October 30, 2007 CONGRESSIONAL RECORD — SENATE S13541 Casey Johnson Nelson (NE) [Rollcall Vote No. 398 Leg.] man of the subcommittee and the lead- Cochran Kennedy Pryor YEAS—79 ership on both sides to get an agree- Coleman Kerry Reed Collins Klobuchar Reid Akaka Feingold Menendez ment worked out on how we proceed on Conrad Kohl Rockefeller Alexander Feinstein Mikulski this issue for the remainder of the Corker Landrieu Salazar Baucus Graham Murkowski afternoon. In the meantime, Senator Craig Lautenberg Sanders Bayh Grassley Murray Bennett Hagel DEMINT is here and ready to go on an Dole Leahy Schumer Nelson (FL) Domenici Levin Bingaman Harkin Smith Nelson (NE) amendment, and he has a committee Dorgan Lieberman Bond Hatch Snowe Pryor markup underway also. Durbin Lincoln Boxer Hutchison Reed Specter Brown Inouye So unless there is objection, I ask Feingold Lott Reid Feinstein Lugar Stabenow Burr Isakson Senator LAUTENBERG, could we let Sen- Roberts Grassley Martinez Stevens Byrd Johnson E INT Rockefeller ator D M call up his amendment Hagel Menendez Tester Cantwell Kennedy and go ahead and have a discussion on Harkin Mikulski Warner Cardin Kerry Salazar Hatch Murkowski Webb Carper Klobuchar Sanders it? Hutchison Murray Whitehouse Casey Kohl Schumer Mr. LAUTENBERG. I agree. Inouye Nelson (FL) Cochran Kyl Smith Mr. LOTT. I yield the floor. Coleman Landrieu Snowe The PRESIDING OFFICER. The Sen- NOT VOTING—9 Specter Collins Lautenberg ator from South Carolina. Biden Graham Sessions Conrad Leahy Stabenow Clinton McCain Vitter Corker Levin Stevens Mr. DEMINT. Mr. President, I thank Dodd Obama Wyden Cornyn Lieberman Tester the Senators. Craig Lincoln Thune AMENDMENT NO. 3467 The amendment (No. 3474) was re- Crapo Lott Voinovich jected. Dole Lugar Warner I would like to discuss amendment Mr. LAUTENBERG. Mr. President, I Domenici Martinez Webb No. 3467. Before I discuss the amend- Dorgan McCaskill Whitehouse ment specifically, I would like to talk move to reconsider the vote. Durbin McConnell Mr. LIEBERMAN. I move to lay that a little bit about rail passenger service NAYS—13 motion on the table. in America and Amtrak specifically. The motion to lay on the table was Allard Coburn Inhofe I think one of the best infrastructure Barrasso DeMint Shelby visions we could have as a country agreed to. Brownback Ensign Sununu today would be to create high-speed CLOTURE MOTION Bunning Enzi Chambliss Gregg passenger rail service that moves peo- The PRESIDING OFFICER. Under NOT VOTING—8 ple economically and efficiently the previous order, pursuant to rule around the country. The irony is, as Biden McCain Vitter XXII, the Chair lays before the Senate long as we continue to pour our Fed- the pending cloture motion, which the Clinton Obama Wyden Dodd Sessions eral resources into the Amtrak model, clerk will report. we will never get to that vision of an The legislative clerk read as follows: The PRESIDING OFFICER. On this vote, the yeas are 79, the nays are 13. efficient passenger rail service in this CLOTURE MOTION Three-fifths of the Senators duly cho- country. We, the undersigned Senators, in accord- sen and sworn having voted in the af- It is clear from years of working with ance with the provisions of rule XXII of the Amtrak and the model of using freight Standing Rules of the Senate, hereby move firmative, the motion is agreed to. Mr. LAUTENBERG. Mr. President, I rails and Government subsidies to sup- to bring to a close debate on Calendar No. port an Amtrak system, we will never 158, S. 294, AMTRAK Reauthorization. move to reconsider the vote and move Frank R. Lautenberg, Trent Lott, Joe to lay that motion on the table. have a world-class passenger rail serv- Lieberman, Benjamin L. Cardin, S. The motion to lay on the table was ice through the Amtrak model. So I Whitehouse, Robert Menendez, Daniel agreed to. hope we as a Congress, as a Senate, K. Inouye, Susan M. Collins, Mike Mr. LAUTENBERG. Mr. President, I particularly, can come to terms with Crapo, Larry E. Craig, John Warner, ask unanimous consent that the time the fact that if we continue to throw Byron L. Dorgan, Gordon H. Smith, during the recess period count money at Amtrak, we will never have Max Baucus, Bill Nelson, Robert P. efficient passenger rail service. Casey, Jr., Harry Reid. postcloture. The PRESIDING OFFICER. Without Certainly, there are a couple of lines The PRESIDING OFFICER. By unan- objection, it is so ordered. of rail service of Amtrak, particularly imous consent, the mandatory quorum in the Northeast, that work well for a f call is waived. number of people. But the fact is, many The question is, Is it the sense of the RECESS Americans are contributing to the few Senate that debate on S. 294, a bill to The PRESIDING OFFICER. Under passengers who are using Amtrak reauthorize Amtrak, and for other pur- the previous order, the Senate stands today. Taxpayers all over the country poses, shall be brought to a close? The in recess until 2:15 p.m. are putting their money into these few yeas and nays are mandatory under the Thereupon, the Senate, at 12:32 p.m., lines that work, even though very few rule. The clerk will call the roll. recessed until 2:15 p.m. and reassem- Americans actually ever use these rail The assistant legislative clerk called bled when called to order by the Pre- services. the roll. siding Officer (Mr. SALAZAR). As we discuss this final bill, it is im- Mr. DURBIN. I announce that the Mr. LAUTENBERG. I suggest the ab- portant we remember that in the last Senator from Delaware (Mr. BIDEN), sence of a quorum. year the Federal Government gave Am- the Senator from New York (Mrs. CLIN- The PRESIDING OFFICER. The trak $1.3 billion in subsidies, even TON), the Senator from Connecticut clerk will call the roll. though they carry less than 1 percent (Mr. DODD), the Senator from Illinois The assistant legislative clerk pro- of the Nation’s intercity passengers. (Mr. OBAMA), and the Senator from Or- ceeded to call the roll. Amtrak is the most heavily sub- egon (Mr. WYDEN) are necessarily ab- Mr. LOTT. Mr. President, I ask unan- sidized mode of transportation in the sent. imous consent that the order for the country. In fact, every ticket people Mr. LOTT. The following Senators quorum call be rescinded. purchase from Amtrak has an average are necessarily absent: the Senator The PRESIDING OFFICER. Without subsidy of over $210 per passenger per from Arizona (Mr. MCCAIN), the Sen- objection, it is so ordered. 1,000 miles traveled. We even have ator from Alabama (Mr. SESSIONS), and The Senator from Mississippi. some lines where the subsidy reaches the Senator from Louisiana (Mr. f as high as $500. VITTER). My amendment does not change this. The PRESIDING OFFICER. Are there PASSENGER RAIL INVESTMENT But it tells America the truth about any other Senators in the Chamber de- AND IMPROVEMENT ACT OF the subsidies for each of these tickets siring to vote? 2007—Continued people buy. The yeas and nays resulted—yeas 79, Mr. LOTT. Mr. President, we are My amendment requires Amtrak to nays 13, as follows: working with the distinguished chair- put on every ticket for the line they

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.005 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13542 CONGRESSIONAL RECORD — SENATE October 30, 2007 are using the amount of subsidy the them are in families not exceeding 200 bill, the one that got 69 votes in this taxpayers are putting into the cost of percent of poverty. And 200 percent of body, instead of having 5.5 million, we each of these tickets. By doing this, we poverty is about $40,000 a year for a would have 10 million children who will force Amtrak to do what all busi- family of four. We have only one State would be covered. nesses have to do, which is to track the above 300 percent of poverty, and there So I hope we can do that. But any- real cost of every product they sell. are maybe five or six States from 200 way, without belaboring the point, Right now, it is very difficult to de- percent to 300 percent of poverty. So what I am going to ask permission to termine actually how much Amtrak we have said there will be no waivers do is that we move off CHIP at what spends on each of its lines of service. above 300 percent of poverty. We have time it would occur naturally and take But by requiring they put the cost of changed along that regard. it up when we finish the farm bill. The the subsidy on every ticket, they will We have tightened down the language rest of this week we will be working on have to calculate the cost—which is as it relates to illegal children drawing something else. What that will be, I the revenue and the losses—for each benefits. Under the original bill we will certainly consult with the Repub- line in this country. passed, illegal children could not get lican leader. But right now, whatever I Every business should have to do it. the benefits. You had to be in the coun- do, unless I get consent from the Sen- Amtrak should as well. try for at least 5 years, with proper pa- ate—not only the Republicans but the It is the only way we can get a han- pers, and then you could, after having Senate—I would have to get consent to dle on actually how much we are been here 5 years. So we have tightened do that or otherwise I would have to spending for each line and hopefully everything down. We have changed file cloture on a motion to proceed to determining, after a while, which lines that, hopefully, to pick up some more it. So there are no surprises in that re- make sense to continue and which lines votes. gard. should be eliminated. At this stage, Senator HATCH and So I ask unanimous consent that the So I encourage all my colleagues to others have said to me: We need a little cloture vote be vitiated with respect to vote for this amendment. It does not do more time. We would like—because the motion to proceed to the CHIP bill, anything to reduce funding for Amtrak Senator HATCH and Senator GRASSLEY H.R. 3963, and the Senate begin consid- or put any additional restrictions on were in on the changes we made. They eration of that bill following the dis- them. But it does require them to show were not done by Democrats. For every position of the farm bill, H.R. 2419. America what the real subsidy is for meeting held, they were in on the As I have indicated, we are not going every ticket they sell. meetings. But they said give us some to move right to the farm bill. We are So I say to you, Mr. Chairman, I re- more time and maybe we can come up going to wait until at least Monday to serve the remainder of my time and with something else. I am willing to do get to the farm bill, as I have indi- look forward to your comments. Hope- that. We are willing to do that. I would cated. The PRESIDING OFFICER. Is there fully, we will have your support on this hope the Republicans mean that, that amendment. objection? they do need more time. Mr. LOTT. Mr. President, reserving The PRESIDING OFFICER. The ma- So what I would be willing to do—and the right to object, if I may do that, jority leader is recognized. when I say ‘‘I,’’ it is not me—but what and address some comments to the dis- CHIP we would be willing to do is to put the tinguished majority leader, and maybe Mr. REID. Mr. President, I have had vote off on CHIP until we finish the even some questions, first of all, I a number of conversations over the last farm bill. I am going to do the farm think we have made good progress on 24 hours with the Speaker, Speaker bill next week. I am not going to go to the Amtrak bill. The leader was consid- PELOSI, with the Democratic leader, it this week. We would go ahead and erate of allowing it to go over until STENY HOYER, Senator HATCH, Senator finish Amtrak and then move to some- today, and our colleagues have fulfilled GRASSLEY, and others who have indi- thing else. What it is, I don’t know. I their commitments to be reasonable cated on the CHIP matter they need will try to come up with something with their amendments, and we believe more time, they have had conversa- that would be without a lot of pain to we are ready to go to Senator DEMINT’s tions with Republican House Members anyone. There are many things we amendment and get a vote on it at a who voted not to override the Presi- have to do that are bipartisan in na- certain time. I believe we could be very dent’s veto, they are having conversa- ture that I think we could go to. close to going to passage also. tions with people within the adminis- I had originally considered offering a With regard to vitiating the cloture tration, trying to come up with some- unanimous consent request where we motion on the Children’s Health Insur- thing on CHIP, and they need more would move off CHIP and go to it when ance Program, I can’t see any reason time. we finish the transportation bill, and why we would object to that, but we My first inclination, after having in exchange for that, give me permis- ought to continue to try to find a solu- heard this, was, well, we have waited sion to go to something else. I have tion. Unfortunately, there has been no long enough. But after having spoken withdrawn that. I don’t want any ex- real consultation with the leadership to these Senators—Senator HATCH, es- cuses. I don’t want anyone saying: on this side of the aisle by those who pecially, has been working hard. They Look, we would have done that, but he have been having all of these meetings, have already had meetings with Repub- was demanding what we go to next, and and we still have not involved the ad- lican House Members. Senator BAUCUS, I am not going to do that. ministration in trying to get a solution I have spoken to him at great length, So I am going to recite into the that we believe we could all get broad and he is also having meetings with RECORD a unanimous consent request agreement on and avoid going back and some of the Republicans in the House which will say basically that we will forth on bills and vetoes. But to take to see if there is something that can be move off CHIP, giving Senator HATCH more time—we still hope you will come worked out. I do not know if there can and others time to negotiate to see if up with something that will be sup- be. they can come up with something that ported broadly and signed by the Presi- But what we have done with the mat- is agreeable to the body, and maybe we dent. But the idea that we would then ter that will shortly be before the Sen- can do CHIP so that—and the only re- agree for this to go automatically to ate: As to childless adults who are in quirement I think that Senator HATCH, the farm bill, we would have to have— the program now, under the original Senator GRASSLEY, Senator BAUCUS, I, Mr. REID. I am not asking unani- bill we passed, they would be phased the Speaker, Congressman RANGEL, and mous consent for the farm bill; I am out in 2 years. In the bill that is now Congressman DINGELL have is that we just going to go to the farm bill. before this body—or shortly will be— cover the same amount of kids. We Mr. LOTT. But SCHIP would come they are phased out over 1 year. So we tried to do that in some fashion. Right back automatically after the farm bill. cut that in half. now, if we don’t do something, the Mr. REID. After we finish that, yes. Ninety-two percent of the people number of children covered will drop Mr. LOTT. After a discussion with drawing benefits—and the ‘‘people’’ are from 5.5 million to 4.5 million. That is our leadership, at this time we would little people, are children drawing ben- the way it is. Those are the facts, and have to object. We don’t object to viti- efits from this program—92 percent of we can’t change that. If we passed our ating the cloture vote on the CHIP bill,

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.028 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13543 but we want to make sure we under- though, that this afternoon my friends desperate for time for things that need stand we are not agreeing to automati- would reassess this; otherwise, we will to be done. cally going to the CHIP bill after the go ahead and vote, as we have, on a Mr. LOTT. Let me say, if the Leader farm bill. So based on that, I would ob- motion to proceed to it. will yield, you are making an effort, ject at this time. It seems to me it would be a little and I think we will need some time to The PRESIDING OFFICER. Objec- difficult, as fair as we have tried to be, consult with our leader to make sure tion is heard. for people to change their votes on it. he is aware of this. I understand the Mr. REID. Mr. President, it is hard But miracles never cease, and the Re- leader doesn’t want to have time used for me to comprehend the logic of the publicans, I am sorry to say, have been that is not necessary. But we have an- objection. We are not asking unani- pulled in as puppets in the past during other unanimous consent agreement. mous consent from anybody as to what the almost 7 years this man has been We have an amendment that is pend- we are going to go to next. If the mi- President, and maybe they can do it ing. In the meantime, I will check with nority wants to object to going to the again. I would hope not on an issue this Senator MCCONNELL and see what he is farm bill, they have the right to do important. thinking. that. I think it would be unusual for I repeat, we simply want to have the Mr. REID. I would say to my friend, them to do that, but they have a right Republicans get what they want. Can’t in fairness, I talked to Senator MCCON- to do that. they take yes for an answer? We have NELL prior to lunch, but it wasn’t in We filed our 50th cloture motion, and said, you want more time? This isn’t any detail. I told him generally what I it was my favorite. It was my favorite an idea I came up with. The Repub- was going to do. So I think it is appro- because it was bipartisan. It was the licans came to me and said they needed priate to take a little more time, and first bipartisan cloture motion we filed more time. Senator HATCH called me we can all come out later and try this all year. It was on Amtrak. If we have last night. I talked to him twice last again. to file cloture on the farm bill, that is night. I talked to Senator GRASSLEY But I want the record to be spread, if fine. It would just take us a couple of yesterday; and Senator BAUCUS, I anyone can come up with a more fair extra days to get to the substance of called him and said: Is that OK with proposal than I have offered, then they the bill. you? He said: Yes, that is OK with me. should come to the Senate floor be- But I would also say it would seem to So I don’t know how we could be more cause I have basically given those peo- me that if the Republicans are sincere reasonable. ple who have wanted more time—and in wanting to do a CHIP bill, unless I What happens if they don’t do this? those are the Republicans—everything am missing something, what better op- We are going to go ahead and vote on they have asked for. portunity would they have? I have said By the way, I also want to say not the motion to proceed and vote cloture let’s get off this bill. As we all know, to only do I appreciate the Senator’s com- on the bill. If that is what they want, finish the farm bill could take a little ments about moving forward on the that is what we can do. But I don’t bit of time. I would hope we could fin- Amtrak bill, but this is a bipartisan know how, when somebody says will ish it in a week, but as we know, in piece of legislation, and I was maybe you do this for me, and we say yes, that week it could be interspersed with being a little flippant, but I was very they say no. an appropriations conference report. serious. I think it is wonderful. We had The PRESIDING OFFICER. The Re- We have to do the CR. So I can’t imag- a bipartisan cloture motion filed. We publican whip is recognized. ine our finishing the farm bill very Mr. LOTT. Mr. President, with re- need to do more of those, if possible. quickly. The PRESIDING OFFICER. The Sen- gard to Senator REID’s comments, I But I was told initially on this CHIP ator from New Jersey is recognized. matter that they needed 2 days to try don’t see any problem with vitiating Mr. LAUTENBERG. Mr. President, I to work something out. They are going cloture on the so-called CHIP bill, H.R. ask unanimous consent that there be 20 to have well more than 2 days. It is not 3963. If the leader would like to do that, minutes for debate with respect to the as if the Republicans have been in the I assume after consultation with Lead- DeMint amendment, No. 3467, prior to a dark. Remember, the two advocates for er MCCONNELL there wouldn’t be any vote in relation to the amendment; this—we would not have had a CHIP problem getting it done. that no amendment be in order to the The problem is, say that after the bill but for Senator GRASSLEY and Sen- amendment prior to the vote; that the farm bill you would automatically go ator HATCH. They were part of every- remaining pending amendments be thing that took place in this bill. When to the CHIP bill which would preclude withdrawn; that no other amendments the bill was not overridden—when the debate time on the motion to proceed, be in order other than a managers’ veto was not overridden and the bill if necessary. To put that after the farm package of amendments that has been was rewritten in the House, it wasn’t bill without full rights of the minority cleared by both managers and leaders; rewritten by the House; it was rewrit- would be a concern. First of all, we that upon disposition of these amend- ten by the House and Senator GRASS- don’t know when that might come. It ments, the bill, as amended, be read for LEY’s staff and Senator GRASSLEY and could come 2 weeks from now, right up a third time, and at 4 p.m. the Senate Senator HATCH. They were in on every against a date when we are supposed to proceed to vote in relation to the word put in this new bill. be going out for the Thanksgiving pe- DeMint amendment; and that upon dis- As far as the administration, it riod and we don’t want to short-circuit position of the DeMint amendment, all would seem to me if they have a couple that. But if we could work out some- postcloture time be considered yielded of weeks, then that is what this will thing where our rights would be pro- back and the Senate proceed to vote on basically give them, 10 days to 2 weeks. tected with regard to the CHIP bill in- the passage of the bill; further, that That gives them lots of time to work stead of just going automatically to it the cloture vote on the motion to pro- with the administration, Secretary after the farm bill, it looks as if that is ceed to H.R. 3963 not occur prior to 6:30 Leavitt, or whoever they want to deal something that could be worked out. p.m., Wednesday, October 31 or at a with it. Leader PELOSI and I asked the Mr. REID. Mr. President, I have a time determined by the two leaders on President the day he vetoed this bill— deal. Again, trying to be more reason- Wednesday. because he kept saying: I want to meet able than I probably should be, but in The PRESIDING OFFICER. Is there with the leadership. Speaker PELOSI an effort to try to be fair, I would con- objection? asked him in the morning; I asked him sider offering a cloture vote on the mo- Without objection, it is so ordered. in the afternoon. He said: I am not tion to proceed to CHIP following the Mr. LOTT. Mr. President, I believe going to meet with you. So we have farm bill, and if cloture is voted, go di- now we are ready to go forward with tried. We want to be reasonable. This is rectly to the bill. That way we don’t the pending DeMint amendment. an important bill. It deals with chil- lose the 30 hours. This would give peo- Mr. President, we agreed to 20 min- dren. It is bipartisan. This is not a ple—if people felt aggrieved that they utes of debate on the DeMint amend- Democratic bill. It is a Democratic and weren’t treated properly during this ment, once the Senator arrives. I be- Republican bill. period of time. I just don’t want to lose lieve we are sending a note to him. He So I have heard the objection. I un- the 30 hours because that is time to- had to go to a markup in the Com- derstand English. I would hope, ward the end of the session, and we are merce Committee. He has amendments

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.030 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13544 CONGRESSIONAL RECORD — SENATE October 30, 2007 he wants to offer. He will be back mo- The incurable attitude around here is lock in the agreement to basically fin- mentarily to offer those. evidenced by this bill. You can find a ish Amtrak this afternoon and then do In the meantime, I want to respond way to fight and have a disagreement something else this afternoon—we to some of the things the majority or you can find a way to work together. don’t know what—and on Thursday and leader was noting. I wanted to do it This Amtrak bill is, I believe, on the Friday and then come to the farm bill when he was on the floor, but it is im- verge of passing by a wide margin. If next week. Then to go automatically portant to try to work through these the House is smart, they will not put to a CHIP bill, which we don’t know unanimous consent agreements. poison pills in it and try to explode it. what it is going to be, and we give up Let me say that on the effort to viti- Let’s get real reforms and put some our rights of regular order, that is not ate cloture on the motion to proceed to pressure on Amtrak. I want a success- a good arrangement. the Children’s Health Insurance Pro- ful national rail passenger system. Do I I hope the two leaders will get to- gram, it was noted that it had been re- want subsidies for individual pas- gether and proceed to another bill to- quested by Republicans that 2 more sengers to be reduced? Yes. Do I want morrow. I don’t know what it might be. days be given to work something out. I the cost of meals to be subsidized by I represent a farm State. I hope we can note that I don’t believe that request the taxpayers? No. Do I want a strong- get a good farm bill and do it in a rea- came from the Republican leader, Sen- ly led, effective national rail passenger sonable period of time. I worry that we ator MCCONNELL. Members on both system? Yes. are not wanting to get an agreement sides of the aisle have to recognize that Let’s try to make that happen. But it on the Children’s Health Insurance our leaders are our leaders. Our leaders is not going to happen instantly. We Program. Some people are saying $35 have to be consulted on parliamentary have to set up a process, require re- billion or bust. Others are saying we procedure and also on timing. So when forms, and give incentives to do better. are not going to go to $35 billion. The one Senator—Senator HATCH—says One of the things I think is going to President is at $5 billion. The earlier give me 2 more days but there is no help, which some of my colleagues on bill the President vetoed was at $35 bil- contact or consultation with our lead- this side of the aisle have referred to, is lion. Now the new bill is $35 billion. Is ership on this side of the aisle, that is we are going to have more intercity there not an area between the two? I a problem. service as a result of this bill. We have have done negotiations around here for Also, we want to make sure we don’t a program specifically aimed to help years, in the House, in the Senate, and give up our normal rights, the regular States set up interservice transpor- in conference. When one side is at 5 and order. I am concerned about going to tation between not just New York and the other is at 35, what is half of that? some other issue after the Amtrak bill Albany but sites all over the country It is a little over 15. Would that work? and then going to the farm bill next where States can do more, where there What is the solution? Is it 20? How week. They have been on the farm bill is a way to get an opportunity to do complicated is that? we don’t know how long, and at the more to have intercity service. But we need to put the emphasis on last minute we may call up a bipar- We have language that will start to- the poor children first, quit this budget tisan agreement, but it will not resolve ward a situation where freight lines creep we always get into, adding more the agreements on SCHIP. can bid to provide the service on these and more children at higher income We must focus on poor children. I am lines. We do it with a pilot program. levels, and now we have adults and concerned with the present condition We don’t just say anybody can come in; other loopholes in this program that I of the bill. My analysis is that this bill we say one the first year, two the sec- think we need to be very careful about. costs more than the bill that was ve- ond year, but we will work toward see- Can we do it? Absolutely. toed, and fewer children are covered. It ing if others can offer this service more I introduced a bill a month ago that has an express lane for illegal children efficiently, effectively, and more cost was probably in the range of where the to go into the program. There is a mul- responsible. compromise ought to be. By the way, it titude of problems with it. The biggest I am very much concerned about how was about double what I thought we problem is we are still talking about these negotiations are going on on the needed to do when we started out, but over $35 billion. Instead of trying to Children’s Health Insurance Program. I moved up. I hope the two leaders will come to a compromise on the money There is a meeting going on down the get an understanding of what the proc- that is necessary to cover poor children hall now that doesn’t include the lead- ess is going to be and move forward on first, it is still not going to get adults ership on our side. Fifty staff people all of this legislation. Mr. President, we are now waiting for off the program. My observation has have been standing out in the hall. I Senator DEMINT to return. been when you let adults get on a pro- have a novel idea: I think Senators I will yield the floor so Senator LAU- gram intended for children, you crowd ought to be involved—men and women TENBERG may comment on the bill or children out. of good faith and intellect who under- on other issues. There are huge problems in the sta- stand these problems. We don’t have to The PRESIDING OFFICER (Mr. tus of the negotiations, which are have our staffs do this for us. SANDERS). The Senator from New Jer- going on by a group that has not in- The same is true with Amtrak. Sen- sey is recognized. cluded the Republican leadership or the ator LAUTENBERG and I have worked on Mr. LAUTENBERG. Mr. President, I administration. I don’t know who met this for at least 3 to 5 years. This is the want to start off this discussion by say- with whom, or why, or why not. We third Amtrak reform I have been in- ing how much I appreciate working ought to work this out. I don’t like volved in. I apologize for the other two with Senator LOTT and with other playing games with a program such as not doing everything we wanted them Members of the Senate in terms of the this. I stood on this floor and spoke to do. We have made progress. It didn’t amendments. They were offered and when this program was created. I be- do as well as it should have. Now we considered, but we moved with a degree lieve in it. I thought we were going to are trying again. I say to the Amtrak of dispatch, indicating to me that this focus on poor children and not con- leadership and the Department of is a bill that is wanted by a significant tinue to raise the income levels that Transportation, first, we are giving majority of the Senate. That is rep- were covered to 300, 350, or 400 percent DOT more involvement in what Am- resenting what we believe is a signifi- of poverty and put it into the program. trak does. No President has made Am- cant public opinion about whether Am- We need to look at the formula. Some trak work the way it should. They trak ought to be brought up to date States, such as mine, run out of money don’t pay enough attention to it. And and be part of the transportation sys- year after year because the formula it is not partisan; I don’t think this ad- tem that can help relieve other trans- doesn’t deal with the realities of the ministration is or that the previous ad- portation modes of the congestion, pol- needs of the poor children. ministration was. lution, et cetera, that we face con- There are multiple problems with This legislation will help us move in stantly in our country right now. what is going on. I am very concerned, the direction of a national passenger I think the amendment that has been on our side of the aisle, about some of rail system. I don’t want to go into offered by Senator DEMINT is not one the involvement of some of our people great length. I don’t have to object of those amendments we would ac- without consultation with our leader. when the leader makes a request to cept—the notion that each ticket a

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.032 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13545 passenger carries should identify the the not-too-distant future. Do we want I thank my friend, Senator LOTT, for amount of subsidy that goes into that to continue to subject the American his cooperative manner and his leader- passenger’s ride. I think it is wasteful public to these outrageous costs for ship throughout the issues we have and I don’t see any benefit to travelers this fuel, or do we want to try to faced in this body almost all the years or taxpayers. Can you imagine the achieve some balance in our transpor- I have been here. We have served to- complication that is involved here? tation systems? Trains are much more gether a long time. You don’t know how many passengers economical, reduce congestion, reduce I yield the floor. are going to be on that leg and the sub- pollution, and can establish a level of The PRESIDING OFFICER. The Sen- sidy has to be divided among the num- reliability we can’t get out of the avia- ator from Mississippi. ber of passengers. How far is each pas- tion system. Mr. LOTT. Mr. President, I again say senger going to travel? That would also We talked about whether we might to Senator LAUTENBERG, I have enjoyed indicate a part of the subsidy. You can- abandon food and beverage service on working with him on transportation not take a mathematical formula and the rail lines. We took a vote and it issues—from aviation to highways to apply it to this percentage or to this was soundly defeated. But as I listened highway safety and certainly the rail particular passenger’s ride. to the debate, I wondered whether next area and most particularly with regard We all know what is afoot here. I we would be debating separate charges to Amtrak and the national rail pas- generally agree that transparency is for the oil and bearing grease that is senger system. good when it comes to Federal tax- used on the wheels of the train cars Earlier today, I referred to a ‘‘Pa- payers’ dollars. But this amendment is and locomotives, and maybe we can rade’’ article that will be printed on not needed. It carries the request that separate out further expenses, maybe November 4, 2007. This is a great arti- Amtrak publish subsidies on its Web paper used in hand towels and items of cle. I am going to be quoting some very site. It already publishes subsidies in- that nature and reduce the number of interesting items that are included in formation per route on its Web site those used. We cannot deal with such this article because they are so appli- every month as part of its financial re- small matters if we want to get onto cable to our debate: port—the general information related doing something that helps the coun- Americans spent about 3.7 billion hours to those routes, not individual sub- try function more efficiently. stuck in traffic last year, burning gasoline sidies per ticket. This bill has truly got bipartisan sup- whose price had soared by 60 percent. Amtrak also provides details on port. We see it not only in the leader- And probably going up. every dollar and dime of its finances to ship that our friend the Senator from At the airports, security lines snake end- the Department of Transportation and Mississippi applies so skillfully, but lessly, runways are choked, and delays are the Congress on a continuous basis. there were quite a number of col- common. One recent study found that be- The DeMint amendment would provide leagues on the Republican side who tween January and August 2007, one in four travelers with redundant information joined in to get this bill as far as it is. flights arrived late; 159 flights were kept on and, frankly, waste Federal funds. We have almost miraculously come the tarmac for more than 3 hours in August. As I indicated in my earlier com- to a consensus that says after years of I heard a story one time about a ment, it would also be logistically al- working towards this goal, we are friend of mine, a Congressman from most impossible to do what this going to get to a positive conclusion Missouri, who went to the airport and amendment calls for—to determine the toward the reauthorization of Amtrak. wanted to check three bags. He told subsidy for each rider and print this in- It doesn’t mean all the problems were the attendant: I would like this bag to formation on a ticket. These numbers solved by a long shot, but it does say go to St. Louis, this bag to Kansas change depending on how far a pas- we want rail to be as well treated as City, and this bag to Chicago. senger rides the train. Even if they did well as our other means of transpor- They said: You can’t do that. Why not, Amtrak would have to redesign its tation. We spend some $40 billion each would you want to do that anyway? online reservations and ticketing sys- year on our highways, and aviation, He said: Well, that is what happened tem for customers to get this informa- unlike Amtrak, is a for-profit business, to my luggage last week. tion. One doesn’t have to have been in and we are still giving subsidies to the There are certain indignities that go the computer business, as I was, in airlines each and every year and, as I along with this. I don’t want to attack order to know it would take an incred- mentioned, over $20 billion since 9/11. airlines. We need to do more in avia- ible amount of time and energy to get When we look at the possibilities of tion. We need a modern aviation con- the software up to date and get the in- rail service and see that in Europe, for trol system. We should be critical when formation in on time for it to be print- instance, from Brussels, Belgium, to they do things that are indefensible, ed with any degree of accuracy on the Paris, France, is 200 miles, about the such as keeping people trapped on a ticket. It is the kind of added cost and same distance we are from New York plane on the tarmac. redtape that taxpayers are disdainful City, they do it in 1 hour 25 minutes. We need to be thinking about our of. Here, if we use an airplane, we can be transportation system in the air in the We don’t require the same printing sure that one out of four flights is next generation, how are we going to burdens on the airlines, and we have going to be late in departure and usu- make it safe, how are we going to deal provided some $20 billion to that indus- ally late on arrival. with congestion. Let’s not stand here try in the last 6 years. If we could get Amtrak to improve and complain; let’s act on it. That is Americans already understand our its service so we can reduce the why I am supporting an FAA reauthor- Nation’s passenger rail system requires amount of time it takes—I had the ization bill that includes funds for subsidies, just as rail systems in other good fortune this morning to take a 7 modernization. Senator ROCKEFELLER countries. What American travelers o’clock train out of New York City. I from West Virginia and I have worked care about is receiving high-quality live in New Jersey, but it was conven- together on that legislation. He has and convenient rail service as a result ient for me to get to the terminal in been courageous, staking a tough of that subsidy, and this amendment is New York City. I arrived 21⁄2 hours stand. Everybody wants modernization; not going to do anything to help us in later, city to city—New York City to nobody wants to pay for it. We have those areas. Washington, DC. We didn’t shake, rat- had some serious recommendations, Senator LOTT has indicated he and I tle, and roll all the time. It was nice; if and I am still hopeful that we can res- have worked on transportation issues you wanted to have a coffee or write or urrect that bill. That is another reason for many years. Finally, the public is read, it was reasonably comfortable to why we need this particular legisla- so immersed in congestion, in lost do that. That is what rail passengers tion. time, in delayed and missed appoint- deserve all across this country—ade- ‘‘Trains use one-fifth less energy ments, and with the price of gasoline quate service. than cars or planes.’’ I know this is going up as it is—I recently saw a pre- We are anxiously awaiting a vote on something the Presiding Officer from diction from someone engaged in the the next amendment, which has been Vermont cares a lot about. This makes oil industry in the Far East that oil ordered, and final passage on the Am- environmental and conservation sense. was going to be up to $200 a barrel in trak bill. They are business efficient, tourist

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.033 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13546 CONGRESSIONAL RECORD — SENATE October 30, 2007 friendly, and that goes not only for the senger car than in a cargo-type boxcar. what the moniker on my tombstone Senator from New Jersey who came That is the way a lot of people have will say: He died trying to get some- down this very morning, but the Sen- traveled in years gone by, boxcars. thing done, something that people care ator from Oklahoma, Mr. COBURN, who We are trying to do something re- about in this country. said he was in New York City and came sponsible to make a difference for the I am getting a little carried away. I down on the train. It cost less, it was American people and deal with our am sounding like a preacher. I apolo- very pleasant, and it didn’t take as transportation needs in this country. gize. But I am passionate about this. I much time. I do want more transparency. I do feel a little offended. Some people are Why shouldn’t we try to do more of want them to cut out the waste. If food sitting here saying this guy is from that? By the way, it is not just about costs are being driven by 52 percent Mississippi, what does he care? I care the eastern seaboard. We want a na- labor cost, change it. Raise the cost, do because it is right for our whole coun- tional passenger rail system. But one whatever is necessary. But I am tired try, not just for my State. I don’t have of the keys, as I mentioned earlier, is of people complaining about it and no- a vested interest, thank goodness. Yes, intercity connections. We are not talk- body doing anything about it. we will have a little Amtrak service, ing about just going north, but talking I urge the Amtrak board: Get en- not a whole lot, but we will have a cou- about an intercity connection between gaged. On transportation, I have urged ple of lines that come blowing through DC and Charlotte, NC. We are talking this administration and the previous my State. We will be glad to have about Portland and Seattle, Chicago administration: Lead us, push the edge. them. We hope they will stop a couple and Detroit. We are talking Miami and Yet we have had to drag administra- of times and pick us up and take us to Jacksonville. And we provide addi- tions into this area, which is one of the New Orleans or take us to Atlanta or tional assistance in this bill through few areas, in my opinion, philosophi- take us to Chicago. the State Capital Grant Program for cally, the Federal Government has a But Europe and Japan and other intercity passenger rail projects. role—interstate transportation. You countries have done this. I don’t like to The grant program makes grants to can’t do it alone if you are a poorer emulate those countries in a lot of in- States or groups of States to pay for State, such as Vermont, Montana or stances, but if they can do it, you are the capital cost of facilities and equip- Mississippi. It has to be between telling me we can’t do it? It is just a ment necessary to provide new and im- States, it has to be supported by the matter of us making up our minds that proved intercity passenger rail. The Federal Government. It creates jobs. we are going to do this, and I hope we Federal match is 80 percent. Projects When we build a highway, when we ex- have made up our minds this time and are selected by the Secretary of Trans- tend a runway, when we improve a ter- we are going to do something that will portation based on economic feasi- minal and make it safer, make it where really help the national passenger rail bility, expected ridership, and other the transportation safety administra- system. I yield the floor. factors. tion can do its job, when we lay more The PRESIDING OFFICER. The Sen- By the way, that is the same arrange- railroad track, when we put more ator from New Jersey. trains on that trackage, when we pro- ment we have with highways. People Mr. LAUTENBERG. Mr. President, say: Oh, my goodness, subsidy of a rail vide good service, jobs are created. Senator LOTT was speaking about the I have absolutely been convinced, in passenger system? Well, yes. We have a larger assignment that we have in the last 10 years of my career, that subsidy for airlines, and we have a sub- front of us rather than simply a party transportation is key to future of the sidy for highways. allegiance. There is no doubt that long country. Infrastructure, yes, industrial I wish we didn’t have to have a sub- before we were Republicans and Demo- sites, water, all that. But lanes, planes, sidy. I do hope we do a better job of crats, we were Americans. If we keep trains, ports, and harbors, if people running Amtrak. I think some progress that focus in mind, I think we can help has been made. I still say former Chair- can’t get there, whether it is an indi- our country achieve some of the goals man of Amtrak, David Gunn is a good vidual, a corporate executive or inter- that we need to examine. man and did a lot of tough things and national, multinational company, they Look at the conditions that have would have done more if he had been are not going to come. If they have to overtaken America—I will use that able to stay on. I wish him well. get there on a dirt road—no. They are word—and look back at the population. By the way, how much money are we not going to come. If they can’t get de- In 1970—1971, when AMTRAK was taken subsidizing Amtrak? Last year, the cent commercial service, they are not over as a quasi-public corporation, the funding was $1.3 billion, the same as it going to come. country had 200 million people. Now, was 25 years ago. We haven’t even ac- This is just a part of the package. It barely 35 years later, we have 300 mil- counted for a piece of the inflationary is the kind of thing we can do in a bi- lion in this country of ours. Imagine, impact. partisan way. One of my big problems 100 million more people, and we are I want modernization. I don’t want this whole year is we have looked for still depending on a rail system that the Acela, this nice train running from ways or issues that we fight over. ‘‘We was largely developed far earlier than Washington, DC, to New York and are defining our base.’’ ‘‘We are defin- the 1970s. Philadelphia and then have me have to ing our party.’’ Baloney. I didn’t come I think Senator LOTT was absolutely ride some raggedy train from Meridian, here just to define a party. I think we right when he spoke about our need to MS, that bumps and grinds and drags ought to be trying to find a way to do bring the aviation system up to date as along and eventually comes to Wash- some things for the American people. well. We have narrowed the separation ington. I want to have something like It doesn’t have to be the grand design between airplanes to one thousand feet the Acela, also. We are going to have to of tax policy or budget policy. No, it vertically. That is not designed to have capital improvements. We will can be national rail passenger system. scare anybody because the Federal have to modernize. We can’t tell the It can be something smaller that we Aviation Administration (FAA) can people we want you to consider the al- can work together on that produces a handle it, but the FAA does say we are ternative of rail passenger if it is not real result. Let’s quit looking for ways squeezing whatever spare air we have on time, if the food has been pulled off that we can fight. There will be plenty to fill the airspace. When we look at the trains, and the equipment is pa- of time for that. Let’s look for things the lighter jets coming into service, it thetic. It is probably going to be an we can do together that have broad is expected that there will be some overnight trip. You have to have some support. 5,000 new very light jets in the sky in modicum of comfort to take advantage I will be involved when that time the next 10 years. We see the planes are of this alternative. comes. I am in and out of here—around filled constantly and ways have to be I have a feeling—and it is not a good here all the time, on a bipartisan basis, figured out to make air service more one—that we are going to have grid- because I just can’t stand the idea of reliable. lock and congestion, maybe even safety just being here and producing nothing. I repeat something that has been said threats. We are going to have to have a I have been told, in a way, I have some many times: One out of four flights is national passenger rail system. I would sort of congenital defect; and that is a late today. One of the airports that suf- rather ride on a sleeper or a nice pas- desire to get things done. I hope that is fers from these delays is my favorite

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.035 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13547 airport, and that is Newark Liberty watching as the ice melts from under When it comes to Amtrak, we are all International Airport in New Jersey. their feet, it is an ominous sign. When very aware that there are heavy sub- We have to learn different ways to do we understand that, if the ice melts— sidies for Amtrak. This works out to things because, as has been said, the and the occupant of the Presiding Offi- an average of over $210 a ticket across air time to fly from Newark or cer’s chair and I and other Senators the country. In some parts of the coun- LaGuardia—I live in between because I were in Greenland not too long ago and try Amtrak is working very well and in live in that part of New Jersey near the watched ice melt, not in little rivulets other parts of the country, the Federal Washington Bridge, so I live midway in but almost like waterfalls, and the Government is subsidizing over $500 a between. So I can go to either airport forecast is that if that ice melt con- ticket to keep this going. for service. tinues at the pace it is, within 50 years Mr. LAUTENBERG. Mr. President, But what has happened is I have been the seas can be 20 feet higher than they we have about 6 minutes left. I suggest on the airplane many times going up are. We have to get on with it. we divide it between us so that we have from here to our region and I hear the This is an opportunity to make a a couple of minutes to respond to the pilot say: Good evening, the weather is contribution to the reduction of green- Senator. fine, the flying time to Newark Liberty house gases and arrest the momentum Mr. DEMINT. That is fine. I will take Airport is 38 minutes. Since there are of global warming. That rail bill we a couple more minutes. no weather delays we should enjoy our have is an essential factor in that area. My amendment requests full disclo- trip up there, and I hope we will be able How about the experience this coun- sure of the costs of subsidies for each to close the door soon and get on our try has had in these last years when ticket. This would allow passengers way. two nuclear energy plants were built, and all Americans to know that when In this particular flight that I am one in New Hampshire and one in Long they buy a ticket, how much tax dol- thinking of, the pilot closed the door, Island, NY, that had to be virtually lars go in, in addition to what they we were pushed out with the truck to abandoned because there was no sen- pay, to subsidize the price of their tick- get into place, and the pilot said: Oh, sible evacuation route. Rail makes a et. we just learned air traffic in the New difference. If rail had been used in Lou- This will do a number of things, I York area is fairly heavy, and our isiana at the time of Katrina, a lot think, that are important. It will not takeoff time is an hour from now. more people could have escaped some only let the American people know how An hour from now, for a 38-minute of the fear and the anxiety and the much they are spending to keep Am- flight. I looked at my watch many deaths and illnesses that struck people trak going, it will force Amtrak to ac- times and couldn’t wait for the hour to as a result of that terrible storm. Let’s tually calculate the real costs of oper- pass. The pilot gets on the air and says: get on with it. ating their lines throughout the coun- We have just been advised that we have We have a commitment under the try. 23 minutes longer than expected. regular order of business to vote at 4 In order for us as a Congress to make By the time that 38 minutes flying o’clock on an amendment that talks good decisions about Amtrak and allow time got through, it was 3 hours of about showing the subsidy per ticket, them to make good decisions about time passed. offered from our colleague from South which lines should be discontinued, I just told the story about taking a Carolina, to make certain that we iden- which ones should be continued, it is train down this morning from New tify how much we are spending on a important for them to calculate the York Penn Station, and it was 2 hours subsidy. cost. Right now the way they calculate and 35 minutes. I was in the city, so I We are not saying the same thing has costs does not allow them to determine didn’t have to travel a half or three- to be done on an air ticket. Aviation is the real costs for their lines. I want to quarters of an hour to get to the air- essential. Airlines helped connect this make clear we are not trying to cut port, and then to be there a half hour country. We are able to get coast to any funding in this amendment from or 45 minutes early, so the time con- coast, long distances, in a relatively Amtrak. We are not asking to do any- sumed just doesn’t balance out. short time. We subsidize these for-prof- thing but what a normal business We have to get on with this oppor- it companies. They are businesses. Am- would do; that is, to calculate the real tunity to improve our transportation trak is a not-for-profit company, so we cost of operating each of their lines. systems because we are being forced are going to have to subsidize it. I It is the same as asking a business to into it. We have not planned ade- think now what we are saying is we are determine the cost of all of their prod- quately enough to accommodate travel stepping up to the plate and getting on uct lines so they can determine which in our country. We have to act, because with it. are profitable, which are not. In this we know things are going to worsen, I hope my colleague from South case, we will determine not only which not get better automatically. Carolina will be able to join us because ones are not profitable, and how much As we deal with problems—the occu- the time now will be charged to the in subsidies there is, but what the real pant of the chair, the Senator from time allotted for debate. I am going to costs are for each line. Vermont, and I—we are dealing ac- suggest the absence of a quorum while I encourage my colleagues to support tively with global warming because of we wait and ask the time for debate this as a measure of disclosure for Am- emissions that come from cars, from under the quorum call be equally di- trak, not in any way to harm Amtrak buildings, from industrial sources, vided. or their operations. I think it is a way from all kinds of greenhouse gas The PRESIDING OFFICER. Without to help them be more efficient in the sources that are creating global warm- objection, it is so ordered. The clerk future. ing. Global warming threatens our will call the roll. With that, I yield back the remainder families directly. It is said by the most The legislative clerk proceeded to of my time. auspicious scientific advisory groups— call the roll. The PRESIDING OFFICER. The Sen- the National Academy of Sciences, the Mr. DEMINT. Mr. President, I ask ator from Mississippi. Union of Concerned Scientists, Na- unanimous consent that the order for Mr. LOTT. Mr. President, let me say tional Science Foundation—they are the quorum call be rescinded. again to the Senator from South Caro- saying: Get on with it. You have a 10- The PRESIDING OFFICER. Without lina who just left the Chamber, I appre- year window during which time you objection, it is so ordered. ciate the way he has approached this. can do something about arresting the Mr. DEMINT. Mr. President, I under- He did not come in and condemn it; he growth of global warming that will stand at 4 o’clock we have a vote on looked at it. He had some ideas, and make life quite different on our planet DeMint amendment No. 3467. I would several of them have been accepted. I than we are used to. summarize again the purpose of this think he wound up getting five of his When we see ecological disturbances, amendment and what it entails. We ideas that have been accepted. So he like male fish in the Potomac River have talked about the importance of has been a constructive force. carrying eggs—not the female fish— disclosure, in letting the American I have found a lot of Members assume that is an ominous sign. When we see people know how Government operates we are trying to provide money to Am- polar bears on floes that are ragged, and actually what it costs them. trak without any reforms. When they

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.036 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13548 CONGRESSIONAL RECORD — SENATE October 30, 2007 look at it, I think they are surprised at desk, and I ask unanimous consent Mr. LOTT. The following Senators the number of requirements and plans that the three amendments be consid- are necessarily absent: the Senator and reform that we do include in this ered en bloc and modified, if applicable; from Arizona (Mr. MCCAIN) and the legislation. that the amendments be agreed to as Senator from Alabama (Mr. SESSIONS). But I would be opposed to this modified, if modified; and the motions The PRESIDING OFFICER (Mr. amendment. You would have to print to reconsider be laid upon the table, en SALAZAR). Are there any other Sen- on each individual ticket the specific bloc. ators in the Chamber desiring to vote? amount of the Government subsidy per The PRESIDING OFFICER. Without The result was announced—yeas 27, passenger for that route. Now, think objection, it is so ordered. nays 65, as follows: about it. You know on its face that The amendments were agreed to, as [Rollcall Vote No. 399 Leg.] would take a lot of effort. It is chang- follows: YEAS—27 AMENDMENT NO. 3486 ing. It would cost, I have heard, prob- Allard DeMint Kyl ably as much as $3 million. I do not (Purpose: To require the rail cooperative re- Barrasso Dole Lugar want to vouch for that, but there would search program to include research de- Bond Ensign McConnell be some cost. But it is already avail- signed to review rail crossing safety im- Brownback Enzi Roberts Bunning Graham Shelby able. You can get this information provements, including improvements using new safety technology) Burr Grassley Sununu through the public Web site. That is Chambliss Gregg Thune available, about what the cost of the On page 105, between lines 13 and 14, insert Coburn Inhofe Vitter the following: Cornyn Isakson Voinovich subsidy is on these tickets. So it would ‘‘(12) To review rail crossing safety im- provide something that is already provements, including improvements using NAYS—65 available. You would have to pay for it. new safety technology. Akaka Durbin Mikulski Alexander Feingold Murkowski We have a number of other reporting AMENDMENT NO. 3489, AS MODIFIED and disclosure requirements included Baucus Feinstein Murray On page 60, after line 22, add the following: Bayh Hagel Nelson (FL) in this bill. I think it is redundant to SEC. 224. PASSENGER RAIL STUDY. Bennett Hatch Nelson (NE) what we have in the bill. (a) IN GENERAL.—The Comptroller General Bingaman Hutchison Pryor We are focused on trying to reduce of the General Accountability Office shall Boxer Inouye Reed conduct a study to determine the potential Brown Johnson Reid subsidies. The point should not be how Byrd Kennedy Rockefeller much is it now per ticket; the point cost and benefits of expanding passenger rail Cantwell Kerry Salazar should be: How much is it aggregate service options in underserved communities. Cardin Klobuchar (b) SUBMISSION.—Not later than 1 year Sanders and what are we going to do about it? Carper Kohl after the date of the enactment of this Act, Casey Landrieu Schumer We have got specific markers in this Comptroller General shall submit a report Cochran Lautenberg Smith legislation, the metrics and standards containing the results of the study con- Coleman Leahy Snowe Collins Levin Specter that will be required to get us to a re- ducted under this section to— Stabenow (1) the Committee on Commerce, Science, Conrad Lieberman duced amount of subsidy. Corker Lincoln Stevens But, again, as I have said earlier, it is and Transportation of the Senate; and Craig Lott Tester a chicken-and-egg thing. You can do it (2) the Committee on Transportation and Crapo Martinez Warner in a responsible and reasonable way Infrastructure of the House of Representa- Domenici McCaskill Webb tives. Dorgan Menendez Whitehouse and get a result or you can force things AMENDMENT NO. 3469, AS MODIFIED that cost money and do not achieve NOT VOTING—8 On page 16, between lines 5 and 6 insert the anything. Biden Harkin Sessions following: Also, we are not going to reduce the Clinton McCain Wyden (c) CATEGORIZATION OF REVENUES AND EX- Dodd Obama subsidies until we improve the service, PENSES.— improve the capital stock, and do a (1) IN GENERAL.—In carrying out subsection The amendment (No. 3467) was re- better job. That is what I believe this (a), the Amtrak Board of Directors shall sep- jected. legislation will do. So I urge the arately categorize routes, assigned revenues, Mr. CARDIN. Mr. President, I move amendment be defeated. and attributable expenses by type of service, to reconsider the vote. I again thank the Senator from including long distance routes, State-spon- Mr. LAUTENBERG. I move to lay South Carolina for being willing to sored routes, commuter contract routes, and that motion on the table. Northeast Corridor routes. work with us on a number of amend- The motion to lay on the table was (2) NORTHEAST CORRIDOR.—Amtrak reve- agreed to. ments he had that actually did add im- nues generated by freight and commuter provements to the bill. railroads operating on the Northeast Cor- Mr. SCHUMER. Mr. President, I rise With that, I yield the floor. I do not ridor shall be separately listed to include the today in support of the Passenger Rail know if there is any time remaining. charges per car mile assessed by Amtrak to Investment and Improvement Act of Mr. LAUTENBERG. Mr. President, other freight and commuter railroad enti- 2007. First I would like to thank Sen- we need a couple of minutes. I ask ties. ator LAUTENBERG and Senator LOTT unanimous consent to extend the pe- (3) FIXED OVERHEAD EXPENSES.—Fixed over- and their staff for all of their hard head expenses that are not directly assigned riod prior to the vote for 5 minutes so work on this bill. This bill is the prod- or attributed to any route (or group of uct of true collaboration and I am we can prepare the managers’ amend- routes) shall be listed separately by line ment prior to the vote. item and expense category. proud to be an original cosponsor. Serving nearly 26 million riders each The PRESIDING OFFICER. Without VOTE ON AMENDMENT NO. 3467 objection, it is so ordered. Mr. LOTT. I ask for the yeas and year, Amtrak provides an invaluable Mr. LAUTENBERG. Mr. President, I nays. service to travelers and commuters all note the absence of a quorum. The PRESIDING OFFICER. Is there a over the country and particularly The PRESIDING OFFICER. The sufficient second? along the Northeast corridor. clerk will call the roll. There appears to be a sufficient sec- Unfortunately, in the past few years, The legislative clerk proceeded to ond. we have seen efforts to fully fund and call the roll. The question is on agreeing to modernize Amtrak thwarted, leaving Mr. LAUTENBERG. I ask unanimous amendment No. 3467. The clerk will Amtrak repeatedly underfunded by the consent that the order for the quorum call the roll. administration. This bill will end this call be rescinded. The legislative clerk called the roll. pattern of stop-gap funding and provide The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the Amtrak with the resources it needs to objection, it is so ordered. Senator from Delaware (Mr. BIDEN), improve service and passenger safety AMENDMENTS NOS. 3486; 3489, AS MODIFIED; AND the Senator from New York (Mrs. CLIN- as we move forward. As you know, 3469, AS MODIFIED, EN BLOC TON), the Senator from Connecticut many of the security measures ini- Mr. LAUTENBERG. Mr. President, (Mr. DODD), the Senator from Iowa (Mr. tially included in this bill have already under the order, there is consent for a HARKIN), the Senator from Illinois (Mr. been signed into law as part of the Im- managers’ amendment to be in order. OBAMA), and the Senator from Oregon plementing the 9/11 Recommendations That managers’ amendment is at the (Mr. WYDEN) are necessarily absent. Act. I congratulate my colleagues on

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.038 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13549 these accomplishments as these meas- trak operates the Amtrak Cascades, lent work on this bill, and I am proud ures will significantly strengthen the which provides daily service between to co-sponsor it. security of our passenger rail system. Eugene, OR and Vancouver, British Co- Amtrak is certainly important to my As Amtrak formulates its plan for lumbia. This service is supported home State of Connecticut. Amtrak op- the future, it is important that it has through operating funds provided by erates 46 daily trains in Connecticut, the funding and support needed to the States of Oregon and Washington. serving almost 1.5 million passengers maintain the system and restore oper- With almost 700,000 riders last year, each year. New Haven is the twelth ations to high performance levels. By the Amtrak Cascades is the seventh busiest train station in the entire Am- authorizing $10 billion over the next 6 most heavily traveled corridor in the trak system, with over 630,000 pas- years for repairs and operating costs, country and represents a model for sengers annually. Amtrak is also a sig- in addition to millions in grant fund- partnership among States, Amtrak, nificant employer in my State, pro- ing, Amtrak will be able to accomplish freight railroads and local commu- viding 575 jobs to Connecticut resi- this goal and meet the transportation nities. Currently, however, Oregon is dents. and safety needs of travelers who rely one of only 14 States that provide oper- These Connecticut facts provide me on the system. This bill will also en- ating funds to support and maintain with robust reasons to champion Am- sure that Amtrak is able to restore the Amtrak’s service. This bill would help trak, but I also believe that we must Northeast corridor—the most heavily change that. have a strong national passenger rail trafficked stretch of the system—to a On the capital side, this bill encour- system. We rely on the heavily used state of good repair by the end of 2012. ages States to get more involved with Northeast corridor to provide a conven- This corridor is relied upon by leisure our national passenger rail system by ient transportation option for those and business travelers alike and is an creating a new State Capital Grant traveling between Washington, DC and integral part of the Northeast econ- program for intercity passenger rail Boston. The capital funding authoriza- omy. I am proud to be an original co- capital projects. tion in the legislation before us will re- sponsor on this bill and believe it pro- The program makes grants to a quire that Amtrak develop a spending vides Amtrak with a solid blueprint for State, or a group of States, to pay for plan to improve infrastructure along the future. the capital costs of facilities and equip- the corridor, which will lead to reduced In New York particularly, Amtrak is ment necessary to provide new or im- travel time and delays. indispensable to the economy and busi- proved intercity passenger rail. The There is also an important environ- ness community. Thousands of riders Federal match is 80 percent. Providing mental reason to support Amtrak. travel daily to New York City for States with this option will be a valu- Global warming is a real problem, and meetings, to visit family and friends or able tool to assist them in their trans- we need to figure out sensible ways to for an early dinner before a Broadway portation planning. reduce our reliance on foreign oil. We show. Amtrak offers New Yorkers reli- Across the country and across all can only solve this national crisis if we able and hassle-free access to cities all transportation modes, congestion is be- work together collectively. As far as along the east coast, making it a cru- coming more and more of a problem, Amtrak is concerned, we cannot focus cial mode of transportation for hun- and, unfortunately, it is only going to solely on the East and West coast train dreds of thousands of travelers each get worse. Increasing the use of pas- corridors. Instead, we need to figure year. senger rail, particularly within more out ways to increase ridership for as I am committed to working with my densely populated corridors such as the many routes as possible. This bill re- colleagues to continue to improve pas- Cascades corridor I mentioned earlier, quires Amtrak to become more effi- senger rail service through Federal should be part of our national strategy cient in delivering its long distance support and increases in safety and se- to fight congestion. service by implementing performance curity and I look forward to the final It should be noted that intercity and improvement plans for trains with low passage of this bill. commuter passenger railroads are one ridership. Mr. SMITH. Mr. President, as rank- of the cleanest forms of transportation. The Passenger Rail Investment and ing member of Senate Commerce Com- On a per passenger mile, Amtrak is 17 Improvement Act also creates a new mittee’s Subcommittee on Surface percent more energy efficient that do- State Capital Grant program for inter- Transportation, I rise to speak in the mestic airline travel and 21 percent city passenger rail projects. With a support of the Passenger Rail Invest- more efficient than auto travel. Federal match of 80 percent, the Sec- ment and Improvement Act of 2007. Finally, I want to talk quickly about retary of Transportation will select This bill reflects several years of work ridership and financial performance. In worthy projects based on environ- by Senators LAUTENBERG, LOTT, myself fiscal year 2007, Amtrak ridership in- mental impact, economic benefit, and and many others to reform our Na- creased to 25,847,000, marking the fifth anticipated ridership. I want to under- tion’s passenger rail system. straight year of gains and setting a score the importance of this new grant Over the 6-year life of the bill, Am- record for the most passengers using program. The era of cheap oil is over, trak’s operating subsidy is reduced by Amtrak since its creation in 1971. and our Nation’s security depends on 40 percent through cost cutting, re- Additionally, total ticket revenue for implementing innovative energy and structuring, and reform. This bill au- the fiscal year topped $1.5 billion, up 11 transportation alternatives. thorizes funding for Amtrak’s capital percent over the previous fiscal year. The last Amtrak authorization bill and operating needs to maintain cur- More people are using Amtrak today expired in 2002, so the time for this rent operations, upgrade equipment, than ever before, and given the trans- bill’s passage is overdue. Amtrak de- and return the Northeast Corridor to a portation capacity constraints our serves a stable funding blueprint for state of good repair. country will face in the coming years, the next 5 fiscal years. Without such While I know that there are some I believe it would be a mistake if we certainty, it is impossible for Amtrak who argue that this bill does not go far didn’t make the investments now—in to succeed and meet the considerable enough, I do believe that it is a step in both time and money—to try to reform challenges and goals we have placed be- the right direction. In particular, I be- the system to ensure that passenger fore them. lieve that the State-Amtrak partner- trains are a viable transportation al- I commend my colleagues again for a ships outlined in this bill—with respect ternative in the future. job well done on a bipartisan piece of to both the cost allocation and capital I don’t believe that this is a perfect legislation that builds a strong con- match—will be key to ensuring the bill, but I do believe that it is a step in sensus on the next generation of pas- long-term viability and growth in rid- the right direction, and I hope my col- senger rail in the United States. ership of intercity passenger rail. leagues will support it. Mr. CASEY. Mr. President, I rise I have long advocated for the estab- Mr. LIEBERMAN. Mr. President, I today in strong support of S. 294, the lishment of an equitable system for rise today in support of the Passenger Passenger Rail Investment and Im- States to pay their fair share toward Rail Improvement and Investment Act provement Act of 2007, offered by Sen- the operating costs related to Amtrak of 2007. I commend Senators LAUTEN- ators LAUTENBERG and LOTT. I signed corridor routes. In the Northwest, Am- BERG, CARPER, and LOTT for their excel- on as a cosponsor of this bill soon after

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.009 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13550 CONGRESSIONAL RECORD — SENATE October 30, 2007 it was introduced because this legisla- for the operation and development of Francisco, Oakland and Sacramento in tion provides a much-needed and long passenger rail services, reauthorize the north, to Los Angeles and San overdue investment in the future of Amtrak for an additional 6 years, and Diego in the south. passenger rail in our country. provide much needed reform of the Na- With trains operating at speeds up to The benefits of a strong passenger tion’s rail system. 220 mph, the travel time from down- rail network are clear: Amtrak helps This legislation makes an important town San Francisco to Los Angeles reduce congestion on our highways in first step to establish high-speed rail would be just under 21⁄2 hours. an environmental-friendly manner. systems throughout the United States. As envisioned, California’s high- Anyone who travels regularly on our A strong national rail system pro- speed train system could accommodate Nation’s highways recognizes that we vides Americans with a practical trans- nearly 120 million passengers annually need a comprehensive solution to our portation alternative, helps to allevi- by 2030. congestion problems that involves mul- ate traffic congestion on our Nation’s This state-of-the-art rail system tiple modes of transportation. We need highways and reduces harmful green- would take millions of cars off the to do so, however, in a way that re- house gas emissions. road, ease traffic congestion, reduce duces carbon emissions. Passenger rail This legislation would also require an greenhouse gas emissions, and allow is key to these efforts. increase in financial and operation people to travel faster, safer and more Amtrak has made great strides in re- transparency and accountability at comfortably. cent years in terms of its on-time per- Amtrak, reduce Federal operating sub- To move our great Nation into the formance, its commitment to high sidies, and improve train performance next era of modern, efficient, environ- speed rail, and its emphasis on in- and customer service. mentally friendly transportation, all creased ridership. While Amtrak still Today, Amtrak serves nearly 25 mil- levels of public and private finances has work to do on the longer distance lion riders each year at more than 500 and resources must be brought to bear. This legislation is an important first routes serving Pennsylvania and other stations across 46 States. step. parts of the country, the well-docu- Amtrak is also one of the Nation’s Investment in America’s passenger largest providers of contracted com- mented ontime performance of the rail system is important for California. muter service for State and regional Acela Express in the Northeast cor- It is important for this Nation. I urge authorities. Over 60 million commuters ridor is a perfect example of the possi- my colleagues to join me in support of in California, Maryland, Connecticut, bilities that result from appropriate in- this legislation. vestments in rail infrastructure. At the Washington, and Virginia take Amtrak Mr. DURBIN. Mr. President, I thank end of fiscal year 2007, Amtrak officials to work each year. Senators LAUTENBERG and LOTT for reported that ontime performance for California’s partnership with Amtrak their hard work in bringing this impor- Acela Express was 87.8 percent, up represents the largest State-supported tant bill to the floor. They have more than 3 percent over the same pe- passenger rail program in the United worked on this issue for years and have riod in 2006. States. Each day, Amtrak operates ap- always done so in a bipartisan manner. The Northeast corridor is not the proximately 70 intercity trains and 100 I am proud to be an original cospon- only area where Amtrak is making commuter trains in California. sor of this bill which helps our Nation progress. Pennsylvania’s Keystone line, Amtrak’s corridors in California are in many ways, not the least of which is operating between Harrisburg and also among the busiest in the Nation, relieving congestion on our over- Philadelphia, ranks fifth in ridership with more than 10 million Californians crowded transportation system. and revenue growth among all Amtrak boarding Amtrak during fiscal year We are facing a congestion crisis in services. Many of my constituents use 2006. this country today, and the problem is this line to travel between Harrisburg The Pacific Surfliner service from only getting worse. Congestion causes and Lancaster and on to Philadelphia San Diego through Los Angeles is the Americans to travel 4.2 billion hours and New York. second busiest corridor in the United longer and purchase an extra 2.9 billion The legislation we are considering States with over 2.5 million riders in gallons of gas each year, for a total here today also would create a new 2006. congestion cost of $78 billion. This is State Capital Grant Program for inter- The Capitol Corridor service between an increase from 2004 of 220 million city passenger rail capital projects. Sacramento and San Jose is the third hours, 140 million gallons of gas, and $5 The program would authorize the most traveled corridor in the country billion. The Texas Transportation In- awarding of grants to a State, or a with over 1 million riders in 2006. stitute calculates that the cost to the group of States, to pay for the capital Home to two of the Nation’s top five average traveler is $710 a year. costs of infrastructure, facilities, and most congested cities in the United Americans are not just facing conges- equipment necessary to provide new or States, my home State of California tion on our roads; we’re facing it in our improved intercity passenger rail. This understands the importance of viable skies and at our airports too. Across new program is particularly of interest travel alternatives. the country, flights are being delayed in Pennsylvania, as we continue to Passenger rail services have helped longer and longer, while passengers sit look at reinstituting routes, particu- ease highway congestion, reduce auto- in the terminal or are forced to sit on larly between Scranton and the New mobile emissions and improve the the tarmac. Airlines are overwhelmed York metropolitan area. State’s air quality. trying to balance the increased demand Finally, it is my hope that this new California is well ahead of the curve for air travel with the shrinking space investment will spur Amtrak to ad- on developing a transportation system in our skies. dress outstanding labor issues that that has low environmental impact yet Amtrak is a big part of the solution have simply gone on for too long. Am- meets the growing needs of the Cali- to this congestion crisis. Amtrak trak’s infrastructure upgrades should fornia economy. trains take cars off the roads and offer be coupled with investments in its But there is still much more work to passengers a faster, more comfortable workforce, and I, along with many of be done. alternative to air travel for short-dis- my colleagues in the Senate and the It is expected that California’s popu- tance trips. House, will continue to closely monitor lation will grow to more than 50 mil- Furthermore, the average Amtrak this situation in the coming weeks and lion people by 2030. train emits two-thirds less global months. California would need to build about warming pollution per passenger mile Thank you. I urge my colleagues to 3,000 additional lane-miles on intercity than cars and trucks and half the glob- support this important bill. highways and over 90 new gates and al warming pollution of airplanes. We Mrs. FEINSTEIN. Mr. President, I five new airport runways to serve the can already see the environmental ben- rise today in support of the Passenger expected population in 2030. efits of Amtrak service, despite cen- Rail Investment and Improvement Act The State of California and the Cali- turies-old tracks and aging equipment. of 2007. fornia High-Speed Rail Authority are This bill is critical because it will lay The bill before us today would au- working to develop a high-speed rail the groundwork for Amtrak to achieve thorize an increase in Federal funding system which would stretch from San its full potential.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.042 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13551 The technology behind trains con- munities are increasingly vocal about NAYS—22 tinues to improve and is more efficient. their demand for cheaper, cleaner Allard Craig Kyl With the right Federal investment, we transportation options. Intercity rail Barrasso DeMint McConnell can see energy-efficient, high-speed service is an integral component to Bond Ensign Sununu Brownback Enzi Thune trains moving passengers between cit- meeting these needs. The expansion of Bunning Graham Vitter ies cleaner and quicker than by car or Amtrak service is far more than refit- Burr Gregg Voinovich plane. ting rails and building new stations; it Chambliss Inhofe Coburn Isakson We are beginning to see these bene- is about economic development, reliev- fits in my home State, as the State of ing congestion on our roads, improving NOT VOTING—8 Illinois doubled its investment in pas- our environment, and making life easi- Biden Harkin Sessions senger rail last year. Thanks to that er for future generations. Clinton McCain Wyden Dodd Obama investment, Amtrak trains in Illinois I urge my colleagues to support this have seen phenomenal growth on the important legislation. The bill (S. 294), as amended, was trains from Chicago to St. Louis, Quin- passed, as follows: The PRESIDING OFFICER. Under cy, and Carbondale. This past year, the previous order, all time postcloture S. 294 those three routes saw the greatest in- is yielded back and the clerk will read Be it enacted by the Senate and House of Rep- crease in ridership of any line in the resentatives of the United States of America in the bill for the third time. Amtrak system. Congress assembled, The Chicago-Quincy routes—the Illi- The bill was ordered to be engrossed SECTION 1. SHORT TITLE. nois Zephyr and the Carl Sandburg— for a third reading and was read the This Act may be cited as the ‘‘Passenger have seen 41.4 percent growth in rider- third time. Rail Investment and Improvement Act of ship in the last year. The PRESIDING OFFICER. The bill 2007’’. The Chicago-St. Louis line—the Lin- having been read the third time, the SEC. 2. AMENDMENT OF TITLE 49, UNITED coln—saw a 55.8 percent increase in rid- question is, Shall the bill pass? STATES CODE. ership since we have expanded service. Except as otherwise specifically provided, Mr. LAUTENBERG. Mr. President, whenever in this Act an amendment is ex- The Chicago-Carbondale routes—the the yeas and nays have been ordered, I Illini and the Saluki—have seen an pressed in terms of an amendment to a sec- believe. They have not? tion or other provision of law, the reference outstanding boost of 67.4 percent. shall be considered to be made to a section These routes helped propel Amtrak I ask for the yeas and nays. The PRESIDING OFFICER. Is there a or other provision of title 49, United States to its fifth straight year of record rid- Code. sufficient second? ership and ticket revenue. SEC. 3. TABLE OF CONTENTS. The demand is only increasing, as There is a sufficient second. The table of contents for this Act is as fol- even more Illinois communities are The clerk will call the roll. lows: clamoring for passenger rail service. The assistant legislative clerk called Sec. 1. Short title. The Illinois Department of Transpor- the roll. Sec. 2. Amendment of title 49, United States tation and Amtrak have released a fea- Mr. DURBIN. I announce that the Code. sibility study demonstrating that pas- Sec. 3. Table of contents. Senator from Delaware (Mr. BIDEN), senger rail service from Chicago to the Senator from New York (Mrs. CLIN- TITLE I—AUTHORIZATIONS Rockford is very competitive with car TON), the Senator from Connecticut Sec. 101. Authorization for Amtrak capital travel, and we expect another feasi- and operating expenses and (Mr. DODD), the Senator from Iowa (Mr. bility study soon, which will show that State capital grants. HARKIN), the Senator from Illinois (Mr. the same is true for service from Chi- Sec. 102. Authorization for the Federal Rail- OBAMA), and the Senator from Oregon cago to the Quad Cities. road Administration. In States such as Illinois that invest (Mr. WYDEN) are necessarily absent. Sec. 103. Repayment of long-term debt and in passenger rail, we are seeing fewer I further announce that, if present capital leases. and voting, the Senator from Delaware Sec. 104. Excess railroad retirement. cars on the road and increased eco- Sec. 105. Other authorizations. nomic activity along the train lines. (Mr. BIDEN), and the Senator from Iowa (Mr. HARKIN) would each vote ‘‘yea.’’ TITLE II—AMTRAK REFORM AND The Passenger Rail Investment and Im- OPERATIONAL IMPROVEMENTS provement Act of 2007 recognizes theses Mr. LOTT. The following Senators benefits and rewards States that make are necessarily absent: the Senator Sec. 201. National railroad passenger trans- portation system defined. capital and operating investment in from Arizona (Mr. MCCAIN) and the Sec. 202. Amtrak Board of Directors. passenger rail. Senator from Alabama (Mr. SESSIONS). Sec. 203. Establishment of improved finan- I also thank the managers of this bill The PRESIDING OFFICER. Are there cial accounting system. for including the State Capital Grants any other Senators in the Chamber de- Sec. 204. Development of 5-year financial Program, which will give States real siring to vote? plan. incentives to invest in expanding pas- The result was announced—yeas 70, Sec. 205. Establishment of grant process. Sec. 206. State-supported routes. senger rail corridors. The Illinois nays 22, as follows: model proves that with the right in- Sec. 207. Independent auditor to establish [Rollcall Vote No. 400 Leg.] methodologies for Amtrak vestment, we can move Americans out route and service planning deci- YEAS—70 of traffic jams and into a cleaner, more sions. reliable mode of transportation. Akaka Feingold Murkowski Sec. 208. Metrics and standards. Today, we are considering Amtrak’s Alexander Feinstein Murray Sec. 209. Passenger train performance. Baucus Grassley Nelson (FL) authorization, an authorization that Bayh Hagel Sec. 210. Long distance routes. Nelson (NE) Sec. 210A. Report on service delays on cer- expired in 2002. We already have let too Bennett Hatch Pryor much time pass without capitalizing on Bingaman Hutchison Reed tain passenger rail routes. the huge demand for passenger rail Boxer Inouye Reid Sec. 211. Alternate passenger rail service Brown Johnson Roberts program. service. We must pass this bill now to Byrd Kennedy Rockefeller Sec. 212. Employee transition assistance. Cantwell Kerry pave the way for the restoration and Salazar Sec. 213. Northeast Corridor state-of-good- expansion of Amtrak. Cardin Klobuchar repair plan. Carper Kohl Sanders Amtrak’s success is despite the Casey Landrieu Schumer Sec. 214. Northeast Corridor infrastructure President’s repeated underfunding—or Cochran Lautenberg Shelby and operations improvements. nonfunding—of passenger rail in his Coleman Leahy Smith Sec. 215. Restructuring long-term debt and budgets. It is a testament to the Sen- Collins Levin Snowe capital leases. Conrad Lieberman Specter ate and to the Congress that we have Sec. 216. Study of compliance requirements Corker Lincoln Stabenow at existing intercity rail sta- repeatedly rejected attempts by the ad- Cornyn Lott Stevens tions. Crapo Lugar Tester ministration and others who oppose Sec. 217. Incentive pay. Dole Martinez Warner Amtrak. Domenici McCaskill Sec. 218. Access to Amtrak equipment and Now as we stand at a crossroads of Webb Dorgan Menendez Whitehouse services. rail service in the United States, com- Durbin Mikulski Sec. 219. General Amtrak provisions.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0655 E:\CR\FM\G30OC6.048 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13552 CONGRESSIONAL RECORD — SENATE October 30, 2007 Sec. 220. Private sector funding of passenger SEC. 103. REPAYMENT OF LONG-TERM DEBT AND TITLE II—AMTRAK REFORM AND trains. CAPITAL LEASES. OPERATIONAL IMPROVEMENTS Sec. 221. On-board service improvements. (a) AMTRAK PRINCIPAL AND INTEREST PAY- SEC. 201. NATIONAL RAILROAD PASSENGER Sec. 222. Amtrak management account- MENTS.— TRANSPORTATION SYSTEM DE- ability. (1) PRINCIPAL ON DEBT SERVICE.—There are FINED. Sec. 223. Locomotive biodiesel fuel use authorized to be appropriated to the Sec- (a) IN GENERAL.—Section 24102 is amend- study. retary of Transportation for the use of Am- ed— Sec. 224. Sense of the Senate regarding the trak for retirement of principal on loans for (1) by striking paragraph (2); need to maintain Amtrak as a capital equipment, or capital leases, not (2) by redesignating paragraphs (3), (4), and national passenger rail system. more than the following amounts: (5) as paragraphs (2), (3), and (4), respec- Sec. 225. Passenger rail study. (A) For fiscal year 2007, $153,900,000. tively; and TITLE III—INTERCITY PASSENGER RAIL (B) For fiscal year 2008, $153,400,000. (3) by inserting after paragraph (4) as so re- POLICY (C) For fiscal year 2009, $180,600,000. designated the following: Sec. 301. Capital assistance for intercity (D) For fiscal year 2010, $182,800,000. ‘‘(5) ‘national rail passenger transportation passenger rail service; State (E) For fiscal year 2011, $189,400,000. system’ means— rail plans. (F) For fiscal year 2012, $202,600,000. ‘‘(A) the segment of the Northeast Corridor Sec. 302. State rail plans. (2) INTEREST ON DEBT.—There are author- between Boston, Massachusetts and Wash- Sec. 303. Next generation corridor train ized to be appropriated to the Secretary of ington, DC; equipment pool. Transportation for the use of Amtrak for the ‘‘(B) rail corridors that have been des- Sec. 304. Federal rail policy. payment of interest on loans for capital ignated by the Secretary of Transportation Sec. 305. Rail cooperative research program. equipment, or capital leases, the following as high-speed corridors (other than corridors Sec. 306. Passenger rail system comparison amounts: described in subparagraph (A)), but only study. (A) For fiscal year 2007, $139,600,000. after they have been improved to permit op- (B) For fiscal year 2008, $131,300,000. eration of high-speed service; TITLE IV—MISCELLANEOUS (C) For fiscal year 2009, $121,700,000. ‘‘(C) long distance routes of more than 750 Sec. 401. Strategic plan on expanded cross- (D) For fiscal year 2010, $111,900,000. miles between endpoints operated by Amtrak border passenger rail service (E) For fiscal year 2011, $101,900,000. as of the date of enactment of the Passenger during the 2010 Olympic Games. (F) For fiscal year 2012, $90,200,000. Rail Investment and Improvement Act of TITLE I—AUTHORIZATIONS (3) EARLY BUYOUT OPTION.—There are au- 2007; and SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL thorized to be appropriated to the Secretary ‘‘(D) short-distance corridors, or routes of AND OPERATING EXPENSES AND of Transportation such sums as may be nec- not more than 750 miles between endpoints, STATE CAPITAL GRANTS. essary for the use of Amtrak for the pay- operated by— (a) OPERATING GRANTS.—There are author- ment of costs associated with early buyout ‘‘(i) Amtrak; or ized to be appropriated to the Secretary of options if the exercise of those options is de- ‘‘(ii) another rail carrier that receives Transportation for the use of Amtrak for op- termined to be advantageous to Amtrak. funds under chapter 244.’’. erating costs the following amounts: (4) LEGAL EFFECT OF PAYMENTS UNDER THIS (b) AMTRAK ROUTES WITH STATE FUNDING.— (1) For fiscal year 2007, $580,000,000. SECTION.—The payment of principal and in- (1) IN GENERAL.—Chapter 247 is amended by (2) For fiscal year 2008, $590,000,000. terest on secured debt, with the proceeds of inserting after section 24701 the following: (3) For fiscal year 2009, $600,000,000. grants authorized by this section shall not— ‘‘§ 24702. Transportation requested by States, (4) For fiscal year 2010, $575,000,000. (A) modify the extent or nature of any in- authorities, and other persons (5) For fiscal year 2011, $535,000,000. debtedness of the National Railroad Pas- ‘‘(a) CONTRACTS FOR TRANSPORTATION.— (6) For fiscal year 2012, $455,000,000. senger Corporation to the United States in Amtrak may enter into a contract with a (b) CAPITAL GRANTS.—There are authorized existence of the date of enactment of this State, a regional or local authority, or an- to be appropriated to the Secretary of Trans- Act; other person for Amtrak to operate an inter- portation for the use of Amtrak for capital (B) change the private nature of Amtrak’s city rail service or route not included in the projects (as defined in subparagraphs (A) and or its successors’ liabilities; or national rail passenger transportation sys- (B) of section 24401(2) of title 49, United (C) imply any Federal guarantee or com- tem upon such terms as the parties thereto States Code) to bring the Northeast Corridor mitment to amortize Amtrak’s outstanding may agree. (as defined in section 24102(a)) to a state-of- indebtedness. ‘‘(b) DISCONTINUANCE.—Upon termination good-repair, for capital expenses of the na- SEC. 104. EXCESS RAILROAD RETIREMENT. of a contract entered into under this section, tional railroad passenger transportation sys- or the cessation of financial support under There are authorized to be appropriated to tem, and for purposes of making capital such a contract by either party, Amtrak the Secretary of Transportation, beginning grants under section 24402 of that title to may discontinue such service or route, not- with fiscal year 2007, such sums as may be States, the following amounts: withstanding any other provision of law.’’. necessary to pay to the Railroad Retirement (1) For fiscal year 2007, $813,000,000. (2) CONFORMING AMENDMENT.—The chapter Account an amount equal to the amount (2) For fiscal year 2008, $910,000,000. analysis for chapter 247 is amended by in- Amtrak must pay under section 3221 of the (3) For fiscal year 2009, $1,071,000,000. serting after the item relating to section Internal Revenue Code of 1986 in such fiscal (4) For fiscal year 2010, $1,096,000,000. 24701 the following: years that is more than the amount needed (5) For fiscal year 2011, $1,191,000,000. for benefits for individuals who retire from ‘‘24702. Transportation requested by States, (6) For fiscal year 2012, $1,231,000,000. Amtrak and for their beneficiaries. For each authorities, and other per- (c) AMOUNTS FOR STATE GRANTS.—Out of fiscal year in which the Secretary makes sons.’’. the amounts authorized under subsection (b), such a payment, the amounts authorized by (c) AMTRAK TO CONTINUE TO PROVIDE NON- the following percentage shall be available section 101(a) shall be reduced by an amount HIGH-SPEED SERVICES.—Nothing in this Act each fiscal year for capital grants to States equal to such payment. is intended to preclude Amtrak from restor- under section 24402 of title 49, United States ing, improving, or developing non-high-speed SEC. 105. OTHER AUTHORIZATIONS. Code, to be administered by the Secretary of intercity passenger rail service. Transportation: There are authorized to be appropriated to (d) APPLICABILITY OF SECTION 24706.—Sec- (1) 3 percent for fiscal year 2007. the Secretary of Transportation— tion 24706 is amended by adding at the end (2) 11 percent for fiscal year 2008. (1) $5,000,000 for each of fiscal years 2007 the following: (3) 23 percent for fiscal year 2009. through 2012 to carry out the rail coopera- ‘‘(c) APPLICABILITY.—This section applies (4) 25 percent for fiscal year 2010. tive research program under section 24910 of to all service over routes provided by Am- (5) 31 percent for fiscal year 2011. title 49, United States Code; trak, notwithstanding any provision of sec- (6) 33 percent for fiscal year 2012. (2) $5,000,000 for fiscal year 2008, to remain tion 24701 of this title or any other provision (d) PROJECT MANAGEMENT OVERSIGHT.—The available until expended, for grants to Am- of this title except section 24702(b).’’. 1 Secretary may withhold up to ⁄2 of 1 percent trak and States participating in the Next (e) AMTRAK’S MISSION.— of amounts appropriated pursuant to sub- Generation Corridor Train Equipment Pool (1) Section 24101 is amended— section (b) for the costs of project manage- Committee established under section 303 of (A) by striking ‘‘purpose’’ in the section ment oversight of capital projects carried this Act for the purpose of designing, devel- heading and inserting ‘‘mission’’; out by Amtrak. oping specifications for, and initiating the (B) by striking subsection (b) and inserting SEC. 102. AUTHORIZATION FOR THE FEDERAL procurement of an initial order of 1 or more the following: RAILROAD ADMINISTRATION. types of standardized next-generation cor- ‘‘(b) MISSION.— There are authorized to be appropriated to ridor train equipment and establishing a ‘‘(1) IN GENERAL.—The mission of Amtrak the Secretary of Transportation for the use jointly-owned corporation to manage that is to provide efficient and effective intercity of the Federal Railroad Administration such equipment; and passenger rail mobility consisting of high sums as necessary to implement the provi- (3) $2,000,000 for fiscal year 2008, for the use quality service that is trip-time competitive sions required under this Act for fiscal years of Amtrak in conducting the evaluation re- with other intercity travel options and that 2007 through 2012. quired by section 216 of this Act. is consistent with the goals of subsection (d).

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‘‘(2) PERFORMANCE MEASUREMENT.—All ‘‘(d) QUORUM.—A majority of the members (1) the first day of each fiscal year begin- measurements of Amtrak performance, in- serving shall constitute a quorum for doing ning after the date of enactment of this Act; cluding decisions on whether, and to what business. or extent, to provide operating subsidies, shall ‘‘(e) BYLAWS.—The Board may adopt and (2) the date that is 60 days after the date of be based on Amtrak’s ability to carry out amend bylaws governing the operation of enactment of an appropriation Act for the the mission described in paragraph (1).’’; and Amtrak. The bylaws shall be consistent with fiscal year, if later. (C) by redesignating paragraphs (9) this part and the articles of incorporation.’’. (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.— through (11) in subsection (c) as paragraphs (b) EFFECTIVE DATE FOR DIRECTORS’ PROVI- (10) through (12), respectively, and inserting SION.—The amendment made by subsection The 5-year financial plan for Amtrak shall after paragraph (8) the following: (a) shall take effect on October 1, 2007. The include, at a minimum— ‘‘(9) provide redundant or complimentary members of the Amtrak Board serving on the (1) all projected revenues and expenditures intercity transportation service to ensure date of enactment of this Act may continue for Amtrak, including governmental funding mobility in times of national disaster or to serve for the remainder of the term to sources; other instances where other travel options which they were appointed. (2) projected ridership levels for all Am- are not adequately available;’’. SEC. 203. ESTABLISHMENT OF IMPROVED FINAN- trak passenger operations; (2) CONFORMING AMENDMENT.—The chapter CIAL ACCOUNTING SYSTEM. (3) revenue and expenditure forecasts for analysis for chapter 241 is amended by strik- (a) IN GENERAL.—The Amtrak Board of Di- non-passenger operations; ing the item relating to section 24101 and in- rectors— (4) capital funding requirements and ex- serting the following: (1) may employ an independent financial penditures necessary to maintain passenger ‘‘24101. Findings, mission, and goals’’. consultant with experience in railroad ac- service which will accommodate predicted SEC. 202. AMTRAK BOARD OF DIRECTORS. counting to assist Amtrak in improving Am- ridership levels and predicted sources of cap- (a) IN GENERAL.—Section 24302 is amended trak’s financial accounting and reporting ital funding; to read as follows: system and practices; (5) operational funding needs, if any, to (2) shall implement a modern financial ac- ‘‘§ 24302. Board of directors maintain current and projected levels of pas- counting and reporting system; and ‘‘(a) COMPOSITION AND TERMS.— senger service, including state-supported (3) shall, not later than 90 days after the ‘‘(1) The Board of Directors of Amtrak is routes and predicted funding sources; end of each fiscal year through fiscal year composed of the following 10 directors, each (6) projected capital and operating require- 2012— of whom must be a citizen of the United ments, ridership, and revenue for any new (A) submit to Congress a comprehensive re- States: passenger service operations or service ex- port that allocates all of Amtrak’s revenues ‘‘(A) The Secretary of Transportation. pansions; and costs to each of its routes, each of its ‘‘(B) The President of Amtrak, who shall (7) an assessment of the continuing finan- lines of business, and each major activity serve ex officio, as a non-voting member. cial stability of Amtrak, as indicated by fac- within each route and line of business activ- ‘‘(C) 8 individuals appointed by the Presi- tors such as the ability of the Federal gov- dent of the United States, by and with the ity, including— ernment to fund capital and operating re- advice and consent of the Senate, with gen- (i) train operations; quirements adequately, Amtrak’s ability to eral business and financial experience, expe- (ii) equipment maintenance; efficiently manage its workforce, and Am- rience or qualifications in transportation, (iii) food service; trak’s ability to effectively provide pas- freight and passenger rail transportation, (iv) sleeping cars; senger train service; (v) ticketing; and travel, hospitality, cruise line, and passenger (8) estimates of long-term and short-term (vi) reservations; air transportation businesses, or representa- debt and associated principal and interest (B) include the report described in subpara- tives of employees or users of passenger rail payments (both current and anticipated); graph (A) in Amtrak’s annual report; and transportation or a State government. (9) annual cash flow forecasts; (C) post such report on Amtrak’s website. ‘‘(2) In selecting individuals described in (10) a statement describing methods of es- paragraph (1) for nominations for appoint- (b) VERIFICATION OF SYSTEM; REPORT.—The Inspector General of the Department of timation and significant assumptions; ments to the Board, the President shall con- Transportation shall review the accounting (11) specific measures that demonstrate sult with the Speaker of the House of Rep- system designed and implemented under sub- measurable improvement year over year in resentatives, the minority leader of the section (a) to ensure that it accomplishes the Amtrak’s ability to operate with reduced House of Representatives, the majority lead- purposes for which it is intended. The Inspec- Federal operating assistance; er of the Senate, and the minority leader of tor General shall report his findings and con- (12) prior fiscal year and projected oper- the Senate and try to provide adequate and clusions, together with any recommenda- ating ratio, cash operating loss, and cash op- balanced representation of the major geo- tions, to the Senate Committee on Com- erating loss per passenger on a route, busi- graphic regions of the United States served merce, Science, and Transportation and the ness line, and corporate basis; by Amtrak. House of Representatives Committee on (13) prior fiscal year and projected specific ‘‘(3) An individual appointed under para- Transportation and Infrastructure. costs and savings estimates resulting from graph (1)(C) of this subsection serves for 5 (c) CATEGORIZATION OF REVENUES AND EX- reform initiatives; years or until the individual’s successor is PENSES.— (14) prior fiscal year and projected labor appointed and qualified. Not more than 5 in- (1) IN GENERAL.—In carrying out subsection productivity statistics on a route, business dividuals appointed under paragraph (1)(C) (a), the Amtrak Board of Directors shall sep- line, and corporate basis; may be members of the same political party. arately categorize routes, assigned revenues, (15) prior fiscal year and projected equip- ‘‘(4) The Board shall elect a chairman and and attributable expenses by type of service, ment reliability statistics; and a vice chairman from among its membership. including long distance routes, State-spon- (16) capital and operating expenditure for The vice chairman shall serve as chairman in sored routes, commuter contract routes, and anticipated security needs. the absence of the chairman. Northeast Corridor routes. ‘‘(5) The Secretary may be represented at (c) STANDARDS TO PROMOTE FINANCIAL STA- (2) NORTHEAST CORRIDOR.—Amtrak reve- board meetings by the Secretary’s designee. BILITY.—In meeting the requirements of sub- nues generated by freight and commuter section (b), Amtrak shall— ‘‘(6) The voting privileges of the President railroads operating on the Northeast Cor- can be changed by a unanimous decision of (1) apply sound budgetary practices, in- ridor shall be separately listed to include the cluding reducing costs and other expendi- the Board. charges per car mile assessed by Amtrak to ‘‘(b) PAY AND EXPENSES.—Each director not tures, improving productivity, increasing other freight and commuter railroad enti- employed by the United States Government revenues, or combinations of such practices; is entitled to $300 a day when performing ties. (2) use the categories specified in the fi- Board duties. Each Director is entitled to re- (3) FIXED OVERHEAD EXPENSES.—Fixed over- nancial accounting and reporting system de- imbursement for necessary travel, reason- head expenses that are not directly assigned veloped under section 203 when preparing its able secretarial and professional staff sup- or attributed to any route (or group of 5-year financial plan; and port, and subsistence expenses incurred in routes) shall be listed separately by line (3) ensure that the plan is consistent with attending Board meetings. item and expense category. the authorizations of appropriations under ‘‘(c) VACANCIES.—A vacancy on the Board SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL title I of this Act. is filled in the same way as the original se- PLAN. lection, except that an individual appointed (a) DEVELOPMENT OF 5-YEAR FINANCIAL (d) ASSESSMENT BY DOT INSPECTOR GEN- by the President of the United States under PLAN.—The Amtrak Board of Directors shall ERAL.— subsection (a)(1)(C) of this section to fill a submit an annual budget and business plan (1) IN GENERAL.—The Inspector General of vacancy occurring before the end of the term for Amtrak, and a 5-year financial plan for the Department of Transportation shall as- for which the predecessor of that individual the fiscal year to which that budget and sess the 5-year financial plans prepared by was appointed is appointed for the remainder business plan relate and the subsequent 4 Amtrak under this section to determine of that term. A vacancy required to be filled years, prepared in accordance with this sec- whether they meet the requirements of sub- by appointment under subsection (a)(1)(C) tion, to the Secretary of Transportation and section (b), and may suggest revisions to any must be filled not later than 120 days after the Inspector General of the Department of components thereof that do not meet those the vacancy occurs. Transportation no later than— requirements.

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(2) ASSESSMENT TO BE FURNISHED TO THE implement a single, Nationwide standardized shall transmit a report to the Senate Com- CONGRESS.—The Inspector General shall fur- methodology for establishing and allocating mittee on Commerce, Science, and Transpor- nish to the House of Representatives Com- the operating and capital costs among the tation and the House of Representatives mittee on Appropriations, the Senate Com- States and Amtrak associated with trains Committee on Transportation and Infra- mittee on Appropriations, the House of Rep- operated on routes described in section structure explaining its action in adopting resentatives Committee on Transportation 24102(5)(B) or (D) or section 24702 that— or failing to adopt any of the recommenda- and Infrastructure, and the Senate Com- (1) ensures, within 5 years after the date of tions. mittee on Commerce, Science, and Transpor- enactment of this Act, equal treatment in (d) AUTHORIZATION OF APPROPRIATIONS.— tation— the provision of like services of all States There are authorized to be made available to (A) an assessment of the annual budget and groups of States (including the District the Secretary of Transportation, out of any within 90 days after receiving it from Am- of Columbia); and amounts authorized by this Act to be appro- trak; and (2) allocates to each route the costs in- priated for the benefit of Amtrak and not (B) an assessment of the remaining 4 years curred only for the benefit of that route and otherwise obligated or expended, such sums of the 5-year financial plan within 180 days a proportionate share, based upon factors as may be necessary to carry out this sec- after receiving it from Amtrak. that reasonably reflect relative use, of costs tion. (e) PIONEER ROUTE.—Not later than 1 year incurred for the common benefit of more SEC. 205. ESTABLISHMENT OF GRANT PROCESS. after the date of the enactment of this Act, than 1 route. (a) GRANT REQUESTS.—Amtrak shall sub- Amtrak shall conduct a 1-time evaluation of (b) REVIEW.—If Amtrak and the States (in- mit grant requests (including a schedule for passenger rail service between Seattle and cluding the District of Columbia) in which the disbursement of funds), consistent with Chicago (commonly known as the ‘‘Pioneer Amtrak operates such routes do not volun- the requirements of this Act, to the Sec- Route’’), which was operated by Amtrak tarily adopt and implement the methodology retary of Transportation for funds author- until 1997, using methodologies adopted ized to be appropriated to the Secretary for developed under subsection (a) in allocating under subsection (c), to determine whether the use of Amtrak under sections 101(a) and costs and determining compensation for the to reinstate passenger rail service along the (b), 103, and 105. provision of service in accordance with the Pioneer Route or along segments of such (b) PROCEDURES FOR GRANT REQUESTS.— date established therein, the Surface Trans- route. The Secretary shall establish substantive portation Board shall determine the appro- (f) NORTH COAST HIAWATHA ROUTE.—Not and procedural requirements, including priate methodology required under sub- later than 1 year after the date of enactment schedules, for grant requests under this sec- section (a) for such services in accordance of this Act, Amtrak shall conduct a 1-time tion not later than 30 days after the date of with the procedures and procedural schedule evaluation of passenger rail service between enactment of this Act and shall transmit applicable to a proceeding under section Chicago and Seattle, through Southern Mon- copies to the Senate Committee on Com- 24904(c) of title 49, United States Code, and tana (commonly known as the ‘‘North Coast merce, Science, and Transportation and the require the full implementation of this Hiawatha Route’’), which was operated by House of Representatives Committee on methodology with regards to the provision of Amtrak until 1979, using methodologies Transportation and Infrastructure. As part such service within 1 year after the Board’s adopted under subsection (c), to determine of those requirements, the Secretary shall determination of the appropriate method- whether to reinstate passenger rail service require, at a minimum, that Amtrak deposit ology. along the North Coast Hiawatha Route or grant funds, consistent with the appro- (c) USE OF CHAPTER 244 FUNDS.—Funds pro- along segments of such route, provided that priated amounts for each area of expenditure vided to a State under chapter 244 of title 49, such service will not negatively impact ex- in a given fiscal year, in the following 3 ac- United States Code, may be used, as provided isting Amtrak routes. counts: in that chapter, to pay capital costs deter- SEC. 208. METRICS AND STANDARDS. (1) The Amtrak Operating account. mined in accordance with this section. (a) IN GENERAL.—Within 180 days after the (2) The Amtrak General Capital account. SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH date of enactment of this Act, the Adminis- (3) The Northeast Corridor Improvement METHODOLOGIES FOR AMTRAK trator of the Federal Railroad Administra- funds account. ROUTE AND SERVICE PLANNING DE- tion and Amtrak shall jointly, in consulta- CISIONS. tion with the Surface Transportation Board, Amtrak may not transfer such funds to an- (a) METHODOLOGY DEVELOPMENT.—The Fed- rail carriers over whose rail lines Amtrak other account or expend such funds for any eral Railroad Administration shall obtain trains operate, States, Amtrak employees, purpose other than the purposes covered by the services of an independent auditor or and groups representing Amtrak passengers, the account in which the funds are deposited consultant to develop and recommend objec- as appropriate, develop new or improve ex- without approval by the Secretary. tive methodologies for determining intercity isting metrics and minimum standards for (c) REVIEW AND APPROVAL.— passenger routes and services, including the measuring the performance and service qual- (1) 30-DAY APPROVAL PROCESS.—The Sec- establishment of new routes, the elimination retary shall complete the review of a com- ity of intercity passenger train operations, of existing routes, and the contraction or ex- including cost recovery, on-time perform- plete grant request (including the disburse- pansion of services or frequencies over such ment schedule) and approve or disapprove ance and minutes of delay, ridership, on- routes. In developing such methodologies, board services, stations, facilities, equip- the request within 30 days after the date on the auditor or consultant shall consider— which Amtrak submits the grant request. If ment, and other services. Such metrics, at a (1) the current or expected performance minimum, shall include the percentage of the Secretary disapproves the request or de- and service quality of intercity passenger termines that the request is incomplete or avoidable and fully allocated operating costs train operations, including cost recovery, on- covered by passenger revenues on each route, deficient, the Secretary shall include the time performance and minutes of delay, rid- reason for disapproval or the incomplete ridership per train mile operated, measures ership, on-board services, stations, facilities, of on-time performance and delays incurred items or deficiencies in the notice to Am- equipment, and other services; trak. by intercity passenger trains on the rail (2) connectivity of a route with other lines of each rail carrier and, for long dis- (2) 15-DAY MODIFICATION PERIOD.—Within 15 routes; tance routes, measures of connectivity with days after receiving notification from the (3) the transportation needs of commu- Secretary under the preceding sentence, Am- other routes in all regions currently receiv- nities and populations that are not well ing Amtrak service and the transportation trak shall submit a modified request for the served by intercity passenger rail service or Secretary’s review. needs of communities and populations that by other forms of public transportation; are not well-served by other forms of public (3) REVISED REQUESTS.—Within 15 days (4) Amtrak’s and other major intercity transportation. Amtrak shall provide reason- after receiving a modified request from Am- passenger rail service providers in other able access to the Federal Railroad Adminis- trak, the Secretary shall either approve the countries’ methodologies for determining tration in order to enable the Administra- modified request, or, if the Secretary finds intercity passenger rail routes and services; tion to carry out its duty under this section. that the request is still incomplete or defi- and (b) QUARTERLY REPORTS.—The Adminis- cient, the Secretary shall identify in writing (5) the views of the States and other inter- trator of the Federal Railroad Administra- to the Senate Committee on Commerce, ested parties. tion shall collect the necessary data and Science, and Transportation and the House (b) SUBMITTAL TO CONGRESS.—The auditor publish a quarterly report on the perform- of Representatives Committee on Transpor- or consultant shall submit recommendations ance and service quality of intercity pas- tation and Infrastructure the remaining defi- developed under subsection (a) to Amtrak, senger train operations, including Amtrak’s ciencies and recommend a process for resolv- the House of Representatives Committee on cost recovery, ridership, on-time perform- ing the outstanding portions of the request. Transportation and Infrastructure, and the ance and minutes of delay, causes of delay, SEC. 206. STATE-SUPPORTED ROUTES. Senate Committee on Commerce, Science, on-board services, stations, facilities, equip- (a) IN GENERAL.—Within 2 years after the and Transportation. ment, and other services. date of enactment of this Act, the Board of (c) CONSIDERATION OF RECOMMENDATIONS.— (c) CONTRACT WITH HOST RAIL CARRIERS.— Directors of Amtrak, in consultation with Within 90 days after receiving the rec- To the extent practicable, Amtrak and its the Secretary of Transportation and the gov- ommendations developed under subsection host rail carriers shall incorporate the ernors of each relevant State and the Mayor (a) by the independent auditor or consultant, metrics and standards developed under sub- of the District of Columbia or groups rep- the Amtrak Board shall consider the adop- section (a) into their access and service resenting those officials, shall develop and tion of those recommendations. The Board agreements.

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(d) ARBITRATION.—If the development of Code, or otherwise requests or requires the ‘‘(2) beginning in fiscal year 2009 for those the metrics and standards is not completed Board’s services pursuant to this Act. The routes identified as being in the second best within the 180-day period required by sub- Board shall establish such fees at levels that performing third under subsection (a)(2); and section (a), any party involved in the devel- will fully or partially, as the Board deter- ‘‘(3) beginning in fiscal year 2010 for those opment of those standards may petition the mines to be appropriate, offset the costs of routes identified as being in the best per- Surface Transportation Board to appoint an adjudicating complaints under that section forming third under subsection (a)(2). arbitrator to assist the parties in resolving and other requests or requirements for Board ‘‘(d) ENFORCEMENT.—The Federal Railroad their disputes through binding arbitration. action under this Act. The Board may waive Administration shall monitor the develop- SEC. 209. PASSENGER TRAIN PERFORMANCE. any fee established under this subsection for ment, implementation, and outcome of im- (a) IN GENERAL.—Section 24308 is amended any governmental entity as determined ap- provement plans under this section. If, for by adding at the end the following: propriate by the Board. any year, it determines that Amtrak is not ‘‘(f) PASSENGER TRAIN PERFORMANCE AND (c) AUTHORIZATION OF ADDITIONAL STAFF.— making reasonable progress in implementing OTHER STANDARDS.— The Surface Transportation Board may in- its performance improvement plan or in ‘‘(1) INVESTIGATION OF SUBSTANDARD PER- crease the number of Board employees by up achieving the expected outcome of the plan FORMANCE.—If the on-time performance of to 15 for the 5 fiscal year period beginning for any calendar year, the Federal Railroad any intercity passenger train averages less with fiscal year 2008 to carry out its respon- Administration— than 80 percent for any 2 consecutive cal- sibilities under section 24308 of title 49, ‘‘(1) shall notify Amtrak, the Inspector endar quarters, or the service quality of United States Code, and this Act. General of the Department of Transpor- intercity passenger train operations for (d) CHANGE OF REFERENCE.—Section 24308 is tation, and appropriate Congressional com- which minimum standards are established amended— mittees of its determination under this sub- under section 208 of the Passenger Rail In- (1) by striking ‘‘Interstate Commerce Com- section; vestment and Improvement Act of 2007 fails mission’’ in subsection (a)(2)(A) and insert- ‘‘(2) shall provide an opportunity for a to meet those standards for 2 consecutive ing ‘‘Surface Transportation Board’’; hearing with respect to that determination; calendar quarters, the Surface Transpor- (2) by striking ‘‘Commission’’ each place it and tation Board may initiate an investigation, appears and inserting ‘‘Board’’; ‘‘(3) may withhold any appropriated funds or upon the filing of a complaint by Amtrak, (3) by striking ‘‘Secretary of Transpor- otherwise available to Amtrak for the oper- an intercity passenger rail operator, a host tation’’ in subsection (c) and inserting ation of a route or routes on which it is not freight railroad over which Amtrak operates, ‘‘Board’’; and making progress, other than funds made or an entity for which Amtrak operates (4) by striking ‘‘Secretary’’ the last 3 available for passenger safety or security intercity passenger rail service, the Board places it appears in subsection (c) and each measures.’’. shall initiate an investigation to determine place it appears in subsections (d) and (e) and (b) CONFORMING AMENDMENT.—The chapter whether, and to what extent, delays or fail- inserting ‘‘Board’’. analysis for chapter 247 is amended by in- ure to achieve minimum standards are due serting after the item relating to section SEC. 210. LONG DISTANCE ROUTES. 24709 the following: to causes that could reasonably be addressed (a) IN GENERAL.—Chapter 247 is amended ‘‘24710. Long distance routes.’’. by a rail carrier over tracks of which the by adding at the end thereof the following: intercity passenger train operates or reason- SEC. 210A. REPORT ON SERVICE DELAYS ON CER- ably addressed by Amtrak or other intercity ‘‘§ 24710. Long distance routes TAIN PASSENGER RAIL ROUTES. passenger rail operator. As part of its inves- ‘‘(a) ANNUAL EVALUATION.—Using the fi- Not later than 6 months after the date of tigation, the Board has authority to review nancial and performance metrics developed the enactment of this Act, the Inspector the accuracy of the train performance data. under section 208 of the Passenger Rail In- General of the Department of Transportation In making its determination or carrying out vestment and Improvement Act of 2007, Am- shall submit to Congress a report that— such an investigation, the Board shall obtain trak shall— (1) describes service delays and the sources information from all parties involved and ‘‘(1) evaluate annually the financial and of such delays on— identify reasonable measures and make rec- operating performance of each long distance (A) the Amtrak passenger rail route be- ommendations to improve the service, qual- passenger rail route operated by Amtrak; tween Seattle, Washington, and Los Angeles, ity, and on-time performance of the train. and California (commonly known as the ‘‘Coast ‘‘(2) PROBLEMS CAUSED BY HOST RAIL CAR- ‘‘(2) rank the overall performance of such Starlight’’); and RIER.—If the Board determines that delays or routes for 2006 and identify each long dis- (B) the Amtrak passenger rail route be- failures to achieve minimum standards in- tance passenger rail route operated by Am- tween Vancouver, British Columbia, Canada, vestigated under paragraph (1) are attrib- trak in 2006 according to its overall perform- and Eugene, Oregon (commonly known as utable to a rail carrier’s failure to provide ance as belonging to the best performing ‘‘Amtrak Cascades’’); and preference to Amtrak over freight transpor- third of such routes, the second best per- (2) contains recommendations for improv- tation as required under subsection (c), the forming third of such routes, or the worst ing the on-time performance of such routes. Board may award damages against the host performing third of such routes. SEC. 211. ALTERNATE PASSENGER RAIL SERVICE rail carrier, including prescribing such other ‘‘(b) PERFORMANCE IMPROVEMENT PLAN.— PROGRAM. relief to Amtrak as it determines to be rea- Amtrak shall develop and publish a perform- (a) IN GENERAL.—Chapter 247, as amended sonable and appropriate pursuant to para- ance improvement plan for its long distance by section 209, is amended by adding at the graph (3) of this subsection. passenger rail routes to achieve financial end thereof the following: ‘‘(3) DAMAGES AND RELIEF.—In awarding and operating improvements based on the ‘‘§ 24711. Alternate passenger rail service pro- damages and prescribing other relief under data collected through the application of the gram this subsection the Board shall consider such financial and performance metrics developed ‘‘(a) IN GENERAL.—Within 1 year after the factors as— under section 208 of that Act. The plan shall date of enactment of the Passenger Rail In- ‘‘(A) the extent to which Amtrak suffers fi- address— vestment and Improvement Act of 2007, the nancial loss as a result of host rail carrier ‘‘(1) on-time performance; Federal Railroad Administration shall ini- delays or failure to achieve minimum stand- ‘‘(2) scheduling, frequency, routes, and tiate a rulemaking proceeding to develop a ards; and stops; program under which— ‘‘(B) what reasonable measures would ade- ‘‘(3) the feasibility of restructuring service ‘‘(1) a rail carrier or rail carriers that own quately deter future actions which may rea- into connected corridor service; infrastructure over which Amtrak operates a sonably be expected to be likely to result in ‘‘(4) performance-related equipment passenger rail service route described in sub- delays to Amtrak on the route involved. changes and capital improvements; paragraph (B), (C), or (D) of section 24102(5) ‘‘(4) USE OF DAMAGES.—The Board shall, as ‘‘(5) on-board amenities and service, in- or in section 24702 of title 49, United States it deems appropriate, order the host rail car- cluding food, first class, and sleeping car Code, or any entity operating as a rail car- rier to remit the damages awarded under service; rier that has negotiated a contingent agree- this subsection to Amtrak or to an entity for ‘‘(6) State or other non-Federal financial ment to lease necessary rights-of-way from a which Amtrak operates intercity passenger contributions; rail carrier or rail carriers that own the in- rail service. Such damages shall be used for ‘‘(7) improving financial performance; and frastructure on which Amtrak operates such capital or operating expenditures on the ‘‘(8) other aspects of Amtrak’s long dis- routes, may petition the Federal Railroad routes over which delays or failures to tance passenger rail routes that affect the fi- Administration to be considered as a pas- achieve minimum standards were the result nancial, competitive, and functional per- senger rail service provider over that route of a rail carrier’s failure to provide pref- formance of service on Amtrak’s long dis- in lieu of Amtrak; erence to Amtrak over freight transpor- tance passenger rail routes. ‘‘(2) the Administration would notify Am- tation as determined in accordance with ‘‘(c) IMPLEMENTATION.—Amtrak shall im- trak within 30 days after receiving a petition paragraph (2).’’. plement the performance improvement plan under paragraph (1) and establish a deadline (b) FEES.—The Surface Transportation developed under subsection (b)— by which both the petitioner and Amtrak Board may establish and collect filing fees ‘‘(1) beginning in fiscal year 2008 for those would be required to submit a bid to provide from any entity that files a complaint under routes identified as being in the worst per- passenger rail service over the route to section 24308(f)(1) of title 49, United States forming third under subsection (a)(2); which the petition relates;

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13556 CONGRESSIONAL RECORD — SENATE October 30, 2007 ‘‘(3) each bid would describe how the bidder form and Accountability Act of 1997 relating cessation of Amtrak service resulting from would operate the route, what Amtrak pas- to employees that provide food and beverage the awarding of a grant to an operator other senger equipment would be needed, if any, service; and than Amtrak for the operation of a route what sources of non-Federal funding the bid- ‘‘(4) the winning bidder shall provide pref- under section 24711 of title 49, United States der would use, including any State subsidy, erence in hiring to qualified Amtrak employ- Code, or any other route, previously oper- among other things; ees displaced by the award of the bid, con- ated by Amtrak do not receive financial in- ‘‘(4) the Administration would make a de- sistent with the staffing plan submitted by centives under subsection (a), then the Sec- cision and execute a contract within a speci- the bidder. retary shall make grants to the National fied, limited time after that deadline award- ‘‘(d) CESSATION OF SERVICE.—If a rail car- Railroad Passenger Corporation from funds ing to the winning bidder— rier or rail carriers awarded a route under authorized by section 102 of this Act for ter- ‘‘(A) the right and obligation to provide this section cease to operate the service or mination-related payments to employees passenger rail service over that route subject fail to fulfill their obligations under the con- under existing contractual agreements. to such performance standards as the Admin- tract required under subsection (c), the Ad- SEC. 213. NORTHEAST CORRIDOR STATE-OF- istration may require, consistent with the ministrator, in collaboration with the Sur- GOOD-REPAIR PLAN. standards developed under section 208 of this face Transportation Board shall take any (a) IN GENERAL.—Within 6 months after the Act; and necessary action consistent with this title to date of enactment of this Act, the National ‘‘(B) an operating subsidy— enforce the contract and ensure the contin- Railroad Passenger Corporation, in consulta- ‘‘(i) for the first year at a level not in ex- ued provision of service, including the in- tion with the Secretary and the States (in- cess of the level in effect during the fiscal stallment of an interim service provider and cluding the District of Columbia) that make year preceding the fiscal year in which the re-bidding the contract to operate the serv- up the Northeast Corridor (as defined in sec- petition was received, adjusted for inflation; ice. The entity providing service shall either tion 24102 of title 49, United States Code), ‘‘(ii) for any subsequent years at such be Amtrak or a rail carrier defined in section shall prepare a capital spending plan for cap- level, adjusted for inflation; and 24711(a)(1). ital projects required to return the railroad ‘‘(5) each bid would contain a staffing plan ‘‘(e) ADEQUATE RESOURCES.—Before taking right-of-way (including track, signals, and describing the number of employees needed any action allowed under this section, the auxiliary structures), facilities, stations, and to operate the service, the job assignments Secretary shall certify that the Adminis- equipment, of the Northeast Corridor to a and requirements, and the terms of work for trator has sufficient resources that are ade- state of good repair by the end of fiscal year prospective and current employees of the quate to undertake the program established 2012, consistent with the funding levels au- bidder for the service outlined in the bid, and under this section.’’. thorized in this Act and shall submit the such staffing plan would be made available (b) CONFORMING AMENDMENT.—The chapter plan to the Secretary. by the winning bidder to the public after the analysis for chapter 247, as amended by sec- (b) APPROVAL BY THE SECRETARY.— bid award. tion 209, is amended by inserting after the (1) The Corporation shall submit the cap- ‘‘(b) IMPLEMENTATION.— item relating to section 24710 the following: ital spending plan prepared under this sec- ‘‘(1) INITIAL PETITIONS.—Pursuant to any tion to the Secretary of Transportation for rules or regulations promulgated under sub- ‘‘24711. Alternate passenger rail service pro- review and approval pursuant to the proce- section (A), the Administration shall estab- gram.’’. dures developed under section 205 of this Act. lish a deadline for the submission of a peti- SEC. 212. EMPLOYEE TRANSITION ASSISTANCE. (2) The Secretary of Transportation shall tion under subsection (a)— (a) PROVISION OF FINANCIAL INCENTIVES.— require that the plan be updated at least an- ‘‘(A) during fiscal year 2008 for operations For Amtrak employees who are adversely af- nually and shall review and approve such up- commencing in fiscal year 2009; and fected by the cessation of the operation of a dates. During review, the Secretary shall ‘‘(B) during the immediately preceding fis- long distance route or any other route under seek comments and review from the commis- cal year for operations commencing in subse- section 24711 of title 49, United States Code, sion established under section 24905 of title quent fiscal years. previously operated by Amtrak, the Sec- 49, United States Code, and other Northeast ‘‘(2) ROUTE LIMITATIONS.—The Administra- retary shall develop a program under which Corridor users regarding the plan. tion may not make the program available the Secretary may, in the Secretary’s discre- (3) The Secretary shall make grants to the with respect to more than 1 Amtrak pas- tion, provide grants for financial incentives Corporation with funds authorized by section senger rail route for operations beginning in to be provided to employees of the National 101(b) for Northeast Corridor capital invest- fiscal year 2009 nor to more than 2 such Railroad Passenger Corporation who volun- ments contained within the capital spending routes for operations beginning in fiscal year tarily terminate their employment with the plan prepared by the Corporation and ap- 2011 and subsequent fiscal years. Corporation and relinquish any legal rights proved by the Secretary. ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO to receive termination-related payments (4) Using the funds authorized by section FACILITIES; EMPLOYEES.—If the Administra- under any contractual agreement with the tion awards the right and obligation to pro- Corporation. 101(d), the Secretary shall review Amtrak’s vide passenger rail service over a route under (b) CONDITIONS FOR FINANCIAL INCEN- capital expenditures funded by this section the program to a rail carrier or rail car- TIVES.—As a condition for receiving financial to ensure that such expenditures are con- riers— assistance grants under this section, the Cor- sistent with the capital spending plan and ‘‘(1) it shall execute a contract with the poration must certify that— that Amtrak is providing adequate project rail carrier or rail carriers for rail passenger (1) a reasonable attempt was made to reas- management oversight and fiscal controls. operations on that route that conditions the sign an employee adversely affected under (c) ELIGIBILITY OF EXPENDITURES.—The operating and subsidy rights upon— section 24711 of title 49, United States Code, Federal share of expenditures for capital im- ‘‘(A) the service provider continuing to or by the elimination of any route, to other provements under this section may not ex- provide passenger rail service on the route positions within the Corporation in accord- ceed 100 percent. that is no less frequent, nor over a shorter ance with any contractual agreements; SEC. 214. NORTHEAST CORRIDOR INFRASTRUC- distance, than Amtrak provided on that (2) the financial assistance results in a net TURE AND OPERATIONS IMPROVE- MENTS. route before the award; and reduction in the total number of employees (a) IN GENERAL.—Section 24905 is amended ‘‘(B) the service provider’s compliance with equal to the number receiving financial in- to read as follows: the minimum standards established under centives; section 208 of the Passenger Rail Investment (3) the financial assistance results in a net ‘‘§ 24905. Northeast Corridor Infrastructure and Improvement Act of 2007 and such addi- reduction in total employment expense and Operations Advisory Commission; Safe- tional performance standards as the Admin- equivalent to the total employment expenses ty and Security Committee istration may establish; associated with the employees receiving fi- ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE ‘‘(2) it shall, if the award is made to a rail nancial incentives; and AND OPERATIONS ADVISORY COMMISSION.— carrier other than Amtrak, require Amtrak (4) the total number of employees eligible ‘‘(1) Within 180 days after the date of en- to provide access to its reservation system, for termination-related payments will not be actment of the Passenger Rail Investment stations, and facilities to any rail carrier or increased without the express written con- and Improvement Act of 2007, the Secretary rail carriers awarded a contract under this sent of the Secretary. of Transportation shall establish a Northeast section, in accordance with section 218 of (c) AMOUNT OF FINANCIAL INCENTIVES.—The Corridor Infrastructure and Operations Advi- that Act, necessary to carry out the purposes financial incentives authorized under this sory Commission (hereinafter referred to in of this section; section may be no greater than $50,000 per this section as the ‘Commission’) to promote ‘‘(3) the employees of any person used by a employee. mutual cooperation and planning pertaining rail carrier or rail carriers (as defined in sec- (d) AUTHORIZATION OF APPROPRIATIONS.— to the rail operations and related activities tion 10102(5) of this title) in the operation of There are hereby authorized to be appro- of the Northeast Corridor. The Commission a route under this section shall be considered priated to the Secretary such sums as may shall be made up of— an employee of that carrier or carriers and be necessary to make grants to the National ‘‘(A) members representing the National subject to the applicable Federal laws and Railroad Passenger Corporation to provide Railroad Passenger Corporation; regulations governing similar crafts or class- financial incentives under subsection (a). ‘‘(B) members representing the Secretary es of employees of Amtrak, including provi- (e) TERMINATION-RELATED PAYMENTS.—If of Transportation and the Federal Railroad sions under section 121 of the Amtrak Re- Amtrak employees adversely affected by the Administration;

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13557 ‘‘(C) 1 member from each of the States (in- ‘‘(ii) each service is assigned the costs in- partment of Transportation shall enter into cluding the District of Columbia) that con- curred only for the benefit of that service, an agreement governing access fees and stitute the Northeast Corridor as defined in and a proportionate share, based upon fac- other costs or charges related to the oper- section 24102, designated by, and serving at tors that reasonably reflect relative use, of ation of the South County commuter rail the pleasure of, the chief executive officer costs incurred for the common benefit of service on the Northeast Corridor between thereof; and more than 1 service; Providence and Wickford Junction, Rhode Is- ‘‘(D) non-voting representatives of freight ‘‘(B) develop a proposed timetable for im- land. railroad carriers using the Northeast Cor- plementing the formula before the end of the (2) FAILURE TO REACH AGREEMENT.—If Am- ridor selected by the Secretary. 6th year following the date of enactment of trak and the Rhode Island Department of ‘‘(2) The Secretary shall ensure that the that Act; Transportation fail to reach the agreement membership belonging to any of the groups ‘‘(C) transmit the proposed timetable to specified under paragraph (1), the Adminis- enumerated under subparagraph (1) shall not the Surface Transportation Board; and trator of the Federal Railroad Administra- constitute a majority of the commission’s ‘‘(D) at the request of a Commission mem- tion shall, after consultation with both par- memberships. ber, petition the Surface Transportation ties, resolve any outstanding disagreements ‘‘(3) The commission shall establish a Board to appoint a mediator to assist the between the parties, including setting access schedule and location for convening meet- Commission members through non-binding fees and other costs or charges related to the ings, but shall meet no less than four times mediation to reach an agreement under this operation of the South County commuter per fiscal year, and the commission shall de- section. rail service that do not allow for the cross- velop rules and procedures to govern the ‘‘(2) IMPLEMENTATION.—The National Rail- subsidization of intercity rail passenger and commission’s proceedings. road Passenger Corporation and the com- commuter rail passenger service, not later ‘‘(4) A vacancy in the Commission shall be muter authorities providing commuter rail than October 31, 2007. filled in the manner in which the original ap- passenger transportation on the Northeast (3) INTERIM AGREEMENT.—Any agreement pointment was made. Corridor shall implement new agreements between Amtrak and the Rhode Island De- ‘‘(5) Members shall serve without pay but for usage of facilities or services based on partment of Transportation relating to ac- shall receive travel expenses, including per the formula proposed in paragraph (1) in ac- cess costs made under this subsection shall diem in lieu of subsistence, in accordance cordance with the timetable established be superseded by any access cost formula de- with sections 5702 and 5703 of title 5, United therein. If the entities fail to implement veloped by the Northeast Corridor Infra- States Code. such new agreements in accordance with the structure and Operations Advisory Commis- ‘‘(6) The Chairman of the Commission shall timetable, the Commission shall petition the sion under section 24905(c)(1) of title 49, be elected by the members. Surface Transportation Board to determine United States Code, as amended by section ‘‘(7) The Commission may appoint and fix the appropriate compensation amounts for 214(a) of this Act. such services in accordance with section the pay of such personnel as it considers ap- (d) ACELA SERVICE STUDY.— 24904(c) of this title. The Surface Transpor- propriate. (1) IN GENERAL.—Amtrak shall conduct a ‘‘(8) Upon request of the Commission, the tation Board shall enforce its determination conduct a study to determine the infrastruc- head of any department or agency of the on the party or parties involved. ture and equipment improvements necessary ‘‘(d) TRANSMISSION OF RECOMMENDATIONS.— United States may detail, on a reimbursable to provide regular Acela service— The commission shall annually transmit the basis, any of the personnel of that depart- (A) between Washington, D.C. and New ment or agency to the Commission to assist recommendations developed under sub- section (b) and the formula and timetable de- York City in 2 hours and 30 minutes; and it in carrying out its duties under this sec- (B) between New York City and Boston in tion. veloped under subsection (c)(1) to the Senate Committee on Commerce, Science, and 3 hours and 15 minutes. ‘‘(9) Upon the request of the Commission, (2) ISSUES.—The study conducted under the Administrator of General Services shall Transportation and the House of Representa- tives Committee on Transportation and In- paragraph (1) shall include— provide to the Commission, on a reimburs- (A) an estimated time frame for achieving able basis, the administrative support serv- frastructure. ‘‘(e) NORTHEAST CORRIDOR SAFETY AND SE- the trip time described in paragraph (1); ices necessary for the Commission to carry CURITY COMMITTEE.— (B) an analysis of any significant obstacles out its responsibilities under this section. ‘‘(1) IN GENERAL.—The Secretary shall es- that would hinder such an achievement; and ‘‘(10) The commission shall consult with tablish a Northeast Corridor Safety and Se- (C) a detailed description and cost esti- other entities as appropriate. curity Committee composed of members ap- mate of the specific infrastructure and ‘‘(b) GENERAL RECOMMENDATIONS.—The pointed by the Secretary. The members shall equipment improvements necessary for such Commission shall develop recommendations be representatives of— an achievement. concerning Northeast Corridor rail infra- ‘‘(A) the Secretary; (3) SECONDARY STUDY.—Amtrak shall pro- structure and operations including proposals ‘‘(B) Amtrak; vide an initial assessment of the infrastruc- addressing, as appropriate— ‘‘(C) freight carriers operating more than ture and equipment improvements, including ‘‘(1) short-term and long term capital in- 150,000 train miles a year on the main line of an order of magnitude cost estimate of such vestment needs beyond the state-of-good-re- the Northeast Corridor; improvements, that would be necessary to pair under section 213; ‘‘(D) commuter agencies; provide regular Acela service— ‘‘(2) future funding requirements for cap- ‘‘(E) rail passengers; (A) between Washington, D.C. and New ital improvements and maintenance; ‘‘(F) rail labor; York City in 2 hours and 15 minutes; and ‘‘(3) operational improvements of intercity ‘‘(G) the Transportation Security Adminis- (B) between New York City and Boston in passenger rail, commuter rail, and freight tration; and 3 hours. rail services; ‘‘(H) other individuals and organizations (4) REPORT.—Not later than February 1, ‘‘(4) opportunities for additional non-rail the Secretary decides have a significant in- 2008, Amtrak shall submit a written report uses of the Northeast Corridor; terest in rail safety or security. containing the results of the studies required ‘‘(5) scheduling and dispatching; ‘‘(2) FUNCTION; MEETINGS.—The Secretary under this subsection to— ‘‘(6) safety and security enhancements; shall consult with the Committee about safe- (A) the Committee on Commerce, Science, ‘‘(7) equipment design; ty and security improvements on the North- and Transportation of the Senate; ‘‘(8) marketing of rail services; and east Corridor main line. The Committee (B) the Committee on Appropriations of ‘‘(9) future capacity requirements. shall meet at least once every 2 years to con- the Senate; ‘‘(c) ACCESS COSTS.— sider safety matters on the main line. (C) the Committee on Transportation and ‘‘(1) DEVELOPMENT OF FORMULA.—Within 1 ‘‘(3) REPORT.—At the beginning of the first Infrastructure of the House of Representa- year after verification of Amtrak’s new fi- session of each Congress, the Secretary shall tives; nancial accounting system pursuant to sec- submit a report to the Commission and to (D) the Committee on Appropriations of tion 203(b) of the Passenger Rail Investment Congress on the status of efforts to improve the House of Representatives; and and Improvement Act of 2007, the Commis- safety and security on the Northeast Cor- (E) the Federal Railroad Administration. sion shall— ridor main line. The report shall include the SEC. 215. RESTRUCTURING LONG-TERM DEBT ‘‘(A) develop a standardized formula for de- safety recommendations of the Committee AND CAPITAL LEASES. termining and allocating costs, revenues, and the comments of the Secretary on those (a) IN GENERAL.—The Secretary of the and compensation for Northeast Corridor recommendations.’’. Treasury, in consultation with the Secretary commuter rail passenger transportation, as (b) CONFORMING AMENDMENTS.—Section defined in section 24102 of this title, that use 24904(c)(2) is amended by— of Transportation and Amtrak, may make National Railroad Passenger Corporation fa- (1) inserting ‘‘commuter rail passenger agreements to restructure Amtrak’s indebt- cilities or services or that provide such fa- and’’ after ‘‘between’’; and edness as of the date of enactment of this cilities or services to the National Railroad (2) striking ‘‘freight’’ in the second sen- Act. This authorization expires on October 1, Passenger Corporation that ensure that— tence. 2008. ‘‘(i) there is no cross-subsidization of com- (c) RIDOT ACCESS AGREEMENT.— (b) DEBT RESTRUCTURING.—The Secretary muter rail passenger, intercity rail pas- (1) IN GENERAL.—Not later than December of Treasury, in consultation with the Sec- senger, or freight rail transportation; and 15, 2007, Amtrak and the Rhode Island De- retary of the Transportation and Amtrak,

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13558 CONGRESSIONAL RECORD — SENATE October 30, 2007 shall enter into negotiations with the hold- essary to make all existing stations it serves retary of Transportation and other Federal ers of Amtrak debt, including leases, out- readily accessible to and usable by individ- agencies, as appropriate, are authorized to standing on the date of enactment of this uals with disabilities, as required by section establish facilities and procedures to con- Act for the purpose of restructuring (includ- 242(e)(2) of the Americans with Disabilities duct preclearance of passengers traveling on ing repayment) and repaying that debt. The Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua- Amtrak trains from Canada to the United Secretary of the Treasury may secure agree- tion shall include the estimated cost of the States. The Secretary shall seek to establish ments for restructuring or repayment on improvements necessary, the identification such facilities and procedures— such terms as the Secretary of the Treasury of the responsible person (as defined in sec- (1) in Vancouver, Canada, no later than deems favorable to the interests of the Gov- tion 241(5) of that Act (42 U.S.C. 12161(5))), June 1, 2008; and ernment. and the earliest practicable date when such (2) in other areas as determined appro- (c) CRITERIA.—In restructuring Amtrak’s improvements can be made. Amtrak shall priate by the Secretary. indebtedness, the Secretary and Amtrak— submit the evaluation to the Senate Com- SEC. 220. PRIVATE SECTOR FUNDING OF PAS- (1) shall take into consideration repayment mittee on Commerce, Science, and Transpor- SENGER TRAINS. costs, the term of any loan or loans, and tation, the House of Representatives Com- Amtrak is encouraged to increase the oper- market conditions; and mittee on Transportation and Infrastruc- ation of trains funded by, or in partnership (2) shall ensure that the restructuring re- ture, and the National Council on Disability with, private sector operators through com- sults in significant savings to Amtrak and by September 30, 2008, along with rec- petitive contracting to minimize the need the United States Government. ommendations for funding the necessary im- for Federal subsidies. Amtrak shall utilize (d) PAYMENT OF RENEGOTIATED DEBT.—If provements. the provisions of section 24308 of title 49, the criteria under subsection (c) are met, the United States Code, when necessary to ob- Secretary of Treasury may assume or repay SEC. 217. INCENTIVE PAY. the restructured debt, as appropriate. The Amtrak Board of Directors is encour- tain access to facilities, train and engine (e) AMTRAK PRINCIPAL AND INTEREST PAY- aged to develop an incentive pay program for crews, or services of a rail carrier or regional MENTS.— Amtrak management employees. transportation authority that are required (1) PRINCIPAL ON DEBT SERVICE.—Unless the SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND to operate such trains. Secretary of Treasury makes sufficient pay- SERVICES. SEC. 221. ON-BOARD SERVICE IMPROVEMENTS. ments to creditors under subsection (d) so If a State desires to select or selects an en- (a) IN GENERAL.—Within 1 year after that Amtrak is required to make no pay- tity other than Amtrak to provide services metrics and standards are established under ments to creditors in a fiscal year, the Sec- required for the operation of an intercity section 208 of this Act, Amtrak shall develop retary of Transportation shall use funds au- passenger train route described in section and implement a plan to improve on-board thorized by section 103(a)(1) for the use of 24102(5)(D) or 24702 of title 49, United States service pursuant to the metrics and stand- Amtrak for retirement of principal on loans Code, the State may make an agreement ards for such service developed under that for capital equipment, or capital leases. with Amtrak to use facilities and equipment section. (2) INTEREST ON DEBT.—Unless the Sec- of, or have services provided by, Amtrak (b) REPORT.—Amtrak shall provide a report retary of Treasury makes sufficient pay- under terms agreed to by the State and Am- to the Senate Committee on Commerce, ments to creditors under subsection (d) so trak to enable the State to utilize an entity Science, and Transportation and the House that Amtrak is required to make no pay- other than Amtrak to provide services re- of Representatives Committee on Transpor- ments to creditors in a fiscal year, the Sec- quired for operation of the route. If the par- tation and Infrastructure on the on-board retary of Transportation shall use funds au- ties cannot agree upon terms, and the Sur- service improvements proscribed in the plan thorized by section 103(a)(2) for the use of face Transportation Board finds that access and the timeline for implementing such im- Amtrak for the payment of interest on loans to Amtrak’s facilities or equipment, or the provements. for capital equipment, or capital leases. provision of services by Amtrak, is necessary SEC. 222. AMTRAK MANAGEMENT ACCOUNT- (3) REDUCTIONS IN AUTHORIZATION LEVELS.— to carry out this provision and that the oper- ABILITY. Whenever action taken by the Secretary of ation of Amtrak’s other services will not be (a) IN GENERAL.—Chapter 243 is amended the Treasury under subsection (a) results in impaired thereby, the Surface Transpor- by inserting after section 24309 the following: reductions in amounts of principal or inter- tation Board shall, within 120 days after sub- ‘‘§ 24310. Management accountability est that Amtrak must service on existing mission of the dispute, issue an order that ‘‘(a) IN GENERAL.—Three years after the debt, the corresponding amounts authorized the facilities and equipment be made avail- date of enactment of the Passenger Rail In- by section 103(a)(1) or (2) shall be reduced ac- able, and that services be provided, by Am- vestment and Improvement Act of 2007, and cordingly. trak, and shall determine reasonable com- two years thereafter, the Inspector General (f) LEGAL EFFECT OF PAYMENTS UNDER THIS pensation, liability and other terms for use of the Department of Transportation shall SECTION.—The payment of principal and in- of the facilities and equipment and provision complete an overall assessment of the terest on secured debt, other than debt as- of the services. Compensation shall be deter- progress made by Amtrak management and sumed under subsection (d), with the pro- mined in accord with the methodology estab- the Department of Transportation in imple- ceeds of grants under subsection (e) shall lished pursuant to section 206 of this Act. menting the provisions of that Act. not— SEC. 219. GENERAL AMTRAK PROVISIONS. ‘‘(b) ASSESSMENT.—The management as- (1) modify the extent or nature of any in- (a) REPEAL OF SELF-SUFFICIENCY REQUIRE- sessment undertaken by the Inspector Gen- debtedness of the National Railroad Pas- MENTS. eral may include a review of— senger Corporation to the United States in (1) PLAN REQUIRED.—Section 24101(d) is ‘‘(1) effectiveness improving annual finan- existence of the date of enactment of this amended— cial planning; Act; (A) by striking ‘‘plan to operate within the ‘‘(2) effectiveness in implementing im- (2) change the private nature of Amtrak’s funding levels authorized by section 24104 of proved financial accounting; or its successors’ liabilities; or this chapter, including the budgetary goals ‘‘(3) efforts to implement minimum train (3) imply any Federal guarantee or com- for fiscal years 1998 through 2002.’’ and in- performance standards; mitment to amortize Amtrak’s outstanding serting ‘‘plan, consistent with section 204 of ‘‘(4) progress maximizing revenues and indebtedness. the Passenger Rail Investment and Improve- minimizing Federal subsidies; and (g) SECRETARY APPROVAL.—Amtrak may ment Act of 2007, including the budgetary ‘‘(5) any other aspect of Amtrak operations not incur more debt after the date of enact- goals for fiscal years 2007 through 2012.’’; and the Inspector General finds appropriate to ment of this Act without the express ad- (B) by striking the last sentence and in- review.’’. vance approval of the Secretary of Transpor- serting ‘‘Amtrak and its Board of Directors (b) CONFORMING AMENDMENT.—The chapter tation. analysis for chapter 243 is amended by in- (h) REPORT.—The Secretary of the Treas- shall adopt a long term plan that minimizes serting after the item relating to section ury shall transmit a report to the Senate the need for Federal operating subsidies.’’. 24309 the following: Committee on Commerce, Science, and (2) AMTRAK REFORM AND ACCOUNTABILITY Transportation, the Senate Committee on ACT AMENDMENTS.—Title II of the Amtrak ‘‘24310. Management accountability.’’. Appropriations, the House of Representa- Reform and Accountability Act of 1997 (49 SEC. 223. LOCOMOTIVE BIODIESEL FUEL USE tives Committee on Transportation and In- U.S.C. 24101 nt) is amended by striking sec- STUDY. frastructure, and the House of Representa- tions 204 and 205. (a) IN GENERAL.—The Federal Railroad Ad- tives Committee on Appropriations by No- (b) LEASE ARRANGEMENTS.—Amtrak may ministration, in consultation with the Sec- vember 1, 2008— obtain services from the Administrator of retary of Energy and the Administrator of (1) describing in detail any agreements to General Services, and the Administrator the Environmental Protection Agency, shall restructure the Amtrak debt; and may provide services to Amtrak, under sec- conduct a study to determine the extent to (2) providing an estimate of the savings to tion 201(b) and 211(b) of the Federal Property which Amtrak could use biodiesel fuel blends Amtrak and the United States Government. and Administrative Service Act of 1949 (40 to power its fleet of locomotives and any of SEC. 216. STUDY OF COMPLIANCE REQUIRE- U.S.C. 481(b) and 491(b)) for each of fiscal its other motor vehicles that can operate on MENTS AT EXISTING INTERCITY years 2007 through 2012. diesel fuel. RAIL STATIONS. (c) TRAVEL FACILITATION.—Using existing (b) FACTORS.—In conducting the study, the Amtrak, in consultation with station own- authority or agreements, or upon reaching Federal Railroad Administration shall con- ers, shall evaluate the improvements nec- additional agreements with Canada, the Sec- sider—

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13559 (1) environmental and energy security ef- (1) long-distance passenger rail is a vital mary purpose of passenger transportation fects of biodiesel fuel use; and necessary part of our national transpor- between towns, cities and metropolitan areas (2) the cost of purchasing biodiesel fuel tation system and economy; and by rail, including high-speed rail, as defined blends for such purposes; (2) Amtrak should maintain a national pas- in section 24102 of title 49, United States (3) whether sufficient biodiesel fuel is read- senger rail system, including long-distance Code. ily available; and routes, that connects the continental United ‘‘§ 24402. Capital investment grants to sup- (4) the effect of biodiesel fuel use on rel- States from coast to coast and from border port intercity passenger rail service evant performance or warranty specifica- to border. ‘‘(a) GENERAL AUTHORITY.— tions. SEC. 225. PASSENGER RAIL STUDY. ‘‘(1) The Secretary of Transportation may (c) REPORT.—Not later than April 1, 2008, (a) IN GENERAL.—The Comptroller General make grants under this section to an appli- the Federal Railroad Administration shall of the General Accountability Office shall cant to assist in financing the capital costs report the results of its study to the Con- conduct a study to determine the potential of facilities, infrastructure, and equipment gress together with such findings, conclu- cost and benefits of expanding passenger rail necessary to provide or improve intercity sions, and recommendations as it deems ap- service options in underserved communities. passenger rail transportation. propriate. (b) SUBMISSION.—Not later than 1 year ‘‘(2) The Secretary shall require that a after the date of the enactment of this Act, grant under this section be subject to the SEC. 224. SENSE OF THE SENATE REGARDING the Comptroller General shall submit a re- terms, conditions, requirements, and provi- THE NEED TO MAINTAIN AMTRAK AS port containing the results of the study con- sions the Secretary decides are necessary or A NATIONAL PASSENGER RAIL SYS- TEM. ducted under this section to— appropriate for the purposes of this section, (1) the Committee on Commerce, Science, including requirements for the disposition of (a) FINDINGS.—The Senate makes the fol- and Transportation of the Senate; and net increases in value of real property result- lowing findings: (2) the Committee on Transportation and ing from the project assisted under this sec- (1) In fiscal year 2007, 3,800,000 passengers Infrastructure of the House of Representa- tion and shall prescribe procedures and traveled on Amtrak’s long distance trains, tives. schedules for the awarding of grants under an increase of 2.4 percent over fiscal year TITLE III—INTERCITY PASSENGER RAIL this title, including application and quali- 2006. POLICY fication procedures and a record of decision (2) Amtrak long-distance routes generated on applicant eligibility. The Secretary shall $376,000,000 in revenue in fiscal year 2007, an SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY issue a final rule establishing such proce- PASSENGER RAIL SERVICE; STATE increase of 5 percent over fiscal year 2006. RAIL PLANS. dures not later than 90 days after the date of (3) Amtrak operates 15 long-distance trains enactment of the Passenger Rail Investment (a) IN GENERAL.—Part C of subtitle V is over 18,500 route miles that serve 39 States amended by inserting the following after and Improvement Act of 2007. ‘‘(b) PROJECT AS PART OF STATE RAIL and the District of Columbia. These trains chapter 243: provide the only rail passenger service to 23 PLAN.— States. ‘‘CHAPTER 244. INTERCITY PASSENGER ‘‘(1) The Secretary may not approve a (4) Amtrak’s long-distance trains provide RAIL SERVICE CORRIDOR CAPITAL AS- grant for a project under this section unless an essential transportation service for many SISTANCE the Secretary finds that the project is part communities and to a significant percentage ‘‘Sec. of a State rail plan developed under chapter of the general public. ‘‘24401. Definitions. 225 of this title, or under the plan required (5) Many long-distance trains serve small ‘‘24402. Capital investment grants to support by section 203 of the Passenger Rail Invest- communities with limited or no significant intercity passenger rail service. ment and Improvement Act of 2007, and that air or bus service, especially in remote or ‘‘24403. Project management oversight. the applicant or recipient has or will have isolated areas in the United States. ‘‘24404. Use of capital grants to finance first- the legal, financial, and technical capacity (6) As a result of airline deregulation and dollar liability of grant project. to carry out the project, satisfactory con- decisions by national bus carriers to leave ‘‘24405. Grant conditions. tinuing control over the use of the equip- many communities, rail transportation may ‘‘§ 24401. Definitions ment or facilities, and the capability and provide the only feasible common carrier willingness to maintain the equipment or fa- ‘‘In this subchapter: cilities. transportation option for a growing number ‘‘(1) APPLICANT.—The term ‘applicant’ of areas. ‘‘(2) An applicant shall provide sufficient means a State (including the District of Co- information upon which the Secretary can (7) If long-distance trains were eliminated, lumbia), a group of States, an Interstate 23 States and 243 communities would be left make the findings required by this sub- Compact, or a public agency established by section. with no intercity passenger rail service and one or more States and having responsibility 16 other States would lose some rail service. ‘‘(3) If an applicant has not selected the for providing intercity passenger rail serv- proposed operator of its service competi- These trains provide a strong economic ben- ice. efit for the States and communities that tively, the applicant shall provide written ‘‘(2) CAPITAL PROJECT.—The term ‘capital justification to the Secretary showing why they serve. project’ means a project or program in a (8) Long-distance trains also provide trans- the proposed operator is the best, taking State rail plan developed under chapter 225 into account price and other factors, and portation during periods of severe weather or of this title for— emergencies that stall other modes of trans- that use of the proposed operator will not ‘‘(A) acquiring, constructing, improving, or unnecessarily increase the cost of the portation. inspecting equipment, track and track struc- (9) Amtrak provided the only reliable long- project. tures, or a facility for use in or for the pri- ‘‘(c) PROJECT SELECTION CRITERIA.—The distance transportation following the Sep- mary benefit of intercity passenger rail serv- Secretary, in selecting the recipients of fi- tember 11, 2001 terrorist attacks that ground- ice, expenses incidental to the acquisition or nancial assistance to be provided under sub- ed air travel. construction (including designing, engineer- section (a), shall— (10) The majority of passengers on long-dis- ing, location surveying, mapping, environ- ‘‘(1) require that each proposed project tance trains do not travel between the mental studies, and acquiring rights-of-way), meet all safety and security requirements endpoints, but rather between any combina- payments for the capital portions of rail that are applicable to the project under law; tion of cities along the route. trackage rights agreements, highway-rail ‘‘(2) give preference to projects with high (11) Passenger trains provide transpor- grade crossing improvements related to levels of estimated ridership, increased on- tation options, mobility for underserved pop- intercity passenger rail service, security, time performance, reduced trip time, addi- ulations, congestion mitigation, and jobs in mitigating environmental impacts, commu- tional service frequency to meet anticipated the areas they serve. nication and signalization improvements, re- or existing demand, or other significant serv- (12) Passenger rail has a positive impact on location assistance, acquiring replacement ice enhancements as measured against min- the environment compared to other modes of housing sites, and acquiring, constructing, imum standards developed under section 208 transportation by conserving energy, reduc- relocating, and rehabilitating replacement of the Passenger Rail Investment and Im- ing greenhouse gas emissions, and cutting housing; provement Act of 2007; down on other airborne particulate and toxic ‘‘(B) rehabilitating, remanufacturing or ‘‘(3) encourage intermodal connectivity emissions. overhauling rail rolling stock and facilities through projects that provide direct connec- (13) Amtrak communities that are served used primarily in intercity passenger rail tions between train stations, airports, bus use passenger rail and passenger rail stations service; terminals, subway stations, ferry ports, and as a significant source of economic develop- ‘‘(C) costs associated with developing State other modes of transportation; ment. rail plans; and ‘‘(4) ensure that each project is compatible (14) This Act makes meaningful and impor- ‘‘(D) the first-dollar liability costs for in- with, and is operated in conformance with— tant reforms to increase the efficiency, prof- surance related to the provision of intercity ‘‘(A) plans developed pursuant to the re- itability and on-time performance of Am- passenger rail service under section 24404. quirements of section 135 of title 23, United trak’s long-distance routes. ‘‘(3) INTERCITY PASSENGER RAIL SERVICE.— States Code; and (b) SENSE OF THE SENATE.—It is the sense The term ‘intercity passenger rail service’ ‘‘(B) the national rail plan (if it is avail- of the Senate that— means transportation services with the pri- able); and

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13560 CONGRESSIONAL RECORD — SENATE October 30, 2007 ‘‘(5) favor the following kinds of projects: ‘‘(B) An agreement under this paragraph ‘‘(1)(A) Based on engineering studies, stud- ‘‘(A) Projects that are expected to have a obligates an amount of available budget au- ies of economic feasibility, and information significant favorable impact on air or high- thority specified in law and may include a on the expected use of equipment or facili- way traffic congestion, capacity, or safety. commitment, contingent on amounts to be ties, the Secretary shall estimate the net ‘‘(B) Projects that also improve freight or specified in law in advance for commitments project cost. commuter rail operations. under this paragraph, to obligate an addi- ‘‘(B) A grant for the project shall not ex- ‘‘(C) Projects that have significant envi- tional amount from future available budget ceed 80 percent of the project net capital ronmental benefits, including projects that authority specified in law. The agreement cost. involve the purchase of environmentally sen- shall state that the contingent commitment ‘‘(C) The Secretary shall give priority in sitive, fuel-efficient, and cost-effective pas- is not an obligation of the Government and allocating future obligations and contingent senger rail equipment. is subject to the availability of appropria- commitments to incur obligations to grant ‘‘(D) Projects that are— tions made by Federal law and to Federal requests seeking a lower Federal share of the ‘‘(i) at a stage of preparation that all pre- laws in force on or enacted after the date of project net capital cost. commencement compliance with environ- the contingent commitment. Interest and ‘‘(2) Up to an additional 20 percent of the mental protection requirements has already other financing costs of efficiently carrying required non-Federal funds may be funded been completed; and out a part of the project within a reasonable from amounts appropriated to or made avail- ‘‘(ii) ready to be commenced. time are a cost of carrying out the project able to a department or agency of the Fed- ‘‘(E) Projects with positive economic and under a full funding grant agreement, except eral Government that are eligible to be ex- employment impacts. that eligible costs may not be more than the pended for transportation. ‘‘(F) Projects that encourage the use of cost of the most favorable financing terms ‘‘(3) 50 percent of the average amounts ex- positive train control technologies. reasonably available for the project at the pended by a State or group of States (includ- ‘‘(G) Projects that have commitments of time of borrowing. The applicant shall cer- ing the District of Columbia) for capital funding from non-Federal Government tify, in a way satisfactory to the Secretary, projects to benefit intercity passenger rail sources in a total amount that exceeds the that the applicant has shown reasonable dili- service and operating costs of up to $5,000,000 minimum amount of the non-Federal con- gence in seeking the most favorable financ- per fiscal year of such service in fiscal years tribution required for the project. ing terms. 2003, 2004, 2005, and 2006 shall be credited to- ‘‘(H) Projects that involve donated prop- ‘‘(3)(A) The Secretary may make an early wards the matching requirements for grants erty interests or services. systems work agreement with an applicant if awarded in fiscal years 2007, 2008, and 2009 ‘‘(I) Projects that are identified by the Sur- a record of decision under the National Envi- under this section. The Secretary may re- face Transportation Board as necessary to ronmental Policy Act of 1969 (42 U.S.C. 4321 quire such information as necessary to verify improve the on time performance and reli- et seq.) has been issued on the project and such expenditures. ability of intercity passenger rail under sec- the Secretary finds there is reason to be- ‘‘(4) 50 percent of the average amounts ex- tion 24308(f). lieve— pended by a State or group of States (includ- ‘‘(J) Projects described in section ‘‘(i) a full funding grant agreement for the ing the District of Columbia) in a fiscal year, 5302(a)(1)(G) of this title that are designed to project will be made; and beginning in fiscal year 2007, for capital support intercity passenger rail service. ‘‘(ii) the terms of the work agreement will projects to benefit intercity passenger rail ‘‘(d) AMTRAK ELIGIBILITY.—To receive a promote ultimate completion of the project service or for the operating costs of such grant under this section, the National Rail- more rapidly and at less cost. service above the average capital and oper- road Passenger Corporation may enter into a ‘‘(B) A work agreement under this para- ating expenditures made for such service in cooperative agreement with 1 or more States graph obligates an amount of available budg- fiscal years 2004, 2005, and 2006 shall be cred- to carry out 1 or more projects on a State et authority specified in law and shall pro- ited towards the matching requirements for rail plan’s ranked list of rail capital projects developed under section 22504(a)(5) of this vide for reimbursement of preliminary costs grants awarded under this section. The Sec- title. of carrying out the project, including land retary may require such information as nec- ‘‘(e) LETTERS OF INTENT, FULL FUNDING acquisition, timely procurement of system essary to verify such expenditures. elements for which specifications are de- GRANT AGREEMENTS, AND EARLY SYSTEMS ‘‘(g) UNDERTAKING PROJECTS IN ADVANCE.— WORK AGREEMENTS.— cided, and other activities the Secretary de- ‘‘(1) The Secretary may pay the Federal ‘‘(1)(A) The Secretary may issue a letter of cides are appropriate to make efficient, long- share of the net capital project cost to an ap- intent to an applicant announcing an inten- term project management easier. A work plicant that carries out any part of a project tion to obligate, for a major capital project agreement shall cover the period of time the described in this section according to all ap- under this section, an amount from future Secretary considers appropriate. The period plicable procedures and requirements if— available budget authority specified in law may extend beyond the period of current au- ‘‘(A) the applicant applies for the payment; that is not more than the amount stipulated thorization. Interest and other financing ‘‘(B) the Secretary approves the payment; as the financial participation of the Sec- costs of efficiently carrying out the work and retary in the project. agreement within a reasonable time are a ‘‘(C) before carrying out the part of the ‘‘(B) At least 30 days before issuing a letter cost of carrying out the agreement, except project, the Secretary approves the plans under subparagraph (A) of this paragraph or that eligible costs may not be more than the and specifications for the part in the same entering into a full funding grant agreement, cost of the most favorable financing terms way as other projects under this section. the Secretary shall notify in writing the reasonably available for the project at the ‘‘(2) The cost of carrying out part of a Committee on Transportation and Infra- time of borrowing. The applicant shall cer- project includes the amount of interest structure of the House of Representatives tify, in a way satisfactory to the Secretary, earned and payable on bonds issued by the and the Committee on Commerce, Science, that the applicant has shown reasonable dili- applicant to the extent proceeds of the bonds and Transportation of the Senate and the gence in seeking the most favorable financ- are expended in carrying out the part. How- House and Senate Committees on Appropria- ing terms. If an applicant does not carry out ever, the amount of interest under this para- tions of the proposed letter or agreement. the project for reasons within the control of graph may not be more than the most favor- The Secretary shall include with the notifi- the applicant, the applicant shall repay all able interest terms reasonably available for cation a copy of the proposed letter or agree- Government payments made under the work the project at the time of borrowing. The ap- ment as well as the evaluations and ratings agreement plus reasonable interest and pen- plicant shall certify, in a manner satisfac- for the project. alty charges the Secretary establishes in the tory to the Secretary, that the applicant has ‘‘(C) An obligation or administrative com- agreement. shown reasonable diligence in seeking the mitment may be made only when amounts ‘‘(4) The total estimated amount of future most favorable financial terms. are appropriated. obligations of the Government and contin- ‘‘(3) The Secretary shall consider changes ‘‘(2)(A) The Secretary may make a full gent commitments to incur obligations cov- in capital project cost indices when deter- funding grant agreement with an applicant. ered by all outstanding letters of intent, full mining the estimated cost under paragraph The agreement shall— funding grant agreements, and early systems (2) of this subsection. ‘‘(i) establish the terms of participation by work agreements may be not more than the ‘‘(h) 2-YEAR AVAILABILITY.—Funds appro- the United States Government in a project amount authorized under section 101(c) of priated under this section shall remain under this section; Passenger Rail Investment and Improvement ‘‘(ii) establish the maximum amount of Act of 2007, less an amount the Secretary available until expended. If any amount pro- Government financial assistance for the reasonably estimates is necessary for grants vided as a grant under this section is not ob- project; under this section not covered by a letter. ligated or expended for the purposes de- ‘‘(iii) cover the period of time for com- The total amount covered by new letters and scribed in subsection (a) within 2 years after pleting the project, including a period ex- contingent commitments included in full the date on which the State received the tending beyond the period of an authoriza- funding grant agreements and early systems grant, such sums shall be returned to the tion; and work agreements may be not more than a Secretary for other intercity passenger rail ‘‘(iv) make timely and efficient manage- limitation specified in law. development projects under this section at the discretion of the Secretary. ment of the project easier according to the ‘‘(f) FEDERAL SHARE OF NET PROJECT law of the United States. COST.— ‘‘(i) PUBLIC-PRIVATE PARTNERSHIPS.—

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‘‘(1) IN GENERAL.—A metropolitan planning for construction, system installation, and in- ‘‘(b) OPERATORS DEEMED RAIL CARRIERS organization, State transportation depart- tegration of system components; AND EMPLOYERS FOR CERTAIN PURPOSES.—A ment, or other project sponsor may enter ‘‘(8) material testing policies and proce- person that conducts rail operations over into an agreement with any public, private, dures; rail infrastructure constructed or improved or nonprofit entity to cooperatively imple- ‘‘(9) internal plan implementation and re- with funding provided in whole or in part in ment any project funded with a grant under porting requirements; a grant made under this title shall be consid- this title. ‘‘(10) criteria and procedures to be used for ered a rail carrier as defined in section ‘‘(2) FORMS OF PARTICIPATION.—Participa- testing the operational system or its major 10102(5) of this title for purposes of this title tion by an entity under paragraph (1) may components; and any other statute that adopts the that consist of— ‘‘(11) periodic updates of the plan, espe- definition or in which that definition ap- ‘‘(A) ownership or operation of any land, cially related to project budget and project plies, including— facility, locomotive, rail car, vehicle, or schedule, financing, and ridership estimates; ‘‘(1) the Railroad Retirement Act of 1974 (45 other physical asset associated with the and U.S.C. 231 et seq.); project; ‘‘(12) the recipient’s commitment to sub- ‘‘(2) the Railway Labor Act (43 U.S.C. 151 et ‘‘(B) cost-sharing of any project expense; mit a project budget and project schedule to seq.); and ‘‘(C) carrying out administration, con- the Secretary each month. ‘‘(3) the Railroad Unemployment Insurance struction management, project management, ‘‘(b) SECRETARIAL OVERSIGHT.— Act (45 U.S.C. 351 et seq.). project operation, or any other management ‘‘(1) The Secretary may use no more than ‘‘(c) GRANT CONDITIONS.—The Secretary shall require as a condition of making any or operational duty associated with the 0.5 percent of amounts made available in a grant under this title for a project that uses project; and fiscal year for capital projects under this rights-of-way owned by a railroad that— ‘‘(D) any other form of participation ap- subchapter to enter into contracts to oversee ‘‘(1) a written agreement exist between the proved by the Secretary. the construction of such projects. applicant and the railroad regarding such ‘‘(3) SUB-ALLOCATION.—A State may allo- ‘‘(2) The Secretary may use amounts avail- use and ownership, including— cate funds under this section to any entity able under paragraph (1) of this subsection to ‘‘(A) any compensation for such use; described in paragraph (1). make contracts for safety, procurement, ‘‘(B) assurances regarding the adequacy of ‘‘(j) SPECIAL TRANSPORTATION CIR- management, and financial compliance re- infrastructure capacity to accommodate CUMSTANCES.—In carrying out this section, views and audits of a recipient of amounts both existing and future freight and pas- the Secretary shall allocate an appropriate under paragraph (1). senger operations; portion of the amounts available under this ‘‘(3) The Federal Government shall pay the ‘‘(C) an assurance by the railroad that col- section to provide grants to States— entire cost of carrying out a contract under lective bargaining agreements with the rail- ‘‘(1) in which there is no intercity pas- this subsection. ‘‘(c) ACCESS TO SITES AND RECORDS.—Each road’s employees (including terms regulating senger rail service for the purpose of funding recipient of assistance under this subchapter the contracting of work) will remain in full freight rail capital projects that are on a shall provide the Secretary and a contractor force and effect according to their terms for State rail plan developed under chapter 225 the Secretary chooses under subsection (c) of work performed by the railroad on the rail- of this title that provide public benefits (as this section with access to the construction road transportation corridor; and defined in chapter 225) as determined by the sites and records of the recipient when rea- ‘‘(D) an assurance that an applicant com- Secretary; or sonably necessary. plies with liability requirements consistent ‘‘(2) in which the rail transportation sys- ‘‘§ 24404. Use of capital grants to finance first- with section 28103 of this title; and tem is not physically connected to rail sys- dollar liability of grant project ‘‘(2) the applicant agrees to comply with— tems in the continental United States or ‘‘(A) the standards of section 24312 of this may not otherwise qualify for a grant under ‘‘Notwithstanding the requirements of sec- title, as such section was in effect on Sep- this section due to the unique characteris- tion 24402 of this subchapter, the Secretary tember 1, 2003, with respect to the project in tics of the geography of that State or other of Transportation may approve the use of capital assistance under this subchapter to the same manner that the National Railroad relevant considerations, for the purpose of fund self-insured retention of risk for the Passenger Corporation is required to comply funding transportation-related capital first tier of liability insurance coverage for with those standards for construction work projects. rail passenger service associated with the financed under an agreement made under ‘‘(k) SMALL CAPITAL PROJECTS.—The Sec- capital assistance grant, but the coverage section 24308(a) of this title; and retary shall make available $10,000,000 annu- may not exceed $20,000,000 per occurrence or ‘‘(B) the protective arrangements estab- ally from the amounts authorized under sec- $20,000,000 in aggregate per year. lished under section 504 of the Railroad Revi- tion 101(c) of the Passenger Rail Investment talization and Regulatory Reform Act of 1976 and Improvement Act of 2007 beginning in ‘‘§ 24405. Grant conditions (45 U.S.C. 836) with respect to employees af- fiscal year 2008 for grants for capital projects ‘‘(a) DOMESTIC BUYING PREFERENCE.— fected by actions taken in connection with eligible under this section not exceeding ‘‘(1) REQUIREMENT.— the project to be financed in whole or in part $2,000,000, including costs eligible under sec- ‘‘(A) IN GENERAL.—In carrying out a by grants under this subchapter. tion 206(c) of that Act. The Secretary may project funded in whole or in part with a ‘‘(d) REPLACEMENT OF EXISTING INTERCITY wave requirements of this section, including grant under this title, the grant recipient PASSENGER RAIL SERVICE.— state rail plan requirements, as appropriate. shall purchase only— ‘‘(i) unmanufactured articles, material, ‘‘(1) COLLECTIVE BARGAINING AGREEMENT ‘‘§ 24403. Project management oversight and supplies mined or produced in the United FOR INTERCITY PASSENGER RAIL PROJECTS.— ‘‘(a) PROJECT MANAGEMENT PLAN REQUIRE- States; or Any entity providing intercity passenger MENTS.—To receive Federal financial assist- ‘‘(ii) manufactured articles, material, and railroad transportation that begins oper- ance for a major capital project under this supplies manufactured in the United States ations after the date of enactment of this subchapter, an applicant must prepare and substantially from articles, material, and Act on a project funded in whole or in part carry out a project management plan ap- supplies mined, produced, or manufactured by grants made under this title and replaces proved by the Secretary of Transportation. in the United States. intercity rail passenger service that was pro- The plan shall provide for— ‘‘(B) DE MINIMIS AMOUNT.—Subparagraph (1) vided by Amtrak, unless such service was ‘‘(1) adequate recipient staff organization applies only to a purchase in an total provided solely by Amtrak to another entity, with well-defined reporting relationships, amount that is not less than $1,000,000. as of such date shall enter into an agreement statements of functional responsibilities, job ‘‘(2) EXEMPTIONS.—On application of a re- with the authorized bargaining agent or descriptions, and job qualifications; cipient, the Secretary may exempt a recipi- agents for adversely affected employees of ‘‘(2) a budget covering the project manage- ent from the requirements of this subsection the predecessor provider that— ment organization, appropriate consultants, if the Secretary decides that, for particular ‘‘(A) gives each such qualified employee of property acquisition, utility relocation, sys- articles, material, or supplies— the predecessor provider priority in hiring tems demonstration staff, audits, and mis- ‘‘(A) such requirements are inconsistent according to the employee’s seniority on the cellaneous payments the recipient may be with the public interest; predecessor provider for each position with prepared to justify; ‘‘(B) the cost of imposing the requirements the replacing entity that is in the employ- ‘‘(3) a construction schedule for the is unreasonable; or ee’s craft or class and is available within 3 project; ‘‘(C) the articles, material, or supplies, or years after the termination of the service ‘‘(4) a document control procedure and rec- the articles, material, or supplies from being replaced; ordkeeping system; which they are manufactured, are not mined, ‘‘(B) establishes a procedure for notifying ‘‘(5) a change order procedure that includes produced, or manufactured in the United such an employee of such positions; a documented, systematic approach to han- States in sufficient and reasonably available ‘‘(C) establishes a procedure for such an dling the construction change orders; commercial quantities and are not of a satis- employee to apply for such positions; and ‘‘(6) organizational structures, manage- factory quality. ‘‘(D) establishes rates of pay, rules, and ment skills, and staffing levels required ‘‘(3) UNITED STATES DEFINED.—In this sub- working conditions. throughout the construction phase; section, the term ‘the United States’ means ‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— ‘‘(7) quality control and quality assurance the States, territories, and possessions of the ‘‘(A) NEGOTIATIONS.—If the replacement of functions, procedures, and responsibilities United States and the District of Columbia. preexisting intercity rail passenger service

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13562 CONGRESSIONAL RECORD — SENATE October 30, 2007 occurs concurrent with or within a reason- in section 5302(11) and (6), respectively, of ‘‘§ 22502. Authority able time before the commencement of the this title) eligible to receive financial assist- ‘‘(a) IN GENERAL.—Each State may prepare replacing entity’s rail passenger service, the ance under section 5307 of this title, or to its and maintain a State rail plan in accordance replacing entity shall give written notice of contractor performing services in connection with the provisions of this subchapter. its plan to replace existing rail passenger with commuter rail passenger operations (as ‘‘(b) REQUIREMENTS.—For the preparation service to the authorized collective bar- so defined); and periodic revision of a State rail plan, a gaining agent or agents for the potentially ‘‘(2) the Alaska Railroad or its contractors; State shall— adversely affected employees of the prede- or ‘‘(1) establish or designate a State rail cessor provider at least 90 days before the ‘‘(3) the National Railroad Passenger Cor- transportation authority to prepare, main- date on which it plans to commence service. poration’s access rights to railroad rights of tain, coordinate, and administer the plan; Within 5 days after the date of receipt of way and facilities under current law.’’. ‘‘(2) establish or designate a State rail plan such written notice, negotiations between (b) CONFORMING AMENDMENTS.— approval authority to approve the plan; the replacing entity and the collective bar- (1) The table of chapters for the title is ‘‘(3) submit the State’s approved plan to gaining agent or agents for the employees of amended by inserting the following after the the Secretary of Transportation for review; the predecessor provider shall commence for item relating to chapter 243: the purpose of reaching agreement with re- and spect to all matters set forth in subpara- ‘‘244. Intercity passenger rail ‘‘(4) revise and resubmit a State-approved graphs (A) through (D) of paragraph (1). The service capital assistance ...... 24401’’. plan no less frequently than once every 5 negotiations shall continue for 30 days or ‘‘(2) The chapter analysis for subtitle V is years for reapproval by the Secretary. amended by inserting the following after the until an agreement is reached, whichever is ‘‘§ 22503. Purposes sooner. If at the end of 30 days the parties item relating to chapter 243: ‘‘(a) PURPOSES.—The purposes of a State have not entered into an agreement with re- ‘‘244. Intercity passenger rail rail plan are as follows: spect to all such matters, the unresolved service capital assistance ...... 24401’’. ‘‘(1) To set forth State policy involving issues shall be submitted for arbitration in SEC. 302. STATE RAIL PLANS. accordance with the procedure set forth in freight and passenger rail transportation, in- (a) IN GENERAL.—Part B of subtitle V is subparagraph (B). cluding commuter rail operations, in the amended by adding at the end the following: ‘‘(B) ARBITRATION.—If an agreement has State. not been entered into with respect to all ‘‘CHAPTER 225. STATE RAIL PLANS AND ‘‘(2) To establish the period covered by the matters set forth in subparagraphs (A) HIGH PRIORITY PROJECTS State rail plan. through (D) of paragraph (1) as described in ‘‘(3) To present priorities and strategies to ‘‘Sec. enhance rail service in the State that bene- subparagraph (A) of this paragraph, the par- ‘‘22501. Definitions. ties shall select an arbitrator. If the parties fits the public. ‘‘22502. Authority. are unable to agree upon the selection of ‘‘(4) To serve as the basis for Federal and such arbitrator within 5 days, either or both ‘‘22503. Purposes. State rail investments within the State. parties shall notify the National Mediation ‘‘22504. Transparency; coordination; re- ‘‘(b) COORDINATION.—A State rail plan shall Board, which shall provide a list of seven ar- view. be coordinated with other State transpor- bitrators with experience in arbitrating rail ‘‘22505. Content. tation planning goals and programs and set labor protection disputes. Within 5 days ‘‘22506. Review. forth rail transportation’s role within the State transportation system. after such notification, the parties shall al- ‘‘§ 22501. Definitions ternately strike names from the list until ‘‘§ 22504. Transparency; coordination; review only 1 name remains, and that person shall ‘‘In this subchapter: serve as the neutral arbitrator. Within 45 ‘‘(1) PRIVATE BENEFIT.— ‘‘(a) PREPARATION.—A State shall provide days after selection of the arbitrator, the ar- ‘‘(A) IN GENERAL.—The term ‘private ben- adequate and reasonable notice and oppor- bitrator shall conduct a hearing on the dis- efit’— tunity for comment and other input to the pute and shall render a decision with respect ‘‘(i) means a benefit accrued to a person or public, rail carriers, commuter and transit to the unresolved issues among the matters private entity, other than the National Rail- authorities operating in, or affected by rail set forth in subparagraphs (A) through (D) of road Passenger Corporation, that directly operations within the State, units of local paragraph (1). This decision shall be final, improves the economic and competitive con- government, and other interested parties in binding, and conclusive upon the parties. dition of that person or entity through im- the preparation and review of its State rail The salary and expenses of the arbitrator proved assets, cost reductions, service im- plan. shall be borne equally by the parties; all provements, or any other means as defined ‘‘(b) INTERGOVERNMENTAL COORDINATION.— other expenses shall be paid by the party in- by the Secretary; and A State shall review the freight and pas- curring them. ‘‘(ii) shall be determined on a project-by- senger rail service activities and initiatives ‘‘(3) SERVICE COMMENCEMENT.—A replacing project basis, based upon an agreement be- by regional planning agencies, regional entity under this subsection shall commence tween the parties. transportation authorities, and municipali- service only after an agreement is entered ‘‘(B) CONSULTATION.—The Secretary may ties within the State, or in the region in into with respect to the matters set forth in seek the advice of the States and rail car- which the State is located, while preparing subparagraphs (A) through (D) of paragraph riers in further defining this term. the plan, and shall include any recommenda- (1) or the decision of the arbitrator has been ‘‘(2) PUBLIC BENEFIT.— tions made by such agencies, authorities, rendered. ‘‘(A) IN GENERAL.—The term ‘public ben- and municipalities as deemed appropriate by ‘‘(4) SUBSEQUENT REPLACEMENT OF SERV- efit’— the State. ICE.—If the replacement of existing rail pas- ‘‘(i) means a benefit accrued to the public ‘‘§ 22505. Content senger service takes place within 3 years in the form of enhanced mobility of people or after the replacing entity commences inter- goods, environmental protection or enhance- ‘‘(a) IN GENERAL.—Each State rail plan city passenger rail service, the replacing en- ment, congestion mitigation, enhanced trade shall contain the following: tity and the collective bargaining agent or and economic development, improved air ‘‘(1) An inventory of the existing overall agents for the adversely affected employees quality or land use, more efficient energy rail transportation system and rail services of the predecessor provider shall enter into use, enhanced public safety or security, re- and facilities within the State and an anal- an agreement with respect to the matters set duction of public expenditures due to im- ysis of the role of rail transportation within forth in subparagraphs (A) through (D) of proved transportation efficiency or infra- the State’s surface transportation system. paragraph (1). If the parties have not entered structure preservation, and any other posi- ‘‘(2) A review of all rail lines within the into an agreement with respect to all such tive community effects as defined by the State, including proposed high speed rail matters within 60 days after the date on Secretary; and corridors and significant rail line segments which the replacing entity replaces the pred- ‘‘(ii) shall be determined on a project-by- not currently in service. ecessor provider, the parties shall select an project basis, based upon an agreement be- ‘‘(3) A statement of the State’s passenger arbitrator using the procedures set forth in tween the parties. rail service objectives, including minimum paragraph (2)(B), who shall, within 20 days ‘‘(B) CONSULTATION.—The Secretary may service levels, for rail transportation routes after the commencement of the arbitration, seek the advice of the States and rail car- in the State. conduct a hearing and decide all unresolved riers in further defining this term. ‘‘(4) A general analysis of rail’s transpor- issues. This decision shall be final, binding, ‘‘(3) STATE.—The term ‘State’ means any of tation, economic, and environmental im- and conclusive upon the parties. the 50 States and the District of Columbia. pacts in the State, including congestion ‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OP- ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR- mitigation, trade and economic develop- ERATIONS.— Nothing in this section applies ITY.—The term ‘State rail transportation au- ment, air quality, land-use, energy-use, and to— thority’ means the State agency or official community impacts. ‘‘(1) commuter rail passenger transpor- responsible under the direction of the Gov- ‘‘(5) A long-range rail investment program tation (as defined in section 24102(4) of this ernor of the State or a State law for prepara- for current and future freight and passenger title) operations of a State or local govern- tion, maintenance, coordination, and admin- infrastructure in the State that meets the ment authority (as those terms are defined istration of the State rail plan.’’. requirements of subsection (b).

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‘‘(6) A statement of public financing issues (1) The table of chapters for the title is (8) by inserting ‘‘TRANSFERS OF DUTY.—’’ for rail projects and service in the State, in- amended by inserting the following after the before ‘‘A duty’’ in subsection (e), as redesig- cluding a list of current and prospective pub- item relating to chapter 223: nated; lic capital and operating funding resources, ‘‘225. State rail plans ...... 22501’’. (9) by inserting ‘‘CONTRACTS, GRANTS, public subsidies, State taxation, and other fi- ‘‘(2) The chapter analysis for subtitle V is LEASES, COOPERATIVE AGREEMENTS, AND SIMI- nancial policies relating to rail infrastruc- amended by inserting the following after the LAR TRANSACTIONS.—’’ before ‘‘Subject’’ in ture development. item relating to chapter 223: subsection (f), as redesignated; ‘‘(7) An identification of rail infrastructure (10) by striking the last sentence in sub- issues within the State that reflects con- ‘‘225. State rail plans ...... 24401’’. section (f), as redesignated; and sultation with all relevant stake holders. SEC. 303. NEXT GENERATION CORRIDOR TRAIN (11) by adding at the end the following: ‘‘(8) A review of major passenger and EQUIPMENT POOL. ‘‘(g) ADDITIONAL DUTIES OF THE ADMINIS- freight intermodal rail connections and fa- (a) IN GENERAL.—Within 180 days after the TRATOR.—The Administrator shall— cilities within the State, including seaports, date of enactment of this Act, Amtrak shall ‘‘(1) provide assistance to States in devel- and prioritized options to maximize service establish a Next Generation Corridor Equip- oping State rail plans prepared under chap- integration and efficiency between rail and ment Pool Committee, comprised of rep- ter 225 and review all State rail plans sub- other modes of transportation within the resentatives of Amtrak, the Federal Railroad mitted under that section; State. Administration, host freight railroad compa- ‘‘(2) develop a long range national rail plan ‘‘(9) A review of publicly funded projects nies, passenger railroad equipment manufac- that is consistent with approved State rail within the State to improve rail transpor- turers, and other passenger railroad opera- plans and the rail needs of the Nation, as de- tation safety and security, including all tors as appropriate and interested States. termined by the Secretary in order to pro- major projects funded under section 130 of The purpose of the Committee shall be to de- mote an integrated, cohesive, efficient, and title 23. sign, develop specifications for, and procure optimized national rail system for the move- ‘‘(10) A performance evaluation of pas- standardized next-generation corridor equip- ment of goods and people; senger rail services operating in the State, ment. ‘‘(3) develop a preliminary national rail including possible improvements in those (b) FUNCTIONS.—The Committee may— plan within a year after the date of enact- services, and a description of strategies to (1) determine the number of different types ment of the Passenger Rail Investment and achieve those improvements. of equipment required, taking into account Improvement Act of 2007; ‘‘(11) A compilation of studies and reports variations in operational needs and corridor ‘‘(4) develop and enhance partnerships with on high-speed rail corridor development infrastructure; the freight and passenger railroad industry, within the State not included in a previous (2) establish a pool of equipment to be used States, and the public concerning rail devel- plan under this subchapter, and a plan for on corridor routes funded by participating opment; funding any recommended development of States; and ‘‘(5) support rail intermodal development such corridors in the State. (3) subject to agreements between Amtrak and high-speed rail development, including ‘‘(12) A statement that the State is in com- and States, utilize services provided by Am- high speed rail planning; pliance with the requirements of section trak to design, maintain and remanufacture ‘‘(6) ensure that programs and initiatives 22102. equipment. developed under this section benefit the pub- ‘‘(b) LONG-RANGE SERVICE AND INVESTMENT (c) COOPERATIVE AGREEMENTS.—Amtrak lic and work toward achieving regional and PROGRAM.— and States participating in the Committee national transportation goals; and ‘‘(1) PROGRAM CONTENT.—A long-range rail may enter into agreements for the funding, ‘‘(7) facilitate and coordinate efforts to as- investment program included in a State rail procurement, remanufacture, ownership and sist freight and passenger rail carriers, tran- plan under subsection (a)(5) shall include the management of corridor equipment, includ- sit agencies and authorities, municipalities, following matters: ing equipment currently owned or leased by and States in passenger-freight service inte- ‘‘(A) A list of any rail capital projects ex- Amtrak and next-generation corridor equip- gration on shared rights of way by providing pected to be undertaken or supported in ment acquired as a result of the Committee’s neutral assistance at the joint request of af- whole or in part by the State. actions, and may establish a corporation, fected rail service providers and infrastruc- ‘‘(B) A detailed funding plan for those which may be owned or jointly-owned by ture owners relating to operations and ca- projects. Amtrak, participating States or other enti- pacity analysis, capital requirements, oper- ‘‘(2) PROJECT LIST CONTENT.—The list of ties, to perform these functions. ating costs, and other research and planning rail capital projects shall contain— (d) FUNDING.—In addition to the authoriza- related to corridors shared by passenger or ‘‘(A) a description of the anticipated public tion provided in section 105 of this Act, cap- commuter rail service and freight rail oper- and private benefits of each such project; and ital projects to carry out the purposes of this ations. ‘‘(B) a statement of the correlation be- section shall be eligible for grants made pur- ‘‘(h) PERFORMANCE GOALS AND REPORTS.— tween— suant to chapter 244 of title 49, United States ‘‘(1) PERFORMANCE GOALS.—In conjunction ‘‘(i) public funding contributions for the Code. with the objectives established and activities projects; and SEC. 304. FEDERAL RAIL POLICY. undertaken under section 103(e) of this title, ‘‘(ii) the public benefits. Section 103 is amended— the Administrator shall develop a schedule ‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In (1) by inserting ‘‘IN GENERAL.—’’ before for achieving specific, measurable perform- preparing the list of freight and intercity ‘‘The Federal’’ in subsection (a); ance goals. passenger rail capital projects, a State rail (2) by striking the second and third sen- ‘‘(2) RESOURCE NEEDS.—The strategy and transportation authority should take into tences of subsection (a); annual plans shall include estimates of the consideration the following matters: (3) by inserting ‘‘ADMINISTRATOR.—’’ before funds and staff resources needed to accom- ‘‘(A) Contributions made by non-Federal ‘‘The head’’ in subsection (b); plish each goal and the additional duties re- and non-State sources through user fees, (4) by redesignating subsections (c), (d), quired under section 103(e). matching funds, or other private capital in- and (e) as subsections (d), (e), and (f), respec- ‘‘(3) SUBMISSION WITH PRESIDENT’S BUDG- volvement. tively and by inserting after subsection (b) ET.—Beginning with fiscal year 2009 and each ‘‘(B) Rail capacity and congestion effects. the following: fiscal year thereafter, the Secretary shall submit to Congress, at the same time as the ‘‘(C) Effects on highway, aviation, and ‘‘(c) SAFETY.—To carry out all railroad maritime capacity, congestion, or safety. safety laws of the United States, the Admin- President’s budget submission, the Adminis- ‘‘(D) Regional balance. istration is divided on a geographical basis tration’s performance goals and schedule de- ‘‘(E) Environmental impact. into at least 8 safety offices. The Secretary veloped under paragraph (1), including an as- ‘‘(F) Economic and employment impacts. of Transportation is responsible for all acts sessment of the progress of the Administra- ‘‘(G) Projected ridership and other service taken under those laws and for ensuring that tion toward achieving its performance measures for passenger rail projects. the laws are uniformly administered and en- goals.’’. forced among the safety offices.’’; SEC. 305. RAIL COOPERATIVE RESEARCH PRO- ‘‘§ 22506. Review GRAM. (5) by inserting ‘‘POWERS AND DUTIES.—’’ The Secretary shall prescribe procedures before ‘‘The’’ in subsection (d), as redesig- (a) ESTABLISHMENT AND CONTENT.—Chapter for States to submit State rail plans for re- nated; 249 is amended by adding at the end the fol- view under this title, including standardized (6) by striking ‘‘and’’ after the semicolon lowing: format and data requirements. State rail in paragraph (1) of subsection (d), as redesig- ‘‘§ 24910. Rail cooperative research program plans completed before the date of enact- nated; ‘‘(a) IN GENERAL.—The Secretary shall es- ment of the Passenger Rail Investment and (7) by redesignating paragraph (2) of sub- tablish and carry out a rail cooperative re- Improvement Act of 2007 that substantially section (d), as redesignated, as paragraph (3) search program. The program shall— meet the requirements of this chapter, as de- and inserting after paragraph (1) the fol- ‘‘(1) address, among other matters, inter- termined by the Secretary, shall be deemed lowing: city rail passenger and freight rail services, by the Secretary to have met the require- ‘‘(2) the duties and powers related to rail- including existing rail passenger and freight ments of this chapter’’. road policy and development under sub- technologies and speeds, incrementally en- (b) CONFORMING AMENDMENTS.— section (e); and’’; hanced rail systems and infrastructure, and

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13564 CONGRESSIONAL RECORD — SENATE October 30, 2007 new high-speed wheel-on-rail systems and ‘‘(C) representatives of Amtrak, the Alaska Mr. LAUTENBERG. Mr. President, I rail security; Railroad, freight railroads, transit operating move to reconsider the vote and I move ‘‘(2) address ways to expand the transpor- agencies, intercity rail passenger agencies, to lay that motion on the table. tation of international trade traffic by rail, railway labor organizations, and environ- The motion to lay on the table was enhance the efficiency of intermodal inter- mental organizations. change at ports and other intermodal termi- agreed to. ‘‘(d) NATIONAL ACADEMY OF SCIENCES.— The The PRESIDING OFFICER. The Sen- nals, and increase capacity and availability Secretary may make grants to, and enter of rail service for seasonal freight needs; into cooperative agreements with, the Na- ator from New Jersey is recognized. ‘‘(3) consider research on the interconnect- tional Academy of Sciences to carry out Mr. LAUTENBERG. Mr. President, I edness of commuter rail, passenger rail, such activities relating to the research, tech- must say how satisfying it is that the freight rail, and other rail networks; and nology, and technology transfer activities Senate has done what America has ‘‘(4) give consideration to regional con- described in subsection (b) as the Secretary asked us to do. I can’t tell you how in- cerns regarding rail passenger and freight deems appropriate.’’. volved personally I have been in this transportation, including meeting research (b) CLERICAL AMENDMENT.—The chapter for many years. Since my relatively needs common to designated high-speed cor- analysis for chapter 249 is amended by add- early days in the Senate, going back ridors, long-distance rail services, and re- ing at the end the following: gional intercity rail corridors, projects, and decades, I have been interested in what entities. ‘‘24910. Rail cooperative research program.’’. we could do to make Amtrak an inte- ‘‘(b) CONTENT.—The program to be carried SEC. 306. PASSENGER RAIL SYSTEM COMPARISON gral part of the transportation system, out under this section shall include research STUDY. to make Amtrak easier and more reli- designed— (a) IN GENERAL.—Not later than 1 year able for the American people. They ‘‘(1) to identify the unique aspects and at- after the date of the enactment of this Act, asked us to do this, to give them relief. tributes of rail passenger and freight service; the Comptroller General of the United States I wish to say to Senator LOTT how ‘‘(2) to develop more accurate models for shall complete a study that compares the much I have appreciated working with evaluating the impact of rail passenger and passenger rail system in the United States freight service, including the effects on high- with the passenger rail systems in Canada, him—not only now, but we have done way and airport and airway congestion, envi- Germany, Great Britain, and Japan. so for a number of years. We have the ronmental quality, and energy consumption; (b) ISSUES TO BE STUDIED.—The study con- satisfaction of seeing this bill pass and ‘‘(3) to develop a better understanding of ducted under subsection (a) shall include a we hope on its way to becoming law. modal choice as it affects rail passenger and country-by-country comparison of— With 70 votes, this is a clear message freight transportation, including develop- (1) the development of high speed rail; about what the representatives of the ment of better models to predict utilization; (2) passenger rail operating costs; American people are saying. ‘‘(4) to recommend priorities for tech- (3) the amount and payment source of rail I thank Senator LOTT. It has been a nology demonstration and development; line construction and maintenance costs; pleasure working with him. As I am ‘‘(5) to meet additional priorities as deter- (4) the amount and payment source of sta- mined by the advisory board established sure he agrees, I look forward to hav- tion construction and maintenance costs; ing more opportunities to do things in under subsection (c), including any rec- (5) passenger rail debt service costs; ommendations made by the National Re- (6) passenger rail labor agreements and as- a bipartisan nature to help the Amer- search Council; sociated costs; ican people. They asked us for relief ‘‘(6) to explore improvements in manage- (7) the net profit realized by the major pas- and we are giving it to them—relief ment, financing, and institutional struc- senger rail service providers in each of the 4 from traffic congestion, relief from tures; most recent quarters; lines at the airports, and relief from ‘‘(7) to address rail capacity constraints (8) the percentage of the passenger rail sys- planes lined up on the tarmac. Today, that affect passenger and freight rail service tem’s costs that are paid from general gov- through a wide variety of options, ranging the Senate has said to American trav- ernment revenues; and elers: You will have another choice, from operating improvements to dedicated (9) the method used by the government to new infrastructure, taking into account the provide the subsidies described in paragraph and the choice is passenger rail. impact of such options on operations; (8). I am pleased to note the wide margin ‘‘(8) to improve maintenance, operations, (c) REPORT.—Not later than 180 days after by which the Passenger Rail Invest- customer service, or other aspects of inter- the completion of the study under subsection ment Improvement Act of 2007 has been city rail passenger and freight service; (a), the Comptroller General shall submit a approved in the Senate. The bill is ‘‘(9) to recommend objective methodologies report containing the findings of such study going to speed passenger rail service in for determining intercity passenger rail to— the United States into the 21st cen- routes and services, including the establish- (1) the Committee on Commerce, Science, ment of new routes, the elimination of exist- tury. and Transportation of the Senate; and ing routes, and the contraction or expansion There are many people I wish to (2) the Committee on Transportation and of services or frequencies over such routes; thank in addition to my friend and col- Infrastructure of the House of Representa- ‘‘(10) to review the impact of equipment league from Mississippi, the minority tives. and operational safety standards on the fur- whip, Senator LOTT, who has had a ther development of high speed passenger TITLE IV—MISCELLANEOUS long-standing commitment to pas- rail operations connected to or integrated SEC. 401. STRATEGIC PLAN ON EXPANDED senger rail service. with non-high speed freight or passenger rail CROSS-BORDER PASSENGER RAIL I also wish to thank Senator INOUYE, operations; SERVICE DURING THE 2010 OLYMPIC GAMES. chairman of the Senate Committee on ‘‘(11) to recommend any legislative or reg- Commerce, Science, and Transpor- ulatory changes necessary to foster further Not later than one year after the date of development and implementation of high the enactment of this Act, Amtrak shall, in tation, for giving me the privilege of speed passenger rail operations while ensur- consultation with the Secretary of Transpor- pursuing and managing this legisla- ing the safety of such operations that are tation, the Secretary of Homeland Security, tion. His confidence has always been connected to or integrated with non-high the Washington State Department of Trans- appreciated by me. speed freight or passenger rail operations; portation, and the owners of the relevant I thank the majority leader, HARRY and railroad infrastructure— REID, for his leadership and decisive- ‘‘(12) to review rail crossing safety im- (1) develop a strategic plan to facilitate ex- ness to work to bring our bill to the provements, including improvements using panded passenger rail service across the floor, and I thank his staff for their international border between the United new safety technology. support. In particular, the floor staff, ‘‘(c) ADVISORY BOARD.— States and Canada during the 2010 Olympic ‘‘(1) ESTABLISHMENT.—In consultation with Games on the Amtrak passenger rail route including Lula Davis, Marty Paone, the heads of appropriate Federal depart- between Vancouver, British Columbia, Can- Tim Mitchell, and Trisha Engle. On the ments and agencies, the Secretary shall es- ada, and Eugene, Oregon (commonly known Republican side, everybody was cooper- tablish an advisory board to recommend re- as ‘‘Amtrak Cascades’’); ative. I thank David Schiappa, Laura search, technology, and technology transfer (2) develop recommendations for the De- Dove, and Jodie Hernandez. activities related to rail passenger and partment of Homeland Security to process I also thank all of our cosponsors of freight transportation. efficiently rail passengers traveling on Am- the bill. I particularly wish to focus on ‘‘(2) MEMBERSHIP.—The advisory board trak Cascades across such international bor- Senator CARPER’s help and his hard shall include— der during the 2010 Olympic Games; and ‘‘(A) representatives of State transpor- (3) submit to Congress a report containing work and constant support for Amtrak, tation agencies; the strategic plan described in paragraph (1) along with all of our cosponsors’ dedi- ‘‘(B) transportation and environmental and the recommendations described in para- cation and commitment to improving economists, scientists, and engineers; and graph (2). travel in America.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13565 I thank Alex Kummant, the CEO of Getting legislation passed by this gave me a chance to read, to commu- Amtrak, and his government affairs body takes a lot of work, and these nicate, and even nod off for a couple of staff, including Joe McHugh and Caro- folks are to be commended. minutes. It was really a nice way to line Decker. Everyone knows our highways are travel. Passengers can work on laptops, I thank my staff, of which I am very jammed. We don’t have to tell them talk on the phone, walk around on the proud. They are always there, no mat- that from here. All they have to think train, and generally be productive. ter what the hours or the intensity of about is what time they get out of Riding the train also helps secure our the work are. They are there with their work and what time they get home and country’s future by improving the en- support, their knowledge and research what time do they have to leave in the vironment. Amtrak trains are on aver- and their constant concern for making morning to get to work on time. In age 17 percent more fuel efficient than sure we do things right. My staff in- New Jersey, the most densely popu- passenger airlines, and 21 percent more cludes David Matsuda, Dan Katz, Doug lated State in the country, we spend fuel efficient than passenger cars, ac- Mehan, and Meg Slachetka. 300 hours commuting by car every cording to the U.S. Department of En- Mr. LOTT. Mr. President, will the year. Fifteen percent of that time is ergy. Senator yield briefly? I have another wasted sitting in traffic, creating pol- Furthermore, trains produce fewer commitment off the floor. lution, creating anxiety, anger, frus- greenhouse gas emissions than cars, Mr. LAUTENBERG. Yes. tration, and bigger bills as gas prices trucks, and planes, and per mile loco- Mr. LOTT. Mr. President, I wish to go up at the same time. motives emit about 50 percent less car- acknowledge the Senator’s kind re- With more than 220 million vehicles bon dioxide than airplanes and still marks. It was a pleasure working with on the road and the population pro- less than automobiles. him on this legislation. It has been a jected to pass the 400 million mark be- Trains also save lives. If there was long time coming. I appreciate the ac- fore 2050, congestion will remain a ever a moment that demonstrated how tive involvement he has had, along major challenge if cars and trucks re- much America needed a passenger rail with other Senators on both sides of main the dominant mode of travel. system, it was in the wake of 9/11 and the aisle, including Senator CARPER of I mentioned earlier in this debate Hurricane Katrina. On 9/11, when our Delaware. that our population in 1971, when Am- airports were shut down, Amtrak was There is a long history of trying to trak was developed as a government able to get travelers back to their fam- get this passed freestanding through corporation, was 200 million. Now, ilies. On 9/11, airports were shut down. Am- the Senate. We have to give credit to barely 36 years later, we are 300 mil- trak was able to get travelers back to our leadership and to Senator REID in lion. We haven’t made much progress their families. During Hurricane particular. He had to make this hap- in upgrading our rail systems even Katrina, trains could have helped evac- pen. We tried last year repeatedly to after our country has grown by 100 mil- uate persons from those affected cities get it freestanding or to get a window lion people. if our Government was better prepared to offer it. We never could get it agreed And now we are feeling the effects. to employ them. Trains sat idly by to at that time. Senator REID carved Our skies are becoming jammed as waiting for passengers to come aboard out a pretty big block of time for a more planes take to the air. Last year to be taken away from the center of Transportation bill. He didn’t have to was the worst year for flight delays the hurricane, but they could not get do that. He deserves credit for that. since 2000. One in four planes were late. to the train. The Government wasn’t I also thank my staff, including Anne For travelers who fly, for instance, Marie Turner, who is here with me; there to lend a hand. between Washington and the New There is great enthusiasm for pas- Chris Bertram, who has been working York/New Jersey area, a 36-minute senger rail service in America. Am- with me for years; and Beth Spivey. flight often becomes 2 or more hours trak’s record ridership of 26 million Our staffs work together great. I am because of delays getting off the passengers last year can attest to that pleased with the Republicans who ground and, once there, getting off the fact. The potential of new railcars in voted for it and probably all of the plane. I once flew up to LaGuardia Air- our country is enormous. Efficient rail Democrats voted for it. I hope the port, and we waited an hour to get to service between Chicago and other House will act on this expeditiously. the gate. Midwest cities, such as St. Louis, De- This could be a big step in the right di- The airlines have admitted this and troit, and Cleveland would revolu- rection. I thank my colleagues on both have revised their schedules to reflect tionize the way people travel in an en- sides of the aisle for their cooperation. that now this 36-minute flight should tire vital region of our country. I hope we can do more of this sort of be expected to take 2 hours: 36 minutes Likewise, a proposed passenger rail thing in the future. I thank the Sen- in the air, and the rest of the time ad- line serving Atlanta, Charlotte, Rich- ator for letting me interrupt his re- miring the landscape, which is pretty mond, Washington, and points in be- marks. dismal when you see all these planes tween would allow people options be- Mr. LAUTENBERG. Not at all. I, too, lined up on the tarmac like cars in sides braving Interstate 95 traffic. thank Anne Marie Turner of Senator traffic. If we foster passenger rail service LOTT’s staff. She was always there, and Between lines of cars on the high- that is viable, reliable, and com- I could tell by the expression on her ways and long lines at the airports, fortable, many will choose rail as an face at a given moment whether we America’s travelers need and deserve alternative, and Amtrak’s record rider- were on the right or wrong track in another choice. The answer is a world- ship has proven that fact. talking about Amtrak. I also thank class passenger rail system. Today’s action by the Senate is a vic- Chris Bertram and Beth Spivey of his Riding a train saves people money. tory for anyone who is tired of sitting staff as well. The national average cost per gallon of in traffic or waiting in an airport and I thank the staff from the Senate gasoline is over $2.80 a gallon. I have for people who work so hard to make a Commerce Committee, including Ste- even heard estimates that we will see living and often live far away from phen Gardner, who is always so helpful oil at $200 a barrel before too long. work, far away from their homes. I re- and has extensive knowledge about When you look at all the benefits to member a conversation I had with a transportation. Chairman INOUYE was travelers, we see that riding a train man who worked in New York City who so gracious in making sure we were can save time, money, and congestion bought a house 50 miles away from his supported with the assistance of Mr. in other modes of transportation. job. His thought, he said, for him and Gardner. Also, I thank Melissa Porter, For instance, rail service often deliv- his family, in addition to seeing some who is on loan as a detailee from the ers passengers directly to where they green space, was that he would save Federal Railroad Administration; need to go, as train stations are more money, he would be able to put his Shira Bergstein, from Senator INOUYE’s frequently located in city centers. I children in a house with some room. majority staff; Betsy McDonnell and can tell my colleagues from personal Now when I see the same man, he is Dan Neuman, from Senator GORDON experience, since I road the train as re- distraught because of the cost for gaso- SMITH’s and Senator STEVENS’s Com- cently as this morning, that riding the line. The cost for the time lost in traf- mittee minority staff. train was a pleasurable experience. It fic outweighs the advantages he

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.049 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13566 CONGRESSIONAL RECORD — SENATE October 30, 2007 thought he would have. That is not an are beginning to ride trains more and It makes a whole lot of sense. If uncommon situation. more and why we need to provide sup- States believe they would rather spend Mr. President, I thank my colleagues porting leadership at the Federal level, their 20 percent on airports, roads, for their support and look forward to at the same time entering into partner- highways, or bridges, they can do that. completing this legislation in this Con- ship with State and local governments. But if they think rail makes sense as gress and getting it signed into law. The beauty behind this legislation is part of the solution, they can do that I look forward to hearing from our that the Federal Government says we as well with the same kind of incen- colleague, Senator CARPER from Dela- are going to take charge and upgrade tive. That is good. ware, who worked so hard and has for the Northeast corridor, bring it to a There are a bunch of long-distance many years. He is a frequent user, as state of good repair. In doing that, we trains that don’t make money; they they say of Amtrak, that is. We appre- unleash the potential in the Northeast lose money, quite a bit of money. We ciate his hard work and the oppor- corridor, including bringing in the have 16 long-distance trains in this tunity we shared to work together to more expensive high-speed Acela train country. We direct the Federal Rail- get this legislation considered and which I helped create as a member of road Administration to take five of passed today in the Senate. the Amtrak board when I was Governor those long-distance trains next year, I yield the floor. of Delaware, to the extent we can just five the year after that, and five the The PRESIDING OFFICER. The Sen- let them run at 100 miles an hour, 110, year after that and scrub them, look at ator from Delaware. maybe something close to 150 miles an them, look at what they are doing well Mr. CARPER. Mr. President, while hour. Their ontime performance is up and what they are doing badly and Senator LAUTENBERG is still on the to 90 percent, and we would like to what we need to do to reduce the floor, I wish to express my thanks and make it higher so we can fill up the amount of money we are spending to the thanks of my constituents in Dela- seats on the Acela. We are close to provide passenger rail service in those ware to him and Senator LOTT for the doing that. They can be a cash cow in areas. partnership they forged in bringing us generating revenues we need to support I don’t want to run trains if people to the reauthorization victory we cele- other passenger rail service in the don’t want to ride them. That is not brate this afternoon. Northeast corridor and in other parts what we should be about. The real se- Stephen Gardner is still on the floor. of the country. cret to doing well with passenger rail Stephen was a member of my personal One of the good provisions in this in this country and, frankly, other staff when I was first elected to the legislation is bringing the Northeast countries is to find those densely popu- Senate. He is succeeded by Beth corridor into a state of good repair and lated corridors. There are a lot of Osborne. We have a great working rela- authorizing money to be spent for that them. A lot are along the coast. Over tionship with him. He has great talent. purpose, for capital improvement. Am- half the people in our country live He is someone who has not just been in trak for years has been starved for cap- within 50 miles of one of our coasts. We Washington and the Senate, but he ital. Along with providing pay raises have corridors up and down the east worked for railroads in the past, in- for the employees, that is first and coast from Maine to Florida, the gulf cluding Amtrak. Given his experience, foremost what we need to do. coast, the west coast from San Diego he was invaluable in providing guid- A second major change in this legis- up to the Canadian border, up to Van- ance and support in this process. lation, for areas outside the corridor, couver, in fact. I wish to speak briefly, and then I am whether it is Tennessee or Colorado, in Passenger rail can do a lot to help us going to make a unanimous consent re- places where we have densely popu- there, particularly 300-, 400-mile quest that we go into morning business lated corridors, where the State and routes. People would just as soon ride a so that Senator ALEXANDER and I may local governments would actually like train on the Northeast corridor than to engage in a colloquy on another mat- to have high-speed or higher speed rail drive or take an airplane. ter. and run trains, maybe just for 200 miles Another thing that makes sense is Let me say this: I have come from a or 300 miles, and provide better service these corridors in our country, such as meeting at the other end of the Cap- such as they are doing out of Chicago Chicago to St. Louis—that is a great itol, that may still be going on, that and out of the west coast where rider- corridor and there are others like that started around 2 o’clock. I stayed for ship is up 10, 20, 30, even 40 percent— corridor in other parts of the country almost an hour and a half. The meeting States are involved in that partnership where passenger rail can be part of the involved members of organized labor with the Federal Government. solution. Those are the kinds of things and several leaders in the House of This legislation says if a Governor of we wanted to work on, to build. Representatives who have jurisdiction, a State—Senator ALEXANDER and I are Finally, some are interested in com- Democrat and Republican, over infra- former Governors. When we were Gov- petition for freight rail. If they want to structure and passenger rail. The meet- ernors, if we wanted to enter into an come in and run passenger rail service, ing was driven in part because of the agreement with the Federal Govern- under this legislation they can com- threat of a potential work stoppage on ment to build a new road or highway, pete if they want to. They are not our passenger rail system. It turns out the Federal Government would provide barred from competing. They have the that most Amtrak employees, hourly 80 percent. If we wanted to get im- opportunity to do that as well, and the workers who work in the shops and provements to our airports, the Fed- legislation encourages that kind of work on the trains, have not had a pay eral Government provided 80 percent of competition. raise in about 7 or 8 years. the money and the State provide 20 I will close with this comment. My That is not a good situation. In fact, percent. If we wanted improvements hope is that the reauthorizing legisla- I think it is a grossly unfair situation with respect to transit service, the tion we passed today will be warmly re- and very much a sad situation for them Federal Government would provide 50 ceived in the House. I think it will be. and for their families. percent, and the State would provide I am encouraged that it will be. My hope, and part of my encourage- half. Second, I hope it demonstrates to our ment and support for this legislation, But a better solution, a more cost-ef- colleagues, Republicans and Demo- is that I think it provides a roadmap fective solution, happens to be inter- crats, House and Senate, that we are for going forward with passenger rail city passenger rail, and the Federal not going to be business as usual at service in this country in the 21st cen- Government provided zero and the Amtrak. There is a new day and, frank- tury. We need a roadmap. State had to provide all the money. ly, a better business strategy going for- Senator LAUTENBERG and others have Even if intercity passenger rail was a ward. My hope is that confidence will spoken as to why we need to do things smarter solution, it received no sup- be reflected in greater appropriations differently—congestion on our high- port from the Federal Government. bills, in the House and in the Senate, ways and in our airports, in the skies, This bill changes that situation. It so Amtrak cannot only make the kinds enormous reliance on foreign oil, too puts passenger rail funding on the of investments in infrastructure for much bad stuff going into our air. same level as airports and the same Amtrak—rail, overhead wires, sig- There are all kinds of reasons people level as roads, highways, and bridges. naling systems, rolling stock—but also

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.050 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13567 to say to these folks who haven’t had a Ohio, both former mayors, Senator On the one hand, if you have been a pay raise in the last 7 years or so: We FEINSTEIN—a former mayor herself— Governor, as Senator CARPER and I are going to address that inequity too. Senator DORGAN, former revenue direc- have been, nothing makes you madder My hope is we can do all those, and tor for the State of North Dakota, and than for Members of Congress to stand the passage of this legislation will help Senator ROCKEFELLER, a former Gov- up with a big idea and say let’s put this us in that direction, plus reduce a little ernor of West Virginia, all of whom into law; let’s take credit for it and bit of our dependence on foreign oil, worked together as a team to try to send the bill to the Governors, to the plus reduce the emission of bad stuff bring us to this day, to where we are States and cities and the counties—be- into our air, reduce congestion at our today, the House has adopted legisla- cause usually we find that Senator or airports and in our skies and on our tion we passed last year, providing for Congressman back home in our States highways. a 7-year extension of the Internet tax making a big speech about local con- If we do all that we ought to declare moratorium. trol at the next Lincoln Day or Jack- victory. The thing I love most about Let me say to Senator ALEXANDER son or Jefferson Day dinner. what happened here this week and last what a real privilege it is for me to That is the principle of federalism on week on this bill is Democrats and Re- have an chance to work with you on all the one side: No more unfunded Federal publicans did it together; we actually kinds of issues, including this one. I mandates, is what we Republicans like worked together and I applaud the ef- thank you for that opportunity. to say. In fact, a whole bunch of Repub- forts of Senator LAUTENBERG and Sen- The PRESIDING OFFICER. Without licans, including Newt Gingrich, stood ator LOTT and I especially wish to say objection, the Senators from Tennessee up on the U.S. Capitol steps in 1994 and thanks to our leader, Senator REID, for and Delaware may engage in a col- said: No more unfunded mandates. If making time on the schedule for us to loquy. we break our promise, throw us out. have this debate, to follow through on The Senator from Tennessee is recog- The New Republican Congress passed a it; and my colleagues on both sides who nized. law in 1995, S. 1 it was called, no more participated in the debate and offered Mr. ALEXANDER. Mr. President, I unfunded mandates, that is the law of reasonable amendments, some of which thank the Senator from Delaware. He the land. If Congress wants to order were adopted. This place actually func- has provided extraordinary leadership States and local governments to do it, tioned the way I think people of this as a former chairman of the National Congress should pay for it. country expect us to. Governors Association on the legisla- That was the principle of federalism. f tion that was passed. Let me be spe- But on the other hand, we had the prin- cific about what has been done. ciple of—let’s say laissez faire, for lack MORNING BUSINESS Last Thursday, the Senate worked of a better word. If you have been in Mr. CARPER. Mr. President, I ask out a compromise and passed legisla- business or helped to start a business, unanimous consent that the Senate tion to extend for 7 more years the as I also have, you want as little tax- now proceed to a period of morning moratorium on the taxation of access ation as possible and as much certainty business, with Senators permitted to to the Internet. That was called the as possible. As the Internet grows and speak therein for up to 10 minutes Sununu-Carper amendment, the Sen- develops, from the very beginning, it each. ator from New Hampshire and the Sen- was thought it ought to be as free as The PRESIDING OFFICER. Without ator from Delaware. It was an amend- possible from multiple regulations and objection, it is so ordered. ment to the 4-year extension that the taxes from State and local govern- f House of Representatives passed on Oc- ments. So that produced the kind of de- tober 16 by a vote of 405 to 2. I was glad bate that often comes to the floor of INTERNET TAX MORATORIUM to be a cosponsor of the Sununu-Carper the Senate, those saying on the one Mr. CARPER. I further ask unani- amendment. Hopefully, the House will hand: Wait a minute, let’s leave the mous consent that Senator ALEXANDER vote on that legislation today, if it has Internet alone. Let’s let it grow. Let’s and I be allowed to participate in a col- not already, so the President can sign keep the State and local governments loquy for 10 minutes apiece, up to 10 it into law before the moratorium ex- from taxing it, or at least from taxing minutes apiece for a total of up to 20 pires on November 1, which is this access to it. And on the other hand, the minutes. I think what I would like to Thursday. States, the Governors and the mayors do initially is yield, if I could, to Sen- At the invitation of the Senator from and the city councilmen—many of us ator ALEXANDER for his comments and Delaware, let me try to put this accom- have been in those positions before— whatever he would like to say. plishment into a little larger perspec- saying: Wait a minute, it is not the job While he comes to his feet to speak tive. Above the Senator from Colorado, of Congress to say to Colorado or Dela- first, let me say, I think the people in who is the Presiding Officer, is a few ware or Tennessee: You must have this the country want us to work together. words that have been our country’s na- service or you can’t tax food or you We have Democrats, we have Repub- tional motto, ‘‘E Pluribus Unum,’’ one can’t tax income or you can’t put a licans, we have Independents in this from many. sales tax on Internet access. country, and we realize we are not How do we make this country one In 2003 and 2004, we had a huge debate going to agree on everything. People from many? Not by race or not by de- about the last extension of the Internet realize that, but when we can agree, scent but because we agree on a few access tax moratorium and came to a they want us to do that. They want us principles. We have a common lan- conclusion. At that time, Senator CAR- to use common sense, take the oppor- guage, and we have a common history. PER and I asked the industry, the com- tunity to work across the aisle and A very wise professor, Samuel P. panies, to sit down with the National make sure that common sense is re- Huntington, at Harvard, who was a Governors Association, the National flected, whether it is passenger rail former President of the American Po- Conference of Mayors, the National As- service or the interest or noninterest litical Science Association, said: sociation of Counties and take these in providing people protection from Much of our politics is about conflicts be- principles—federalism on the one side, having their Internet access taxed, tween principles with which all of us agree. laissez faire on the other—and suggest their e-mail traffic taxed, their instant For example, if we were debating im- to us some ways we could craft legisla- messaging taxed. migration, we might say ‘‘equal oppor- tion that recognized we all agree with I have had the great privilege of tunity’’ on the one hand, ‘‘rule of law’’ both principles. We need to find a way working with Senator ALEXANDER for 3 on the other. We all agree with both to put the principles together. That is or 4 years—in some cases maybe longer principles, but they conflict so we have what this compromise did. than we would like to remember—on an argument. That is what happened I will let the Senator from Delaware the issue of tax moratorium, but he has with the question of whether the Fed- explain a little more about the details been a great partner, and I especially eral Government should pass a law to of it, but if he doesn’t mind, I will go want to thank him for letting me be extend a moratorium that says States, ahead a few more minutes and give a his partner and say to Senator ENZI of cities, and counties cannot tax access couple of examples of why the com- Wyoming and Senator VOINOVICH of to the Internet. promise is a good idea. Fundamentally,

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