary shall prescribe procedures for States to
submit State rail plans for review under this title,
including standardized format and data requirements. State
rail plans completed before the date of enactment of the
Passenger Rail Investment and Improvement Act of 2005 that
substantially meet the requirements of this chapter, as
determined by the Secretary, shall be deemed by the Secretary
to have met the requirements of this chapter''.
(b) Conforming Amendments.--
(1) The table of chapters for the title is amended by
inserting the following after the item relating to chapter
223:

``225. State rail plans.......................................22501''..

``(2) The chapter analysis for subtitle V is amended by
inserting the following after the item relating to chapter
223:

``225. State rail plans........................................24401''.

SEC. 303. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL.

(a) In General.--Within 180 days after the date of
enactment of this Act, Amtrak shall establish a Next
Generation Corridor Equipment Pool Committee, comprised of
representatives of Amtrak, the Federal Railroad
Administration, and interested States. The purpose of the
Committee shall be to design,

[[Page S12267]]

develop specifications for, and procure standardized next-
generation corridor equipment.
(b) Functions.--The Committee may--
(1) determine the number of different types of equipment
required, taking into account variations in operational needs
and corridor infrastructure;
(2) establish a pool of equipment to be used on corridor
routes funded by participating States; and
(3) subject to agreements between Amtrak and States,
utilize services provided by Amtrak to design, maintain and
remanufacture equipment.
(c) Cooperative Agreements.--Amtrak and States
participating in the Committee may enter into agreements for
the funding, procurement, remanufacture, ownership and
management of corridor equipment, including equipment
currently owned or leased by Amtrak and next-generation
corridor equipment acquired as a result of the Committee's
actions, and may establish a corporation, which may be owned
or jointly-owned by Amtrak, participating States or other
entities, to perform these functions.
(d) Funding.--In addition to the authorization provided in
section 105 of this division, capital projects to carry out
the purposes of this section shall be eligible for grants
made pursuant to chapter 244 of title 49, United States Code.

SEC. 304. FEDERAL RAIL POLICY.

Section 103 is amended--
(1) by inserting ``In General.--'' before ``The Federal''
in subsection (a);
(2) by striking the second and third sentences of
subsection (a);
(3) by inserting ``Administrator.--'' before ``The head''
in subsection (b);
(4) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively and by inserting
after subsection (b) the following:
``(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.'';
(5) by inserting ``Powers and Duties.--'' before ``The'' in
subsection (d), as redesignated;
(6) by striking ``and'' after the semicolon in paragraph
(1) of subsection (d), as redesignated;
(7) by redesignating paragraph (2) of subsection (d), as
redesignated, as paragraph (3) and inserting after paragraph
(1) the following:
``(2) the duties and powers related to railroad policy and
development under subsection (e); and'';
(8) by inserting ``Transfers of Duty.--'' before ``A duty''
in subsection (e), as redesignated;
(9) by inserting ``Contracts, grants, leases, cooperative
agreements, and similar transactions.--'' before ``Subject''
in subsection (f), as redesignated;
(10) by striking the last sentence in subsection (f), as
redesignated; and
(11) by adding at the end the following:
``(g) Additional Duties of the Administrator.--The
Administrator shall--
``(1) provide assistance to States in developing State rail
plans prepared under chapter 225 and review all State rail
plans submitted under that section;
``(2) develop a long range national rail plan that is
consistent with approved State rail plans 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 Passenger Rail
Investment and Improvement Act of 2005;
``(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;
``(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.
``(h) 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 2007 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 performance goals.''.

SEC. 305. RAIL COOPERATIVE RESEARCH PROGRAM.

(a) Establishment and Content.--Chapter 249 is amended by
adding at the end the following:

``Sec. 24910. Rail cooperative research program

``(a) In General.--The Secretary shall establish and carry
out a rail cooperative research program. The program shall--
``(1) address, among other matters, intercity rail
passenger and freight rail services, including existing rail
passenger and freight technologies and speeds, incrementally
enhanced rail systems and infrastructure, and new high-speed
wheel-on-rail systems and rail security;
``(2) address ways to expand the transportation of
international trade traffic by rail, enhance the efficiency
of intermodal interchange at ports and other intermodal
terminals, and increase capacity and availability of rail
service for seasonal freight needs;
``(3) consider research on the interconnectedness of
commuter rail, passenger rail, freight rail, and other rail
networks; and
``(4) give consideration to regional concerns regarding
rail passenger and freight transportation, including meeting
research needs common to designated high-speed corridors,
long-distance rail services, and regional intercity rail
corridors, projects, and entities.
``(b) Content.--The program to be carried out under this
section shall include research designed--
``(1) to identify the unique aspects and attributes of rail
passenger and freight service;
``(2) to develop more accurate models for evaluating the
impact of rail passenger and freight service, including the
effects on highway and airport and airway congestion,
environmental quality, and energy consumption;
``(3) to develop a better understanding of modal choice as
it affects rail passenger and freight transportation,
including development of better models to predict
utilization;
``(4) to recommend priorities for technology demonstration
and development;
``(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including
any recommendations made by the National Research Council;
``(6) to explore improvements in management, financing, and
institutional structures;
``(7) to address rail capacity constraints that affect
passenger and freight 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;
``(8) to improve maintenance, operations, customer service,
or other aspects of intercity rail passenger and freight
service;
``(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;
``(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
``(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.
``(c) Advisory Board.--
``(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.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation agencies;
``(B) transportation and environmental economists,
scientists, and engineers; and
``(C) representatives of Amtrak, the Alaska Railroad,
freight railroads, transit operating agencies, intercity rail
passenger agencies, railway labor organizations, and
environmental organizations.
``(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.''.
(b) Clerical Amendment.--The chapter analysis for chapter
249 is amended by adding at the end the following:

``24910. Rail cooperative research program''.

TITLE IV--PASSENGER RAIL SECURITY AND SAFETY

SEC. 401. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

(a) In General--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, is authorized to make grants to Amtrak--

[[Page S12268]]

(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall
disburse funds to Amtrak provided under subsection (a) for
projects contained in a systemwide security plan approved by
the Secretary of Homeland Security. The plan shall include
appropriate measures to address security awareness, emergency
response, and passenger evacuation training.
(c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on
Amtrak's entire system, stations and facilities located
outside of the Northeast Corridor receive an equitable share
of the security funds authorized by this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security to
carry out this section--
(1) $63,500,000 for fiscal year 2006;
(2) $30,000,000 for fiscal year 2007; and
(3) $30,000,000 for fiscal year 2008.
Amounts appropriated pursuant to this subsection shall remain
available until expended.

SEC. 402. FIRE AND LIFE-SAFETY IMPROVEMENTS.

(a) Life-safety Needs.--The Secretary of Transportation is
authorized to make grants to Amtrak for the purpose of making
fire and life-safety improvements to Amtrak tunnels on the
Northeast Corridor in New York, NY, Baltimore, MD, and
Washington, DC.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation for the
purposes of carrying out subsection (a) the following
amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $190,000,000 for fiscal year 2006;
(B) $190,000,000 for fiscal year 2007;
(C) $190,000,000 for fiscal year 2008;
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $19,000,000 for fiscal year 2006;
(B) $19,000,000 for fiscal year 2007;
(C) $19,000,000 for fiscal year 2008;
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $13,333,000 for fiscal year 2006;
(B) $13,333,000 for fiscal year 2007;
(C) $13,333,000 for fiscal year 2008;
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for fiscal
year 2006 $3,000,000 for the preliminary design of options
for a new tunnel on a different alignment to augment the
capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made
available pursuant to this section shall remain available
until expended.
(e) Plans Required.--The Secretary may not make amounts
available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak. If the Secretary determines that a plan
is incomplete or deficient, the Secretary shall notify Amtrak
of the incomplete items or deficiencies and Amtrak shall,
within 30 days after receiving the Secretary's notification,
submit a modified plan for the Secretary's review. Within 15
days after receiving additional information on items
previously included in the plan, and within 45 days after
receiving items newly included in a modified plan, the
Secretary shall either approve the modified plan, or, if the
Secretary finds the plan 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 portions of the plan the Secretary finds
incomplete or deficient, approve all other portions of the
plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all portions of the tunnel projects described
in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.

SEC. 403. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.

(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:

``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents

``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Passenger Rail Investment
and Improvement Act of 2005, Amtrak shall submit to the
Chairman of the National Transportation Safety Board and the
Secretary of Transportation a plan for addressing the needs
of the families of passengers involved in any rail passenger
accident involving an Amtrak intercity train and resulting in
a loss of life.
``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's control;
that any possession of the passenger within Amtrak's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within Amtrak's control will be retained by the
rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may
not release to any person information on a list obtained
under subsection (b)(1) but may provide information on the
list about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising out of the performance of Amtrak in preparing or
providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted
by Amtrak under subsection (b), unless such liability was
caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Funding.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak
$500,000 for fiscal year 2006 to carry out this section.
Amounts made available pursuant to this subsection shall
remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by adding at
the end the following:

``24316.  Plan to assist families of passengers involved in rail
passenger accidents.''.

[[Page S12269]]

SEC. 404. NORTHERN BORDER RAIL PASSENGER REPORT.

Within 180 days after the date of enactment of this Act,
the Secretary of Transportation, in consultation with the
Secretary of Homeland Security, the Assistant Secretary of
Homeland Security (Transportation Security Administration),
heads of other appropriate Federal departments, and agencies
and the National Railroad Passenger Corporation, shall
transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure that
contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating United
States Customs and Border Patrol rolling inspections onboard
international Amtrak trains.

SEC. 405. PASSENGER, BAGGAGE, AND CARGO SCREENING.

(a) Requirement for Study and Report.--The Secretary of
Homeland Security, in cooperation with the Secretary of
Transportation through the Assistant Secretary of Homeland
Security (Transportation Security Administration) and other
appropriate agencies, shall--
(1) study the cost and feasibility of requiring security
screening for passengers, baggage, and cargo on passenger
trains including an analysis of any passenger train screening
pilot programs undertaken by the Department of Homeland
Security; and
(2) report the results of the study, together with any
recommendations that the Secretary of Homeland Security may
have for implementing a rail security screening program to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure within 1 year after the date of enactment
of this Act.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security
$1,000,000 for fiscal year 2006 to carry out this section.
______