National Defense Rail Act
Latest action · May 29, 2002 Placed on Senate Legislative Calendar under General Orders. Calendar No. 404.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 6, 2002
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(Sec. 102) Directs the Comptroller General to study and report to Congress on rail passenger transportation security programs in Japan, the European Union, and other countries.
(Sec. 103) Directs the Secretary of Transportation to study and report to the appropriate congressional committees on security screening for passengers, baggage, mail, express and other cargo. Requires a pilot program of random security screening at ten rail stations, including five of the ten busiest.
(Sec. 104) Requires the Secretary to review rail regulations for needed safety and security revisions.
(Sec. 105) Directs the Secretary to assess and report to the appropriate congressional committees on rail transportation security risks, including recommendations for prioritized improvements for rail tunnels, bridges, switching and other areas, detection equipment, personnel training, and railroad crossing delays. Requires an assessment of and consultation with existing private and public resources and efforts. Includes an assessment of the security needs of non-Amtrak stations. Authorizes appropriations for FY 2003.
(Sec. 106) Expresses the intent of Congress that earlier appropriations for Amtrak security made under the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 be offset against funds authorized by this title.
Title II: Interstate Railroad Passenger High-Speed Transportation System - Requires the Secretary to establish the national high-speed ground transportation policy.
(Sec. 202) Permits the Secretary to provide 100 percent of the funding (rather than requiring matching funds) for planning and financial assistance to public agencies, including States, promoting the development of high-speed rail corridors. Gives priority to planning in the vicinity of Chicago, Illinois; Atlanta, Georgia; Dallas/Fort Worth, Texas; Portland, Oregon; and Orlando, Florida.
(Sec. 203) Directs the Secretary to provide implementation assistance, including direct or financial assistance of up to 100 percent. Grants priority to the same areas receiving planning assistance priority.
Allocates funds for systems not physically connected to the continental United States with infrastructure constraints imposed by unique geographical characteristics.
Permits funds to be used for security planning, operating expenses, infrastructure, rail grade crossing improvements, and acquisitions of rights-of-way or equipment.
Requires that projects: (1) encourage positive train control technologies; (2) have particularly high safety levels; (3) encourage intermodal connectivity; (4) ensure regional balance; and (5) are compatible with metropolitan and state surface transportation plans.
Requires project assistance recipients to buy American above a de minimis amount, permitting exemptions as specified.
Requires the use of competitive bidding as a condition of receiving project assistance.
(Sec. 204) Grants funding priority to designated high-speed rail corridors. Designates the following as high-speed rail corridors: (1) the California Corridor connecting the San Francisco Bay area and Sacramento to Los Angeles and San Diego; (2) the Chicago Hub Corridor Network with specified spokes; (3) the Empire State Corridor from New York City, New York, through Albany, New York, to Buffalo, New York; (4) the Florida High-Speed Rail Corridor from Tampa through Orlando to Miami; (5) the Gulf Coast Corridor from Houston Texas, through New Orleans, Louisiana, to Mobile, Alabama, with a branch from New Orleans, through Meridian, Mississippi, and Birmingham, Alabama, to Atlanta, Georgia; (6) the Keystone Corridor from Philadelphia, Pennsylvania, through Harrisburg, Pennsylvania, to Pittsburgh, Pennsylvania; (7) the Northeast Corridor from Washington, District of Columbia, through New York City, New York, New Haven, Connecticut, and Providence, Rhode Island, to Boston, Massachusetts, with a branch from New Haven, Connecticut, to Springfield, Massachusetts; (8) the New England Corridor from Boston, Massachusetts, to Portland and Auburn, Maine, and from Boston, Massachusetts, through Concord, New Hampshire, and Montpelier, Vermont, to Montreal, Quebec; (9) the Pacific Northwest Corridor from Eugene, Oregon, through Portland, Oregon, and Seattle, Washington, to Vancouver, British Columbia; (10) the South Central Corridor from San Antonio, Texas, through Dallas/ Fort Worth to Little Rock, Arkansas, with a branch from Dallas/Fort Worth through Oklahoma City, Oklahoma, to Tulsa, Oklahoma; (11) the Southeast Corridor from Washington, District of Columbia, through Richmond, Virginia, Raleigh, North Carolina, Columbia, South Carolina, Savannah, Georgia, and Jessup, Georgia, to Jacksonville, Florida, with specified branches; and (12) the Southwest Corridor from Los Angeles, California, to Las Vegas, Nevada.
(Sec. 205) States that current employee protections remain unaffected by this Act. Requires that projects under this Act comply with: (1) Davis-Bacon prevailing wage and other labor standard requirements; and (2) protections equivalent to those imposed by the Amtrak Reform and Accountability Act of 1997 concerning discontinuance.
(Sec. 206) Authorizes funding the entire cost of projects that improve or eliminate highway-rail grade crossings in high-speed corridors, subject to specified conditions. Permits the relocation of a portion of a highway or a railway to eliminate a hazard.
Authorizes the Secretary to classify projects and set a percentage of funding to be met by the railroad(s) according to their net benefit received, up to ten percent. Makes the railroad(s) liable to the United States for such net benefit, permitting payment in materials and labor.
Requires the Secretary to survey crossings and establish a schedule for projects. Grants priority to the elimination of crossings but authorizes expenditures for the installation of protective devices. Requires equitable apportionment of funds between high-speed rail corridor railway-highway crossings on the Northeast Corridor and such crossings outside the Corridor, based upon traffic volume and patterns and existing hazard warnings.
Requires the Secretary to report annually to the appropriate congressional committees on the effectiveness of the improvements, including cost and accident assessments and State compliance.
Provides local governments with funds under this program as: (1) matching funds when required for the expenditure of State funds; and (2) incentive payments when public at-grade high-speed rail corridor railway-highway crossings under its jurisdiction are permanently closed and the railroad also makes an incentive payment.
Requires the coordination of this program with existing requirements concerning the classification of projects and railroad share of cost and highway railway crossings.
(Sec. 207) Authorizes appropriations for FY 2003 though 2007, earmarking funds for high-speed rail corridor planning and implementation and technology improvement.
Title III : National Railroad Passenger Corporation - Defines the national rail passenger transportation system to include: (1) the Northeast Corridor between Boston, Massachusetts, and Washington, D.C.; (2) designated rail corridors sufficiently improved to permit high-speed service; (3) current long-distance routes of more than 750 miles between Amtrak endpoints; and (4) current short-distance corridors or routes unless discontinued by Amtrak.
Authorizes Amtrak to contract to operate an intercity rail service or route not included in the national rail passenger transportation system. Permits discontinuance of such service or route upon termination of a contract or the cessation of financial support. Continues Amtrak's authority to restore, improve, or develop non-high-speed intercity passenger rail service.
(Sec. 302) Amends the Amtrak Reform and Accountability Act of 1997 to repeal the requirements of: (1) operating self-sufficiency; and (2) redemption of common stock for fair market value by the start of FY 2003. Authorizes Amtrak to obtain lease arrangement services from the Administrator of General Services for FY 2003 through 2007. States that Amtrak's right to bring claims under the False Claims Act remains unaffected.
(Sec. 303) Authorizes appropriations to Amtrak for FY 2003 through 2007 for: (1) excess mandatory contributions to the Railroad Retirement Trust Account; (2) retirement of principal and payment of interest on loans for capital equipment, or capital leases; (3) environmental compliance; and (4) compliance with the Americans With Disabilities Act of 1990 (ADA). Permits an extension of ADA compliance deadlines if substantial progress has been made but compliance has not been achieved due to insufficient funding.
Requires the reinvestment of net revenues from non-passenger operations after systemwide current liabilities have been satisfied.
(Sec. 304) Authorizes appropriations for FY 2003 through 2007 for the Northeast Corridor for capital investment in infrastructure, fleet, stations and facilities, both backlog and ongoing, and technology upgrades.
Authorizes appropriations for FY 2003 for life safety improvements to specified tunnels in New York, Washington, D.C., and Baltimore. Directs the Secretary to consider and attain financial contributions from other rail carriers using such tunnels, where feasible.
Authorizes appropriations for FY 2003 through 2007 for corridor growth investments. Requires the reinvestment of net revenue from core passenger operations for capital needs until the backlog is completed.
(Sec. 305) Authorizes appropriations for FY 2003 through 2007 for: (1) operating costs associated with long-distance trains; (2) capital backlog and upgrades; (3) ongoing capital infrastructure; (4) capital fleet needs; (5) capital stations and facilities; and (6) technology needs.
(Sec. 306) Authorizes appropriations for FY 2003 through 2007 for routes outside the Northeast Corridor for: (1) capital backlog on infrastructure and fleet; and (2) ongoing capital infrastructure, fleet, capital stations and facilities, and technology needs.
(Sec. 307) Directs the Secretary of Transportation to re-establish the Northeast Corridor Safety Committee through 2007.
(Sec. 308) Authorizes Amtrak to petition the Surface Transportation Board to investigate delays on intercity passenger train service when service falls below an 80 percent on-time performance level.
(Sec. 309) Revises provisions concerning the board of directors of Amtrak.
(Sec. 310) Requires Amtrak to employ an independent financial consultant to assess current accounting and reporting systems and practices and to implement a modern system, subject to the oversight of the Inspector General of the Department of Transportation and the appropriate congressional committees. Requires that such system be able to assign revenues and expenses to each line of business and major activity, aggregate expenses and revenues related to infrastructure as opposed to operations, and provide ticketing and reservation information on a real-time basis. Authorizes appropriations.
(Sec. 311) Requires Amtrak's board of directors to prepare and submit to the Inspector General an annual budget and five-year financial plan projecting revenues and expenditures, ridership, capital and operating funding needs, financial stability, debt, and cash flow. Requires the Inspector General to assess and report to the appropriate congressional committees on such plan.
(Sec. 312) Requires Amtrak to revise its operations reporting methodology for preparing the annual operations reports (Route Profitability System report), specifically excluding non-core profits in calculating train performance.
(Sec. 313) Requires Amtrak to allocate appropriations proportionately, after first meeting mandatory retirement contributions.
(Sec. 314) Directs the Inspector General to hire an independent auditor to establish objective criteria for Amtrak service changes, such criteria to be incorporated in decisions made by the board of directors concerning routes, service, capital plans, and budgets. Requires the board to notify the appropriate congressional committees and explain whenever they make a service decision inconsistent with such criteria. Authorizes appropriations.
Title IV: Miscellaneous - Revises the Railroad Rehabilitation and Improvement Financing (RRIF) program to require rather than permit the Secretary to provide direct loans to State and local governments for railroad non-operating expenses, including safety and security equipment and facilities. Increases: (1) the aggregate unpaid principal amount of obligations under direct loans and loan guarantees; and (2) set asides for projects primarily benefitting freight railroads other than Class I carriers.
Revises provisions concerning a cohort of loans, including size and characteristic as a credit risk premium factor, composition, and limits. Prohibits the Secretary from limiting the proportion of a cohort which may be used for a single loan or guarantee.
Modifies requirements for a direct loan or guarantee to exclude the need for collateral or a previous search for alternative financing. Establishes time limits for loan approval or disapproval and for the publication of standards and criteria concerning the same.
Limits loan fees and charges to investigation charges to appraise equipment. Requires such charges to be credited to appropriations for loan administration.
Deems as rail carriers persons conducting rail operations funded with RRIF loans.
(Sec. 402) Directs the Secretary to establish and implement a rail passenger cooperative research program to address intercity rail passenger services and related issues including the indirect effects of rail passenger service, modal choice, technology priorities, management and maintenance improvement, and rail capacity constraints.
Directs the Secretary to establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger transportation.
Authorizes appropriations for FY 2003 through 2007.
(Sec. 403) Makes conforming amendments to acknowledge the supplanting of duties of the Interstate Commerce Commission by the Surface Transportation Board.
(Sec. 404) Amends the Alaska Railroad Transfer Act of 1982 to authorize the Alaska Railroad to exchange lands along its right-of-way.
Cosponsors 38
Members who signed on, in the order they did. Signatures ran from Mar 6, 2002 to Aug 1, 2002; 19 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MD | Barbara A. Mikulski | Original | Mar 6, 2002 |
| D-NY | Charles E. Schumer | Original | Mar 6, 2002 |
| D-CA | Dianne Feinstein | Original | Mar 6, 2002 |
| D-MA | Edward M. Kennedy | Original | Mar 6, 2002 |
| D-NV | Harry Reid | Original | Mar 6, 2002 |
| D-NY | Hillary Rodham Clinton | Original | Mar 6, 2002 |
| R-VT | James M. Jeffords | Original | Mar 6, 2002 |
| D-LA | John B. Breaux | Original | Mar 6, 2002 |
| D-WV | John D. Rockefeller IV | Original | Mar 6, 2002 |
| D-MA | John F. Kerry | Original | Mar 6, 2002 |
| D-NJ | Jon S. Corzine | Original | Mar 6, 2002 |
| D-DE | Joseph R. Biden Jr. | Original | Mar 6, 2002 |
| R-TX | Kay Bailey Hutchison | Original | Mar 6, 2002 |
| D-GA | Max Cleland | Original | Mar 6, 2002 |
| D-VT | Patrick J. Leahy | Original | Mar 6, 2002 |
| D-IL | Richard J. Durbin | Original | Mar 6, 2002 |
| D-NJ | Robert G. Torricelli | Original | Mar 6, 2002 |
| R-AK | Ted Stevens | Original | Mar 6, 2002 |
| D-DE | Thomas R. Carper | Original | Mar 6, 2002 |
| D-MT | Max Baucus | Mar 7, 2002 | |
| R-ME | Olympia J. Snowe | Mar 7, 2002 | |
| D-MD | Paul S. Sarbanes | Mar 8, 2002 | |
| D-CA | Barbara Boxer | Mar 11, 2002 | |
| D-HI | Daniel K. Inouye | Mar 13, 2002 | |
| D-PA | Arlen Specter | Mar 15, 2002 | |
| D-ND | Byron L. Dorgan | Mar 15, 2002 | |
| R-MT | Conrad R. Burns | Mar 15, 2002 | |
| I-CT | Joseph I. Lieberman | Mar 19, 2002 | |
| R-ME | Susan M. Collins | Apr 10, 2002 | |
| D-NE | Ben Nelson | Apr 12, 2002 | |
| D-CT | Christopher J. Dodd | Apr 12, 2002 | |
| R-RI | Lincoln Chafee | Apr 12, 2002 | |
| R-MS | Thad Cochran | May 2, 2002 | |
| D-GA | Zell Miller | May 21, 2002 | |
| D-MN | Mark Dayton | Jun 3, 2002 | |
| D-IN | Evan Bayh | Jun 25, 2002 | |
| D-MN | Paul D. Wellstone | Jun 25, 2002 | |
| D-SD | Tim Johnson | Aug 1, 2002 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Commerce, Science, and Transportation Committee | Referred Mar 6, 2002Hearings Mar 14, 2002Markup Apr 18, 2002Reported May 29, 2002 |
Actions 7
Everything that happened, newest first.
- May 29, 2002Committee on Commerce, Science, and Transportation. Reported by Senator Hollings under authority of the order of the Senate of 05/22/2002 with an amendment in the nature of a substitute. With written report No. 107-157. Minority views filed.
- May 29, 2002Placed on Senate Legislative Calendar under General Orders. Calendar No. 404.
- Apr 18, 2002Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Mar 14, 2002Committee on Commerce, Science, and Transportation. Hearings held. Hearings printed: S.Hrg. 107-1078.
- Mar 6, 2002Introduced in Senate
In the Congressional Record 4
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S10985, S10992 | Ernest F. Hollings D-SC, John McCain R-AZ | Nov 14, 2002 |
| Senate | Debate and remarks S6230 | Harry Reid D-NV | Jun 27, 2002 |
| Senate | Debate and remarks S6122 | Dianne Feinstein D-CA | Jun 26, 2002 |
| Senate | Debate and remarks S1600–S1611Text printed S1602–S1610Summaries S1610 | Ernest F. Hollings D-SC (text), Joseph R. Biden Jr. D-DE | Mar 6, 2002 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Jun 7, 2002S. 1991, National Defense Rail Act<p>Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on April 18, 2002</p>
- Jun 7, 2002S. 1991, National Defense Rail ActCost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on April 18, 2002
Printed hearings 9
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 107-962 | INNOVATIVE FINANCING: BEYOND THE HIGHWAY TRUST FUND137 pages | Environment and Public Works Committee | Sep 25, 2002 |
| S. Hrg. 107-671 | TEA-21 REAUTHORIZATION: FREIGHT ISSUES149 pages | Commerce, Science, and Transportation Committee · Environment and Public Works Committee | Sep 9, 2002 |
| S. Hrg. 107-968 | NOMINATIONS OF MR. DAVID McQUEEN LANEY TO BE A MEMBER OF THE REFORM BOARD (AMTRAK) AND MR. ROGER P. NOBER TO BE COMMISSIONER OF THE SURFACE TRANSPORTATION BOARD40 pages | Commerce, Science, and Transportation Committee | Sep 5, 2002 |
| S. Hrg. 107-1112 | RAILROAD SHIPPER CONCERNS119 pages | Commerce, Science, and Transportation Committee | Jul 31, 2002 |
| S. Hrg. 107-1108 | RAILROAD SAFETY91 pages | Commerce, Science, and Transportation Committee | Jul 10, 2002 |
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To establish a national rail passenger transportation system, reauthorize Amtrak, improve security and service on Amtrak, and for other purposes.
- Short Titles as Introduced
- National Defense Rail Act
- Short Titles as Reported to Senate
- National Defense Rail Act
- Popular Titles
- Amtrak Reauthorization bill
Subjects
Assigned by the Library of Congress. Policy area: Transportation and Public Works.
- Accounting
- Administrative procedure
- Alabama
- Alaska
- Animals
- Appropriations
- Arkansas
- Armed Forces and National Security
- Auditing
- Authorization
- Bicycles
- Biological warfare
- Biological weapons
- Bombings
- Bridges
- Buy American
- California
- Cameras
- Canada
- Capital investments
- Chemical warfare
- Chemical weapons
- Civil Rights and Liberties, Minority Issues
- Closed-circuit television
- Commerce
- Communication satellites
- Computer software
- Congress
- Congressional investigations
- Congressional office buildings
- Congressional reporting requirements
- Connecticut
- Construction costs
- Construction industries
- Construction workers
- Corporation directors
- Crime and Law Enforcement
- Crime prevention
- Criminal justice information systems
- Criminal statistics
- Data banks
- Department of Transportation
- Disabled
- Disaster relief
- Discrimination against the disabled
- District of Columbia
- East Asia
- EBB Terrorism
- Economics and Public Finance
- Electronic surveillance
- Emergency Management
- Employee selection
- Employee training
- Environmental law enforcement
- Environmental Protection
- Europe
- European Union
- Executive reorganization
- Express service
- Federal advisory bodies
- Federal aid to research
- Federal aid to transportation
- Federally-guaranteed loans
- Finance and Financial Sector
- Financial planning
- Financial statements
- Florida
- Foreign Trade and International Finance
- Georgia
- Government contractors
- Government corporations
- Government lending
- Government Operations and Politics
- Government paperwork
- Governmental investigations
- Highspeed trains
- Identification devices
- Identification of criminals
- Illinois
- Indiana
- Infrastructure
- Infrastructure (Economics)
- Inspectors general
- International Affairs
- Japan
- Kentucky
- Labor and Employment
- Land transfers
- Law
- Leases
- Lighting
- Locomotives
- Louisiana
- Maine
- Maps
- Maryland
- Massachusetts
- Metropolitan areas
- Michigan
- Minimum wages
- Minnesota
- Mississippi
- Missouri
- Motor vehicles
- National Railroad Passenger Corporation (Amtrak)
- Navigation satellites
- Nevada
- New Hampshire
- New York City
- New York State
- North Carolina
- Nuclear terrorism
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Photography
- Police
- Police dogs
- Postal service
- Profit
- Protection of foreign officials
- Protection of officials
- Public Lands and Natural Resources
- Radio
- Railroad commuting traffic
- Railroad employees
- Railroad engineering
- Railroad equipment
- Railroad finance
- Railroad freight operations
- Railroad maintenance and repair
- Railroad passenger traffic
- Railroad policy
- Railroad relocation
- Railroad research
- Railroad safety
- Railroad terminals
- Railroads
- Recruiting of employees
- Refuse and refuse disposal
- Research and development
- Rhode Island
- Right-of-way
- Risk assessment
- Science, Technology, Communications
- Security measures
- South Carolina
- Space activities
- Stock repurchasing
- Stocks
- Supervisors
- Technological innovations
- Terrorism
- Texas
- Traffic accidents and safety
- Transportation and Public Works
- Transportation and the disabled
- Transportation planning
- Tunnels
- Urban affairs
- User charges
- Vermont
- Video tape recording
- Virginia
- Wages
- Washington State
- Wisconsin
- X-rays
Text 2
Each version as it was printed, newest first.
- May 29, 2002Reported to Senate
- Mar 6, 2002Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
