In the House of Representatives, U. S., 

September 24, 2008. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 2095) entitled ‘‘An Act to amend 

title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases, to authorize the 

Federal Railroad Safety Administration, and for other purposes.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 DIVISION A—RAIL SAFETY 

2 SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT 

3 OF TITLE 49. 

4 (a) SHORT TITLE.—This division may be cited as the 

5 ‘‘Rail Safety Improvement Act of 2008’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this division is as follows: 

Sec. 1. Short title; table of contents; amendment of title 49. 

Sec. 2. Definitions. 

Sec. 3. Authorization of appropriations. 

TITLE I—RAILROAD SAFETY IMPROVEMENTS 

Sec. 101. Federal Railroad Administration officers and duties. 

Sec. 102. Railroad safety strategy. 

Sec. 103. Railroad safety risk reduction program. 

Sec. 104. Implementation of positive train control. 

Sec. 105. Railroad safety technology grants. 

Sec. 106. Reports on statutory mandates and recommendations. 

Sec. 107. Rulemaking process. 
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Sec. 108. Hours-of-service reform. 

Sec. 109. Protection of railroad safety risk analyses information. 

Sec. 110. Pilot projects. 

TITLE II—HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN 

SAFETY AND TRESPASSER PREVENTION 

Sec. 201. Pedestrian crossing safety. 

Sec. 202. State action plans. 

Sec. 203. Improvements to sight distance at highway-rail grade crossings. 

Sec. 204. National crossing inventory. 

Sec. 205. Telephone number to report grade crossing problems. 

Sec. 206. Operation Lifesaver. 

Sec. 207. Federal grants to States for highway-rail grade crossing safety. 

Sec. 208. Trespasser prevention and highway-rail grade crossing safety. 

Sec. 209. Accident and incident reporting. 

Sec. 210. Fostering introduction of new technology to improve safety at highwayrail grade crossings. 

TITLE III—FEDERAL RAILROAD ADMINISTRATION 

Sec. 301. Human capital increases. 

Sec. 302. Civil penalty increases. 

Sec. 303. Enforcement report. 

Sec. 304. Expansion of emergency order authority. 

Sec. 305. Prohibition of individuals from performing safety-sensitive functions for 

a violation of hazardous materials transportation law. 

Sec. 306. Railroad radio monitoring authority. 

Sec. 307. Update of Federal Railroad Administration’s website. 

Sec. 308. Emergency waivers. 

Sec. 309. Enforcement by the Attorney General. 

Sec. 310. Criminal penalties. 

TITLE IV—RAILROAD SAFETY ENHANCEMENTS 

Sec. 401. Minimum training standards and plans. 

Sec. 402. Certification of certain crafts or classes of employees. 

Sec. 403. Track inspection time study. 

Sec. 404. Study of methods to improve or correct station platform gaps. 

Sec. 405. Locomotive cab studies. 

Sec. 406. Development and use of rail safety technology. 

Sec. 407. Unified treatment of families of railroad carriers. 

Sec. 408. Study of repeal of Conrail provision. 

Sec. 409. Limitations on non-Federal alcohol and drug testing by railroad carriers. 

Sec. 410. Critical incident stress plan. 

Sec. 411. Railroad carrier employee exposure to radiation study. 

Sec. 412. Alcohol and controlled substance testing for maintenance-of-way employees. 

Sec. 413. Emergency escape breathing apparatus. 

Sec. 414. Tunnel information. 

Sec. 415. Museum locomotive study. 

Sec. 416. Safety inspections in Mexico. 

Sec. 417. Railroad bridge safety assurance. 

Sec. 418. Railroad safety infrastructure improvement grants. 

Sec. 419. Prompt medical attention. 
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Sec. 420. Employee sleeping quarters. 

TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE 

Sec. 501. Assistance by National Transportation Safety Board to families of passengers involved in rail passenger accidents. 

Sec. 502. Rail passenger carrier plan to assist families of passengers involved in 

rail passenger accidents. 

Sec. 503. Establishment of task force. 

TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID 

WASTE FACILITIES 

Sec. 601. Short title. 

Sec. 602. Clarification of general jurisdiction over solid waste transfer facilities. 

Sec. 603. Regulation of solid waste rail transfer facilities. 

Sec. 604. Solid waste rail transfer facility land-use exemption authority. 

Sec. 605. Effect on other statutes and authorities. 

TITLE VII—TECHNICAL CORRECTIONS 

Sec. 701. Technical corrections. 

1 (c) AMENDMENT OF TITLE 49.—Except as otherwise 

2 expressly provided, whenever in this division an amend3 ment or repeal is expressed in terms of an amendment to, 

4 or a repeal of, a section or other provision, the reference 

5 shall be considered to be made to a section or other provi6 sion of title 49, United States Code. 

7 SEC. 2. DEFINITIONS. 

8 (a) IN GENERAL.—In this division: 

9 (1) CROSSING.—The term ‘‘crossing’’ means a lo10 cation within a State, other than a location where 

11 one or more railroad tracks cross one or more rail12 road tracks at grade where— 

13 (A) a public highway, road, or street, or a 

14 private roadway, including associated sidewalks 

15 and pathways, crosses one or more railroad 

16 tracks either at grade or grade-separated; or 
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1 (B) a pathway explicitly authorized by a 

2 public authority or a railroad carrier that is 

3 dedicated for the use of nonvehicular traffic, in4 cluding pedestrians, bicyclists, and others, that is 

5 not associated with a public highway, road, or 

6 street, or a private roadway, crosses one or more 

7 railroad tracks either at grade or grade-sepa8 rated. 

9 (2) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of Transportation. 

11 (3) RAILROAD.—The term ‘‘railroad’’ has the 

12 meaning given that term by section 20102 of title 49, 

13 United States Code. 

14 (4) RAILROAD CARRIER.—The term ‘‘railroad 

15 carrier’’ has the meaning given that term by section 

16 20102 of title 49, United States Code. 

17 (5) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Transportation. 

19 (6) STATE.—The term ‘‘State’’ means a State of 

20 the United States, the District of Columbia, or the 

21 Commonwealth of Puerto Rico. 

22 (b) IN TITLE 49.—Section 20102 is amended— 

23 (1) by redesignating paragraphs (1) and (2) as 

24 paragraphs (2) and (3), respectively; 
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1 (2) by inserting before paragraph (2), as redesig2 nated, the following: 

3 ‘‘(1) ‘Class I railroad’, ‘Class II railroad’, and 

4 ‘Class III railroad’ mean railroad carriers that have 

5 annual carrier operating revenues that meet the 

6 threshold amount for Class I carriers, Class II car7 riers, and Class III carriers, respectively, as deter8 mined by the Surface Transportation Board under 

9 section 1201.1-1 of title 49, Code of Federal Regula10 tions.’’; and 

11 (3) by adding at the end thereof the following: 

12 ‘‘(4) ‘safety-related railroad employee’ means— 

13 ‘‘(A) a railroad employee who is subject to 

14 chapter 211; 

15 ‘‘(B) another operating railroad employee 

16 who is not subject to chapter 211; 

17 ‘‘(C) an employee who maintains the right 

18 of way of a railroad; 

19 ‘‘(D) an employee of a railroad carrier who 

20 is a hazmat employee as defined in section 

21 5102(3) of this title; 

22 ‘‘(E) an employee who inspects, repairs, or 

23 maintains locomotives, passenger cars, or freight 

24 cars; and 
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1 ‘‘(F) any other employee of a railroad car2 rier who directly affects railroad safety, as deter3 mined by the Secretary.’’. 

4 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

5 Section 20117(a) of title 49, United States Code, is 

6 amended to read as follows: 

7 ‘‘(a) IN GENERAL.—(1) There are authorized to be ap8 propriated to the Secretary of Transportation to carry out 

9 this part and to carry out responsibilities under chapter 

10 51 as delegated or authorized by the Secretary— 

11 ‘‘(A) $225,000,000 for fiscal year 2009; 

12 ‘‘(B) $245,000,000 for fiscal year 2010; 

13 ‘‘(C) $266,000,000 for fiscal year 2011; 

14 ‘‘(D) $289,000,000 for fiscal year 2012; and 

15 ‘‘(E) $293,000,000 for fiscal year 2013. 

16 ‘‘(2) With amounts appropriated pursuant to para17 graph (1), the Secretary shall purchase Gage Restraint 

18 Measurement System vehicles and track geometry vehicles 

19 or other comparable technology as needed to assess track 

20 safety consistent with the results of the track inspection 

21 study required by section 403 of the Rail Safety Improve22 ment Act of 2008. 

23 ‘‘(3) There are authorized to be appropriated to the 

24 Secretary $18,000,000 for the period encompassing fiscal 

25 years 2009 through 2013 to design, develop, and construct 
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1 the Facility for Underground Rail Station and Tunnel at 

2 the Transportation Technology Center in Pueblo, Colorado. 

3 The facility shall be used to test and evaluate the 

4 vulnerabilities of above-ground and underground rail tun5 nels to prevent accidents and incidents in such tunnels, to 

6 mitigate and remediate the consequences of any such acci7 dents or incidents, and to provide a realistic scenario for 

8 training emergency responders. 

9 ‘‘(4) Such sums as may be necessary from the amount 

10 appropriated pursuant to paragraph (1) for each of the fis11 cal years 2009 through 2013 shall be made available to the 

12 Secretary for personnel in regional offices and in Wash13 ington, D.C., whose duties primarily involve rail security.’’. 

14 TITLE I—RAILROAD SAFETY 

15 IMPROVEMENTS 

16 SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS 

17 AND DUTIES. 

18 Section 103 is amended by striking subsections (b) 

19 through (e) and inserting the following: 

20 ‘‘(c) SAFETY AS HIGHEST PRIORITY.—In carrying out 

21 its duties, the Administration shall consider the assignment 

22 and maintenance of safety as the highest priority, recog23 nizing the clear intent, encouragement, and dedication of 

24 Congress to the furtherance of the highest degree of safety 

25 in railroad transportation. 
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1 ‘‘(d) ADMINISTRATOR.—The head of the Administra2 tion shall be the Administrator who shall be appointed by 

3 the President, by and with the advice and consent of the 

4 Senate, and shall be an individual with professional experi5 ence in railroad safety, hazardous materials safety, or other 

6 transportation safety. The Administrator shall report di7 rectly to the Secretary of Transportation. 

8 ‘‘(e) DEPUTY ADMINISTRATOR.—The Administration 

9 shall have a Deputy Administrator who shall be appointed 

10 by the Secretary. The Deputy Administrator shall carry out 

11 duties and powers prescribed by the Administrator. 

12 ‘‘(f) CHIEF SAFETY OFFICER.—The Administration 

13 shall have an Associate Administrator for Railroad Safety 

14 appointed in the career service by the Secretary. The Asso15 ciate Administrator shall be the Chief Safety Officer of the 

16 Administration. The Associate Administrator shall carry 

17 out the duties and powers prescribed by the Administrator. 

18 ‘‘(g) DUTIES AND POWERS OF THE ADMINISTRATOR.— 

19 The Administrator shall carry out— 

20 ‘‘(1) duties and powers related to railroad safety 

21 vested in the Secretary by section 20134(c) and chap22 ters 203 through 211 of this title, and by chapter 213 

23 of this title for carrying out chapters 203 through 

24 211; 
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1 ‘‘(2) the duties and powers related to railroad 

2 policy and development under subsection (j); and 

3 ‘‘(3) other duties and powers prescribed by the 

4 Secretary. 

5 ‘‘(h) LIMITATION.—A duty or power specified in sub6 section (g)(1) may be transferred to another part of the De7 partment of Transportation or another Federal Government 

8 entity only when specifically provided by law. A decision 

9 of the Administrator in carrying out the duties or powers 

10 of the Administration and involving notice and hearing re11 quired by law is administratively final. 

12 ‘‘(i) AUTHORITIES.—Subject to the provisions of sub13 title I of title 40 and title III of the Federal Property and 

14 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), 

15 the Secretary of Transportation may make, enter into, and 

16 perform such contracts, grants, leases, cooperative agree17 ments, and other similar transactions with Federal or other 

18 public agencies (including State and local governments) 

19 and private organizations and persons, and make such pay20 ments, by way of advance or reimbursement, as the Sec21 retary may determine to be necessary or appropriate to 

22 carry out functions at the Administration. The authority 

23 of the Secretary granted by this subsection shall be carried 

24 out by the Administrator. Notwithstanding any other provi25 sion of this chapter, no authority to enter into contracts 
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1 or to make payments under this subsection shall be effective, 

2 except as provided for in appropriations Acts.’’. 

3 SEC. 102. RAILROAD SAFETY STRATEGY. 

4 (a) SAFETY GOALS.—In conjunction with existing fed5 erally-required and voluntary strategic planning efforts on6 going at the Department and the Federal Railroad Admin7 istration as of the date of enactment of this Act, the Sec8 retary shall develop a long-term strategy for improving 

9 railroad safety to cover a period of not less than 5 years. 

10 The strategy shall include an annual plan and schedule for 

11 achieving, at a minimum, the following goals: 

12 (1) Reducing the number and rates of accidents, 

13 incidents, injuries, and fatalities involving railroads 

14 including train collisions, derailments, and human 

15 factors. 

16 (2) Improving the consistency and effectiveness of 

17 enforcement and compliance programs. 

18 (3) Improving the identification of high-risk 

19 highway-rail grade crossings and strengthening en20 forcement and other methods to increase grade cross21 ing safety. 

22 (4) Improving research efforts to enhance and 

23 promote railroad safety and performance. 

24 (5) Preventing railroad trespasser accidents, in25 cidents, injuries, and fatalities. 
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1 (6) Improving the safety of railroad bridges, tun2 nels, and related infrastructure to prevent accidents, 

3 incidents, injuries, and fatalities caused by cata4 strophic failures and other bridge and tunnel failures. 

5 (b) RESOURCE NEEDS.—The strategy and annual 

6 plan shall include estimates of the funds and staff resources 

7 needed to accomplish the goals established by subsection (a). 

8 Such estimates shall also include the staff skills and train9 ing required for timely and effective accomplishment of each 

10 such goal. 

11 (c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 

12 The Secretary shall submit the strategy and annual plan 

13 to the Senate Committee on Commerce, Science, and Trans14 portation and the House of Representatives Committee on 

15 Transportation and Infrastructure at the same time as the 

16 President’s budget submission. 

17 (d) ACHIEVEMENT OF GOALS.— 

18 (1) PROGRESS ASSESSMENT.—No less frequently 

19 than annually, the Secretary shall assess the progress 

20 of the Department toward achieving the strategic 

21 goals described in subsection (a). The Secretary shall 

22 identify any deficiencies in achieving the goals within 

23 the strategy and develop and institute measures to re24 mediate such deficiencies. The Secretary and the Ad25 ministrator shall convey their assessment to the em-
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1 ployees of the Federal Railroad Administration and 

2 shall identify any deficiencies that should be remedi3 ated before the next progress assessment. 

4 (2) REPORT TO CONGRESS.—Beginning in 2009, 

5 not later than November 1 of each year, the Secretary 

6 shall transmit a report to the Senate Committee on 

7 Commerce, Science, and Transportation and the 

8 House of Representatives Committee on Transpor9 tation and Infrastructure on the performance of the 

10 Federal Railroad Administration containing the 

11 progress assessment required by paragraph (1) toward 

12 achieving the goals of the railroad safety strategy and 

13 annual plans under subsection (a). 

14 SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM. 

15 (a) IN GENERAL.—Subchapter II of chapter 201 is 

16 amended by adding at end thereof the following: 

17 ‘‘§ 20156. Railroad safety risk reduction program 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) PROGRAM REQUIREMENT.—Not later than 4 

20 years after the date of enactment of the Rail Safety 

21 Improvement Act of 2008, the Secretary of Transpor22 tation, by regulation, shall require each railroad car23 rier that is a Class I railroad, a railroad carrier that 

24 has inadequate safety performance (as determined by 

25 the Secretary), or a railroad carrier that provides 
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1 intercity rail passenger or commuter rail passenger 

2 transportation— 

3 ‘‘(A) to develop a railroad safety risk reduc4 tion program under subsection (d) that system5 atically evaluates railroad safety risks on its sys6 tem and manages those risks in order to reduce 

7 the numbers and rates of railroad accidents, in8 cidents, injuries, and fatalities; 

9 ‘‘(B) to submit its program, including any 

10 required plans, to the Secretary for review and 

11 approval; and 

12 ‘‘(C) to implement the program and plans 

13 approved by the Secretary. 

14 ‘‘(2) RELIANCE ON PILOT PROGRAM.—The Sec15 retary may conduct behavior-based safety and other 

16 research, including pilot programs, before promul17 gating regulations under this subsection and there18 after. The Secretary shall use any information and 

19 experience gathered through such research and pilot 

20 programs under this subsection in developing regula21 tions under this section. 

22 ‘‘(3) REVIEW AND APPROVAL.—The Secretary 

23 shall review and approve or disapprove railroad safe24 ty risk reduction program plans within a reasonable 

25 period of time. If the proposed plan is not approved, 
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1 the Secretary shall notify the affected railroad carrier 

2 as to the specific areas in which the proposed plan is 

3 deficient, and the railroad carrier shall correct all de4 ficiencies within a reasonable period of time following 

5 receipt of written notice from the Secretary. The Sec6 retary shall annually conduct a review to ensure that 

7 the railroad carriers are complying with their plans. 

8 ‘‘(4) VOLUNTARY COMPLIANCE.—A railroad car9 rier that is not required to submit a railroad safety 

10 risk reduction program under this section may volun11 tarily submit a program that meets the requirements 

12 of this section to the Secretary. The Secretary shall 

13 approve or disapprove any program submitted under 

14 this paragraph. 

15 ‘‘(b) CERTIFICATION.—The chief official responsible for 

16 safety of each railroad carrier required to submit a railroad 

17 safety risk reduction program under subsection (a) shall 

18 certify that the contents of the program are accurate and 

19 that the railroad carrier will implement the contents of the 

20 program as approved by the Secretary. 

21 ‘‘(c) RISK ANALYSIS.—In developing its railroad safe22 ty risk reduction program each railroad carrier required 

23 to submit such a program pursuant to subsection (a) shall 

24 identify and analyze the aspects of its railroad, including 

25 operating rules and practices, infrastructure, equipment, 
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1 employee levels and schedules, safety culture, management 

2 structure, employee training, and other matters, including 

3 those not covered by railroad safety regulations or other 

4 Federal regulations, that impact railroad safety. 

5 ‘‘(d) PROGRAM ELEMENTS.— 

6 ‘‘(1) IN GENERAL.—Each railroad carrier re7 quired to submit a railroad safety risk reduction pro8 gram under subsection (a) shall develop a comprehen9 sive safety risk reduction program to improve safety 

10 by reducing the number and rates of accidents, inci11 dents, injuries, and fatalities that is based on the risk 

12 analysis required by subsection (c) through— 

13 ‘‘(A) the mitigation of aspects that increase 

14 risks to railroad safety; and 

15 ‘‘(B) the enhancement of aspects that de16 crease risks to railroad safety. 

17 ‘‘(2) REQUIRED COMPONENTS.—Each railroad 

18 carrier’s safety risk reduction program shall include 

19 a risk mitigation plan in accordance with this sec20 tion, a technology implementation plan that meets the 

21 requirements of subsection (e), and a fatigue manage22 ment plan that meets the requirements of subsection 

23 (f). 

24 ‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.— 
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1 ‘‘(1) IN GENERAL.—As part of its railroad safety 

2 risk reduction program, a railroad carrier required to 

3 submit a railroad safety risk reduction program 

4 under subsection (a) shall develop, and periodically 

5 update as necessary, a 10-year technology implemen6 tation plan that describes the railroad carrier’s plan 

7 for development, adoption, implementation, mainte8 nance, and use of current, new, or novel technologies 

9 on its system over a 10-year period to reduce safety 

10 risks identified under the railroad safety risk reduc11 tion program. Any updates to the plan are subject to 

12 review and approval by the Secretary. 

13 ‘‘(2) TECHNOLOGY ANALYSIS.—A railroad car14 rier’s technology implementation plan shall include 

15 an analysis of the safety impact, feasibility, and cost 

16 and benefits of implementing technologies, including 

17 processor-based technologies, positive train control 

18 systems (as defined in section 20157(i)), electronically 

19 controlled pneumatic brakes, rail integrity inspection 

20 systems, rail integrity warning systems, switch posi21 tion monitors and indicators, trespasser prevention 

22 technology, highway-rail grade crossing technology, 

23 and other new or novel railroad safety technology, as 

24 appropriate, that may mitigate risks to railroad safe-
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1 ty identified in the risk analysis required by sub2 section (c). 

3 ‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad 

4 carrier’s technology implementation plan shall con5 tain a prioritized implementation schedule for the de6 velopment, adoption, implementation, and use of cur7 rent, new, or novel technologies on its system to re8 duce safety risks identified under the railroad safety 

9 risk reduction program. 

10 ‘‘(4) POSITIVE TRAIN CONTROL.—Except as re11 quired by section 20157 (relating to the requirements 

12 for implementation of positive train control systems), 

13 the Secretary shall ensure that— 

14 ‘‘(A) each railroad carrier’s technology im15 plementation plan required under paragraph (1) 

16 that includes a schedule for implementation of a 

17 positive train control system complies with that 

18 schedule; and 

19 ‘‘(B) each railroad carrier required to sub20 mit such a plan implements a positive train 

21 control system pursuant to such plan by Decem22 ber 31, 2018. 

23 ‘‘(f) FATIGUE MANAGEMENT PLAN.— 

24 ‘‘(1) IN GENERAL.—As part of its railroad safety 

25 risk reduction program, a railroad carrier required to 
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1 submit a railroad safety risk reduction program 

2 under subsection (a) shall develop and update at least 

3 once every 2 years a fatigue management plan that 

4 is designed to reduce the fatigue experienced by safe5 ty-related railroad employees and to reduce the likeli6 hood of accidents, incidents, injuries, and fatalities 

7 caused by fatigue. Any such update shall be subject to 

8 review and approval by the Secretary. 

9 ‘‘(2) TARGETED FATIGUE COUNTERMEASURES.— 

10 A railroad carrier’s fatigue management plan shall 

11 take into account the varying circumstances of oper12 ations by the railroad on different parts of its system, 

13 and shall prescribe appropriate fatigue counter14 measures to address those varying circumstances. 

15 ‘‘(3) ADDITIONAL ELEMENTS.—A railroad shall 

16 consider the need to include in its fatigue manage17 ment plan elements addressing each of the following 

18 items, as applicable: 

19 ‘‘(A) Employee education and training on 

20 the physiological and human factors that affect 

21 fatigue, as well as strategies to reduce or miti22 gate the effects of fatigue, based on the most cur23 rent scientific and medical research and lit24 erature. 
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1 ‘‘(B) Opportunities for identification, diag2 nosis, and treatment of any medical condition 

3 that may affect alertness or fatigue, including 

4 sleep disorders. 

5 ‘‘(C) Effects on employee fatigue of an em6 ployee’s short-term or sustained response to 

7 emergency situations, such as derailments and 

8 natural disasters, or engagement in other inten9 sive working conditions. 

10 ‘‘(D) Scheduling practices for employees, in11 cluding innovative scheduling practices, on-duty 

12 call practices, work and rest cycles, increased 

13 consecutive days off for employees, changes in 

14 shift patterns, appropriate scheduling practices 

15 for varying types of work, and other aspects of 

16 employee scheduling that would reduce employee 

17 fatigue and cumulative sleep loss. 

18 ‘‘(E) Methods to minimize accidents and in19 cidents that occur as a result of working at times 

20 when scientific and medical research have shown 

21 increased fatigue disrupts employees’ circadian 

22 rhythm. 

23 ‘‘(F) Alertness strategies, such as policies on 

24 napping, to address acute drowsiness and fatigue 

25 while an employee is on duty. 
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1 ‘‘(G) Opportunities to obtain restful sleep at 

2 lodging facilities, including employee sleeping 

3 quarters provided by the railroad carrier. 

4 ‘‘(H) The increase of the number of consecu5 tive hours of off-duty rest, during which an em6 ployee receives no communication from the em7 ploying railroad carrier or its managers, super8 visors, officers, or agents. 

9 ‘‘(I) Avoidance of abrupt changes in rest cy10 cles for employees. 

11 ‘‘(J) Additional elements that the Secretary 

12 considers appropriate. 

13 ‘‘(g) CONSENSUS.— 

14 ‘‘(1) IN GENERAL.—Each railroad carrier re15 quired to submit a railroad safety risk reduction pro16 gram under subsection (a) shall consult with, employ 

17 good faith and use its best efforts to reach agreement 

18 with, all of its directly affected employees, including 

19 any non-profit employee labor organization rep20 resenting a class or craft of directly affected employees 

21 of the railroad carrier, on the contents of the safety 

22 risk reduction program. 

23 ‘‘(2) STATEMENT.—If the railroad carrier and 

24 its directly affected employees, including any non25 profit employee labor organization representing a 
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1 class or craft of directly affected employees of the rail2 road carrier, cannot reach consensus on the proposed 

3 contents of the plan, then directly affected employees 

4 and such organization may file a statement with the 

5 Secretary explaining their views on the plan on 

6 which consensus was not reached. The Secretary shall 

7 consider such views during review and approval of 

8 the program. 

9 ‘‘(h) ENFORCEMENT.—The Secretary shall have the 

10 authority to assess civil penalties pursuant to chapter 213 

11 for a violation of this section, including the failure to sub12 mit, certify, or comply with a safety risk reduction pro13 gram, risk mitigation plan, technology implementation 

14 plan, or fatigue management plan.’’. 

15 (b) CONFORMING AMENDMENT.—The chapter analysis 

16 for chapter 201 is amended by inserting after the item relat17 ing to section 20155 the following: 

‘‘20156. Railroad safety risk reduction program.’’. 

18 SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL. 

19 (a) IN GENERAL.—Subchapter II of chapter 201, as 

20 amended by section 103 of this division, is further amended 

21 by adding at the end thereof the following: 

22 ‘‘§ 20157. Implementation of positive train control sys23 tems 

24 ‘‘(a) IN GENERAL.— 
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1 ‘‘(1) PLAN REQUIRED.—Not later than 18 

2 months after the date of enactment of the Rail Safety 

3 Improvement Act of 2008, each Class I railroad car4 rier and each entity providing regularly scheduled 

5 intercity or commuter rail passenger transportation 

6 shall develop and submit to the Secretary of Trans7 portation a plan for implementing a positive train 

8 control system by December 31, 2015, governing oper9 ations on— 

10 ‘‘(A) its main line over which intercity rail 

11 passenger transportation or commuter rail pas12 senger transportation, as defined in section 

13 24102, is regularly provided; 

14 ‘‘(B) its main line over which poison- or 

15 toxic-by-inhalation hazardous materials, as de16 fined in parts 171.8, 173.115, and 173.132 of 

17 title 49, Code of Federal Regulations, are trans18 ported; and 

19 ‘‘(C) such other tracks as the Secretary may 

20 prescribe by regulation or order. 

21 ‘‘(2) IMPLEMENTATION.—The plan shall describe 

22 how it will provide for interoperability of the system 

23 with movements of trains of other railroad carriers 

24 over its lines and shall, to the extent practical, imple25 ment the system in a manner that addresses areas of 
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1 greater risk before areas of lesser risk. The railroad 

2 carrier shall implement a positive train control sys3 tem in accordance with the plan. 

4 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may 

5 provide technical assistance and guidance to railroad car6 riers in developing the plans required under subsection (a). 

7 ‘‘(c) REVIEW AND APPROVAL.—Not later than 90 days 

8 after the Secretary receives a plan, the Secretary shall re9 view and approve or disapprove it. If the proposed plan 

10 is not approved, the Secretary shall notify the affected rail11 road carrier or other entity as to the specific areas in which 

12 the proposed plan is deficient, and the railroad carrier or 

13 other entity shall correct all deficiencies within 30 days fol14 lowing receipt of written notice from the Secretary. The Sec15 retary shall annually conduct a review to ensure that the 

16 railroad carriers are complying with their plans. 

17 ‘‘(d) REPORT.—Not later than December 31, 2012, the 

18 Secretary shall transmit a report to the Committee on 

19 Transportation and Infrastructure of the House of Rep20 resentatives and the Committee on Commerce, Science, and 

21 Transportation of the Senate on the progress of the railroad 

22 carriers in implementing such positive train control sys23 tems. 

24 ‘‘(e) ENFORCEMENT.—The Secretary is authorized to 

25 assess civil penalties pursuant to chapter 213 for a viola-
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1 tion of this section, including the failure to submit or com2 ply with a plan for implementing positive train control 

3 under subsection (a). 

4 ‘‘(f) OTHER RAILROAD CARRIERS.—Nothing in this 

5 section restricts the discretion of the Secretary to require 

6 railroad carriers other than those specified in subsection (a) 

7 to implement a positive train control system pursuant to 

8 this section or section 20156, or to specify the period by 

9 which implementation shall occur that does not exceed the 

10 time limits established in this section or section 20156. In 

11 exercising such discretion, the Secretary shall, at a min12 imum, consider the risk to railroad employees and the pub13 lic associated with the operations of the railroad carrier. 

14 ‘‘(g) REGULATIONS.—The Secretary shall prescribe 

15 regulations or issue orders necessary to implement this sec16 tion, including regulations specifying in appropriate tech17 nical detail the essential functionalities of positive train 

18 control systems, and the means by which those systems will 

19 be qualified. 

20 ‘‘(h) CERTIFICATION.—The Secretary shall not permit 

21 the installation of any positive train control system or com22 ponent in revenue service unless the Secretary has certified 

23 that any such system or component has been approved 

24 through the approval process set forth in part 236 of title 
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1 49, Code of Federal Regulations, and complies with the re2 quirements of that part. 

3 ‘‘(i) DEFINITIONS.—In this section: 

4 ‘‘(1) INTEROPERABILITY.—The term ‘interoper5 ability’ means the ability to control locomotives of the 

6 host railroad and tenant railroad to communicate 

7 with and respond to the positive train control system, 

8 including uninterrupted movements over property 

9 boundaries. 

10 ‘‘(2) MAIN LINE.—The term ‘main line’ means a 

11 segment or route of railroad tracks over which 

12 5,000,000 or more gross tons of railroad traffic is 

13 transported annually, except that— 

14 ‘‘(A) the Secretary may, through regulations 

15 under subsection (g), designate additional tracks 

16 as main line as appropriate for this section; and 

17 ‘‘(B) for intercity rail passenger transpor18 tation or commuter rail passenger transpor19 tation routes or segments over which limited or 

20 no freight railroad operations occur, the Sec21 retary shall define the term ‘main line’ by regu22 lation. 

23 ‘‘(3) POSITIVE TRAIN CONTROL SYSTEM.—The 

24 term ‘positive train control system’ means a system 

25 designed to prevent train-to-train collisions, over- 
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1 speed derailments, incursions into established work 

2 zone limits, and the movement of a train through a 

3 switch left in the wrong position.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter analysis 

5 for chapter 201, as amended by section 103 of this division, 

6 is amended by inserting after the item relating to section 

7 20156 the following: 

‘‘20157. Implementation of positive train control systems.’’. 

8 SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS. 

9 (a) IN GENERAL.—Subchapter II of chapter 201, as 

10 amended by section 104 of this division, is further amended 

11 by adding at the end thereof the following: 

12 ‘‘§ 20158. Railroad safety technology grants 

13 ‘‘(a) GRANT PROGRAM.—The Secretary of Transpor14 tation shall establish a grant program for the deployment 

15 of train control technologies, train control component tech16 nologies, processor-based technologies, electronically con17 trolled pneumatic brakes, rail integrity inspection systems, 

18 rail integrity warning systems, switch position indicators 

19 and monitors, remote control power switch technologies, 

20 track integrity circuit technologies, and other new or novel 

21 railroad safety technology. 

22 ‘‘(b) GRANT CRITERIA.— 

23 ‘‘(1) ELIGIBILITY.—Grants shall be made under 

24 this section to eligible passenger and freight railroad 

25 carriers, railroad suppliers, and State and local gov-
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1 ernments for projects described in subsection (a) that 

2 have a public benefit of improved safety and network 

3 efficiency. 

4 ‘‘(2) CONSIDERATIONS.—Priority shall be given 

5 to projects that— 

6 ‘‘(A) focus on making technologies inter7 operable between railroad systems, such as train 

8 control technologies; 

9 ‘‘(B) accelerate train control technology de10 ployment on high-risk corridors, such as those 

11 that have high volumes of hazardous materials 

12 shipments or over which commuter or passenger 

13 trains operate; or 

14 ‘‘(C) benefit both passenger and freight safe15 ty and efficiency. 

16 ‘‘(3) IMPLEMENTATION PLANS.—Grants may not 

17 be awarded under this section to entities that fail to 

18 develop and submit to the Secretary the plans re19 quired by sections 20156(e)(2) and 20157. 

20 ‘‘(4) MATCHING REQUIREMENTS.—Federal funds 

21 for any eligible project under this section shall not ex22 ceed 80 percent of the total cost of such project. 

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated to the Secretary of Transpor25 tation $50,000,000 for each of fiscal years 2009 through 
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1 2013 to carry out this section. Amounts appropriated pur2 suant to this section shall remain available until ex3 pended.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter analysis 

5 for chapter 201, as amended by section 104 of this division, 

6 is further amended by inserting after the item relating to 

7 section 20157 the following: 

‘‘20158. Railroad safety technology grants.’’. 

8 SEC. 106. REPORTS ON STATUTORY MANDATES AND REC9 OMMENDATIONS. 

10 Not later than December 31, 2008, and annually there11 after, the Secretary shall transmit a report to the House 

12 of Representatives Committee on Transportation and Infra13 structure and the Senate Committee on Commerce, Science, 

14 and Transportation on the specific actions taken to imple15 ment unmet statutory mandates regarding railroad safety 

16 and each open railroad safety recommendation made by the 

17 National Transportation Safety Board or the Department’s 

18 Inspector General. 

19 SEC. 107. RULEMAKING PROCESS. 

20 (a) AMENDMENT.—Subchapter I of chapter 201 is 

21 amended by inserting after section 20115 the following new 

22 section: 

23 ‘‘§ 20116. Rulemaking process 

24 ‘‘No rule or order issued by the Secretary under this 

25 part shall be effective if it incorporates by reference a code, 
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1 rule, standard, requirement, or practice issued by an asso2 ciation or other entity that is not an agency of the Federal 

3 Government, unless the date on which the code, rule, stand4 ard, requirement, or practice was adopted is specifically 

5 cited in the rule or order, or the code, rule, standard, re6 quirement, or practice has been subject to notice and com7 ment under a rule or order issued under this part.’’. 

8 (b) CONFORMING AMENDMENT.—The chapter analysis 

9 for chapter 201 is amended by inserting after the item relat10 ing to section 20115 the following: 

‘‘20116. Rulemaking process.’’. 

11 SEC. 108. HOURS-OF-SERVICE REFORM. 

12 (a) CHANGE IN DEFINITION OF SIGNAL EMPLOYEE.— 

13 Section 21101(4) is amended by striking ‘‘employed by a 

14 railroad carrier’’. 

15 (b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOY16 EES.—Section 21103 is amended— 

17 (1) by striking subsection (a) and inserting the 

18 following: 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (d) of this section, a railroad carrier and its officers and 

21 agents may not require or allow a train employee to— 

22 ‘‘(1) remain on duty, go on duty, wait for 

23 deadhead transportation, be in deadhead transpor24 tation from a duty assignment to the place of final 

25 release, or be in any other mandatory service for the 
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1 carrier in any calendar month where the employee 

2 has spent a total of 276 hours— 

3 ‘‘(A) on duty; 

4 ‘‘(B) waiting for deadhead transportation, 

5 or in deadhead transportation from a duty as6 signment to the place of final release; or 

7 ‘‘(C) in any other mandatory service for the 

8 carrier; 

9 ‘‘(2) remain or go on duty for a period in excess 

10 of 12 consecutive hours; 

11 ‘‘(3) remain or go on duty unless that employee 

12 has had at least 10 consecutive hours off duty during 

13 the prior 24 hours; or 

14 ‘‘(4) remain or go on duty after that employee 

15 has initiated an on-duty period each day for— 

16 ‘‘(A) 6 consecutive days, unless that em17 ployee has had at least 48 consecutive hours off 

18 duty at the employee’s home terminal during 

19 which time the employee is unavailable for any 

20 service for any railroad carrier except that— 

21 ‘‘(i) an employee may work a seventh 

22 consecutive day if that employee completed 

23 his or her final period of on-duty time on 

24 his or her sixth consecutive day at a ter-
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1 minal other than his or her home terminal; 

2 and 

3 ‘‘(ii) any employee who works a sev4 enth consecutive day pursuant to subpara5 graph (i) shall have at least 72 consecutive 

6 hours off duty at the employee’s home ter7 minal during which time the employee is 

8 unavailable for any service for any railroad 

9 carrier; or 

10 ‘‘(B) except as provided in subparagraph 

11 (A), 7 consecutive days, unless that employee has 

12 had at least 72 consecutive hours off duty at the 

13 employee’s home terminal during which time the 

14 employee is unavailable for any service for any 

15 railroad carrier, if— 

16 ‘‘(i) for a period of 18 months fol17 lowing the date of enactment of the Rail 

18 Safety Improvement Act of 2008, an exist19 ing collective bargaining agreement ex20 pressly provides for such a schedule or, fol21 lowing the expiration of 18 months after the 

22 date of enactment of the Rail Safety Im23 provement Act of 2008, collective bargaining 

24 agreements entered into during such period 

25 expressly provide for such a schedule; 
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1 ‘‘(ii) such a schedule is provided for by 

2 a pilot program authorized by a collective 

3 bargaining agreement; or 

4 ‘‘(iii) such a schedule is provided for 

5 by a pilot program under section 21108 of 

6 this chapter related to employees’ work and 

7 rest cycles. 

8 The Secretary may waive paragraph (4), consistent with 

9 the procedural requirements of section 20103, if a collective 

10 bargaining agreement provides a different arrangement and 

11 such an arrangement is in the public interest and consistent 

12 with railroad safety.’’; 

13 (2) by redesignating subsection (c) as subsection 

14 (d) and inserting after subsection (b) the following: 

15 ‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST

16 REQUIREMENT.— 

17 ‘‘(1) A railroad carrier may not require or allow 

18 an employee— 

19 ‘‘(A) to exceed a total of 40 hours per cal20 endar month spent— 

21 ‘‘(i) waiting for deadhead transpor22 tation; or 

23 ‘‘(ii) in deadhead transportation from 

24 a duty assignment to the place of final re25 lease, 
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1 following a period of 12 consecutive hours on 

2 duty that is neither time on duty nor time off 

3 duty, not including interim rest periods, during 

4 the period from the date of enactment of the Rail 

5 Safety Improvement Act of 2008 to one year 

6 after such date of enactment; and 

7 ‘‘(B) to exceed a total of 30 hours per cal8 endar month spent— 

9 ‘‘(i) waiting for deadhead transpor10 tation; or 

11 ‘‘(ii) in deadhead transportation from 

12 a duty assignment to the place of final re13 lease, 

14 following a period of 12 consecutive hours on 

15 duty that is neither time on duty nor time off 

16 duty, not including interim rest periods, during 

17 the period beginning one year after the date of 

18 enactment of the Rail Safety Improvement Act of 

19 2008 except that the Secretary may further limit 

20 the monthly limitation pursuant to regulations 

21 prescribed under section 21109. 

22 ‘‘(2) The limitations in paragraph (1) shall 

23 apply unless the train carrying the employee is di24 rectly delayed by— 

25 ‘‘(A) a casualty; 
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1 ‘‘(B) an accident; 

2 ‘‘(C) an act of God; 

3 ‘‘(D) a derailment; 

4 ‘‘(E) a major equipment failure that pre5 vents the train from advancing; or 

6 ‘‘(F) a delay resulting from a cause un7 known and unforeseeable to a railroad carrier or 

8 its officer or agent in charge of the employee 

9 when the employee left a terminal. 

10 ‘‘(3) Each railroad carrier shall report to the 

11 Secretary, in accordance with procedures established 

12 by the Secretary, each instance where an employee 

13 subject to this section spends time waiting for 

14 deadhead transportation or in deadhead transpor15 tation from a duty assignment to the place of final 

16 release in excess of the requirements of paragraph (1). 

17 ‘‘(4) If— 

18 ‘‘(A) the time spent waiting for deadhead 

19 transportation or in deadhead transportation 

20 from a duty assignment to the place of final re21 lease that is not time on duty, plus 

22 ‘‘(B) the time on duty, 

23 exceeds 12 consecutive hours, the railroad carrier and 

24 its officers and agents shall provide the employee with 
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1 additional time off duty equal to the number of hours 

2 by which such sum exceeds 12 hours.’’; and 

3 (3) by adding at the end thereof the following: 

4 ‘‘(e) COMMUNICATION DURING TIME OFF DUTY.— 

5 During a train employee’s minimum off-duty period of 10 

6 consecutive hours, as provided under subsection (a) or dur7 ing an interim period of at least 4 consecutive hours avail8 able for rest under subsection (b)(7) or during additional 

9 off-duty hours under subsection (c)(4), a railroad carrier, 

10 and its officers and agents, shall not communicate with the 

11 train employee by telephone, by pager, or in any other man12 ner that could reasonably be expected to disrupt the employ13 ee’s rest. Nothing in this subsection shall prohibit commu14 nication necessary to notify an employee of an emergency 

15 situation, as defined by the Secretary. The Secretary may 

16 waive the requirements of this paragraph for commuter or 

17 intercity passenger railroads if the Secretary determines 

18 that such a waiver will not reduce safety and is necessary 

19 to maintain such railroads’ efficient operations and on20 time performance of its trains.’’. 

21 (c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOY22 EES.—Section 21104 is amended— 

23 (1) by striking subsection (a) and inserting the 

24 following: 
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1 ‘‘(a) IN GENERAL.—Except as provided in subsection 

2 (c) of this section, a railroad carrier and its officers and 

3 agents may not require or allow its signal employees to re4 main or go on duty and a contractor or subcontractor to 

5 a railroad carrier and its officers and agents may not re6 quire or allow its signal employees to remain or go on duty 

7 — 

8 ‘‘(1) for a period in excess of 12 consecutive 

9 hours; or 

10 ‘‘(2) unless that employee has had at least 10 

11 consecutive hours off duty during the prior 24 

12 hours.’’; 

13 (2) by striking ‘‘duty, except that up to one hour 

14 of that time spent returning from the final trouble 

15 call of a period of continuous or broken service is 

16 time off duty.’’ in subsection (b)(3) and inserting 

17 ‘‘duty.’’; 

18 (3) by inserting ‘‘A signal employee may not be 

19 allowed to remain or go on duty under the emergency 

20 authority provided under this subsection to conduct 

21 routine repairs, routine maintenance, or routine in22 spection of signal systems.’’ after ‘‘service.’’ in sub23 section (c); and 

24 (4) by adding at the end the following: 
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1 ‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 

2 During a signal employee’s minimum off-duty period of 10 

3 consecutive hours, as provided under subsection (a), a rail4 road carrier or a contractor or subcontractor to a railroad 

5 carrier, and its officers and agents, shall not communicate 

6 with the signal employee by telephone, by pager, or in any 

7 other manner that could reasonably be expected to disrupt 

8 the employee’s rest. Nothing in this subsection shall prohibit 

9 communication necessary to notify an employee of an emer10 gency situation, as defined by the Secretary. 

11 ‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, 

12 and rest periods of signal employees shall be governed exclu13 sively by this chapter. Signal employees operating motor 

14 vehicles shall not be subject to any hours of service rules, 

15 duty hours or rest period rules promulgated by any Federal 

16 authority, including the Federal Motor Carrier Safety Ad17 ministration, other than the Federal Railroad Administra18 tion.’’. 

19 (d) ALTERNATE HOURS OF SERVICE REGIME.— 

20 (1) APPLICATION OF HOURS OF SERVICE RE21 GIME.—Section 21102 is amended— 

22 (A) by striking the section caption and in23 serting the following: 
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1 ‘‘§ 21102. Nonapplication, exemption, and alternate 

2 hours of service regime’’; and 

3 (B) by adding at the end thereof the fol4 lowing: 

5 ‘‘(c) APPLICATION OF HOURS OF SERVICE REGIME TO

6 COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN

7 EMPLOYEES.— 

8 ‘‘(1) When providing commuter rail passenger 

9 transportation or intercity rail passenger transpor10 tation, the limitations on duty hours for train em11 ployees of railroad carriers, including public authori12 ties operating passenger service, shall be solely gov13 erned by old section 21103 until the earlier of— 

14 ‘‘(A) the effective date of regulations pre15 scribed by the Secretary under section 21109(b) 

16 of this chapter; or 

17 ‘‘(B) the date that is 3 years following the 

18 date of enactment of the Rail Safety Improve19 ment Act of 2008. 

20 ‘‘(2) After the date on which old section 21103 

21 ceases to apply, pursuant to paragraph (1), to the 

22 limitations on duty hours for train employees of rail23 road carriers with respect to the provision of com24 muter rail passenger transportation or intercity rail 

25 passenger transportation, the limitations on duty 

26 hours for train employees of such railroad carriers 
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1 shall be governed by new section 21103, except as pro2 vided in paragraph (3). 

3 ‘‘(3) After the effective date of the regulations 

4 prescribed by the Secretary under section 21109(b) of 

5 this title, such carriers shall— 

6 ‘‘(A) comply with the limitations on duty 

7 hours for train employees with respect to the pro8 vision of commuter rail passenger transportation 

9 or intercity rail passenger transportation as pre10 scribed by such regulations; and 

11 ‘‘(B) be exempt from complying with the 

12 provisions of old section 21103 and new section 

13 21103 for such employees. 

14 ‘‘(4) In this subsection: 

15 ‘‘(A) The terms ‘commuter rail passenger 

16 transportation’ and ‘intercity rail passenger 

17 transportation’ have the meaning given those 

18 terms in section 24102 of this title. 

19 ‘‘(C) The term ‘new section 21103’ means 

20 section 21103 of this chapter as amended by the 

21 Rail Safety Improvement Act of 2008. 

22 ‘‘(D) The term ‘old section 21103’ means 

23 section 21103 of this chapter as it was in effect 

24 on the day before the enactment of that Act.’’. 
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1 (2) CONFORMING AMENDMENT.—The chapter 

2 analysis for chapter 211 is amended by striking the 

3 item relating to section 21102 and inserting the fol4 lowing: 

‘‘21102. Nonapplication, exemption, and alternate hours of service regime.’’. 

5 (e) REGULATORY AUTHORITY.— 

6 (1) IN GENERAL.—Chapter 211 is amended by 

7 adding at the end thereof the following: 

8 ‘‘§ 21109. Regulatory authority 

9 ‘‘(a) IN GENERAL.—In order to improve safety and re10 duce employee fatigue, the Secretary may prescribe regula11 tions— 

12 ‘‘(1) to reduce the maximum hours an employee 

13 may be required or allowed to go or remain on duty 

14 to a level less than the level established under this 

15 chapter; 

16 ‘‘(2) to increase the minimum hours an employee 

17 may be required or allowed to rest to a level greater 

18 than the level established under this chapter; 

19 ‘‘(3) to limit or eliminate the amount of time an 

20 employee spends waiting for deadhead transportation 

21 or in deadhead transportation from a duty assign22 ment to the place of final release that is considered 

23 neither on duty nor off duty under this chapter; 

24 ‘‘(4) for signal employees— 
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1 ‘‘(A) to limit or eliminate the amount of 

2 time that is considered to be neither on duty nor 

3 off duty under this chapter that an employee 

4 spends returning from an outlying worksite after 

5 scheduled duty hours or returning from a trouble 

6 call to the employee’s headquarters or directly to 

7 the employee’s residence; and 

8 ‘‘(B) to increase the amount of time that 

9 constitutes a release period, that does not break 

10 the continuity of service and is considered time 

11 off duty; and 

12 ‘‘(5) to require other changes to railroad oper13 ating and scheduling practices, including unscheduled 

14 duty calls, that could affect employee fatigue and rail15 road safety. 

16 ‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERV17 ICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY

18 PASSENGER RAILROAD CARRIERS.—Within 3 years after 

19 the date of enactment of the Rail Safety Improvement Act 

20 of 2008, the Secretary shall prescribe regulations and issue 

21 orders to establish hours of service requirements for train 

22 employees engaged in commuter rail passenger transpor23 tation and intercity rail passenger transportation (as de24 fined in section 24102 of this title) that may differ from 

25 the requirements of this chapter. Such regulations and or-
42 

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1 ders may address railroad operating and scheduling prac2 tices, including unscheduled duty calls, communications 

3 during time off duty, and time spent waiting for deadhead 

4 transportation or in deadhead transportation from a duty 

5 assignment to the place of final release, that could affect 

6 employee fatigue and railroad safety. 

7 ‘‘(c) CONSIDERATIONS.—In issuing regulations under 

8 subsection (a) the Secretary shall consider scientific and 

9 medical research related to fatigue and fatigue abatement, 

10 railroad scheduling and operating practices that improve 

11 safety or reduce employee fatigue, a railroad’s use of new 

12 or novel technology intended to reduce or eliminate human 

13 error, the variations in freight and passenger railroad 

14 scheduling practices and operating conditions, the vari15 ations in duties and operating conditions for employees 

16 subject to this chapter, a railroad’s required or voluntary 

17 use of fatigue management plans covering employees subject 

18 to this chapter, and any other relevant factors. 

19 ‘‘(d) TIME LIMITS.— 

20 ‘‘(1) If the Secretary determines that regulations 

21 are necessary under subsection (a), the Secretary shall 

22 first request that the Railroad Safety Advisory Com23 mittee develop proposed regulations and, if the Com24 mittee accepts the task, provide the Committee with a 

25 reasonable time period in which to complete the task. 
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1 ‘‘(2) If the Secretary requests that the Railroad 

2 Safety Advisory Committee accept the task of devel3 oping regulations under subsection (b) and the Com4 mittee accepts the task, the Committee shall reach 

5 consensus on the rulemaking within 18 months after 

6 accepting the task. If the Committee does not reach 

7 consensus within 18 months after the Secretary makes 

8 the request, the Secretary shall prescribe appropriate 

9 regulations within 18 months. 

10 ‘‘(3) If the Secretary does not request that the 

11 Railroad Safety Advisory Committee accept the task 

12 of developing regulations under subsection (b), the 

13 Secretary shall prescribe regulations within 3 years 

14 after the date of enactment of the Rail Safety Im15 provement Act of 2008. 

16 ‘‘(e) PILOT PROJECTS.— 

17 ‘‘(1) IN GENERAL.—Not later than 2 years after 

18 the date of enactment of the Rail Safety Improvement 

19 Act of 2008, the Secretary shall conduct at least 2 

20 pilot projects of sufficient size and scope to analyze 

21 specific practices which may be used to reduce fatigue 

22 for train and engine and other railroad employees as 

23 follows: 

24 ‘‘(A) A pilot project at a railroad or rail25 road facility to evaluate the efficacy of commu-
44 

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1 nicating to employees notice of their assigned 

2 shift time 10 hours prior to the beginning of 

3 their assigned shift as a method for reducing em4 ployee fatigue. 

5 ‘‘(B) A pilot project at a railroad or rail6 road facility to evaluate the efficacy of requiring 

7 railroads who use employee scheduling practices 

8 that subject employees to periods of unscheduled 

9 duty calls to assign employees to defined or spe10 cific unscheduled call shifts that are followed by 

11 shifts not subject to call, as a method for reduc12 ing employee fatigue. 

13 ‘‘(2) WAIVER.—The Secretary may temporarily 

14 waive the requirements of this section, if necessary, to 

15 complete a pilot project under this subsection. 

16 ‘‘(f) DUTY CALL DEFINED.—In this section the term 

17 ‘duty call’ means a telephone call that a railroad places 

18 to an employee to notify the employee of his or her assigned 

19 shift time.’’. 

20 (2) CONFORMING AMENDMENTS.— 

21 (A) The chapter analysis for chapter 211 is 

22 amended by adding at the end thereof the fol23 lowing: 

‘‘21109. Regulatory authority.’’. 

24 (B) The first sentence of section 21303(a)(1) 

25 is amended by inserting ‘‘including section 
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1 21103 (as such section was in effect on the day 

2 before the date of enactment of the Rail Safety 

3 Improvement Act of 2008),’’ after ‘‘this title,’’ the 

4 second place it appears. 

5 (f) RECORD KEEPING AND REPORTING.— 

6 (1) REGULATIONS.—Not later than 180 days 

7 after the date of enactment of this Act, the Secretary 

8 shall prescribe a regulation revising the requirements 

9 for recordkeeping and reporting for Hours of Service 

10 of Railroad Employees contained in part 228 of title 

11 49, Code of Federal Regulations— 

12 (A) to adjust record keeping and reporting 

13 requirements to support compliance with chapter 

14 211 of title 49, United States Code, as amended 

15 by this Act; 

16 (B) to authorize electronic record keeping, 

17 and reporting of excess service, consistent with 

18 appropriate considerations for user interface; 

19 and 

20 (C) to require training of affected employees 

21 and supervisors, including training of employees 

22 in the entry of hours of service data. 

23 (2) PROCEDURE.—In lieu of issuing a notice of 

24 proposed rulemaking as contemplated by section 553 

25 of title 5, United States Code, the Secretary may uti-
46 

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1 lize the Railroad Safety Advisory Committee to assist 

2 in development of the regulation. The Secretary may 

3 propose and adopt amendments to the revised regula4 tions thereafter as may be necessary in light of expe5 rience under the revised requirements. 

6 (g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIM7 ITATION CHANGES.—The amendments made by subsections 

8 (a), (b), and (c) shall take effect 9 months after the date 

9 of enactment of this Act. 

10 SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANAL11 YSES INFORMATION. 

12 (a) AMENDMENT.—Subchapter I of chapter 201 is 

13 amended by adding at the end thereof the following: 

14 ‘‘§ 20118. Prohibition on public disclosure of railroad 

15 safety analysis records 

16 ‘‘(a) IN GENERAL.—Except as necessary for the Sec17 retary of Transportation or another Federal agency to en18 force or carry out any provision of Federal law, any part 

19 of any record (including, but not limited to, a railroad car20 rier’s analysis of its safety risks and its statement of the 

21 mitigation measures it has identified with which to address 

22 those risks) that the Secretary has obtained pursuant to a 

23 provision of, or regulation or order under, this chapter re24 lated to the establishment, implementation, or modification 

25 of a railroad safety risk reduction program or pilot pro-
47 

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1 gram is exempt from the requirements of section 552 of title 

2 5 if the record is— 

3 ‘‘(1) supplied to the Secretary pursuant to that 

4 safety risk reduction program or pilot program; or 

5 ‘‘(2) made available for inspection and copying 

6 by an officer, employee, or agent of the Secretary pur7 suant to that safety risk reduction program or pilot 

8 program. 

9 ‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the 

10 Secretary may disclose any part of any record comprised 

11 of facts otherwise available to the public if, in the Sec12 retary’s sole discretion, the Secretary determines that dis13 closure would be consistent with the confidentiality needed 

14 for that safety risk reduction program or pilot program. 

15 ‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.— 

16 The Secretary may prohibit the public disclosure of risk 

17 analyses or risk mitigation analyses that the Secretary has 

18 obtained under other provisions of, or regulations or orders 

19 under, this chapter if the Secretary determines that the pro20 hibition of public disclosure is necessary to promote rail21 road safety. 

22 ‘‘§ 20119. Study on use of certain reports and surveys 

23 ‘‘(a) STUDY.—The Federal Railroad Administration 

24 shall complete a study to evaluate whether it is in the public 

25 interest, including public safety and the legal rights of per-
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1 sons injured in railroad accidents, to withhold from dis2 covery or admission into evidence in a Federal or State 

3 court proceeding for damages involving personal injury or 

4 wrongful death against a carrier any report, survey, sched5 ule, list, or data compiled or collected for the purpose of 

6 evaluating, planning, or implementing a railroad safety 

7 risk reduction program required under this chapter, includ8 ing a railroad carrier’s analysis of its safety risks and its 

9 statement of the mitigation measures with which it will ad10 dress those risks. In conducting this study, the Secretary 

11 shall solicit input from the railroads, railroad non-profit 

12 employee labor organizations, railroad accident victims and 

13 their families, and the general public. 

14 ‘‘(b) AUTHORITY.—Following completion of the study 

15 required under subsection (a), the Secretary, if in the public 

16 interest, including public safety and the legal rights of per17 sons injured in railroad accidents, may prescribe a rule 

18 subject to notice and comment to address the results of the 

19 study. Any such rule prescribed pursuant to this subsection 

20 shall not become effective until 1 year after its adoption.’’. 

21 (b) CONFORMING AMENDMENT.—The chapter analysis 

22 for chapter 201 is amended by inserting after the item relat23 ing to section 20117 the following: 

‘‘20118. Prohibition on public disclosure of railroad safety analysis records. 

‘‘20119. Study on use of certain reports and surveys.’’. 
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1 SEC. 110. PILOT PROJECTS. 

2 Section 21108 is amended to read as follows: 

3 ‘‘§ 21108. Pilot projects 

4 ‘‘(a) IN GENERAL.—As of the date of enactment of the 

5 Rail Safety Improvement Act of 2008, a railroad carrier 

6 or railroad carriers and all nonprofit employee labor orga7 nizations representing any class or craft of directly affected 

8 covered service employees of the railroad carrier or railroad 

9 carriers, may jointly petition the Secretary of Transpor10 tation for approval of— 

11 ‘‘(1) a waiver of compliance with this chapter as 

12 in effect on the date of enactment of the Rail Safety 

13 Improvement Act of 2008; or 

14 ‘‘(2) a waiver of compliance with this chapter as 

15 it will be effective 9 months after the enactment of the 

16 Rail Safety Improvement Act of 2008, 

17 to enable the establishment of one or more pilot projects to 

18 demonstrate the possible benefits of implementing alter19 natives to the strict application of the requirements of this 

20 chapter, including requirements concerning maximum on21 duty and minimum off-duty periods. 

22 ‘‘(b) GRANTING OF WAIVERS.—The Secretary may, 

23 after notice and opportunity for comment, approve such 

24 waivers described in subsection (a) for a period not to ex25 ceed two years, if the Secretary determines that such a 
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1 waiver of compliance is in the public interest and is con2 sistent with railroad safety. 

3 ‘‘(c) EXTENSIONS.—Any such waiver, based on a new 

4 petition, may be extended for additional periods of up to 

5 two years, after notice and opportunity for comment. An 

6 explanation of any waiver granted under this section shall 

7 be published in the Federal Register. 

8 ‘‘(d) REPORT.—The Secretary of Transportation shall 

9 submit to the Committee on Commerce, Science, and Trans10 portation of the Senate and the Committee on Transpor11 tation and Infrastructure of the House of Representatives, 

12 no later than December 31, 2012, or, if no projects are com13 pleted prior to December 31, 2012, no later than 6 months 

14 after the completion of a pilot project, a report that— 

15 ‘‘(1) explains and analyzes the effectiveness of 

16 any pilot project established pursuant to a waiver 

17 granted under subsection (a); 

18 ‘‘(2) describes the status of all other waivers 

19 granted under subsection (a) and their related pilot 

20 projects, if any; and 

21 ‘‘(3) recommends any appropriate legislative 

22 changes to this chapter. 

23 ‘‘(e) DEFINITION.—For purposes of this section, the 

24 term ‘directly affected covered service employees’ means cov-
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1 ered service employees to whose hours of service the terms 

2 of the waiver petitioned for specifically apply.’’. 

3 TITLE II—HIGHWAY-RAIL GRADE 

4 CROSSING AND PEDESTRIAN 

5 SAFETY AND TRESPASSER 

6 PREVENTION 

7 SEC. 201. PEDESTRIAN CROSSING SAFETY. 

8 Not later than 1 year after the date of enactment of 

9 this Act, the Secretary shall provide guidance to railroads 

10 on strategies and methods to prevent pedestrian accidents, 

11 incidents, injuries, and fatalities at or near passenger sta12 tions, including— 

13 (1) providing audible warning of approaching 

14 trains to the pedestrians at railroad passenger sta15 tions; 

16 (2) using signs, signals, or other visual devices 

17 to warn pedestrians of approaching trains; 

18 (3) installing infrastructure at pedestrian cross19 ings to improve the safety of pedestrians crossing rail20 road tracks; 

21 (4) installing fences to prohibit access to railroad 

22 tracks; and 

23 (5) other strategies or methods as determined by 

24 the Secretary. 
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1 SEC. 202. STATE ACTION PLANS. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Secretary shall identify the 

4 10 States that have had the most highway-rail grade cross5 ing collisions, on average, over the past 3 years and require 

6 those States to develop a State grade crossing action plan 

7 within a reasonable period of time, as determined by the 

8 Secretary. The plan shall identify specific solutions for im9 proving safety at crossings, including highway-rail grade 

10 crossing closures or grade separations, and shall focus on 

11 crossings that have experienced multiple accidents or are 

12 at high risk for such accidents. The Secretary shall provide 

13 assistance to the States in developing and carrying out, as 

14 appropriate, the plan. The plan may be coordinated with 

15 other State or Federal planning requirements and shall 

16 cover a period of time determined to be appropriate by the 

17 Secretary. The Secretary may condition the awarding of 

18 any grants under section 20158, 20167, or 22501 of title 

19 49, United States Code, to a State identified under this sec20 tion on the development of such State’s plan. 

21 (b) REVIEW AND APPROVAL.—Not later than 60 days 

22 after the Secretary receives a plan under subsection (a), the 

23 Secretary shall review and approve or disapprove it. If the 

24 proposed plan is disapproved, the Secretary shall notify the 

25 affected State as to the specific areas in which the proposed 

26 plan is deficient, and the State shall correct all deficiencies 
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1 within 30 days following receipt of written notice from the 

2 Secretary. 

3 SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGH4 WAY-RAIL GRADE CROSSINGS. 

5 (a) IN GENERAL.—Subchapter II of chapter 201, as 

6 amended by section 105 of this division, is further amended 

7 by inserting after section 20158 the following: 

8 ‘‘§ 20159. Roadway user sight distance at highway-rail 

9 grade crossings 

10 ‘‘Not later than 18 months after the date of enactment 

11 of the Rail Safety Improvement Act of 2008, the Secretary, 

12 after consultation with the Federal Railroad Administra13 tion, the Federal Highway Administration, and States, 

14 shall develop and make available to States model legislation 

15 providing for improving safety by addressing sight obstruc16 tions, including vegetation growth, topographic features, 

17 structures, and standing railroad equipment, at highway18 rail grade crossings that are equipped solely with passive 

19 warnings, as recommended by the Inspector General of the 

20 Department of Transportation in Report No. MH–2007– 

21 044.’’. 

22 (b) CONFORMING AMENDMENT.—The chapter analysis 

23 for chapter 201, as amended by section 105 of this division, 

24 is amended by inserting after the item relating to section 

25 20158 the following new item: 

‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’. 
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1 SEC. 204. NATIONAL CROSSING INVENTORY. 

2 (a) IN GENERAL.—Subchapter II of chapter 201, as 

3 amended by section 203 of this division, is further amended 

4 by adding at the end the following new section: 

5 ‘‘§ 20160. National crossing inventory 

6 ‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT

7 PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1 

8 year after the date of enactment of the Rail Safety Improve9 ment Act of 2008 or 6 months after a new crossing becomes 

10 operational, whichever occurs later, each railroad carrier 

11 shall— 

12 ‘‘(1) report to the Secretary of Transportation 

13 current information, including information about 

14 warning devices and signage, as specified by the Sec15 retary, concerning each previously unreported cross16 ing through which it operates or with respect to the 

17 trackage over which it operates; or 

18 ‘‘(2) ensure that the information has been re19 ported to the Secretary by another railroad carrier 

20 that operates through the crossing. 

21 ‘‘(b) UPDATING OF CROSSING INFORMATION.— 

22 ‘‘(1) On a periodic basis beginning not later 

23 than 2 years after the date of enactment of the Rail 

24 Safety Improvement Act of 2008 and on or before 

25 September 30 of every year thereafter, or as otherwise 
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1 specified by the Secretary, each railroad carrier 

2 shall— 

3 ‘‘(A) report to the Secretary current information, 

4 including information about warning devices and 

5 signage, as specified by the Secretary, concerning each 

6 crossing through which it operates or with respect to 

7 the trackage over which it operates; or 

8 ‘‘(B) ensure that the information has been re9 ported to the Secretary by another railroad carrier 

10 that operates through the crossing. 

11 ‘‘(2) A railroad carrier that sells a crossing or any 

12 part of a crossing on or after the date of enactment of the 

13 Rail Safety Improvement Act of 2008 shall, not later than 

14 the date that is 18 months after the date of enactment of 

15 that Act or 3 months after the sale, whichever occurs later, 

16 or as otherwise specified by the Secretary, report to the Sec17 retary current information, as specified by the Secretary, 

18 concerning the change in ownership of the crossing or part 

19 of the crossing. 

20 ‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall 

21 prescribe the regulations necessary to implement this sec22 tion. The Secretary may enforce each provision of the De23 partment of Transportation’s statement of the national 

24 highway-rail crossing inventory policy, procedures, and in25 struction for States and railroads that is in effect on the 
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1 date of enactment of the Rail Safety Improvement Act of 

2 2008, until such provision is superseded by a regulation 

3 issued under this section. 

4 ‘‘(d) DEFINITIONS.—In this section: 

5 ‘‘(1) CROSSING.—The term ‘crossing’ means a lo6 cation within a State, other than a location where 

7 one or more railroad tracks cross one or more rail8 road tracks either at grade or grade-separated, 

9 where— 

10 ‘‘(A) a public highway, road, or street, or a 

11 private roadway, including associated sidewalks 

12 and pathways, crosses one or more railroad 

13 tracks either at grade or grade-separated; or 

14 ‘‘(B) a pathway explicitly authorized by a 

15 public authority or a railroad carrier that is 

16 dedicated for the use of nonvehicular traffic, in17 cluding pedestrians, bicyclists, and others, that is 

18 not associated with a public highway, road, or 

19 street, or a private roadway, crosses one or more 

20 railroad tracks either at grade or grade-sepa21 rated. 

22 ‘‘(2) STATE.—The term ‘State’ means a State of 

23 the United States, the District of Columbia, or the 

24 Commonwealth of Puerto Rico.’’. 
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1 (b) CONFORMING AMENDMENT.—The chapter analysis 

2 for chapter 201, as amended by section 203 of this division, 

3 is amended by inserting after the item relating to section 

4 20159 the following: 

‘‘20160. National crossing inventory.’’. 

5 (c) REPORTING AND UPDATING.—Section 130 of title 

6 23, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘(l) NATIONAL CROSSING INVENTORY.— 

9 ‘‘(1) INITIAL REPORTING OF CROSSING INFORMA10 TION.—Not later than 1 year after the date of enact11 ment of the Rail Safety Improvement Act of 2008 or 

12 within 6 months of a new crossing becoming oper13 ational, whichever occurs later, each State shall report 

14 to the Secretary of Transportation current informa15 tion, including information about warning devices 

16 and signage, as specified by the Secretary, concerning 

17 each previously unreported public crossing located 

18 within its borders. 

19 ‘‘(2) PERIODIC UPDATING OF CROSSING INFOR20 MATION.—On a periodic basis beginning not later 

21 than 2 years after the date of enactment of the Rail 

22 Safety Improvement Act of 2008 and on or before 

23 September 30 of every year thereafter, or as otherwise 

24 specified by the Secretary, each State shall report to 

25 the Secretary current information, including informa-
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1 tion about warning devices and signage, as specified 

2 by the Secretary, concerning each public crossing lo3 cated within its borders. 

4 ‘‘(3) RULEMAKING AUTHORITY.—The Secretary 

5 shall prescribe the regulations necessary to implement 

6 this subsection. The Secretary may enforce each provi7 sion of the Department of Transportation’s statement 

8 of the national highway-rail crossing inventory pol9 icy, procedures, and instructions for States and rail10 roads that is in effect on the date of enactment of the 

11 Rail Safety Improvement Act of 2008, until such pro12 vision is superseded by a regulation issued under this 

13 subsection. 

14 ‘‘(4) DEFINITIONS.—In this subsection— 

15 ‘‘(A) ‘public crossing’ means a location 

16 within a State, other than a location where one 

17 or more railroad tracks cross one or more rail18 road tracks either at grade or grade-separated, 

19 where— 

20 ‘‘(i) a public highway, road, or street, 

21 including associated sidewalks and path22 ways, crosses one or more railroad tracks ei23 ther at grade or grade-separated; or 

24 ‘‘(ii) a publicly owned pathway explic25 itly authorized by a public authority or a 
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1 railroad carrier and dedicated for the use of 

2 non-vehicular traffic, including pedestrians, 

3 bicyclists, and others, that is not associated 

4 with a public highway, road, or street, or a 

5 private roadway, crosses one or more rail6 road tracks either at grade or grade-sepa7 rated; and 

8 ‘‘(B) ‘State’ means a State of the United 

9 States, the District of Columbia, or Puerto 

10 Rico.’’. 

11 (d) CIVIL PENALTIES.— 

12 (1) Section 21301(a)(1) is amended— 

13 (A) by inserting ‘‘with section 20160 or’’ 

14 after ‘‘comply’’ in the first sentence; and 

15 (B) by inserting ‘‘section 20160 of this title 

16 or’’ after ‘‘violating’’ in the second sentence. 

17 (2) Section 21301(a)(2) is amended by inserting 

18 ‘‘The Secretary shall impose a civil penalty for a vio19 lation of section 20160 of this title.’’ after the first 

20 sentence. 

21 SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSS22 ING PROBLEMS. 

23 (a) IN GENERAL.—Section 20152 is amended to read 

24 as follows: 
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1 ‘‘§ 20152. Notification of grade crossing problems 

2 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

3 date of enactment of the Rail Safety Improvement Act of 

4 2008, the Secretary of Transportation shall require each 

5 railroad carrier to— 

6 ‘‘(1) establish and maintain a toll-free telephone 

7 service for rights-of-way over which it dispatches 

8 trains, to directly receive calls reporting— 

9 ‘‘(A) malfunctions of signals, crossing gates, 

10 and other devices to promote safety at the grade 

11 crossing of railroad tracks on those rights-of-way 

12 and public or private roads; 

13 ‘‘(B) disabled vehicles blocking railroad 

14 tracks at such grade crossings; 

15 ‘‘(C) obstructions to the view of a pedestrian 

16 or a vehicle operator for a reasonable distance in 

17 either direction of a train’s approach; or 

18 ‘‘(D) other safety information involving 

19 such grade crossings; 

20 ‘‘(2) upon receiving a report pursuant to para21 graph (1)(A) or (B), immediately contact trains oper22 ating near the grade crossing to warn them of the 

23 malfunction or disabled vehicle; 

24 ‘‘(3) upon receiving a report pursuant to para25 graph (1)(A) or (B), and after contacting trains pur26 suant to paragraph (2), contact, as necessary, appro-
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1 priate public safety officials having jurisdiction over 

2 the grade crossing to provide them with the informa3 tion necessary for them to direct traffic, assist in the 

4 removal of the disabled vehicle, or carry out other ac5 tivities as appropriate; 

6 ‘‘(4) upon receiving a report pursuant to para7 graph (1)(C) or (D), timely investigate the report, re8 move the obstruction if possible, or correct the unsafe 

9 circumstance; and 

10 ‘‘(5) ensure the placement at each grade crossing 

11 on rights-of-way that it owns of appropriately located 

12 signs, on which shall appear, at a minimum— 

13 ‘‘(A) a toll-free telephone number to be used 

14 for placing calls described in paragraph (1) to 

15 the railroad carrier dispatching trains on that 

16 right-of-way; 

17 ‘‘(B) an explanation of the purpose of that 

18 toll-free telephone number; and 

19 ‘‘(C) the grade crossing number assigned for 

20 that crossing by the National Highway-Rail 

21 Crossing Inventory established by the Depart22 ment of Transportation. 

23 ‘‘(b) WAIVER.—The Secretary may waive the require24 ment that the telephone service be toll-free for Class II and 
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1 Class III rail carriers if the Secretary determines that toll2 free service would be cost prohibitive or unnecessary.’’. 

3 (b) CONFORMING AMENDMENT.—The chapter analysis 

4 for chapter 201 is amended by striking the item relating 

5 to section 20152 and inserting the following: 

‘‘20152. Notification of grade crossing problems.’’. 

6 SEC. 206. OPERATION LIFESAVER. 

7 (a) GRANT.—The Federal Railroad Administration 

8 shall make a grant or grants to Operation Lifesaver to 

9 carry out a public information and education program to 

10 help prevent and reduce pedestrian, motor vehicle, and other 

11 accidents, incidents, injuries, and fatalities, and to improve 

12 awareness along railroad rights-of-way and at highway-rail 

13 grade crossings. The program shall include, as appropriate, 

14 development, placement, and dissemination of Public Serv15 ice Announcements in newspaper, radio, television, and 

16 other media. The program shall also include, as appro17 priate, school presentations, brochures and materials, sup18 port for public awareness campaigns, and related support 

19 for the activities of Operation Lifesaver’s member organiza20 tions. As part of an educational program funded by grants 

21 awarded under this section, Operation Lifesaver shall pro22 vide information to the public on how to identify and report 

23 to the appropriate authorities unsafe or malfunctioning 

24 highway-rail grade crossings. 
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1 (b) PILOT PROGRAM.—The Secretary may allow funds 

2 provided under subsection (a) also to be used by Operation 

3 Lifesaver to implement a pilot program, to be known as 

4 the Railroad Safety Public Awareness Program, that ad5 dresses the need for targeted and sustained community out6 reach on the subjects described in subsection (a). Such a 

7 pilot program shall be established in 1 or more States iden8 tified under section 202 of this division. In carrying out 

9 such a pilot program Operation Lifesaver shall work with 

10 the State, community leaders, school districts, and public 

11 and private partners to identify the communities at greatest 

12 risk, to develop appropriate measures to reduce such risks, 

13 and shall coordinate the pilot program with the State grade 

14 crossing action plan. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated to the Federal Railroad Ad17 ministration for carrying out this section— 

18 (1) $2,000,000 for each of fiscal years 2010 and 

19 2011; and 

20 (2) $1,500,000 for each of fiscal years 2012 and 

21 2013. 

22 SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL 

23 GRADE CROSSING SAFETY. 

24 (a) IN GENERAL.—Part B of subtitle V is amended 

25 by adding at the end thereof the following: 
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1 ‘‘CHAPTER 225—FEDERAL GRANTS TO 

2 STATES FOR HIGHWAY-RAIL GRADE 

3 CROSSING SAFETY 

‘‘Sec. 

‘‘22501. Financial assistance to States for certain projects. 

‘‘22502. Distribution. 

‘‘22503. Standards for awarding grants. 

‘‘22504. Use of funds. 

‘‘22505. Authorization of appropriations. 

4 ‘‘§ 22501. Financial assistance to States for certain 

5 projects 

6 ‘‘The Secretary of Transportation shall make grants— 

7 ‘‘(1) to a maximum of 3 States per year for de8 velopment or continuance of enhanced public edu9 cation and awareness activities, in combination with 

10 targeted law enforcement, to significantly reduce vio11 lations of traffic laws at highway-rail grade crossings 

12 and to help prevent and reduce injuries and fatalities 

13 along railroad rights-of-way; and 

14 ‘‘(2) to provide for priority highway-rail grade 

15 crossing safety improvements, including the installa16 tion, repair, or improvement of— 

17 ‘‘(A) railroad crossing signals, gates, and 

18 related technologies, including median barriers 

19 and four quadrant gates; 

20 ‘‘(B) highway traffic signalization, includ21 ing highway signals tied to railroad signal sys22 tems; 
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1 ‘‘(C) highway lighting and crossing ap2 proach signage; 

3 ‘‘(D) roadway improvements, including 

4 railroad crossing panels and surfaces; and 

5 ‘‘(E) related work to mitigate dangerous 

6 conditions. 

7 ‘‘§ 22502. Distribution 

8 ‘‘The Secretary shall provide the grants to the State 

9 agency or agencies responsible for highway-rail grade cross10 ing safety. 

11 ‘‘§ 22503. Standards for awarding grants 

12 ‘‘(a) SECTION 22501(1) GRANTS.—The Secretary shall 

13 provide grants under section 22501(1) based upon the mer14 its of the proposed program of activities provided by the 

15 State and upon a determination of where the grants will 

16 provide the greatest safety benefits. The Secretary may give 

17 priority to States that have developed and implemented a 

18 State grade crossing action plan, as described under section 

19 202 of the Rail Safety Improvement Act of 2008. 

20 ‘‘(b) SECTION 22501(2) GRANTS.—The Secretary shall 

21 provide grants to State and local governments under section 

22 22501(2) to provide priority grade crossing safety improve23 ments on an expedited basis at a location where there has 

24 been a highway-rail grade crossing collision within the pre-
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1 vious two years involving major loss of life or multiple seri2 ous bodily injuries. 

3 ‘‘§ 22504. Use of funds 

4 ‘‘(a) IN GENERAL.—Any State receiving a grant under 

5 section 22501(1) shall use the funds to develop, implement, 

6 and continue to measure the effectiveness of a dedicated pro7 gram of public education and enforcement of highway-rail 

8 crossing safety laws and to prevent casualties along rail9 road rights-of-way. The Secretary may not make a grant 

10 under this chapter available to assist a State or political 

11 subdivision thereof in establishing or continuing a quiet 

12 zone pursuant to part 222 of title 49, Code of Federal Regu13 lations. 

14 ‘‘(b) MAXIMUM GRANT AMOUNT UNDER SECTION

15 22501(2).—No grant awarded under section 22501(2) may 

16 exceed $250,000. 

17 ‘‘§ 22505. Authorization of appropriations 

18 ‘‘There are authorized to be appropriated to the Sec19 retary $1,500,000 for each of fiscal years 2010 through 2013 

20 to carry out the provisions of section 22501(1) of this chap21 ter. There are authorized to be appropriated to the Sec22 retary $1,500,000 for each of fiscal years 2010 through 2013 

23 to carry out the provisions of section 22501(2) of this chap24 ter. Amounts appropriated pursuant to this section shall 

25 remain available until expended.’’. 
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1 (b) CONFORMING AMENDMENT.—The subtitle analysis 

2 for subtitle V is amended by inserting after the item relat3 ing to chapter 223 the following: 

‘‘225. Federal grants to States for highway-rail grade crossing safety ....... 22501’’. 

4 SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL 

5 GRADE CROSSING SAFETY. 

6 (a) TRESPASSER PREVENTION AND HIGHWAY-RAIL

7 GRADE CROSSING WARNING SIGN VIOLATIONS.—Section 

8 20151 is amended— 

9 (1) by striking the section heading and inserting 

10 the following: 

11 ‘‘§ 20151. Railroad trespassing, vandalism, and high12 way-rail grade crossing warning sign vio13 lation prevention strategy’’; 

14 (2) by striking subsection (a) and inserting the 

15 following: 

16 ‘‘(a) EVALUATION OF EXISTING LAWS.—In consulta17 tion with affected parties, the Secretary of Transportation 

18 shall evaluate and review current local, State, and Federal 

19 laws regarding trespassing on railroad property, vandalism 

20 affecting railroad safety, and violations of highway-rail 

21 grade crossing signs, signals, markings, or other warning 

22 devices and develop model prevention strategies and enforce23 ment laws to be used for the consideration of State and local 

24 legislatures and governmental entities. The first such eval25 uation and review shall be completed within 1 year after 
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1 the date of enactment of the Rail Safety Improvement Act 

2 of 2008. The Secretary shall revise the model prevention 

3 strategies and enforcement codes periodically.’’; 

4 (3) by inserting ‘‘FOR TRESPASSING AND VAN5 DALISM PREVENTION’’ in the subsection heading of 

6 subsection (b) after ‘‘OUTREACH PROGRAM’’; 

7 (4) in subsection (c)— 

8 (A) by redesignating paragraphs (1) and 

9 (2) as subparagraphs (A) and (B), respectively; 

10 (B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG11 ISLATION.—’’; and 

12 (C) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) Not later than 18 months after the date of enact15 ment of the Rail Safety Improvement Act of 2008, the Sec16 retary, after consultation with State and local governments 

17 and railroad carriers, shall develop and make available to 

18 State and local governments model State legislation pro19 viding for civil or criminal penalties, or both, for violations 

20 of highway-rail grade crossing signs, signals, markings, or 

21 other warning devices.’’; and 

22 (5) by adding at the end the following new sub23 section: 

24 ‘‘(d) DEFINITION.—In this section, the term ‘violation 

25 of highway-rail grade crossing signs, signals, markings, or 
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1 other warning devices’ includes any action by a motorist, 

2 unless directed by an authorized safety officer— 

3 ‘‘(1) to drive around a grade crossing gate in a 

4 position intended to block passage over railroad 

5 tracks; 

6 ‘‘(2) to drive through a flashing grade crossing 

7 signal; 

8 ‘‘(3) to drive through a grade crossing with pas9 sive warning signs without ensuring that the grade 

10 crossing could be safely crossed before any train ar11 rived; and 

12 ‘‘(4) in the vicinity of a grade crossing, who cre13 ates a hazard of an accident involving injury or 

14 property damage at the grade crossing.’’. 

15 (b) CONFORMING AMENDMENT.—The chapter analysis 

16 for chapter 201 is amended by striking the item relating 

17 to section 20151 and inserting the following: 

‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy.’’. 

18 (c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS

19 FOR DISTRIBUTION.—Section 20134(a) is amended by add20 ing at the end the following: ‘‘The Secretary may purchase 

21 items of nominal value and distribute them to the public 

22 without charge as part of an educational or awareness pro23 gram to accomplish the purposes of this section and of any 

24 other sections of this title related to improving the safety 
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1 of highway-rail crossings and to preventing trespass on 

2 railroad rights of way, and the Secretary shall prescribe 

3 guidelines for the administration of this authority.’’. 

4 SEC. 209. ACCIDENT AND INCIDENT REPORTING. 

5 The Federal Railroad Administration shall conduct an 

6 audit of each Class I railroad at least once every 2 years 

7 and conduct an audit of each non-Class I railroad at least 

8 once every 5 years to ensure that all grade crossing colli9 sions and fatalities are reported to any Federal national 

10 accident database. 

11 SEC. 210. FOSTERING INTRODUCTION OF NEW TECH12 NOLOGY TO IMPROVE SAFETY AT HIGHWAY13 RAIL GRADE CROSSINGS. 

14 (a) AMENDMENT.—Subchapter II of chapter 201, as 

15 amended by section 204 of this division, is further amended 

16 by adding at the end the following: 

17 ‘‘§ 20161. Fostering introduction of new technology to 

18 improve safety at highway-rail grade 

19 crossings 

20 ‘‘(a) FINDINGS.— 

21 ‘‘(1) Collisions between highway users and trains 

22 at highway-rail grade crossings continue to cause an 

23 unacceptable loss of life, serious personal injury, and 

24 property damage. 
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1 ‘‘(2) While elimination of at-grade crossings 

2 through consolidation of crossings and grade separa3 tions offers the greatest long-term promise for opti4 mizing the safety and efficiency of the two modes of 

5 transportation, over 140,000 public grade crossings 

6 remain on the general rail system—approximately 

7 one for each route mile on the general rail system. 

8 ‘‘(3) Conventional highway traffic control devices 

9 such as flashing lights and gates are often effective in 

10 warning motorists of a train’s approach to an 

11 equipped crossing. 

12 ‘‘(4) Since enactment of the Highway Safety Act 

13 of 1973, over $4,200,000,000 of Federal funding has 

14 been invested in safety improvements at highway-rail 

15 grade crossings, yet a majority of public highway-rail 

16 grade crossings are not yet equipped with active 

17 warning systems. 

18 ‘‘(5) The emergence of new technologies presents 

19 opportunities for more effective and affordable warn20 ings and safer passage of highway users and trains 

21 at remaining highway-rail grade crossings. 

22 ‘‘(6) Implementation of new crossing safety tech23 nology will require extensive cooperation between 

24 highway authorities and railroad carriers. 
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1 ‘‘(7) Federal Railroad Administration regula2 tions establishing performance standards for proc3 essor-based signal and train control systems provide 

4 a suitable framework for qualification of new or novel 

5 technology at highway-rail grade crossings, and the 

6 Federal Highway Administration’s Manual on Uni7 form Traffic Control Devices provides an appropriate 

8 means of determining highway user interface with 

9 such new technology. 

10 ‘‘(b) POLICY.—It is the policy of the United States to 

11 encourage the development of new technology that can pre12 vent loss of life and injuries at highway-rail grade cross13 ings. The Secretary of Transportation is designated to carry 

14 out this policy in consultation with States and necessary 

15 public and private entities. 

16 ‘‘(c) SUBMISSION OF NEW TECHNOLOGY PRO17 POSALS.—Railroad carriers and railroad suppliers may 

18 submit for review and approval to the Secretary such new 

19 technology designed to improve safety at highway-rail grade 

20 crossings. The Secretary shall approve by order the new 

21 technology designed to improve safety at highway-rail grade 

22 crossings in accordance with Federal Railroad Administra23 tion standards for the development and use of processor24 based signal and train control systems and shall consider 
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1 the effects on safety of highway-user interface with the new 

2 technology. 

3 ‘‘(d) EFFECT OF SECRETARIAL APPROVAL.—If the 

4 Secretary approves by order new technology to provide 

5 warning to highway users at a highway-rail grade crossing 

6 and such technology is installed at a highway-rail grade 

7 crossing in accordance with the conditions of the approval, 

8 this determination preempts any State statute or regulation 

9 concerning the adequacy of the technology in providing 

10 warning at the crossing.’’. 

11 (b) CONFORMING AMENDMENT.—The chapter analysis 

12 for chapter 201, as amended by section 204 of this division, 

13 is further amended by inserting after the item relating to 

14 section 20160, the following: 

‘‘20161. Fostering introduction of new technology to improve safety at highwayrail grade crossings.’’. 

15 TITLE III—FEDERAL RAILROAD 

16 ADMINISTRATION 

17 SEC. 301. HUMAN CAPITAL INCREASES. 

18 (a) IN GENERAL.—The Secretary shall increase the 

19 number of Federal Railroad Administration employees 

20 by— 

21 (1) 50 employees in fiscal year 2009; 

22 (2) 50 employees in fiscal year 2010; 

23 (3) 50 employees in fiscal year 2011; 

24 (4) 25 employees in fiscal year 2012; and 
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1 (5) 25 employees in fiscal year 2013. 

2 (b) FUNCTIONS.—In increasing the number of employ3 ees pursuant to subsection (a), the Secretary shall focus on 

4 hiring employees— 

5 (1) specifically trained to conduct on-site rail6 road and highway-rail grade crossing accident inves7 tigations; 

8 (2) to implement the Railroad Safety Strategy; 

9 (3) to administer and implement section 20156 

10 of title 49, United States Code, relating to the Rail11 road Safety Risk Reduction Program; 

12 (4) to conduct routine inspections and audits of 

13 railroad and hazardous materials facilities and 

14 records for compliance with railroad safety laws and 

15 regulations; 

16 (5) to inspect railroad bridges, tunnels, and re17 lated infrastructure, and to review or analyze rail18 road bridge, tunnel, and related infrastructure inspec19 tion reports; 

20 (6) to prevent or respond to natural or manmade 

21 emergency situations or events involving rail infra22 structure or employees; 

23 (7) to implement section 20157 of title 49, 

24 United States Code, relating to positive train control 

25 systems; 
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1 (8) to implement section 20164 of title 49, 

2 United States Code, relating to the development and 

3 use of rail safety technology; and 

4 (9) to support the Federal Railroad Administra5 tion’s safety mission. 

6 SEC. 302. CIVIL PENALTY INCREASES. 

7 (a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 

8 21301(a)(2) is amended— 

9 (1) by striking ‘‘$10,000.’’ and inserting 

10 ‘‘$25,000.’’; and 

11 (2) by striking ‘‘$20,000.’’ and inserting 

12 ‘‘$100,000.’’. 

13 (b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER

14 201; VIOLATIONS OF CHAPTERS 203 THROUGH 209.—Sec15 tion 21302(a)(2) is amended— 

16 (1) by striking ‘‘$10,000.’’ and inserting 

17 ‘‘$25,000.’’; and 

18 (2) by striking ‘‘$20,000.’’ and inserting 

19 ‘‘$100,000.’’. 

20 (c) VIOLATIONS OF CHAPTER 211.—Section 

21 21303(a)(2) is amended— 

22 (1) by striking ‘‘$10,000.’’ and inserting 

23 ‘‘$25,000.’’; and 

24 (2) by striking ‘‘$20,000.’’ and inserting 

25 ‘‘$100,000.’’. 
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1 SEC. 303. ENFORCEMENT REPORT. 

2 (a) IN GENERAL.—Subchapter I of chapter 201, as 

3 amended by section 109 of this division, is amended by add4 ing at the end the following: 

5 ‘‘§ 20120. Enforcement report 

6 ‘‘(a) IN GENERAL.—Beginning not later than Decem7 ber 31, 2009, the Secretary of Transportation shall make 

8 available to the public and publish on its public website 

9 an annual report that— 

10 ‘‘(1) provides a summary of railroad safety and 

11 hazardous materials compliance inspections and au12 dits that Federal or State inspectors conducted in the 

13 prior fiscal year organized by type of alleged viola14 tion, including track, motive power and equipment, 

15 signal, grade crossing, operating practices, accident 

16 and incidence reporting, and hazardous materials; 

17 ‘‘(2) provides a summary of all enforcement ac18 tions taken by the Secretary or the Federal Railroad 

19 Administration during the prior fiscal year, includ20 ing— 

21 ‘‘(A) the number of civil penalties assessed; 

22 ‘‘(B) the initial amount of civil penalties 

23 assessed; 

24 ‘‘(C) the number of civil penalty cases set25 tled; 
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1 ‘‘(D) the final amount of civil penalties as2 sessed; 

3 ‘‘(E) the difference between the initial and 

4 final amounts of civil penalties assessed; 

5 ‘‘(F) the number of administrative hearings 

6 requested and completed related to hazardous 

7 materials transportation law violations or en8 forcement actions against individuals; 

9 ‘‘(G) the number of cases referred to the At10 torney General for civil or criminal prosecution; 

11 ‘‘(H) the number and subject matter of all 

12 compliance orders, emergency orders, or pre13 cursor agreements; 

14 ‘‘(3) analyzes the effect of the number of inspec15 tions conducted and enforcement actions taken on the 

16 number and rate of reported accidents and incidents 

17 and railroad safety; 

18 ‘‘(4) provide the information required by para19 graphs (2) and (3)— 

20 ‘‘(A) for each Class I railroad individually; 

21 and 

22 ‘‘(B) in the aggregate for— 

23 ‘‘(i) Class II railroads; 

24 ‘‘(ii) Class III railroads; 
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1 ‘‘(iii) hazardous materials shippers; 

2 and 

3 ‘‘(iv) individuals; 

4 ‘‘(5) identifies the number of locomotive engineer 

5 certification denial or revocation cases appealed to 

6 and the average length of time it took to be decided 

7 by— 

8 ‘‘(A) the Locomotive Engineer Review 

9 Board; 

10 ‘‘(B) an Administrative Hearing Officer or 

11 Administrative Law Judge; or 

12 ‘‘(C) the Administrator of the Federal Rail13 road Administration; 

14 ‘‘(6) provides an explanation regarding any 

15 changes in the Secretary’s or the Federal Railroad 

16 Administration’s enforcement programs or policies 

17 that may substantially affect the information re18 ported; and 

19 ‘‘(7) includes any additional information that 

20 the Secretary determines is useful to improve the 

21 transparency of its enforcement program.’’. 

22 (b) CONFORMING AMENDMENT.—The chapter analysis 

23 for chapter 201, as amended by section 109 of this division, 

24 is amended by inserting after the item relating to section 

25 20119 the following: 

‘‘20120. Enforcement report.’’. 
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1 SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY. 

2 Section 20104(a)(1) is amended by striking ‘‘death or 

3 personal injury’’ and inserting ‘‘death, personal injury, or 

4 significant harm to the environment’’. 

5 SEC. 305. PROHIBITION OF INDIVIDUALS FROM PER6 FORMING SAFETY-SENSITIVE FUNCTIONS 

7 FOR A VIOLATION OF HAZARDOUS MATE8 RIALS TRANSPORTATION LAW. 

9 Section 20111(c) is amended to read as follows: 

10 ‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PER11 FORMING SAFETY-SENSITIVE FUNCTIONS.— 

12 ‘‘(1) If an individual’s violation of this part, 

13 chapter 51 of this title, or a regulation prescribed, or 

14 an order issued, by the Secretary under this part or 

15 chapter 51 of this title is shown to make that indi16 vidual unfit for the performance of safety-sensitive 

17 functions, the Secretary, after providing notice and 

18 an opportunity for a hearing, may issue an order 

19 prohibiting the individual from performing safety20 sensitive functions in the railroad industry for a spec21 ified period of time or until specified conditions are 

22 met. 

23 ‘‘(2) This subsection does not affect the Sec24 retary’s authority under section 20104 of this title to 

25 act on an emergency basis.’’. 
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1 SEC. 306. RAILROAD RADIO MONITORING AUTHORITY. 

2 Section 20107 is amended by inserting at the end the 

3 following: 

4 ‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 

5 ‘‘(1) IN GENERAL.—To carry out the Secretary’s 

6 responsibilities under this part and under chapter 51, 

7 the Secretary may authorize officers, employees, or 

8 agents of the Secretary to conduct, with or without 

9 making their presence known, the following activities 

10 in circumstances the Secretary finds to be reasonable: 

11 ‘‘(A) Intercepting a radio communication, 

12 with or without the consent of the sender or other 

13 receivers of the communication, but only where 

14 such communication is broadcast or transmitted 

15 over a radio frequency which is— 

16 ‘‘(i) authorized for use by one or more 

17 railroad carriers by the Federal Commu18 nications Commission; and 

19 ‘‘(ii) primarily used by such railroad 

20 carriers for communications in connection 

21 with railroad operations. 

22 ‘‘(B) Communicating the existence, contents, 

23 substance, purport, effect, or meaning of the com24 munication, subject to the restrictions in para25 graph (3). 
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1 ‘‘(C) Receiving or assisting in receiving the 

2 communication (or any information therein con3 tained). 

4 ‘‘(D) Disclosing the contents, substance, 

5 purport, effect, or meaning of the communication 

6 (or any part thereof of such communication) or 

7 using the communication (or any information 

8 contained therein), subject to the restrictions in 

9 paragraph (3), after having received the commu10 nication or acquired knowledge of the contents, 

11 substance, purport, effect, or meaning of the com12 munication (or any part thereof). 

13 ‘‘(E) Recording the communication by any 

14 means, including writing and tape recording. 

15 ‘‘(2) ACCIDENT AND INCIDENT PREVENTION AND

16 INVESTIGATION.—The Secretary, and officers, employ17 ees, and agents of the Department of Transportation 

18 authorized by the Secretary, may engage in the ac19 tivities authorized by paragraph (1) for the purpose 

20 of accident and incident prevention and investiga21 tion. 

22 ‘‘(3) USE OF INFORMATION.—(A) Information 

23 obtained through activities authorized by paragraphs 

24 (1) and (2) shall not be admitted into evidence in any 

25 administrative or judicial proceeding except— 
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1 ‘‘(i) in a prosecution of a felony under Fed2 eral or State criminal law; or 

3 ‘‘(ii) to impeach evidence offered by a party 

4 other than the Federal Government regarding the 

5 existence, electronic characteristics, content, sub6 stance, purport, effect, meaning, or timing of, or 

7 identity of parties to, a communication inter8 cepted pursuant to paragraphs (1) and (2) in 

9 proceedings pursuant to section 5122, 5123, 

10 20702(b), 20111, 20112, 20113, or 20114 of this 

11 title. 

12 ‘‘(B) If information obtained through activities 

13 set forth in paragraphs (1) and (2) is admitted into 

14 evidence for impeachment purposes in accordance 

15 with subparagraph (A), the court, administrative law 

16 judge, or other officer before whom the proceeding is 

17 conducted may make such protective orders regarding 

18 the confidentiality or use of the information as may 

19 be appropriate in the circumstances to protect pri20 vacy and administer justice. 

21 ‘‘(C) No evidence shall be excluded in an admin22 istrative or judicial proceeding solely because the gov23 ernment would not have learned of the existence of or 

24 obtained such evidence but for the interception of in-
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1 formation that is not admissible in such proceeding 

2 under subparagraph (A). 

3 ‘‘(D) Information obtained through activities set 

4 forth in paragraphs (1) and (2) shall not be subject 

5 to publication or disclosure, or search or review in 

6 connection therewith, under section 552 of title 5. 

7 ‘‘(E) Nothing in this subsection shall be con8 strued to impair or otherwise affect the authority of 

9 the United States to intercept a communication, and 

10 collect, retain, analyze, use, and disseminate the in11 formation obtained thereby, under a provision of law 

12 other than this subsection. 

13 ‘‘(4) APPLICATION WITH OTHER LAW.—Section 

14 705 of the Communications Act of 1934 (47 U.S.C. 

15 605) and chapter 119 of title 18 shall not apply to 

16 conduct authorized by and pursuant to this sub17 section.’’. 

18 SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRA19 TION’S WEBSITE. 

20 (a) IN GENERAL.—The Secretary shall update the Fed21 eral Railroad Administration’s public website to better fa22 cilitate the ability of the public, including those individuals 

23 who are not regular users of the public website, to find cur24 rent information regarding the Federal Railroad Adminis25 tration’s activities. 
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1 (b) PUBLIC REPORTING OF VIOLATIONS.—On the Fed2 eral Railroad Administration’s public website’s home page, 

3 the Secretary shall provide a mechanism for the public to 

4 submit written reports of potential violations of Federal 

5 railroad safety and hazardous materials transportation 

6 laws, regulations, and orders to the Federal Railroad Ad7 ministration. 

8 SEC. 308. EMERGENCY WAIVERS. 

9 Section 20103 is amended— 

10 (1) by striking ‘‘WAIVERS.—’’ in subsection (d) 

11 and inserting ‘‘NONEMERGENCY WAIVERS.—’’; 

12 (2) by striking subsection (e) and inserting the 

13 following: 

14 ‘‘(e) HEARINGS.—The Secretary shall conduct a hear15 ing as provided by section 553 of title 5 when prescribing 

16 a regulation or issuing an order under this part, including 

17 a regulation or order establishing, amending, or providing 

18 a waiver, described in subsection (d), of compliance with 

19 a railroad safety regulation prescribed or order issued 

20 under this part. An opportunity for an oral presentation 

21 shall be provided.’’; and 

22 (3) by adding at the end thereof the following: 

23 ‘‘(g) EMERGENCY WAIVERS.— 

24 ‘‘(1) IN GENERAL.—The Secretary may waive 

25 compliance with any part of a regulation prescribed 
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1 or order issued under this part without prior notice 

2 and comment if the Secretary determines that— 

3 ‘‘(A) it is in the public interest to grant the 

4 waiver; 

5 ‘‘(B) the waiver is not inconsistent with 

6 railroad safety; and 

7 ‘‘(C) the waiver is necessary to address an 

8 actual or impending emergency situation or 

9 emergency event. 

10 ‘‘(2) PERIOD OF WAIVER.—A waiver under this 

11 subsection may be issued for a period of not more 

12 than 60 days and may be renewed upon application 

13 to the Secretary only after notice and an opportunity 

14 for a hearing on the waiver. The Secretary shall im15 mediately revoke the waiver if continuation of the 

16 waiver would not be consistent with the goals and ob17 jectives of this part. 

18 ‘‘(3) STATEMENT OF REASONS.—The Secretary 

19 shall state in the decision issued under this subsection 

20 the reasons for granting the waiver. 

21 ‘‘(4) CONSULTATION.—In granting a waiver 

22 under this subsection, the Secretary shall consult and 

23 coordinate with other Federal agencies, as appro24 priate, for matters that may impact such agencies. 
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1 ‘‘(5) EMERGENCY SITUATION; EMERGENCY

2 EVENT.—In this subsection, the terms ‘emergency sit3 uation’ and ‘emergency event’ mean a natural or 

4 manmade disaster, such as a hurricane, flood, earth5 quake, mudslide, forest fire, snowstorm, terrorist act, 

6 biological outbreak, release of a dangerous radio7 logical, chemical, explosive, or biological material, or 

8 a war-related activity, that poses a risk of death, seri9 ous illness, severe injury, or substantial property 

10 damage. The disaster may be local, regional, or na11 tional in scope.’’. 

12 SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL. 

13 Section 20112(a) is amended— 

14 (1) by inserting ‘‘this part, except for section 

15 20109 of this title, or’’ in paragraph (1) after ‘‘en16 force,’’; 

17 (2) by striking ‘‘21301’’ in paragraph (2) and 

18 inserting ‘‘21301, 21302, or 21303’’; 

19 (3) by striking ‘‘subpena’’ in paragraph (3) and 

20 inserting ‘‘subpoena, request for admissions, request 

21 for production of documents or other tangible things, 

22 or request for testimony by deposition’’; and 

23 (4) by striking ‘‘chapter.’’ in paragraph (3) and 

24 inserting ‘‘part.’’. 
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1 SEC. 310. CRIMINAL PENALTIES. 

2 Section 21311(b) is amended to read as follows: 

3 ‘‘(b) ACCIDENT AND INCIDENT REPORTS.—A railroad 

4 carrier not filing a report in violation of section 20901 of 

5 this title shall be fined not more than $2,500. A separate 

6 violation occurs for each day the violation continues.’’. 

7 TITLE IV—RAILROAD SAFETY 

8 ENHANCEMENTS 

9 SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS. 

10 (a) AMENDMENT.—Subchapter II of chapter 201, as 

11 amended by section 210 of this division, is further amended 

12 by adding at the end the following new section: 

13 ‘‘§ 20162. Minimum training standards and plans 

14 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

15 shall, not later than 1 year after the date of enactment of 

16 the Rail Safety Improvement Act of 2008, establish— 

17 ‘‘(1) minimum training standards for each class 

18 and craft of safety-related railroad employee (as de19 fined in section 20102) and equivalent railroad car20 rier contractor and subcontractor employees, which 

21 shall require railroad carriers, contractors, and sub22 contractors to qualify or otherwise document the pro23 ficiency of such employees in each such class and 

24 craft regarding their knowledge of, and ability to 

25 comply with, Federal railroad safety laws and regula26 tions and railroad carrier rules and procedures pro-
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1 mulgated to implement those Federal railroad safety 

2 laws and regulations; 

3 ‘‘(2) a requirement that railroad carriers, con4 tractors, and subcontractors develop and submit 

5 training and qualification plans to the Secretary for 

6 approval, including training programs and informa7 tion deemed necessary by the Secretary to ensure that 

8 all safety-related railroad employees receive appro9 priate training in a timely manner; and 

10 ‘‘(3) a minimum training curriculum, and ongo11 ing training criteria, testing, and skills evaluation 

12 measures to ensure that safety-related railroad em13 ployees, and contractor and subcontractor employees, 

14 charged with the inspection of track or railroad 

15 equipment are qualified to assess railroad compliance 

16 with Federal standards to identify defective condi17 tions and initiate immediate remedial action to cor18 rect critical safety defects that are known to con19 tribute to derailments, accidents, incidents, or inju20 ries, and, in implementing the requirements of this 

21 paragraph, take into consideration existing training 

22 programs of railroad carriers. 

23 ‘‘(b) APPROVAL.—The Secretary shall review and ap24 prove the plans required under subsection (a)(2) utilizing 

25 an approval process required for programs to certify the 
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1 qualification of locomotive engineers pursuant to part 240 

2 of title 49, Code of Federal Regulations. 

3 ‘‘(c) EXEMPTION.—The Secretary may exempt rail4 road carriers and railroad carrier contractors and sub5 contractors from submitting training plans for which the 

6 Secretary has issued training regulations before the date of 

7 enactment of the Rail Safety Improvement Act of 2008.’’. 

8 (b) CONFORMING AMENDMENT.—The chapter analysis 

9 for chapter 201, as amended by section 210 of this division, 

10 is amended by inserting after the item relating to section 

11 20161 the following: 

‘‘20162. Minimum training standards and plans.’’. 

12 SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES 

13 OF EMPLOYEES. 

14 (a) AMENDMENT.—Subchapter II of chapter 201, as 

15 amended by section 401 of this division, is further amended 

16 by adding at the end the following new section: 

17 ‘‘§ 20163. Certification of train conductors 

18 ‘‘(a) REGULATIONS.—Not later than 18 months after 

19 the date of enactment of the Rail Safety Improvement Act 

20 of 2008, the Secretary of Transportation shall prescribe reg21 ulations to establish a program requiring the certification 

22 of train conductors. In prescribing such regulations, the 

23 Secretary shall require that train conductors be trained, in 

24 accordance with the training standards developed pursuant 

25 to section 20162. 
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1 ‘‘(b) PROGRAM REQUIREMENTS.—In developing the 

2 regulations required by subsection (a), the Secretary may 

3 consider the requirements of section 20135(b) through (e).’’. 

4 (b) REPORT.—Not later than 6 months after promul5 gating regulations under section 20162 of title 49, United 

6 States Code, the Secretary shall issue a report to the Senate 

7 Committee on Commerce, Science, and Transportation and 

8 the House of Representatives Committee on Transportation 

9 and Infrastructure about whether the certification of certain 

10 crafts or classes of railroad carrier or railroad carrier con11 tractor or subcontractor employees is necessary to reduce 

12 the number and rate of accidents and incidents or to im13 prove railroad safety. 

14 (c) CRAFTS AND CLASSES TO BE CONSIDERED.—As 

15 part of the report, the Secretary shall consider— 

16 (1) car repair and maintenance employees; 

17 (2) onboard service workers; 

18 (3) rail welders; 

19 (4) dispatchers; 

20 (5) signal repair and maintenance employees; 

21 and 

22 (6) any other craft or class of employees that the 

23 Secretary determines appropriate. 

24 (d) REGULATIONS.—The Secretary may prescribe reg25 ulations requiring the certification of certain crafts or class-
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1 es of employees that the Secretary determines pursuant to 

2 the report required by paragraph (1) are necessary to re3 duce the number and rate of accidents and incidents or to 

4 improve railroad safety. 

5 (e) CONFORMING AMENDMENT.—The chapter analysis 

6 for chapter 201, as amended by section 401 of this division, 

7 is amended by inserting after the item relating to section 

8 20162 the following: 

‘‘20163. Certification of train conductors.’’. 

9 SEC. 403. TRACK INSPECTION TIME STUDY. 

10 (a) STUDY.—Not later that 2 years after the date of 

11 enactment of this Act, the Secretary shall transmit to the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate a report con15 taining the results of a study to determine whether— 

16 (1) the required intervals of track inspections for 

17 each class of track should be amended; 

18 (2) track remedial action requirements should be 

19 amended; 

20 (3) different track inspection and repair prior21 ities or methods should be required; and 

22 (4) the speed at which railroad track inspection 

23 vehicles operate and the scope of the territory they 

24 generally cover allow for proper inspection of the 
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1 track and whether such speed and appropriate scope 

2 should be regulated by the Secretary. 

3 (b) CONSIDERATIONS.—In conducting the study the 

4 Secretary shall consider— 

5 (1) the most current rail flaw, rail defect growth, 

6 rail fatigue, and other relevant track- or rail-related 

7 research and studies; 

8 (2) the availability and feasibility of developing 

9 and implementing new or novel rail inspection tech10 nology for routine track inspections; 

11 (3) information from National Transportation 

12 Safety Board or Federal Railroad Administration ac13 cident investigations where track defects were the 

14 cause or a contributing cause; and 

15 (4) other relevant information, as determined by 

16 the Secretary. 

17 (c) UPDATE OF REGULATIONS.—Not later than 2 years 

18 after the completion of the study required by subsection (a), 

19 the Secretary shall prescribe regulations based on the results 

20 of the study conducted under subsection (a). 

21 (d) CONCRETE CROSS TIES.—Not later than 18 

22 months after the date of enactment of this Act, the Secretary 

23 shall promulgate regulations for concrete cross ties. In de24 veloping the regulations for class 1 through 5 track, the Sec25 retary may address, as appropriate— 
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1 (1) limits for rail seat abrasion; 

2 (2) concrete cross tie pad wear limits; 

3 (3) missing or broken rail fasteners; 

4 (4) loss of appropriate toeload pressure; 

5 (5) improper fastener configurations; and 

6 (6) excessive lateral rail movement. 

7 SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT 

8 STATION PLATFORM GAPS. 

9 Not later than 2 years after the enactment of this Act, 

10 the Secretary shall complete a study to determine the most 

11 safe, efficient, and cost-effective way to improve the safety 

12 of rail passenger station platforms gaps in order to increase 

13 compliance with the requirements under the Americans 

14 with Disabilities Act (42 U.S.C. 12101 et seq.), including 

15 regulations issued pursuant to section 504 of such Act (42 

16 U.S.C. 12204) and to minimize the safety risks associated 

17 with such gaps for railroad passengers and employees. 

18 SEC. 405. LOCOMOTIVE CAB STUDIES. 

19 (a) IN GENERAL.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary, through the Rail21 road Safety Advisory Committee if the Secretary makes 

22 such a request, shall complete a study on the safety impact 

23 of the use of personal electronic devices, including cell 

24 phones, video games, and other distracting devices, by safe25 ty-related railroad employees (as defined in section 
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1 20102(4) of title 49, United States Code), during the per2 formance of such employees’ duties. The study shall consider 

3 the prevalence of the use of such devices. 

4 (b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary 

5 may also study other elements of the locomotive cab environ6 ment and their effect on an employee’s health and safety. 

7 (c) REPORT.—Not later than 6 months after the com8 pletion of any study under this section, the Secretary shall 

9 issue a report on the study to the Senate Committee on 

10 Commerce, Science, and Transportation and the House of 

11 Representatives Committee on Transportation and Infra12 structure. 

13 (d) AUTHORITY.—Based on the conclusions of the 

14 study required under (a), the Secretary of Transportation 

15 may prohibit the use of personal electronic devices, such as 

16 cell phones, video games, or other electronic devices that 

17 may distract employees from safely performing their duties, 

18 unless those devices are being used according to railroad 

19 operating rules or for other work purposes. Based on the 

20 conclusions of other studies conducted under subsection (b), 

21 the Secretary may prescribe regulations to improve ele22 ments of the cab environment to protect an employee’s 

23 health and safety. 
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1 SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECH2 NOLOGY. 

3 (a) IN GENERAL.—Subchapter II of chapter 201, as 

4 amended by section 402 of this division, is further amended 

5 by adding at the end the following new section: 

6 ‘‘§ 20164. Development and use of rail safety tech7 nology 

8 ‘‘(a) IN GENERAL.—Not later than 1 year after enact9 ment of the Railroad Safety Enhancement Act of 2008, the 

10 Secretary of Transportation shall prescribe standards, 

11 guidance, regulations, or orders governing the development, 

12 use, and implementation of rail safety technology in dark 

13 territory, in arrangements not defined in section 20501 or 

14 otherwise not covered by Federal standards, guidance, regu15 lations, or orders that ensure the safe operation of such tech16 nology, such as— 

17 ‘‘(1) switch position monitoring devices or indi18 cators; 

19 ‘‘(2) radio, remote control, or other power-as20 sisted switches; 

21 ‘‘(3) hot box, high water, or earthquake detectors; 

22 ‘‘(4) remote control locomotive zone limiting de23 vices; 

24 ‘‘(5) slide fences; 

25 ‘‘(6) grade crossing video monitors; 

26 ‘‘(7) track integrity warning systems; or 
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1 ‘‘(8) other similar rail safety technologies, as de2 termined by the Secretary. 

3 ‘‘(b) DARK TERRITORY DEFINED.—In this section, the 

4 term ‘dark territory’ means any territory in a railroad sys5 tem that does not have a signal or train control system in6 stalled or operational.’’. 

7 (b) CONFORMING AMENDMENT.—The chapter analysis 

8 for chapter 201, as amended by section 402 of this division, 

9 is amended by inserting after the item relating to section 

10 20163 the following: 

‘‘20164. Development and use of rail safety technology.’’. 

11 SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD 

12 CARRIERS. 

13 Section 20102(3), as redesignated by section 2(b) of 

14 this division, is amended to read as follows: 

15 ‘‘(3) ‘railroad carrier’ means a person providing 

16 railroad transportation, except that, upon petition by 

17 a group of commonly controlled railroad carriers that 

18 the Secretary determines is operating within the 

19 United States as a single, integrated rail system, the 

20 Secretary may by order treat the group of railroad 

21 carriers as a single railroad carrier for purposes of 

22 one or more provisions of part A, subtitle V of this 

23 title and implementing regulations and order, subject 

24 to any appropriate conditions that the Secretary may 

25 impose.’’. 
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1 SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION. 

2 Not later than 1 year after the date of enactment of 

3 this Act, the Secretary shall complete a study of the impacts 

4 of repealing section 711 of the Regional Rail Reorganiza5 tion Act of 1973 (45 U.S.C. 797j). Not later than 6 months 

6 after completing the study, the Secretary shall transmit a 

7 report with the Secretary’s findings, conclusions, and rec8 ommendations to the Senate Committee on Commerce, 

9 Science, and Transportation and the House of Representa10 tives Committee on Transportation and Infrastructure. 

11 SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND 

12 DRUG TESTING BY RAILROAD CARRIERS. 

13 (a) IN GENERAL.—Chapter 201, as amended by sec14 tion 406 of this division, is further amended by adding at 

15 the end the following: 

16 ‘‘§ 20165. Limitations on non-Federal alcohol and 

17 drug testing 

18 ‘‘(a) TESTING REQUIREMENTS.—Any non-Federal al19 cohol and drug testing program of a railroad carrier must 

20 provide that all post-employment tests of the specimens of 

21 employees who are subject to both the program and chapter 

22 211 of this title be conducted using a scientifically recog23 nized method of testing capable of determining the presence 

24 of the specific analyte at a level above the cut-off level estab25 lished by the carrier. 
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1 ‘‘(b) REDRESS PROCESS.—Each railroad carrier that 

2 has a non-Federal alcohol and drug testing program must 

3 provide a redress process to its employees who are subject 

4 to both the alcohol and drug testing program and chapter 

5 211 of this title for such an employee to petition for and 

6 receive a carrier hearing to review his or her specimen test 

7 results that were determined to be in violation of the pro8 gram. A dispute or grievance raised by a railroad carrier 

9 or its employee, except a probationary employee, in connec10 tion with the carrier’s alcohol and drug testing program 

11 and the application of this section is subject to resolution 

12 under section 3 of the Railway Labor Act (45 U.S.C. 153).’’. 

13 (b) CONFORMING AMENDMENT.—The chapter analysis 

14 for chapter 201, as amended by section 406 of this division, 

15 is further amended by inserting after the item relating to 

16 section 20164 the following: 

‘‘20165. Limitations on non-Federal alcohol and drug testing by railroad carriers.’’. 

17 SEC. 410. CRITICAL INCIDENT STRESS PLAN. 

18 (a) IN GENERAL.—The Secretary of Transportation, 

19 in consultation with the Secretary of Labor and the Sec20 retary of Health and Human Services, as appropriate, shall 

21 require each Class I railroad carrier, each intercity pas22 senger railroad carrier, and each commuter railroad carrier 

23 to develop and submit for approval to the Secretary a crit24 ical incident stress plan that provides for debriefing, coun-
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1 seling, guidance, and other appropriate support services to 

2 be offered to an employee affected by a critical incident. 

3 (b) PLAN REQUIREMENTS.—Each such plan shall in4 clude provisions for— 

5 (1) relieving an employee who was involved in a 

6 critical incident of his or her duties for the balance 

7 of the duty tour, following any actions necessary for 

8 the safety of persons and contemporaneous docu9 mentation of the incident; 

10 (2) upon the employee’s request, relieving an em11 ployee who witnessed a critical incident of his or her 

12 duties following any actions necessary for the safety 

13 of persons and contemporaneous documentation of the 

14 incident; and 

15 (3) providing such leave from normal duties as 

16 may be necessary and reasonable to receive preventive 

17 services, treatment, or both, related to the incident. 

18 (c) SECRETARY TO DEFINE WHAT CONSTITUTES A 

19 CRITICAL INCIDENT.—Within 30 days after the date of en20 actment of this Act, the Secretary shall initiate a rule21 making proceeding to define the term ‘‘critical incident’’ 

22 for the purposes of this section. 
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1 SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RA2 DIATION STUDY. 

3 (a) STUDY.—The Secretary of Transportation shall, in 

4 consultation with the Secretary of Energy, the Secretary of 

5 Labor, the Administrator of the Environmental Protection 

6 Agency, and the Chairman of the Nuclear Regulatory Com7 mission, as appropriate, conduct a study of the potential 

8 hazards to which employees of railroad carriers and rail9 road contractors or subcontractors are exposed during the 

10 transportation of high-level radioactive waste and spent nu11 clear fuel (as defined in section 5101(a) of title 49, United 

12 States Code), supplementing the report submitted under sec13 tion 5101(b) of that title, which may include— 

14 (1) an analysis of the potential application of 

15 ‘‘as low as reasonably achievable’’ principles for expo16 sure to radiation to such employees with an emphasis 

17 on the need for special protection from radiation ex18 posure for such employees during the first trimester of 

19 pregnancy or who are undergoing or have recently 

20 undergone radiation therapy; 

21 (2) the feasibility of requiring real-time dosim22 etry monitoring for such employees; 

23 (3) the feasibility of requiring routine radiation 

24 exposure monitoring in fixed railroad locations, such 

25 as yards and repair facilities; and 
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1 (4) a review of the effectiveness of the Depart2 ment’s packaging requirements for radioactive mate3 rials. 

4 (b) REPORT.—Not later than 18 months after the date 

5 of enactment of this Act, the Secretary of Transportation 

6 shall transmit a report on the results of the study required 

7 by subsection (a) and any recommendations to further pro8 tect employees of a railroad carrier or of a contractor or 

9 subcontractor to a railroad carrier from unsafe exposure to 

10 radiation during the transportation of high-level radio11 active waste and spent nuclear fuel to the Senate Committee 

12 on Commerce, Science, and Transportation and the House 

13 of Representatives Committee on Transportation and Infra14 structure. 

15 (c) REGULATORY AUTHORITY.—The Secretary of 

16 Transportation may issue regulations that the Secretary de17 termines appropriate, pursuant to the report required by 

18 subsection (b), to protect railroad employees from unsafe ex19 posure to radiation during the transportation of radioactive 

20 materials. 

21 SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TEST22 ING FOR MAINTENANCE-OF-WAY EMPLOYEES. 

23 Not later than 2 years following the date of enactment 

24 of this Act, the Secretary of Transportation shall complete 

25 a rulemaking proceeding to revise the regulations prescribed 
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1 under section 20140 of title 49, United States Code, to cover 

2 all employees of railroad carriers and contractors or sub3 contractors to railroad carriers who perform maintenance4 of-way activities. 

5 SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS. 

6 (a) AMENDMENT.—Subchapter II of chapter 201, as 

7 amended by section 409 of this division, is further amended 

8 by adding at the end the following new section: 

9 ‘‘§ 20166. Emergency escape breathing apparatus 

10 ‘‘Not later than 18 months after the date of enactment 

11 of the Rail Safety Improvement Act of 2008, the Secretary 

12 of Transportation shall prescribe regulations that require 

13 railroad carriers— 

14 ‘‘(1) to provide emergency escape breathing ap15 paratus suitable to provide head and neck coverage 

16 with respiratory protection for all crewmembers in lo17 comotive cabs on freight trains carrying hazardous 

18 materials that would pose an inhalation hazard in 

19 the event of release; 

20 ‘‘(2) to provide convenient storage in each freight 

21 train locomotive to enable crewmembers to access such 

22 apparatus quickly; 

23 ‘‘(3) to maintain such equipment in proper 

24 working condition; and 
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1 ‘‘(4) to provide their crewmembers with appro2 priate training for using the breathing apparatus.’’. 

3 (b) CONFORMING AMENDMENT.—The chapter analysis 

4 for chapter 201, as amended by section 409 of this division, 

5 is amended by inserting after the item relating to section 

6 20165 the following: 

‘‘20166. Emergency escape breathing apparatus.’’. 

7 SEC. 414. TUNNEL INFORMATION. 

8 Not later than 120 days after the date of enactment 

9 of this Act, each railroad carrier shall, with respect to each 

10 of its tunnels which— 

11 (1) are longer than 1000 feet and located under 

12 a city with a population of 400,000 or greater; or 

13 (2) carry 5 or more scheduled passenger trains 

14 per day, or 500 or more carloads of poison- or toxic15 by-inhalation hazardous materials (as defined in 

16 parts 171.8, 173.115, and 173.132 of title 49, Code of 

17 Federal Regulations) per year, 

18 maintain, for at least two years, historical documentation 

19 of structural inspection and maintenance activities for such 

20 tunnels, including information on the methods of ingress 

21 and egress into and out of the tunnel, the types of cargos 

22 typically transported through the tunnel, and schematics or 

23 blueprints for the tunnel, when available. Upon request, a 

24 railroad carrier shall provide periodic briefings on such in25 formation to the governments of the local jurisdiction in 
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1 which the tunnel is located, including updates whenever a 

2 repair or rehabilitation project substantially alters the 

3 methods of ingress and egress. Such governments shall use 

4 appropriate means to protect and restrict the distribution 

5 of any security sensitive information (as defined in part 

6 1520.5 of title 49, Code of Federal Regulations) provided 

7 by the railroad carrier under this section, consistent with 

8 national security interests. 

9 SEC. 415. MUSEUM LOCOMOTIVE STUDY. 

10 (a) STUDY.—The Secretary shall conduct a study of 

11 the requirements relating to safety inspections of diesel-elec12 tric locomotives and equipment that are operated in limited 

13 service by railroad-related museums, historical societies, 

14 and tourist or scenic railroads. The study shall include an 

15 analysis of the safety consequences of requiring less frequent 

16 inspections of such locomotives and equipment, including 

17 periodic inspections or inspections based on service days 

18 and air brake inspections. 

19 (b) REPORT.—Not later than 2 years after the date 

20 of enactment of this Act, the Secretary shall transmit a re21 port on the results of the study conducted under subsection 

22 (a) to the Committee on Transportation and Infrastructure 

23 of the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate. 
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1 SEC. 416. SAFETY INSPECTIONS IN MEXICO. 

2 Mechanical and brake inspections of rail cars per3 formed in Mexico shall not be treated as satisfying United 

4 States rail safety laws or regulations unless the Secretary 

5 of Transportation certifies that— 

6 (1) such inspections are being performed under 

7 regulations and standards equivalent to those appli8 cable in the United States; 

9 (2) the inspections are being performed by em10 ployees that have received training similar to the 

11 training received by similar railroad employees in the 

12 United States; 

13 (3) inspection records that are required to be 

14 available to the crewmembers on board the train, in15 cluding air slips and blue cards, are maintained in 

16 both English and Spanish, and such records are 

17 available to the Federal Railroad Administration for 

18 review; and 

19 (4) the Federal Railroad Administration is per20 mitted to perform onsite inspections for the purpose 

21 of ensuring compliance with the requirements of this 

22 subsection. 

23 SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE. 

24 (a) IN GENERAL.—Not later than 12 months after the 

25 date of enactment of this Act, the Secretary shall promul26 gate a regulation requiring owners of track carried on one 
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1 or more railroad bridges to adopt a bridge safety manage2 ment program to prevent the deterioration of railroad 

3 bridges and reduce the risk of human casualties, environ4 mental damage, and disruption to the Nation’s railroad 

5 transportation system that would result from a catastrophic 

6 bridge failure. 

7 (b) REQUIREMENTS.—The regulations shall, at a min8 imum, require each track owner to— 

9 (1) to develop and maintain an accurate inven10 tory of its railroad bridges, which shall identify the 

11 location of each bridge, its configuration, type of con12 struction, number of spans, span lengths, and all 

13 other information necessary to provide for the safe 

14 management of the bridges; 

15 (2) to ensure that a professional engineer com16 petent in the field of railroad bridge engineering, or 

17 a qualified person under the supervision of the track 

18 owner, determines bridge capacity; 

19 (3) to maintain, and update as appropriate, a 

20 record of the safe capacity of each bridge which car21 ries its track and, if available, maintain the original 

22 design documents of each bridge and a documentation 

23 of all repairs, modifications, and inspections of the 

24 bridge; 
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1 (4) to develop, maintain, and enforce a written 

2 procedure that will ensure that its bridges are not 

3 loaded beyond their capacities; 

4 (5) to conduct regular comprehensive inspections 

5 of each bridge, at least once every year, and maintain 

6 records of those inspections that include the date on 

7 which the inspection was performed, the precise iden8 tification of the bridge inspected, the items inspected, 

9 an accurate description of the condition of those 

10 items, and a narrative of any inspection item that is 

11 found by the inspector to be a potential problem; 

12 (6) to ensure that the level of detail and the in13 spection procedures are appropriate to the configura14 tion of the bridge, conditions found during previous 

15 inspections, and the nature of the railroad traffic 

16 moved over the bridge, including car weights, train 

17 frequency and length, levels of passenger and haz18 ardous materials traffic, and vulnerability of the 

19 bridge to damage; 

20 (7) to ensure that an engineer who is competent 

21 in the field of railroad bridge engineering— 

22 (A) is responsible for the development of all 

23 inspection procedures; 

24 (B) reviews all inspection reports; and 
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1 (C) determines whether bridges are being 

2 inspected according to the applicable procedures 

3 and frequency, and reviews any items noted by 

4 an inspector as exceptions; and 

5 (8) to designate qualified bridge inspectors or 

6 maintenance personnel to authorize the operation of 

7 trains on bridges following repairs, damage, or indi8 cations of potential structural problems. 

9 (c) USE OF BRIDGE MANAGEMENT PROGRAMS RE10 QUIRED.—The Secretary shall instruct bridge experts to ob11 tain copies of the most recent bridge management programs 

12 of each railroad within the expert’s areas of responsibility, 

13 and require that experts use those programs when con14 ducting bridge observations. 

15 (d) REVIEW OF DATA.—The Secretary shall establish 

16 a program to periodically review bridge inspection and 

17 maintenance data from railroad carrier bridge inspectors 

18 and Federal Railroad Administration bridge experts. 

19 SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVE20 MENT GRANTS. 

21 (a) IN GENERAL.—Subchapter II of chapter 201, as 

22 amended by section 413 of this division, is further amended 

23 by adding at the end thereof the following: 
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1 ‘‘§ 20167. Railroad safety infrastructure improvement 

2 grants 

3 ‘‘(a) GRANT PROGRAM.—The Secretary of Transpor4 tation shall establish a grant program for safety improve5 ments to railroad infrastructure, including the acquisition, 

6 improvement, or rehabilitation of intermodal or rail equip7 ment or facilities, including track, bridges, tunnels, yards, 

8 buildings, passenger stations, facilities, and maintenance 

9 and repair shops. 

10 ‘‘(b) ELIGIBILITY.—Grants shall be made under this 

11 section to eligible passenger and freight railroad carriers, 

12 and State and local governments for projects described in 

13 subsection (a). Grants shall also be made available to assist 

14 a State or political subdivision thereof in establishing a 

15 quiet zone pursuant to part 222 of title 49, Code of Federal 

16 Regulations. 

17 ‘‘(c) CONSIDERATIONS.—In awarding grants, the Sec18 retary shall consider, at a minimum— 

19 ‘‘(1) the age and condition of the rail infrastruc20 ture of the applicant; 

21 ‘‘(2) the railroad carrier’s safety record, includ22 ing accident and incident numbers and rates; 

23 ‘‘(3) the volume of hazardous materials trans24 ported by the railroad; 

25 ‘‘(4) the operation of passenger trains over the 

26 railroad; and 
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1 ‘‘(5) whether the railroad carrier has submitted 

2 a railroad safety risk reduction program, as required 

3 by section 20156. 

4 ‘‘(d) MATCHING REQUIREMENTS.—Federal funds for 

5 any eligible project under this section shall not exceed 50 

6 percent of the total cost of such project. 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to the Secretary of Transpor9 tation $5,000,000 for each of fiscal years 2010 through 2013 

10 to carry out this section. Amounts appropriated pursuant 

11 to this subsection shall remain available until expended.’’. 

12 (b) CONFORMING AMENDMENT.—The chapter analysis 

13 for chapter 201, as amended by section 413 of this division, 

14 is amended by inserting after the item relating to section 

15 20166 the following: 

‘‘20167. Railroad safety infrastructure improvement grants.’’. 

16 SEC. 419. PROMPT MEDICAL ATTENTION. 

17 (a) IN GENERAL.—Section 20109 is amended— 

18 (1) by redesignating subsections (c) through (i) 

19 as subsections (d) through (j), respectively; and 

20 (2) by inserting after subsection (b) the fol21 lowing: 

22 ‘‘(c) PROMPT MEDICAL ATTENTION.— 

23 ‘‘(1) PROHIBITION.—A railroad carrier or per24 son covered under this section may not deny, delay, 

25 or interfere with the medical or first aid treatment of 
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1 an employee who is injured during the course of em2 ployment. If transportation to a hospital is requested 

3 by an employee who is injured during the course of 

4 employment, the railroad shall promptly arrange to 

5 have the injured employee transported to the nearest 

6 hospital where the employee can receive safe and ap7 propriate medical care. 

8 ‘‘(2) DISCIPLINE.—A railroad carrier or person 

9 covered under this section may not discipline, or 

10 threaten discipline to, an employee for requesting 

11 medical or first aid treatment, or for following orders 

12 or a treatment plan of a treating physician, except 

13 that a railroad carrier’s refusal to permit an em14 ployee to return to work following medical treatment 

15 shall not be considered a violation of this section if 

16 the refusal is pursuant to Federal Railroad Adminis17 tration medical standards for fitness of duty or, if 

18 there are no pertinent Federal Railroad Administra19 tion standards, a carrier’s medical standards for fit20 ness for duty. For purposes of this paragraph, the 

21 term ‘discipline’ means to bring charges against a 

22 person in a disciplinary proceeding, suspend, termi23 nate, place on probation, or make note of reprimand 

24 on an employee’s record.’’. 
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1 (b) CONFORMING AMENDMENTS.—Section 20109 is 

2 amended— 

3 (1) in subsection (d), as redesignated by sub4 section (a) of this section— 

5 (A) by striking ‘‘(a) or (b)’’ in paragraph 

6 (1) and inserting ‘‘(a), (b), or (c)’’; 

7 (B) by striking ‘‘(c)(1)’’ in paragraph 

8 (2)(A)(i) and inserting ‘‘(d)(1)’’; 

9 (C) by striking ‘‘(a) or (b)’’ in paragraph 

10 (2)(A)(ii) and inserting ‘‘(a), (b), or (c)’’; and 

11 (2) in subsection (e), as so redesignated— 

12 (A) by striking ‘‘(c)’’ in paragraph (1) and 

13 inserting ‘‘(d)’’; 

14 (B) by striking ‘‘(c)’’ in paragraph (2) and 

15 inserting ‘‘(d)’’; 

16 (C) by striking ‘‘(c)(3)’’ in paragraph (2) 

17 and inserting ‘‘(d)(3)’’; and 

18 (D) by striking ‘‘(c)’’ in paragraph (3) and 

19 inserting ‘‘(d)’’. 

20 SEC. 420. EMPLOYEE SLEEPING QUARTERS. 

21 Section 21106 is amended— 

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A 

23 railroad carrier’’; 

24 (2) by striking ‘‘sanitary and give those employ25 ees and individuals an opportunity for rest free from 
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1 the interruptions caused by noise under the control of 

2 the carrier;’’ in paragraph (1) and inserting ‘‘sani3 tary, give those employees and individuals an oppor4 tunity for rest free from the interruptions caused by 

5 noise under the control of the carrier, and provide in6 door toilet facilities, potable water, and other features 

7 to protect the health of employees;’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(b) CAMP CARS.—Not later than December 31, 2009, 

10 any railroad carrier that uses camp cars shall fully retrofit 

11 or replace such cars in compliance with subsection (a). 

12 ‘‘(c) REGULATIONS.—Not later than April 1, 2010, the 

13 Secretary of Transportation, in coordination with the Sec14 retary of Labor, shall prescribe regulations to implement 

15 subsection (a)(1) to protect the safety and health of any em16 ployees and individuals employed to maintain the right of 

17 way of a railroad carrier that uses camp cars, which shall 

18 require that all camp cars comply with those regulations 

19 by December 31, 2010. In prescribing the regulations, the 

20 Secretary shall assess the action taken by any railroad car21 rier to fully retrofit or replace its camp cars pursuant to 

22 this section. 

23 ‘‘(d) COMPLIANCE AND ENFORCEMENT.—The Sec24 retary shall determine whether a railroad carrier has fully 

25 retrofitted or replaced a camp car pursuant to subsection 
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1 (b) and shall prohibit the use of any non-compliant camp 

2 car. The Secretary may assess civil penalties pursuant to 

3 chapter 213 for violations of this section.’’. 

4 TITLE V—RAIL PASSENGER 

5 DISASTER FAMILY ASSISTANCE 

6 SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION 

7 SAFETY BOARD TO FAMILIES OF PASSENGERS 

8 INVOLVED IN RAIL PASSENGER ACCIDENTS. 

9 (a) IN GENERAL.—Chapter 11 is amended by adding 

10 at the end of subchapter III the following: 

11 ‘‘§ 1139. Assistance to families of passengers involved 

12 in rail passenger accidents 

13 ‘‘(a) IN GENERAL.—As soon as practicable after being 

14 notified of a rail passenger accident within the United 

15 States involving a rail passenger carrier and resulting in 

16 a major loss of life, the Chairman of the National Transpor17 tation Safety Board shall— 

18 ‘‘(1) designate and publicize the name and phone 

19 number of a director of family support services who 

20 shall be an employee of the Board and shall be re21 sponsible for acting as a point of contact within the 

22 Federal Government for the families of passengers in23 volved in the accident and a liaison between the rail 

24 passenger carrier and the families; and 
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1 ‘‘(2) designate an independent nonprofit organi2 zation, with experience in disasters and post trauma 

3 communication with families, which shall have pri4 mary responsibility for coordinating the emotional 

5 care and support of the families of passengers in6 volved in the accident. 

7 ‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board 

8 shall have primary Federal responsibility for— 

9 ‘‘(1) facilitating the recovery and identification 

10 of fatally injured passengers involved in an accident 

11 described in subsection (a); and 

12 ‘‘(2) communicating with the families of pas13 sengers involved in the accident as to the roles, with 

14 respect to the accident and the post-accident activi15 ties, of— 

16 ‘‘(A) the organization designated for an ac17 cident under subsection (a)(2); 

18 ‘‘(B) Government agencies; and 

19 ‘‘(C) the rail passenger carrier involved. 

20 ‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZA21 TION.—The organization designated for an accident under 

22 subsection (a)(2) shall have the following responsibilities 

23 with respect to the families of passengers involved in the 

24 accident: 
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1 ‘‘(1) To provide mental health and counseling 

2 services, in coordination with the disaster response 

3 team of the rail passenger carrier involved. 

4 ‘‘(2) To take such actions as may be necessary 

5 to provide an environment in which the families may 

6 grieve in private. 

7 ‘‘(3) To meet with the families who have traveled 

8 to the location of the accident, to contact the families 

9 unable to travel to such location, and to contact all 

10 affected families periodically thereafter until such 

11 time as the organization, in consultation with the di12 rector of family support services designated for the ac13 cident under subsection (a)(1), determines that fur14 ther assistance is no longer needed. 

15 ‘‘(4) To arrange a suitable memorial service, in 

16 consultation with the families. 

17 ‘‘(d) PASSENGER LISTS.— 

18 ‘‘(1) REQUESTS FOR PASSENGER LISTS.— 

19 ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY

20 SUPPORT SERVICES.—It shall be the responsi21 bility of the director of family support services 

22 designated for an accident under subsection 

23 (a)(1) to request, as soon as practicable, from the 

24 rail passenger carrier involved in the accident a 

25 list, which is based on the best available infor-
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1 mation at the time of the request, of the names 

2 of the passengers that were aboard the rail pas3 senger carrier’s train involved in the accident. A 

4 rail passenger carrier shall use reasonable efforts, 

5 with respect to its unreserved trains, and pas6 sengers not holding reservations on its other 

7 trains, to ascertain the names of passengers 

8 aboard a train involved in an accident. 

9 ‘‘(B) REQUESTS BY DESIGNATED ORGANIZA10 TION.—The organization designated for an acci11 dent under subsection (a)(2) may request from 

12 the rail passenger carrier involved in the acci13 dent a list described in subparagraph (A). 

14 ‘‘(2) USE OF INFORMATION.—Except as provided 

15 in subsection (k), the director of family support serv16 ices and the organization may not release to any per17 son information on a list obtained under paragraph 

18 (1) but may provide information on the list about a 

19 passenger to the family of the passenger to the extent 

20 that the director of family support services or the or21 ganization considers appropriate. 

22 ‘‘(e) CONTINUING RESPONSIBILITIES OF THE

23 BOARD.—In the course of its investigation of an accident 

24 described in subsection (a), the Board shall, to the max-
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1 imum extent practicable, ensure that the families of pas2 sengers involved in the accident— 

3 ‘‘(1) are briefed, prior to any public briefing, 

4 about the accident and any other findings from the 

5 investigation; and 

6 ‘‘(2) are individually informed of and allowed to 

7 attend any public hearings and meetings of the Board 

8 about the accident. 

9 ‘‘(f) USE OF RAIL PASSENGER CARRIER RE10 SOURCES.—To the extent practicable, the organization des11 ignated for an accident under subsection (a)(2) shall coordi12 nate its activities with the rail passenger carrier involved 

13 in the accident to facilitate the reasonable use of the re14 sources of the carrier. 

15 ‘‘(g) PROHIBITED ACTIONS.— 

16 ‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No per17 son (including a State or political subdivision there18 of) may impede the ability of the Board (including 

19 the director of family support services designated for 

20 an accident under subsection (a)(1)), or an organiza21 tion designated for an accident under subsection 

22 (a)(2), to carry out its responsibilities under this sec23 tion or the ability of the families of passengers in24 volved in the accident to have contact with one an25 other. 
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1 ‘‘(2) UNSOLICITED COMMUNICATIONS.—No unso2 licited communication concerning a potential action 

3 or settlement offer for personal injury or wrongful 

4 death may be made by an attorney (including any 

5 associate, agent, employee, or other representative of 

6 an attorney) or any potential party to the litigation, 

7 including the railroad carrier or rail passenger car8 rier, to an individual (other than an employee of the 

9 rail passenger carrier) injured in the accident, or to 

10 a relative of an individual involved in the accident, 

11 before the 45th day following the date of the accident. 

12 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

13 MENTAL HEALTH AND COUNSELING SERVICES.—No 

14 State or political subdivision thereof may prevent the 

15 employees, agents, or volunteers of an organization 

16 designated for an accident under subsection (a)(2) 

17 from providing mental health and counseling services 

18 under subsection (c)(1) in the 30-day period begin19 ning on the date of the accident. The director of fam20 ily support services designated for the accident under 

21 subsection (a)(1) may extend such period for not to 

22 exceed an additional 30 days if the director deter23 mines that the extension is necessary to meet the 

24 needs of the families and if State and local authori25 ties are notified of the determination. 
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1 ‘‘(h) DEFINITIONS.—In this section: 

2 ‘‘(1) RAIL PASSENGER ACCIDENT.—The term 

3 ‘rail passenger accident’ means any rail passenger 

4 disaster resulting in a major loss of life occurring in 

5 the provision of— 

6 ‘‘(A) interstate intercity rail passenger 

7 transportation (as such term is defined in sec8 tion 24102); or 

9 ‘‘(B) interstate or intrastate high-speed rail 

10 (as such term is defined in section 26105) trans11 portation, 

12 regardless of its cause or suspected cause. 

13 ‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail 

14 passenger carrier’ means a rail carrier providing— 

15 ‘‘(A) interstate intercity rail passenger 

16 transportation (as such term is defined in sec17 tion 24102); or 

18 ‘‘(B) interstate or intrastate high-speed rail 

19 (as such term is defined in section 26105) trans20 portation, 

21 except that such term does not include a tourist, his22 toric, scenic, or excursion rail carrier. 

23 ‘‘(3) PASSENGER.—The term ‘passenger’ in24 cludes— 
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1 ‘‘(A) an employee of a rail passenger car2 rier aboard a train; 

3 ‘‘(B) any other person aboard the train 

4 without regard to whether the person paid for the 

5 transportation, occupied a seat, or held a res6 ervation for the rail transportation; and 

7 ‘‘(C) any other person injured or killed in 

8 a rail passenger accident, as determined appro9 priate by the Board. 

10 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.— 

11 Nothing in this section may be construed as limiting the 

12 actions that a rail passenger carrier may take, or the obli13 gations that a rail passenger carrier may have, in pro14 viding assistance to the families of passengers involved in 

15 a rail passenger accident. 

16 ‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRI17 ORITY.— 

18 ‘‘(1) GENERAL RULE.—This section (other than 

19 subsection (g)) shall not apply to a railroad passenger 

20 accident if the Board has relinquished investigative 

21 priority under section 1131(a)(2)(B) and the Federal 

22 agency to which the Board relinquished investigative 

23 priority is willing and able to provide assistance to 

24 the victims and families of the passengers involved in 

25 the accident. 
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1 ‘‘(2) BOARD ASSISTANCE.—If this section does 

2 not apply to a railroad passenger accident because the 

3 Board has relinquished investigative priority with re4 spect to the accident, the Board shall assist, to the 

5 maximum extent possible, the agency to which the 

6 Board has relinquished investigative priority in as7 sisting families with respect to the accident. 

8 ‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall 

9 be construed to abridge the authority of the Board or the 

10 Secretary of Transportation to investigate the causes or cir11 cumstances of any rail accident, including development of 

12 information regarding the nature of injuries sustained and 

13 the manner in which they were sustained for the purposes 

14 of determining compliance with existing laws and regula15 tions or for identifying means of preventing similar inju16 ries in the future, or both.’’. 

17 (b) CONFORMING AMENDMENT.—The chapter analysis 

18 for chapter 11 is amended by inserting after the item relat19 ing to section 1138 the following: 

‘‘1139. Assistance to families of passengers involved in rail passenger accidents.’’. 

20 SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMI21 LIES OF PASSENGERS INVOLVED IN RAIL PAS22 SENGER ACCIDENTS. 

23 (a) IN GENERAL.—Chapter 243 is amended by adding 

24 at the end the following: 
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1 ‘‘§ 24316. Plans to address needs of families of pas2 sengers involved in rail passenger acci3 dents 

4 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months 

5 after the date of the enactment of the Rail Safety Improve6 ment Act of 2008, a rail passenger carrier shall submit to 

7 the Chairman of the National Transportation Safety 

8 Board, the Secretary of Transportation, and the Secretary 

9 of Homeland Security a plan for addressing the needs of 

10 the families of passengers involved in any rail passenger 

11 accident involving a rail passenger carrier intercity train 

12 and resulting in a major loss of life. 

13 ‘‘(b) CONTENTS OF PLANS.—A plan to be submitted 

14 by a rail passenger carrier under subsection (a) shall in15 clude, at a minimum, the following: 

16 ‘‘(1) A process by which a rail passenger carrier 

17 will maintain and provide to the National Transpor18 tation Safety Board, the Secretary of Transportation, 

19 and the Secretary of Homeland Security immediately 

20 upon request, a list (which is based on the best avail21 able information at the time of the request) of the 

22 names of the passengers aboard the train (whether or 

23 not such names have been verified), and will periodi24 cally update the list. The plan shall include a proce25 dure, with respect to unreserved trains and passengers 

26 not holding reservations on other trains, for the rail 
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1 passenger carrier to use reasonable efforts to ascertain 

2 the names of passengers aboard a train involved in 

3 an accident. 

4 ‘‘(2) A process for notifying the families of the 

5 passengers, before providing any public notice of the 

6 names of the passengers, either by utilizing the serv7 ices of the organization designated for the accident 

8 under section 1139(a)(2) of this title or the services 

9 of other suitably trained individuals. 

10 ‘‘(3) A plan for creating and publicizing a reli11 able, toll-free telephone number within 4 hours after 

12 such an accident occurs, and for providing staff, to 

13 handle calls from the families of the passengers. 

14 ‘‘(4) A process for providing the notice described 

15 in paragraph (2) to the family of a passenger as soon 

16 as the rail passenger carrier has verified that the pas17 senger was aboard the train (whether or not the 

18 names of all of the passengers have been verified). 

19 ‘‘(5) An assurance that, upon request of the fam20 ily of a passenger, the rail passenger carrier will in21 form the family of whether the passenger’s name ap22 peared on any preliminary passenger manifest for the 

23 train involved in the accident. 

24 ‘‘(6) A process by which the family of each pas25 senger will be consulted about the disposition of all 
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1 remains and personal effects of the passenger within 

2 the control of the rail passenger carrier and by which 

3 any possession of the passenger within the control of 

4 the rail passenger carrier (regardless of its condi5 tion)— 

6 ‘‘(A) will be retained by the rail passenger 

7 carrier for at least 18 months; and 

8 ‘‘(B) will be returned to the family unless 

9 the possession is needed for the accident inves10 tigation or any criminal investigation. 

11 ‘‘(7) A process by which the treatment of the 

12 families of nonrevenue passengers will be the same as 

13 the treatment of the families of revenue passengers. 

14 ‘‘(8) An assurance that the rail passenger carrier 

15 will provide adequate training to the employees and 

16 agents of the carrier to meet the needs of survivors 

17 and family members following an accident. 

18 ‘‘(9) An assurance that the family of each pas19 senger or other person killed in the accident will be 

20 consulted about construction by the rail passenger 

21 carrier of any monument to the passengers, including 

22 any inscription on the monument. 

23 ‘‘(10) An assurance that the rail passenger car24 rier will work with any organization designated 

25 under section 1139(a)(2) of this title on an ongoing 
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1 basis to ensure that families of passengers receive an 

2 appropriate level of services and assistance following 

3 each accident. 

4 ‘‘(11) An assurance that the rail passenger car5 rier will provide reasonable compensation to any or6 ganization designated under section 1139(a)(2) of this 

7 title for services provided by the organization. 

8 ‘‘(c) USE OF INFORMATION.—Neither the National 

9 Transportation Safety Board, the Secretary of Transpor10 tation, the Secretary of Homeland Security, nor a rail pas11 senger carrier may release to the public any personal infor12 mation on a list obtained under subsection (b)(1), but may 

13 provide information on the list about a passenger to the 

14 passenger’s family members to the extent that the Board or 

15 a rail passenger carrier considers appropriate. 

16 ‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.— 

17 ‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in 

18 this section may be construed as limiting the actions 

19 that a rail passenger carrier may take, or the obliga20 tions that a rail passenger carrier may have, in pro21 viding assistance to the families of passengers in22 volved in a rail passenger accident. 

23 ‘‘(2) INVESTIGATIONAL AUTHORITY OF BOARD

24 AND SECRETARY.—Nothing in this section shall be 

25 construed to abridge the authority of the Board or the 
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1 Secretary of Transportation to investigate the causes 

2 or circumstances of any rail accident, including the 

3 development of information regarding the nature of 

4 injuries sustained and the manner in which they were 

5 sustained, for the purpose of determining compliance 

6 with existing laws and regulations or identifying 

7 means of preventing similar injuries in the future. 

8 ‘‘(e) LIMITATION ON LIABILITY.—A rail passenger car9 rier shall not be liable for damages in any action brought 

10 in a Federal or State court arising out of the performance 

11 of the rail passenger carrier in preparing or providing a 

12 passenger list, or in providing information concerning a 

13 train reservation, pursuant to a plan submitted by the rail 

14 passenger carrier under subsection (b), unless such liability 

15 was caused by conduct of the rail passenger carrier which 

16 was grossly negligent or which constituted intentional mis17 conduct. 

18 ‘‘(f) DEFINITIONS.—In this section, the terms ‘pas19 senger’ and ‘rail passenger accident’ have the meaning 

20 given those terms by section 1139 of this title. 

21 ‘‘(g) FUNDING.—Out of funds appropriated pursuant 

22 to section 20117(a)(1)(A), there shall be made available to 

23 the Secretary of Transportation $500,000 for fiscal year 

24 2010 to carry out this section. Amounts made available 
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1 pursuant to this subsection shall remain available until ex2 pended.’’. 

3 (b) CONFORMING AMENDMENT.—The chapter analysis 

4 for chapter 243 is amended by inserting after the item relat5 ing to section 24315 the following: 

‘‘24316.Plan to assist families of passengers involved in rail passenger accidents.’’. 

6 SEC. 503. ESTABLISHMENT OF TASK FORCE. 

7 (a) ESTABLISHMENT.—The Secretary, in cooperation 

8 with the National Transportation Safety Board, organiza9 tions potentially designated under section 1139(a)(2) of 

10 title 49, United States Code, rail passenger carriers (as de11 fined in section 1139(h)(2) of title 49, United States Code), 

12 and families which have been involved in rail accidents, 

13 shall establish a task force consisting of representatives of 

14 such entities and families, representatives of rail passenger 

15 carrier employees, and representatives of such other entities 

16 as the Secretary considers appropriate. 

17 (b) MODEL PLAN AND RECOMMENDATIONS.—The task 

18 force established pursuant to subsection (a) shall develop— 

19 (1) a model plan to assist rail passenger carriers 

20 in responding to passenger rail accidents; 

21 (2) recommendations on methods to improve the 

22 timeliness of the notification provided by passenger 

23 rail carriers to the families of passengers involved in 

24 a passenger rail accident; 
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1 (3) recommendations on methods to ensure that 

2 the families of passengers involved in a passenger rail 

3 accident who are not citizens of the United States re4 ceive appropriate assistance; and 

5 (4) recommendations on methods to ensure that 

6 emergency services personnel have as immediate and 

7 accurate a count of the number of passengers onboard 

8 the train as possible. 

9 (c) REPORT.—Not later than 1 year after the date of 

10 the enactment of this Act, the Secretary shall transmit a 

11 report to the House of Representatives Committee on Trans12 portation and Infrastructure and the Senate Committee on 

13 Commerce, Science, and Transportation containing the 

14 model plan and recommendations developed by the task 

15 force under subsection (b). 

16 TITLE VI—CLARIFICATION OF 

17 FEDERAL JURISDICTION 

18 OVER SOLID WASTE FACILI19 TIES 

20 SEC. 601. SHORT TITLE. 

21 This title may be cited as the ‘‘Clean Railroads Act 

22 of 2008’’. 

23 SEC. 602. CLARIFICATION OF GENERAL JURISDICTION 

24 OVER SOLID WASTE TRANSFER FACILITIES. 

25 Section 10501(c)(2) is amended to read as follows: 
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1 ‘‘(2) Except as provided in paragraph (3), the Board 

2 does not have jurisdiction under this part over— 

3 ‘‘(A) mass transportation provided by a local 

4 government authority; or 

5 ‘‘(B) a solid waste rail transfer facility as de6 fined in section 10908 of this title, except as provided 

7 under sections 10908 and 10909 of this title.’’. 

8 SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER 

9 FACILITIES. 

10 (a) IN GENERAL.—Chapter 109 is amended by adding 

11 at the end thereof the following: 

12 ‘‘§ 10908. Regulation of solid waste rail transfer facili13 ties 

14 ‘‘(a) IN GENERAL.—Each solid waste rail transfer fa15 cility shall be subject to and shall comply with all applica16 ble Federal and State requirements, both substantive and 

17 procedural, including judicial and administrative orders 

18 and fines, respecting the prevention and abatement of pollu19 tion, the protection and restoration of the environment, and 

20 the protection of public health and safety, including laws 

21 governing solid waste, to the same extent as required for 

22 any similar solid waste management facility, as defined in 

23 section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 

24 6903(29)) that is not owned or operated by or on behalf 
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1 of a rail carrier, except as provided for in section 10909 

2 of this chapter. 

3 ‘‘(b) EXISTING FACILITIES.— 

4 ‘‘(1) STATE LAWS AND STANDARDS.—Not later 

5 than 90 days after the date of enactment of the Clean 

6 Railroads Act of 2008, a solid waste rail transfer fa7 cility operating as of such date of enactment shall 

8 comply with all Federal and State requirements pur9 suant to subsection (a) other than those provisions re10 quiring permits. 

11 ‘‘(2) PERMIT REQUIREMENTS.— 

12 ‘‘(A) STATE NON-SITING PERMITS.—Any 

13 solid waste rail transfer facility operating as of 

14 the date of enactment of the Clean Railroads Act 

15 of 2008 that does not possess a permit required 

16 pursuant to subsection (a), other than a siting 

17 permit for the facility, as of the date of enact18 ment of the Clean Railroads Act of 2008 shall 

19 not be required to possess any such permits in 

20 order to operate the facility— 

21 ‘‘(i) if, within 180 days after such date 

22 of enactment, the solid waste rail transfer 

23 facility has submitted, in good faith, a com24 plete application for all permits, except 

25 siting permits, required pursuant to sub-
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1 section (a) to the appropriate permitting 

2 agency authorized to grant such permits; 

3 and 

4 ‘‘(ii) until the permitting agency has 

5 either approved or denied the solid waste 

6 rail transfer facility’s application for each 

7 permit. 

8 ‘‘(B) SITING PERMITS AND REQUIRE9 MENTS.—A solid waste rail transfer facility op10 erating as of the date of enactment of the Clean 

11 Railroads Act of 2008 that does not possess a 

12 State siting permit required pursuant to sub13 section (a) as of such date of enactment shall not 

14 be required to possess any siting permit to con15 tinue to operate or comply with any State land 

16 use requirements. The Governor of a State in 

17 which the facility is located, or his or her des18 ignee, may petition the Board to require the fa19 cility to apply for a land-use exemption pursu20 ant to section 10909 of this chapter. The Board 

21 shall accept the petition, and the facility shall be 

22 required to have a Board-issued land-use exemp23 tion in order to continue to operate, pursuant to 

24 section 10909 of this chapter. 
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1 ‘‘(c) COMMON CARRIER OBLIGATION.—No prospective 

2 or current rail carrier customer may demand solid waste 

3 rail transfer service from a rail carrier at a solid waste 

4 rail transfer facility that does not already possess the nec5 essary Federal land-use exemption and State permits at the 

6 location where service is requested. 

7 ‘‘(d) NON-WASTE COMMODITIES.—Nothing in this sec8 tion or section 10909 of this chapter shall affect a rail car9 rier’s ability to conduct transportation-related activities 

10 with respect to commodities other than solid waste. 

11 ‘‘(e) DEFINITIONS.— 

12 ‘‘(1) IN GENERAL.—In this section: 

13 ‘‘(A) COMMERCIAL AND RETAIL WASTE.— 

14 The term ‘commercial and retail waste’ means 

15 material discarded by stores, offices, restaurants, 

16 warehouses, nonmanufacturing activities at in17 dustrial facilities, and other similar establish18 ments or facilities. 

19 ‘‘(B) CONSTRUCTION AND DEMOLITION DE20 BRIS.—The term ‘construction and demolition 

21 debris’ means waste building materials, pack22 aging, and rubble resulting from construction, 

23 remodeling, repair, and demolition operations on 

24 pavements, houses, commercial buildings, and 

25 other structures. 
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1 ‘‘(C) HOUSEHOLD WASTE.—The term 

2 ‘household waste’ means material discarded by 

3 residential dwellings, hotels, motels, and other 

4 similar permanent or temporary housing estab5 lishments or facilities. 

6 ‘‘(D) INDUSTRIAL WASTE.—The term ‘in7 dustrial waste’ means the solid waste generated 

8 by manufacturing and industrial and research 

9 and development processes and operations, in10 cluding contaminated soil, nonhazardous oil spill 

11 cleanup waste and dry nonhazardous pesticides 

12 and chemical waste, but does not include haz13 ardous waste regulated under subtitle C of the 

14 Solid Waste Disposal Act (42 U.S.C. 6921 et 

15 seq.), mining or oil and gas waste. 

16 ‘‘(E) INSTITUTIONAL WASTE.—The term ‘in17 stitutional waste’ means material discarded by 

18 schools, nonmedical waste discarded by hospitals, 

19 material discarded by nonmanufacturing activi20 ties at prisons and government facilities, and 

21 material discarded by other similar establish22 ments or facilities. 

23 ‘‘(F) MUNICIPAL SOLID WASTE.—The term 

24 ‘municipal solid waste’ means— 

25 ‘‘(i) household waste; 
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1 ‘‘(ii) commercial and retail waste; and 

2 ‘‘(iii) institutional waste. 

3 ‘‘(G) SOLID WASTE.—With the exception of 

4 waste generated by a rail carrier during track, 

5 track structure, or right-of-way construction, 

6 maintenance, or repair (including railroad ties 

7 and line-side poles) or waste generated as a re8 sult of a railroad accident, incident, or derail9 ment, the term ‘solid waste’ means— 

10 ‘‘(i) construction and demolition de11 bris; 

12 ‘‘(ii) municipal solid waste; 

13 ‘‘(iii) household waste; 

14 ‘‘(iv) commercial and retail waste; 

15 ‘‘(v) institutional waste; 

16 ‘‘(vi) sludge; 

17 ‘‘(vii) industrial waste; and 

18 ‘‘(viii) other solid waste, as determined 

19 appropriate by the Board. 

20 ‘‘(H) SOLID WASTE RAIL TRANSFER FACIL21 ITY.—The term ‘solid waste rail transfer facil22 ity’— 

23 ‘‘(i) means the portion of a facility 

24 owned or operated by or on behalf of a rail 

25 carrier (as defined in section 10102 of this 
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1 title) where solid waste, as a commodity to 

2 be transported for a charge, is collected, 

3 stored, separated, processed, treated, man4 aged, disposed of, or transferred, when the 

5 activity takes place outside of original ship6 ping containers; but 

7 ‘‘(ii) does not include— 

8 ‘‘(I) the portion of a facility to the 

9 extent that activities taking place at 

10 such portion are comprised solely of 

11 the railroad transportation of solid 

12 waste after the solid waste is loaded for 

13 shipment on or in a rail car, including 

14 railroad transportation for the purpose 

15 of interchanging railroad cars con16 taining solid waste shipments; or 

17 ‘‘(II) a facility where solid waste 

18 is solely transferred or transloaded 

19 from a tank truck directly to a rail 

20 tank car. 

21 ‘‘(I) SLUDGE.—The term ‘sludge’ means 

22 any solid, semi-solid or liquid waste generated 

23 from a municipal, commercial, or industrial 

24 wastewater treatment plant, water supply treat25 ment plant, or air pollution control facility ex-
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1 clusive of the treated effluent from a wastewater 

2 treatment plant. 

3 ‘‘(2) EXCEPTIONS.—Notwithstanding paragraph 

4 (1), the terms ‘household waste’, ‘commercial and re5 tail waste’, and ‘institutional waste’ do not include— 

6 ‘‘(A) yard waste and refuse-derived fuel; 

7 ‘‘(B) used oil; 

8 ‘‘(C) wood pallets; 

9 ‘‘(D) clean wood; 

10 ‘‘(E) medical or infectious waste; or 

11 ‘‘(F) motor vehicles (including motor vehicle 

12 parts or vehicle fluff). 

13 ‘‘(3) STATE REQUIREMENTS.—In this section the 

14 term ‘State requirements’ does not include the laws, 

15 regulations, ordinances, orders, or other requirements 

16 of a political subdivision of a State, including a lo17 cality or municipality, unless a State expressly dele18 gates such authority to such political subdivision.’’. 

19 (b) CONFORMING AMENDMENT.—The chapter analysis 

20 for chapter 109 is amended by inserting after the item relat21 ing to section 10907 the following: 

‘‘10908. Regulation of solid waste rail transfer facilities.’’. 

22 SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND23 USE EXEMPTION AUTHORITY. 

24 (a) IN GENERAL.—Chapter 109 is further amended by 

25 adding at the end thereof the following: 
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1 ‘‘§ 10909. Solid waste rail transfer facility land-use ex2 emption 

3 ‘‘(a) AUTHORITY.—The Board may issue a land-use 

4 exemption for a solid waste rail transfer facility that is or 

5 is proposed to be operated by or on behalf of a rail carrier 

6 if— 

7 ‘‘(1) the Board finds that a State, local, or mu8 nicipal law, regulation, order, or other requirement 

9 affecting the siting of such facility unreasonably bur10 dens the interstate transportation of solid waste by 

11 railroad, discriminates against the railroad transpor12 tation of solid waste and a solid waste rail transfer 

13 facility, or a rail carrier that owns or operates such 

14 a facility petitions the Board for such an exemption; 

15 or 

16 ‘‘(2) the Governor of a State in which a facility 

17 that is operating as of the date of enactment of the 

18 Clean Railroads Act of 2008 is located, or his or her 

19 designee, petitions the Board to initiate a permit pro20 ceeding for that particular facility. 

21 ‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later 

22 than 90 days after the date of enactment of the Clean Rail23 road Act of 2008, the Board shall publish procedures gov24 erning the submission and review of applications for solid 

25 waste rail transfer facility land-use exemptions. At a min26 imum, the procedures shall address— 
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1 ‘‘(1) the information that each application 

2 should contain to explain how the solid waste rail 

3 transfer facility will not pose an unreasonable risk to 

4 public health, safety, or the environment; 

5 ‘‘(2) the opportunity for public notice and com6 ment including notification of the municipality, the 

7 State, and any relevant Federal or State regional 

8 planning entity in the jurisdiction of which the solid 

9 waste rail transfer facility is proposed to be located; 

10 ‘‘(3) the timeline for Board review, including a 

11 requirement that the Board approve or deny an ex12 emption within 90 days after the full record for the 

13 application is developed; 

14 ‘‘(4) the expedited review timelines for petitions 

15 for modifications, amendments, or revocations of 

16 granted exemptions; 

17 ‘‘(5) the process for a State to petition the Board 

18 to require a solid waste transfer facility or a rail car19 rier that owns or operates such a facility to apply for 

20 a siting permit; and 

21 ‘‘(6) the process for a solid waste transfer facility 

22 or a rail carrier that owns or operates such a facility 

23 to petition the Board for a land-use exemption. 

24 ‘‘(c) STANDARD FOR REVIEW.— 
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1 ‘‘(1) The Board may only issue a land-use ex2 emption if it determines that the facility at the exist3 ing or proposed location does not pose an unreason4 able risk to public health, safety, or the environment. 

5 In deciding whether a solid waste rail transfer facil6 ity that is or proposed to be constructed or operated 

7 by or on behalf of a rail carrier poses an unreason8 able risk to public health, safety, or the environment, 

9 the Board shall weigh the particular facility’s poten10 tial benefits to and the adverse impacts on public 

11 health, public safety, the environment, interstate com12 merce, and transportation of solid waste by rail. 

13 ‘‘(2) The Board may not grant a land-use ex14 emption for a solid waste rail transfer facility pro15 posed to be located on land within any unit of or 

16 land affiliated with the National Park System, the 

17 National Wildlife Refuge System, the National Wil18 derness Preservation System, the National Trails Sys19 tem, the National Wild and Scenic Rivers System, a 

20 National Reserve, a National Monument, or lands ref21 erenced in Public Law 108–421 for which a State has 

22 implemented a conservation management plan, if op23 eration of the facility would be inconsistent with re24 strictions placed on such land. 
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1 ‘‘(d) CONSIDERATIONS.—When evaluating an applica2 tion under this section, the Board shall consider and give 

3 due weight to the following, as applicable: 

4 ‘‘(1) the land-use, zoning, and siting regulations 

5 or solid waste planning requirements of the State or 

6 State subdivision in which the facility is or will be 

7 located that are applicable to solid waste transfer fa8 cilities, including those that are not owned or oper9 ated by or on behalf of a rail carrier; 

10 ‘‘(2) the land-use, zoning, and siting regulations 

11 or solid waste planning requirements applicable to 

12 the property where the solid waste rail transfer facil13 ity is proposed to be located; 

14 ‘‘(3) regional transportation planning require15 ments developed pursuant to Federal and State law; 

16 ‘‘(4) regional solid waste disposal plans devel17 oped pursuant to State or Federal law; 

18 ‘‘(5) any Federal and State environmental pro19 tection laws or regulations applicable to the site; 

20 ‘‘(6) any unreasonable burdens imposed on the 

21 interstate transportation of solid waste by railroad, 

22 or the potential for discrimination against the rail23 road transportation of solid waste, a solid waste rail 

24 transfer facility, or a rail carrier that owns or oper25 ates such a facility; and 
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1 ‘‘(7) any other relevant factors, as determined by 

2 the Board. 

3 ‘‘(e) EXISTING FACILITIES.—Upon the granting of pe4 tition from the State in which a solid waste rail transfer 

5 facility is operating as of the date of enactment of the Clean 

6 Railroads Act of 2008 by the Board, the facility shall sub7 mit a complete application for a siting permit to the Board 

8 pursuant to the procedures issued pursuant to subsection 

9 (b). No State may enforce a law, regulation, order, or other 

10 requirement affecting the siting of a facility that is oper11 ating as of the date of enactment of the Clean Railroads 

12 Act of 2008 until the Board has approved or denied a per13 mit pursuant to subsection (c). 

14 ‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If the Board 

15 grants a land-use exemption to a solid waste rail transfer 

16 facility, all State laws, regulations, orders, or other require17 ments affecting the siting of a facility are preempted with 

18 regard to that facility. An exemption may require compli19 ance with such State laws, regulations, orders, or other re20 quirements. 

21 ‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section 

22 precludes a person from seeking an injunction to enjoin a 

23 solid waste rail transfer facility from being constructed or 

24 operated by or on behalf of a rail carrier if that facility 

25 has materially violated, or will materially violate, its land- 
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1 use exemption or if it failed to receive a valid land-use ex2 emption under this section. 

3 ‘‘(h) FEES.—The Board may charge permit applicants 

4 reasonable fees to implement this section, including the costs 

5 of third-party consultants. 

6 ‘‘(i) DEFINITIONS.—In this section the terms ‘solid 

7 waste’, ‘solid waste rail transfer facility’, and ‘State re8 quirements’ have the meaning given such terms in section 

9 10908(e).’’. 

10 (b) CONFORMING AMENDMENT.—The chapter analysis 

11 for chapter 109, as amended by section 603 of this division, 

12 is amended by inserting after the item relating to section 

13 10908 the following: 

‘‘10909. Solid waste rail transfer facility land-use exemption.’’. 

14 SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES. 

15 (a) IN GENERAL.—Chapter 109, as amended by sec16 tion 604, is further amended by adding at the end thereof 

17 the following: 

18 ‘‘§ 10910. Effect on other statutes and authorities 

19 ‘‘Nothing in section 10908 or 10909 is intended to af20 fect the traditional police powers of the State to require a 

21 rail carrier to comply with State and local environmental, 

22 public health, and public safety standards that are not un23 reasonably burdensome to interstate commerce and do not 

24 discriminate against rail carriers.’’. 
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1 (b) CONFORMING AMENDMENT.—The chapter analysis 

2 for chapter 109, as amended by section 604 of this division, 

3 is amended by inserting after the item relating to section 

4 10909 the following: 

‘‘10910. Effect on other statutes and authorities.’’. 

5 TITLE VII—TECHNICAL 

6 CORRECTIONS 

7 SEC. 701. TECHNICAL CORRECTIONS. 

8 (a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 

9 22106 is amended— 

10 (1) by striking the second sentence of subsection 

11 (a); 

12 (2) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT

15 INTEREST RECOVERIES.—The State shall place the United 

16 States Government’s share of money that is repaid and any 

17 contingent interest that is recovered in an interest-bearing 

18 account. The repaid money, contingent interest, and any 

19 interest thereof shall be considered to be State funds. The 

20 State shall use such funds to make other grants and loans, 

21 consistent with the purposes for which financial assistance 

22 may be used under subsection (a), as the State considers 

23 to be appropriate.’’; and 

24 (3) by striking subsections (c) and (e) and redes25 ignating subsection (d) as subsection (c). 
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1 (b) GRANTS FOR CLASS II AND III RAILROADS.—Sec2 tion 22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and 

3 inserting ‘‘or’’. 

4 (c) RAIL TRANSPORTATION OF RENEWABLE FUEL

5 STUDY.—Section 245(a)(1) of the Energy Independence 

6 and Security Act of 2007 is amended by striking ‘‘Sec7 retary, in coordination with the Secretary of Transpor8 tation,’’ and inserting ‘‘Secretary and the Secretary of 

9 Transportation’’. 

10 (d) MOTOR CARRIER DEFINITION.— 

11 Section 14504a is amended— 

12 (1) in subsection (a)— 

13 (A) in the matter preceding paragraph (1), 

14 by inserting ‘‘(except as provided in paragraph 

15 (5))’’ after ‘‘14506’’; 

16 (B) in paragraph (1), by striking subpara17 graph (A) and inserting the following: 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the term ‘commercial motor 

20 vehicle’— 

21 ‘‘(i) for calendar years 2008 and 2009, 

22 has the meaning given the term in section 

23 31101; and 
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1 ‘‘(ii) for years beginning after Decem2 ber 31, 2009, means a self-propelled vehicle 

3 described in section 31101.’’; and 

4 (C) by striking paragraph (5) and inserting 

5 the following: 

6 ‘‘(5) MOTOR CARRIER.— 

7 ‘‘(A) THIS SECTION.—In this section: 

8 ‘‘(i) IN GENERAL.—The term ‘motor 

9 carrier’ includes all carriers that are other10 wise exempt from this part— 

11 ‘‘(I) under subchapter I of chapter 

12 135; or 

13 ‘‘(II) through exemption actions 

14 by the former Interstate Commerce 

15 Commission under this title. 

16 ‘‘(ii) EXCLUSIONS.—In this section, the 

17 term ‘motor carrier’ does not include— 

18 ‘‘(I) any carrier subject to section 

19 13504; or 

20 ‘‘(II) any other carrier that the 

21 board of directors of the unified carrier 

22 registration plan determines to be ap23 propriate pursuant to subsection 

24 (d)(4)(C). 
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1 ‘‘(B) SECTION 14506.—In section 14506, 

2 the term ‘motor carrier’ includes all carriers that 

3 are otherwise exempt from this part— 

4 ‘‘(i) under subchapter I of chapter 135; 

5 or 

6 ‘‘(ii) through exemption actions by the 

7 former Interstate Commerce Commission 

8 under this title.’’; and 

9 (2) in subsection (d)(4)(C), by inserting before 

10 the period at the end the following: ‘‘, except that a 

11 decision to approve the exclusion of carriers from the 

12 definition of the term ‘motor carrier’ under subsection 

(a)(5) shall require an affirmative vote of 3 13 ⁄4 of all 

14 such directors.’’. 

15 (e) EXTENSION OF LOAN PERIOD.—Section 502(g)(1) 

16 of the Railroad Revitalization and Regulatory Reform Act 

17 of 1976 (45 U.S.C. 822(g)(1)) is amended by striking ‘‘25 

18 years’’ and inserting ‘‘35 years’’. 

19 DIVISION B—AMTRAK 

20 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

21 (a) SHORT TITLE.—This division may be cited as the 

22 ‘‘Passenger Rail Investment and Improvement Act of 

23 2008’’. 

24 (b) TABLE OF CONTENTS.—The table of contents for 

25 this division is as follows: 

Sec. 1. Short title; table of contents. 
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Sec. 2. Amendment of title 49, United States Code. 

Sec. 3. Definition. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorization for Amtrak capital and operating expenses. 

Sec. 102. Repayment of long-term debt and capital leases. 

Sec. 103. Authorization for the Federal Railroad Administration. 

TITLE II—AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS 

Sec. 201. National railroad passenger transportation system defined. 

Sec. 202. Amtrak board of directors. 

Sec. 203. Establishment of improved financial accounting system. 

Sec. 204. Development of 5-year financial plan. 

Sec. 205. Restructuring long-term debt and capital leases. 

Sec. 206. Establishment of grant process. 

Sec. 207. Metrics and standards. 

Sec. 208. Methodologies for Amtrak route and service planning decisions. 

Sec. 209. State-supported routes. 

Sec. 210. Long-distance routes. 

Sec. 211. Northeast Corridor state-of-good-repair plan. 

Sec. 212. Northeast Corridor infrastructure and operations improvements. 

Sec. 213. Passenger train performance. 

Sec. 214. Alternate passenger rail service pilot program. 

Sec. 215. Employee transition assistance. 

Sec. 216. Special passenger trains. 

Sec. 217. Access to Amtrak equipment and services. 

Sec. 218. General Amtrak provisions. 

Sec. 219. Study of compliance requirements at existing intercity rail stations. 

Sec. 220. Oversight of Amtrak’s compliance with accessibility requirements. 

Sec. 221. Amtrak management accountability. 

Sec. 222. On-board service improvements. 

Sec. 223. Incentive pay. 

Sec. 224. Passenger rail service studies. 

Sec. 225. Report on service delays on certain passenger rail routes. 

Sec. 226. Plan for restoration of service. 

Sec. 227. Maintenance and repair facility utilization study. 

Sec. 228. Sense of the Congress regarding the need to maintain Amtrak as a national passenger rail system. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 301. Capital assistance for intercity passenger rail service. 

Sec. 302. Congestion grants. 

Sec. 303. State rail plans. 

Sec. 304. Tunnel project. 

Sec. 305. Next generation corridor train equipment pool. 

Sec. 306. Rail cooperative research program. 

Sec. 307. Federal rail policy. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Commuter rail mediation. 

Sec. 402. Routing efficiency discussions with Amtrak. 

Sec. 403. Sense of Congress regarding commuter rail expansion. 

Sec. 404. Locomotive biofuel study. 
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Sec. 405. Study of the use of biobased technologies. 

Sec. 406. Cross-border passenger rail service. 

Sec. 407. Historic preservation of railroads. 

TITLE V—HIGH-SPEED RAIL 

Sec. 501. High-speed rail corridor program. 

Sec. 502. Additional high-speed rail projects. 

TITLE VI—CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS 

FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 

Sec. 601. Authorization for capital and preventive maintenance projects for 

Washington Metropolitan Area Transit Authority. 

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

2 Except as otherwise specifically provided, whenever in 

3 this division an amendment is expressed in terms of an 

4 amendment to a section or other provision of law, the ref5 erence shall be considered to be made to a section or other 

6 provision of title 49, United States Code. 

7 SEC. 3. DEFINITION. 

8 In this division, the term ‘‘Secretary’’ means the Sec9 retary of Transportation. 

10 TITLE I—AUTHORIZATIONS 

11 SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OP12 ERATING EXPENSES. 

13 (a) OPERATING GRANTS.—There are authorized to be 

14 appropriated to the Secretary for the use of Amtrak for op15 erating costs the following amounts: 

16 (1) For fiscal year 2009, $530,000,000. 

17 (2) For fiscal year 2010, $580,000,000. 

18 (3) For fiscal year 2011, $592,000,000. 

19 (4) For fiscal year 2012, $616,000,000. 
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1 (5) For fiscal year 2013, $631,000,000. 

2 (b) INSPECTOR GENERAL.—There are authorized to be 

3 appropriated to the Secretary for the Office of the Inspector 

4 General of Amtrak the following amounts: 

5 (1) For fiscal year 2009, $20,000,000. 

6 (2) For fiscal year 2010, $21,000,000. 

7 (3) For fiscal year 2011, $22,000,000. 

8 (4) For fiscal year 2012, $22,000,000. 

9 (5) For fiscal year 2013, $23,000,000. 

10 (c) CAPITAL GRANTS.—There are authorized to be ap11 propriated to the Secretary for the use of Amtrak for capital 

12 projects (as defined in subparagraphs (A) and (B) of section 

13 24401(2) of title 49, United States Code) to bring the North14 east Corridor (as defined in section 24102 of such title) to 

15 a state-of-good-repair and for capital expenses of the na16 tional rail passenger transportation system the following 

17 amounts: 

18 (1) For fiscal year 2009, $715,000,000. 

19 (2) For fiscal year 2010, $975,000,000. 

20 (3) For fiscal year 2011, $1,025,000,000. 

21 (4) For fiscal year 2012, $1,275,000,000. 

22 (5) For fiscal year 2013, $1,325,000,000. 

23 (d) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may withhold up to 1 24 ⁄2 of 1 percent of amounts ap25 propriated pursuant to subsection (c) for the costs of project 
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1 management oversight of capital projects carried out by 

2 Amtrak. 

3 SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL 

4 LEASES. 

5 (a) PRINCIPAL AND INTEREST ON DEBT SERVICE.— 

6 There are authorized to be appropriated to the Secretary 

7 for the use of Amtrak for retirement of principal and pay8 ment of interest on loans for capital equipment, or capital 

9 leases, not more than the following amounts: 

10 (1) For fiscal year 2009, $285,000,000. 

11 (2) For fiscal year 2010, $264,000,000. 

12 (3) For fiscal year 2011, $288,000,000. 

13 (4) For fiscal year 2012, $290,000,000. 

14 (5) For fiscal year 2013, $277,000,000. 

15 (b) EARLY BUYOUT OPTION.—There are authorized to 

16 be appropriated to the Secretary such sums as may be nec17 essary for the use of Amtrak for the payment of costs associ18 ated with early buyout options if the exercise of those op19 tions is determined to be advantageous to Amtrak. 

20 (c) LEGAL EFFECT OF PAYMENTS UNDER THIS SEC21 TION.—The payment of principal and interest on secured 

22 debt, with the proceeds of grants authorized by this section 

23 shall not— 
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1 (1) modify the extent or nature of any indebted2 ness of Amtrak to the United States in existence as 

3 of the date of enactment of this Act; 

4 (2) change the private nature of Amtrak’s or its 

5 successors’ liabilities; or 

6 (3) imply any Federal guarantee or commitment 

7 to amortize Amtrak’s outstanding indebtedness. 

8 SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD 

9 ADMINISTRATION. 

10 There are authorized to be appropriated to the Sec11 retary for the use of the Federal Railroad Administration 

12 such sums as necessary to implement the provisions re13 quired under this division for fiscal years 2009 through 

14 2013. 

15 TITLE II—AMTRAK REFORM AND 

16 OPERATIONAL IMPROVEMENTS 

17 SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPOR18 TATION SYSTEM DEFINED. 

19 (a) IN GENERAL.—Section 24102 is amended— 

20 (1) by striking paragraph (2); 

21 (2) by redesignating paragraphs (3), (4), and (5) 

22 as paragraphs (2), (3), and (4), respectively; and 

23 (3) by inserting after paragraph (4) as so redes24 ignated the following: 
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1 ‘‘(5) ‘national rail passenger transportation sys2 tem’ means— 

3 ‘‘(A) the segment of the continuous North4 east Corridor railroad line between Boston, Mas5 sachusetts, and Washington, District of Colum6 bia; 

7 ‘‘(B) rail corridors that have been des8 ignated by the Secretary of Transportation as 

9 high-speed rail corridors (other than corridors 

10 described in subparagraph (A)), but only after 

11 regularly scheduled intercity service over a cor12 ridor has been established; 

13 ‘‘(C) long-distance routes of more than 750 

14 miles between endpoints operated by Amtrak as 

15 of the date of enactment of the Passenger Rail 

16 Investment and Improvement Act of 2008; and 

17 ‘‘(D) short-distance corridors, or routes of 

18 not more than 750 miles between endpoints, op19 erated by— 

20 ‘‘(i) Amtrak; or 

21 ‘‘(ii) another rail carrier that receives 

22 funds under chapter 244.’’. 

23 (b) AMTRAK ROUTES WITH STATE FUNDING.— 

24 (1) IN GENERAL.—Chapter 247 is amended by 

25 inserting after section 24701 the following: 
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1 ‘‘§ 24702. Transportation requested by States, authori2 ties, and other persons 

3 ‘‘(a) CONTRACTS FOR TRANSPORTATION.—Amtrak 

4 may enter into a contract with a State, a regional or local 

5 authority, or another person for Amtrak to operate an 

6 intercity rail service or route not included in the national 

7 rail passenger transportation system upon such terms as 

8 the parties thereto may agree. 

9 ‘‘(b) DISCONTINUANCE.—Upon termination of a con10 tract entered into under this section, or the cessation of fi11 nancial support under such a contract by either party, Am12 trak may discontinue such service or route, notwithstanding 

13 any other provision of law.’’. 

14 (2) CONFORMING AMENDMENT.—The chapter 

15 analysis for chapter 247 is amended by inserting 

16 after the item relating to section 24701 the following: 

‘‘24702. Transportation requested by States, authorities, and other persons’’. 

17 (c) AMTRAK TO CONTINUE TO PROVIDE NON-HIGH18 SPEED SERVICES.—Nothing in this division is intended to 

19 preclude Amtrak from restoring, improving, or developing 

20 non-high-speed intercity passenger rail service. 

21 (d) APPLICABILITY OF SECTION 24706.—Section 

22 24706 is amended by adding at the end the following: 

23 ‘‘(c) APPLICABILITY.—This section applies to all serv24 ice over routes provided by Amtrak, notwithstanding any 
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1 provision of section 24701 of this title or any other provi2 sion of this title except section 24702(b).’’. 

3 (e) AMTRAK’S MISSION.— 

4 (1) AMENDMENTS.—Section 24101 is amended— 

5 (A) by striking ‘‘purpose’’ in the section 

6 heading and inserting ‘‘mission’’; 

7 (B) by striking subsection (b) and inserting 

8 the following: 

9 ‘‘(b) MISSION.—The mission of Amtrak is to provide 

10 efficient and effective intercity passenger rail mobility con11 sisting of high quality service that is trip-time competitive 

12 with other intercity travel options and that is consistent 

13 with the goals of subsection (d).’’; 

14 (C) by redesignating paragraphs (9) 

15 through (11) in subsection (c) as paragraphs 

16 (10) through (12), respectively, and inserting 

17 after paragraph (8) the following: 

18 ‘‘(9) provide additional or complementary inter19 city transportation service to ensure mobility in times 

20 of national disaster or other instances where other 

21 travel options are not adequately available;’’; and 

22 (D) in subsection (d), by striking ‘‘sub23 section (c)(11)’’ and inserting ‘‘subsection 

24 (c)(12)’’. 
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1 (2) CONFORMING AMENDMENT.—The chapter analysis 

2 for chapter 241 is amended by striking the item relating 

3 to section 24101 and inserting the following: 

‘‘24101. Findings, mission, and goals.’’. 

4 SEC. 202. AMTRAK BOARD OF DIRECTORS. 

5 (a) IN GENERAL.—Section 24302 is amended to read 

6 as follows: 

7 ‘‘§ 24302. Board of directors 

8 ‘‘(a) COMPOSITION AND TERMS.— 

9 ‘‘(1) The Amtrak Board of Directors (referred to 

10 in this section as the ‘Board’) is composed of the fol11 lowing 9 directors, each of whom must be a citizen of 

12 the United States: 

13 ‘‘(A) The Secretary of Transportation. 

14 ‘‘(B) The President of Amtrak. 

15 ‘‘(C) 7 individuals appointed by the Presi16 dent of the United States, by and with the advice 

17 and consent of the Senate, with general business 

18 and financial experience, experience or qualifica19 tions in transportation, freight and passenger 

20 rail transportation, travel, hospitality, cruise 

21 line, or passenger air transportation businesses, 

22 or representatives of employees or users of pas23 senger rail transportation or a State govern24 ment. 
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1 ‘‘(2) In selecting individuals described in para2 graph (1) for nominations for appointments to the 

3 Board, the President shall consult with the Speaker of 

4 the House of Representatives, the minority leader of 

5 the House of Representatives, the majority leader of 

6 the Senate, and the minority leader of the Senate and 

7 try to provide adequate and balanced representation 

8 of the major geographic regions of the United States 

9 served by Amtrak. 

10 ‘‘(3) An individual appointed under paragraph 

11 (1)(C) of this subsection shall be appointed for a term 

12 of 5 years. Such term may be extended until the indi13 vidual’s successor is appointed and qualified. Not 

14 more than 5 individuals appointed under paragraph 

15 (1)(C) may be members of the same political party. 

16 ‘‘(4) The Board shall elect a chairman and a 

17 vice chairman, other than the President of Amtrak, 

18 from among its membership. The vice chairman shall 

19 serve as chairman in the absence of the chairman. 

20 ‘‘(5) The Secretary may be represented at Board 

21 meetings by the Secretary’s designee. 

22 ‘‘(b) PAY AND EXPENSES.—Each director not em23 ployed by the United States Government or Amtrak is enti24 tled to reasonable pay when performing Board duties. Each 

25 director not employed by the United States Government is 
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1 entitled to reimbursement from Amtrak for necessary travel, 

2 reasonable secretarial and professional staff support, and 

3 subsistence expenses incurred in attending Board meetings. 

4 ‘‘(c) TRAVEL.—(1) Each director not employed by the 

5 United States Government shall be subject to the same trav6 el and reimbursable business travel expense policies and 

7 guidelines that apply to Amtrak’s executive management 

8 when performing Board duties. 

9 ‘‘(2) Not later than 60 days after the end of each fiscal 

10 year, the Board shall submit a report describing all travel 

11 and reimbursable business travel expenses paid to each di12 rector when performing Board duties to the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Commerce, Science, and 

15 Transportation of the Senate. 

16 ‘‘(3) The report submitted under paragraph (2) shall 

17 include a detailed justification for any travel or reimburs18 able business travel expense that deviates from Amtrak’s 

19 travel and reimbursable business travel expense policies and 

20 guidelines. 

21 ‘‘(d) VACANCIES.—A vacancy on the Board is filled in 

22 the same way as the original selection, except that an indi23 vidual appointed by the President of the United States 

24 under subsection (a)(1)(C) of this section to fill a vacancy 

25 occurring before the end of the term for which the prede-
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1 cessor of that individual was appointed is appointed for 

2 the remainder of that term. A vacancy required to be filled 

3 by appointment under subsection (a)(1)(C) must be filled 

4 not later than 120 days after the vacancy occurs. 

5 ‘‘(e) QUORUM.—A majority of the members serving 

6 shall constitute a quorum for doing business. 

7 ‘‘(f) BYLAWS.—The Board may adopt and amend by8 laws governing the operation of Amtrak. The bylaws shall 

9 be consistent with this part and the articles of incorpora10 tion.’’. 

11 (b) EFFECTIVE DATE FOR DIRECTORS’ PROVISION.— 

12 The amendment made by subsection (a) shall take effect 6 

13 months after the date of enactment of this Act. The members 

14 of the Amtrak Board of Directors serving as of the date of 

15 enactment of this Act may continue to serve for the remain16 der of the term to which they were appointed. 

17 SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL AC18 COUNTING SYSTEM. 

19 (a) IN GENERAL.—The Amtrak Board of Directors— 

20 (1) may employ an independent financial con21 sultant with experience in railroad accounting to as22 sist Amtrak in improving Amtrak’s financial ac23 counting and reporting system and practices; 
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1 (2) shall implement a modern financial account2 ing and reporting system not later than 3 years after 

3 the date of enactment of this Act; and 

4 (3) shall, not later than 90 days after the end of 

5 each fiscal year through fiscal year 2013— 

6 (A) submit to the Committee on Transpor7 tation and Infrastructure of the House of Rep8 resentatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a 

10 comprehensive report that allocates all of Am11 trak’s revenues and costs to each of its routes, 

12 each of its lines of business, and each major ac13 tivity within each route and line of business ac14 tivity, including— 

15 (i) train operations; 

16 (ii) equipment maintenance; 

17 (iii) food service; 

18 (iv) sleeping cars; 

19 (v) ticketing; 

20 (vi) reservations; and 

21 (vii) unallocated fixed overhead costs; 

22 (B) include the report described in subpara23 graph (A) in Amtrak’s annual report; and 

24 (C) post such report on Amtrak’s website. 
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1 (b) VERIFICATION OF SYSTEM; REPORT.—The Inspec2 tor General of the Department of Transportation shall re3 view the accounting system designed and implemented 

4 under subsection (a) to ensure that it accomplishes the pur5 poses for which it is intended. The Inspector General shall 

6 report his or her findings and conclusions, together with 

7 any recommendations, to the Committee on Transportation 

8 and Infrastructure of the House of Representatives and the 

9 Committee on Commerce, Science, and Transportation of 

10 the Senate. 

11 (c) CATEGORIZATION OF REVENUES AND EXPENSES.— 

12 In carrying out subsection (a), the Amtrak Board of Direc13 tors shall separately categorize assigned revenues and at14 tributable expenses by type of service, including long-dis15 tance routes, State-sponsored routes, commuter contract 

16 routes, and Northeast Corridor routes. 

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

18 (a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—The 

19 Amtrak Board of Directors shall submit an annual budget 

20 and business plan for Amtrak, and a 5-year financial plan 

21 for the fiscal year to which that budget and business plan 

22 relate and the subsequent 4 years, prepared in accordance 

23 with this section, to the Secretary and the Inspector General 

24 of the Department of Transportation no later than— 
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1 (1) the first day of each fiscal year beginning 

2 after the date of enactment of this Act; or 

3 (2) the date that is 60 days after the date of en4 actment of an appropriations Act for the fiscal year, 

5 if later. 

6 (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 5- 

7 year financial plan for Amtrak shall include, at a min8 imum— 

9 (1) all projected revenues and expenditures for 

10 Amtrak, including governmental funding sources; 

11 (2) projected ridership levels for all Amtrak pas12 senger operations; 

13 (3) revenue and expenditure forecasts for non14 passenger operations; 

15 (4) capital funding requirements and expendi16 tures necessary to maintain passenger service in order 

17 to accommodate predicted ridership levels and pre18 dicted sources of capital funding; 

19 (5) operational funding needs, if any, to main20 tain current and projected levels of passenger service, 

21 including State-supported routes and predicted fund22 ing sources; 

23 (6) projected capital and operating requirements, 

24 ridership, and revenue for any new passenger service 

25 operations or service expansions; 
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1 (7) an assessment of the continuing financial 

2 stability of Amtrak, as indicated by factors such as 

3 anticipated Federal funding of capital and operating 

4 costs, Amtrak’s ability to efficiently recruit, retain, 

5 and manage its workforce, and Amtrak’s ability to ef6 fectively provide passenger rail service; 

7 (8) estimates of long-term and short-term debt 

8 and associated principal and interest payments (both 

9 current and anticipated); 

10 (9) annual cash flow forecasts; 

11 (10) a statement describing methods of esti12 mation and significant assumptions; 

13 (11) specific measures that demonstrate measur14 able improvement year over year in the financial re15 sults of Amtrak’s operations; 

16 (12) prior fiscal year and projected operating 

17 ratio, cash operating loss, and cash operating loss per 

18 passenger on a route, business line, and corporate 

19 basis; 

20 (13) prior fiscal year and projected specific costs 

21 and savings estimates resulting from reform initia22 tives; 

23 (14) prior fiscal year and projected labor pro24 ductivity statistics on a route, business line, and cor25 porate basis; 
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1 (15) prior fiscal year and projected equipment 

2 reliability statistics; and 

3 (16) capital and operating expenditures for an4 ticipated security needs. 

5 (c) STANDARDS TO PROMOTE FINANCIAL STA6 BILITY.—In meeting the requirements of subsection (b), Am7 trak shall— 

8 (1) apply sound budgetary practices, including 

9 reducing costs and other expenditures, improving pro10 ductivity, increasing revenues, or combinations of 

11 such practices; 

12 (2) use the categories specified in the financial 

13 accounting and reporting system developed under sec14 tion 203 when preparing its 5-year financial plan; 

15 and 

16 (3) ensure that the plan is consistent with the 

17 authorizations of appropriations under title I of this 

18 division. 

19 (d) REVIEW BY DOT INSPECTOR GENERAL.—Within 

20 60 days after their submission by Amtrak, the Inspector 

21 General of the Department of Transportation shall review 

22 the annual budget and the 5-year financial plans prepared 

23 by Amtrak under this section to determine whether they 

24 meet the requirements of subsection (b) and shall furnish 

25 any relevant findings to the Committee on Transportation 
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1 and Infrastructure of the House of Representatives, the 

2 Committee on Appropriations of the House of Representa3 tives, the Committee on Commerce, Science, and Transpor4 tation of the Senate, and the Committee on Appropriations 

5 of the Senate. 

6 SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL 

7 LEASES. 

8 (a) IN GENERAL.—The Secretary of the Treasury, in 

9 consultation with the Secretary and Amtrak, may make 

10 agreements to restructure Amtrak’s indebtedness as of the 

11 date of enactment of this Act. This authorization expires 

12 2 years after the date of enactment of this Act. 

13 (b) DEBT RESTRUCTURING.—The Secretary of the 

14 Treasury, in consultation with the Secretary and Amtrak, 

15 shall enter into negotiations with the holders of Amtrak 

16 debt, including leases, outstanding as of the date of enact17 ment of this Act for the purpose of restructuring (including 

18 repayment) and repaying that debt. The Secretary of the 

19 Treasury may secure agreements for restructuring or repay20 ment on such terms as the Secretary of the Treasury deems 

21 favorable to the interests of the United States Government. 

22 (c) CRITERIA.—In restructuring Amtrak’s indebted23 ness, the Secretary of the Treasury and Amtrak— 
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1 (1) shall take into consideration repayment costs, 

2 the term of any loan or loans, and market conditions; 

3 and 

4 (2) shall ensure that the restructuring results in 

5 significant savings to Amtrak and the United States 

6 Government. 

7 (d) PAYMENT OF RENEGOTIATED DEBT.—If the cri8 teria under subsection (c) are met, the Secretary of the 

9 Treasury may assume or repay the restructured debt, as 

10 appropriate. 

11 (e) AMTRAK PRINCIPAL AND INTEREST PAYMENTS.— 

12 (1) PRINCIPAL ON DEBT SERVICE.—Unless the 

13 Secretary of the Treasury makes sufficient payments 

14 to creditors under subsection (d) so that Amtrak is re15 quired to make no payments to creditors in a fiscal 

16 year, the Secretary shall use funds authorized by sec17 tion 102 of this division for the use of Amtrak for re18 tirement of principal or payment of interest on loans 

19 for capital equipment, or capital leases. 

20 (2) REDUCTIONS IN AUTHORIZATION LEVELS.— 

21 Whenever action taken by the Secretary of the Treas22 ury under subsection (a) results in reductions in 

23 amounts of principal or interest that Amtrak must 

24 service on existing debt, the corresponding amounts 
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1 authorized by section 102 shall be reduced accord2 ingly. 

3 (f) LEGAL EFFECT OF PAYMENTS UNDER THIS SEC4 TION.—The payment of principal and interest on secured 

5 debt, other than debt assumed under subsection (d), with 

6 the proceeds of grants under subsection (e) shall not— 

7 (1) modify the extent or nature of any indebted8 ness of Amtrak to the United States in existence as 

9 of the date of enactment of this Act; 

10 (2) change the private nature of Amtrak’s or its 

11 successors’ liabilities; or 

12 (3) imply any Federal guarantee or commitment 

13 to amortize Amtrak’s outstanding indebtedness. 

14 (g) SECRETARY APPROVAL.—Amtrak may not incur 

15 more debt after the date of enactment of this Act without 

16 the express advance approval of the Secretary. 

17 (h) REPORT.—The Secretary of the Treasury shall 

18 transmit a report to the Committee on Transportation and 

19 Infrastructure of the House of Representatives, the Com20 mittee on Appropriations of the House of Representatives, 

21 the Committee on Commerce, Science, and Transportation 

22 of the Senate, and the Committee on Appropriations of the 

23 Senate, by June 1, 2010— 

24 (1) describing in detail any agreements to re25 structure the Amtrak debt; and 
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1 (2) providing an estimate of the savings to Am2 trak and the United States Government. 

3 SEC. 206. ESTABLISHMENT OF GRANT PROCESS. 

4 (a) GRANT REQUESTS.—Amtrak shall submit grant 

5 requests (including a schedule for the disbursement of 

6 funds), consistent with the requirements of this division, to 

7 the Secretary for funds authorized to be appropriated to the 

8 Secretary for the use of Amtrak under sections 101(a), (b), 

9 and (c), 102, 219(b), and 302. 

10 (b) PROCEDURES FOR GRANT REQUESTS.—The Sec11 retary shall establish substantive and procedural require12 ments, including schedules, for grant requests under this 

13 section not later than 30 days after the date of enactment 

14 of this Act and shall transmit copies of such requirements 

15 and schedules to the Committee on Transportation and In16 frastructure of the House of Representatives and the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate. As part of those requirements, the Secretary shall 

19 require, at a minimum, that Amtrak deposit grant funds, 

20 consistent with the appropriated amounts for each area of 

21 expenditure in a given fiscal year, in the following 2 ac22 counts: 

23 (1) The Amtrak Operating account. 

24 (2) The Amtrak General Capital account. 
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1 Amtrak may not transfer such funds to another account or 

2 expend such funds for any purpose other than the purposes 

3 covered by the account in which the funds are deposited 

4 without approval by the Secretary. 

5 (c) REVIEW AND APPROVAL.— 

6 (1) 30-DAY APPROVAL PROCESS.—The Secretary 

7 shall complete the review of a grant request (includ8 ing the disbursement schedule) and approve or dis9 approve the request within 30 days after the date on 

10 which Amtrak submits the grant request. If the Sec11 retary disapproves the request or determines that the 

12 request is incomplete or deficient, the Secretary shall 

13 include the reason for disapproval or the incomplete 

14 items or deficiencies in a notice to Amtrak. 

15 (2) 15-DAY MODIFICATION PERIOD.—Within 15 

16 days after receiving notification from the Secretary 

17 under the preceding sentence, Amtrak shall submit a 

18 modified request for the Secretary’s review. 

19 (3) REVISED REQUESTS.—Within 15 days after 

20 receiving a modified request from Amtrak, the Sec21 retary shall either approve the modified request, or, if 

22 the Secretary finds that the request is still incomplete 

23 or deficient, the Secretary shall identify in writing to 

24 the Committee on Transportation and Infrastructure 

25 of the House of Representatives and the Committee on 
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1 Commerce, Science, and Transportation of the Senate 

2 the remaining deficiencies and recommend a process 

3 for resolving the outstanding portions of the request. 

4 SEC. 207. METRICS AND STANDARDS. 

5 (a) IN GENERAL.—Within 180 days after the date of 

6 enactment of this Act, the Federal Railroad Administration 

7 and Amtrak shall jointly, in consultation with the Surface 

8 Transportation Board, rail carriers over whose rail lines 

9 Amtrak trains operate, States, Amtrak employees, nonprofit 

10 employee organizations representing Amtrak employees, 

11 and groups representing Amtrak passengers, as appro12 priate, develop new or improve existing metrics and min13 imum standards for measuring the performance and service 

14 quality of intercity passenger train operations, including 

15 cost recovery, on-time performance and minutes of delay, 

16 ridership, on-board services, stations, facilities, equipment, 

17 and other services. Such metrics, at a minimum, shall in18 clude the percentage of avoidable and fully allocated oper19 ating costs covered by passenger revenues on each route, rid20 ership per train mile operated, measures of on-time per21 formance and delays incurred by intercity passenger trains 

22 on the rail lines of each rail carrier and, for long-distance 

23 routes, measures of connectivity with other routes in all re24 gions currently receiving Amtrak service and the transpor25 tation needs of communities and populations that are not 
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1 well-served by other forms of intercity transportation. Am2 trak shall provide reasonable access to the Federal Railroad 

3 Administration in order to enable the Administration to 

4 carry out its duty under this section. 

5 (b) QUARTERLY REPORTS.—The Administrator of the 

6 Federal Railroad Administration shall collect the necessary 

7 data and publish a quarterly report on the performance and 

8 service quality of intercity passenger train operations, in9 cluding Amtrak’s cost recovery, ridership, on-time perform10 ance and minutes of delay, causes of delay, on-board serv11 ices, stations, facilities, equipment, and other services. 

12 (c) CONTRACTS WITH HOST RAIL CARRIERS.—To the 

13 extent practicable, Amtrak and its host rail carriers shall 

14 incorporate the metrics and standards developed under sub15 section (a) into their access and service agreements. 

16 (d) ARBITRATION.—If the development of the metrics 

17 and standards is not completed within the 180-day period 

18 required by subsection (a), any party involved in the devel19 opment of those standards may petition the Surface Trans20 portation Board to appoint an arbitrator to assist the par21 ties in resolving their disputes through binding arbitration. 

22 SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERV23 ICE PLANNING DECISIONS. 

24 (a) METHODOLOGY DEVELOPMENT.—Within 180 days 

25 after the date of enactment of this Act, the Federal Railroad 
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1 Administration shall obtain the services of a qualified inde2 pendent entity to develop and recommend objective meth3 odologies for Amtrak to use in determining what intercity 

4 passenger routes and services it will provide, including the 

5 establishment of new routes, the elimination of existing 

6 routes, and the contraction or expansion of services or fre7 quencies over such routes. In developing such methodologies, 

8 the entity shall consider— 

9 (1) the current or expected performance and 

10 service quality of intercity passenger train operations, 

11 including cost recovery, on-time performance and 

12 minutes of delay, ridership, on-board services, sta13 tions, facilities, equipment, and other services; 

14 (2) connectivity of a route with other routes; 

15 (3) the transportation needs of communities and 

16 populations that are not well served by intercity pas17 senger rail service or by other forms of intercity 

18 transportation; 

19 (4) Amtrak’s and other major intercity passenger 

20 rail service providers in other countries’ methodologies 

21 for determining intercity passenger rail routes and 

22 services; and 

23 (5) the views of the States and other interested 

24 parties. 
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1 (b) SUBMITTAL TO CONGRESS.—Within 1 year after 

2 the date of enactment of this Act, the entity shall submit 

3 recommendations developed under subsection (a) to Amtrak, 

4 the Committee on Transportation and Infrastructure of the 

5 House of Representatives, and the Committee on Commerce, 

6 Science, and Transportation of the Senate. 

7 (c) CONSIDERATION OF RECOMMENDATIONS.—Within 

8 90 days after receiving the recommendations developed 

9 under subsection (a) by the entity, the Amtrak Board of 

10 Directors shall consider the adoption of those recommenda11 tions. The Board shall transmit a report to the Committee 

12 on Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Commerce, Science, and 

14 Transportation of the Senate explaining its reasons for 

15 adopting or not adopting the recommendations. 

16 SEC. 209. STATE-SUPPORTED ROUTES. 

17 (a) IN GENERAL.—Within 2 years after the date of en18 actment of this Act, the Amtrak Board of Directors, in con19 sultation with the Secretary, the governors of each relevant 

20 State, and the Mayor of the District of Columbia, or entities 

21 representing those officials, shall develop and implement a 

22 single, nationwide standardized methodology for estab23 lishing and allocating the operating and capital costs 

24 among the States and Amtrak associated with trains oper-
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1 ated on each of the routes described in section 24102(5)(B) 

2 and (D) and section 24702 that— 

3 (1) ensures, within 5 years after the date of en4 actment of this Act, equal treatment in the provision 

5 of like services of all States and groups of States (in6 cluding the District of Columbia); and 

7 (2) allocates to each route the costs incurred only 

8 for the benefit of that route and a proportionate 

9 share, based upon factors that reasonably reflect rel10 ative use, of costs incurred for the common benefit of 

11 more than 1 route. 

12 (b) REVISIONS.—The Amtrak Board of Directors, in 

13 consultation with the Secretary, the governors of each rel14 evant State, and the Mayor of the District of Columbia, 

15 or entities representing those officials, may revise or amend 

16 the methodology established under subsection (a) as nec17 essary, consistent with the intent of this section, including 

18 revisions or modifications based on Amtrak’s financial ac19 counting system developed pursuant to section 203 of this 

20 division. 

21 (c) REVIEW.—If Amtrak and the States (including the 

22 District of Columbia) in which Amtrak operates such routes 

23 do not voluntarily adopt and implement the methodology 

24 developed under subsection (a) in allocating costs and deter25 mining compensation for the provision of service in accord-
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1 ance with the date established therein, the Surface Trans2 portation Board shall determine the appropriate method3 ology required under subsection (a) for such services in ac4 cordance with the procedures and procedural schedule ap5 plicable to a proceeding under section 24904(c) of title 49, 

6 United States Code, and require the full implementation 

7 of this methodology with regards to the provision of such 

8 service within 1 year after the Board’s determination of the 

9 appropriate methodology. 

10 (d) USE OF CHAPTER 244 FUNDS.—Funds provided 

11 to a State under chapter 244 of title 49, United States Code, 

12 may be used, as provided in that chapter, to pay capital 

13 costs determined in accordance with this section. 

14 SEC. 210. LONG-DISTANCE ROUTES. 

15 (a) IN GENERAL.—Chapter 247 is amended by adding 

16 at the end thereof the following: 

17 ‘‘§ 24710. Long-distance routes 

18 ‘‘(a) ANNUAL EVALUATION.—Using the financial and 

19 performance metrics developed under section 207 of the Pas20 senger Rail Investment and Improvement Act of 2008, Am21 trak shall— 

22 ‘‘(1) evaluate annually the financial and oper23 ating performance of each long-distance passenger 

24 rail route operated by Amtrak; and 
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1 ‘‘(2) rank the overall performance of such routes 

2 for 2008 and identify each long-distance passenger 

3 rail route operated by Amtrak in 2008 according to 

4 its overall performance as belonging to the best per5 forming third of such routes, the second best per6 forming third of such routes, or the worst performing 

7 third of such routes. 

8 ‘‘(b) PERFORMANCE IMPROVEMENT PLAN.—Amtrak 

9 shall develop and post on its website a performance im10 provement plan for its long-distance passenger rail routes 

11 to achieve financial and operating improvements based on 

12 the data collected through the application of the financial 

13 and performance metrics developed under section 207 of 

14 that Act. The plan shall address— 

15 ‘‘(1) on-time performance; 

16 ‘‘(2) scheduling, frequency, routes, and stops; 

17 ‘‘(3) the feasibility of restructuring service into 

18 connected corridor service; 

19 ‘‘(4) performance-related equipment changes and 

20 capital improvements; 

21 ‘‘(5) on-board amenities and service, including 

22 food, first class, and sleeping car service; 

23 ‘‘(6) State or other non-Federal financial con24 tributions; 

25 ‘‘(7) improving financial performance; 
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1 ‘‘(8) anticipated Federal funding of operating 

2 and capital costs; and 

3 ‘‘(9) other aspects of Amtrak’s long-distance pas4 senger rail routes that affect the financial, competi5 tive, and functional performance of service on Am6 trak’s long-distance passenger rail routes. 

7 ‘‘(c) IMPLEMENTATION.—Amtrak shall implement the 

8 performance improvement plan developed under subsection 

9 (b)— 

10 ‘‘(1) beginning in fiscal year 2010 for those 

11 routes identified as being in the worst performing 

12 third under subsection (a)(2); 

13 ‘‘(2) beginning in fiscal year 2011 for those 

14 routes identified as being in the second best per15 forming third under subsection (a)(2); and 

16 ‘‘(3) beginning in fiscal year 2012 for those 

17 routes identified as being in the best performing third 

18 under subsection (a)(2). 

19 ‘‘(d) ENFORCEMENT.—The Federal Railroad Adminis20 tration shall monitor the development, implementation, and 

21 outcome of improvement plans under this section. If the 

22 Federal Railroad Administration determines that Amtrak 

23 is not making reasonable progress in implementing its per24 formance improvement plan or, after the performance im25 provement plan is implemented under subsection (c)(1) in 
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1 accordance with the terms of that plan, Amtrak has not 

2 achieved the outcomes it has established for such routes, 

3 under the plan for any calendar year, the Federal Railroad 

4 Administration— 

5 ‘‘(1) shall notify Amtrak, the Inspector General 

6 of the Department of Transportation, the Committee 

7 on Transportation and Infrastructure of the House of 

8 Representatives, and the Committee on Commerce, 

9 Science, and Transportation of the Senate of its de10 termination under this subsection; 

11 ‘‘(2) shall provide Amtrak with an opportunity 

12 for a hearing with respect to that determination; and 

13 ‘‘(3) may withhold appropriated funds otherwise 

14 available to Amtrak for the operation of a route or 

15 routes from among the worst performing third of 

16 routes currently served by Amtrak on which Amtrak 

17 is not making reasonable progress, other than funds 

18 made available for passenger safety or security meas19 ures.’’. 

20 (b) CONFORMING AMENDMENT.—The chapter analysis 

21 for chapter 247 is amended by inserting after the item relat22 ing to section 24709 the following: 

‘‘24710. Long distance routes.’’. 
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1 SEC. 211. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR 

2 PLAN. 

3 (a) IN GENERAL.—Within 6 months after the date of 

4 enactment of this Act, Amtrak, in consultation with the Sec5 retary and the States (including the District of Columbia) 

6 that make up the Northeast Corridor (as defined in section 

7 24102 of title 49, United States Code), shall prepare a cap8 ital spending plan for capital projects required to return 

9 the railroad right-of-way (including track, signals, and 

10 auxiliary structures), facilities, stations, and equipment, of 

11 the Northeast Corridor main line to a state-of-good-repair 

12 by the end of fiscal year 2018, consistent with the funding 

13 levels authorized in this division, and shall submit the plan 

14 to the Secretary. 

15 (b) REVIEW AND APPROVAL BY THE SECRETARY.— 

16 (1) 60-DAY APPROVAL PROCESS.—The Secretary 

17 shall complete the review of the capital spending plan 

18 and approve or disapprove the plan within 60 days 

19 after the date on which Amtrak submits the plan. 

20 During review, the Secretary may seek comments 

21 from the Commission established under section 24905 

22 of title 49, United States Code, and other Northeast 

23 Corridor users regarding the plan. If the Secretary 

24 disapproves the plan or determines that the plan is 

25 incomplete or deficient, the Secretary shall include the 
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1 reason for disapproval or the incomplete items or de2 ficiencies in a notice to Amtrak. 

3 (2) 15-DAY MODIFICATION PERIOD.—Within 15 

4 days after receiving notification from the Secretary 

5 under paragraph (1), Amtrak shall submit a modified 

6 plan for the Secretary’s review. 

7 (3) REVISED REQUESTS.—Within 15 days after 

8 receiving a modified plan from Amtrak, the Secretary 

9 shall either approve the modified plan, or, if the Sec10 retary finds that the plan is still incomplete or defi11 cient, the Secretary shall identify in writing to the 

12 Committee on Transportation and Infrastructure of 

13 the House of Representatives and the Committee on 

14 Commerce, Science, and Transportation of the Senate 

15 the remaining deficiencies and recommend a process 

16 for resolving the outstanding portions of the plan. 

17 (c) PLAN UPDATES.—The plan shall be updated at 

18 least annually and the Secretary shall review and approve 

19 such updates, in accordance with the procedures described 

20 in subsection (b). 

21 (d) GRANTS.—The Secretary shall make grants to Am22 trak with funds authorized by section 101(c) for Northeast 

23 Corridor capital investments contained within the capital 

24 spending plan prepared by Amtrak and approved by the 

25 Secretary. 
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1 (e) OVERSIGHT.—Using the funds authorized by sec2 tion 101(d), the Secretary shall review Amtrak’s capital ex3 penditures funded by this section to ensure that such ex4 penditures are consistent with the capital spending plan 

5 and that Amtrak is providing adequate project management 

6 oversight and fiscal controls. 

7 (f) ELIGIBILITY OF EXPENDITURES.—The Federal 

8 share of expenditures for capital improvements under this 

9 section may not exceed 100 percent. 

10 SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND 

11 OPERATIONS IMPROVEMENTS. 

12 (a) IN GENERAL.—Section 24905 is amended to read 

13 as follows: 

14 ‘‘§ 24905. Northeast Corridor Infrastructure and Oper15 ations Advisory Commission; Safety Com16 mittee 

17 ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND

18 OPERATIONS ADVISORY COMMISSION.— 

19 ‘‘(1) Within 180 days after the date of enactment 

20 of the Passenger Rail Investment and Improvement 

21 Act of 2008, the Secretary of Transportation shall es22 tablish a Northeast Corridor Infrastructure and Oper23 ations Advisory Commission (referred to in this sec24 tion as the ‘Commission’) to promote mutual coopera25 tion and planning pertaining to the rail operations 
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1 and related activities of the Northeast Corridor. The 

2 Commission shall be made up of— 

3 ‘‘(A) members representing Amtrak; 

4 ‘‘(B) members representing the Department 

5 of Transportation, including the Federal Rail6 road Administration; 

7 ‘‘(C) 1 member from each of the States (in8 cluding the District of Columbia) that constitute 

9 the Northeast Corridor as defined in section 

10 24102, designated by, and serving at the pleasure 

11 of, the chief executive officer thereof; and 

12 ‘‘(D) non-voting representatives of freight 

13 railroad carriers using the Northeast Corridor 

14 selected by the Secretary. 

15 ‘‘(2) The Secretary shall ensure that the member16 ship belonging to any of the groups enumerated under 

17 paragraph (1) shall not constitute a majority of the 

18 Commission’s memberships. 

19 ‘‘(3) The Commission shall establish a schedule 

20 and location for convening meetings, but shall meet 

21 no less than four times per fiscal year, and the Com22 mission shall develop rules and procedures to govern 

23 the Commission’s proceedings. 
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1 ‘‘(4) A vacancy in the Commission shall be filled 

2 in the manner in which the original appointment was 

3 made. 

4 ‘‘(5) Members shall serve without pay but shall 

5 receive travel expenses, including per diem in lieu of 

6 subsistence, in accordance with sections 5702 and 

7 5703 of title 5. 

8 ‘‘(6) The Chairman of the Commission shall be 

9 elected by the members. 

10 ‘‘(7) The Commission may appoint and fix the 

11 pay of such personnel as it considers appropriate. 

12 ‘‘(8) Upon request of the Commission, the head 

13 of any department or agency of the United States 

14 may detail, on a reimbursable basis, any of the per15 sonnel of that department or agency to the Commis16 sion to assist it in carrying out its duties under this 

17 section. 

18 ‘‘(9) Upon the request of the Commission, the 

19 Administrator of General Services shall provide to the 

20 Commission, on a reimbursable basis, the administra21 tive support services necessary for the Commission to 

22 carry out its responsibilities under this section. 

23 ‘‘(10) The Commission shall consult with other 

24 entities as appropriate. 
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1 ‘‘(b) STATEMENT OF GOALS AND RECOMMENDA2 TIONS.— 

3 ‘‘(1) STATEMENT OF GOALS.—The Commission 

4 shall develop a statement of goals concerning the fu5 ture of Northeast Corridor rail infrastructure and op6 erations based on achieving expanded and improved 

7 intercity, commuter, and freight rail services oper8 ating with greater safety and reliability, reduced 

9 travel times, increased frequencies and enhanced 

10 intermodal connections designed to address airport 

11 and highway congestion, reduce transportation energy 

12 consumption, improve air quality, and increase eco13 nomic development of the Northeast Corridor region. 

14 ‘‘(2) RECOMMENDATIONS.—The Commission 

15 shall develop recommendations based on the statement 

16 developed under this section addressing, as appro17 priate— 

18 ‘‘(A) short-term and long-term capital in19 vestment needs beyond those specified in the 

20 state-of-good-repair plan under section 211 of the 

21 Passenger Rail Investment and Improvement Act 

22 of 2008; 

23 ‘‘(B) future funding requirements for cap24 ital improvements and maintenance; 
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1 ‘‘(C) operational improvements of intercity 

2 passenger rail, commuter rail, and freight rail 

3 services; 

4 ‘‘(D) opportunities for additional non-rail 

5 uses of the Northeast Corridor; 

6 ‘‘(E) scheduling and dispatching; 

7 ‘‘(F) safety and security enhancements; 

8 ‘‘(G) equipment design; 

9 ‘‘(H) marketing of rail services; 

10 ‘‘(I) future capacity requirements; and 

11 ‘‘(J) potential funding and financing mech12 anisms for projects of corridor-wide significance. 

13 ‘‘(c) ACCESS COSTS.— 

14 ‘‘(1) DEVELOPMENT OF FORMULA.—Within 2 

15 years after the date of enactment of the Passenger 

16 Rail Investment and Improvement Act of 2008, the 

17 Commission shall— 

18 ‘‘(A) develop a standardized formula for de19 termining and allocating costs, revenues, and 

20 compensation for Northeast Corridor commuter 

21 rail passenger transportation, as defined in sec22 tion 24102 of this title, on the Northeast Cor23 ridor main line between Boston, Massachusetts, 

24 and Washington, District of Columbia, and the 

25 Northeast Corridor branch lines connecting to 
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1 Harrisburg, Pennsylvania, Springfield, Massa2 chusetts, and Spuyten Duyvil, New York, that 

3 use Amtrak facilities or services or that provide 

4 such facilities or services to Amtrak that ensures 

5 that— 

6 ‘‘(i) there is no cross-subsidization of 

7 commuter rail passenger, intercity rail pas8 senger, or freight rail transportation; 

9 ‘‘(ii) each service is assigned the costs 

10 incurred only for the benefit of that service, 

11 and a proportionate share, based upon fac12 tors that reasonably reflect relative use, of 

13 costs incurred for the common benefit of 

14 more than 1 service; and 

15 ‘‘(iii) all financial contributions made 

16 by an operator of a service that benefit an 

17 infrastructure owner other than the operator 

18 are considered, including but not limited to, 

19 any capital infrastructure investments and 

20 in-kind services; 

21 ‘‘(B) develop a proposed timetable for im22 plementing the formula before the end of the 6th 

23 year following the date of enactment of that Act; 

24 ‘‘(C) transmit the proposed timetable to the 

25 Surface Transportation Board; and 
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1 ‘‘(D) at the request of a Commission mem2 ber, petition the Surface Transportation Board 

3 to appoint a mediator to assist the Commission 

4 members through non-binding mediation to 

5 reach an agreement under this section. 

6 ‘‘(2) IMPLEMENTATION.—Amtrak and public au7 thorities providing commuter rail passenger transpor8 tation on the Northeast Corridor shall implement new 

9 agreements for usage of facilities or services based on 

10 the formula proposed in paragraph (1) in accordance 

11 with the timetable established therein. If the entities 

12 fail to implement such new agreements in accordance 

13 with the timetable, the Commission shall petition the 

14 Surface Transportation Board to determine the ap15 propriate compensation amounts for such services in 

16 accordance with section 24904(c) of this title. The 

17 Surface Transportation Board shall enforce its deter18 mination on the party or parties involved. 

19 ‘‘(3) REVISIONS.—The Commission may make 

20 necessary revisions to the formula developed under 

21 paragraph (1), including revisions based on Amtrak’s 

22 financial accounting system developed pursuant to 

23 section 203 of the Passenger Rail Investment and Im24 provement Act of 2008. 
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1 ‘‘(d) TRANSMISSION OF STATEMENT OF GOALS AND

2 RECOMMENDATIONS.—The Commission shall transmit to 

3 the Committee on Commerce, Science, and Transportation 

4 of the Senate and the Committee on Transportation and 

5 Infrastructure of the House of Representatives— 

6 ‘‘(1) the statement of goals developed under sub7 section (b) within 1 year after the date of enactment 

8 of the Passenger Rail Investment and Improvement 

9 Act of 2008; and 

10 ‘‘(2) the recommendations developed under sub11 section (b) and the formula and timetable developed 

12 under subsection (c)(1) annually. 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated to the Commission such sums 

15 as may be necessary for the period encompassing fiscal 

16 years 2009 through 2013 to carry out this section. 

17 ‘‘(f) NORTHEAST CORRIDOR SAFETY COMMITTEE.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall establish 

19 a Northeast Corridor Safety Committee composed of 

20 members appointed by the Secretary. The members 

21 shall be representatives of— 

22 ‘‘(A) the Department of Transportation, in23 cluding the Federal Railroad Administration; 

24 ‘‘(B) Amtrak; 
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1 ‘‘(C) freight carriers operating more than 

2 150,000 train miles a year on the main line of 

3 the Northeast Corridor; 

4 ‘‘(D) commuter rail agencies; 

5 ‘‘(E) rail passengers; 

6 ‘‘(F) rail labor; and 

7 ‘‘(G) other individuals and organizations 

8 the Secretary decides have a significant interest 

9 in rail safety or security. 

10 ‘‘(2) FUNCTION; MEETINGS.—The Secretary shall 

11 consult with the Committee about safety and security 

12 improvements on the Northeast Corridor main line. 

13 The Committee shall meet at least two times per year 

14 to consider safety and security matters on the main 

15 line. 

16 ‘‘(3) REPORT.—At the beginning of the first ses17 sion of each Congress, the Secretary shall submit a re18 port to the Commission and to the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate on the sta22 tus of efforts to improve safety and security on the 

23 Northeast Corridor main line. The report shall in24 clude the safety and security recommendations of the 
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1 Committee and the comments of the Secretary on 

2 those recommendations.’’. 

3 (b) CONFORMING AMENDMENTS.—(1) The item relat4 ing to section 24905 in the table of sections of chapter 249 

5 is amended to read as follows: 

‘‘24905. Northeast Corridor Infrastructure and Operations Advisory Commission; 

Safety Committee.’’. 

6 (2) Section 24904(c)(2) is amended by— 

7 (A) inserting ‘‘commuter rail passenger and’’ 

8 after ‘‘between’’; and 

9 (B) striking ‘‘freight’’ in the second sentence. 

10 (c) RIDOT ACCESS AGREEMENT.— 

11 (1) IN GENERAL.—Not later than July 1, 2009, 

12 Amtrak and the Rhode Island Department of Trans13 portation shall enter into an agreement governing ac14 cess fees and other costs or charges related to the oper15 ation of the South County commuter rail service on 

16 the Northeast Corridor between Providence and 

17 Wickford Junction, Rhode Island. 

18 (2) FAILURE TO REACH AGREEMENT.—If Am19 trak and the Rhode Island Department of Transpor20 tation fail to reach the agreement specified under 

21 paragraph (1), the Administrator of the Federal Rail22 road Administration shall, after consultation with 

23 both parties, resolve any outstanding disagreements 

24 between the parties, including setting access fees and 
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1 other costs or charges related to the operation of the 

2 South County commuter rail service that do not allow 

3 for the cross-subsidization of intercity rail passenger 

4 and commuter rail passenger service, not later than 

5 January 1, 2010. 

6 (3) INTERIM ACCESS COSTS.—Any agreement be7 tween Amtrak and the Rhode Island Department of 

8 Transportation relating to access costs made under 

9 this subsection shall be superseded by any access cost 

10 formula developed by the Northeast Corridor Infra11 structure and Operations Advisory Commission under 

12 section 24905(c)(1) of title 49, United States Code, as 

13 amended by subsection (a) of this section. 

14 (d) HIGH-SPEED SERVICE STUDY.— 

15 (1) IN GENERAL.—Amtrak shall submit a report 

16 detailing the infrastructure and equipment improve17 ments necessary to provide regular high-speed serv18 ice— 

19 (A) between Washington, District of Colum20 bia, and New York, New York, in 2 hours and 

21 30 minutes; and 

22 (B) between New York, New York, and Bos23 ton, Massachusetts, in 3 hours and 15 minutes. 

24 (2) ISSUES.—The report shall include— 
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1 (A) an estimated time frame for achieving 

2 the trip time described in paragraph (1); 

3 (B) an analysis of any significant obstacles 

4 that would hinder such an achievement; 

5 (C) a detailed description and cost estimate 

6 of the specific infrastructure and equipment im7 provements necessary for such an achievement; 

8 and 

9 (D) an initial assessment of the infrastruc10 ture and equipment improvements, including an 

11 order of magnitude cost estimate of such im12 provements, that would be necessary to provide 

13 regular high-speed service— 

14 (i) between Washington, District of Co15 lumbia, and New York, New York, in 2 

16 hours and 15 minutes; and 

17 (ii) between New York, New York, and 

18 Boston, Massachusetts, in 3 hours. 

19 (3) REPORT.—Within 1 year after the date of 

20 enactment of this Act, Amtrak shall submit the report 

21 required under this subsection to— 

22 (A) the Committee on Commerce, Science, 

23 and Transportation of the Senate; 

24 (B) the Committee on Appropriations of the 

25 Senate; 
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1 (C) the Committee on Transportation and 

2 Infrastructure of the House of Representatives; 

3 (D) the Committee on Appropriations of the 

4 House of Representatives; and 

5 (E) the Federal Railroad Administration. 

6 (e) REPORT ON NORTHEAST CORRIDOR ECONOMIC DE7 VELOPMENT.—Within 2 years after the date of enactment 

8 of this Act, the Northeast Corridor Infrastructure and Oper9 ations Advisory Commission shall transmit to the Com10 mittee on Transportation and Infrastructure of the House 

11 of Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report on the 

13 role of Amtrak’s Northeast Corridor service between Wash14 ington, District of Columbia, and New York, New York, in 

15 the economic development of the Northeast Corridor region. 

16 The report shall examine how to enhance the utilization of 

17 the Northeast Corridor for greater economic development, 

18 including improving— 

19 (1) real estate utilization; 

20 (2) improved intercity, commuter, and freight 

21 services; and 

22 (3) optimum utility utilization. 

23 SEC. 213. PASSENGER TRAIN PERFORMANCE. 

24 (a) IN GENERAL.—Section 24308 is amended by add25 ing at the end the following: 
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1 ‘‘(f) PASSENGER TRAIN PERFORMANCE AND OTHER

2 STANDARDS.— 

3 ‘‘(1) INVESTIGATION OF SUBSTANDARD PER4 FORMANCE.—If the on-time performance of any inter5 city passenger train averages less than 80 percent for 

6 any 2 consecutive calendar quarters, or the service 

7 quality of intercity passenger train operations for 

8 which minimum standards are established under sec9 tion 207 of the Passenger Rail Investment and Im10 provement Act of 2008 fails to meet those standards 

11 for 2 consecutive calendar quarters, the Surface 

12 Transportation Board (referred to in this section as 

13 the ‘Board’) may initiate an investigation, or upon 

14 the filing of a complaint by Amtrak, an intercity pas15 senger rail operator, a host freight railroad over 

16 which Amtrak operates, or an entity for which Am17 trak operates intercity passenger rail service, the 

18 Board shall initiate such an investigation, to deter19 mine whether and to what extent delays or failure to 

20 achieve minimum standards are due to causes that 

21 could reasonably be addressed by a rail carrier over 

22 whose tracks the intercity passenger train operates or 

23 reasonably addressed by Amtrak or other intercity 

24 passenger rail operators. As part of its investigation, 

25 the Board has authority to review the accuracy of the 
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1 train performance data and the extent to which sched2 uling and congestion contribute to delays. In making 

3 its determination or carrying out such an investiga4 tion, the Board shall obtain information from all par5 ties involved and identify reasonable measures and 

6 make recommendations to improve the service, qual7 ity, and on-time performance of the train. 

8 ‘‘(2) PROBLEMS CAUSED BY HOST RAIL CAR9 RIER.—If the Board determines that delays or fail10 ures to achieve minimum standards investigated 

11 under paragraph (1) are attributable to a rail car12 rier’s failure to provide preference to Amtrak over 

13 freight transportation as required under subsection 

14 (c), the Board may award damages against the host 

15 rail carrier, including prescribing such other relief to 

16 Amtrak as it determines to be reasonable and appro17 priate pursuant to paragraph (3) of this subsection. 

18 ‘‘(3) DAMAGES AND RELIEF.—In awarding dam19 ages and prescribing other relief under this subsection 

20 the Board shall consider such factors as— 

21 ‘‘(A) the extent to which Amtrak suffers fi22 nancial loss as a result of host rail carrier delays 

23 or failure to achieve minimum standards; and 

24 ‘‘(B) what reasonable measures would ade25 quately deter future actions which may reason-
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1 ably be expected to be likely to result in delays 

2 to Amtrak on the route involved. 

3 ‘‘(4) USE OF DAMAGES.—The Board shall, as it 

4 deems appropriate, order the host rail carrier to 

5 remit the damages awarded under this subsection to 

6 Amtrak or to an entity for which Amtrak operates 

7 intercity passenger rail service. Such damages shall 

8 be used for capital or operating expenditures on the 

9 routes over which delays or failures to achieve min10 imum standards were the result of a rail carrier’s 

11 failure to provide preference to Amtrak over freight 

12 transportation as determined in accordance with 

13 paragraph (2).’’. 

14 (b) FEES.—The Surface Transportation Board may 

15 establish and collect filing fees from any entity that files 

16 a complaint under section 24308(f)(1) of title 49, United 

17 States Code, or otherwise requests or requires the Board’s 

18 services pursuant to this division. The Board shall establish 

19 such fees at levels that will fully or partially, as the Board 

20 determines to be appropriate, offset the costs of adjudicating 

21 complaints under that section and other requests or require22 ments for Board action under this division. The Board may 

23 waive any fee established under this subsection for any gov24 ernmental entity as determined appropriate by the Board. 
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1 (c) AUTHORIZATION OF ADDITIONAL STAFF.—The 

2 Surface Transportation Board may increase the number of 

3 Board employees by up to 15 for the 5 fiscal year period 

4 beginning with fiscal year 2009 to carry out its responsibil5 ities under section 24308 of title 49, United States Code, 

6 and this division. 

7 (d) CHANGE OF REFERENCE.—Section 24308 is 

8 amended— 

9 (1) by striking ‘‘Interstate Commerce Commis10 sion’’ in subsection (a)(2)(A) and inserting ‘‘Surface 

11 Transportation Board’’; 

12 (2) by striking ‘‘Commission’’ each place it ap13 pears and inserting ‘‘Board’’; 

14 (3) by striking ‘‘Secretary of Transportation’’ in 

15 subsection (c) and inserting ‘‘Board’’; and 

16 (4) by striking ‘‘Secretary’’ the last 3 places it 

17 appears in subsection (c) and each place it appears 

18 in subsections (d) and (e) and inserting ‘‘Board’’. 

19 SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT 

20 PROGRAM. 

21 (a) IN GENERAL.—Chapter 247, as amended by sec22 tion 210, is amended by adding at the end thereof the fol23 lowing: 
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1 ‘‘§ 24711. Alternate passenger rail service pilot pro2 gram 

3 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

4 enactment of the Passenger Rail Investment and Improve5 ment Act of 2008, the Federal Railroad Administration 

6 shall complete a rulemaking proceeding to develop a pilot 

7 program that— 

8 ‘‘(1) permits a rail carrier or rail carriers that 

9 own infrastructure over which Amtrak operates a pas10 senger rail service route described in subparagraph 

11 (B), (C), or (D) of section 24102(5) or in section 

12 24702 to petition the Administration to be considered 

13 as a passenger rail service provider over that route in 

14 lieu of Amtrak for a period not to exceed 5 years after 

15 the date of enactment of the Passenger Rail Invest16 ment and Improvement Act of 2008; 

17 ‘‘(2) requires the Administration to notify Am18 trak within 30 days after receiving a petition under 

19 paragraph (1) and establish a deadline by which both 

20 the petitioner and Amtrak would be required to sub21 mit a bid to provide passenger rail service over the 

22 route to which the petition relates; 

23 ‘‘(3) requires that each bid describe how the bid24 der would operate the route, what Amtrak passenger 

25 equipment would be needed, if any, what sources of 
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1 non-Federal funding the bidder would use, including 

2 any State subsidy, among other things; 

3 ‘‘(4) requires the Administration to select win4 ning bidders by evaluating the bids against the finan5 cial and performance metrics developed under section 

6 207 of the Passenger Rail Investment and Improve7 ment Act of 2008 and to give preference in awarding 

8 contracts to bidders seeking to operate routes that 

9 have been identified as one of the five worst per10 forming Amtrak routes under section 24710; 

11 ‘‘(5) requires the Administration to execute a 

12 contract within a specified, limited time after the 

13 deadline established under paragraph (2) and award 

14 to the winning bidder— 

15 ‘‘(A) the right and obligation to provide 

16 passenger rail service over that route subject to 

17 such performance standards as the Administra18 tion may require, consistent with the standards 

19 developed under section 207 of the Passenger 

20 Rail Investment and Improvement Act of 2008; 

21 and 

22 ‘‘(B) an operating subsidy— 

23 ‘‘(i) for the first year at a level not in 

24 excess of the level in effect during the fiscal 
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1 year preceding the fiscal year in which the 

2 petition was received, adjusted for inflation; 

3 ‘‘(ii) for any subsequent years at such 

4 level, adjusted for inflation; and 

5 ‘‘(6) requires that each bid contain a staffing 

6 plan describing the number of employees needed to op7 erate the service, the job assignments and require8 ments, and the terms of work for prospective and cur9 rent employees of the bidder for the service outlined 

10 in the bid, and such staffing plan be made available 

11 by the winning bidder to the public after the bid 

12 award. 

13 ‘‘(b) ROUTE LIMITATIONS.—The Administration may 

14 not make the program available with respect to more than 

15 2 Amtrak intercity passenger rail routes. 

16 ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO FACILI17 TIES; EMPLOYEES.—If the Administration awards the right 

18 and obligation to provide passenger rail service over a route 

19 under the program to a rail carrier or rail carriers— 

20 ‘‘(1) it shall execute a contract with the rail car21 rier or rail carriers for rail passenger operations on 

22 that route that conditions the operating and subsidy 

23 rights upon— 

24 ‘‘(A) the service provider continuing to pro25 vide passenger rail service on the route that is no 
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1 less frequent, nor over a shorter distance, than 

2 Amtrak provided on that route before the award; 

3 and 

4 ‘‘(B) the service provider’s compliance with 

5 the minimum standards established under sec6 tion 207 of the Passenger Rail Investment and 

7 Improvement Act of 2008 and such additional 

8 performance standards as the Administration 

9 may establish; 

10 ‘‘(2) it shall, if the award is made to a rail car11 rier other than Amtrak, require Amtrak to provide 

12 access to its reservation system, stations, and facili13 ties directly related to operations to any rail carrier 

14 or rail carriers awarded a contract under this section, 

15 in accordance with section 217 of that Act, necessary 

16 to carry out the purposes of this section; 

17 ‘‘(3) the employees of any person used by a rail 

18 carrier or rail carriers (as defined in section 

19 10102(5) of this title) in the operation of a route 

20 under this section shall be considered an employee of 

21 that carrier or carriers and subject to the applicable 

22 Federal laws and regulations governing similar crafts 

23 or classes of employees of Amtrak, including provi24 sions under section 121 of the Amtrak Reform and 
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1 Accountability Act of 1997 relating to employees that 

2 provide food and beverage service; and 

3 ‘‘(4) the winning bidder shall provide hiring 

4 preference to qualified Amtrak employees displaced by 

5 the award of the bid, consistent with the staffing plan 

6 submitted by the bidder and shall be subject to the 

7 grant conditions under section 24405 of this title. 

8 ‘‘(d) CESSATION OF SERVICE.—If a rail carrier or rail 

9 carriers awarded a route under this section cease to operate 

10 the service or fail to fulfill their obligations under the con11 tract required under subsection (c), the Administrator, in 

12 collaboration with the Surface Transportation Board, shall 

13 take any necessary action consistent with this title to en14 force the contract and ensure the continued provision of 

15 service, including the installment of an interim service pro16 vider and re-bidding the contract to operate the service. The 

17 entity providing service shall either be Amtrak or a rail 

18 carrier defined in subsection (a)(1). 

19 ‘‘(e) ADEQUATE RESOURCES.—Before taking any ac20 tion allowed under this section, the Secretary shall certify 

21 that the Administrator has sufficient resources that are ade22 quate to undertake the program established under this sec23 tion.’’. 

24 (b) REPORT.—Within 1 year after the conclusion of 

25 the pilot program established under subsection (a), the Fed-
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1 eral Railroad Administration shall submit to the Com2 mittee on Transportation and Infrastructure of the House 

3 of Representatives and the Committee on Commerce, 

4 Science, and Transportation of the Senate a report on the 

5 results on the pilot program established under section 

6 24711, and any recommendations for further action. 

7 (c) CONFORMING AMENDMENT.—The chapter analysis 

8 for chapter 247, as amended by section 210, is amended 

9 by inserting after the item relating to section 24710 the fol10 lowing: 

‘‘24711. Alternate passenger rail service pilot program.’’. 

11 SEC. 215. EMPLOYEE TRANSITION ASSISTANCE. 

12 (a) PROVISION OF FINANCIAL INCENTIVES.—For Am13 trak employees who are adversely affected by the cessation 

14 of the operation of a long-distance route or any other route 

15 under section 24711 of title 49, United States Code, pre16 viously operated by Amtrak, the Secretary shall develop a 

17 program under which the Secretary may, at the Secretary’s 

18 discretion, provide grants for financial incentives to be pro19 vided to Amtrak employees who voluntarily terminate their 

20 employment with Amtrak and relinquish any legal rights 

21 to receive termination-related payments under any contrac22 tual agreement with Amtrak. 

23 (b) CONDITIONS FOR FINANCIAL INCENTIVES.—As a 

24 condition for receiving financial assistance grants under 

25 this section, Amtrak must certify that— 
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1 (1) a reasonable attempt was made to reassign 

2 an employee adversely affected under section 24711 of 

3 title 49, United States Code, or by the elimination of 

4 any route, to other positions within Amtrak in ac5 cordance with any contractual agreements; 

6 (2) the financial assistance results in a net re7 duction in the total number of employees equal to the 

8 number receiving financial incentives; 

9 (3) the financial assistance results in a net re10 duction in total employment expense equivalent to the 

11 total employment expenses associated with the em12 ployees receiving financial incentives; and 

13 (4) the total number of employees eligible for ter14 mination-related payments will not be increased 

15 without the express written consent of the Secretary. 

16 (c) AMOUNT OF FINANCIAL INCENTIVES.—The finan17 cial incentives authorized under this section may be no 

18 greater than $100,000 per employee. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 hereby authorized to be appropriated to the Secretary such 

21 sums as may be necessary to make grants to Amtrak to pro22 vide financial incentives under subsection (a). 

23 (e) TERMINATION-RELATED PAYMENTS.—If Amtrak 

24 employees adversely affected by the cessation of Amtrak 

25 service resulting from the awarding of a grant to an oper-
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1 ator other than Amtrak for the operation of a route under 

2 section 24711 of title 49, United States Code, or any other 

3 route, previously operated by Amtrak do not receive finan4 cial incentives under subsection (a), then the Secretary shall 

5 make grants to Amtrak from funds authorized by section 

6 101 of this division for termination-related payments to 

7 employees under existing contractual agreements. 

8 SEC. 216. SPECIAL PASSENGER TRAINS. 

9 Amtrak is encouraged to increase the operation of spe10 cial trains funded by, or in partnership with, private sector 

11 operators through competitive contracting to minimize the 

12 need for Federal subsidies. Amtrak shall utilize the provi13 sions of section 24308 of title 49, United States Code, when 

14 necessary to obtain access to facilities, train and engine 

15 crews, or services of a rail carrier or regional transpor16 tation authority that are required to operate such trains. 

17 SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES. 

18 If a State desires to select or selects an entity other 

19 than Amtrak to provide services required for the operation 

20 of an intercity passenger train route described in section 

21 24102(5)(D) or 24702 of title 49, United States Code, the 

22 State may make an agreement with Amtrak to use facilities 

23 and equipment of, or have services provided by, Amtrak 

24 under terms agreed to by the State and Amtrak to enable 

25 the State to utilize an entity other than Amtrak to provide 
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1 services required for operation of the route. If the parties 

2 cannot agree upon terms, and the Surface Transportation 

3 Board finds that access to Amtrak’s facilities or equipment, 

4 or the provision of services by Amtrak, is necessary to carry 

5 out this provision and that the operation of Amtrak’s other 

6 services will not be impaired thereby, the Surface Transpor7 tation Board shall, within 120 days after submission of the 

8 dispute, issue an order that the facilities and equipment 

9 be made available, and that services be provided, by Am10 trak, and shall determine reasonable compensation, liabil11 ity, and other terms for use of the facilities and equipment 

12 and provision of the services. Compensation shall be deter13 mined, as appropriate, in accordance with the methodology 

14 established pursuant to section 209 of this division, if avail15 able. 

16 SEC. 218. GENERAL AMTRAK PROVISIONS. 

17 (a) CONFORMING CHANGES.— 

18 (1) PLAN REQUIRED.—Section 24101(d) is 

19 amended— 

20 (A) by striking ‘‘plan to operate within the 

21 funding levels authorized by section 24104 of this 

22 chapter, including the budgetary goals for fiscal 

23 years 1998 through 2002.’’ and inserting ‘‘plan, 

24 consistent with section 204 of the Passenger Rail 

25 Investment and Improvement Act of 2008, in-
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1 cluding the budgetary goals for fiscal years 2009 

2 through 2013.’’; and 

3 (B) by striking the last sentence and insert4 ing ‘‘Amtrak and its Board of Directors shall 

5 adopt a long-term plan that minimizes the need 

6 for Federal operating subsidies.’’. 

7 (2) AMTRAK REFORM AND ACCOUNTABILITY ACT

8 AMENDMENTS.—Title II of the Amtrak Reform and 

9 Accountability Act of 1997 (49 U.S.C. 24101 nt) is 

10 amended by striking sections 204 and 205. 

11 (b) LEASE ARRANGEMENTS AND OTHER PUR12 CHASES.—Amtrak may obtain from the Administrator of 

13 General Services, and the Administrator may provide to 

14 Amtrak, services under sections 502(a) and 602 of title 40, 

15 United States Code. 

16 SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EX17 ISTING INTERCITY RAIL STATIONS. 

18 (a) IN GENERAL.—Amtrak, in consultation with sta19 tion owners and other railroads operating service through 

20 the existing stations that it serves, shall evaluate the im21 provements necessary to make these stations readily acces22 sible to and usable by individuals with disabilities, as re23 quired by such section 242(e)(2) of the Americans with Dis24 abilities Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua25 tion shall include, for each applicable station, improve-
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1 ments required to bring it into compliance with the appli2 cable parts of such section 242(e)(2), any potential barriers 

3 to achieving compliance, including issues related to pas4 senger rail station platforms, the estimated cost of the im5 provements necessary, the identification of the responsible 

6 person (as defined in section 241(5) of that Act (42 U.S.C. 

7 12161(5))), and the earliest practicable date when such im8 provements can be made. The evaluation shall also include 

9 a detailed plan and schedule for bringing all applicable sta10 tions into compliance with the applicable parts of section 

11 242(e)(2) by the 2010 statutory deadline for station accessi12 bility. Amtrak shall submit the evaluation to the Committee 

13 on Transportation and Infrastructure of the House of Rep14 resentatives; the Committee on Commerce, Science, and 

15 Transportation of the Senate; the Department of Transpor16 tation; and the National Council on Disability by February 

17 1, 2009, along with recommendations for funding the nec18 essary improvements. Should the Department of Transpor19 tation issue any rule related to transportation for individ20 uals with disabilities by intercity passenger rail after Am21 trak submits its evaluation, Amtrak shall, within 120 days 

22 after the date that such rule is published, submit to the 

23 above parties a supplemental evaluation on any impact of 

24 the rule on its cost and schedule for achieving full compli25 ance. 
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1 (b) ACCESSIBILITY IMPROVEMENTS AND BARRIER RE2 MOVAL FOR PEOPLE WITH DISABILITIES.—There are au3 thorized to be appropriated to the Secretary for the use of 

4 Amtrak such sums as may be necessary to improve the ac5 cessibility of facilities, including rail platforms, and serv6 ices. 

7 SEC. 220. OVERSIGHT OF AMTRAK’S COMPLIANCE WITH AC8 CESSIBILITY REQUIREMENTS. 

9 Using the funds authorized by section 103 of this divi10 sion, the Federal Railroad Administration shall monitor 

11 and conduct periodic reviews of Amtrak’s compliance with 

12 applicable sections of the Americans with Disabilities Act 

13 of 1990 and the Rehabilitation Act of 1974 to ensure that 

14 Amtrak’s services and facilities are accessible to individuals 

15 with disabilities to the extent required by law. 

16 SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY. 

17 (a) IN GENERAL.—Chapter 243 is amended by insert18 ing after section 24309 the following: 

19 ‘‘§ 24310. Management accountability 

20 ‘‘(a) IN GENERAL.—Within 3 years after the date of 

21 enactment of the Passenger Rail Investment and Improve22 ment Act of 2008, and 2 years thereafter, the Inspector Gen23 eral of the Department of Transportation shall complete an 

24 overall assessment of the progress made by Amtrak manage-
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1 ment and the Department of Transportation in imple2 menting the provisions of that Act. 

3 ‘‘(b) ASSESSMENT.—The management assessment un4 dertaken by the Inspector General may include a review 

5 of— 

6 ‘‘(1) effectiveness in improving annual financial 

7 planning; 

8 ‘‘(2) effectiveness in implementing improved fi9 nancial accounting; 

10 ‘‘(3) efforts to implement minimum train per11 formance standards; 

12 ‘‘(4) progress maximizing revenues, minimizing 

13 Federal subsidies, and improving financial results; 

14 and 

15 ‘‘(5) any other aspect of Amtrak operations the 

16 Inspector General finds appropriate to review.’’. 

17 (b) CONFORMING AMENDMENT.—The chapter analysis 

18 for chapter 243 is amended by inserting after the item relat19 ing to section 24309 the following: 

‘‘24310. Management accountability.’’. 

20 SEC. 222. ON-BOARD SERVICE IMPROVEMENTS. 

21 (a) IN GENERAL.—Within 1 year after metrics and 

22 standards are established under section 207 of this division, 

23 Amtrak shall develop and implement a plan to improve on24 board service pursuant to the metrics and standards for 

25 such service developed under that section. 
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1 (b) REPORT.—Amtrak shall provide a report to the 

2 Committee on Transportation and Infrastructure of the 

3 House of Representatives and the Committee on Commerce, 

4 Science, and Transportation of the Senate on the on-board 

5 service improvements proscribed in the plan and the 

6 timeline for implementing such improvements. 

7 SEC. 223. INCENTIVE PAY. 

8 The Amtrak Board of Directors is encouraged to de9 velop an incentive pay program for Amtrak management 

10 employees. 

11 SEC. 224. PASSENGER RAIL SERVICE STUDIES. 

12 (a) INTERCITY RAIL SERVICE STUDIES.—Within 1 

13 year after the date of enactment of this Act, Amtrak shall 

14 conduct studies of the following routes: 

15 (1) The Pioneer Route between Seattle and Chi16 cago, which was operated by Amtrak until 1997, to 

17 determine whether to reinstate passenger rail service 

18 along the route or along segments of the route. 

19 (2) The North Coast Hiawatha Route between 

20 Chicago and Seattle, through southern Montana, 

21 which was operated by Amtrak until 1979, to deter22 mine whether to reinstate passenger rail service along 

23 the route or along segments of the route, provided that 

24 such service will not negatively impact existing Am25 trak routes. 
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1 (3) Between Cornwells Heights, Pennsylvania, 

2 and New York, New York, to determine whether to ex3 pand passenger rail service by increasing the fre4 quency of stops or reducing commuter ticket prices for 

5 this route. 

6 (4) Between Princeton Junction, New Jersey, 

7 and Philadelphia, Pennsylvania, to determine wheth8 er to expand passenger rail service along the route. 

9 (5) Between Harrisburg and Pittsburgh, Penn10 sylvania, to determine whether to increase frequency 

11 of passenger rail service along the route or along seg12 ments of the route. 

13 (6) The Capitol Limited Route between Cum14 berland, Maryland, and Pittsburgh, Pennsylvania, to 

15 determine whether to reinstate a station stop at Rock16 wood, Pennsylvania. 

17 (b) ASSISTANCE.—The Comptroller General of the 

18 General Accountability Office shall, upon request by Am19 trak, assist Amtrak in conducting the studies under sub20 section (a). 

21 (c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The 

22 Secretary shall conduct— 

23 (A) an analysis of the Secretary’s December 1, 

24 1998, extension of the designation of the Southeast 

25 High-Speed Rail Corridor as authorized under section 
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1 104(d)(2) of title 23, United States Code, including 

2 an analysis of alternative routings for the corridor; 

3 (B) a feasibility analysis regarding the expan4 sion of the South Central High-Speed Rail Cor5 ridor— 

6 (i) to Memphis, Tennessee; 

7 (ii) to the Port of Houston, Texas; 

8 (iii) through Killeen, Texas; and 

9 (iv) south of San Antonio, Texas, to a loca10 tion in far south Texas to be chosen at the dis11 cretion of the Secretary; and 

12 (C) a feasibility analysis regarding the expan13 sion of the Keystone Corridor to Cleveland, Ohio. 

14 These analyses shall consider changes that have occurred in 

15 the region’s population, anticipated patterns of population 

16 growth, connectivity with other modes of transportation, the 

17 ability of the proposed corridor to reduce regional traffic 

18 congestion, and the ability of current and proposed routings 

19 to enhance tourism. Within 1 year after the date of enact20 ment of this Act, the Secretary shall submit a report on 

21 these analyses to the Committee on Transportation and In22 frastructure of the House of Representatives and the Com23 mittee on Commerce, Science, and Transportation of the 

24 Senate, and shall redesignate or modify corridor designa25 tions based on these analyses, if necessary. 
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1 (2) The Secretary shall establish a process for a State 

2 or group of States to petition the Secretary to redesignate 

3 or modify any designated high-speed rail corridors. 

4 SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PAS5 SENGER RAIL ROUTES. 

6 Within 6 months after the date of the enactment of this 

7 Act, the Inspector General of the Department of Transpor8 tation shall submit to the Committee on Transportation 

9 and Infrastructure of the House of Representatives and the 

10 Committee on Commerce, Science, and Transportation of 

11 the Senate a report that— 

12 (1) describes service delays and the sources of 

13 such delays on— 

14 (A) the Amtrak passenger rail route between 

15 Seattle, Washington, and Los Angeles, California 

16 (commonly known as the ‘‘Coast Starlight’’); and 

17 (B) the Amtrak passenger rail route between 

18 Vancouver, British Columbia, Canada, and Eu19 gene, Oregon (commonly known as ‘‘Amtrak Cas20 cades’’); and 

21 (2) contains recommendations for improving the 

22 on-time performance of such routes. 

23 SEC. 226. PLAN FOR RESTORATION OF SERVICE. 

24 Within 9 months after the date of enactment of this 

25 Act, Amtrak shall transmit to the Committee on Transpor-
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1 tation and Infrastructure of the House of Representatives 

2 and the Committee on Commerce, Science, and Transpor3 tation of the Senate a plan for restoring passenger rail serv4 ice between New Orleans, Louisiana, and Sanford, Florida. 

5 The plan shall include a projected timeline for restoring 

6 such service, the costs associated with restoring such service, 

7 and any proposals for legislation necessary to support such 

8 restoration of service. In developing the plan, Amtrak shall 

9 consult with representatives from the States of Louisiana, 

10 Alabama, Mississippi, and Florida, railroad carriers whose 

11 tracks may be used for such service, rail passengers, rail 

12 labor, and other entities as appropriate. 

13 SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZA14 TION STUDY. 

15 Within 9 months after the date of enactment of this 

16 Act, the Inspector General of the Department of Transpor17 tation shall transmit to the Committee on Transportation 

18 and Infrastructure of the House of Representatives and the 

19 Committee on Commerce, Science, and Transportation of 

20 the Senate a report on Amtrak’s utilization of its equipment 

21 maintenance and repair facilities, including the Beech 

22 Grove Mechanical Facility in Indiana. The report shall in23 clude an examination of Amtrak’s utilization of its existing 

24 equipment maintenance and repair facilities, the produc25 tivity of such facilities, and the extent to which Amtrak is 
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1 maximizing opportunities for utilizing each facility, in2 cluding the provision of maintenance and repair to other 

3 rail carriers. In developing this report, the Inspector Gen4 eral shall consult with the Inspector General of Amtrak, 

5 Amtrak management, rail labor, and other railroad car6 riers, as it deems appropriate. 

7 SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED 

8 TO MAINTAIN AMTRAK AS A NATIONAL PAS9 SENGER RAIL SYSTEM. 

10 (a) FINDINGS.—The Congress makes the following 

11 findings: 

12 (1) In fiscal year 2007, 3,800,000 passengers 

13 traveled on Amtrak’s long-distance trains, an increase 

14 of 2.4 percent over fiscal year 2006. 

15 (2) Amtrak long-distance routes generated 

16 $376,000,000 in revenue in fiscal year 2007, an in17 crease of 5 percent over fiscal year 2006. 

18 (3) Amtrak operates 15 long-distance trains over 

19 18,500 route miles that serve 39 States and the Dis20 trict of Columbia. These trains provide the only rail 

21 passenger service to 23 States. 

22 (4) Amtrak’s long-distance trains provide an es23 sential transportation service for many communities 

24 and to a significant percentage of the general public. 
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1 (5) Many long-distance trains serve small com2 munities with limited or no significant air or bus 

3 service, especially in remote or isolated areas in the 

4 United States. 

5 (6) As a result of airline deregulation and deci6 sions by national bus carriers to leave many commu7 nities, rail transportation may provide the only fea8 sible common carrier transportation option for a 

9 growing number of areas. 

10 (7) If long-distance trains were eliminated, 23 

11 States and 243 communities would be left with no 

12 intercity passenger rail service and 16 other States 

13 would lose some rail service. These trains provide a 

14 strong economic benefit for the States and commu15 nities that they serve. 

16 (8) Long-distance trains also provide transpor17 tation during periods of severe weather or emergencies 

18 that stall other modes of transportation. 

19 (9) Amtrak provided the only reliable long-dis20 tance transportation following the September 11, 

21 2001, terrorist attacks that grounded air travel. 

22 (10) The majority of passengers on long-distance 

23 trains do not travel between the endpoints, but rather 

24 between any combination of cities along the route. 
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1 (11) Passenger trains provide transportation op2 tions, mobility for underserved populations, conges3 tion mitigation, and jobs in the areas they serve. 

4 (12) Passenger rail has a positive impact on the 

5 environment compared to other modes of transpor6 tation by conserving energy, reducing greenhouse gas 

7 emissions, and cutting down on other airborne partic8 ulate and toxic emissions. 

9 (13) Amtrak communities that are served use 

10 passenger rail and passenger rail stations as a sig11 nificant source of economic development. 

12 (14) This division makes meaningful and impor13 tant reforms to increase the efficiency, profitability 

14 and on-time performance of Amtrak’s long-distance 

15 routes. 

16 (b) SENSE OF THE CONGRESS.—It is the sense of the 

17 Congress that— 

18 (1) long-distance passenger rail is a vital and 

19 necessary part of our national transportation system 

20 and economy; and 

21 (2) Amtrak should maintain a national pas22 senger rail system, including long-distance routes, 

23 that connects the continental United States from coast 

24 to coast and from border to border. 
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1 TITLE III—INTERCITY 

2 PASSENGER RAIL POLICY 

3 SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PAS4 SENGER RAIL SERVICE. 

5 (a) IN GENERAL.—Part C of subtitle V is amended by 

6 inserting the following after chapter 243: 

7 ‘‘CHAPTER 244—INTERCITY PASSENGER 

8 RAIL SERVICE CORRIDOR CAPITAL AS9 SISTANCE 

‘‘Sec. 

‘‘24401. Definitions. 

‘‘24402. Capital investment grants to support intercity passenger rail service. 

‘‘24403. Project management oversight. 

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

‘‘24405. Grant conditions. 

‘‘24406. Authorization of appropriations. 

10 ‘‘§ 24401. Definitions 

11 ‘‘In this chapter: 

12 ‘‘(1) APPLICANT.—The term ‘applicant’ means a 

13 State (including the District of Columbia), a group of 

14 States, an Interstate Compact, or a public agency es15 tablished by one or more States and having responsi16 bility for providing intercity passenger rail service. 

17 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

18 project’ means a project or program in a State rail 

19 plan developed under chapter 227 of this title for— 

20 ‘‘(A) acquiring, constructing, improving, or 

21 inspecting equipment, track and track structures, 

22 or a facility for use in or for the primary benefit 
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1 of intercity passenger rail service, expenses inci2 dental to the acquisition or construction (includ3 ing designing, engineering, location surveying, 

4 mapping, environmental studies, and acquiring 

5 rights-of-way), payments for the capital portions 

6 of rail trackage rights agreements, highway-rail 

7 grade crossing improvements related to intercity 

8 passenger rail service, mitigating environmental 

9 impacts, communication and signalization im10 provements, relocation assistance, acquiring re11 placement housing sites, and acquiring, con12 structing, relocating, and rehabilitating replace13 ment housing; 

14 ‘‘(B) rehabilitating, remanufacturing or 

15 overhauling rail rolling stock and facilities used 

16 primarily in intercity passenger rail service; 

17 ‘‘(C) costs associated with developing State 

18 rail plans; and 

19 ‘‘(D) the first-dollar liability costs for insur20 ance related to the provision of intercity pas21 senger rail service under section 24404. 

22 ‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The 

23 term ‘intercity passenger rail service’ means intercity 

24 rail passenger transportation, as defined in section 

25 24102 of this title. 
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1 ‘‘§ 24402. Capital investment grants to support inter2 city passenger rail service 

3 ‘‘(a) GENERAL AUTHORITY.— 

4 ‘‘(1) The Secretary of Transportation may make 

5 grants under this section to an applicant to assist in 

6 financing the capital costs of facilities, infrastructure, 

7 and equipment necessary to provide or improve inter8 city passenger rail transportation. 

9 ‘‘(2) Consistent with the requirements of this 

10 chapter, the Secretary shall require that a grant 

11 under this section be subject to the terms, conditions, 

12 requirements, and provisions the Secretary decides 

13 are necessary or appropriate for the purposes of this 

14 section, including requirements for the disposition of 

15 net increases in value of real property resulting from 

16 the project assisted under this section and shall pre17 scribe procedures and schedules for the awarding of 

18 grants under this title, including application and 

19 qualification procedures and a record of decision on 

20 applicant eligibility. The Secretary shall issue a final 

21 rule establishing such procedures not later than 2 

22 years after the date of enactment of the Passenger 

23 Rail Investment and Improvement Act of 2008. For 

24 the period prior to the earlier of the issuance of such 

25 a rule or 2 years after the date of enactment of such 

26 Act, the Secretary shall issue interim guidance to ap-
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1 plicants covering such procedures, and administer the 

2 grant program authorized under this section pursuant 

3 to such guidance. 

4 ‘‘(b) PROJECT AS PART OF STATE RAIL PLAN.— 

5 ‘‘(1) The Secretary may not approve a grant for 

6 a project under this section unless the Secretary finds 

7 that the project is part of a State rail plan developed 

8 under chapter 227 of this title, or under the plan re9 quired by section 211 of the Passenger Rail Invest10 ment and Improvement Act of 2008, and that the ap11 plicant or recipient has or will have the legal, finan12 cial, and technical capacity to carry out the project, 

13 satisfactory continuing control over the use of the 

14 equipment or facilities, and the capability and will15 ingness to maintain the equipment or facilities. 

16 ‘‘(2) An applicant shall provide sufficient infor17 mation upon which the Secretary can make the find18 ings required by this subsection. 

19 ‘‘(3) If an applicant has not selected the pro20 posed operator of its service competitively, the appli21 cant shall provide written justification to the Sec22 retary showing why the proposed operator is the best, 

23 taking into account price and other factors, and that 

24 use of the proposed operator will not unnecessarily in25 crease the cost of the project. 
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1 ‘‘(c) PROJECT SELECTION CRITERIA.—The Secretary, 

2 in selecting the recipients of financial assistance to be pro3 vided under subsection (a), shall— 

4 ‘‘(1) require— 

5 ‘‘(A) that the project be part of a State rail 

6 plan developed under chapter 227 of this title, or 

7 under the plan required by section 211 of the 

8 Passenger Rail Investment and Improvement Act 

9 of 2008; 

10 ‘‘(B) that the applicant or recipient has or 

11 will have the legal, financial, and technical ca12 pacity to carry out the project, satisfactory con13 tinuing control over the use of the equipment or 

14 facilities, and the capability and willingness to 

15 maintain the equipment or facilities; 

16 ‘‘(C) that the applicant provides sufficient 

17 information upon which the Secretary can make 

18 the findings required by this subsection; 

19 ‘‘(D) that if an applicant has selected the 

20 proposed operator of its service competitively, 

21 that the applicant provide written justification 

22 to the Secretary showing why the proposed oper23 ator is the best, taking into account costs and 

24 other factors; 
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1 ‘‘(E) that each proposed project meet all 

2 safety and security requirements that are appli3 cable to the project under law; and 

4 ‘‘(F) that each project be compatible with, 

5 and operated in conformance with— 

6 ‘‘(i) plans developed pursuant to the 

7 requirements of section 135 of title 23, 

8 United States Code; and 

9 ‘‘(ii) the national rail plan (if it is 

10 available); 

11 ‘‘(2) select projects— 

12 ‘‘(A) that are anticipated to result in sig13 nificant improvements to intercity rail passenger 

14 service, including, but not limited to, consider15 ation of— 

16 ‘‘(i) the project’s levels of estimated 

17 ridership, increased on-time performance, 

18 reduced trip time, additional service fre19 quency to meet anticipated or existing de20 mand, or other significant service enhance21 ments as measured against minimum 

22 standards developed under section 207 of 

23 the Passenger Rail Investment and Im24 provement Act of 2008; 
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1 ‘‘(ii) the project’s anticipated favorable 

2 impact on air or highway traffic congestion, 

3 capacity, or safety; and 

4 ‘‘(iii) identification of the project by 

5 the Surface Transportation Board as nec6 essary to improve the on-time performance 

7 and reliability of intercity passenger rail 

8 under section 24308(f); 

9 ‘‘(B) for which there is a high degree of con10 fidence that the proposed project is feasible and 

11 will result in the anticipated benefits, as indi12 cated by— 

13 ‘‘(i) the project’s precommencement 

14 compliance with environmental protection 

15 requirements; 

16 ‘‘(ii) the readiness of the project to be 

17 commenced; 

18 ‘‘(iii) the timing and amount of the 

19 project’s future noncommitted investments; 

20 ‘‘(iv) the commitment of any affected 

21 host rail carrier to ensure the realization of 

22 the anticipated benefits; and 

23 ‘‘(v) other relevant factors as deter24 mined by the Secretary; and 
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1 ‘‘(C) for which the level of the anticipated 

2 benefits compares favorably to the amount of 

3 Federal funding requested under this chapter; 

4 and 

5 ‘‘(3) give greater consideration to projects— 

6 ‘‘(A) that are anticipated to result in bene7 fits to other modes transportation and to the 

8 public at large, including, but not limited to, 

9 consideration of the project’s— 

10 ‘‘(i) encouragement of intermodal 

11 connectivity through provision of direct con12 nections between train stations, airports, 

13 bus terminals, subway stations, ferry ports, 

14 and other modes of transportation; 

15 ‘‘(ii) anticipated improvement of 

16 freight or commuter rail operations; 

17 ‘‘(iii) encouragement of the use of posi18 tive train control technologies; 

19 ‘‘(iv) environmental benefits, including 

20 projects that involve the purchase of envi21 ronmentally sensitive, fuel-efficient, and 

22 cost-effective passenger rail equipment; 

23 ‘‘(v) anticipated positive economic and 

24 employment impacts; 
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1 ‘‘(vi) encouragement of State and pri2 vate contributions toward station develop3 ment, energy and environmentally effi4 ciency, and economic benefits; and 

5 ‘‘(vii) falling under the description in 

6 section 5302(a)(1)(G) of this title as defined 

7 to support intercity passenger rail service; 

8 and 

9 ‘‘(B) that incorporate equitable financial 

10 participation in the project’s financing, includ11 ing, but not limited to, consideration of— 

12 ‘‘(i) donated property interests or serv13 ices; 

14 ‘‘(ii) financial contributions by freight 

15 and commuter rail carriers commensurate 

16 with the benefit expected to their operations; 

17 and 

18 ‘‘(iii) financial commitments from host 

19 railroads, non-Federal governmental enti20 ties, nongovernmental entities, and others. 

21 ‘‘(d) STATE RAIL PLANS.—State rail plans completed 

22 before the date of enactment of the Passenger Rail Invest23 ment and Improvement Act of 2008 that substantially meet 

24 the requirements of chapter 227 of this title, as determined 

25 by the Secretary pursuant to section 22506 of this title, 
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1 shall be deemed by the Secretary to have met the require2 ments of subsection (c)(1)(A) of this section. 

3 ‘‘(e) AMTRAK ELIGIBILITY.—To receive a grant under 

4 this section, Amtrak may enter into a cooperative agree5 ment with 1 or more States to carry out 1 or more projects 

6 on a State rail plan’s ranked list of rail capital projects 

7 developed under section 22504(a)(5) of this title. For such 

8 a grant, Amtrak may not use Federal funds authorized 

9 under section 101(a) or (c) of the Passenger Rail Investment 

10 and Improvement Act of 2008 to fulfill the non-Federal 

11 share requirements under subsection (g) of this section. 

12 ‘‘(f) LETTERS OF INTENT AND EARLY SYSTEMS WORK

13 AGREEMENTS.— 

14 ‘‘(1) The Secretary may issue a letter of intent 

15 to an applicant announcing an intention to obligate, 

16 for a major capital project under this section, an 

17 amount from future available budget authority speci18 fied in law that is not more than the amount stipu19 lated as the financial participation of the Secretary 

20 in the project. 

21 ‘‘(2) At least 30 days before issuing a letter 

22 under paragraph (1) of this subsection, the Secretary 

23 shall notify in writing the Committee on Transpor24 tation and Infrastructure of the House of Representa25 tives, the Committee on Commerce, Science, and 
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1 Transportation of the Senate, and the House and 

2 Senate Committees on Appropriations of the proposed 

3 letter or agreement. The Secretary shall include with 

4 the notification a copy of the proposed letter or agree5 ment, the criteria used in subsection (c) for selecting 

6 the project for a grant award, and a description of 

7 how the project meets such criteria. 

8 ‘‘(3) An obligation or administrative commit9 ment may be made only when amounts are appro10 priated. The letter of intent shall state that the con11 tingent commitment is not an obligation of the Fed12 eral Government, and is subject to the availability of 

13 appropriations under Federal law and to Federal 

14 laws in force or enacted after the date of the contin15 gent commitment. 

16 ‘‘(g) FEDERAL SHARE OF NET PROJECT COST.— 

17 ‘‘(1)(A) Based on engineering studies, studies of 

18 economic feasibility, and information on the expected 

19 use of equipment or facilities, the Secretary shall esti20 mate the net project cost. 

21 ‘‘(B) A grant for the project shall not exceed 80 

22 percent of the project net capital cost. 

23 ‘‘(C) The Secretary shall give priority in allo24 cating future obligations and contingent commitments 
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1 to incur obligations to grant requests seeking a lower 

2 Federal share of the project net capital cost. 

3 ‘‘(2) Up to an additional 20 percent of the re4 quired non-Federal funds may be funded from 

5 amounts appropriated to or made available to a de6 partment or agency of the Federal Government that 

7 are eligible to be expended for transportation. 

8 ‘‘(3) The following amounts, not to exceed 

9 $15,000,000 per fiscal year, shall be available to each 

10 applicant as a credit toward an applicant’s matching 

11 requirement for a grant awarded under this section— 

12 ‘‘(A) in each of fiscal years 2009, 2010, and 

13 2011— 

14 ‘‘(i) 50 percent of the average of 

15 amounts expended in fiscal years 2002 

16 through 2008 by an applicant for capital 

17 projects related to intercity passenger rail 

18 service; and 

19 ‘‘(ii) 50 percent of the average of 

20 amounts expended in fiscal years 2002 

21 through 2008 by an applicant for operating 

22 costs of such service; and 

23 ‘‘(B) in each of fiscal years 2010, 2011 and 

24 2012, 50 percent of the amount by which the 

25 amounts expended for capital projects and oper-
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1 ating costs related to intercity passenger rail 

2 service by an applicant in the prior fiscal year 

3 exceed the average capital and operating expend4 itures made for such service in fiscal years 2006, 

5 2007, and 2008. 

6 The Secretary may require such information as nec7 essary to verify such expenditures. Credits made 

8 available to an applicant in a fiscal year under this 

9 paragraph may only be applied towards grants 

10 awarded in that fiscal year. 

11 ‘‘(4) The Federal share of expenditures for cap12 ital improvements under this chapter may not exceed 

13 100 percent. 

14 ‘‘(h) 2-YEAR AVAILABILITY.—Funds appropriated 

15 under this section shall remain available until expended. 

16 If any amount provided as a grant under this section is 

17 not obligated or expended for the purposes described in sub18 section (a) within 2 years after the date on which the State 

19 received the grant, such sums shall be returned to the Sec20 retary for other intercity passenger rail development 

21 projects under this section at the discretion of the Secretary. 

22 ‘‘(i) COOPERATIVE AGREEMENTS.— 

23 ‘‘(1) IN GENERAL.—A metropolitan planning or24 ganization, State transportation department, or other 

25 project sponsor may enter into an agreement with 
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1 any public, private, or nonprofit entity to coopera2 tively implement any project funded with a grant 

3 under this chapter. 

4 ‘‘(2) FORMS OF PARTICIPATION.—Participation 

5 by an entity under paragraph (1) may consist of— 

6 ‘‘(A) ownership or operation of any land, 

7 facility, locomotive, rail car, vehicle, or other 

8 physical asset associated with the project; 

9 ‘‘(B) cost-sharing of any project expense; 

10 ‘‘(C) carrying out administration, construc11 tion management, project management, project 

12 operation, or any other management or oper13 ational duty associated with the project; and 

14 ‘‘(D) any other form of participation ap15 proved by the Secretary. 

16 ‘‘(3) SUBALLOCATION.—A State may allocate 

17 funds under this section to any entity described in 

18 paragraph (1). 

19 ‘‘(j) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 

20 carrying out this section, the Secretary shall allocate an 

21 appropriate portion of the amounts available under this 

22 section to provide grants to States— 

23 ‘‘(1) in which there is no intercity passenger rail 

24 service for the purpose of funding freight rail capital 

25 projects that are on a State rail plan developed under 
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1 chapter 227 of this title that provide public benefits 

2 (as defined in chapter 227) as determined by the Sec3 retary; or 

4 ‘‘(2) in which the rail transportation system is 

5 not physically connected to rail systems in the conti6 nental United States or may not otherwise qualify for 

7 a grant under this section due to the unique charac8 teristics of the geography of that State or other rel9 evant considerations, for the purpose of funding 

10 transportation-related capital projects. 

11 ‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary shall 

12 make not less than 5 percent annually available from the 

13 amounts authorized under section 101(c) of the Passenger 

14 Rail Investment and Improvement Act of 2008 beginning 

15 in fiscal year 2009 for grants for capital projects eligible 

16 under this section not exceeding $2,000,000, including costs 

17 eligible under section 209(d) of that Act. For grants award18 ed under this subsection, the Secretary may waive require19 ments of this section, including state rail plan require20 ments, as appropriate. 

21 ‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS AND

22 STORAGE.—Grants under this chapter may be used to pro23 vide access to rolling stock for nonmotorized transportation, 

24 including bicycles, and recreational equipment, and to pro-
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1 vide storage capacity in trains for such transportation, 

2 equipment, and other luggage, to ensure passenger safety. 

3 ‘‘§ 24403. Project management oversight 

4 ‘‘(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.— 

5 To receive Federal financial assistance for a major capital 

6 project under this chapter, an applicant must prepare and 

7 carry out a project management plan approved by the Sec8 retary of Transportation. The plan shall provide for— 

9 ‘‘(1) adequate recipient staff organization with 

10 well-defined reporting relationships, statements of 

11 functional responsibilities, job descriptions, and job 

12 qualifications; 

13 ‘‘(2) a budget covering the project management 

14 organization, appropriate consultants, property ac15 quisition, utility relocation, systems demonstration 

16 staff, audits, and miscellaneous payments the recipi17 ent may be prepared to justify; 

18 ‘‘(3) a construction schedule for the project; 

19 ‘‘(4) a document control procedure and record20 keeping system; 

21 ‘‘(5) a change order procedure that includes a 

22 documented, systematic approach to handling the con23 struction change orders; 
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1 ‘‘(6) organizational structures, management 

2 skills, and staffing levels required throughout the con3 struction phase; 

4 ‘‘(7) quality control and quality assurance func5 tions, procedures, and responsibilities for construc6 tion, system installation, and integration of system 

7 components; 

8 ‘‘(8) material testing policies and procedures; 

9 ‘‘(9) internal plan implementation and reporting 

10 requirements; 

11 ‘‘(10) criteria and procedures to be used for test12 ing the operational system or its major components; 

13 ‘‘(11) periodic updates of the plan, especially re14 lated to project budget and project schedule, financ15 ing, and ridership estimates; and 

16 ‘‘(12) the recipient’s commitment to submit peri17 odically a project budget and project schedule to the 

18 Secretary. 

19 ‘‘(b) SECRETARIAL OVERSIGHT.— 

20 ‘‘(1) The Secretary may use no more than 1 per21 cent of amounts made available in a fiscal year for 

22 capital projects under this chapter to enter into con23 tracts to oversee the construction of such projects. 

24 ‘‘(2) The Secretary may use amounts available 

25 under paragraph (1) of this subsection to make con-
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•HR 2095 EAH 

1 tracts for safety, procurement, management, and fi2 nancial compliance reviews and audits of a recipient 

3 of amounts under paragraph (1). 

4 ‘‘(3) The Federal Government shall pay the en5 tire cost of carrying out a contract under this sub6 section. 

7 ‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipi8 ent of assistance under this chapter shall provide the Sec9 retary and a contractor the Secretary chooses under sub10 section (b) of this section with access to the construction 

11 sites and records of the recipient when reasonably necessary. 

12 ‘‘§ 24404. Use of capital grants to finance first-dollar 

13 liability of grant project 

14 ‘‘Notwithstanding the requirements of section 24402 of 

15 this chapter, the Secretary of Transportation may approve 

16 the use of a capital assistance grant under this chapter to 

17 fund self-insured retention of risk for the first tier of liabil18 ity insurance coverage for rail passenger service associated 

19 with the grant, but the coverage may not exceed $20,000,000 

20 per occurrence or $20,000,000 in aggregate per year. 

21 ‘‘§ 24405. Grant conditions 

22 ‘‘(a) BUY AMERICA.—(1) The Secretary of Transpor23 tation may obligate an amount that may be appropriated 

24 to carry out this chapter for a project only if the steel, iron, 
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1 and manufactured goods used in the project are produced 

2 in the United States. 

3 ‘‘(2) The Secretary of Transportation may waive para4 graph (1) of this subsection if the Secretary finds that— 

5 ‘‘(A) applying paragraph (1) would be incon6 sistent with the public interest; 

7 ‘‘(B) the steel, iron, and goods produced in the 

8 United States are not produced in a sufficient and 

9 reasonably available amount or are not of a satisfac10 tory quality; 

11 ‘‘(C) rolling stock or power train equipment can12 not be bought and delivered in the United States 

13 within a reasonable time; or 

14 ‘‘(D) including domestic material will increase 

15 the cost of the overall project by more than 25 percent. 

16 ‘‘(3) For purposes of this subsection, in calculating the 

17 components’ costs, labor costs involved in final assembly 

18 shall not be included in the calculation. 

19 ‘‘(4) If the Secretary determines that it is necessary 

20 to waive the application of paragraph (1) based on a find21 ing under paragraph (2), the Secretary shall, before the date 

22 on which such finding takes effect— 

23 ‘‘(A) publish in the Federal Register a detailed 

24 written justification as to why the waiver is needed; 

25 and 
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1 ‘‘(B) provide notice of such finding and an op2 portunity for public comment on such finding for a 

3 reasonable period of time not to exceed 15 days. 

4 ‘‘(5) Not later than December 31, 2012, the Secretary 

5 shall submit to the Committee on Transportation and In6 frastructure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate a report on any waivers granted under paragraph 

9 (2). 

10 ‘‘(6) The Secretary of Transportation may not make 

11 a waiver under paragraph (2) of this subsection for goods 

12 produced in a foreign country if the Secretary, in consulta13 tion with the United States Trade Representative, decides 

14 that the government of that foreign country— 

15 ‘‘(A) has an agreement with the United States 

16 Government under which the Secretary has waived 

17 the requirement of this subsection; and 

18 ‘‘(B) has violated the agreement by discrimi19 nating against goods to which this subsection applies 

20 that are produced in the United States and to which 

21 the agreement applies. 

22 ‘‘(7) A person is ineligible to receive a contract or sub23 contract made with amounts authorized under this chapter 

24 if a court or department, agency, or instrumentality of the 

25 Government decides the person intentionally— 
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1 ‘‘(A) affixed a ‘Made in America’ label, or a 

2 label with an inscription having the same meaning, 

3 to goods sold in or shipped to the United States that 

4 are used in a project to which this subsection applies 

5 but not produced in the United States; or 

6 ‘‘(B) represented that goods described in sub7 paragraph (A) of this paragraph were produced in 

8 the United States. 

9 ‘‘(8) The Secretary may not impose any limitation on 

10 assistance provided under this chapter that restricts a State 

11 from imposing more stringent requirements than this sub12 section on the use of articles, materials, and supplies mined, 

13 produced, or manufactured in foreign countries in projects 

14 carried out with that assistance or restricts a recipient of 

15 that assistance from complying with those State-imposed 

16 requirements. 

17 ‘‘(9) The Secretary may allow a manufacturer or sup18 plier of steel, iron, or manufactured goods to correct after 

19 bid opening any certification of noncompliance or failure 

20 to properly complete the certification (but not including 

21 failure to sign the certification) under this subsection if 

22 such manufacturer or supplier attests under penalty of per23 jury that such manufacturer or supplier submitted an in24 correct certification as a result of an inadvertent or clerical 
240 

•HR 2095 EAH 

1 error. The burden of establishing inadvertent or clerical 

2 error is on the manufacturer or supplier. 

3 ‘‘(10) A party adversely affected by an agency action 

4 under this subsection shall have the right to seek review 

5 under section 702 of title 5. 

6 ‘‘(11) The requirements of this subsection shall only 

7 apply to projects for which the costs exceed $100,000. 

8 ‘‘(b) OPERATORS DEEMED RAIL CARRIERS AND EM9 PLOYERS FOR CERTAIN PURPOSES.—A person that con10 ducts rail operations over rail infrastructure constructed or 

11 improved with funding provided in whole or in part in a 

12 grant made under this chapter shall be considered a rail 

13 carrier as defined in section 10102(5) of this title for pur14 poses of this title and any other statute that adopts that 

15 definition or in which that definition applies, including— 

16 ‘‘(1) the Railroad Retirement Act of 1974 (45 

17 U.S.C. 231 et seq.); 

18 ‘‘(2) the Railway Labor Act (43 U.S.C. 151 et 

19 seq.); and 

20 ‘‘(3) the Railroad Unemployment Insurance Act 

21 (45 U.S.C. 351 et seq.). 

22 ‘‘(c) GRANT CONDITIONS.—The Secretary shall require 

23 as a condition of making any grant under this chapter for 

24 a project that uses rights-of-way owned by a railroad that— 
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1 ‘‘(1) a written agreement exist between the appli2 cant and the railroad regarding such use and owner3 ship, including— 

4 ‘‘(A) any compensation for such use; 

5 ‘‘(B) assurances regarding the adequacy of 

6 infrastructure capacity to accommodate both ex7 isting and future freight and passenger oper8 ations; 

9 ‘‘(C) an assurance by the railroad that col10 lective bargaining agreements with the railroad’s 

11 employees (including terms regulating the con12 tracting of work) will remain in full force and 

13 effect according to their terms for work per14 formed by the railroad on the railroad transpor15 tation corridor; and 

16 ‘‘(D) an assurance that an applicant com17 plies with liability requirements consistent with 

18 section 28103 of this title; and 

19 ‘‘(2) the applicant agrees to comply with— 

20 ‘‘(A) the standards of section 24312 of this 

21 title, as such section was in effect on September 

22 1, 2003, with respect to the project in the same 

23 manner that Amtrak is required to comply with 

24 those standards for construction work financed 
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1 under an agreement made under section 

2 24308(a) of this title; and 

3 ‘‘(B) the protective arrangements established 

4 under section 504 of the Railroad Revitalization 

5 and Regulatory Reform Act of 1976 (45 U.S.C. 

6 836) with respect to employees affected by ac7 tions taken in connection with the project to be 

8 financed in whole or in part by grants under 

9 this chapter. 

10 ‘‘(d) REPLACEMENT OF EXISTING INTERCITY PAS11 SENGER RAIL SERVICE.— 

12 ‘‘(1) COLLECTIVE BARGAINING AGREEMENT FOR

13 INTERCITY PASSENGER RAIL PROJECTS.—Any entity 

14 providing intercity passenger railroad transportation 

15 that begins operations after the date of enactment of 

16 this Act on a project funded in whole or in part by 

17 grants made under this chapter and replaces intercity 

18 rail passenger service that was provided by Amtrak, 

19 unless such service was provided solely by Amtrak to 

20 another entity, as of such date shall enter into an 

21 agreement with the authorized bargaining agent or 

22 agents for adversely affected employees of the prede23 cessor provider that— 

24 ‘‘(A) gives each such qualified employee of 

25 the predecessor provider priority in hiring ac-
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1 cording to the employee’s seniority on the prede2 cessor provider for each position with the replac3 ing entity that is in the employee’s craft or class 

4 and is available within 3 years after the termi5 nation of the service being replaced; 

6 ‘‘(B) establishes a procedure for notifying 

7 such an employee of such positions; 

8 ‘‘(C) establishes a procedure for such an em9 ployee to apply for such positions; and 

10 ‘‘(D) establishes rates of pay, rules, and 

11 working conditions. 

12 ‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— 

13 ‘‘(A) NEGOTIATIONS.—If the replacement of 

14 preexisting intercity rail passenger service occurs 

15 concurrent with or within a reasonable time be16 fore the commencement of the replacing entity’s 

17 rail passenger service, the replacing entity shall 

18 give written notice of its plan to replace existing 

19 rail passenger service to the authorized collective 

20 bargaining agent or agents for the potentially 

21 adversely affected employees of the predecessor 

22 provider at least 90 days before the date on 

23 which it plans to commence service. Within 5 

24 days after the date of receipt of such written no25 tice, negotiations between the replacing entity 
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1 and the collective bargaining agent or agents for 

2 the employees of the predecessor provider shall 

3 commence for the purpose of reaching agreement 

4 with respect to all matters set forth in subpara5 graphs (A) through (D) of paragraph (1). The 

6 negotiations shall continue for 30 days or until 

7 an agreement is reached, whichever is sooner. If 

8 at the end of 30 days the parties have not en9 tered into an agreement with respect to all such 

10 matters, the unresolved issues shall be submitted 

11 for arbitration in accordance with the procedure 

12 set forth in subparagraph (B). 

13 ‘‘(B) ARBITRATION.—If an agreement has 

14 not been entered into with respect to all matters 

15 set forth in subparagraphs (A) through (D) of 

16 paragraph (1) as described in subparagraph (A) 

17 of this paragraph, the parties shall select an ar18 bitrator. If the parties are unable to agree upon 

19 the selection of such arbitrator within 5 days, ei20 ther or both parties shall notify the National Me21 diation Board, which shall provide a list of seven 

22 arbitrators with experience in arbitrating rail 

23 labor protection disputes. Within 5 days after 

24 such notification, the parties shall alternately 

25 strike names from the list until only 1 name re-
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1 mains, and that person shall serve as the neutral 

2 arbitrator. Within 45 days after selection of the 

3 arbitrator, the arbitrator shall conduct a hearing 

4 on the dispute and shall render a decision with 

5 respect to the unresolved issues among the mat6 ters set forth in subparagraphs (A) through (D) 

7 of paragraph (1). The arbitrator shall be guided 

8 by prevailing national standard rates of pay, 

9 benefits, and working conditions for comparable 

10 work. This decision shall be final, binding, and 

11 conclusive upon the parties. The salary and ex12 penses of the arbitrator shall be borne equally by 

13 the parties; all other expenses shall be paid by 

14 the party incurring them. 

15 ‘‘(3) SERVICE COMMENCEMENT.—A replacing en16 tity under this subsection shall commence service only 

17 after an agreement is entered into with respect to the 

18 matters set forth in subparagraphs (A) through (D) of 

19 paragraph (1) or the decision of the arbitrator has 

20 been rendered. 

21 ‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.— 

22 If the replacement of existing rail passenger service 

23 takes place within 3 years after the replacing entity 

24 commences intercity passenger rail service, the replac25 ing entity and the collective bargaining agent or 
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1 agents for the adversely affected employees of the pred2 ecessor provider shall enter into an agreement with 

3 respect to the matters set forth in subparagraphs (A) 

4 through (D) of paragraph (1). If the parties have not 

5 entered into an agreement with respect to all such 

6 matters within 60 days after the date on which the 

7 replacing entity replaces the predecessor provider, the 

8 parties shall select an arbitrator using the procedures 

9 set forth in paragraph (2)(B), who shall, within 20 

10 days after the commencement of the arbitration, con11 duct a hearing and decide all unresolved issues. This 

12 decision shall be final, binding, and conclusive upon 

13 the parties. 

14 ‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OPER15 ATIONS.—Nothing in this section applies to— 

16 ‘‘(1) commuter rail passenger transportation (as 

17 defined in section 24102(4) of this title) operations of 

18 a State or local government authority (as those terms 

19 are defined in section 5302(11) and (6), respectively, 

20 of this title) eligible to receive financial assistance 

21 under section 5307 of this title, or to its contractor 

22 performing services in connection with commuter rail 

23 passenger operations (as so defined); 

24 ‘‘(2) the Alaska Railroad or its contractors; or 
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•HR 2095 EAH 

1 ‘‘(3) Amtrak’s access rights to railroad rights of 

2 way and facilities under current law. 

3 ‘‘(f) LIMITATION.—No grants shall be provided under 

4 this chapter for commuter rail passenger transportation, as 

5 defined in section 24102(4) of this title. 

6 ‘‘§ 24406. Authorization of appropriations 

7 ‘‘There are authorized to be appropriated to the Sec8 retary of Transportation for capital grants under this chap9 ter the following amounts: 

10 ‘‘(1) For fiscal year 2009, $100,000,000. 

11 ‘‘(2) For fiscal year 2010, $300,000,000. 

12 ‘‘(3) For fiscal year 2011, $400,000,000. 

13 ‘‘(4) For fiscal year 2012, $500,000,000. 

14 ‘‘(5) For fiscal year 2013, $600,000,000.’’. 

15 (b) CONFORMING AMENDMENT.—The chapter analysis 

16 for subtitle V is amended by inserting the following after 

17 the item relating to chapter 243: 

‘‘244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE ......................................................... 24401’’. 

18 (c) ASSISTANCE.—In implementing section 24405(a) 

19 of title 49, United States Code, the Federal Highway Ad20 ministration shall, upon request by the Federal Railroad 

21 Administration, assist the Federal Railroad Administra22 tion in developing a process for posting on its website or 

23 distributing via email notices of waiver requests received 

24 pursuant to such subsection and soliciting public comments 
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1 on the intent to issue a waiver. The Federal Railroad Ad2 ministration’s development of such a process does not relieve 

3 the Federal Railroad Administration of the requirements 

4 under paragraph (4) of such subsection. 

5 SEC. 302. CONGESTION GRANTS. 

6 (a) AMENDMENT.—Chapter 241 of title 49, United 

7 States Code, is amended by adding at the end the following 

8 new section: 

9 ‘‘§ 24105. Congestion grants 

10 ‘‘(a) AUTHORITY.—The Secretary of Transportation 

11 may make grants to States, or to Amtrak in cooperation 

12 with States, for financing the capital costs of facilities, in13 frastructure, and equipment for high priority rail corridor 

14 projects necessary to reduce congestion or facilitate rider15 ship growth in intercity rail passenger transportation. 

16 ‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for grants 

17 under this section include projects— 

18 ‘‘(1) identified by Amtrak as necessary to reduce 

19 congestion or facilitate ridership growth in intercity 

20 rail passenger transportation along heavily traveled 

21 rail corridors; 

22 ‘‘(2) identified by the Surface Transportation 

23 Board as necessary to improve the on time perform24 ance and reliability of intercity rail passenger trans25 portation under section 24308(f); and 
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1 ‘‘(3) designated by the Secretary as being suffi2 ciently advanced in development to be capable of serv3 ing the purposes described in subsection (a) on an ex4 pedited schedule. 

5 ‘‘(c) FEDERAL SHARE.—The Federal share of the cost 

6 of a project financed under this section shall not exceed 80 

7 percent. 

8 ‘‘(d) GRANT CONDITIONS.—The Secretary of Transpor9 tation shall require each recipient of a grant under this 

10 section to comply with the grant requirements of section 

11 24405 of this title. 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated, from amounts made avail14 able under section 301 of the Passenger Rail Investment 

15 and Improvement Act of 2008, to the Secretary to carry 

16 out this section— 

17 ‘‘(1) $50,000,000 for fiscal year 2010; 

18 ‘‘(2) $75,000,000 for fiscal year 2011; 

19 ‘‘(3) $100,000,000 for fiscal year 2012; and 

20 ‘‘(4) $100,000,000 for fiscal year 2013.’’. 

21 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

22 sections for such chapter 241 is amended by adding at the 

23 end the following new item: 

‘‘24105. Congestion grants.’’. 
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1 SEC. 303. STATE RAIL PLANS. 

2 (a) IN GENERAL.—Part B of subtitle V is amended 

3 by adding at the end the following: 

4 ‘‘CHAPTER 227—STATE RAIL PLANS 

‘‘Sec. 

‘‘22701. Definitions. 

‘‘22702. Authority. 

‘‘22703. Purposes. 

‘‘22704. Transparency; coordination; review. 

‘‘22705. Content. 

‘‘22706. Review. 

5 ‘‘§ 22701. Definitions 

6 ‘‘In this subchapter: 

7 ‘‘(1) PRIVATE BENEFIT.— 

8 ‘‘(A) IN GENERAL.—The term ‘private ben9 efit’— 

10 ‘‘(i) means a benefit accrued to a per11 son or private entity, other than Amtrak, 

12 that directly improves the economic and 

13 competitive condition of that person or enti14 ty through improved assets, cost reductions, 

15 service improvements, or any other means 

16 as defined by the Secretary; and 

17 ‘‘(ii) shall be determined on a project18 by-project basis, based upon an agreement 

19 between the parties. 

20 ‘‘(B) CONSULTATION.—The Secretary may 

21 seek the advice of the States and rail carriers in 

22 further defining this term. 
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1 ‘‘(2) PUBLIC BENEFIT.— 

2 ‘‘(A) IN GENERAL.—The term ‘public ben3 efit’— 

4 ‘‘(i) means a benefit accrued to the 

5 public, including Amtrak, in the form of en6 hanced mobility of people or goods, environ7 mental protection or enhancement, conges8 tion mitigation, enhanced trade and eco9 nomic development, improved air quality or 

10 land use, more efficient energy use, en11 hanced public safety or security, reduction 

12 of public expenditures due to improved 

13 transportation efficiency or infrastructure 

14 preservation, and any other positive com15 munity effects as defined by the Secretary; 

16 and 

17 ‘‘(ii) shall be determined on a project18 by-project basis, based upon an agreement 

19 between the parties. 

20 ‘‘(B) CONSULTATION.—The Secretary may 

21 seek the advice of the States and rail carriers in 

22 further defining this term. 

23 ‘‘(3) STATE.—The term ‘State’ means any of the 

24 50 States and the District of Columbia. 
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1 ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR2 ITY.—The term ‘State rail transportation authority’ 

3 means the State agency or official responsible under 

4 the direction of the Governor of the State or a State 

5 law for preparation, maintenance, coordination, and 

6 administration of the State rail plan. 

7 ‘‘§ 22702. Authority 

8 ‘‘(a) IN GENERAL.—Each State may prepare and 

9 maintain a State rail plan in accordance with the provi10 sions of this chapter. 

11 ‘‘(b) REQUIREMENTS.—The Secretary shall establish 

12 the minimum requirements for the preparation and peri13 odic revision of a State rail plan, including that a State 

14 shall— 

15 ‘‘(1) establish or designate a State rail transpor16 tation authority to prepare, maintain, coordinate, 

17 and administer the plan; 

18 ‘‘(2) establish or designate a State rail plan ap19 proval authority to approve the plan; 

20 ‘‘(3) submit the State’s approved plan to the Sec21 retary of Transportation for review; and 

22 ‘‘(4) revise and resubmit a State-approved plan 

23 no less frequently than once every 5 years for re24 approval by the Secretary. 
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1 ‘‘§ 22703. Purposes 

2 ‘‘(a) PURPOSES.—The purposes of a State rail plan 

3 are as follows: 

4 ‘‘(1) To set forth State policy involving freight 

5 and passenger rail transportation, including com6 muter rail operations, in the State. 

7 ‘‘(2) To establish the period covered by the State 

8 rail plan. 

9 ‘‘(3) To present priorities and strategies to en10 hance rail service in the State that benefits the public. 

11 ‘‘(4) To serve as the basis for Federal and State 

12 rail investments within the State. 

13 ‘‘(b) COORDINATION.—A State rail plan shall be co14 ordinated with other State transportation planning goals 

15 and programs, including the plan required under section 

16 135 of title 23, and set forth rail transportation’s role with17 in the State transportation system. 

18 ‘‘§ 22704. Transparency; coordination; review 

19 ‘‘(a) PREPARATION.—A State shall provide adequate 

20 and reasonable notice and opportunity for comment and 

21 other input to the public, rail carriers, commuter and tran22 sit authorities operating in, or affected by rail operations 

23 within the State, units of local government, and other inter24 ested parties in the preparation and review of its State rail 

25 plan. 
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1 ‘‘(b) INTERGOVERNMENTAL COORDINATION.—A State 

2 shall review the freight and passenger rail service activities 

3 and initiatives by regional planning agencies, regional 

4 transportation authorities, and municipalities within the 

5 State, or in the region in which the State is located, while 

6 preparing the plan, and shall include any recommendations 

7 made by such agencies, authorities, and municipalities as 

8 deemed appropriate by the State. 

9 ‘‘§ 22705. Content 

10 ‘‘(a) IN GENERAL.—Each State rail plan shall, at a 

11 minimum, contain the following: 

12 ‘‘(1) An inventory of the existing overall rail 

13 transportation system and rail services and facilities 

14 within the State and an analysis of the role of rail 

15 transportation within the State’s surface transpor16 tation system. 

17 ‘‘(2) A review of all rail lines within the State, 

18 including proposed high-speed rail corridors and sig19 nificant rail line segments not currently in service. 

20 ‘‘(3) A statement of the State’s passenger rail 

21 service objectives, including minimum service levels, 

22 for rail transportation routes in the State. 

23 ‘‘(4) A general analysis of rail’s transportation, 

24 economic, and environmental impacts in the State, 

25 including congestion mitigation, trade and economic 
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1 development, air quality, land-use, energy-use, and 

2 community impacts. 

3 ‘‘(5) A long-range rail investment program for 

4 current and future freight and passenger infrastruc5 ture in the State that meets the requirements of sub6 section (b). 

7 ‘‘(6) A statement of public financing issues for 

8 rail projects and service in the State, including a list 

9 of current and prospective public capital and oper10 ating funding resources, public subsidies, State tax11 ation, and other financial policies relating to rail in12 frastructure development. 

13 ‘‘(7) An identification of rail infrastructure 

14 issues within the State that reflects consultation with 

15 all relevant stakeholders. 

16 ‘‘(8) A review of major passenger and freight 

17 intermodal rail connections and facilities within the 

18 State, including seaports, and prioritized options to 

19 maximize service integration and efficiency between 

20 rail and other modes of transportation within the 

21 State. 

22 ‘‘(9) A review of publicly funded projects within 

23 the State to improve rail transportation safety and 

24 security, including all major projects funded under 

25 section 130 of title 23. 
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1 ‘‘(10) A performance evaluation of passenger rail 

2 services operating in the State, including possible im3 provements in those services, and a description of 

4 strategies to achieve those improvements. 

5 ‘‘(11) A compilation of studies and reports on 

6 high-speed rail corridor development within the State 

7 not included in a previous plan under this sub8 chapter, and a plan for funding any recommended de9 velopment of such corridors in the State. 

10 ‘‘(12) A statement that the State is in compli11 ance with the requirements of section 22102. 

12 ‘‘(b) LONG-RANGE SERVICE AND INVESTMENT PRO13 GRAM.— 

14 ‘‘(1) PROGRAM CONTENT.—A long-range rail in15 vestment program included in a State rail plan 

16 under subsection (a)(5) shall, at a minimum, include 

17 the following matters: 

18 ‘‘(A) A list of any rail capital projects ex19 pected to be undertaken or supported in whole or 

20 in part by the State. 

21 ‘‘(B) A detailed funding plan for those 

22 projects. 

23 ‘‘(2) PROJECT LIST CONTENT.—The list of rail 

24 capital projects shall contain— 
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1 ‘‘(A) a description of the anticipated public 

2 and private benefits of each such project; and 

3 ‘‘(B) a statement of the correlation be4 tween— 

5 ‘‘(i) public funding contributions for 

6 the projects; and 

7 ‘‘(ii) the public benefits. 

8 ‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In 

9 preparing the list of freight and intercity passenger 

10 rail capital projects, a State rail transportation au11 thority should take into consideration the following 

12 matters: 

13 ‘‘(A) Contributions made by non-Federal 

14 and non-State sources through user fees, match15 ing funds, or other private capital involvement. 

16 ‘‘(B) Rail capacity and congestion effects. 

17 ‘‘(C) Effects on highway, aviation, and 

18 maritime capacity, congestion, or safety. 

19 ‘‘(D) Regional balance. 

20 ‘‘(E) Environmental impact. 

21 ‘‘(F) Economic and employment impacts. 

22 ‘‘(G) Projected ridership and other service 

23 measures for passenger rail projects. 
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1 ‘‘§ 22706. Review 

2 ‘‘The Secretary shall prescribe procedures for States to 

3 submit State rail plans for review under this title, includ4 ing standardized format and data requirements. State rail 

5 plans completed before the date of enactment of the Pas6 senger Rail Investment and Improvement Act of 2008 that 

7 substantially meet the requirements of this chapter, as de8 termined by the Secretary, shall be deemed by the Secretary 

9 to have met the requirements of this chapter.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter analysis 

11 for subtitle V is amended by inserting the following after 

12 the item relating to chapter 223: 

‘‘227. State rail plans ..........................................................................22701’’. 

13 SEC. 304. TUNNEL PROJECT. 

14 (a) NEW TUNNEL ALIGNMENT AND ENVIRONMENTAL

15 REVIEW.—Not later than September 30, 2013, the Federal 

16 Railroad Administration, working with Amtrak, the Sur17 face Transportation Board, the City of Baltimore, the State 

18 of Maryland, and rail operators described in subsection (b), 

19 as appropriate, shall— 

20 (1) select and approve, as applicable, a new rail 

21 tunnel alignment in Baltimore that will permit an 

22 increase in train speed and service reliability; and 

23 (2) ensure completion of the related environ24 mental review process. 
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1 (b) AFFECTED RAIL OPERATORS.—Rail operators 

2 other than Amtrak may participate in activities described 

3 in subsection (a) to the extent that they can demonstrate 

4 the intention and ability to contribute to the construction 

5 of the new tunnel. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated to the Secretary for carrying 

8 out this section $60,000,000 for the period encompassing 

9 fiscal years 2009 through 2013. 

10 SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT 

11 POOL. 

12 (a) IN GENERAL.—Within 180 days after the date of 

13 enactment of this Act, Amtrak shall establish a Next Gen14 eration Corridor Equipment Pool Committee, comprised of 

15 representatives of Amtrak, the Federal Railroad Adminis16 tration, host freight railroad companies, passenger railroad 

17 equipment manufacturers, interested States, and, as appro18 priate, other passenger railroad operators. The purpose of 

19 the Committee shall be to design, develop specifications for, 

20 and procure standardized next-generation corridor equip21 ment. 

22 (b) FUNCTIONS.—The Committee may— 

23 (1) determine the number of different types of 

24 equipment required, taking into account variations in 

25 operational needs and corridor infrastructure; 
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1 (2) establish a pool of equipment to be used on 

2 corridor routes funded by participating States; and 

3 (3) subject to agreements between Amtrak and 

4 States, utilize services provided by Amtrak to design, 

5 maintain and remanufacture equipment. 

6 (c) COOPERATIVE AGREEMENTS.—Amtrak and States 

7 participating in the Committee may enter into agreements 

8 for the funding, procurement, remanufacture, ownership, 

9 and management of corridor equipment, including equip10 ment currently owned or leased by Amtrak and next-genera11 tion corridor equipment acquired as a result of the Commit12 tee’s actions, and may establish a corporation, which may 

13 be owned or jointly-owned by Amtrak, participating States, 

14 or other entities, to perform these functions. 

15 (d) FUNDING.—In addition to the authorizations pro16 vided in this section, capital projects to carry out the pur17 poses of this section shall be eligible for grants made pursu18 ant to chapter 244 of title 49, United States Code. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to the Secretary $5,000,000 

21 for fiscal year 2010, to remain available until expended, 

22 for grants to Amtrak and States participating in the Next 

23 Generation Corridor Train Equipment Pool Committee es24 tablished under this section for the purpose of designing, 

25 developing specifications for, and initiating the procure-
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1 ment of an initial order of 1 or more types of standardized 

2 next-generation corridor train equipment and establishing 

3 a jointly-owned corporation to manage that equipment. 

4 SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM. 

5 (a) ESTABLISHMENT AND CONTENT.—Chapter 249 is 

6 amended by adding at the end the following: 

7 ‘‘§ 24910. Rail cooperative research program 

8 ‘‘(a) IN GENERAL.—The Secretary shall establish and 

9 carry out a rail cooperative research program. The program 

10 shall— 

11 ‘‘(1) address, among other matters, intercity rail 

12 passenger and freight rail services, including existing 

13 rail passenger and freight technologies and speeds, in14 crementally enhanced rail systems and infrastructure, 

15 and new high-speed wheel-on-rail systems; 

16 ‘‘(2) address ways to expand the transportation 

17 of international trade traffic by rail, enhance the effi18 ciency of intermodal interchange at ports and other 

19 intermodal terminals, and increase capacity and 

20 availability of rail service for seasonal freight needs; 

21 ‘‘(3) consider research on the interconnectedness 

22 of commuter rail, passenger rail, freight rail, and 

23 other rail networks; and 

24 ‘‘(4) give consideration to regional concerns re25 garding rail passenger and freight transportation, in-
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1 cluding meeting research needs common to designated 

2 high-speed corridors, long-distance rail services, and 

3 regional intercity rail corridors, projects, and entities. 

4 ‘‘(b) CONTENT.—The program to be carried out under 

5 this section shall include research designed— 

6 ‘‘(1) to identify the unique aspects and attributes 

7 of rail passenger and freight service; 

8 ‘‘(2) to develop more accurate models for evalu9 ating the impact of rail passenger and freight service, 

10 including the effects on highway and airport and air11 way congestion, environmental quality, and energy 

12 consumption; 

13 ‘‘(3) to develop a better understanding of modal 

14 choice as it affects rail passenger and freight trans15 portation, including development of better models to 

16 predict utilization; 

17 ‘‘(4) to recommend priorities for technology dem18 onstration and development; 

19 ‘‘(5) to meet additional priorities as determined 

20 by the advisory board established under subsection 

21 (c), including any recommendations made by the Na22 tional Research Council; 

23 ‘‘(6) to explore improvements in management, fi24 nancing, and institutional structures; 
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1 ‘‘(7) to address rail capacity constraints that af2 fect passenger and freight rail service through a wide 

3 variety of options, ranging from operating improve4 ments to dedicated new infrastructure, taking into ac5 count the impact of such options on operations; 

6 ‘‘(8) to improve maintenance, operations, cus7 tomer service, or other aspects of intercity rail pas8 senger and freight service; 

9 ‘‘(9) to recommend objective methodologies for de10 termining intercity passenger rail routes and services, 

11 including the establishment of new routes, the elimi12 nation of existing routes, and the contraction or ex13 pansion of services or frequencies over such routes; 

14 ‘‘(10) to review the impact of equipment and 

15 operational safety standards on the further develop16 ment of high-speed passenger rail operations con17 nected to or integrated with non-high-speed freight or 

18 passenger rail operations; 

19 ‘‘(11) to recommend any legislative or regulatory 

20 changes necessary to foster further development and 

21 implementation of high-speed passenger rail oper22 ations while ensuring the safety of such operations 

23 that are connected to or integrated with non-high24 speed freight or passenger rail operations; 
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1 ‘‘(12) to review rail crossing safety improve2 ments, including improvements using new safety tech3 nology; and 

4 ‘‘(13) to review and develop technology designed 

5 to reduce train horn noise and its effect on commu6 nities, including broadband horn technology. 

7 ‘‘(c) ADVISORY BOARD.— 

8 ‘‘(1) ESTABLISHMENT.—In consultation with the 

9 heads of appropriate Federal departments and agen10 cies, the Secretary shall establish an advisory board 

11 to recommend research, technology, and technology 

12 transfer activities related to rail passenger and freight 

13 transportation. 

14 ‘‘(2) MEMBERSHIP.—The advisory board shall 

15 include— 

16 ‘‘(A) representatives of State transportation 

17 agencies; 

18 ‘‘(B) transportation and environmental 

19 economists, scientists, and engineers; and 

20 ‘‘(C) representatives of Amtrak, the Alaska 

21 Railroad, freight railroads, transit operating 

22 agencies, intercity rail passenger agencies, rail23 way labor organizations, and environmental or24 ganizations. 
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1 ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec2 retary may make grants to, and enter into cooperative 

3 agreements with, the National Academy of Sciences to carry 

4 out such activities relating to the research, technology, and 

5 technology transfer activities described in subsection (b) as 

6 the Secretary deems appropriate. 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to the Secretary of Transpor9 tation $5,000,000 for each of fiscal years 2010 through 2013 

10 for carrying out this section.’’. 

11 (b) CLERICAL AMENDMENT.—The chapter analysis for 

12 chapter 249 is amended by adding at the end the following: 

‘‘24910. Rail cooperative research program.’’. 

13 SEC. 307. FEDERAL RAIL POLICY. 

14 Section 103 is amended— 

15 (1) by inserting ‘‘IN GENERAL.—’’ before ‘‘The 

16 Federal’’ in subsection (a); 

17 (2) by striking the second and third sentences of 

18 subsection (a); 

19 (3) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) SAFETY.—To carry out all railroad safety laws 

22 of the United States, the Administration is divided on a 

23 geographical basis into at least 8 safety offices. The Sec24 retary of Transportation is responsible for all acts taken 

25 under those laws and for ensuring that the laws are uni-
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1 formly administered and enforced among the safety of2 fices.’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(j) ADDITIONAL DUTIES OF THE ADMINISTRATOR.— 

5 The Administrator shall— 

6 ‘‘(1) provide assistance to States in developing 

7 State rail plans prepared under chapter 227 and re8 view all State rail plans submitted under that sec9 tion; 

10 ‘‘(2) develop a long-range national rail plan that 

11 is consistent with approved State rail plans and the 

12 rail needs of the Nation, as determined by the Sec13 retary in order to promote an integrated, cohesive, ef14 ficient, and optimized national rail system for the 

15 movement of goods and people; 

16 ‘‘(3) develop a preliminary national rail plan 

17 within a year after the date of enactment of the Pas18 senger Rail Investment and Improvement Act of 2008; 

19 ‘‘(4) develop and enhance partnerships with the 

20 freight and passenger railroad industry, States, and 

21 the public concerning rail development; 

22 ‘‘(5) support rail intermodal development and 

23 high-speed rail development, including high speed rail 

24 planning; 
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1 ‘‘(6) ensure that programs and initiatives devel2 oped under this section benefit the public and work 

3 toward achieving regional and national transpor4 tation goals; and 

5 ‘‘(7) facilitate and coordinate efforts to assist 

6 freight and passenger rail carriers, transit agencies 

7 and authorities, municipalities, and States in pas8 senger-freight service integration on shared rights of 

9 way by providing neutral assistance at the joint re10 quest of affected rail service providers and infrastruc11 ture owners relating to operations and capacity anal12 ysis, capital requirements, operating costs, and other 

13 research and planning related to corridors shared by 

14 passenger or commuter rail service and freight rail 

15 operations. 

16 ‘‘(k) PERFORMANCE GOALS AND REPORTS.— 

17 ‘‘(1) PERFORMANCE GOALS.—In conjunction 

18 with the objectives established and activities under19 taken under subsection (j) of this section, the Admin20 istrator shall develop a schedule for achieving specific, 

21 measurable performance goals. 

22 ‘‘(2) RESOURCE NEEDS.—The strategy and an23 nual plans shall include estimates of the funds and 

24 staff resources needed to accomplish each goal and the 

25 additional duties required under subsection (j). 
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1 ‘‘(3) SUBMISSION WITH PRESIDENT’S BUDGET.— 

2 Beginning with fiscal year 2010 and each fiscal year 

3 thereafter, the Secretary shall submit to the Com4 mittee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate, at 

7 the same time as the President’s budget submission, 

8 the Administration’s performance goals and schedule 

9 developed under paragraph (1), including an assess10 ment of the progress of the Administration toward 

11 achieving its performance goals.’’. 

12 TITLE IV—MISCELLANEOUS 

13 PROVISIONS 

14 SEC. 401. COMMUTER RAIL MEDIATION. 

15 (a) AMENDMENT.—Part E of subtitle V is amended by 

16 adding at the end the following: 

17 ‘‘CHAPTER 285—COMMUTER RAIL 

18 MEDIATION 

‘‘Sec. 

‘‘28501. Definitions 

‘‘28502. Surface Transportation Board mediation of trackage use requests. 

‘‘28503. Surface Transportation Board mediation of rights-of-way use requests. 

‘‘28504. Applicability of other laws. 

‘‘28505. Rules and regulations. 

19 ‘‘§ 28501. Definitions 

20 ‘‘In this chapter— 

21 ‘‘(1) the term ‘Board’ means the Surface Trans22 portation Board; 
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1 ‘‘(2) the term ‘capital work’ means maintenance, 

2 restoration, reconstruction, capacity enhancement, or 

3 rehabilitation work on trackage that would be treated, 

4 in accordance with generally accepted accounting 

5 principles, as a capital item rather than an expense; 

6 ‘‘(3) the term ‘commuter rail passenger transpor7 tation’ has the meaning given that term in section 

8 24102; 

9 ‘‘(4) the term ‘public transportation authority’ 

10 means a local governmental authority (as defined in 

11 section 5302(a)(6)) established to provide, or make a 

12 contract providing for, commuter rail passenger 

13 transportation; 

14 ‘‘(5) the term ‘rail carrier’ means a person, other 

15 than a governmental authority, providing common 

16 carrier railroad transportation for compensation sub17 ject to the jurisdiction of the Board under chapter 

18 105; 

19 ‘‘(6) the term ‘segregated fixed guideway facility’ 

20 means a fixed guideway facility constructed within 

21 the railroad right-of-way of a rail carrier but phys22 ically separate from trackage, including relocated 

23 trackage, within the right-of-way used by a rail car24 rier for freight transportation purposes; and 
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1 ‘‘(7) the term ‘trackage’ means a railroad line of 

2 a rail carrier, including a spur, industrial, team, 

3 switching, side, yard, or station track, and a facility 

4 of a rail carrier. 

5 ‘‘§ 28502. Surface Transportation Board mediation of 

6 trackage use requests 

7 ‘‘If, after a reasonable period of negotiation, a public 

8 transportation authority cannot reach agreement with a 

9 rail carrier to use trackage of, and have related services pro10 vided by, the rail carrier for purposes of commuter rail pas11 senger transportation, the public transportation authority 

12 or the rail carrier may apply to the Board for nonbinding 

13 mediation. The Board shall conduct the nonbinding medi14 ation in accordance with the mediation process of section 

15 1109.4 of title 49, Code of Federal Regulations, as in effect 

16 on the date of enactment of this section. 

17 ‘‘§ 28503. Surface Transportation Board mediation of 

18 rights-of-way use requests 

19 ‘‘If, after a reasonable period of negotiation, a public 

20 transportation authority cannot reach agreement with a 

21 rail carrier to acquire an interest in a railroad right-of22 way for the construction and operation of a segregated fixed 

23 guideway facility to provide commuter rail passenger 

24 transportation, the public transportation authority or the 

25 rail carrier may apply to the Board for nonbinding medi-
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1 ation. The Board shall conduct the nonbinding mediation 

2 in accordance with the mediation process of section 1109.4 

3 of title 49, Code of Federal Regulations, as in effect on the 

4 date of enactment of this section. 

5 ‘‘§ 28504. Applicability of other laws 

6 ‘‘Nothing in this chapter shall be construed to limit 

7 a rail transportation provider’s right under section 

8 28103(b) to enter into contracts that allocate financial re9 sponsibility for claims. 

10 ‘‘§ 28505. Rules and regulations 

11 ‘‘Within 1 year after the date of enactment of this sec12 tion, the Board shall issue such rules and regulations as 

13 may be necessary to carry out this chapter.’’. 

14 (b) CLERICAL AMENDMENT.—The table of chapters of 

15 such subtitle is amended by adding after the item relating 

16 to chapter 283 the following: 

‘‘285. COMMUTER RAIL MEDIATION ...................................................... 28501’’. 

17 SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AM18 TRAK. 

19 Amtrak, commuter rail entities, regional and State 

20 public transportation authorities, and freight railroad car21 riers are encouraged to engage in good faith discussions 

22 with respect to the routing and timing of trains to effi23 ciently move a maximum number of commuter, intercity, 

24 and regional rail passengers, particularly during the peak 

25 times of commuter usage. 
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1 SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER 

2 RAIL EXPANSION. 

3 (a) FINDINGS.—The Congress find the following: 

4 (1) In 2006, Americans took 10.1 billion trips on 

5 public transportation for the first time since 1949. 

6 (2) The Northeast region is one of the Nation’s 

7 largest emerging transportation ‘‘megaregions’’ where 

8 infrastructure expansion and improvements are most 

9 needed. 

10 (3) New England’s road traffic has increased two 

11 to three times faster than its population since 1990. 

12 (4) Connecticut has one of the Nation’s longest 

13 average commute times according to the United States 

14 Census Bureau, and 80 percent of Connecticut com15 muters drive by themselves to work, demonstrating the 

16 need for expanded commuter rail access. 

17 (5) The Connecticut Department of Transpor18 tation has pledged to modernize, repair, and strength19 en the rail line infrastructure to provide for increased 

20 safety and security along a crucial transportation 

21 corridor in the Northeast. 

22 (6) Expanded New Haven-Springfield rail serv23 ice would improve access to Bradley International 

24 Airport, one the region’s busiest airports, as well as 

25 to Hartford, Connecticut, and Springfield, Massachu-
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1 setts, two of the region’s commercial, residential, and 

2 industrial centers. 

3 (7) Expanded commuter rail service on the New 

4 Haven-Springfield line could result in an estimated 

5 630,000 additional trips per year and 2,215,384 pas6 senger miles per year, helping to curb pollution and 

7 greenhouse gas emissions from road vehicle traffic. 

8 (8) The MetroNorth New Haven Line and Shore 

9 Line East railways saw respective 3.43 percent and 

10 4.93 percent increases in ridership over the course of 

11 2007, demonstrating the need for expanded commuter 

12 rail service in Connecticut. 

13 (9) Expanded New Haven-Springfield commuter 

14 rail service could provide transportation nearly 17 

15 times more efficient in terms of average mileage 

16 versus road vehicles, alleviating road congestion and 

17 providing a significant savings to consumers during 

18 a time of high gas prices. 

19 (b) SENSE OF CONGRESS.—It is the sense of the Con20 gress that expanded commuter rail service on the rail line 

21 between New Haven, Connecticut, and Springfield, Massa22 chusetts, is an important transportation priority, and Am23 trak should work cooperatively with the States of Con24 necticut and Massachusetts to enable expanded commuter 

25 rail service on such line. 
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1 (c) INFRASTRUCTURE MAINTENANCE REPORT.—Am2 trak shall submit a report to the Committee on Transpor3 tation and Infrastructure of the House of Representatives 

4 and the Committee on Commerce, Science, and Transpor5 tation of the Senate, and to the State Departments of 

6 Transportation of Connecticut and Massachusetts, on the 

7 total cost of uncompleted infrastructure maintenance on the 

8 rail line between New Haven, Connecticut, and Springfield, 

9 Massachusetts. 

10 SEC. 404. LOCOMOTIVE BIOFUEL STUDY. 

11 (a) IN GENERAL.—The Secretary, in consultation with 

12 the Secretary of Energy and the Administrator of the Envi13 ronmental Protection Agency, shall conduct a study to de14 termine the extent to which freight railroads, Amtrak, and 

15 other passenger rail operators could use biofuel blends to 

16 power locomotives and other vehicles that can operate on 

17 diesel fuel, as appropriate. 

18 (b) DEFINITION.—In this section, the term ‘‘biofuel’’ 

19 has the meaning given such term by section 9001 of the 

20 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 

21 8101). 

22 (c) FACTORS.—In conducting the study, the Secretary 

23 shall consider— 

24 (1) the energy intensity of various biofuel blends 

25 compared to diesel fuel; 
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1 (2) environmental and energy effects of using 

2 various biofuel blends compared to diesel fuel, includ3 ing emission effects; 

4 (3) the cost of purchasing biofuel blends; 

5 (4) whether sufficient biofuel is readily available; 

6 (5) any public benefits derived from the use of 

7 such fuels; and 

8 (6) the effect of biofuel use on locomotive and 

9 other vehicle performance and warranty specifica10 tions. 

11 (d) LOCOMOTIVE TESTING.—As part of the study, the 

12 Secretary shall test locomotive engine performance and 

13 emissions using blends of biofuel and diesel fuel in order 

14 to recommend premium locomotive biofuel blends. 

15 (e) REPORT.—Within 1 year after the date of enact16 ment of this Act, the Secretary shall issue the results of this 

17 study to the Committee on Transportation and Infrastruc18 ture of the House of Representatives and the Committee on 

19 Commerce, Science, and Transportation of the Senate. 

20 SEC. 405. STUDY OF THE USE OF BIOBASED TECH21 NOLOGIES. 

22 Within 1 year after the date of enactment of this Act, 

23 the Secretary shall transmit to the Committee on Transpor24 tation and Infrastructure of the House of Representatives 

25 and the Committee on Commerce, Science, and Transpor-
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1 tation of the Senate a report containing the results of a 

2 study of the feasibility of using readily biodegradable lubri3 cants for freight and passenger railroad locomotives, rolling 

4 stock, or other equipment. The Secretary shall work with 

5 an agricultural-based lubricant testing facility or facilities 

6 to complete this study. The study shall include— 

7 (1) an analysis of the potential use of soy-based 

8 grease and soy-based hydraulic fluids to perform ac9 cording to railroad industry standards; 

10 (2) an analysis of the potential use of other read11 ily biodegradable lubricants to perform according to 

12 railroad industry standards; 

13 (3) a comparison of the health and safety of pe14 troleum-based lubricants with biobased lubricants, 

15 which shall include an analysis of fire safety; and 

16 (4) a comparison of the environmental impact of 

17 petroleum-based lubricants with biobased lubricants, 

18 which shall include the rate and effects of 

19 biodegradability. 

20 SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE. 

21 (a) PLAN.—Not later than 1 year after the date of the 

22 enactment of this Act, Amtrak shall, in consultation with 

23 the Secretary, the Secretary of Homeland Security, the 

24 Washington State Department of Transportation, and the 

25 owners of the relevant railroad infrastructure— 
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1 (1) develop a strategic plan to facilitate ex2 panded passenger rail service across the international 

3 border between the United States and Canada during 

4 the 2010 Olympic Games on the Amtrak passenger 

5 rail route between Vancouver, British Columbia, Can6 ada, and Eugene, Oregon (commonly known as ‘‘Am7 trak Cascades’’); 

8 (2) develop recommendations for the Department 

9 of Homeland Security to process efficiently rail pas10 sengers traveling on Amtrak Cascades across such 

11 international border during the 2010 Olympic Games; 

12 and 

13 (3) submit to Congress a report containing the 

14 strategic plan described in paragraph (1) and the rec15 ommendations described in paragraph (2). 

16 (b) TRAVEL FACILITATION.—Using existing authority 

17 or agreements, or upon reaching additional agreements 

18 with Canada, the Secretary and other Federal agencies, as 

19 appropriate, are authorized to establish facilities and proce20 dures to conduct preclearance of passengers traveling on 

21 Amtrak trains from Canada to the United States. The Sec22 retary shall seek to establish such facilities and proce23 dures— 

24 (1) in Vancouver, Canada, no later than June 1, 

25 2009; and 
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1 (2) in other areas as determined appropriate by 

2 the Secretary. 

3 SEC. 407. HISTORIC PRESERVATION OF RAILROADS. 

4 (a) STUDY; OTHER ACTIONS.—The Secretary of 

5 Transportation shall— 

6 (1) conduct a study, in consultation with the Ad7 visory Council on Historic Preservation, the National 

8 Conference of State Historic Preservation Officers, the 

9 Department of the Interior, appropriate representa10 tives of the railroad industry, and representative 

11 stakeholders, on ways to streamline compliance with 

12 the requirements of section 303 of title 49, United 

13 States Code, and section 106 of the National Historic 

14 Preservation Act (16 U.S.C. 470f) for federally funded 

15 railroad infrastructure repair and improvement 

16 projects; 

17 (2) take immediate action to cooperate with the 

18 Alaska Railroad, the Alaska State Historic Preserva19 tion Office, the Advisory Council on Historic Preser20 vation, and the Department of the Interior, in expe21 diting the decisionmaking process for safety-related 

22 projects of the railroad involving property and facili23 ties that have disputed historic significance; and 

24 (3) take immediate action to cooperate with the 

25 North Carolina Department of Transportation, the 
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1 North Carolina State Historic Preservation Office, the 

2 Virginia State Historic Preservation Office, the Advi3 sory Council on Historic Preservation, and the De4 partment of the Interior, in expediting the decision5 making process for safety-related railroad projects of 

6 the North Carolina Department of Transportation 

7 and the Southeast High Speed Rail Corridor involv8 ing property and facilities that have disputed historic 

9 significance. 

10 (b) REPORT.—Not later than 1 year after the date of 

11 enactment of this Act, the Secretary shall submit, to the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate, a report on the 

15 results of the study conducted under subsection (a)(1) and 

16 the actions directed under subsection (a)(2) and (3). The 

17 report shall include recommendations for any regulatory or 

18 legislative amendments that may streamline compliance 

19 with the requirements described in subsection (a)(1) in a 

20 manner consistent with railroad safety and the policies and 

21 purposes of section 106 of the National Historic Preserva22 tion Act (16 U.S.C. 470f), section 303 of title 49, United 

23 States Code, and section 8(d) of Public Law 90–543 (16 

24 U.S.C. 1247(d)). 
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1 TITLE V—HIGH-SPEED RAIL 

2 SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 

3 (a) CORRIDOR PLANNING.—Section 26101 is amend4 ed— 

5 (1) in the section heading, by striking ‘‘Cor6 ridor development’’ and inserting ‘‘High7 speed rail corridor planning’’; 

8 (2) in the heading of subsection (a), by striking 

9 ‘‘CORRIDOR DEVELOPMENT’’ and inserting ‘‘COR10 RIDOR PLANNING’’; 

11 (3) by striking ‘‘corridor development’’ each 

12 place it appears and inserting ‘‘corridor planning’’; 

13 and 

14 (4) in subsection (c)(2), by striking ‘‘develop15 ment’’ and inserting ‘‘planning’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 26104 is amended in paragraph (1) of subsection (a) by 

18 striking ‘‘$70,000,000’’ and inserting ‘‘$30,000,000’’. 

19 (c) CONFORMING AMENDMENT.—The item relating to 

20 section 26101 in the table of sections of chapter 261 is 

21 amended by striking ‘‘Corridor development’’ and inserting 

22 ‘‘High-speed rail corridor planning’’. 

23 (d) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 

24 Chapter 261 is amended by adding at the end thereof the 

25 following: 
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1 ‘‘§ 26106. High-speed rail corridor development 

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

3 shall establish and implement a high-speed rail corridor de4 velopment program. 

5 ‘‘(b) DEFINITIONS.—In this section, the following defi6 nitions apply: 

7 ‘‘(1) APPLICANT.—The term ‘applicant’ means a 

8 State, a group of States, an Interstate Compact, a 

9 public agency established by one or more States and 

10 having responsibility for providing high-speed rail 

11 service, or Amtrak. 

12 ‘‘(2) CORRIDOR.—The term ‘corridor’ means a 

13 corridor designated by the Secretary pursuant to sec14 tion 104(d)(2) of title 23. 

15 ‘‘(3) CAPITAL PROJECT.—The term ‘capital 

16 project’ means a project or program in a State rail 

17 plan developed under chapter 227 of this title for ac18 quiring, constructing, improving, or inspecting equip19 ment, track, and track structures, or a facility of use 

20 in or for the primary benefit of high-speed rail serv21 ice, expenses incidental to the acquisition or construc22 tion (including designing, engineering, location sur23 veying, mapping, environmental studies, and acquir24 ing rights-of-way), payments for the capital portions 

25 of rail trackage rights agreements, highway-rail grade 

26 crossing improvements related to high-speed rail serv-
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1 ice, mitigating environmental impacts, communica2 tion and signalization improvements, relocation as3 sistance, acquiring replacement housing sites, and ac4 quiring, constructing, relocating, and rehabilitating 

5 replacement housing. 

6 ‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 

7 rail’ means intercity passenger rail service that is 

8 reasonably expected to reach speeds of at least 110 

9 miles per hour. 

10 ‘‘(5) INTERCITY PASSENGER RAIL SERVICE.—The 

11 term ‘intercity passenger rail service’ has the mean12 ing given the term ‘intercity rail passenger transpor13 tation’ in section 24102 of this title. 

14 ‘‘(6) STATE.—The term ‘State’ means any of the 

15 50 States or the District of Columbia. 

16 ‘‘(c) GENERAL AUTHORITY.—The Secretary may make 

17 grants under this section to an applicant to finance capital 

18 projects in high-speed rail corridors. 

19 ‘‘(d) APPLICATIONS.—Each applicant seeking to re20 ceive a grant under this section to develop a high-speed rail 

21 corridor shall submit to the Secretary an application in 

22 such form and in accordance with such requirements as the 

23 Secretary shall establish. 

24 ‘‘(e) COMPETITIVE GRANT SELECTION AND CRITERIA

25 FOR GRANTS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall— 

2 ‘‘(A) establish criteria for selecting among 

3 projects that meet the criteria specified in para4 graph (2); 

5 ‘‘(B) conduct a national solicitation for ap6 plications; and 

7 ‘‘(C) award grants on a competitive basis. 

8 ‘‘(2) GRANT CRITERIA.—The Secretary, in select9 ing the recipients of high-speed rail development 

10 grants to be provided under subsection (c), shall— 

11 ‘‘(A) require— 

12 ‘‘(i) that the project be part of a State 

13 rail plan developed under chapter 227 of 

14 this title, or under the plan required by sec15 tion 211 of the Passenger Rail Investment 

16 and Improvement Act of 2008; 

17 ‘‘(ii) that the applicant or recipient 

18 has or will have the legal, financial, and 

19 technical capacity to carry out the project, 

20 satisfactory continuing control over the use 

21 of the equipment or facilities, and the capa22 bility and willingness to maintain the 

23 equipment or facilities; 

24 ‘‘(iii) that the project be based on the 

25 results of preliminary engineering studies 
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1 or other planning, including corridor plan2 ning activities funded under section 26101 

3 of this title; 

4 ‘‘(iv) that the applicant provides suffi5 cient information upon which the Secretary 

6 can make the findings required by this sub7 section; 

8 ‘‘(v) that if an applicant has selected 

9 the proposed operator of its service, that the 

10 applicant provide written justification to 

11 the Secretary showing why the proposed op12 erator is the best, taking into account costs 

13 and other factors; 

14 ‘‘(vi) that each proposed project meet 

15 all safety and security requirements that 

16 are applicable to the project under law; and 

17 ‘‘(vii) that each project be compatible 

18 with, and operated in conformance with— 

19 ‘‘(I) plans developed pursuant to 

20 the requirements of section 135 of title 

21 23; and 

22 ‘‘(II) the national rail plan (if it 

23 is available); 

24 ‘‘(B) select high-speed rail projects— 
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1 ‘‘(i) that are anticipated to result in 

2 significant improvements to intercity rail 

3 passenger service, including, but not limited 

4 to, consideration of the project’s— 

5 ‘‘(I) levels of estimated ridership, 

6 increased on-time performance, reduced 

7 trip time, additional service frequency 

8 to meet anticipated or existing de9 mand, or other significant service en10 hancements as measured against min11 imum standards developed under sec12 tion 207 of the Passenger Rail Invest13 ment and Improvement Act of 2008; 

14 ‘‘(II) anticipated favorable impact 

15 on air or highway traffic congestion, 

16 capacity, or safety; and 

17 ‘‘(ii) for which there is a high degree of 

18 confidence that the proposed project is fea19 sible and will result in the anticipated bene20 fits, as indicated by— 

21 ‘‘(I) the project’s 

22 precommencement compliance with en23 vironmental protection requirements; 

24 ‘‘(II) the readiness of the project 

25 to be commenced; 
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1 ‘‘(III) the commitment of any af2 fected host rail carrier to ensure the re3 alization of the anticipated benefits; 

4 and 

5 ‘‘(IV) other relevant factors as de6 termined by the Secretary; 

7 ‘‘(iii) for which the level of the antici8 pated benefits compares favorably to the 

9 amount of Federal funding requested under 

10 this section; and 

11 ‘‘(C) give greater consideration to projects— 

12 ‘‘(i) that are anticipated to result in 

13 benefits to other modes of transportation 

14 and to the public at large, including, but 

15 not limited to, consideration of the 

16 project’s— 

17 ‘‘(I) encouragement of intermodal 

18 connectivity through provision of direct 

19 connections between train stations, air20 ports, bus terminals, subway stations, 

21 ferry ports, and other modes of trans22 portation; 

23 ‘‘(II) anticipated improvement of 

24 conventional intercity passenger, 

25 freight, or commuter rail operations; 
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1 ‘‘(III) use of positive train control 

2 technologies; 

3 ‘‘(IV) environmental benefits, in4 cluding projects that involve the pur5 chase of environmentally sensitive, 

6 fuel-efficient, and cost-effective pas7 senger rail equipment; 

8 ‘‘(V) anticipated positive eco9 nomic and employment impacts; 

10 ‘‘(VI) encouragement of State and 

11 private contributions toward station 

12 development, energy and environ13 mental efficiency, and economic bene14 fits; and 

15 ‘‘(VII) falling under the descrip16 tion in section 5302(a)(1)(G) of this 

17 title as defined to support intercity 

18 passenger rail service; and 

19 ‘‘(ii) that incorporate equitable finan20 cial participation in the project’s financing, 

21 including, but not limited to, consideration 

22 of— 

23 ‘‘(I) donated property interests or 

24 services; 
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1 ‘‘(II) financial contributions by 

2 intercity passenger, freight, and com3 muter rail carriers commensurate with 

4 the benefit expected to their operations; 

5 and 

6 ‘‘(III) financial commitments 

7 from host railroads, non-Federal gov8 ernmental entities, non-governmental 

9 entities, and others. 

10 ‘‘(3) GRANT CONDITIONS.—The Secretary shall 

11 require each recipient of a grant under this chapter 

12 to comply with the grant requirements of section 

13 24405 of this title. 

14 ‘‘(4) STATE RAIL PLANS.—State rail plans com15 pleted before the date of enactment of the Passenger 

16 Rail Investment and Improvement Act of 2008 that 

17 substantially meet the requirements of chapter 227 of 

18 this title, as determined by the Secretary pursuant to 

19 section 22506 of this title, shall be deemed by the Sec20 retary to have met the requirements of paragraph 

21 (2)(A)(i) of this subsection. 

22 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost 

23 of a project financed under this section shall not exceed 80 

24 percent of the project net capital cost. 
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1 ‘‘(g) ISSUANCE OF REGULATIONS.—Within 1 year 

2 after the date of enactment of this section, the Secretary 

3 shall issue regulations to carry out this section. 

4 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary to carry 

6 out this section— 

7 ‘‘(1) $150,000,000 for fiscal year 2009; 

8 ‘‘(2) $300,000,000 for fiscal year 2010; 

9 ‘‘(3) $350,000,000 for fiscal year 2011; 

10 ‘‘(4) $350,000,000 for fiscal year 2012; and 

11 ‘‘(5) $350,000,000 for fiscal year 2013.’’. 

12 (e) TABLE OF SECTIONS AMENDMENT.—The table of 

13 sections for chapter 261 is amended by adding after the 

14 item relating to section 26105 the following new item: 

‘‘26106. High-speed rail corridor development.’’. 

15 SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS. 

16 (a) SOLICITATION OF PROPOSALS.— 

17 (1) IN GENERAL.—Not later than 60 days after 

18 the date of enactment of this Act, the Secretary shall 

19 issue a request for proposals for projects for the fi20 nancing, design, construction, operation, and mainte21 nance of a high-speed intercity passenger rail system 

22 operating within a high-speed rail corridor, includ23 ing— 

24 (A) the Northeast Corridor; 

25 (B) the California Corridor; 
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1 (C) the Empire Corridor; 

2 (D) the Pacific Northwest Corridor; 

3 (E) the South Central Corridor; 

4 (F) the Gulf Coast Corridor; 

5 (G) the Chicago Hub Network; 

6 (H) the Florida Corridor; 

7 (I) the Keystone Corridor; 

8 (J) the Northern New England Corridor; 

9 and 

10 (K) the Southeast Corridor. 

11 (2) SUBMISSION.—Proposals shall be submitted 

12 to the Secretary not later than 270 days after the 

13 publication of such request for proposals under para14 graph (1). 

15 (3) PERFORMANCE STANDARD.—Proposals sub16 mitted under paragraph (2) must meet any standards 

17 established by the Secretary. For corridors with exist18 ing intercity passenger rail service, proposals shall 

19 also be designed to achieve a reduction of existing 

20 minimum intercity rail service trip times between the 

21 main corridor city pairs by a minimum of 25 per22 cent. In the case of a proposal submitted with respect 

23 to paragraph (1)(A), the proposal must be designed to 

24 achieve a 2-hour or less express service between Wash-
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1 ington, District of Columbia, and New York City, 

2 New York. 

3 (4) CONTENTS.—A proposal submitted under 

4 this subsection shall include— 

5 (A) the names and qualifications of the per6 sons submitting the proposal and the entities 

7 proposed to finance, design, construct, operate, 

8 and maintain the railroad, railroad equipment, 

9 and related facilities, stations, and infrastruc10 ture; 

11 (B) a detailed description of the proposed 

12 rail service, including possible routes, required 

13 infrastructure investments and improvements, 

14 equipment needs and type, train frequencies, 

15 peak and average operating speeds, and trip 

16 times; 

17 (C) a description of how the project would 

18 comply with Federal rail safety and security 

19 laws, orders, and regulations governing high20 speed rail operations; 

21 (D) the locations of proposed stations, which 

22 maximize the usage of existing infrastructure to 

23 the extent possible, and the populations such sta24 tions are intended to serve; 
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1 (E) the type of equipment to be used, in2 cluding any technologies, to achieve trip time 

3 goals; 

4 (F) a description of any proposed legisla5 tion needed to facilitate all aspects of the project; 

6 (G) a financing plan identifying— 

7 (i) projected revenue, and sources 

8 thereof; 

9 (ii) the amount of any requested public 

10 contribution toward the project, and pro11 posed sources; 

12 (iii) projected annual ridership projec13 tions for the first 10 years of operations; 

14 (iv) annual operations and capital 

15 costs; 

16 (v) the projected levels of capital in17 vestments required both initially and in 

18 subsequent years to maintain a state-of19 good-repair necessary to provide the ini20 tially proposed level of service or higher lev21 els of service; 

22 (vi) projected levels of private invest23 ment and sources thereof, including the 

24 identity of any person or entity that has 

25 made or is expected to make a commitment 
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1 to provide or secure funding and the 

2 amount of such commitment; and 

3 (vii) projected funding for the full fair 

4 market compensation for any asset, prop5 erty right or interest, or service acquired 

6 from, owned, or held by a private person or 

7 Federal entity that would be acquired, im8 paired, or diminished in value as a result 

9 of a project, except as otherwise agreed to by 

10 the private person or entity; 

11 (H) a description of how the project would 

12 contribute to the development of a national high13 speed rail system and an intermodal plan de14 scribing how the system will facilitate convenient 

15 travel connections with other transportation 

16 services; 

17 (I) a description of how the project will en18 sure compliance with Federal laws governing the 

19 rights and status of employees associated with 

20 the route and service, including those specified in 

21 section 24405 of title 49, United States Code; 

22 (J) a description of how the design, con23 struction, implementation, and operation of the 

24 project will accommodate and allow for future 
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1 growth of existing and projected intercity, com2 muter, and freight rail service; 

3 (K) a description of how the project would 

4 comply with Federal and State environmental 

5 laws and regulations, of what the environmental 

6 impacts would result from the project, and how 

7 any adverse impacts would be mitigated; and 

8 (L) a description of the project’s impacts on 

9 highway and aviation congestion, energy con10 sumption, land use, and economic development 

11 in the service area. 

12 (b) DETERMINATION AND ESTABLISHMENT OF COM13 MISSIONS.—Not later than 60 days after receipt of the pro14 posals under subsection (a), the Secretary shall— 

15 (1) make a determination as to whether any such 

16 proposals— 

17 (A) contain the information required under 

18 subsection (a)(3) and (4); 

19 (B) are sufficiently credible to warrant fur20 ther consideration; 

21 (C) are likely to result in a positive impact 

22 on the Nation’s transportation system; and 

23 (D) are cost-effective and in the public in24 terest; and 
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1 (2) establish a commission under subsection (c) 

2 for each corridor with one or more proposals that the 

3 Secretary determines satisfies the requirements of 

4 paragraph (1), and forward to each commission such 

5 proposals for review and consideration. 

6 (c) COMMISSIONS.— 

7 (1) MEMBERS.—Each commission referred to in 

8 subsection (b)(2) shall include— 

9 (A) the governors of the affected States, or 

10 their respective designees; 

11 (B) mayors of appropriate municipalities 

12 along the proposed corridor, or their respective 

13 designees; 

14 (C) a representative from each freight rail15 road carrier using the relevant corridor, if appli16 cable; 

17 (D) a representative from each transit au18 thority using the relevant corridor, if applicable; 

19 (E) representatives of nonprofit employee 

20 labor organizations representing affected railroad 

21 employees; and 

22 (D) the President of Amtrak or his or her 

23 designee. 

24 (2) APPOINTMENT AND SELECTION.—The Sec25 retary shall appoint the members under paragraph 
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1 (1). In selecting each commission’s members to fulfill 

2 the requirements under paragraph (1)(B) and (E), 

3 the Secretary shall consult with the Chairmen and 

4 Ranking Members of the Senate Committee on Com5 merce, Science, and Transportation and the House of 

6 Representatives Committee on Transportation and 

7 Infrastructure. 

8 (3) CHAIRPERSON AND VICE-CHAIRPERSON SE9 LECTION.—The Chairperson and Vice-Chairperson 

10 shall be elected from among members of each commis11 sion. 

12 (4) QUORUM AND VACANCY.— 

13 (A) QUORUM.—A majority of the members 

14 of each commission shall constitute a quorum. 

15 (B) VACANCY.—Any vacancy in each com16 mission shall not affect its powers and shall be 

17 filled in the same manner in which the original 

18 appointment was made. 

19 (5) APPLICATION OF LAW.—Except where other20 wise provided by this section, the Federal Advisory 

21 Committee Act (P.L. 92–463) shall apply to each 

22 commission created under this section. 

23 (d) COMMISSION CONSIDERATION.— 

24 (1) IN GENERAL.—Each commission established 

25 under subsection (b)(2) shall be responsible for review-
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1 ing the proposal or proposals forwarded to it under 

2 that subsection and not later than 90 days after the 

3 establishment of the commission, shall transmit to the 

4 Secretary a report which includes— 

5 (A) a summary of each proposal received; 

6 (B) services to be provided under each pro7 posal, including projected ridership, revenues, 

8 and costs; 

9 (C) proposed public and private contribu10 tions for each proposal; 

11 (D) the advantages offered by the proposal 

12 over existing intercity passenger rail services; 

13 (E) public operating subsidies or assets 

14 needed for the proposed project; 

15 (F) possible risks to the public associated 

16 with the proposal, including risks associated 

17 with project financing, implementation, comple18 tion, safety, and security; 

19 (G) a ranked list of the proposals rec20 ommended for further consideration under sub21 section (e) in accordance with each proposal’s 

22 projected positive impact on the Nation’s trans23 portation system; 

24 (H) an identification of any proposed Fed25 eral legislation that would facilitate implementa-
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1 tion of the projects and Federal legislation that 

2 would be required to implement the projects; and 

3 (I) any other recommendations by the com4 mission concerning the proposed projects. 

5 (2) VERBAL PRESENTATION.—Proposers shall be 

6 given an opportunity to make a verbal presentation 

7 to the commission to explain their proposals. 

8 (3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to the Sec10 retary for the use of each commission established 

11 under subsection (b)(2) such sums as are necessary to 

12 carry out this section. 

13 (e) SELECTION BY SECRETARY.— 

14 (1) Not later than 60 days after receiving the 

15 recommended proposals of the commissions established 

16 under subsection (b)(2), the Secretary shall— 

17 (A) review such proposals and select any 

18 proposal which provides substantial benefits to 

19 the public and the national transportation sys20 tem, is cost-effective, offers significant advantages 

21 over existing services, and meets other relevant 

22 factors determined appropriate by the Secretary; 

23 and 

24 (B) issue a report to the Committee on 

25 Transportation and Infrastructure of the House 
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1 of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate 

3 containing any proposal with respect to sub4 section (a)(1)(A) that is selected by the Secretary 

5 under subparagraph (A) of this paragraph, all 

6 the information regarding the proposal provided 

7 to the Secretary under subsection (d), and any 

8 other relevant information deemed appropriate. 

9 (2) Following the submission of the report under 

10 paragraph (1)(B), the Secretary shall transmit to the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Senate 

14 a report containing any proposal with respect to sub15 paragraphs (B) through (K) of subsection (a)(1) that 

16 are selected by the Secretary under paragraph (1) of 

17 this subsection, all the information regarding the pro18 posal provided to the Secretary under subsection (d), 

19 and any other relevant information deemed appro20 priate. 

21 (3) The report required under paragraph (2) 

22 shall not be submitted by the Secretary until the re23 port submitted under paragraph (1) has been consid24 ered through a hearing by the Committee on Trans25 portation and Infrastructure of the House of Rep-
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1 resentatives and the Committee on Commerce, 

2 Science, and Transportation of the Senate on the re3 port submitted under paragraph (1)(B). 

4 (f) PRELIMINARY ENGINEERING.—For planning and 

5 preliminary engineering activities that meet the criteria of 

6 section 26101 of title 49, United States Code, (other than 

7 subsections (a) and (b)(2)) that are undertaken after the 

8 Secretary submits reports to the Committee on Transpor9 tation and Infrastructure of the House of Representatives 

10 and the Committee on Commerce, Science, and Transpor11 tation of the Senate as required under subsection (e), not 

12 to exceed $5,000,000 is authorized to be appropriated from 

13 funds made available under section 26104(a) of such title. 

14 Only 1 proposal for each corridor under subsection (a) shall 

15 be eligible for such funds. 

16 (g) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 

17 No Federal agency may take any action to implement, es18 tablish, facilitate, or otherwise act upon any proposal sub19 mitted under this section, other than those actions specifi20 cally authorized by this section, without explicit statutory 

21 authority enacted after the date of enactment of this Act. 

22 (h) DEFINITIONS.—In this section, the following defi23 nitions apply: 

24 (1) INTERCITY PASSENGER RAIL.—The term 

25 ‘‘intercity passenger rail’’ means intercity rail pas-
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1 senger transportation as defined in section 24102 of 

2 title 49, United States Code. 

3 (2) STATE.—The term ‘‘State’’ means any of the 

4 50 States or the District of Columbia. 

5 (3) NORTHEAST CORRIDOR.—The term ‘‘North6 east Corridor’’ has the meaning given under section 

7 24102 of title 49, United States Code. 

8 (4) HIGH-SPEED RAIL CORRIDOR.—The terms 

9 ‘‘high-speed rail corridor’’ and ‘‘corridor’’ mean a 

10 corridor designated by the Secretary pursuant to sec11 tion 104(d)(2) of title 23, United States Code, and the 

12 Northeast Corridor. 

13 TITLE VI—CAPITAL AND PRE14 VENTIVE MAINTENANCE 

15 PROJECTS FOR WASHINGTON 

16 METROPOLITAN AREA TRAN17 SIT AUTHORITY 

18 SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE 

19 MAINTENANCE PROJECTS FOR WASHINGTON 

20 METROPOLITAN AREA TRANSIT AUTHORITY. 

21 (a) AUTHORIZATION.— 

22 (1) IN GENERAL.—Subject to the succeeding pro23 visions of this section, the Secretary of Transpor24 tation is authorized to make grants to the Transit 

25 Authority, in addition to the contributions authorized 
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1 under sections 3, 14, and 17 of the National Capital 

2 Transportation Act of 1969 (sec. 9–1101.01 et seq., 

3 D.C. Official Code), for the purpose of financing in 

4 part the capital and preventive maintenance projects 

5 included in the Capital Improvement Program ap6 proved by the Board of Directors of the Transit Au7 thority. 

8 (2) DEFINITIONS.—In this section— 

9 (A) the term ‘‘Transit Authority’’ means the 

10 Washington Metropolitan Area Transit Author11 ity established under Article III of the Compact; 

12 and 

13 (B) the term ‘‘Compact’’ means the Wash14 ington Metropolitan Area Transit Authority 

15 Compact (80 Stat. 1324; Public Law 89–774). 

16 (b) USE OF FUNDS.—The Federal grants made pursu17 ant to the authorization under this section shall be subject 

18 to the following limitations and conditions: 

19 (1) The work for which such Federal grants are 

20 authorized shall be subject to the provisions of the 

21 Compact (consistent with the amendments to the 

22 Compact described in subsection (d)). 

23 (2) Each such Federal grant shall be for 50 per24 cent of the net project cost of the project involved, and 

25 shall be provided in cash from sources other than Fed-
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1 eral funds or revenues from the operation of public 

2 mass transportation systems. Consistent with the 

3 terms of the amendment to the Compact described in 

4 subsection (d)(1), any funds so provided shall be sole5 ly from undistributed cash surpluses, replacement or 

6 depreciation funds or reserves available in cash, or 

7 new capital. 

8 (3) Such Federal grants may be used only for the 

9 maintenance and upkeep of the systems of the Transit 

10 Authority as of the date of the enactment of this Act 

11 and may not be used to increase the mileage of the 

12 rail system. 

13 (c) APPLICABILITY OF REQUIREMENTS FOR MASS

14 TRANSPORTATION CAPITAL PROJECTS RECEIVING FUNDS

15 UNDER FEDERAL TRANSPORTATION LAW.—Except as spe16 cifically provided in this section, the use of any amounts 

17 appropriated pursuant to the authorization under this sec18 tion shall be subject to the requirements applicable to cap19 ital projects for which funds are provided under chapter 

20 53 of title 49, United States Code, except to the extent that 

21 the Secretary of Transportation determines that the require22 ments are inconsistent with the purposes of this section. 

23 (d) AMENDMENTS TO COMPACT.—No amounts may be 

24 provided to the Transit Authority pursuant to the author25 ization under this section until the Transit Authority noti-
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1 fies the Secretary of Transportation that each of the fol2 lowing amendments to the Compact (and any further 

3 amendments which may be required to implement such 

4 amendments) have taken effect: 

5 (1)(A) An amendment requiring that all pay6 ments by the local signatory governments for the 

7 Transit Authority for the purpose of matching any 

8 Federal funds appropriated in any given year au9 thorized under subsection (a) for the cost of operating 

10 and maintaining the adopted regional system are 

11 made from amounts derived from dedicated funding 

12 sources. 

13 (B) For purposes of this paragraph, the term 

14 ‘‘dedicated funding source’’ means any source of fund15 ing which is earmarked or required under State or 

16 local law to be used to match Federal appropriations 

17 authorized under this division for payments to the 

18 Transit Authority. 

19 (2) An amendment establishing an Office of the 

20 Inspector General of the Transit Authority. 

21 (3) An amendment expanding the Board of Di22 rectors of the Transit Authority to include 4 addi23 tional Directors appointed by the Administrator of 

24 General Services, of whom 2 shall be nonvoting and 

25 2 shall be voting, and requiring one of the voting 
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1 members so appointed to be a regular passenger and 

2 customer of the bus or rail service of the Transit Au3 thority. 

4 (e) ACCESS TO WIRELESS SERVICE IN METRORAIL

5 SYSTEM.— 

6 (1) REQUIRING TRANSIT AUTHORITY TO PROVIDE

7 ACCESS TO SERVICE.—No amounts may be provided 

8 to the Transit Authority pursuant to the authoriza9 tion under this section unless the Transit Authority 

10 ensures that customers of the rail service of the Tran11 sit Authority have access within the rail system to 

12 services provided by any licensed wireless provider 

13 that notifies the Transit Authority (in accordance 

14 with such procedures as the Transit Authority may 

15 adopt) of its intent to offer service to the public, in 

16 accordance with the following timetable: 

17 (A) Not later than 1 year after the date of 

18 the enactment of this Act, in the 20 underground 

19 rail station platforms with the highest volume of 

20 passenger traffic. 

21 (B) Not later than 4 years after such date, 

22 throughout the rail system. 

23 (2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM

24 FOR UPGRADES AND MAINTENANCE.—No amounts 

25 may be provided to the Transit Authority pursuant 
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1 to the authorization under this section unless the 

2 Transit Authority ensures that each licensed wireless 

3 provider who provides service to the public within the 

4 rail system pursuant to paragraph (1) has access to 

5 the system on an ongoing basis (subject to such re6 strictions as the Transit Authority may impose to en7 sure that such access will not unduly impact rail op8 erations or threaten the safety of customers or employ9 ees of the rail system) to carry out emergency repairs, 

10 routine maintenance, and upgrades to the service. 

11 (3) PERMITTING REASONABLE AND CUSTOMARY

12 CHARGES.—Nothing in this subsection may be con13 strued to prohibit the Transit Authority from requir14 ing a licensed wireless provider to pay reasonable and 

15 customary charges for access granted under this sub16 section. 

17 (4) REPORTS.—Not later than 1 year after the 

18 date of the enactment of this Act, and each of the 3 

19 years thereafter, the Transit Authority shall submit to 

20 the Committee on Oversight and Government Reform 

21 of the House of Representatives and the Committee on 

22 Homeland Security and Governmental Affairs of the 

23 Senate a report on the implementation of this sub24 section. 
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1 (5) DEFINITION.—In this subsection, the term 

2 ‘‘licensed wireless provider’’ means any provider of 

3 wireless services who is operating pursuant to a Fed4 eral license to offer such services to the public for 

5 profit. 

6 (f) AMOUNT.—There are authorized to be appropriated 

7 to the Secretary of Transportation for grants under this sec8 tion an aggregate amount not to exceed $1,500,000,000 to 

9 be available in increments over 10 fiscal years beginning 

10 in fiscal year 2009, or until expended. 

11 (g) AVAILABILITY.—Amounts appropriated pursuant 

12 to the authorization under this section shall remain avail13 able until expended. 

Attest: 

Clerk. 
110TH CONGRESS 

2D SESSION H.R. 2095 

HOUSE AMENDMENT 

TO SENATE 

AMENDMENT