H. Res. 1492 

In the House of Representatives, U. S., 

September 24, 2008. 

Resolved, That upon the adoption of this resolution 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 

Senate amendment thereto, shall be considered to have been 

taken from the Speaker’s table to the end that the Senate 

amendment thereto be, and the same are hereby, agreed to 

with the following amendment: Strike all after the enacting 

clause and insert the following: 

DIVISION A—RAIL SAFETY 

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

TITLE 49. 

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

‘‘Rail Safety Improvement Act of 2008’’. 

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

this division is as follows: 

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

Sec. 2. Definitions. 
2 

•HRES 1492 EH 

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. 

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 highway-rail 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. 
3 

•HRES 1492 EH 

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. 

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. 

(c) AMENDMENT OF TITLE 49.—Except as otherwise expressly provided, whenever in this division an amendment or 

repeal is expressed in terms of an amendment to, or a repeal 

of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, 

United States Code. 

SEC. 2. DEFINITIONS. 

(a) IN GENERAL.—In this division: 

(1) CROSSING.—The term ‘‘crossing’’ means a location within a State, other than a location where one or 
4 

•HRES 1492 EH 

more railroad tracks cross one or more railroad tracks 

at grade where— 

(A) a public highway, road, or street, or a private roadway, including associated sidewalks and 

pathways, crosses one or more railroad tracks either 

at grade or grade-separated; or 

(B) a pathway explicitly authorized by a public 

authority or a railroad carrier that is dedicated for 

the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated 

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

roadway, crosses one or more railroad tracks either 

at grade or grade-separated. 

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

the Department of Transportation. 

(3) RAILROAD.—The term ‘‘railroad’’ has the meaning given that term by section 20102 of title 49, United 

States Code. 

(4) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has the meaning given that term by section 20102 

of title 49, United States Code. 

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

Secretary of Transportation. 
5 

•HRES 1492 EH 

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

the United States, the District of Columbia, or the Commonwealth of Puerto Rico. 

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

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

paragraphs (2) and (3), respectively; 

(2) by inserting before paragraph (2), as redesignated, the following: 

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

‘Class III railroad’ mean railroad carriers that have annual carrier operating revenues that meet the threshold 

amount for Class I carriers, Class II carriers, and Class 

III carriers, respectively, as determined by the Surface 

Transportation Board under section 1201.1-1 of title 49, 

Code of Federal Regulations.’’; and 

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

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

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

chapter 211; 

‘‘(B) another operating railroad employee who 

is not subject to chapter 211; 

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

way of a railroad; 
6 

•HRES 1492 EH 

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

a hazmat employee as defined in section 5102(3) of 

this title; 

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

maintains locomotives, passenger cars, or freight 

cars; and 

‘‘(F) any other employee of a railroad carrier 

who directly affects railroad safety, as determined 

by the Secretary.’’. 

SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

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

amended to read as follows: 

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

this part and to carry out responsibilities under chapter 51 

as delegated or authorized by the Secretary— 

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

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

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

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

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

‘‘(2) With amounts appropriated pursuant to paragraph 

(1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other 

comparable technology as needed to assess track safety con-
7 

•HRES 1492 EH 

sistent with the results of the track inspection study required 

by section 403 of the Rail Safety Improvement Act of 2008. 

‘‘(3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 

2009 through 2013 to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado. The facility 

shall be used to test and evaluate the vulnerabilities of aboveground and underground rail tunnels to prevent accidents 

and incidents in such tunnels, to mitigate and remediate the 

consequences of any such accidents or incidents, and to provide a realistic scenario for training emergency responders. 

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

appropriated pursuant to paragraph (1) for each of the fiscal 

years 2009 through 2013 shall be made available to the Secretary for personnel in regional offices and in Washington, 

D.C., whose duties primarily involve rail security.’’. 

TITLE I—RAILROAD SAFETY 

IMPROVEMENTS 

SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS 

AND DUTIES. 

Section 103 is amended by striking subsections (b) 

through (e) and inserting the following: 

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

its duties, the Administration shall consider the assignment 
8 

•HRES 1492 EH 

and maintenance of safety as the highest priority, recognizing 

the clear intent, encouragement, and dedication of Congress 

to the furtherance of the highest degree of safety in railroad 

transportation. 

‘‘(d) ADMINISTRATOR.—The head of the Administration 

shall be the Administrator who shall be appointed by the 

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

and shall be an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the 

Secretary of Transportation. 

‘‘(e) DEPUTY ADMINISTRATOR.—The Administration 

shall have a Deputy Administrator who shall be appointed by 

the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. 

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

shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate 

Administrator shall be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator. 

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

The Administrator shall carry out— 

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

vested in the Secretary by section 20134(c) and chapters 
9 

•HRES 1492 EH 

203 through 211 of this title, and by chapter 213 of this 

title for carrying out chapters 203 through 211; 

‘‘(2) the duties and powers related to railroad policy 

and development under subsection (j); and 

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

‘‘(h) LIMITATION.—A duty or power specified in subsection (g)(1) may be transferred to another part of the Department of Transportation or another Federal Government 

entity only when specifically provided by law. A decision of 

the Administrator in carrying out the duties or powers of the 

Administration and involving notice and hearing required by 

law is administratively final. 

‘‘(i) AUTHORITIES.—Subject to the provisions of subtitle 

I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), the 

Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, 

and other similar transactions with Federal or other public 

agencies (including State and local governments) and private 

organizations and persons, and make such payments, by way 

of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions at 

the Administration. The authority of the Secretary granted 

by this subsection shall be carried out by the Administrator. 
10 

•HRES 1492 EH 

Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under 

this subsection shall be effective, except as provided for in appropriations Acts.’’. 

SEC. 102. RAILROAD SAFETY STRATEGY. 

(a) SAFETY GOALS.—In conjunction with existing federally-required and voluntary strategic planning efforts ongoing 

at the Department and the Federal Railroad Administration 

as of the date of enactment of this Act, the Secretary shall 

develop a long-term strategy for improving railroad safety to 

cover a period of not less than 5 years. The strategy shall 

include an annual plan and schedule for achieving, at a minimum, the following goals: 

(1) Reducing the number and rates of accidents, incidents, injuries, and fatalities involving railroads including train collisions, derailments, and human factors. 

(2) Improving the consistency and effectiveness of 

enforcement and compliance programs. 

(3) Improving the identification of high-risk highway-rail grade crossings and strengthening enforcement 

and other methods to increase grade crossing safety. 

(4) Improving research efforts to enhance and promote railroad safety and performance. 

(5) Preventing railroad trespasser accidents, incidents, injuries, and fatalities. 
11 

•HRES 1492 EH 

(6) Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries, and fatalities caused by catastrophic 

failures and other bridge and tunnel failures. 

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

shall include estimates of the funds and staff resources needed to accomplish the goals established by subsection (a). Such 

estimates shall also include the staff skills and training required for timely and effective accomplishment of each such 

goal. 

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

The Secretary shall submit the strategy and annual plan to 

the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on 

Transportation and Infrastructure at the same time as the 

President’s budget submission. 

(d) ACHIEVEMENT OF GOALS.— 

(1) PROGRESS ASSESSMENT.—No less frequently 

than annually, the Secretary shall assess the progress of 

the Department toward achieving the strategic goals described in subsection (a). The Secretary shall identify 

any deficiencies in achieving the goals within the strategy and develop and institute measures to remediate 

such deficiencies. The Secretary and the Administrator 

shall convey their assessment to the employees of the 
12 

•HRES 1492 EH 

Federal Railroad Administration and shall identify any 

deficiencies that should be remediated before the next 

progress assessment. 

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

not later than November 1 of each year, the Secretary 

shall transmit a report to the Senate Committee on 

Commerce, Science, and Transportation and the House 

of Representatives Committee on Transportation and Infrastructure on the performance of the Federal Railroad 

Administration containing the progress assessment required by paragraph (1) toward achieving the goals of 

the railroad safety strategy and annual plans under subsection (a). 

SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM. 

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

amended by adding at end thereof the following: 

‘‘§ 20156. Railroad safety risk reduction program 

‘‘(a) IN GENERAL.— 

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

years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, 

by regulation, shall require each railroad carrier that is 

a Class I railroad, a railroad carrier that has inadequate 

safety performance (as determined by the Secretary), or 
13 

•HRES 1492 EH 

a railroad carrier that provides intercity rail passenger 

or commuter rail passenger transportation— 

‘‘(A) to develop a railroad safety risk reduction 

program under subsection (d) that systematically 

evaluates railroad safety risks on its system and 

manages those risks in order to reduce the numbers 

and rates of railroad accidents, incidents, injuries, 

and fatalities; 

‘‘(B) to submit its program, including any required plans, to the Secretary for review and approval; and 

‘‘(C) to implement the program and plans approved by the Secretary. 

‘‘(2) RELIANCE ON PILOT PROGRAM.—The Secretary may conduct behavior-based safety and other research, including pilot programs, before promulgating 

regulations under this subsection and thereafter. The 

Secretary shall use any information and experience gathered through such research and pilot programs under 

this subsection in developing regulations under this section. 

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

review and approve or disapprove railroad safety risk reduction program plans within a reasonable period of 

time. If the proposed plan is not approved, the Secretary 
14 

•HRES 1492 EH 

shall notify the affected railroad carrier as to the specific 

areas in which the proposed plan is deficient, and the 

railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice 

from the Secretary. The Secretary shall annually conduct a review to ensure that the railroad carriers are 

complying with their plans. 

‘‘(4) VOLUNTARY COMPLIANCE.—A railroad carrier 

that is not required to submit a railroad safety risk reduction program under this section may voluntarily submit a program that meets the requirements of this section to the Secretary. The Secretary shall approve or disapprove any program submitted under this paragraph. 

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

safety of each railroad carrier required to submit a railroad 

safety risk reduction program under subsection (a) shall certify that the contents of the program are accurate and that 

the railroad carrier will implement the contents of the program as approved by the Secretary. 

‘‘(c) RISK ANALYSIS.—In developing its railroad safety 

risk reduction program each railroad carrier required to submit such a program pursuant to subsection (a) shall identify 

and analyze the aspects of its railroad, including operating 

rules and practices, infrastructure, equipment, employee levels and schedules, safety culture, management structure, em-
15 

•HRES 1492 EH 

ployee training, and other matters, including those not covered by railroad safety regulations or other Federal regulations, that impact railroad safety. 

‘‘(d) PROGRAM ELEMENTS.— 

‘‘(1) IN GENERAL.—Each railroad carrier required 

to submit a railroad safety risk reduction program under 

subsection (a) shall develop a comprehensive safety risk 

reduction program to improve safety by reducing the 

number and rates of accidents, incidents, injuries, and 

fatalities that is based on the risk analysis required by 

subsection (c) through— 

‘‘(A) the mitigation of aspects that increase 

risks to railroad safety; and 

‘‘(B) the enhancement of aspects that decrease 

risks to railroad safety. 

‘‘(2) REQUIRED COMPONENTS.—Each railroad carrier’s safety risk reduction program shall include a risk 

mitigation plan in accordance with this section, a technology implementation plan that meets the requirements 

of subsection (e), and a fatigue management plan that 

meets the requirements of subsection (f). 

‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.— 

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

risk reduction program, a railroad carrier required to 

submit a railroad safety risk reduction program under 
16 

•HRES 1492 EH 

subsection (a) shall develop, and periodically update as 

necessary, a 10-year technology implementation plan 

that describes the railroad carrier’s plan for development, adoption, implementation, maintenance, and use 

of current, new, or novel technologies on its system over 

a 10-year period to reduce safety risks identified under 

the railroad safety risk reduction program. Any updates 

to the plan are subject to review and approval by the 

Secretary. 

‘‘(2) TECHNOLOGY ANALYSIS.—A railroad carrier’s 

technology implementation plan shall include an analysis 

of the safety impact, feasibility, and cost and benefits of 

implementing technologies, including processor-based 

technologies, positive train control systems (as defined in 

section 20157(i)), electronically controlled pneumatic 

brakes, rail integrity inspection systems, rail integrity 

warning systems, switch position monitors and indicators, trespasser prevention technology, highway-rail 

grade crossing technology, and other new or novel railroad safety technology, as appropriate, that may mitigate risks to railroad safety identified in the risk analysis required by subsection (c). 

‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad 

carrier’s technology implementation plan shall contain a 

prioritized implementation schedule for the development, 
17 

•HRES 1492 EH 

adoption, implementation, and use of current, new, or 

novel technologies on its system to reduce safety risks 

identified under the railroad safety risk reduction program. 

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

for implementation of positive train control systems), the 

Secretary shall ensure that— 

‘‘(A) each railroad carrier’s technology implementation plan required under paragraph (1) that 

includes a schedule for implementation of a positive 

train control system complies with that schedule; 

and 

‘‘(B) each railroad carrier required to submit 

such a plan implements a positive train control system pursuant to such plan by December 31, 2018. 

‘‘(f) FATIGUE MANAGEMENT PLAN.— 

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

risk reduction program, a railroad carrier required to 

submit a railroad safety risk reduction program under 

subsection (a) shall develop and update at least once 

every 2 years a fatigue management plan that is designed to reduce the fatigue experienced by safety-related railroad employees and to reduce the likelihood of 

accidents, incidents, injuries, and fatalities caused by fa-
18 

•HRES 1492 EH 

tigue. Any such update shall be subject to review and 

approval by the Secretary. 

‘‘(2) TARGETED FATIGUE COUNTERMEASURES.—A 

railroad carrier’s fatigue management plan shall take 

into account the varying circumstances of operations by 

the railroad on different parts of its system, and shall 

prescribe appropriate fatigue countermeasures to address 

those varying circumstances. 

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

consider the need to include in its fatigue management 

plan elements addressing each of the following items, as 

applicable: 

‘‘(A) Employee education and training on the 

physiological and human factors that affect fatigue, 

as well as strategies to reduce or mitigate the effects of fatigue, based on the most current scientific 

and medical research and literature. 

‘‘(B) Opportunities for identification, diagnosis, and treatment of any medical condition that 

may affect alertness or fatigue, including sleep disorders. 

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

situations, such as derailments and natural disas-
19 

•HRES 1492 EH 

ters, or engagement in other intensive working conditions. 

‘‘(D) Scheduling practices for employees, including innovative scheduling practices, on-duty call 

practices, work and rest cycles, increased consecutive days off for employees, changes in shift patterns, appropriate scheduling practices for varying 

types of work, and other aspects of employee scheduling that would reduce employee fatigue and cumulative sleep loss. 

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

when scientific and medical research have shown increased fatigue disrupts employees’ circadian 

rhythm. 

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

napping, to address acute drowsiness and fatigue 

while an employee is on duty. 

‘‘(G) Opportunities to obtain restful sleep at 

lodging facilities, including employee sleeping quarters provided by the railroad carrier. 

‘‘(H) The increase of the number of consecutive hours of off-duty rest, during which an employee receives no communication from the employ-
20 

•HRES 1492 EH 

ing railroad carrier or its managers, supervisors, officers, or agents. 

‘‘(I) Avoidance of abrupt changes in rest cycles 

for employees. 

‘‘(J) Additional elements that the Secretary 

considers appropriate. 

‘‘(g) CONSENSUS.— 

‘‘(1) IN GENERAL.—Each railroad carrier required 

to submit a railroad safety risk reduction program under 

subsection (a) shall consult with, employ good faith and 

use its best efforts to reach agreement with, all of its directly affected employees, including any non-profit employee labor organization representing a class or craft of 

directly affected employees of the railroad carrier, on the 

contents of the safety risk reduction program. 

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

directly affected employees, including any nonprofit employee labor organization representing a class or craft of 

directly affected employees of the railroad carrier, cannot 

reach consensus on the proposed contents of the plan, 

then directly affected employees and such organization 

may file a statement with the Secretary explaining their 

views on the plan on which consensus was not reached. 

The Secretary shall consider such views during review 

and approval of the program. 
21 

•HRES 1492 EH 

‘‘(h) ENFORCEMENT.—The Secretary shall have the authority to assess civil penalties pursuant to chapter 213 for 

a violation of this section, including the failure to submit, certify, or comply with a safety risk reduction program, risk 

mitigation plan, technology implementation plan, or fatigue 

management plan.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201 is amended by inserting after the item relating to section 20155 the following: 

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

SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL. 

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

amended by section 103 of this division, is further amended 

by adding at the end thereof the following: 

‘‘§ 20157. Implementation of positive train control systems 

‘‘(a) IN GENERAL.— 

‘‘(1) PLAN REQUIRED.—Not later than 18 months 

after the date of enactment of the Rail Safety Improvement Act of 2008, each Class I railroad carrier and each 

entity providing regularly scheduled intercity or commuter rail passenger transportation shall develop and 

submit to the Secretary of Transportation a plan for implementing a positive train control system by December 

31, 2015, governing operations on— 
22 

•HRES 1492 EH 

‘‘(A) its main line over which intercity rail passenger transportation or commuter rail passenger 

transportation, as defined in section 24102, is regularly provided; 

‘‘(B) its main line over which poison- or toxicby-inhalation hazardous materials, as defined in 

parts 171.8, 173.115, and 173.132 of title 49, Code 

of Federal Regulations, are transported; and 

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

prescribe by regulation or order. 

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

how it will provide for interoperability of the system with 

movements of trains of other railroad carriers over its 

lines and shall, to the extent practical, implement the 

system in a manner that addresses areas of greater risk 

before areas of lesser risk. The railroad carrier shall implement a positive train control system in accordance 

with the plan. 

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance and guidance to railroad carriers in 

developing the plans required under subsection (a). 

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

after the Secretary receives a plan, the Secretary shall review 

and approve or disapprove it. If the proposed plan is not approved, the Secretary shall notify the affected railroad carrier 
23 

•HRES 1492 EH 

or other entity as to the specific areas in which the proposed 

plan is deficient, and the railroad carrier or other entity shall 

correct all deficiencies within 30 days following receipt of 

written notice from the Secretary. The Secretary shall annually conduct a review to ensure that the railroad carriers are 

complying with their plans. 

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

Secretary shall transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate on the progress of the railroad carriers 

in implementing such positive train control systems. 

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

assess civil penalties pursuant to chapter 213 for a violation 

of this section, including the failure to submit or comply with 

a plan for implementing positive train control under subsection (a). 

‘‘(f) OTHER RAILROAD CARRIERS.—Nothing in this section restricts the discretion of the Secretary to require railroad carriers other than those specified in subsection (a) to 

implement a positive train control system pursuant to this 

section or section 20156, or to specify the period by which 

implementation shall occur that does not exceed the time limits established in this section or section 20156. In exercising 

such discretion, the Secretary shall, at a minimum, consider 
24 

•HRES 1492 EH 

the risk to railroad employees and the public associated with 

the operations of the railroad carrier. 

‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations or issue orders necessary to implement this section, 

including regulations specifying in appropriate technical detail the essential functionalities of positive train control systems, and the means by which those systems will be qualified. 

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

the installation of any positive train control system or component in revenue service unless the Secretary has certified that 

any such system or component has been approved through 

the approval process set forth in part 236 of title 49, Code 

of Federal Regulations, and complies with the requirements 

of that part. 

‘‘(i) DEFINITIONS.—In this section: 

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

host railroad and tenant railroad to communicate with 

and respond to the positive train control system, including uninterrupted movements over property boundaries. 

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

segment or route of railroad tracks over which 5,000,000 

or more gross tons of railroad traffic is transported annually, except that— 
25 

•HRES 1492 EH 

‘‘(A) the Secretary may, through regulations 

under subsection (g), designate additional tracks as 

main line as appropriate for this section; and 

‘‘(B) for intercity rail passenger transportation 

or commuter rail passenger transportation routes or 

segments over which limited or no freight railroad 

operations occur, the Secretary shall define the 

term ‘main line’ by regulation. 

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

‘positive train control system’ means a system designed 

to prevent train-to-train collisions, over-speed 

derailments, incursions into established work zone limits, 

and the movement of a train through a switch left in the 

wrong position.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

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

is amended by inserting after the item relating to section 

20156 the following: 

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

SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS. 

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

amended by section 104 of this division, is further amended 

by adding at the end thereof the following: 

‘‘§ 20158. Railroad safety technology grants 

‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall establish a grant program for the deployment of 
26 

•HRES 1492 EH 

train control technologies, train control component technologies, processor-based technologies, electronically controlled pneumatic brakes, rail integrity inspection systems, 

rail integrity warning systems, switch position indicators and 

monitors, remote control power switch technologies, track integrity circuit technologies, and other new or novel railroad 

safety technology. 

‘‘(b) GRANT CRITERIA.— 

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

this section to eligible passenger and freight railroad carriers, railroad suppliers, and State and local governments for projects described in subsection (a) that have 

a public benefit of improved safety and network efficiency. 

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

projects that— 

‘‘(A) focus on making technologies interoperable between railroad systems, such as train control 

technologies; 

‘‘(B) accelerate train control technology deployment on high-risk corridors, such as those that have 

high volumes of hazardous materials shipments or 

over which commuter or passenger trains operate; 

or 
27 

•HRES 1492 EH 

‘‘(C) benefit both passenger and freight safety 

and efficiency. 

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

awarded under this section to entities that fail to develop 

and submit to the Secretary the plans required by sections 20156(e)(2) and 20157. 

‘‘(4) MATCHING REQUIREMENTS.—Federal funds 

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

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

authorized to be appropriated to the Secretary of Transportation $50,000,000 for each of fiscal years 2009 through 

2013 to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

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

is further amended by inserting after the item relating to section 20157 the following: 

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

SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS. 

Not later than December 31, 2008, and annually thereafter, the Secretary shall transmit a report to the House of 

Representatives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, 

and Transportation on the specific actions taken to imple-
28 

•HRES 1492 EH 

ment unmet statutory mandates regarding railroad safety 

and each open railroad safety recommendation made by the 

National Transportation Safety Board or the Department’s 

Inspector General. 

SEC. 107. RULEMAKING PROCESS. 

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

amended by inserting after section 20115 the following new 

section: 

‘‘§ 20116. Rulemaking process 

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

part shall be effective if it incorporates by reference a code, 

rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless the date on which the code, rule, standard, 

requirement, or practice was adopted is specifically cited in 

the rule or order, or the code, rule, standard, requirement, 

or practice has been subject to notice and comment under a 

rule or order issued under this part.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201 is amended by inserting after the item relating to section 20115 the following: 

‘‘20116. Rulemaking process.’’. 

SEC. 108. HOURS-OF-SERVICE REFORM. 

(a) CHANGE IN DEFINITION OF SIGNAL EMPLOYEE.— 

Section 21101(4) is amended by striking ‘‘employed by a railroad carrier’’. 
29 

•HRES 1492 EH 

(b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOYEES.—Section 21103 is amended— 

(1) by striking subsection (a) and inserting the following: 

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

of this section, a railroad carrier and its officers and agents 

may not require or allow a train employee to— 

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

transportation, be in deadhead transportation from a 

duty assignment to the place of final release, or be in 

any other mandatory service for the carrier in any calendar month where the employee has spent a total of 

276 hours— 

‘‘(A) on duty; 

‘‘(B) waiting for deadhead transportation, or 

in deadhead transportation from a duty assignment 

to the place of final release; or 

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

carrier; 

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

12 consecutive hours; 

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

had at least 10 consecutive hours off duty during the 

prior 24 hours; or 
30 

•HRES 1492 EH 

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

initiated an on-duty period each day for— 

‘‘(A) 6 consecutive days, unless that employee 

has had at least 48 consecutive hours off duty at 

the employee’s home terminal during which time the 

employee is unavailable for any service for any railroad carrier except that— 

‘‘(i) an employee may work a seventh consecutive day if that employee completed his or 

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

sixth consecutive day at a terminal other than 

his or her home terminal; and 

‘‘(ii) any employee who works a seventh 

consecutive day pursuant to subparagraph (i) 

shall have at least 72 consecutive hours off 

duty at the employee’s home terminal during 

which time the employee is unavailable for any 

service for any railroad carrier; or 

‘‘(B) except as provided in subparagraph (A), 

7 consecutive days, unless that employee has had at 

least 72 consecutive hours off duty at the employee’s home terminal during which time the employee 

is unavailable for any service for any railroad carrier, if— 
31 

•HRES 1492 EH 

‘‘(i) for a period of 18 months following 

the date of enactment of the Rail Safety Improvement Act of 2008, an existing collective 

bargaining agreement expressly provides for 

such a schedule or, following the expiration of 

18 months after the date of enactment of the 

Rail Safety Improvement Act of 2008, collective bargaining agreements entered into during 

such period expressly provide for such a schedule; 

‘‘(ii) such a schedule is provided for by a 

pilot program authorized by a collective bargaining agreement; or 

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

pilot program under section 21108 of this 

chapter related to employees’ work and rest cycles. 

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

procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such 

an arrangement is in the public interest and consistent with 

railroad safety.’’; 

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

and inserting after subsection (b) the following: 
32 

•HRES 1492 EH 

‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST

REQUIREMENT.— 

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

employee— 

‘‘(A) to exceed a total of 40 hours per calendar 

month spent— 

‘‘(i) waiting for deadhead transportation; 

or 

‘‘(ii) in deadhead transportation from a 

duty assignment to the place of final release, 

following a period of 12 consecutive hours on duty 

that is neither time on duty nor time off duty, not 

including interim rest periods, during the period 

from the date of enactment of the Rail Safety Improvement Act of 2008 to one year after such date 

of enactment; and 

‘‘(B) to exceed a total of 30 hours per calendar 

month spent— 

‘‘(i) waiting for deadhead transportation; 

or 

‘‘(ii) in deadhead transportation from a 

duty assignment to the place of final release, 

following a period of 12 consecutive hours on duty 

that is neither time on duty nor time off duty, not 

including interim rest periods, during the period be-
33 

•HRES 1492 EH 

ginning one year after the date of enactment of the 

Rail Safety Improvement Act of 2008 except that 

the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section 21109. 

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

unless the train carrying the employee is directly delayed 

by— 

‘‘(A) a casualty; 

‘‘(B) an accident; 

‘‘(C) an act of God; 

‘‘(D) a derailment; 

‘‘(E) a major equipment failure that prevents 

the train from advancing; or 

‘‘(F) a delay resulting from a cause unknown 

and unforeseeable to a railroad carrier or its officer 

or agent in charge of the employee when the employee left a terminal. 

‘‘(3) Each railroad carrier shall report to the Secretary, in accordance with procedures established by the 

Secretary, each instance where an employee subject to 

this section spends time waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release in excess of the requirements of paragraph (1). 
34 

•HRES 1492 EH 

‘‘(4) If— 

‘‘(A) the time spent waiting for deadhead 

transportation or in deadhead transportation from a 

duty assignment to the place of final release that is 

not time on duty, plus 

‘‘(B) the time on duty, 

exceeds 12 consecutive hours, the railroad carrier and its 

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

which such sum exceeds 12 hours.’’; and 

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

‘‘(e) COMMUNICATION DURING TIME OFF DUTY.—During a train employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a) or during an 

interim period of at least 4 consecutive hours available for 

rest under subsection (b)(7) or during additional off-duty 

hours under subsection (c)(4), a railroad carrier, and its officers and agents, shall not communicate with the train employee by telephone, by pager, or in any other manner that 

could reasonably be expected to disrupt the employee’s rest. 

Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as 

defined by the Secretary. The Secretary may waive the requirements of this paragraph for commuter or intercity passenger railroads if the Secretary determines that such a waiv-
35 

•HRES 1492 EH 

er will not reduce safety and is necessary to maintain such 

railroads’ efficient operations and on-time performance of its 

trains.’’. 

(c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOYEES.—Section 21104 is amended— 

(1) by striking subsection (a) and inserting the following: 

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

of this section, a railroad carrier and its officers and agents 

may not require or allow its signal employees to remain or 

go on duty and a contractor or subcontractor to a railroad 

carrier and its officers and agents may not require or allow 

its signal employees to remain or go on duty — 

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

or 

‘‘(2) unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours.’’; 

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

of that time spent returning from the final trouble call 

of a period of continuous or broken service is time off 

duty.’’ in subsection (b)(3) and inserting ‘‘duty.’’; 

(3) by inserting ‘‘A signal employee may not be allowed to remain or go on duty under the emergency authority provided under this subsection to conduct routine 
36 

•HRES 1492 EH 

repairs, routine maintenance, or routine inspection of 

signal systems.’’ after ‘‘service.’’ in subsection (c); and 

(4) by adding at the end the following: 

‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), a railroad 

carrier or a contractor or subcontractor to a railroad carrier, 

and its officers and agents, shall not communicate with the 

signal employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary. 

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

and rest periods of signal employees shall be governed exclusively by this chapter. Signal employees operating motor vehicles shall not be subject to any hours of service rules, duty 

hours or rest period rules promulgated by any Federal authority, including the Federal Motor Carrier Safety Administration, other than the Federal Railroad Administration.’’. 

(d) ALTERNATE HOURS OF SERVICE REGIME.— 

(1) APPLICATION OF HOURS OF SERVICE REGIME.— 

Section 21102 is amended— 

(A) by striking the section caption and inserting the following: 
37 

•HRES 1492 EH 

‘‘§ 21102. Nonapplication, exemption, and alternate hours 

of service regime’’; and 

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

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

COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN

EMPLOYEES.— 

‘‘(1) When providing commuter rail passenger 

transportation or intercity rail passenger transportation, 

the limitations on duty hours for train employees of railroad carriers, including public authorities operating passenger service, shall be solely governed by old section 

21103 until the earlier of— 

‘‘(A) the effective date of regulations prescribed by the Secretary under section 21109(b) of 

this chapter; or 

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

of enactment of the Rail Safety Improvement Act of 

2008. 

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

ceases to apply, pursuant to paragraph (1), to the limitations on duty hours for train employees of railroad 

carriers with respect to the provision of commuter rail 

passenger transportation or intercity rail passenger 

transportation, the limitations on duty hours for train 

employees of such railroad carriers shall be governed by 

new section 21103, except as provided in paragraph (3). 
38 

•HRES 1492 EH 

‘‘(3) After the effective date of the regulations prescribed by the Secretary under section 21109(b) of this 

title, such carriers shall— 

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

for train employees with respect to the provision of 

commuter rail passenger transportation or intercity 

rail passenger transportation as prescribed by such 

regulations; and 

‘‘(B) be exempt from complying with the provisions of old section 21103 and new section 21103 

for such employees. 

‘‘(4) In this subsection: 

‘‘(A) The terms ‘commuter rail passenger 

transportation’ and ‘intercity rail passenger transportation’ have the meaning given those terms in 

section 24102 of this title. 

‘‘(C) The term ‘new section 21103’ means section 21103 of this chapter as amended by the Rail 

Safety Improvement Act of 2008. 

‘‘(D) The term ‘old section 21103’ means section 21103 of this chapter as it was in effect on the 

day before the enactment of that Act.’’. 

(2) CONFORMING AMENDMENT.—The chapter analysis for chapter 211 is amended by striking the item relating to section 21102 and inserting the following: 

‘‘21102. Nonapplication, exemption, and alternate hours of service regime.’’. 
39 

•HRES 1492 EH 

(e) REGULATORY AUTHORITY.— 

(1) IN GENERAL.—Chapter 211 is amended by adding at the end thereof the following: 

‘‘§ 21109. Regulatory authority 

‘‘(a) IN GENERAL.—In order to improve safety and reduce employee fatigue, the Secretary may prescribe regulations— 

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

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

a level less than the level established under this chapter; 

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

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

the level established under this chapter; 

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

employee spends waiting for deadhead transportation or 

in deadhead transportation from a duty assignment to 

the place of final release that is considered neither on 

duty nor off duty under this chapter; 

‘‘(4) for signal employees— 

‘‘(A) to limit or eliminate the amount of time 

that is considered to be neither on duty nor off duty 

under this chapter that an employee spends returning from an outlying worksite after scheduled duty 

hours or returning from a trouble call to the em-
40 

•HRES 1492 EH 

ployee’s headquarters or directly to the employee’s 

residence; and 

‘‘(B) to increase the amount of time that constitutes a release period, that does not break the 

continuity of service and is considered time off 

duty; and 

‘‘(5) to require other changes to railroad operating 

and scheduling practices, including unscheduled duty 

calls, that could affect employee fatigue and railroad 

safety. 

‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY

PASSENGER RAILROAD CARRIERS.—Within 3 years after the 

date of enactment of the Rail Safety Improvement Act of 

2008, the Secretary shall prescribe regulations and issue orders to establish hours of service requirements for train employees engaged in commuter rail passenger transportation 

and intercity rail passenger transportation (as defined in section 24102 of this title) that may differ from the requirements of this chapter. Such regulations and orders may address railroad operating and scheduling practices, including 

unscheduled duty calls, communications during time off duty, 

and time spent waiting for deadhead transportation or in 

deadhead transportation from a duty assignment to the place 
41 

•HRES 1492 EH 

of final release, that could affect employee fatigue and railroad safety. 

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

subsection (a) the Secretary shall consider scientific and medical research related to fatigue and fatigue abatement, railroad scheduling and operating practices that improve safety 

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

technology intended to reduce or eliminate human error, the 

variations in freight and passenger railroad scheduling practices and operating conditions, the variations in duties and 

operating conditions for employees subject to this chapter, a 

railroad’s required or voluntary use of fatigue management 

plans covering employees subject to this chapter, and any 

other relevant factors. 

‘‘(d) TIME LIMITS.— 

‘‘(1) If the Secretary determines that regulations 

are necessary under subsection (a), the Secretary shall 

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

reasonable time period in which to complete the task. 

‘‘(2) If the Secretary requests that the Railroad 

Safety Advisory Committee accept the task of developing 

regulations under subsection (b) and the Committee accepts the task, the Committee shall reach consensus on 
42 

•HRES 1492 EH 

the rulemaking within 18 months after accepting the 

task. If the Committee does not reach consensus within 

18 months after the Secretary makes the request, the 

Secretary shall prescribe appropriate regulations within 

18 months. 

‘‘(3) If the Secretary does not request that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary 

shall prescribe regulations within 3 years after the date 

of enactment of the Rail Safety Improvement Act of 

2008. 

‘‘(e) PILOT PROJECTS.— 

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

the date of enactment of the Rail Safety Improvement 

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

projects of sufficient size and scope to analyze specific 

practices which may be used to reduce fatigue for train 

and engine and other railroad employees as follows: 

‘‘(A) A pilot project at a railroad or railroad 

facility to evaluate the efficacy of communicating to 

employees notice of their assigned shift time 10 

hours prior to the beginning of their assigned shift 

as a method for reducing employee fatigue. 

‘‘(B) A pilot project at a railroad or railroad 

facility to evaluate the efficacy of requiring rail-
43 

•HRES 1492 EH 

roads who use employee scheduling practices that 

subject employees to periods of unscheduled duty 

calls to assign employees to defined or specific unscheduled call shifts that are followed by shifts not 

subject to call, as a method for reducing employee 

fatigue. 

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

waive the requirements of this section, if necessary, to 

complete a pilot project under this subsection. 

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

‘duty call’ means a telephone call that a railroad places to an 

employee to notify the employee of his or her assigned shift 

time.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) The chapter analysis for chapter 211 is 

amended by adding at the end thereof the following: 

‘‘21109. Regulatory authority.’’. 

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

is amended by inserting ‘‘including section 21103 

(as such section was in effect on the day before the 

date of enactment of the Rail Safety Improvement 

Act of 2008),’’ after ‘‘this title,’’ the second place 

it appears. 

(f) RECORD KEEPING AND REPORTING.— 

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

the date of enactment of this Act, the Secretary shall 
44 

•HRES 1492 EH 

prescribe a regulation revising the requirements for recordkeeping and reporting for Hours of Service of Railroad Employees contained in part 228 of title 49, Code 

of Federal Regulations— 

(A) to adjust record keeping and reporting requirements to support compliance with chapter 211 

of title 49, United States Code, as amended by this 

Act; 

(B) to authorize electronic record keeping, and 

reporting of excess service, consistent with appropriate considerations for user interface; and 

(C) to require training of affected employees 

and supervisors, including training of employees in 

the entry of hours of service data. 

(2) PROCEDURE.—In lieu of issuing a notice of proposed rulemaking as contemplated by section 553 of title 

5, United States Code, the Secretary may utilize the 

Railroad Safety Advisory Committee to assist in development of the regulation. The Secretary may propose and 

adopt amendments to the revised regulations thereafter 

as may be necessary in light of experience under the revised requirements. 

(g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIMITATION CHANGES.—The amendments made by subsections 
45 

•HRES 1492 EH 

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

enactment of this Act. 

SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES 

INFORMATION. 

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

amended by adding at the end thereof the following: 

‘‘§ 20118. Prohibition on public disclosure of railroad 

safety analysis records 

‘‘(a) IN GENERAL.—Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of 

any record (including, but not limited to, a railroad carrier’s 

analysis of its safety risks and its statement of the mitigation 

measures it has identified with which to address those risks) 

that the Secretary has obtained pursuant to a provision of, 

or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad 

safety risk reduction program or pilot program is exempt 

from the requirements of section 552 of title 5 if the record 

is— 

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

safety risk reduction program or pilot program; or 

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

an officer, employee, or agent of the Secretary pursuant 

to that safety risk reduction program or pilot program. 
46 

•HRES 1492 EH 

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

Secretary may disclose any part of any record comprised of 

facts otherwise available to the public if, in the Secretary’s 

sole discretion, the Secretary determines that disclosure 

would be consistent with the confidentiality needed for that 

safety risk reduction program or pilot program. 

‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.— 

The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders 

under, this chapter if the Secretary determines that the prohibition of public disclosure is necessary to promote railroad 

safety. 

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

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

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

interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery 

or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful 

death against a carrier any report, survey, schedule, list, or 

data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the 
47 

•HRES 1492 EH 

mitigation measures with which it will address those risks. In 

conducting this study, the Secretary shall solicit input from 

the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the 

general public. 

‘‘(b) AUTHORITY.—Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons 

injured in railroad accidents, may prescribe a rule subject to 

notice and comment to address the results of the study. Any 

such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201 is amended by inserting after the item relating to section 20117 the following: 

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

‘‘20119. Study on use of certain reports and surveys.’’. 

SEC. 110. PILOT PROJECTS. 

Section 21108 is amended to read as follows: 

‘‘§ 21108. Pilot projects 

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

Rail Safety Improvement Act of 2008, a railroad carrier or 

railroad carriers and all nonprofit employee labor organizations representing any class or craft of directly affected covered service employees of the railroad carrier or railroad car-
48 

•HRES 1492 EH 

riers, may jointly petition the Secretary of Transportation for 

approval of— 

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

effect on the date of enactment of the Rail Safety Improvement Act of 2008; or 

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

will be effective 9 months after the enactment of the 

Rail Safety Improvement Act of 2008, 

to enable the establishment of one or more pilot projects to 

demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this 

chapter, including requirements concerning maximum on-duty 

and minimum off-duty periods. 

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

notice and opportunity for comment, approve such waivers 

described in subsection (a) for a period not to exceed two 

years, if the Secretary determines that such a waiver of compliance is in the public interest and is consistent with railroad 

safety. 

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

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

years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register. 
49 

•HRES 1492 EH 

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

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives, no later 

than December 31, 2012, or, if no projects are completed 

prior to December 31, 2012, no later than 6 months after the 

completion of a pilot project, a report that— 

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

pilot project established pursuant to a waiver granted 

under subsection (a); 

‘‘(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, 

if any; and 

‘‘(3) recommends any appropriate legislative 

changes to this chapter. 

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

term ‘directly affected covered service employees’ means covered service employees to whose hours of service the terms of 

the waiver petitioned for specifically apply.’’. 
50 

•HRES 1492 EH 

TITLE II—HIGHWAY-RAIL GRADE 

CROSSING AND PEDESTRIAN 

SAFETY AND TRESPASSER PREVENTION 

SEC. 201. PEDESTRIAN CROSSING SAFETY. 

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

Act, the Secretary shall provide guidance to railroads on 

strategies and methods to prevent pedestrian accidents, incidents, injuries, and fatalities at or near passenger stations, 

including— 

(1) providing audible warning of approaching trains 

to the pedestrians at railroad passenger stations; 

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

warn pedestrians of approaching trains; 

(3) installing infrastructure at pedestrian crossings 

to improve the safety of pedestrians crossing railroad 

tracks; 

(4) installing fences to prohibit access to railroad 

tracks; and 

(5) other strategies or methods as determined by 

the Secretary. 

SEC. 202. STATE ACTION PLANS. 

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

of enactment of this Act, the Secretary shall identify the 10 

States that have had the most highway-rail grade crossing 
51 

•HRES 1492 EH 

collisions, on average, over the past 3 years and require those 

States to develop a State grade crossing action plan within 

a reasonable period of time, as determined by the Secretary. 

The plan shall identify specific solutions for improving safety 

at crossings, including highway-rail grade crossing closures or 

grade separations, and shall focus on crossings that have experienced multiple accidents or are at high risk for such accidents. The Secretary shall provide assistance to the States in 

developing and carrying out, as appropriate, the plan. The 

plan may be coordinated with other State or Federal planning requirements and shall cover a period of time determined to be appropriate by the Secretary. The Secretary may 

condition the awarding of any grants under section 20158, 

20167, or 22501 of title 49, United States Code, to a State 

identified under this section on the development of such 

State’s plan. 

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

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

Secretary shall review and approve or disapprove it. If the 

proposed plan is disapproved, the Secretary shall notify the 

affected State as to the specific areas in which the proposed 

plan is deficient, and the State shall correct all deficiencies 

within 30 days following receipt of written notice from the 

Secretary. 
52 

•HRES 1492 EH 

SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAYRAIL GRADE CROSSINGS. 

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

amended by section 105 of this division, is further amended 

by inserting after section 20158 the following: 

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

grade crossings 

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

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

after consultation with the Federal Railroad Administration, 

the Federal Highway Administration, and States, shall develop and make available to States model legislation providing 

for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and 

standing railroad equipment, at highway-rail grade crossings 

that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of 

Transportation in Report No. MH–2007–044.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

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

is amended by inserting after the item relating to section 

20158 the following new item: 

‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’. 
53 

•HRES 1492 EH 

SEC. 204. NATIONAL CROSSING INVENTORY. 

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

amended by section 203 of this division, is further amended 

by adding at the end the following new section: 

‘‘§ 20160. National crossing inventory 

‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1 year 

after the date of enactment of the Rail Safety Improvement 

Act of 2008 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall— 

‘‘(1) report to the Secretary of Transportation current information, including information about warning 

devices and signage, as specified by the Secretary, concerning each previously unreported crossing through 

which it operates or with respect to the trackage over 

which it operates; or 

‘‘(2) ensure that the information has been reported 

to the Secretary by another railroad carrier that operates through the crossing. 

‘‘(b) UPDATING OF CROSSING INFORMATION.— 

‘‘(1) On a periodic basis beginning not later than 2 

years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 

of every year thereafter, or as otherwise specified by the 

Secretary, each railroad carrier shall— 
54 

•HRES 1492 EH 

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

including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates or with respect to the 

trackage over which it operates; or 

‘‘(B) ensure that the information has been reported 

to the Secretary by another railroad carrier that operates through the crossing. 

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

of a crossing on or after the date of enactment of the Rail 

Safety Improvement Act of 2008 shall, not later than the 

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

Act or 3 months after the sale, whichever occurs later, or as 

otherwise specified by the Secretary, report to the Secretary 

current information, as specified by the Secretary, concerning 

the change in ownership of the crossing or part of the crossing. 

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

prescribe the regulations necessary to implement this section. 

The Secretary may enforce each provision of the Department 

of Transportation’s statement of the national highway-rail 

crossing inventory policy, procedures, and instruction for 

States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such 
55 

•HRES 1492 EH 

provision is superseded by a regulation issued under this section. 

‘‘(d) DEFINITIONS.—In this section: 

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

more railroad tracks cross one or more railroad tracks 

either at grade or grade-separated, where— 

‘‘(A) a public highway, road, or street, or a private roadway, including associated sidewalks and 

pathways, crosses one or more railroad tracks either 

at grade or grade-separated; or 

‘‘(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated 

for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated 

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

roadway, crosses one or more railroad tracks either 

at grade or grade-separated. 

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

the United States, the District of Columbia, or the Commonwealth of Puerto Rico.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

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

is amended by inserting after the item relating to section 

20159 the following: 

‘‘20160. National crossing inventory.’’. 
56 

•HRES 1492 EH 

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

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

following: 

‘‘(l) NATIONAL CROSSING INVENTORY.— 

‘‘(1) INITIAL REPORTING OF CROSSING INFORMATION.—Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 

within 6 months of a new crossing becoming operational, 

whichever occurs later, each State shall report to the 

Secretary of Transportation current information, including information about warning devices and signage, as 

specified by the Secretary, concerning each previously 

unreported public crossing located within its borders. 

‘‘(2) PERIODIC UPDATING OF CROSSING INFORMATION.—On a periodic basis beginning not later than 2 

years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 

of every year thereafter, or as otherwise specified by the 

Secretary, each State shall report to the Secretary current information, including information about warning 

devices and signage, as specified by the Secretary, concerning each public crossing located within its borders. 

‘‘(3) RULEMAKING AUTHORITY.—The Secretary 

shall prescribe the regulations necessary to implement 

this subsection. The Secretary may enforce each provi-
57 

•HRES 1492 EH 

sion of the Department of Transportation’s statement of 

the national highway-rail crossing inventory policy, procedures, and instructions for States and railroads that is 

in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this subsection. 

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

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

a State, other than a location where one or more 

railroad tracks cross one or more railroad tracks either at grade or grade-separated, where— 

‘‘(i) a public highway, road, or street, including associated sidewalks and pathways, 

crosses one or more railroad tracks either at 

grade or grade-separated; or 

‘‘(ii) a publicly owned pathway explicitly 

authorized by a public authority or a railroad 

carrier and dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, 

and others, that is not associated with a public 

highway, road, or street, or a private roadway, 

crosses one or more railroad tracks either at 

grade or grade-separated; and 

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

States, the District of Columbia, or Puerto Rico.’’. 
58 

•HRES 1492 EH 

(d) CIVIL PENALTIES.— 

(1) Section 21301(a)(1) is amended— 

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

‘‘comply’’ in the first sentence; and 

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

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

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

‘‘The Secretary shall impose a civil penalty for a violation of section 20160 of this title.’’ after the first sentence. 

SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING 

PROBLEMS. 

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

follows: 

‘‘§ 20152. Notification of grade crossing problems 

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

date of enactment of the Rail Safety Improvement Act of 

2008, the Secretary of Transportation shall require each railroad carrier to— 

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

service for rights-of-way over which it dispatches trains, 

to directly receive calls reporting— 

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

and other devices to promote safety at the grade 
59 

•HRES 1492 EH 

crossing of railroad tracks on those rights-of-way 

and public or private roads; 

‘‘(B) disabled vehicles blocking railroad tracks 

at such grade crossings; 

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

a vehicle operator for a reasonable distance in either direction of a train’s approach; or 

‘‘(D) other safety information involving such 

grade crossings; 

‘‘(2) upon receiving a report pursuant to paragraph 

(1)(A) or (B), immediately contact trains operating near 

the grade crossing to warn them of the malfunction or 

disabled vehicle; 

‘‘(3) upon receiving a report pursuant to paragraph 

(1)(A) or (B), and after contacting trains pursuant to 

paragraph (2), contact, as necessary, appropriate public 

safety officials having jurisdiction over the grade crossing to provide them with the information necessary for 

them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities as appropriate; 

‘‘(4) upon receiving a report pursuant to paragraph 

(1)(C) or (D), timely investigate the report, remove the 

obstruction if possible, or correct the unsafe circumstance; and 
60 

•HRES 1492 EH 

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

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

signs, on which shall appear, at a minimum— 

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

for placing calls described in paragraph (1) to the 

railroad carrier dispatching trains on that right-ofway; 

‘‘(B) an explanation of the purpose of that tollfree telephone number; and 

‘‘(C) the grade crossing number assigned for 

that crossing by the National Highway-Rail Crossing Inventory established by the Department of 

Transportation. 

‘‘(b) WAIVER.—The Secretary may waive the requirement that the telephone service be toll-free for Class II and 

Class III rail carriers if the Secretary determines that tollfree service would be cost prohibitive or unnecessary.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201 is amended by striking the item relating to 

section 20152 and inserting the following: 

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

SEC. 206. OPERATION LIFESAVER. 

(a) GRANT.—The Federal Railroad Administration shall 

make a grant or grants to Operation Lifesaver to carry out 

a public information and education program to help prevent 

and reduce pedestrian, motor vehicle, and other accidents, in-
61 

•HRES 1492 EH 

cidents, injuries, and fatalities, and to improve awareness 

along railroad rights-of-way and at highway-rail grade crossings. The program shall include, as appropriate, development, 

placement, and dissemination of Public Service Announcements in newspaper, radio, television, and other media. The 

program shall also include, as appropriate, school presentations, brochures and materials, support for public awareness campaigns, and related support for the activities of Operation Lifesaver’s member organizations. As part of an educational program funded by grants awarded under this section, Operation Lifesaver shall provide information to the 

public on how to identify and report to the appropriate authorities unsafe or malfunctioning highway-rail grade crossings. 

(b) PILOT PROGRAM.—The Secretary may allow funds 

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

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

Railroad Safety Public Awareness Program, that addresses 

the need for targeted and sustained community outreach on 

the subjects described in subsection (a). Such a pilot program 

shall be established in 1 or more States identified under section 202 of this division. In carrying out such a pilot program 

Operation Lifesaver shall work with the State, community 

leaders, school districts, and public and private partners to 

identify the communities at greatest risk, to develop appro-
62 

•HRES 1492 EH 

priate measures to reduce such risks, and shall coordinate the 

pilot program with the State grade crossing action plan. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Federal Railroad Administration for carrying out this section— 

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

2011; and 

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

2013. 

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

GRADE CROSSING SAFETY. 

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

adding at the end thereof the following: 

‘‘CHAPTER 225—FEDERAL GRANTS TO 

STATES FOR HIGHWAY-RAIL GRADE 

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. 

‘‘§ 22501. Financial assistance to States for certain 

projects 

‘‘The Secretary of Transportation shall make grants— 

‘‘(1) to a maximum of 3 States per year for development or continuance of enhanced public education and 

awareness activities, in combination with targeted law 
63 

•HRES 1492 EH 

enforcement, to significantly reduce violations of traffic 

laws at highway-rail grade crossings and to help prevent 

and reduce injuries and fatalities along railroad rightsof-way; and 

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

crossing safety improvements, including the installation, 

repair, or improvement of— 

‘‘(A) railroad crossing signals, gates, and related technologies, including median barriers and 

four quadrant gates; 

‘‘(B) highway traffic signalization, including 

highway signals tied to railroad signal systems; 

‘‘(C) highway lighting and crossing approach 

signage; 

‘‘(D) roadway improvements, including railroad 

crossing panels and surfaces; and 

‘‘(E) related work to mitigate dangerous conditions. 

‘‘§ 22502. Distribution 

‘‘The Secretary shall provide the grants to the State 

agency or agencies responsible for highway-rail grade crossing 

safety. 

‘‘§ 22503. Standards for awarding grants 

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

provide grants under section 22501(1) based upon the merits 
64 

•HRES 1492 EH 

of the proposed program of activities provided by the State 

and upon a determination of where the grants will provide 

the greatest safety benefits. The Secretary may give priority 

to States that have developed and implemented a State grade 

crossing action plan, as described under section 202 of the 

Rail Safety Improvement Act of 2008. 

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

provide grants to State and local governments under section 

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

been a highway-rail grade crossing collision within the previous two years involving major loss of life or multiple serious 

bodily injuries. 

‘‘§ 22504. Use of funds 

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

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

and continue to measure the effectiveness of a dedicated program of public education and enforcement of highway-rail 

crossing safety laws and to prevent casualties along railroad 

rights-of-way. The Secretary may not make a grant under 

this chapter available to assist a State or political subdivision 

thereof in establishing or continuing a quiet zone pursuant to 

part 222 of title 49, Code of Federal Regulations. 
65 

•HRES 1492 EH 

‘‘(b) MAXIMUM GRANT AMOUNT UNDER SECTION

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

exceed $250,000. 

‘‘§ 22505. Authorization of appropriations 

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

to carry out the provisions of section 22501(1) of this chapter. There are authorized to be appropriated to the Secretary 

$1,500,000 for each of fiscal years 2010 through 2013 to 

carry out the provisions of section 22501(2) of this chapter. 

Amounts appropriated pursuant to this section shall remain 

available until expended.’’. 

(b) CONFORMING AMENDMENT.—The subtitle analysis 

for subtitle V is amended by inserting after the item relating 

to chapter 223 the following: 

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

SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL 

GRADE CROSSING SAFETY. 

(a) TRESPASSER PREVENTION AND HIGHWAY-RAIL

GRADE CROSSING WARNING SIGN VIOLATIONS.—Section 

20151 is amended— 

(1) by striking the section heading and inserting the 

following: 
66 

•HRES 1492 EH 

‘‘§ 20151. Railroad trespassing, vandalism, and highwayrail grade crossing warning sign violation 

prevention strategy’’; 

(2) by striking subsection (a) and inserting the following: 

‘‘(a) EVALUATION OF EXISTING LAWS.—In consultation 

with affected parties, the Secretary of Transportation shall 

evaluate and review current local, State, and Federal laws regarding trespassing on railroad property, vandalism affecting 

railroad safety, and violations of highway-rail grade crossing 

signs, signals, markings, or other warning devices and develop model prevention strategies and enforcement laws to be 

used for the consideration of State and local legislatures and 

governmental entities. The first such evaluation and review 

shall be completed within 1 year after the date of enactment 

of the Rail Safety Improvement Act of 2008. The Secretary 

shall revise the model prevention strategies and enforcement 

codes periodically.’’; 

(3) by inserting ‘‘FOR TRESPASSING AND VANDALISM PREVENTION’’ in the subsection heading of subsection (b) after ‘‘OUTREACH PROGRAM’’; 

(4) in subsection (c)— 

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

subparagraphs (A) and (B), respectively; 

(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEGISLATION.—’’; and 
67 

•HRES 1492 EH 

(C) by adding at the end the following new 

paragraph: 

‘‘(2) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with State and local governments 

and railroad carriers, shall develop and make available to 

State and local governments model State legislation providing 

for civil or criminal penalties, or both, for violations of highway-rail grade crossing signs, signals, markings, or other 

warning devices.’’; and 

(5) by adding at the end the following new subsection: 

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

highway-rail grade crossing signs, signals, markings, or other 

warning devices’ includes any action by a motorist, unless directed by an authorized safety officer— 

‘‘(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks; 

‘‘(2) to drive through a flashing grade crossing signal; 

‘‘(3) to drive through a grade crossing with passive 

warning signs without ensuring that the grade crossing 

could be safely crossed before any train arrived; and 
68 

•HRES 1492 EH 

‘‘(4) in the vicinity of a grade crossing, who creates 

a hazard of an accident involving injury or property 

damage at the grade crossing.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201 is amended by striking the item relating to 

section 20151 and inserting the following: 

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

(c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS FOR

DISTRIBUTION.—Section 20134(a) is amended by adding at 

the end the following: ‘‘The Secretary may purchase items of 

nominal value and distribute them to the public without 

charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highwayrail crossings and to preventing trespass on railroad rights of 

way, and the Secretary shall prescribe guidelines for the administration of this authority.’’. 

SEC. 209. ACCIDENT AND INCIDENT REPORTING. 

The Federal Railroad Administration shall conduct an 

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

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

every 5 years to ensure that all grade crossing collisions and 

fatalities are reported to any Federal national accident database. 
69 

•HRES 1492 EH 

SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO 

IMPROVE SAFETY AT HIGHWAY-RAIL GRADE 

CROSSINGS. 

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

amended by section 204 of this division, is further amended 

by adding at the end the following: 

‘‘§ 20161. Fostering introduction of new technology to improve safety at highway-rail grade crossings 

‘‘(a) FINDINGS.— 

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

highway-rail grade crossings continue to cause an unacceptable loss of life, serious personal injury, and property damage. 

‘‘(2) While elimination of at-grade crossings 

through consolidation of crossings and grade separations 

offers the greatest long-term promise for optimizing the 

safety and efficiency of the two modes of transportation, 

over 140,000 public grade crossings remain on the general rail system—approximately one for each route mile 

on the general rail system. 

‘‘(3) Conventional highway traffic control devices 

such as flashing lights and gates are often effective in 

warning motorists of a train’s approach to an equipped 

crossing. 

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

1973, over $4,200,000,000 of Federal funding has been 
70 

•HRES 1492 EH 

invested in safety improvements at highway-rail grade 

crossings, yet a majority of public highway-rail grade 

crossings are not yet equipped with active warning systems. 

‘‘(5) The emergence of new technologies presents 

opportunities for more effective and affordable warnings 

and safer passage of highway users and trains at remaining highway-rail grade crossings. 

‘‘(6) Implementation of new crossing safety technology will require extensive cooperation between highway authorities and railroad carriers. 

‘‘(7) Federal Railroad Administration regulations 

establishing performance standards for processor-based 

signal and train control systems provide a suitable 

framework for qualification of new or novel technology at 

highway-rail grade crossings, and the Federal Highway 

Administration’s Manual on Uniform Traffic Control 

Devices provides an appropriate means of determining 

highway user interface with such new technology. 

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

encourage the development of new technology that can prevent loss of life and injuries at highway-rail grade crossings. 

The Secretary of Transportation is designated to carry out 

this policy in consultation with States and necessary public 

and private entities. 
71 

•HRES 1492 EH 

‘‘(c) SUBMISSION OF NEW TECHNOLOGY PROPOSALS.— 

Railroad carriers and railroad suppliers may submit for review and approval to the Secretary such new technology designed to improve safety at highway-rail grade crossings. The 

Secretary shall approve by order the new technology designed 

to improve safety at highway-rail grade crossings in accordance with Federal Railroad Administration standards for the 

development and use of processor-based signal and train control systems and shall consider the effects on safety of highway-user interface with the new technology. 

‘‘(d) EFFECT OF SECRETARIAL APPROVAL.—If the Secretary approves by order new technology to provide warning 

to highway users at a highway-rail grade crossing and such 

technology is installed at a highway-rail grade crossing in accordance with the conditions of the approval, this determination preempts any State statute or regulation concerning the 

adequacy of the technology in providing warning at the crossing.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

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

is further amended by inserting after the item relating to section 20160, the following: 

‘‘20161. Fostering introduction of new technology to improve safety at highwayrail grade crossings.’’. 
72 

•HRES 1492 EH 

TITLE III—FEDERAL RAILROAD 

ADMINISTRATION 

SEC. 301. HUMAN CAPITAL INCREASES. 

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

number of Federal Railroad Administration employees by— 

(1) 50 employees in fiscal year 2009; 

(2) 50 employees in fiscal year 2010; 

(3) 50 employees in fiscal year 2011; 

(4) 25 employees in fiscal year 2012; and 

(5) 25 employees in fiscal year 2013. 

(b) FUNCTIONS.—In increasing the number of employees 

pursuant to subsection (a), the Secretary shall focus on hiring employees— 

(1) specifically trained to conduct on-site railroad 

and highway-rail grade crossing accident investigations; 

(2) to implement the Railroad Safety Strategy; 

(3) to administer and implement section 20156 of 

title 49, United States Code, relating to the Railroad 

Safety Risk Reduction Program; 

(4) to conduct routine inspections and audits of 

railroad and hazardous materials facilities and records 

for compliance with railroad safety laws and regulations; 

(5) to inspect railroad bridges, tunnels, and related 

infrastructure, and to review or analyze railroad bridge, 

tunnel, and related infrastructure inspection reports; 
73 

•HRES 1492 EH 

(6) to prevent or respond to natural or manmade 

emergency situations or events involving rail infrastructure or employees; 

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

States Code, relating to positive train control systems; 

(8) to implement section 20164 of title 49, United 

States Code, relating to the development and use of rail 

safety technology; and 

(9) to support the Federal Railroad Administration’s safety mission. 

SEC. 302. CIVIL PENALTY INCREASES. 

(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 

21301(a)(2) is amended— 

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

‘‘$25,000.’’; and 

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

‘‘$100,000.’’. 

(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER

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

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

‘‘$25,000.’’; and 

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

‘‘$100,000.’’. 
74 

•HRES 1492 EH 

(c) VIOLATIONS OF CHAPTER 211.—Section 21303(a)(2) 

is amended— 

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

‘‘$25,000.’’; and 

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

‘‘$100,000.’’. 

SEC. 303. ENFORCEMENT REPORT. 

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

amended by section 109 of this division, is amended by adding at the end the following: 

‘‘§ 20120. Enforcement report 

‘‘(a) IN GENERAL.—Beginning not later than December 

31, 2009, the Secretary of Transportation shall make available to the public and publish on its public website an annual 

report that— 

‘‘(1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that 

Federal or State inspectors conducted in the prior fiscal 

year organized by type of alleged violation, including 

track, motive power and equipment, signal, grade crossing, operating practices, accident and incidence reporting, and hazardous materials; 

‘‘(2) provides a summary of all enforcement actions 

taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including— 
75 

•HRES 1492 EH 

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

‘‘(B) the initial amount of civil penalties assessed; 

‘‘(C) the number of civil penalty cases settled; 

‘‘(D) the final amount of civil penalties assessed; 

‘‘(E) the difference between the initial and 

final amounts of civil penalties assessed; 

‘‘(F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement 

actions against individuals; 

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

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

compliance orders, emergency orders, or precursor 

agreements; 

‘‘(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the 

number and rate of reported accidents and incidents and 

railroad safety; 

‘‘(4) provide the information required by paragraphs (2) and (3)— 

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

‘‘(B) in the aggregate for— 
76 

•HRES 1492 EH 

‘‘(i) Class II railroads; 

‘‘(ii) Class III railroads; 

‘‘(iii) hazardous materials shippers; and 

‘‘(iv) individuals; 

‘‘(5) identifies the number of locomotive engineer 

certification denial or revocation cases appealed to and 

the average length of time it took to be decided by— 

‘‘(A) the Locomotive Engineer Review Board; 

‘‘(B) an Administrative Hearing Officer or Administrative Law Judge; or 

‘‘(C) the Administrator of the Federal Railroad 

Administration; 

‘‘(6) provides an explanation regarding any changes 

in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; and 

‘‘(7) includes any additional information that the 

Secretary determines is useful to improve the transparency of its enforcement program.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

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

is amended by inserting after the item relating to section 

20119 the following: 

‘‘20120. Enforcement report.’’. 
77 

•HRES 1492 EH 

SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY. 

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

personal injury’’ and inserting ‘‘death, personal injury, or significant harm to the environment’’. 

SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING 

SAFETY-SENSITIVE FUNCTIONS FOR A VIOLATION 

OF HAZARDOUS MATERIALS TRANSPORTATION 

LAW. 

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

‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING SAFETY-SENSITIVE FUNCTIONS.— 

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

51 of this title, or a regulation prescribed, or an order 

issued, by the Secretary under this part or chapter 51 

of this title is shown to make that individual unfit for 

the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a 

hearing, may issue an order prohibiting the individual 

from performing safety-sensitive functions in the railroad 

industry for a specified period of time or until specified 

conditions are met. 

‘‘(2) This subsection does not affect the Secretary’s 

authority under section 20104 of this title to act on an 

emergency basis.’’. 
78 

•HRES 1492 EH 

SEC. 306. RAILROAD RADIO MONITORING AUTHORITY. 

Section 20107 is amended by inserting at the end the 

following: 

‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 

‘‘(1) IN GENERAL.—To carry out the Secretary’s responsibilities under this part and under chapter 51, the 

Secretary may authorize officers, employees, or agents of 

the Secretary to conduct, with or without making their 

presence known, the following activities in circumstances 

the Secretary finds to be reasonable: 

‘‘(A) Intercepting a radio communication, with 

or without the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio 

frequency which is— 

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

railroad carriers by the Federal Communications Commission; and 

‘‘(ii) primarily used by such railroad carriers for communications in connection with 

railroad operations. 

‘‘(B) Communicating the existence, contents, 

substance, purport, effect, or meaning of the communication, subject to the restrictions in paragraph 

(3). 
79 

•HRES 1492 EH 

‘‘(C) Receiving or assisting in receiving the 

communication (or any information therein contained). 

‘‘(D) Disclosing the contents, substance, purport, effect, or meaning of the communication (or 

any part thereof of such communication) or using 

the communication (or any information contained 

therein), subject to the restrictions in paragraph 

(3), after having received the communication or acquired knowledge of the contents, substance, purport, effect, or meaning of the communication (or 

any part thereof). 

‘‘(E) Recording the communication by any 

means, including writing and tape recording. 

‘‘(2) ACCIDENT AND INCIDENT PREVENTION AND

INVESTIGATION.—The Secretary, and officers, employees, and agents of the Department of Transportation authorized by the Secretary, may engage in the activities 

authorized by paragraph (1) for the purpose of accident 

and incident prevention and investigation. 

‘‘(3) USE OF INFORMATION.—(A) Information obtained through activities authorized by paragraphs (1) 

and (2) shall not be admitted into evidence in any administrative or judicial proceeding except— 
80 

•HRES 1492 EH 

‘‘(i) in a prosecution of a felony under Federal 

or State criminal law; or 

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

other than the Federal Government regarding the 

existence, electronic characteristics, content, substance, purport, effect, meaning, or timing of, or 

identity of parties to, a communication intercepted 

pursuant to paragraphs (1) and (2) in proceedings 

pursuant to section 5122, 5123, 20702(b), 20111, 

20112, 20113, or 20114 of this title. 

‘‘(B) If information obtained through activities set 

forth in paragraphs (1) and (2) is admitted into evidence 

for impeachment purposes in accordance with subparagraph (A), the court, administrative law judge, or other 

officer before whom the proceeding is conducted may 

make such protective orders regarding the confidentiality 

or use of the information as may be appropriate in the 

circumstances to protect privacy and administer justice. 

‘‘(C) No evidence shall be excluded in an administrative or judicial proceeding solely because the government would not have learned of the existence of or obtained such evidence but for the interception of information that is not admissible in such proceeding under subparagraph (A). 
81 

•HRES 1492 EH 

‘‘(D) Information obtained through activities set 

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

publication or disclosure, or search or review in connection therewith, under section 552 of title 5. 

‘‘(E) Nothing in this subsection shall be construed 

to impair or otherwise affect the authority of the United 

States to intercept a communication, and collect, retain, 

analyze, use, and disseminate the information obtained 

thereby, under a provision of law other than this subsection. 

‘‘(4) APPLICATION WITH OTHER LAW.—Section 705 

of the Communications Act of 1934 (47 U.S.C. 605) and 

chapter 119 of title 18 shall not apply to conduct authorized by and pursuant to this subsection.’’. 

SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION’S 

WEBSITE. 

(a) IN GENERAL.—The Secretary shall update the Federal Railroad Administration’s public website to better facilitate the ability of the public, including those individuals who 

are not regular users of the public website, to find current 

information regarding the Federal Railroad Administration’s 

activities. 

(b) PUBLIC REPORTING OF VIOLATIONS.—On the Federal Railroad Administration’s public website’s home page, 

the Secretary shall provide a mechanism for the public to 
82 

•HRES 1492 EH 

submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the Federal Railroad Administration. 

SEC. 308. EMERGENCY WAIVERS. 

Section 20103 is amended— 

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

inserting ‘‘NONEMERGENCY WAIVERS.—’’; 

(2) by striking subsection (e) and inserting the following: 

‘‘(e) HEARINGS.—The Secretary shall conduct a hearing 

as provided by section 553 of title 5 when prescribing a regulation or issuing an order under this part, including a regulation or order establishing, amending, or providing a waiver, 

described in subsection (d), of compliance with a railroad 

safety regulation prescribed or order issued under this part. 

An opportunity for an oral presentation shall be provided.’’; 

and 

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

‘‘(g) EMERGENCY WAIVERS.— 

‘‘(1) IN GENERAL.—The Secretary may waive compliance with any part of a regulation prescribed or order 

issued under this part without prior notice and comment 

if the Secretary determines that— 

‘‘(A) it is in the public interest to grant the 

waiver; 
83 

•HRES 1492 EH 

‘‘(B) the waiver is not inconsistent with railroad safety; and 

‘‘(C) the waiver is necessary to address an actual or impending emergency situation or emergency event. 

‘‘(2) PERIOD OF WAIVER.—A waiver under this subsection may be issued for a period of not more than 60 

days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing 

on the waiver. The Secretary shall immediately revoke 

the waiver if continuation of the waiver would not be 

consistent with the goals and objectives of this part. 

‘‘(3) STATEMENT OF REASONS.—The Secretary 

shall state in the decision issued under this subsection 

the reasons for granting the waiver. 

‘‘(4) CONSULTATION.—In granting a waiver under 

this subsection, the Secretary shall consult and coordinate with other Federal agencies, as appropriate, for 

matters that may impact such agencies. 

‘‘(5) EMERGENCY SITUATION; EMERGENCY

EVENT.—In this subsection, the terms ‘emergency situation’ and ‘emergency event’ mean a natural or manmade 

disaster, such as a hurricane, flood, earthquake, 

mudslide, forest fire, snowstorm, terrorist act, biological 

outbreak, release of a dangerous radiological, chemical, 
84 

•HRES 1492 EH 

explosive, or biological material, or a war-related activity, 

that poses a risk of death, serious illness, severe injury, 

or substantial property damage. The disaster may be 

local, regional, or national in scope.’’. 

SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL. 

Section 20112(a) is amended— 

(1) by inserting ‘‘this part, except for section 20109 

of this title, or’’ in paragraph (1) after ‘‘enforce,’’; 

(2) by striking ‘‘21301’’ in paragraph (2) and inserting ‘‘21301, 21302, or 21303’’; 

(3) by striking ‘‘subpena’’ in paragraph (3) and inserting ‘‘subpoena, request for admissions, request for 

production of documents or other tangible things, or request for testimony by deposition’’; and 

(4) by striking ‘‘chapter.’’ in paragraph (3) and inserting ‘‘part.’’. 

SEC. 310. CRIMINAL PENALTIES. 

Section 21311(b) is amended to read as follows: 

‘‘(b) ACCIDENT AND INCIDENT REPORTS.—A railroad 

carrier not filing a report in violation of section 20901 of this 

title shall be fined not more than $2,500. A separate violation 

occurs for each day the violation continues.’’. 
85 

•HRES 1492 EH 

TITLE IV—RAILROAD SAFETY 

ENHANCEMENTS 

SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS. 

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

amended by section 210 of this division, is further amended 

by adding at the end the following new section: 

‘‘§ 20162. Minimum training standards and plans 

‘‘(a) IN GENERAL.—The Secretary of Transportation 

shall, not later than 1 year after the date of enactment of 

the Rail Safety Improvement Act of 2008, establish— 

‘‘(1) minimum training standards for each class and 

craft of safety-related railroad employee (as defined in 

section 20102) and equivalent railroad carrier contractor 

and subcontractor employees, which shall require railroad carriers, contractors, and subcontractors to qualify 

or otherwise document the proficiency of such employees 

in each such class and craft regarding their knowledge 

of, and ability to comply with, Federal railroad safety 

laws and regulations and railroad carrier rules and procedures promulgated to implement those Federal railroad safety laws and regulations; 

‘‘(2) a requirement that railroad carriers, contractors, and subcontractors develop and submit training 

and qualification plans to the Secretary for approval, including training programs and information deemed nec-
86 

•HRES 1492 EH 

essary by the Secretary to ensure that all safety-related 

railroad employees receive appropriate training in a 

timely manner; and 

‘‘(3) a minimum training curriculum, and ongoing 

training criteria, testing, and skills evaluation measures 

to ensure that safety-related railroad employees, and 

contractor and subcontractor employees, charged with 

the inspection of track or railroad equipment are qualified to assess railroad compliance with Federal standards to identify defective conditions and initiate immediate remedial action to correct critical safety defects 

that are known to contribute to derailments, accidents, 

incidents, or injuries, and, in implementing the requirements of this paragraph, take into consideration existing 

training programs of railroad carriers. 

‘‘(b) APPROVAL.—The Secretary shall review and approve the plans required under subsection (a)(2) utilizing an 

approval process required for programs to certify the qualification of locomotive engineers pursuant to part 240 of title 

49, Code of Federal Regulations. 

‘‘(c) EXEMPTION.—The Secretary may exempt railroad 

carriers and railroad carrier contractors and subcontractors 

from submitting training plans for which the Secretary has 

issued training regulations before the date of enactment of 

the Rail Safety Improvement Act of 2008.’’. 
87 

•HRES 1492 EH 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201, as amended by section 210 of this division, 

is amended by inserting after the item relating to section 

20161 the following: 

‘‘20162. Minimum training standards and plans.’’. 

SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF 

EMPLOYEES. 

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

amended by section 401 of this division, is further amended 

by adding at the end the following new section: 

‘‘§ 20163. Certification of train conductors 

‘‘(a) REGULATIONS.—Not later than 18 months after 

the date of enactment of the Rail Safety Improvement Act of 

2008, the Secretary of Transportation shall prescribe regulations to establish a program requiring the certification of 

train conductors. In prescribing such regulations, the Secretary shall require that train conductors be trained, in accordance with the training standards developed pursuant to 

section 20162. 

‘‘(b) PROGRAM REQUIREMENTS.—In developing the regulations required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).’’. 

(b) REPORT.—Not later than 6 months after promulgating regulations under section 20162 of title 49, United 

States Code, the Secretary shall issue a report to the Senate 

Committee on Commerce, Science, and Transportation and 
88 

•HRES 1492 EH 

the House of Representatives Committee on Transportation 

and Infrastructure about whether the certification of certain 

crafts or classes of railroad carrier or railroad carrier contractor or subcontractor employees is necessary to reduce the 

number and rate of accidents and incidents or to improve 

railroad safety. 

(c) CRAFTS AND CLASSES TO BE CONSIDERED.—As 

part of the report, the Secretary shall consider— 

(1) car repair and maintenance employees; 

(2) onboard service workers; 

(3) rail welders; 

(4) dispatchers; 

(5) signal repair and maintenance employees; and 

(6) any other craft or class of employees that the 

Secretary determines appropriate. 

(d) REGULATIONS.—The Secretary may prescribe regulations requiring the certification of certain crafts or classes 

of employees that the Secretary determines pursuant to the 

report required by paragraph (1) are necessary to reduce the 

number and rate of accidents and incidents or to improve 

railroad safety. 

(e) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201, as amended by section 401 of this division, 

is amended by inserting after the item relating to section 

20162 the following: 

‘‘20163. Certification of train conductors.’’. 
89 

•HRES 1492 EH 

SEC. 403. TRACK INSPECTION TIME STUDY. 

(a) STUDY.—Not later that 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate a report containing the results of a study to determine whether— 

(1) the required intervals of track inspections for 

each class of track should be amended; 

(2) track remedial action requirements should be 

amended; 

(3) different track inspection and repair priorities 

or methods should be required; and 

(4) the speed at which railroad track inspection vehicles operate and the scope of the territory they generally cover allow for proper inspection of the track and 

whether such speed and appropriate scope should be regulated by the Secretary. 

(b) CONSIDERATIONS.—In conducting the study the Secretary shall consider— 

(1) the most current rail flaw, rail defect growth, 

rail fatigue, and other relevant track- or rail-related research and studies; 

(2) the availability and feasibility of developing and 

implementing new or novel rail inspection technology for 

routine track inspections; 
90 

•HRES 1492 EH 

(3) information from National Transportation Safety Board or Federal Railroad Administration accident 

investigations where track defects were the cause or a 

contributing cause; and 

(4) other relevant information, as determined by the 

Secretary. 

(c) UPDATE OF REGULATIONS.—Not later than 2 years 

after the completion of the study required by subsection (a), 

the Secretary shall prescribe regulations based on the results 

of the study conducted under subsection (a). 

(d) CONCRETE CROSS TIES.—Not later than 18 months 

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

promulgate regulations for concrete cross ties. In developing 

the regulations for class 1 through 5 track, the Secretary 

may address, as appropriate— 

(1) limits for rail seat abrasion; 

(2) concrete cross tie pad wear limits; 

(3) missing or broken rail fasteners; 

(4) loss of appropriate toeload pressure; 

(5) improper fastener configurations; and 

(6) excessive lateral rail movement. 

SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION PLATFORM GAPS. 

Not later than 2 years after the enactment of this Act, 

the Secretary shall complete a study to determine the most 
91 

•HRES 1492 EH 

safe, efficient, and cost-effective way to improve the safety of 

rail passenger station platforms gaps in order to increase 

compliance with the requirements under the Americans with 

Disabilities Act (42 U.S.C. 12101 et seq.), including regulations issued pursuant to section 504 of such Act (42 U.S.C. 

12204) and to minimize the safety risks associated with such 

gaps for railroad passengers and employees. 

SEC. 405. LOCOMOTIVE CAB STUDIES. 

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

of enactment of this Act, the Secretary, through the Railroad 

Safety Advisory Committee if the Secretary makes such a request, shall complete a study on the safety impact of the use 

of personal electronic devices, including cell phones, video 

games, and other distracting devices, by safety-related railroad employees (as defined in section 20102(4) of title 49, 

United States Code), during the performance of such employees’ duties. The study shall consider the prevalence of the use 

of such devices. 

(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary 

may also study other elements of the locomotive cab environment and their effect on an employee’s health and safety. 

(c) REPORT.—Not later than 6 months after the completion of any study under this section, the Secretary shall issue 

a report on the study to the Senate Committee on Commerce, 
92 

•HRES 1492 EH 

Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. 

(d) AUTHORITY.—Based on the conclusions of the study 

required under (a), the Secretary of Transportation may prohibit the use of personal electronic devices, such as cell 

phones, video games, or other electronic devices that may distract employees from safely performing their duties, unless 

those devices are being used according to railroad operating 

rules or for other work purposes. Based on the conclusions 

of other studies conducted under subsection (b), the Secretary may prescribe regulations to improve elements of the 

cab environment to protect an employee’s health and safety. 

SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY. 

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

amended by section 402 of this division, is further amended 

by adding at the end the following new section: 

‘‘§ 20164. Development and use of rail safety technology 

‘‘(a) IN GENERAL.—Not later than 1 year after enactment of the Railroad Safety Enhancement Act of 2008, the 

Secretary of Transportation shall prescribe standards, guidance, regulations, or orders governing the development, use, 

and implementation of rail safety technology in dark territory, in arrangements not defined in section 20501 or otherwise not covered by Federal standards, guidance, regulations, 
93 

•HRES 1492 EH 

or orders that ensure the safe operation of such technology, 

such as— 

‘‘(1) switch position monitoring devices or indicators; 

‘‘(2) radio, remote control, or other power-assisted 

switches; 

‘‘(3) hot box, high water, or earthquake detectors; 

‘‘(4) remote control locomotive zone limiting devices; 

‘‘(5) slide fences; 

‘‘(6) grade crossing video monitors; 

‘‘(7) track integrity warning systems; or 

‘‘(8) other similar rail safety technologies, as determined by the Secretary. 

‘‘(b) DARK TERRITORY DEFINED.—In this section, the 

term ‘dark territory’ means any territory in a railroad system 

that does not have a signal or train control system installed 

or operational.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201, as amended by section 402 of this division, 

is amended by inserting after the item relating to section 

20163 the following: 

‘‘20164. Development and use of rail safety technology.’’. 
94 

•HRES 1492 EH 

SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD 

CARRIERS. 

Section 20102(3), as redesignated by section 2(b) of this 

division, is amended to read as follows: 

‘‘(3) ‘railroad carrier’ means a person providing 

railroad transportation, except that, upon petition by a 

group of commonly controlled railroad carriers that the 

Secretary determines is operating within the United 

States as a single, integrated rail system, the Secretary 

may by order treat the group of railroad carriers as a 

single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing 

regulations and order, subject to any appropriate conditions that the Secretary may impose.’’. 

SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION. 

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

Act, the Secretary shall complete a study of the impacts of 

repealing section 711 of the Regional Rail Reorganization Act 

of 1973 (45 U.S.C. 797j). Not later than 6 months after 

completing the study, the Secretary shall transmit a report 

with the Secretary’s findings, conclusions, and recommendations to the Senate Committee on Commerce, Science, and 

Transportation and the House of Representatives Committee 

on Transportation and Infrastructure. 
95 

•HRES 1492 EH 

SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG 

TESTING BY RAILROAD CARRIERS. 

(a) IN GENERAL.—Chapter 201, as amended by section 

406 of this division, is further amended by adding at the end 

the following: 

‘‘§ 20165. Limitations on non-Federal alcohol and drug 

testing 

‘‘(a) TESTING REQUIREMENTS.—Any non-Federal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both the program and chapter 211 

of this title be conducted using a scientifically recognized 

method of testing capable of determining the presence of the 

specific analyte at a level above the cut-off level established 

by the carrier. 

‘‘(b) REDRESS PROCESS.—Each railroad carrier that 

has a non-Federal alcohol and drug testing program must 

provide a redress process to its employees who are subject to 

both the alcohol and drug testing program and chapter 211 

of this title for such an employee to petition for and receive 

a carrier hearing to review his or her specimen test results 

that were determined to be in violation of the program. A dispute or grievance raised by a railroad carrier or its employee, 

except a probationary employee, in connection with the carrier’s alcohol and drug testing program and the application 
96 

•HRES 1492 EH 

of this section is subject to resolution under section 3 of the 

Railway Labor Act (45 U.S.C. 153).’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201, as amended by section 406 of this division, 

is further amended by inserting after the item relating to section 20164 the following: 

‘‘20165. Limitations on non-Federal alcohol and drug testing by railroad carriers.’’. 

SEC. 410. CRITICAL INCIDENT STRESS PLAN. 

(a) IN GENERAL.—The Secretary of Transportation, in 

consultation with the Secretary of Labor and the Secretary 

of Health and Human Services, as appropriate, shall require 

each Class I railroad carrier, each intercity passenger railroad carrier, and each commuter railroad carrier to develop 

and submit for approval to the Secretary a critical incident 

stress plan that provides for debriefing, counseling, guidance, 

and other appropriate support services to be offered to an 

employee affected by a critical incident. 

(b) PLAN REQUIREMENTS.—Each such plan shall include provisions for— 

(1) relieving an employee who was involved in a 

critical incident of his or her duties for the balance of 

the duty tour, following any actions necessary for the 

safety of persons and contemporaneous documentation of 

the incident; 
97 

•HRES 1492 EH 

(2) upon the employee’s request, relieving an employee who witnessed a critical incident of his or her duties following any actions necessary for the safety of persons and contemporaneous documentation of the incident; and 

(3) providing such leave from normal duties as may 

be necessary and reasonable to receive preventive services, treatment, or both, related to the incident. 

(c) SECRETARY TO DEFINE WHAT CONSTITUTES A 

CRITICAL INCIDENT.—Within 30 days after the date of enactment of this Act, the Secretary shall initiate a rulemaking 

proceeding to define the term ‘‘critical incident’’ for the purposes of this section. 

SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION STUDY. 

(a) STUDY.—The Secretary of Transportation shall, in 

consultation with the Secretary of Energy, the Secretary of 

Labor, the Administrator of the Environmental Protection 

Agency, and the Chairman of the Nuclear Regulatory Commission, as appropriate, conduct a study of the potential hazards to which employees of railroad carriers and railroad contractors or subcontractors are exposed during the transportation of high-level radioactive waste and spent nuclear fuel 

(as defined in section 5101(a) of title 49, United States 
98 

•HRES 1492 EH 

Code), supplementing the report submitted under section 

5101(b) of that title, which may include— 

(1) an analysis of the potential application of ‘‘as 

low as reasonably achievable’’ principles for exposure to 

radiation to such employees with an emphasis on the 

need for special protection from radiation exposure for 

such employees during the first trimester of pregnancy 

or who are undergoing or have recently undergone radiation therapy; 

(2) the feasibility of requiring real-time dosimetry 

monitoring for such employees; 

(3) the feasibility of requiring routine radiation exposure monitoring in fixed railroad locations, such as 

yards and repair facilities; and 

(4) a review of the effectiveness of the Department’s packaging requirements for radioactive materials. 

(b) REPORT.—Not later than 18 months after the date 

of enactment of this Act, the Secretary of Transportation 

shall transmit a report on the results of the study required 

by subsection (a) and any recommendations to further protect 

employees of a railroad carrier or of a contractor or subcontractor to a railroad carrier from unsafe exposure to radiation during the transportation of high-level radioactive waste 

and spent nuclear fuel to the Senate Committee on Commerce, Science, and Transportation and the House of Rep-
99 

•HRES 1492 EH 

resentatives Committee on Transportation and Infrastructure. 

(c) REGULATORY AUTHORITY.—The Secretary of Transportation may issue regulations that the Secretary determines 

appropriate, pursuant to the report required by subsection 

(b), to protect railroad employees from unsafe exposure to radiation during the transportation of radioactive materials. 

SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING 

FOR MAINTENANCE-OF-WAY EMPLOYEES. 

Not later than 2 years following the date of enactment 

of this Act, the Secretary of Transportation shall complete a 

rulemaking proceeding to revise the regulations prescribed 

under section 20140 of title 49, United States Code, to cover 

all employees of railroad carriers and contractors or subcontractors to railroad carriers who perform maintenance-ofway activities. 

SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS. 

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

amended by section 409 of this division, is further amended 

by adding at the end the following new section: 

‘‘§ 20166. Emergency escape breathing apparatus 

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

of the Rail Safety Improvement Act of 2008, the Secretary 

of Transportation shall prescribe regulations that require 

railroad carriers— 
100 

•HRES 1492 EH 

‘‘(1) to provide emergency escape breathing apparatus suitable to provide head and neck coverage with 

respiratory protection for all crewmembers in locomotive 

cabs on freight trains carrying hazardous materials that 

would pose an inhalation hazard in the event of release; 

‘‘(2) to provide convenient storage in each freight 

train locomotive to enable crewmembers to access such 

apparatus quickly; 

‘‘(3) to maintain such equipment in proper working 

condition; and 

‘‘(4) to provide their crewmembers with appropriate 

training for using the breathing apparatus.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201, as amended by section 409 of this division, 

is amended by inserting after the item relating to section 

20165 the following: 

‘‘20166. Emergency escape breathing apparatus.’’. 

SEC. 414. TUNNEL INFORMATION. 

Not later than 120 days after the date of enactment of 

this Act, each railroad carrier shall, with respect to each of 

its tunnels which— 

(1) are longer than 1000 feet and located under a 

city with a population of 400,000 or greater; or 

(2) carry 5 or more scheduled passenger trains per 

day, or 500 or more carloads of poison- or toxic-by-inhalation hazardous materials (as defined in parts 171.8, 
101 

•HRES 1492 EH 

173.115, and 173.132 of title 49, Code of Federal Regulations) per year, 

maintain, for at least two years, historical documentation of 

structural inspection and maintenance activities for such tunnels, including information on the methods of ingress and 

egress into and out of the tunnel, the types of cargos typically 

transported through the tunnel, and schematics or blueprints 

for the tunnel, when available. Upon request, a railroad carrier shall provide periodic briefings on such information to 

the governments of the local jurisdiction in which the tunnel 

is located, including updates whenever a repair or rehabilitation project substantially alters the methods of ingress and 

egress. Such governments shall use appropriate means to protect and restrict the distribution of any security sensitive information (as defined in part 1520.5 of title 49, Code of Federal Regulations) provided by the railroad carrier under this 

section, consistent with national security interests. 

SEC. 415. MUSEUM LOCOMOTIVE STUDY. 

(a) STUDY.—The Secretary shall conduct a study of the 

requirements relating to safety inspections of diesel-electric 

locomotives and equipment that are operated in limited service by railroad-related museums, historical societies, and tourist or scenic railroads. The study shall include an analysis of 

the safety consequences of requiring less frequent inspections 

of such locomotives and equipment, including periodic inspec-
102 

•HRES 1492 EH 

tions or inspections based on service days and air brake inspections. 

(b) REPORT.—Not later than 2 years after the date of 

enactment of this Act, the Secretary shall transmit a report 

on the results of the study conducted under subsection (a) to 

the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

SEC. 416. SAFETY INSPECTIONS IN MEXICO. 

Mechanical and brake inspections of rail cars performed 

in Mexico shall not be treated as satisfying United States rail 

safety laws or regulations unless the Secretary of Transportation certifies that— 

(1) such inspections are being performed under regulations and standards equivalent to those applicable in 

the United States; 

(2) the inspections are being performed by employees that have received training similar to the training received by similar railroad employees in the United 

States; 

(3) inspection records that are required to be available to the crewmembers on board the train, including 

air slips and blue cards, are maintained in both English 

and Spanish, and such records are available to the Federal Railroad Administration for review; and 
103 

•HRES 1492 EH 

(4) the Federal Railroad Administration is permitted to perform onsite inspections for the purpose of 

ensuring compliance with the requirements of this subsection. 

SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE. 

(a) IN GENERAL.—Not later than 12 months after the 

date of enactment of this Act, the Secretary shall promulgate 

a regulation requiring owners of track carried on one or more 

railroad bridges to adopt a bridge safety management program to prevent the deterioration of railroad bridges and reduce the risk of human casualties, environmental damage, 

and disruption to the Nation’s railroad transportation system 

that would result from a catastrophic bridge failure. 

(b) REQUIREMENTS.—The regulations shall, at a minimum, require each track owner to— 

(1) to develop and maintain an accurate inventory 

of its railroad bridges, which shall identify the location 

of each bridge, its configuration, type of construction, 

number of spans, span lengths, and all other information 

necessary to provide for the safe management of the 

bridges; 

(2) to ensure that a professional engineer competent 

in the field of railroad bridge engineering, or a qualified 

person under the supervision of the track owner, determines bridge capacity; 
104 

•HRES 1492 EH 

(3) to maintain, and update as appropriate, a 

record of the safe capacity of each bridge which carries 

its track and, if available, maintain the original design 

documents of each bridge and a documentation of all repairs, modifications, and inspections of the bridge; 

(4) to develop, maintain, and enforce a written procedure that will ensure that its bridges are not loaded 

beyond their capacities; 

(5) to conduct regular comprehensive inspections of 

each bridge, at least once every year, and maintain 

records of those inspections that include the date on 

which the inspection was performed, the precise identification of the bridge inspected, the items inspected, an 

accurate description of the condition of those items, and 

a narrative of any inspection item that is found by the 

inspector to be a potential problem; 

(6) to ensure that the level of detail and the inspection procedures are appropriate to the configuration of 

the bridge, conditions found during previous inspections, 

and the nature of the railroad traffic moved over the 

bridge, including car weights, train frequency and 

length, levels of passenger and hazardous materials traffic, and vulnerability of the bridge to damage; 

(7) to ensure that an engineer who is competent in 

the field of railroad bridge engineering— 
105 

•HRES 1492 EH 

(A) is responsible for the development of all inspection procedures; 

(B) reviews all inspection reports; and 

(C) determines whether bridges are being inspected according to the applicable procedures and 

frequency, and reviews any items noted by an inspector as exceptions; and 

(8) to designate qualified bridge inspectors or maintenance personnel to authorize the operation of trains on 

bridges following repairs, damage, or indications of potential structural problems. 

(c) USE OF BRIDGE MANAGEMENT PROGRAMS REQUIRED.—The Secretary shall instruct bridge experts to obtain copies of the most recent bridge management programs 

of each railroad within the expert’s areas of responsibility, 

and require that experts use those programs when conducting 

bridge observations. 

(d) REVIEW OF DATA.—The Secretary shall establish a 

program to periodically review bridge inspection and maintenance data from railroad carrier bridge inspectors and Federal Railroad Administration bridge experts. 
106 

•HRES 1492 EH 

SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT 

GRANTS. 

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

amended by section 413 of this division, is further amended 

by adding at the end thereof the following: 

‘‘§ 20167. Railroad safety infrastructure improvement 

grants 

‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall establish a grant program for safety improvements to railroad infrastructure, including the acquisition, 

improvement, or rehabilitation of intermodal or rail equipment or facilities, including track, bridges, tunnels, yards, 

buildings, passenger stations, facilities, and maintenance and 

repair shops. 

‘‘(b) ELIGIBILITY.—Grants shall be made under this section to eligible passenger and freight railroad carriers, and 

State and local governments for projects described in subsection (a). Grants shall also be made available to assist a 

State or political subdivision thereof in establishing a quiet 

zone pursuant to part 222 of title 49, Code of Federal Regulations. 

‘‘(c) CONSIDERATIONS.—In awarding grants, the Secretary shall consider, at a minimum— 

‘‘(1) the age and condition of the rail infrastructure 

of the applicant; 
107 

•HRES 1492 EH 

‘‘(2) the railroad carrier’s safety record, including 

accident and incident numbers and rates; 

‘‘(3) the volume of hazardous materials transported 

by the railroad; 

‘‘(4) the operation of passenger trains over the railroad; and 

‘‘(5) whether the railroad carrier has submitted a 

railroad safety risk reduction program, as required by 

section 20156. 

‘‘(d) MATCHING REQUIREMENTS.—Federal funds for 

any eligible project under this section shall not exceed 50 percent of the total cost of such project. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2010 through 2013 

to carry out this section. Amounts appropriated pursuant to 

this subsection shall remain available until expended.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 201, as amended by section 413 of this division, 

is amended by inserting after the item relating to section 

20166 the following: 

‘‘20167. Railroad safety infrastructure improvement grants.’’. 

SEC. 419. PROMPT MEDICAL ATTENTION. 

(a) IN GENERAL.—Section 20109 is amended— 

(1) by redesignating subsections (c) through (i) as 

subsections (d) through (j), respectively; and 
108 

•HRES 1492 EH 

(2) by inserting after subsection (b) the following: 

‘‘(c) PROMPT MEDICAL ATTENTION.— 

‘‘(1) PROHIBITION.—A railroad carrier or person 

covered under this section may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. 

If transportation to a hospital is requested by an employee who is injured during the course of employment, 

the railroad shall promptly arrange to have the injured 

employee transported to the nearest hospital where the 

employee can receive safe and appropriate medical care. 

‘‘(2) DISCIPLINE.—A railroad carrier or person covered under this section may not discipline, or threaten 

discipline to, an employee for requesting medical or first 

aid treatment, or for following orders or a treatment 

plan of a treating physician, except that a railroad carrier’s refusal to permit an employee to return to work 

following medical treatment shall not be considered a 

violation of this section if the refusal is pursuant to Federal Railroad Administration medical standards for fitness of duty or, if there are no pertinent Federal Railroad Administration standards, a carrier’s medical 

standards for fitness for duty. For purposes of this paragraph, the term ‘discipline’ means to bring charges 

against a person in a disciplinary proceeding, suspend, 
109 

•HRES 1492 EH 

terminate, place on probation, or make note of reprimand on an employee’s record.’’. 

(b) CONFORMING AMENDMENTS.—Section 20109 is 

amended— 

(1) in subsection (d), as redesignated by subsection 

(a) of this section— 

(A) by striking ‘‘(a) or (b)’’ in paragraph (1) 

and inserting ‘‘(a), (b), or (c)’’; 

(B) by striking ‘‘(c)(1)’’ in paragraph (2)(A)(i) 

and inserting ‘‘(d)(1)’’; 

(C) by striking ‘‘(a) or (b)’’ in paragraph 

(2)(A)(ii) and inserting ‘‘(a), (b), or (c)’’; and 

(2) in subsection (e), as so redesignated— 

(A) by striking ‘‘(c)’’ in paragraph (1) and inserting ‘‘(d)’’; 

(B) by striking ‘‘(c)’’ in paragraph (2) and inserting ‘‘(d)’’; 

(C) by striking ‘‘(c)(3)’’ in paragraph (2) and 

inserting ‘‘(d)(3)’’; and 

(D) by striking ‘‘(c)’’ in paragraph (3) and inserting ‘‘(d)’’. 

SEC. 420. EMPLOYEE SLEEPING QUARTERS. 

Section 21106 is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A 

railroad carrier’’; 
110 

•HRES 1492 EH 

(2) by striking ‘‘sanitary and give those employees 

and individuals an opportunity for rest free from the 

interruptions caused by noise under the control of the 

carrier;’’ in paragraph (1) and inserting ‘‘sanitary, give 

those employees and individuals an opportunity for rest 

free from the interruptions caused by noise under the 

control of the carrier, and provide indoor toilet facilities, 

potable water, and other features to protect the health 

of employees;’’; and 

(3) by adding at the end the following: 

‘‘(b) CAMP CARS.—Not later than December 31, 2009, 

any railroad carrier that uses camp cars shall fully retrofit 

or replace such cars in compliance with subsection (a). 

‘‘(c) REGULATIONS.—Not later than April 1, 2010, the 

Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of 

a railroad carrier that uses camp cars, which shall require 

that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary 

shall assess the action taken by any railroad carrier to fully 

retrofit or replace its camp cars pursuant to this section. 

‘‘(d) COMPLIANCE AND ENFORCEMENT.—The Secretary 

shall determine whether a railroad carrier has fully retrofitted 
111 

•HRES 1492 EH 

or replaced a camp car pursuant to subsection (b) and shall 

prohibit the use of any non-compliant camp car. The Secretary may assess civil penalties pursuant to chapter 213 for 

violations of this section.’’. 

TITLE V—RAIL PASSENGER 

DISASTER FAMILY ASSISTANCE 

SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY 

BOARD TO FAMILIES OF PASSENGERS INVOLVED 

IN RAIL PASSENGER ACCIDENTS. 

(a) IN GENERAL.—Chapter 11 is amended by adding at 

the end of subchapter III the following: 

‘‘§ 1139. Assistance to families of passengers involved in 

rail passenger accidents 

‘‘(a) IN GENERAL.—As soon as practicable after being 

notified of a rail passenger accident within the United States 

involving a rail passenger carrier and resulting in a major 

loss of life, the Chairman of the National Transportation 

Safety Board shall— 

‘‘(1) designate and publicize the name and phone 

number of a director of family support services who shall 

be an employee of the Board and shall be responsible for 

acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and 

the families; and 
112 

•HRES 1492 EH 

‘‘(2) designate an independent nonprofit organization, with experience in disasters and post trauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident. 

‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board 

shall have primary Federal responsibility for— 

‘‘(1) facilitating the recovery and identification of 

fatally injured passengers involved in an accident described in subsection (a); and 

‘‘(2) communicating with the families of passengers 

involved in the accident as to the roles, with respect to 

the accident and the post-accident activities, of— 

‘‘(A) the organization designated for an accident under subsection (a)(2); 

‘‘(B) Government agencies; and 

‘‘(C) the rail passenger carrier involved. 

‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZATION.—The organization designated for an accident under 

subsection (a)(2) shall have the following responsibilities with 

respect to the families of passengers involved in the accident: 

‘‘(1) To provide mental health and counseling services, in coordination with the disaster response team of 

the rail passenger carrier involved. 
113 

•HRES 1492 EH 

‘‘(2) To take such actions as may be necessary to 

provide an environment in which the families may grieve 

in private. 

‘‘(3) To meet with the families who have traveled to 

the location of the accident, to contact the families unable to travel to such location, and to contact all affected 

families periodically thereafter until such time as the organization, in consultation with the director of family 

support services designated for the accident under subsection (a)(1), determines that further assistance is no 

longer needed. 

‘‘(4) To arrange a suitable memorial service, in consultation with the families. 

‘‘(d) PASSENGER LISTS.— 

‘‘(1) REQUESTS FOR PASSENGER LISTS.— 

‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES.—It shall be the responsibility of 

the director of family support services designated 

for an accident under subsection (a)(1) to request, 

as soon as practicable, from the rail passenger carrier involved in the accident a list, which is based 

on the best available information at the time of the 

request, of the names of the passengers that were 

aboard the rail passenger carrier’s train involved in 

the accident. A rail passenger carrier shall use rea-
114 

•HRES 1492 EH 

sonable efforts, with respect to its unreserved 

trains, and passengers not holding reservations on 

its other trains, to ascertain the names of passengers aboard a train involved in an accident. 

‘‘(B) REQUESTS BY DESIGNATED ORGANIZATION.—The organization designated for an accident 

under subsection (a)(2) may request from the rail 

passenger carrier involved in the accident a list described in subparagraph (A). 

‘‘(2) USE OF INFORMATION.—Except as provided in 

subsection (k), the director of family support services 

and the organization may not release to any person information on a list obtained under paragraph (1) but 

may provide information on the list about a passenger 

to the family of the passenger to the extent that the director of family support services or the organization considers appropriate. 

‘‘(e) CONTINUING RESPONSIBILITIES OF THE BOARD.— 

In the course of its investigation of an accident described in 

subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the 

accident— 

‘‘(1) are briefed, prior to any public briefing, about 

the accident and any other findings from the investigation; and 
115 

•HRES 1492 EH 

‘‘(2) are individually informed of and allowed to attend any public hearings and meetings of the Board 

about the accident. 

‘‘(f) USE OF RAIL PASSENGER CARRIER RESOURCES.— 

To the extent practicable, the organization designated for an 

accident under subsection (a)(2) shall coordinate its activities 

with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier. 

‘‘(g) PROHIBITED ACTIONS.— 

‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No person 

(including a State or political subdivision thereof) may 

impede the ability of the Board (including the director 

of family support services designated for an accident 

under subsection (a)(1)), or an organization designated 

for an accident under subsection (a)(2), to carry out its 

responsibilities under this section or the ability of the 

families of passengers involved in the accident to have 

contact with one another. 

‘‘(2) UNSOLICITED COMMUNICATIONS.—No unsolicited communication concerning a potential action or settlement offer for personal injury or wrongful death may 

be made by an attorney (including any associate, agent, 

employee, or other representative of an attorney) or any 

potential party to the litigation, including the railroad 

carrier or rail passenger carrier, to an individual (other 
116 

•HRES 1492 EH 

than an employee of the rail passenger carrier) injured 

in the accident, or to a relative of an individual involved 

in the accident, before the 45th day following the date 

of the accident. 

‘‘(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH AND COUNSELING SERVICES.—No State or 

political subdivision thereof may prevent the employees, 

agents, or volunteers of an organization designated for 

an accident under subsection (a)(2) from providing mental health and counseling services under subsection 

(c)(1) in the 30-day period beginning on the date of the 

accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days 

if the director determines that the extension is necessary 

to meet the needs of the families and if State and local 

authorities are notified of the determination. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) RAIL PASSENGER ACCIDENT.—The term ‘rail 

passenger accident’ means any rail passenger disaster 

resulting in a major loss of life occurring in the provision 

of— 

‘‘(A) interstate intercity rail passenger transportation (as such term is defined in section 

24102); or 
117 

•HRES 1492 EH 

‘‘(B) interstate or intrastate high-speed rail (as 

such term is defined in section 26105) transportation, 

regardless of its cause or suspected cause. 

‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail 

passenger carrier’ means a rail carrier providing— 

‘‘(A) interstate intercity rail passenger transportation (as such term is defined in section 

24102); or 

‘‘(B) interstate or intrastate high-speed rail (as 

such term is defined in section 26105) transportation, 

except that such term does not include a tourist, historic, scenic, or excursion rail carrier. 

‘‘(3) PASSENGER.—The term ‘passenger’ includes— 

‘‘(A) an employee of a rail passenger carrier 

aboard a train; 

‘‘(B) any other person aboard the train without 

regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the 

rail transportation; and 

‘‘(C) any other person injured or killed in a 

rail passenger accident, as determined appropriate 

by the Board. 
118 

•HRES 1492 EH 

‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.— 

Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident. 

‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY.— 

‘‘(1) GENERAL RULE.—This section (other than 

subsection (g)) shall not apply to a railroad passenger 

accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority 

is willing and able to provide assistance to the victims 

and families of the passengers involved in the accident. 

‘‘(2) BOARD ASSISTANCE.—If this section does not 

apply to a railroad passenger accident because the Board 

has relinquished investigative priority with respect to the 

accident, the Board shall assist, to the maximum extent 

possible, the agency to which the Board has relinquished 

investigative priority in assisting families with respect to 

the accident. 

‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall be 

construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of in-
119 

•HRES 1492 EH 

formation regarding the nature of injuries sustained and the 

manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or 

for identifying means of preventing similar injuries in the future, or both.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 11 is amended by inserting after the item relating 

to section 1138 the following: 

‘‘1139. Assistance 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. 

(a) IN GENERAL.—Chapter 243 is amended by adding 

at the end the following: 

‘‘§ 24316. Plans to address needs of families of passengers 

involved in rail passenger accidents 

‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months 

after the date of the enactment of the Rail Safety Improvement Act of 2008, a rail passenger carrier shall submit to the 

Chairman of the National Transportation Safety Board, the 

Secretary of Transportation, and the Secretary of Homeland 

Security a plan for addressing the needs of the families of 

passengers involved in any rail passenger accident involving 

a rail passenger carrier intercity train and resulting in a 

major loss of life. 
120 

•HRES 1492 EH 

‘‘(b) CONTENTS OF PLANS.—A plan to be submitted by 

a rail passenger carrier under subsection (a) shall include, at 

a minimum, the following: 

‘‘(1) A process by which a rail passenger carrier will 

maintain and provide to the National Transportation 

Safety Board, the Secretary of Transportation, and the 

Secretary of Homeland Security immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the 

passengers aboard the train (whether or not such names 

have been verified), and will periodically update the list. 

The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on 

other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard 

a train involved in an accident. 

‘‘(2) A process for notifying the families of the passengers, before providing any public notice of the names 

of the passengers, either by utilizing the services of the 

organization designated for the accident under section 

1139(a)(2) of this title or the services of other suitably 

trained individuals. 

‘‘(3) A plan for creating and publicizing a reliable, 

toll-free telephone number within 4 hours after such an 
121 

•HRES 1492 EH 

accident occurs, and for providing staff, to handle calls 

from the families of the passengers. 

‘‘(4) A process for providing the notice described in 

paragraph (2) to the family of a passenger as soon as 

the rail passenger carrier has verified that the passenger 

was aboard the train (whether or not the names of all 

of the passengers have been verified). 

‘‘(5) An assurance that, upon request of the family 

of a passenger, the rail passenger carrier will inform the 

family of whether the passenger’s name appeared on any 

preliminary passenger manifest for the train involved in 

the accident. 

‘‘(6) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the 

control of the rail passenger carrier and by which any 

possession of the passenger within the control of the rail 

passenger carrier (regardless of its condition)— 

‘‘(A) will be retained by the rail passenger carrier for at least 18 months; and 

‘‘(B) will be returned to the family unless the 

possession is needed for the accident investigation 

or any criminal investigation. 
122 

•HRES 1492 EH 

‘‘(7) A process by which the treatment of the families of nonrevenue passengers will be the same as the 

treatment of the families of revenue passengers. 

‘‘(8) An assurance that the rail passenger carrier 

will provide adequate training to the employees and 

agents of the carrier to meet the needs of survivors and 

family members following an accident. 

‘‘(9) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of 

any monument to the passengers, including any inscription on the monument. 

‘‘(10) An assurance that the rail passenger carrier 

will work with any organization designated under section 

1139(a)(2) of this title on an ongoing basis to ensure 

that families of passengers receive an appropriate level 

of services and assistance following each accident. 

‘‘(11) An assurance that the rail passenger carrier 

will provide reasonable compensation to any organization 

designated under section 1139(a)(2) of this title for 

services provided by the organization. 

‘‘(c) USE OF INFORMATION.—Neither the National 

Transportation Safety Board, the Secretary of Transportation, the Secretary of Homeland Security, nor a rail passenger carrier may release to the public any personal infor-
123 

•HRES 1492 EH 

mation on a list obtained under subsection (b)(1), but may 

provide information on the list about a passenger to the passenger’s family members to the extent that the Board or a 

rail passenger carrier considers appropriate. 

‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.— 

‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in this 

section may be construed as limiting the actions that a 

rail passenger carrier may take, or the obligations that 

a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident. 

‘‘(2) INVESTIGATIONAL AUTHORITY OF BOARD AND

SECRETARY.—Nothing in this section shall be construed 

to abridge the authority of the Board or the Secretary 

of Transportation to investigate the causes or circumstances of any rail accident, including the development of information regarding the nature of injuries sustained and the manner in which they were sustained, for 

the purpose of determining compliance with existing laws 

and regulations or identifying means of preventing similar injuries in the future. 

‘‘(e) LIMITATION ON LIABILITY.—A rail passenger carrier shall not be liable for damages in any action brought in 

a Federal or State court arising out of the performance of 

the rail passenger carrier in preparing or providing a pas-
124 

•HRES 1492 EH 

senger list, or in providing information concerning a train 

reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was 

caused by conduct of the rail passenger carrier which was 

grossly negligent or which constituted intentional misconduct. 

‘‘(f) DEFINITIONS.—In this section, the terms ‘passenger’ and ‘rail passenger accident’ have the meaning given 

those terms by section 1139 of this title. 

‘‘(g) FUNDING.—Out of funds appropriated pursuant to 

section 20117(a)(1)(A), there shall be made available to the 

Secretary of Transportation $500,000 for fiscal year 2010 to 

carry out this section. Amounts made available pursuant to 

this subsection shall remain available until expended.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 243 is amended by inserting after the item relating to section 24315 the following: 

‘‘24316.Plan to assist families of passengers involved in rail passenger accidents.’’. 

SEC. 503. ESTABLISHMENT OF TASK FORCE. 

(a) ESTABLISHMENT.—The Secretary, in cooperation 

with the National Transportation Safety Board, organizations 

potentially designated under section 1139(a)(2) of title 49, 

United States Code, rail passenger carriers (as defined in section 1139(h)(2) of title 49, United States Code), and families 

which have been involved in rail accidents, shall establish a 

task force consisting of representatives of such entities and 
125 

•HRES 1492 EH 

families, representatives of rail passenger carrier employees, 

and representatives of such other entities as the Secretary 

considers appropriate. 

(b) MODEL PLAN AND RECOMMENDATIONS.—The task 

force established pursuant to subsection (a) shall develop— 

(1) a model plan to assist rail passenger carriers in 

responding to passenger rail accidents; 

(2) recommendations on methods to improve the 

timeliness of the notification provided by passenger rail 

carriers to the families of passengers involved in a passenger rail accident; 

(3) recommendations on methods to ensure that the 

families of passengers involved in a passenger rail accident who are not citizens of the United States receive 

appropriate assistance; and 

(4) recommendations on methods to ensure that 

emergency services personnel have as immediate and accurate a count of the number of passengers onboard the 

train as possible. 

(c) REPORT.—Not later than 1 year after the date of the 

enactment of this Act, the Secretary shall transmit a report 

to the House of Representatives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation containing the model 
126 

•HRES 1492 EH 

plan and recommendations developed by the task force under 

subsection (b). 

TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER 

SOLID WASTE FACILITIES 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Clean Railroads Act of 

2008’’. 

SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER 

SOLID WASTE TRANSFER FACILITIES. 

Section 10501(c)(2) is amended to read as follows: 

‘‘(2) Except as provided in paragraph (3), the Board 

does not have jurisdiction under this part over— 

‘‘(A) mass transportation provided by a local government authority; or 

‘‘(B) a solid waste rail transfer facility as defined 

in section 10908 of this title, except as provided under 

sections 10908 and 10909 of this title.’’. 

SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES. 

(a) IN GENERAL.—Chapter 109 is amended by adding 

at the end thereof the following: 

‘‘§ 10908. Regulation of solid waste rail transfer facilities 

‘‘(a) IN GENERAL.—Each solid waste rail transfer facility shall be subject to and shall comply with all applicable 
127 

•HRES 1492 EH 

Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, 

respecting the prevention and abatement of pollution, the 

protection and restoration of the environment, and the protection of public health and safety, including laws governing 

solid waste, to the same extent as required for any similar 

solid waste management facility, as defined in section 

1004(29) of the Solid Waste Disposal Act (42 U.S.C. 

6903(29)) that is not owned or operated by or on behalf of 

a rail carrier, except as provided for in section 10909 of this 

chapter. 

‘‘(b) EXISTING FACILITIES.— 

‘‘(1) STATE LAWS AND STANDARDS.—Not later 

than 90 days after the date of enactment of the Clean 

Railroads Act of 2008, a solid waste rail transfer facility 

operating as of such date of enactment shall comply with 

all Federal and State requirements pursuant to subsection (a) other than those provisions requiring permits. 

‘‘(2) PERMIT REQUIREMENTS.— 

‘‘(A) STATE NON-SITING PERMITS.—Any solid 

waste rail transfer facility operating as of the date 

of enactment of the Clean Railroads Act of 2008 

that does not possess a permit required pursuant to 

subsection (a), other than a siting permit for the facility, as of the date of enactment of the Clean Rail-
128 

•HRES 1492 EH 

roads Act of 2008 shall not be required to possess 

any such permits in order to operate the facility— 

‘‘(i) if, within 180 days after such date of 

enactment, the solid waste rail transfer facility 

has submitted, in good faith, a complete application for all permits, except siting permits, required pursuant to subsection (a) to the appropriate permitting agency authorized to grant 

such permits; and 

‘‘(ii) until the permitting agency has either approved or denied the solid waste rail 

transfer facility’s application for each permit. 

‘‘(B) SITING PERMITS AND REQUIREMENTS.— 

A solid waste rail transfer facility operating as of 

the date of enactment of the Clean Railroads Act of 

2008 that does not possess a State siting permit required pursuant to subsection (a) as of such date 

of enactment shall not be required to possess any 

siting permit to continue to operate or comply with 

any State land use requirements. The Governor of 

a State in which the facility is located, or his or her 

designee, may petition the Board to require the facility to apply for a land-use exemption pursuant to 

section 10909 of this chapter. The Board shall accept the petition, and the facility shall be required 
129 

•HRES 1492 EH 

to have a Board-issued land-use exemption in order 

to continue to operate, pursuant to section 10909 of 

this chapter. 

‘‘(c) COMMON CARRIER OBLIGATION.—No prospective or 

current rail carrier customer may demand solid waste rail 

transfer service from a rail carrier at a solid waste rail transfer facility that does not already possess the necessary Federal land-use exemption and State permits at the location 

where service is requested. 

‘‘(d) NON-WASTE COMMODITIES.—Nothing in this section or section 10909 of this chapter shall affect a rail carrier’s ability to conduct transportation-related activities with 

respect to commodities other than solid waste. 

‘‘(e) DEFINITIONS.— 

‘‘(1) IN GENERAL.—In this section: 

‘‘(A) COMMERCIAL AND RETAIL WASTE.—The 

term ‘commercial and retail waste’ means material 

discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. 

‘‘(B) CONSTRUCTION AND DEMOLITION DEBRIS.—The term ‘construction and demolition debris’ means waste building materials, packaging, 

and rubble resulting from construction, remodeling, 
130 

•HRES 1492 EH 

repair, and demolition operations on pavements, 

houses, commercial buildings, and other structures. 

‘‘(C) HOUSEHOLD WASTE.—The term ‘household waste’ means material discarded by residential 

dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. 

‘‘(D) INDUSTRIAL WASTE.—The term ‘industrial waste’ means the solid waste generated by 

manufacturing and industrial and research and development processes and operations, including contaminated soil, nonhazardous oil spill cleanup waste 

and dry nonhazardous pesticides and chemical 

waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal 

Act (42 U.S.C. 6921 et seq.), mining or oil and gas 

waste. 

‘‘(E) INSTITUTIONAL WASTE.—The term ‘institutional waste’ means material discarded by schools, 

nonmedical waste discarded by hospitals, material 

discarded by nonmanufacturing activities at prisons 

and government facilities, and material discarded by 

other similar establishments or facilities. 

‘‘(F) MUNICIPAL SOLID WASTE.—The term 

‘municipal solid waste’ means— 
131 

•HRES 1492 EH 

‘‘(i) household waste; 

‘‘(ii) commercial and retail waste; and 

‘‘(iii) institutional waste. 

‘‘(G) SOLID WASTE.—With the exception of 

waste generated by a rail carrier during track, track 

structure, or right-of-way construction, maintenance, or repair (including railroad ties and lineside poles) or waste generated as a result of a railroad accident, incident, or derailment, the term 

‘solid waste’ means— 

‘‘(i) construction and demolition debris; 

‘‘(ii) municipal solid waste; 

‘‘(iii) household waste; 

‘‘(iv) commercial and retail waste; 

‘‘(v) institutional waste; 

‘‘(vi) sludge; 

‘‘(vii) industrial waste; and 

‘‘(viii) other solid waste, as determined 

appropriate by the Board. 

‘‘(H) SOLID WASTE RAIL TRANSFER FACILITY.—The term ‘solid waste rail transfer facility’— 

‘‘(i) means the portion of a facility owned 

or operated by or on behalf of a rail carrier (as 

defined in section 10102 of this title) where 

solid waste, as a commodity to be transported 
132 

•HRES 1492 EH 

for a charge, is collected, stored, separated, 

processed, treated, managed, disposed of, or 

transferred, when the activity takes place outside of original shipping containers; but 

‘‘(ii) does not include— 

‘‘(I) the portion of a facility to the 

extent that activities taking place at such 

portion are comprised solely of the railroad transportation of solid waste after 

the solid waste is loaded for shipment on 

or in a rail car, including railroad transportation for the purpose of interchanging 

railroad cars containing solid waste shipments; or 

‘‘(II) a facility where solid waste is 

solely transferred or transloaded from a 

tank truck directly to a rail tank car. 

‘‘(I) SLUDGE.—The term ‘sludge’ means any 

solid, semi-solid or liquid waste generated from a 

municipal, commercial, or industrial wastewater 

treatment plant, water supply treatment plant, or 

air pollution control facility exclusive of the treated 

effluent from a wastewater treatment plant. 
133 

•HRES 1492 EH 

‘‘(2) EXCEPTIONS.—Notwithstanding paragraph 

(1), the terms ‘household waste’, ‘commercial and retail 

waste’, and ‘institutional waste’ do not include— 

‘‘(A) yard waste and refuse-derived fuel; 

‘‘(B) used oil; 

‘‘(C) wood pallets; 

‘‘(D) clean wood; 

‘‘(E) medical or infectious waste; or 

‘‘(F) motor vehicles (including motor vehicle 

parts or vehicle fluff). 

‘‘(3) STATE REQUIREMENTS.—In this section the 

term ‘State requirements’ does not include the laws, regulations, ordinances, orders, or other requirements of a 

political subdivision of a State, including a locality or 

municipality, unless a State expressly delegates such authority to such political subdivision.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 109 is amended by inserting after the item relating to section 10907 the following: 

‘‘10908. Regulation of solid waste rail transfer facilities.’’. 

SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE 

EXEMPTION AUTHORITY. 

(a) IN GENERAL.—Chapter 109 is further amended by 

adding at the end thereof the following: 
134 

•HRES 1492 EH 

‘‘§ 10909. Solid waste rail transfer facility land-use exemption 

‘‘(a) AUTHORITY.—The Board may issue a land-use exemption for a solid waste rail transfer facility that is or is 

proposed to be operated by or on behalf of a rail carrier if— 

‘‘(1) the Board finds that a State, local, or municipal law, regulation, order, or other requirement affecting the siting of such facility unreasonably burdens the 

interstate transportation of solid waste by railroad, discriminates against the railroad transportation of solid 

waste and a solid waste rail transfer facility, or a rail 

carrier that owns or operates such a facility petitions the 

Board for such an exemption; or 

‘‘(2) the Governor of a State in which a facility that 

is operating as of the date of enactment of the Clean 

Railroads Act of 2008 is located, or his or her designee, 

petitions the Board to initiate a permit proceeding for 

that particular facility. 

‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later 

than 90 days after the date of enactment of the Clean Railroad Act of 2008, the Board shall publish procedures governing the submission and review of applications for solid 

waste rail transfer facility land-use exemptions. At a minimum, the procedures shall address— 

‘‘(1) the information that each application should 

contain to explain how the solid waste rail transfer facil-
135 

•HRES 1492 EH 

ity will not pose an unreasonable risk to public health, 

safety, or the environment; 

‘‘(2) the opportunity for public notice and comment 

including notification of the municipality, the State, and 

any relevant Federal or State regional planning entity in 

the jurisdiction of which the solid waste rail transfer facility is proposed to be located; 

‘‘(3) the timeline for Board review, including a requirement that the Board approve or deny an exemption 

within 90 days after the full record for the application 

is developed; 

‘‘(4) the expedited review timelines for petitions for 

modifications, amendments, or revocations of granted exemptions; 

‘‘(5) the process for a State to petition the Board 

to require a solid waste transfer facility or a rail carrier 

that owns or operates such a facility to apply for a siting 

permit; and 

‘‘(6) the process for a solid waste transfer facility 

or a rail carrier that owns or operates such a facility to 

petition the Board for a land-use exemption. 

‘‘(c) STANDARD FOR REVIEW.— 

‘‘(1) The Board may only issue a land-use exemption if it determines that the facility at the existing or 

proposed location does not pose an unreasonable risk to 
136 

•HRES 1492 EH 

public health, safety, or the environment. In deciding 

whether a solid waste rail transfer facility that is or proposed to be constructed or operated by or on behalf of 

a rail carrier poses an unreasonable risk to public health, 

safety, or the environment, the Board shall weigh the 

particular facility’s potential benefits to and the adverse 

impacts on public health, public safety, the environment, 

interstate commerce, and transportation of solid waste 

by rail. 

‘‘(2) The Board may not grant a land-use exemption for a solid waste rail transfer facility proposed to 

be located on land within any unit of or land affiliated 

with the National Park System, the National Wildlife 

Refuge System, the National Wilderness Preservation 

System, the National Trails System, the National Wild 

and Scenic Rivers System, a National Reserve, a National Monument, or lands referenced in Public Law 

108–421 for which a State has implemented a conservation management plan, if operation of the facility would 

be inconsistent with restrictions placed on such land. 

‘‘(d) CONSIDERATIONS.—When evaluating an application 

under this section, the Board shall consider and give due 

weight to the following, as applicable: 

‘‘(1) the land-use, zoning, and siting regulations or 

solid waste planning requirements of the State or State 
137 

•HRES 1492 EH 

subdivision in which the facility is or will be located that 

are applicable to solid waste transfer facilities, including 

those that are not owned or operated by or on behalf of 

a rail carrier; 

‘‘(2) the land-use, zoning, and siting regulations or 

solid waste planning requirements applicable to the property where the solid waste rail transfer facility is proposed to be located; 

‘‘(3) regional transportation planning requirements 

developed pursuant to Federal and State law; 

‘‘(4) regional solid waste disposal plans developed 

pursuant to State or Federal law; 

‘‘(5) any Federal and State environmental protection laws or regulations applicable to the site; 

‘‘(6) any unreasonable burdens imposed on the 

interstate transportation of solid waste by railroad, or 

the potential for discrimination against the railroad 

transportation of solid waste, a solid waste rail transfer 

facility, or a rail carrier that owns or operates such a 

facility; and 

‘‘(7) any other relevant factors, as determined by 

the Board. 

‘‘(e) EXISTING FACILITIES.—Upon the granting of petition from the State in which a solid waste rail transfer facility is operating as of the date of enactment of the Clean Rail-
138 

•HRES 1492 EH 

roads Act of 2008 by the Board, the facility shall submit a 

complete application for a siting permit to the Board pursuant to the procedures issued pursuant to subsection (b). No 

State may enforce a law, regulation, order, or other requirement affecting the siting of a facility that is operating as of 

the date of enactment of the Clean Railroads Act of 2008 

until the Board has approved or denied a permit pursuant to 

subsection (c). 

‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If the Board 

grants a land-use exemption to a solid waste rail transfer facility, all State laws, regulations, orders, or other requirements affecting the siting of a facility are preempted with regard to that facility. An exemption may require compliance 

with such State laws, regulations, orders, or other requirements. 

‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section precludes a person from seeking an injunction to enjoin a solid 

waste rail transfer facility from being constructed or operated 

by or on behalf of a rail carrier if that facility has materially 

violated, or will materially violate, its land-use exemption or 

if it failed to receive a valid land-use exemption under this 

section. 

‘‘(h) FEES.—The Board may charge permit applicants 

reasonable fees to implement this section, including the costs 

of third-party consultants. 
139 

•HRES 1492 EH 

‘‘(i) DEFINITIONS.—In this section the terms ‘solid 

waste’, ‘solid waste rail transfer facility’, and ‘State requirements’ have the meaning given such terms in section 

10908(e).’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 109, as amended by section 603 of this division, 

is amended by inserting after the item relating to section 

10908 the following: 

‘‘10909. Solid waste rail transfer facility land-use exemption.’’. 

SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES. 

(a) IN GENERAL.—Chapter 109, as amended by section 

604, is further amended by adding at the end thereof the following: 

‘‘§ 10910. Effect on other statutes and authorities 

‘‘Nothing in section 10908 or 10909 is intended to affect the traditional police powers of the State to require a rail 

carrier to comply with State and local environmental, public 

health, and public safety standards that are not unreasonably 

burdensome to interstate commerce and do not discriminate 

against rail carriers.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 109, as amended by section 604 of this division, 

is amended by inserting after the item relating to section 

10909 the following: 

‘‘10910. Effect on other statutes and authorities.’’. 
140 

•HRES 1492 EH 

TITLE VII—TECHNICAL 

CORRECTIONS 

SEC. 701. TECHNICAL CORRECTIONS. 

(a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 

22106 is amended— 

(1) by striking the second sentence of subsection 

(a); 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT

INTEREST RECOVERIES.—The State shall place the United 

States Government’s share of money that is repaid and any 

contingent interest that is recovered in an interest-bearing account. The repaid money, contingent interest, and any interest thereof shall be considered to be State funds. The State 

shall use such funds to make other grants and loans, consistent with the purposes for which financial assistance may 

be used under subsection (a), as the State considers to be appropriate.’’; and 

(3) by striking subsections (c) and (e) and redesignating subsection (d) as subsection (c). 

(b) GRANTS FOR CLASS II AND III RAILROADS.—Section 22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and inserting ‘‘or’’. 
141 

•HRES 1492 EH 

(c) RAIL TRANSPORTATION OF RENEWABLE FUEL

STUDY.—Section 245(a)(1) of the Energy Independence and 

Security Act of 2007 is amended by striking ‘‘Secretary, in 

coordination with the Secretary of Transportation,’’ and inserting ‘‘Secretary and the Secretary of Transportation’’. 

(d) MOTOR CARRIER DEFINITION.— 

Section 14504a is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by 

inserting ‘‘(except as provided in paragraph (5))’’ 

after ‘‘14506’’; 

(B) in paragraph (1), by striking subparagraph 

(A) and inserting the following: 

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘commercial motor vehicle’— 

‘‘(i) for calendar years 2008 and 2009, 

has the meaning given the term in section 

31101; and 

‘‘(ii) for years beginning after December 

31, 2009, means a self-propelled vehicle described in section 31101.’’; and 

(C) by striking paragraph (5) and inserting the 

following: 

‘‘(5) MOTOR CARRIER.— 
142 

•HRES 1492 EH 

‘‘(A) THIS SECTION.—In this section: 

‘‘(i) IN GENERAL.—The term ‘motor carrier’ includes all carriers that are otherwise exempt from this part— 

‘‘(I) under subchapter I of chapter 

135; or 

‘‘(II) through exemption actions by 

the former Interstate Commerce Commission under this title. 

‘‘(ii) EXCLUSIONS.—In this section, the 

term ‘motor carrier’ does not include— 

‘‘(I) any carrier subject to section 

13504; or 

‘‘(II) any other carrier that the board 

of directors of the unified carrier registration plan determines to be appropriate 

pursuant to subsection (d)(4)(C). 

‘‘(B) SECTION 14506.—In section 14506, the 

term ‘motor carrier’ includes all carriers that are 

otherwise exempt from this part— 

‘‘(i) under subchapter I of chapter 135; or 

‘‘(ii) through exemption actions by the 

former Interstate Commerce Commission under 

this title.’’; and 
143 

•HRES 1492 EH 

(2) in subsection (d)(4)(C), by inserting before the 

period at the end the following: ‘‘, except that a decision 

to approve the exclusion of carriers from the definition 

of the term ‘motor carrier’ under subsection (a)(5) shall 

require an affirmative vote of 3⁄4 of all such directors.’’. 

(e) EXTENSION OF LOAN PERIOD.—Section 502(g)(1) of 

the Railroad Revitalization and Regulatory Reform Act of 

1976 (45 U.S.C. 822(g)(1)) is amended by striking ‘‘25 

years’’ and inserting ‘‘35 years’’. 

DIVISION B—AMTRAK 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

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

‘‘Passenger Rail Investment and Improvement Act of 2008’’. 

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

this division is as follows: 

Sec. 1. Short title; table of contents. 

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. 
144 

•HRES 1492 EH 

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. 

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. 

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

Except as otherwise specifically provided, whenever in 

this division an amendment is expressed in terms of an 
145 

•HRES 1492 EH 

amendment to a section or other provision of law, the reference shall be considered to be made to a section or other 

provision of title 49, United States Code. 

SEC. 3. DEFINITION. 

In this division, the term ‘‘Secretary’’ means the Secretary of Transportation. 

TITLE I—AUTHORIZATIONS 

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

(a) OPERATING GRANTS.—There are authorized to be 

appropriated to the Secretary for the use of Amtrak for operating costs the following amounts: 

(1) For fiscal year 2009, $530,000,000. 

(2) For fiscal year 2010, $580,000,000. 

(3) For fiscal year 2011, $592,000,000. 

(4) For fiscal year 2012, $616,000,000. 

(5) For fiscal year 2013, $631,000,000. 

(b) INSPECTOR GENERAL.—There are authorized to be 

appropriated to the Secretary for the Office of the Inspector 

General of Amtrak the following amounts: 

(1) For fiscal year 2009, $20,000,000. 

(2) For fiscal year 2010, $21,000,000. 

(3) For fiscal year 2011, $22,000,000. 

(4) For fiscal year 2012, $22,000,000. 

(5) For fiscal year 2013, $23,000,000. 
146 

•HRES 1492 EH 

(c) CAPITAL GRANTS.—There are authorized to be appropriated to the Secretary for the use of Amtrak for capital 

projects (as defined in subparagraphs (A) and (B) of section 

24401(2) of title 49, United States Code) to bring the Northeast Corridor (as defined in section 24102 of such title) to 

a state-of-good-repair and for capital expenses of the national 

rail passenger transportation system the following amounts: 

(1) For fiscal year 2009, $715,000,000. 

(2) For fiscal year 2010, $975,000,000. 

(3) For fiscal year 2011, $1,025,000,000. 

(4) For fiscal year 2012, $1,275,000,000. 

(5) For fiscal year 2013, $1,325,000,000. 

(d) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may withhold up to 1⁄2 of 1 percent of amounts appropriated pursuant to subsection (c) for the costs of project 

management oversight of capital projects carried out by Amtrak. 

SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL 

LEASES. 

(a) PRINCIPAL AND INTEREST ON DEBT SERVICE.— 

There are authorized to be appropriated to the Secretary for 

the use of Amtrak for retirement of principal and payment 

of interest on loans for capital equipment, or capital leases, 

not more than the following amounts: 

(1) For fiscal year 2009, $285,000,000. 
147 

•HRES 1492 EH 

(2) For fiscal year 2010, $264,000,000. 

(3) For fiscal year 2011, $288,000,000. 

(4) For fiscal year 2012, $290,000,000. 

(5) For fiscal year 2013, $277,000,000. 

(b) EARLY BUYOUT OPTION.—There are authorized to 

be appropriated to the Secretary such sums as may be necessary for the use of Amtrak for the payment of costs associated with early buyout options if the exercise of those options 

is determined to be advantageous to Amtrak. 

(c) LEGAL EFFECT OF PAYMENTS UNDER THIS SECTION.—The payment of principal and interest on secured 

debt, with the proceeds of grants authorized by this section 

shall not— 

(1) modify the extent or nature of any indebtedness 

of Amtrak to the United States in existence as of the 

date of enactment of this Act; 

(2) change the private nature of Amtrak’s or its 

successors’ liabilities; or 

(3) imply any Federal guarantee or commitment to 

amortize Amtrak’s outstanding indebtedness. 

SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD ADMINISTRATION. 

There are authorized to be appropriated to the Secretary 

for the use of the Federal Railroad Administration such sums 
148 

•HRES 1492 EH 

as necessary to implement the provisions required under this 

division for fiscal years 2009 through 2013. 

TITLE II—AMTRAK REFORM AND 

OPERATIONAL IMPROVEMENTS 

SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION 

SYSTEM DEFINED. 

(a) IN GENERAL.—Section 24102 is amended— 

(1) by striking paragraph (2); 

(2) by redesignating paragraphs (3), (4), and (5) as 

paragraphs (2), (3), and (4), respectively; and 

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

‘‘(5) ‘national rail passenger transportation system’ 

means— 

‘‘(A) the segment of the continuous Northeast 

Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia; 

‘‘(B) rail corridors that have been designated 

by the Secretary of Transportation as high-speed 

rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled 

intercity service over a corridor has been established; 

‘‘(C) long-distance routes of more than 750 

miles between endpoints operated by Amtrak as of 
149 

•HRES 1492 EH 

the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and 

‘‘(D) short-distance corridors, or routes of not 

more than 750 miles between endpoints, operated 

by— 

‘‘(i) Amtrak; or 

‘‘(ii) another rail carrier that receives 

funds under chapter 244.’’. 

(b) AMTRAK ROUTES WITH STATE FUNDING.— 

(1) IN GENERAL.—Chapter 247 is amended by inserting after section 24701 the following: 

‘‘§ 24702. Transportation requested by States, authorities, 

and other persons 

‘‘(a) CONTRACTS FOR TRANSPORTATION.—Amtrak may 

enter into a contract with a State, a regional or local authority, or another person for Amtrak to operate an intercity rail 

service or route not included in the national rail passenger 

transportation system upon such terms as the parties thereto 

may agree. 

‘‘(b) DISCONTINUANCE.—Upon termination of a contract 

entered into under this section, or the cessation of financial 

support under such a contract by either party, Amtrak may 

discontinue such service or route, notwithstanding any other 

provision of law.’’. 
150 

•HRES 1492 EH 

(2) CONFORMING AMENDMENT.—The chapter analysis for chapter 247 is amended by inserting after the 

item relating to section 24701 the following: 

‘‘24702. Transportation requested by States, authorities, and other persons’’. 

(c) AMTRAK TO CONTINUE TO PROVIDE NON-HIGHSPEED SERVICES.—Nothing in this division is intended to 

preclude Amtrak from restoring, improving, or developing 

non-high-speed intercity passenger rail service. 

(d) APPLICABILITY OF SECTION 24706.—Section 24706 

is amended by adding at the end the following: 

‘‘(c) APPLICABILITY.—This section applies to all service 

over routes provided by Amtrak, notwithstanding any provision of section 24701 of this title or any other provision of 

this title except section 24702(b).’’. 

(e) AMTRAK’S MISSION.— 

(1) AMENDMENTS.—Section 24101 is amended— 

(A) by striking ‘‘purpose’’ in the section 

heading and inserting ‘‘mission’’; 

(B) by striking subsection (b) and inserting the 

following: 

‘‘(b) MISSION.—The mission of Amtrak is to provide efficient and effective intercity passenger rail mobility consisting of high quality service that is trip-time competitive 

with other intercity travel options and that is consistent with 

the goals of subsection (d).’’; 
151 

•HRES 1492 EH 

(C) by redesignating paragraphs (9) through 

(11) in subsection (c) as paragraphs (10) through 

(12), respectively, and inserting after paragraph (8) 

the following: 

‘‘(9) provide additional or complementary intercity 

transportation service to ensure mobility in times of national disaster or other instances where other travel options are not adequately available;’’; and 

(D) in subsection (d), by striking ‘‘subsection 

(c)(11)’’ and inserting ‘‘subsection (c)(12)’’. 

(2) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 241 is amended by striking the item relating to 

section 24101 and inserting the following: 

‘‘24101. Findings, mission, and goals.’’. 

SEC. 202. AMTRAK BOARD OF DIRECTORS. 

(a) IN GENERAL.—Section 24302 is amended to read as 

follows: 

‘‘§ 24302. Board of directors 

‘‘(a) COMPOSITION AND TERMS.— 

‘‘(1) The Amtrak Board of Directors (referred to in 

this section as the ‘Board’) is composed of the following 

9 directors, each of whom must be a citizen of the 

United States: 

‘‘(A) The Secretary of Transportation. 

‘‘(B) The President of Amtrak. 
152 

•HRES 1492 EH 

‘‘(C) 7 individuals appointed by the President 

of the United States, by and with the advice and 

consent of the Senate, with general business and financial experience, experience or qualifications in 

transportation, freight and passenger rail transportation, travel, hospitality, cruise line, or passenger 

air transportation businesses, or representatives of 

employees or users of passenger rail transportation 

or a State government. 

‘‘(2) In selecting individuals described in paragraph 

(1) for nominations for appointments to the Board, the 

President shall consult with the Speaker of the House of 

Representatives, the minority leader of the House of 

Representatives, the majority leader of the Senate, and 

the minority leader of the Senate and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak. 

‘‘(3) An individual appointed under paragraph 

(1)(C) of this subsection shall be appointed for a term 

of 5 years. Such term may be extended until the individual’s successor is appointed and qualified. Not more 

than 5 individuals appointed under paragraph (1)(C) 

may be members of the same political party. 

‘‘(4) The Board shall elect a chairman and a vice 

chairman, other than the President of Amtrak, from 
153 

•HRES 1492 EH 

among its membership. The vice chairman shall serve as 

chairman in the absence of the chairman. 

‘‘(5) The Secretary may be represented at Board 

meetings by the Secretary’s designee. 

‘‘(b) PAY AND EXPENSES.—Each director not employed 

by the United States Government or Amtrak is entitled to 

reasonable pay when performing Board duties. Each director 

not employed by the United States Government is entitled to 

reimbursement from Amtrak for necessary travel, reasonable 

secretarial and professional staff support, and subsistence expenses incurred in attending Board meetings. 

‘‘(c) TRAVEL.—(1) Each director not employed by the 

United States Government shall be subject to the same travel 

and reimbursable business travel expense policies and guidelines that apply to Amtrak’s executive management when performing Board duties. 

‘‘(2) Not later than 60 days after the end of each fiscal 

year, the Board shall submit a report describing all travel 

and reimbursable business travel expenses paid to each director when performing Board duties to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate. 

‘‘(3) The report submitted under paragraph (2) shall include a detailed justification for any travel or reimbursable 
154 

•HRES 1492 EH 

business travel expense that deviates from Amtrak’s travel 

and reimbursable business travel expense policies and guidelines. 

‘‘(d) VACANCIES.—A vacancy on the Board is filled in 

the same way as the original selection, except that an individual appointed by the President of the United States under 

subsection (a)(1)(C) of this section to fill a vacancy occurring 

before the end of the term for which the predecessor of that 

individual was appointed is appointed for the remainder of 

that term. A vacancy required to be filled by appointment 

under subsection (a)(1)(C) must be filled not later than 120 

days after the vacancy occurs. 

‘‘(e) QUORUM.—A majority of the members serving shall 

constitute a quorum for doing business. 

‘‘(f) BYLAWS.—The Board may adopt and amend bylaws 

governing the operation of Amtrak. The bylaws shall be consistent with this part and the articles of incorporation.’’. 

(b) EFFECTIVE DATE FOR DIRECTORS’ PROVISION.— 

The amendment made by subsection (a) shall take effect 6 

months after the date of enactment of this Act. The members 

of the Amtrak Board of Directors serving as of the date of 

enactment of this Act may continue to serve for the remainder of the term to which they were appointed. 
155 

•HRES 1492 EH 

SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING SYSTEM. 

(a) IN GENERAL.—The Amtrak Board of Directors— 

(1) may employ an independent financial consultant 

with experience in railroad accounting to assist Amtrak 

in improving Amtrak’s financial accounting and reporting system and practices; 

(2) shall implement a modern financial accounting 

and reporting system not later than 3 years after the 

date of enactment of this Act; and 

(3) shall, not later than 90 days after the end of 

each fiscal year through fiscal year 2013— 

(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a comprehensive report that allocates all of Amtrak’s revenues and costs to each of its routes, each of its 

lines of business, and each major activity within 

each route and line of business activity, including— 

(i) train operations; 

(ii) equipment maintenance; 

(iii) food service; 

(iv) sleeping cars; 

(v) ticketing; 

(vi) reservations; and 
156 

•HRES 1492 EH 

(vii) unallocated fixed overhead costs; 

(B) include the report described in subparagraph (A) in Amtrak’s annual report; and 

(C) post such report on Amtrak’s website. 

(b) VERIFICATION OF SYSTEM; REPORT.—The Inspector 

General of the Department of Transportation shall review the 

accounting system designed and implemented under subsection (a) to ensure that it accomplishes the purposes for 

which it is intended. The Inspector General shall report his 

or her findings and conclusions, together with any recommendations, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

(c) CATEGORIZATION OF REVENUES AND EXPENSES.— 

In carrying out subsection (a), the Amtrak Board of Directors shall separately categorize assigned revenues and attributable expenses by type of service, including long-distance 

routes, State-sponsored routes, commuter contract routes, 

and Northeast Corridor routes. 

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

(a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—The 

Amtrak Board of Directors shall submit an annual budget 

and business plan for Amtrak, and a 5-year financial plan for 

the fiscal year to which that budget and business plan relate 
157 

•HRES 1492 EH 

and the subsequent 4 years, prepared in accordance with this 

section, to the Secretary and the Inspector General of the Department of Transportation no later than— 

(1) the first day of each fiscal year beginning after 

the date of enactment of this Act; or 

(2) the date that is 60 days after the date of enactment of an appropriations Act for the fiscal year, if 

later. 

(b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 5- 

year financial plan for Amtrak shall include, at a minimum— 

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

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

(3) revenue and expenditure forecasts for non-passenger operations; 

(4) capital funding requirements and expenditures 

necessary to maintain passenger service in order to accommodate predicted ridership levels and predicted 

sources of capital funding; 

(5) operational funding needs, if any, to maintain 

current and projected levels of passenger service, including State-supported routes and predicted funding 

sources; 
158 

•HRES 1492 EH 

(6) projected capital and operating requirements, 

ridership, and revenue for any new passenger service operations or service expansions; 

(7) an assessment of the continuing financial stability of Amtrak, as indicated by factors such as anticipated Federal funding of capital and operating costs, 

Amtrak’s ability to efficiently recruit, retain, and manage its workforce, and Amtrak’s ability to effectively provide passenger rail service; 

(8) estimates of long-term and short-term debt and 

associated principal and interest payments (both current 

and anticipated); 

(9) annual cash flow forecasts; 

(10) a statement describing methods of estimation 

and significant assumptions; 

(11) specific measures that demonstrate measurable 

improvement year over year in the financial results of 

Amtrak’s operations; 

(12) prior fiscal year and projected operating ratio, 

cash operating loss, and cash operating loss per passenger on a route, business line, and corporate basis; 

(13) prior fiscal year and projected specific costs 

and savings estimates resulting from reform initiatives; 
159 

•HRES 1492 EH 

(14) prior fiscal year and projected labor productivity statistics on a route, business line, and corporate 

basis; 

(15) prior fiscal year and projected equipment reliability statistics; and 

(16) capital and operating expenditures for anticipated security needs. 

(c) STANDARDS TO PROMOTE FINANCIAL STABILITY.— 

In meeting the requirements of subsection (b), Amtrak 

shall— 

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

(2) use the categories specified in the financial accounting and reporting system developed under section 

203 when preparing its 5-year financial plan; and 

(3) ensure that the plan is consistent with the authorizations of appropriations under title I of this division. 

(d) REVIEW BY DOT INSPECTOR GENERAL.—Within 60 

days after their submission by Amtrak, the Inspector General 

of the Department of Transportation shall review the annual 

budget and the 5-year financial plans prepared by Amtrak 

under this section to determine whether they meet the re-
160 

•HRES 1492 EH 

quirements of subsection (b) and shall furnish any relevant 

findings to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee 

on Commerce, Science, and Transportation of the Senate, 

and the Committee on Appropriations of the Senate. 

SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL 

LEASES. 

(a) IN GENERAL.—The Secretary of the Treasury, in 

consultation with the Secretary and Amtrak, may make 

agreements to restructure Amtrak’s indebtedness as of the 

date of enactment of this Act. This authorization expires 2 

years after the date of enactment of this Act. 

(b) DEBT RESTRUCTURING.—The Secretary of the 

Treasury, in consultation with the Secretary and Amtrak, 

shall enter into negotiations with the holders of Amtrak debt, 

including leases, outstanding as of the date of enactment of 

this Act for the purpose of restructuring (including repayment) and repaying that debt. The Secretary of the Treasury 

may secure agreements for restructuring or repayment on 

such terms as the Secretary of the Treasury deems favorable 

to the interests of the United States Government. 

(c) CRITERIA.—In restructuring Amtrak’s indebtedness, 

the Secretary of the Treasury and Amtrak— 
161 

•HRES 1492 EH 

(1) shall take into consideration repayment costs, 

the term of any loan or loans, and market conditions; 

and 

(2) shall ensure that the restructuring results in 

significant savings to Amtrak and the United States 

Government. 

(d) PAYMENT OF RENEGOTIATED DEBT.—If the criteria 

under subsection (c) are met, the Secretary of the Treasury 

may assume or repay the restructured debt, as appropriate. 

(e) AMTRAK PRINCIPAL AND INTEREST PAYMENTS.— 

(1) PRINCIPAL ON DEBT SERVICE.—Unless the Secretary of the Treasury makes sufficient payments to 

creditors under subsection (d) so that Amtrak is required to make no payments to creditors in a fiscal year, 

the Secretary shall use funds authorized by section 102 

of this division for the use of Amtrak for retirement of 

principal or payment of interest on loans for capital 

equipment, or capital leases. 

(2) REDUCTIONS IN AUTHORIZATION LEVELS.— 

Whenever action taken by the Secretary of the Treasury 

under subsection (a) results in reductions in amounts of 

principal or interest that Amtrak must service on existing debt, the corresponding amounts authorized by section 102 shall be reduced accordingly. 
162 

•HRES 1492 EH 

(f) LEGAL EFFECT OF PAYMENTS UNDER THIS SECTION.—The payment of principal and interest on secured 

debt, other than debt assumed under subsection (d), with the 

proceeds of grants under subsection (e) shall not— 

(1) modify the extent or nature of any indebtedness 

of Amtrak to the United States in existence as of the 

date of enactment of this Act; 

(2) change the private nature of Amtrak’s or its 

successors’ liabilities; or 

(3) imply any Federal guarantee or commitment to 

amortize Amtrak’s outstanding indebtedness. 

(g) SECRETARY APPROVAL.—Amtrak may not incur 

more debt after the date of enactment of this Act without the 

express advance approval of the Secretary. 

(h) REPORT.—The Secretary of the Treasury shall 

transmit a report to the Committee on Transportation and 

Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, 

the Committee on Commerce, Science, and Transportation of 

the Senate, and the Committee on Appropriations of the Senate, by June 1, 2010— 

(1) describing in detail any agreements to restructure the Amtrak debt; and 

(2) providing an estimate of the savings to Amtrak 

and the United States Government. 
163 

•HRES 1492 EH 

SEC. 206. ESTABLISHMENT OF GRANT PROCESS. 

(a) GRANT REQUESTS.—Amtrak shall submit grant requests (including a schedule for the disbursement of funds), 

consistent with the requirements of this division, to the Secretary for funds authorized to be appropriated to the Secretary for the use of Amtrak under sections 101(a), (b), and 

(c), 102, 219(b), and 302. 

(b) PROCEDURES FOR GRANT REQUESTS.—The Secretary shall establish substantive and procedural requirements, including schedules, for grant requests under this section not later than 30 days after the date of enactment of 

this Act and shall transmit copies of such requirements and 

schedules to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate. As 

part of those requirements, the Secretary shall require, at a 

minimum, that Amtrak deposit grant funds, consistent with 

the appropriated amounts for each area of expenditure in a 

given fiscal year, in the following 2 accounts: 

(1) The Amtrak Operating account. 

(2) The Amtrak General Capital account. 

Amtrak may not transfer such funds to another account or 

expend such funds for any purpose other than the purposes 

covered by the account in which the funds are deposited without approval by the Secretary. 

(c) REVIEW AND APPROVAL.— 
164 

•HRES 1492 EH 

(1) 30-DAY APPROVAL PROCESS.—The Secretary 

shall complete the review of a grant request (including 

the disbursement schedule) and approve or disapprove 

the request within 30 days after the date on which Amtrak submits the grant request. If the Secretary disapproves the request or determines that the request is 

incomplete or deficient, the Secretary shall include the 

reason for disapproval or the incomplete items or deficiencies in a notice to Amtrak. 

(2) 15-DAY MODIFICATION PERIOD.—Within 15 

days after receiving notification from the Secretary 

under the preceding sentence, Amtrak shall submit a 

modified request for the Secretary’s review. 

(3) REVISED REQUESTS.—Within 15 days after receiving a modified request from Amtrak, the Secretary 

shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the remaining deficiencies and recommend a process for resolving the outstanding portions of the request. 
165 

•HRES 1492 EH 

SEC. 207. METRICS AND STANDARDS. 

(a) IN GENERAL.—Within 180 days after the date of enactment of this Act, the Federal Railroad Administration and 

Amtrak shall jointly, in consultation with the Surface Transportation Board, rail carriers over whose rail lines Amtrak 

trains operate, States, Amtrak employees, nonprofit employee 

organizations representing Amtrak employees, and groups 

representing Amtrak passengers, as appropriate, develop new 

or improve existing metrics and minimum standards for 

measuring the performance and service quality of intercity 

passenger train operations, including cost recovery, on-time 

performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services. Such 

metrics, at a minimum, shall include the percentage of avoidable and fully allocated operating costs covered by passenger 

revenues on each route, ridership per train mile operated, 

measures of on-time performance and delays incurred by 

intercity passenger trains on the rail lines of each rail carrier 

and, for long-distance routes, measures of connectivity with 

other routes in all regions currently receiving Amtrak service 

and the transportation needs of communities and populations 

that are not well-served by other forms of intercity transportation. Amtrak shall provide reasonable access to the Federal 

Railroad Administration in order to enable the Administration to carry out its duty under this section. 
166 

•HRES 1492 EH 

(b) QUARTERLY REPORTS.—The Administrator of the 

Federal Railroad Administration shall collect the necessary 

data and publish a quarterly report on the performance and 

service quality of intercity passenger train operations, including Amtrak’s cost recovery, ridership, on-time performance 

and minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services. 

(c) CONTRACTS WITH HOST RAIL CARRIERS.—To the 

extent practicable, Amtrak and its host rail carriers shall incorporate the metrics and standards developed under subsection (a) into their access and service agreements. 

(d) ARBITRATION.—If the development of the metrics 

and standards is not completed within the 180-day period required by subsection (a), any party involved in the development of those standards may petition the Surface Transportation Board to appoint an arbitrator to assist the parties in 

resolving their disputes through binding arbitration. 

SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE 

PLANNING DECISIONS. 

(a) METHODOLOGY DEVELOPMENT.—Within 180 days 

after the date of enactment of this Act, the Federal Railroad 

Administration shall obtain the services of a qualified independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity 

passenger routes and services it will provide, including the es-
167 

•HRES 1492 EH 

tablishment of new routes, the elimination of existing routes, 

and the contraction or expansion of services or frequencies 

over such routes. In developing such methodologies, the entity 

shall consider— 

(1) the current or expected performance and service 

quality of intercity passenger train operations, including 

cost recovery, on-time performance and minutes of delay, 

ridership, on-board services, stations, facilities, equipment, and other services; 

(2) connectivity of a route with other routes; 

(3) the transportation needs of communities and 

populations that are not well served by intercity passenger rail service or by other forms of intercity transportation; 

(4) Amtrak’s and other major intercity passenger 

rail service providers in other countries’ methodologies 

for determining intercity passenger rail routes and services; and 

(5) the views of the States and other interested parties. 

(b) SUBMITTAL TO CONGRESS.—Within 1 year after the 

date of enactment of this Act, the entity shall submit recommendations developed under subsection (a) to Amtrak, the 

Committee on Transportation and Infrastructure of the 
168 

•HRES 1492 EH 

House of Representatives, and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(c) CONSIDERATION OF RECOMMENDATIONS.—Within 

90 days after receiving the recommendations developed under 

subsection (a) by the entity, the Amtrak Board of Directors 

shall consider the adoption of those recommendations. The 

Board shall transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate explaining its reasons for adopting or not 

adopting the recommendations. 

SEC. 209. STATE-SUPPORTED ROUTES. 

(a) IN GENERAL.—Within 2 years after the date of enactment of this Act, the Amtrak Board of Directors, in consultation with the Secretary, the governors of each relevant 

State, and the Mayor of the District of Columbia, or entities 

representing those officials, shall develop and implement a 

single, nationwide standardized methodology for establishing 

and allocating the operating and capital costs among the 

States and Amtrak associated with trains operated on each 

of the routes described in section 24102(5)(B) and (D) and 

section 24702 that— 

(1) ensures, within 5 years after the date of enactment of this Act, equal treatment in the provision of like 
169 

•HRES 1492 EH 

services of all States and groups of States (including the 

District of Columbia); and 

(2) allocates to each route the costs incurred only 

for the benefit of that route and a proportionate share, 

based upon factors that reasonably reflect relative use, 

of costs incurred for the common benefit of more than 

1 route. 

(b) REVISIONS.—The Amtrak Board of Directors, in 

consultation with the Secretary, the governors of each relevant State, and the Mayor of the District of Columbia, or 

entities representing those officials, may revise or amend the 

methodology established under subsection (a) as necessary, 

consistent with the intent of this section, including revisions 

or modifications based on Amtrak’s financial accounting system developed pursuant to section 203 of this division. 

(c) REVIEW.—If Amtrak and the States (including the 

District of Columbia) in which Amtrak operates such routes 

do not voluntarily adopt and implement the methodology developed under subsection (a) in allocating costs and determining compensation for the provision of service in accordance with the date established therein, the Surface Transportation Board shall determine the appropriate methodology required under subsection (a) for such services in accordance 

with the procedures and procedural schedule applicable to a 

proceeding under section 24904(c) of title 49, United States 
170 

•HRES 1492 EH 

Code, and require the full implementation of this methodology with regards to the provision of such service within 1 

year after the Board’s determination of the appropriate methodology. 

(d) USE OF CHAPTER 244 FUNDS.—Funds provided to 

a State under chapter 244 of title 49, United States Code, 

may be used, as provided in that chapter, to pay capital costs 

determined in accordance with this section. 

SEC. 210. LONG-DISTANCE ROUTES. 

(a) IN GENERAL.—Chapter 247 is amended by adding 

at the end thereof the following: 

‘‘§ 24710. Long-distance routes 

‘‘(a) ANNUAL EVALUATION.—Using the financial and 

performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008, Amtrak shall— 

‘‘(1) evaluate annually the financial and operating 

performance of each long-distance passenger rail route 

operated by Amtrak; and 

‘‘(2) rank the overall performance of such routes for 

2008 and identify each long-distance passenger rail 

route operated by Amtrak in 2008 according to its overall performance as belonging to the best performing 

third of such routes, the second best performing third of 
171 

•HRES 1492 EH 

such routes, or the worst performing third of such 

routes. 

‘‘(b) PERFORMANCE IMPROVEMENT PLAN.—Amtrak 

shall develop and post on its website a performance improvement plan for its long-distance passenger rail routes to 

achieve financial and operating improvements based on the 

data collected through the application of the financial and 

performance metrics developed under section 207 of that Act. 

The plan shall address— 

‘‘(1) on-time performance; 

‘‘(2) scheduling, frequency, routes, and stops; 

‘‘(3) the feasibility of restructuring service into connected corridor service; 

‘‘(4) performance-related equipment changes and 

capital improvements; 

‘‘(5) on-board amenities and service, including food, 

first class, and sleeping car service; 

‘‘(6) State or other non-Federal financial contributions; 

‘‘(7) improving financial performance; 

‘‘(8) anticipated Federal funding of operating and 

capital costs; and 

‘‘(9) other aspects of Amtrak’s long-distance passenger rail routes that affect the financial, competitive, 
172 

•HRES 1492 EH 

and functional performance of service on Amtrak’s longdistance passenger rail routes. 

‘‘(c) IMPLEMENTATION.—Amtrak shall implement the 

performance improvement plan developed under subsection 

(b)— 

‘‘(1) beginning in fiscal year 2010 for those routes 

identified as being in the worst performing third under 

subsection (a)(2); 

‘‘(2) beginning in fiscal year 2011 for those routes 

identified as being in the second best performing third 

under subsection (a)(2); and 

‘‘(3) beginning in fiscal year 2012 for those routes 

identified as being in the best performing third under 

subsection (a)(2). 

‘‘(d) ENFORCEMENT.—The Federal Railroad Administration shall monitor the development, implementation, and 

outcome of improvement plans under this section. If the Federal Railroad Administration determines that Amtrak is not 

making reasonable progress in implementing its performance 

improvement plan or, after the performance improvement 

plan is implemented under subsection (c)(1) in accordance 

with the terms of that plan, Amtrak has not achieved the outcomes it has established for such routes, under the plan for 

any calendar year, the Federal Railroad Administration— 
173 

•HRES 1492 EH 

‘‘(1) shall notify Amtrak, the Inspector General of 

the Department of Transportation, the Committee on 

Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, 

and Transportation of the Senate of its determination 

under this subsection; 

‘‘(2) shall provide Amtrak with an opportunity for 

a hearing with respect to that determination; and 

‘‘(3) may withhold appropriated funds otherwise 

available to Amtrak for the operation of a route or 

routes from among the worst performing third of routes 

currently served by Amtrak on which Amtrak is not 

making reasonable progress, other than funds made 

available for passenger safety or security measures.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 247 is amended by inserting after the item relating to section 24709 the following: 

‘‘24710. Long distance routes.’’. 

SEC. 211. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR 

PLAN. 

(a) IN GENERAL.—Within 6 months after the date of 

enactment of this Act, Amtrak, in consultation with the Secretary and the States (including the District of Columbia) 

that make up the Northeast Corridor (as defined in section 

24102 of title 49, United States Code), shall prepare a capital spending plan for capital projects required to return the 
174 

•HRES 1492 EH 

railroad right-of-way (including track, signals, and auxiliary 

structures), facilities, stations, and equipment, of the Northeast Corridor main line to a state-of-good-repair by the end 

of fiscal year 2018, consistent with the funding levels authorized in this division, and shall submit the plan to the Secretary. 

(b) REVIEW AND APPROVAL BY THE SECRETARY.— 

(1) 60-DAY APPROVAL PROCESS.—The Secretary 

shall complete the review of the capital spending plan 

and approve or disapprove the plan within 60 days after 

the date on which Amtrak submits the plan. During review, the Secretary may seek comments from the Commission established under section 24905 of title 49, 

United States Code, and other Northeast Corridor users 

regarding the plan. If the Secretary disapproves the plan 

or determines that the plan is incomplete or deficient, 

the Secretary shall include the reason for disapproval or 

the incomplete items or deficiencies in a notice to Amtrak. 

(2) 15-DAY MODIFICATION PERIOD.—Within 15 

days after receiving notification from the Secretary 

under paragraph (1), Amtrak shall submit a modified 

plan for the Secretary’s review. 

(3) REVISED REQUESTS.—Within 15 days after receiving a modified plan from Amtrak, the Secretary shall 
175 

•HRES 1492 EH 

either approve the modified plan, or, if the Secretary 

finds that the plan is still incomplete or deficient, the 

Secretary shall identify in writing to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate the remaining deficiencies and recommend a process for resolving the outstanding portions of the plan. 

(c) PLAN UPDATES.—The plan shall be updated at least 

annually and the Secretary shall review and approve such updates, in accordance with the procedures described in subsection (b). 

(d) GRANTS.—The Secretary shall make grants to Amtrak with funds authorized by section 101(c) for Northeast 

Corridor capital investments contained within the capital 

spending plan prepared by Amtrak and approved by the Secretary. 

(e) OVERSIGHT.—Using the funds authorized by section 

101(d), the Secretary shall review Amtrak’s capital expenditures funded by this section to ensure that such expenditures 

are consistent with the capital spending plan and that Amtrak is providing adequate project management oversight and 

fiscal controls. 
176 

•HRES 1492 EH 

(f) ELIGIBILITY OF EXPENDITURES.—The Federal share 

of expenditures for capital improvements under this section 

may not exceed 100 percent. 

SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS IMPROVEMENTS. 

(a) IN GENERAL.—Section 24905 is amended to read as 

follows: 

‘‘§ 24905. Northeast Corridor Infrastructure and Operations Advisory Commission; Safety Committee 

‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS ADVISORY COMMISSION.— 

‘‘(1) Within 180 days after the date of enactment 

of the Passenger Rail Investment and Improvement Act 

of 2008, the Secretary of Transportation shall establish 

a Northeast Corridor Infrastructure and Operations Advisory Commission (referred to in this section as the 

‘Commission’) to promote mutual cooperation and planning pertaining to the rail operations and related activities of the Northeast Corridor. The Commission shall be 

made up of— 

‘‘(A) members representing Amtrak; 

‘‘(B) members representing the Department of 

Transportation, including the Federal Railroad Administration; 
177 

•HRES 1492 EH 

‘‘(C) 1 member from each of the States (including the District of Columbia) that constitute 

the Northeast Corridor as defined in section 24102, 

designated by, and serving at the pleasure of, the 

chief executive officer thereof; and 

‘‘(D) non-voting representatives of freight railroad carriers using the Northeast Corridor selected 

by the Secretary. 

‘‘(2) The Secretary shall ensure that the membership belonging to any of the groups enumerated under 

paragraph (1) shall not constitute a majority of the 

Commission’s memberships. 

‘‘(3) The Commission shall establish a schedule and 

location for convening meetings, but shall meet no less 

than four times per fiscal year, and the Commission 

shall develop rules and procedures to govern the Commission’s proceedings. 

‘‘(4) A vacancy in the Commission shall be filled in 

the manner in which the original appointment was made. 

‘‘(5) Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of 

title 5. 

‘‘(6) The Chairman of the Commission shall be 

elected by the members. 
178 

•HRES 1492 EH 

‘‘(7) The Commission may appoint and fix the pay 

of such personnel as it considers appropriate. 

‘‘(8) Upon request of the Commission, the head of 

any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of 

that department or agency to the Commission to assist 

it in carrying out its duties under this section. 

‘‘(9) Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out 

its responsibilities under this section. 

‘‘(10) The Commission shall consult with other entities as appropriate. 

‘‘(b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 

‘‘(1) STATEMENT OF GOALS.—The Commission 

shall develop a statement of goals concerning the future 

of Northeast Corridor rail infrastructure and operations 

based on achieving expanded and improved intercity, 

commuter, and freight rail services operating with greater safety and reliability, reduced travel times, increased 

frequencies and enhanced intermodal connections designed to address airport and highway congestion, reduce transportation energy consumption, improve air 
179 

•HRES 1492 EH 

quality, and increase economic development of the 

Northeast Corridor region. 

‘‘(2) RECOMMENDATIONS.—The Commission shall 

develop recommendations based on the statement developed under this section addressing, as appropriate— 

‘‘(A) short-term and long-term capital investment needs beyond those specified in the state-ofgood-repair plan under section 211 of the Passenger 

Rail Investment and Improvement Act of 2008; 

‘‘(B) future funding requirements for capital 

improvements and maintenance; 

‘‘(C) operational improvements of intercity passenger rail, commuter rail, and freight rail services; 

‘‘(D) opportunities for additional non-rail uses 

of the Northeast Corridor; 

‘‘(E) scheduling and dispatching; 

‘‘(F) safety and security enhancements; 

‘‘(G) equipment design; 

‘‘(H) marketing of rail services; 

‘‘(I) future capacity requirements; and 

‘‘(J) potential funding and financing mechanisms for projects of corridor-wide significance. 

‘‘(c) ACCESS COSTS.— 

‘‘(1) DEVELOPMENT OF FORMULA.—Within 2 years 

after the date of enactment of the Passenger Rail Invest-
180 

•HRES 1492 EH 

ment and Improvement Act of 2008, the Commission 

shall— 

‘‘(A) develop a standardized formula for determining and allocating costs, revenues, and compensation for Northeast Corridor commuter rail 

passenger transportation, as defined in section 

24102 of this title, on the Northeast Corridor main 

line between Boston, Massachusetts, and Washington, District of Columbia, and the Northeast 

Corridor branch lines connecting to Harrisburg, 

Pennsylvania, Springfield, Massachusetts, and 

Spuyten Duyvil, New York, that use Amtrak facilities or services or that provide such facilities or 

services to Amtrak that ensures that— 

‘‘(i) there is no cross-subsidization of commuter rail passenger, intercity rail passenger, 

or freight rail transportation; 

‘‘(ii) each service is assigned the costs incurred only for the benefit of that service, and 

a proportionate share, based upon factors that 

reasonably reflect relative use, of costs incurred 

for the common benefit of more than 1 service; 

and 

‘‘(iii) all financial contributions made by 

an operator of a service that benefit an infra-
181 

•HRES 1492 EH 

structure owner other than the operator are 

considered, including but not limited to, any 

capital infrastructure investments and in-kind 

services; 

‘‘(B) develop a proposed timetable for implementing the formula before the end of the 6th year 

following the date of enactment of that Act; 

‘‘(C) transmit the proposed timetable to the 

Surface Transportation Board; and 

‘‘(D) at the request of a Commission member, 

petition the Surface Transportation Board to appoint a mediator to assist the Commission members 

through non-binding mediation to reach an agreement under this section. 

‘‘(2) IMPLEMENTATION.—Amtrak and public authorities providing commuter rail passenger transportation on the Northeast Corridor shall implement new 

agreements for usage of facilities or services based on 

the formula proposed in paragraph (1) in accordance 

with the timetable established therein. If the entities fail 

to implement such new agreements in accordance with 

the timetable, the Commission shall petition the Surface 

Transportation Board to determine the appropriate compensation amounts for such services in accordance with 

section 24904(c) of this title. The Surface Transpor-
182 

•HRES 1492 EH 

tation Board shall enforce its determination on the party 

or parties involved. 

‘‘(3) REVISIONS.—The Commission may make necessary revisions to the formula developed under paragraph (1), including revisions based on Amtrak’s financial accounting system developed pursuant to section 203 

of the Passenger Rail Investment and Improvement Act 

of 2008. 

‘‘(d) TRANSMISSION OF STATEMENT OF GOALS AND

RECOMMENDATIONS.—The Commission shall transmit to the 

Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives— 

‘‘(1) the statement of goals developed under subsection (b) within 1 year after the date of enactment of 

the Passenger Rail Investment and Improvement Act of 

2008; and 

‘‘(2) the recommendations developed under subsection (b) and the formula and timetable developed 

under subsection (c)(1) annually. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Commission such sums 

as may be necessary for the period encompassing fiscal years 

2009 through 2013 to carry out this section. 

‘‘(f) NORTHEAST CORRIDOR SAFETY COMMITTEE.— 
183 

•HRES 1492 EH 

‘‘(1) IN GENERAL.—The Secretary shall establish a 

Northeast Corridor Safety Committee composed of members appointed by the Secretary. The members shall be 

representatives of— 

‘‘(A) the Department of Transportation, including the Federal Railroad Administration; 

‘‘(B) Amtrak; 

‘‘(C) freight carriers operating more than 

150,000 train miles a year on the main line of the 

Northeast Corridor; 

‘‘(D) commuter rail agencies; 

‘‘(E) rail passengers; 

‘‘(F) rail labor; and 

‘‘(G) other individuals and organizations the 

Secretary decides have a significant interest in rail 

safety or security. 

‘‘(2) FUNCTION; MEETINGS.—The Secretary shall 

consult with the Committee about safety and security 

improvements on the Northeast Corridor main line. The 

Committee shall meet at least two times per year to consider safety and security matters on the main line. 

‘‘(3) REPORT.—At the beginning of the first session 

of each Congress, the Secretary shall submit a report to 

the Commission and to the Committee on Transportation and Infrastructure of the House of Representa-
184 

•HRES 1492 EH 

tives and the Committee on Commerce, Science, and 

Transportation of the Senate on the status of efforts to 

improve safety and security on the Northeast Corridor 

main line. The report shall include the safety and security recommendations of the Committee and the comments of the Secretary on those recommendations.’’. 

(b) CONFORMING AMENDMENTS.—(1) The item relating 

to section 24905 in the table of sections of chapter 249 is 

amended to read as follows: 

‘‘24905. Northeast Corridor Infrastructure and Operations Advisory Commission; Safety Committee.’’. 

(2) Section 24904(c)(2) is amended by— 

(A) inserting ‘‘commuter rail passenger and’’ after 

‘‘between’’; and 

(B) striking ‘‘freight’’ in the second sentence. 

(c) RIDOT ACCESS AGREEMENT.— 

(1) IN GENERAL.—Not later than July 1, 2009, 

Amtrak and the Rhode Island Department of Transportation shall enter into an agreement governing access 

fees and other costs or charges related to the operation 

of the South County commuter rail service on the Northeast Corridor between Providence and Wickford Junction, Rhode Island. 

(2) FAILURE TO REACH AGREEMENT.—If Amtrak 

and the Rhode Island Department of Transportation fail 

to reach the agreement specified under paragraph (1), 
185 

•HRES 1492 EH 

the Administrator of the Federal Railroad Administration shall, after consultation with both parties, resolve 

any outstanding disagreements between the parties, including setting access fees and other costs or charges related to the operation of the South County commuter 

rail service that do not allow for the cross-subsidization 

of intercity rail passenger and commuter rail passenger 

service, not later than January 1, 2010. 

(3) INTERIM ACCESS COSTS.—Any agreement between Amtrak and the Rhode Island Department of 

Transportation relating to access costs made under this 

subsection shall be superseded by any access cost formula developed by the Northeast Corridor Infrastructure 

and Operations Advisory Commission under section 

24905(c)(1) of title 49, United States Code, as amended 

by subsection (a) of this section. 

(d) HIGH-SPEED SERVICE STUDY.— 

(1) IN GENERAL.—Amtrak shall submit a report 

detailing the infrastructure and equipment improvements 

necessary to provide regular high-speed service— 

(A) between Washington, District of Columbia, 

and New York, New York, in 2 hours and 30 minutes; and 

(B) between New York, New York, and Boston, Massachusetts, in 3 hours and 15 minutes. 
186 

•HRES 1492 EH 

(2) ISSUES.—The report shall include— 

(A) an estimated time frame for achieving the 

trip time described in paragraph (1); 

(B) an analysis of any significant obstacles 

that would hinder such an achievement; 

(C) a detailed description and cost estimate of 

the specific infrastructure and equipment improvements necessary for such an achievement; and 

(D) an initial assessment of the infrastructure 

and equipment improvements, including an order of 

magnitude cost estimate of such improvements, that 

would be necessary to provide regular high-speed 

service— 

(i) between Washington, District of Columbia, and New York, New York, in 2 hours 

and 15 minutes; and 

(ii) between New York, New York, and 

Boston, Massachusetts, in 3 hours. 

(3) REPORT.—Within 1 year after the date of enactment of this Act, Amtrak shall submit the report required under this subsection to— 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; 

(B) the Committee on Appropriations of the 

Senate; 
187 

•HRES 1492 EH 

(C) the Committee on Transportation and Infrastructure of the House of Representatives; 

(D) the Committee on Appropriations of the 

House of Representatives; and 

(E) the Federal Railroad Administration. 

(e) REPORT ON NORTHEAST CORRIDOR ECONOMIC DEVELOPMENT.—Within 2 years after the date of enactment of 

this Act, the Northeast Corridor Infrastructure and Operations Advisory Commission shall transmit to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the role of Amtrak’s 

Northeast Corridor service between Washington, District of 

Columbia, and New York, New York, in the economic development of the Northeast Corridor region. The report shall examine how to enhance the utilization of the Northeast Corridor for greater economic development, including improving— 

(1) real estate utilization; 

(2) improved intercity, commuter, and freight services; and 

(3) optimum utility utilization. 

SEC. 213. PASSENGER TRAIN PERFORMANCE. 

(a) IN GENERAL.—Section 24308 is amended by adding 

at the end the following: 
188 

•HRES 1492 EH 

‘‘(f) PASSENGER TRAIN PERFORMANCE AND OTHER

STANDARDS.— 

‘‘(1) INVESTIGATION OF SUBSTANDARD PERFORMANCE.—If the on-time performance of any intercity passenger train averages less than 80 percent for any 2 consecutive calendar quarters, or the service quality of 

intercity passenger train operations for which minimum 

standards are established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 

fails to meet those standards for 2 consecutive calendar 

quarters, the Surface Transportation Board (referred to 

in this section as the ‘Board’) may initiate an investigation, or upon the filing of a complaint by Amtrak, an 

intercity passenger rail operator, a host freight railroad 

over which Amtrak operates, or an entity for which Amtrak operates intercity passenger rail service, the Board 

shall initiate such an investigation, to determine whether 

and to what extent delays or failure to achieve minimum 

standards are due to causes that could reasonably be addressed by a rail carrier over whose tracks the intercity 

passenger train operates or reasonably addressed by Amtrak or other intercity passenger rail operators. As part 

of its investigation, the Board has authority to review 

the accuracy of the train performance data and the extent to which scheduling and congestion contribute to 
189 

•HRES 1492 EH 

delays. In making its determination or carrying out such 

an investigation, the Board shall obtain information 

from all parties involved and identify reasonable measures and make recommendations to improve the service, 

quality, and on-time performance of the train. 

‘‘(2) PROBLEMS CAUSED BY HOST RAIL CARRIER.— 

If the Board determines that delays or failures to 

achieve minimum standards investigated under paragraph (1) are attributable to a rail carrier’s failure to 

provide preference to Amtrak over freight transportation 

as required under subsection (c), the Board may award 

damages against the host rail carrier, including prescribing such other relief to Amtrak as it determines to 

be reasonable and appropriate pursuant to paragraph 

(3) of this subsection. 

‘‘(3) DAMAGES AND RELIEF.—In awarding damages 

and prescribing other relief under this subsection the 

Board shall consider such factors as— 

‘‘(A) the extent to which Amtrak suffers financial loss as a result of host rail carrier delays or 

failure to achieve minimum standards; and 

‘‘(B) what reasonable measures would adequately deter future actions which may reasonably 

be expected to be likely to result in delays to Amtrak on the route involved. 
190 

•HRES 1492 EH 

‘‘(4) USE OF DAMAGES.—The Board shall, as it 

deems appropriate, order the host rail carrier to remit 

the damages awarded under this subsection to Amtrak 

or to an entity for which Amtrak operates intercity passenger rail service. Such damages shall be used for capital or operating expenditures on the routes over which 

delays or failures to achieve minimum standards were 

the result of a rail carrier’s failure to provide preference 

to Amtrak over freight transportation as determined in 

accordance with paragraph (2).’’. 

(b) FEES.—The Surface Transportation Board may establish and collect filing fees from any entity that files a complaint under section 24308(f)(1) of title 49, United States 

Code, or otherwise requests or requires the Board’s services 

pursuant to this division. The Board shall establish such fees 

at levels that will fully or partially, as the Board determines 

to be appropriate, offset the costs of adjudicating complaints 

under that section and other requests or requirements for 

Board action under this division. The Board may waive any 

fee established under this subsection for any governmental 

entity as determined appropriate by the Board. 

(c) AUTHORIZATION OF ADDITIONAL STAFF.—The Surface Transportation Board may increase the number of 

Board employees by up to 15 for the 5 fiscal year period beginning with fiscal year 2009 to carry out its responsibilities 
191 

•HRES 1492 EH 

under section 24308 of title 49, United States Code, and this 

division. 

(d) CHANGE OF REFERENCE.—Section 24308 is amended— 

(1) by striking ‘‘Interstate Commerce Commission’’ 

in subsection (a)(2)(A) and inserting ‘‘Surface Transportation Board’’; 

(2) by striking ‘‘Commission’’ each place it appears 

and inserting ‘‘Board’’; 

(3) by striking ‘‘Secretary of Transportation’’ in 

subsection (c) and inserting ‘‘Board’’; and 

(4) by striking ‘‘Secretary’’ the last 3 places it appears in subsection (c) and each place it appears in subsections (d) and (e) and inserting ‘‘Board’’. 

SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM. 

(a) IN GENERAL.—Chapter 247, as amended by section 

210, is amended by adding at the end thereof the following: 

‘‘§ 24711. Alternate passenger rail service pilot program 

‘‘(a) IN GENERAL.—Within 1 year after the date of enactment of the Passenger Rail Investment and Improvement 

Act of 2008, the Federal Railroad Administration shall complete a rulemaking proceeding to develop a pilot program 

that— 
192 

•HRES 1492 EH 

‘‘(1) permits a rail carrier or rail carriers that own 

infrastructure over which Amtrak operates a passenger 

rail service route described in subparagraph (B), (C), or 

(D) of section 24102(5) or in section 24702 to petition 

the Administration to be considered as a passenger rail 

service provider over that route in lieu of Amtrak for a 

period not to exceed 5 years after the date of enactment 

of the Passenger Rail Investment and Improvement Act 

of 2008; 

‘‘(2) requires the Administration to notify Amtrak 

within 30 days after receiving a petition under paragraph (1) and establish a deadline by which both the petitioner and Amtrak would be required to submit a bid 

to provide passenger rail service over the route to which 

the petition relates; 

‘‘(3) requires that each bid describe how the bidder 

would operate the route, what Amtrak passenger equipment would be needed, if any, what sources of non-Federal funding the bidder would use, including any State 

subsidy, among other things; 

‘‘(4) requires the Administration to select winning 

bidders by evaluating the bids against the financial and 

performance metrics developed under section 207 of the 

Passenger Rail Investment and Improvement Act of 

2008 and to give preference in awarding contracts to 
193 

•HRES 1492 EH 

bidders seeking to operate routes that have been identified as one of the five worst performing Amtrak routes 

under section 24710; 

‘‘(5) requires the Administration to execute a contract within a specified, limited time after the deadline 

established under paragraph (2) and award to the winning bidder— 

‘‘(A) the right and obligation to provide passenger rail service over that route subject to such 

performance standards as the Administration may 

require, consistent with the standards developed 

under section 207 of the Passenger Rail Investment 

and Improvement Act of 2008; and 

‘‘(B) an operating subsidy— 

‘‘(i) for the first year at a level not in excess of the level in effect during the fiscal year 

preceding the fiscal year in which the petition 

was received, adjusted for inflation; 

‘‘(ii) for any subsequent years at such 

level, adjusted for inflation; and 

‘‘(6) requires that each bid contain a staffing plan 

describing the number of employees needed to operate 

the service, the job assignments and requirements, and 

the terms of work for prospective and current employees 

of the bidder for the service outlined in the bid, and such 
194 

•HRES 1492 EH 

staffing plan be made available by the winning bidder to 

the public after the bid award. 

‘‘(b) ROUTE LIMITATIONS.—The Administration may 

not make the program available with respect to more than 2 

Amtrak intercity passenger rail routes. 

‘‘(c) PERFORMANCE STANDARDS; ACCESS TO FACILITIES; EMPLOYEES.—If the Administration awards the right 

and obligation to provide passenger rail service over a route 

under the program to a rail carrier or rail carriers— 

‘‘(1) it shall execute a contract with the rail carrier 

or rail carriers for rail passenger operations on that 

route that conditions the operating and subsidy rights 

upon— 

‘‘(A) the service provider continuing to provide 

passenger rail service on the route that is no less 

frequent, nor over a shorter distance, than Amtrak 

provided on that route before the award; and 

‘‘(B) the service provider’s compliance with the 

minimum standards established under section 207 

of the Passenger Rail Investment and Improvement 

Act of 2008 and such additional performance standards as the Administration may establish; 

‘‘(2) it shall, if the award is made to a rail carrier 

other than Amtrak, require Amtrak to provide access to 

its reservation system, stations, and facilities directly re-
195 

•HRES 1492 EH 

lated to operations to any rail carrier or rail carriers 

awarded a contract under this section, in accordance 

with section 217 of that Act, necessary to carry out the 

purposes of this section; 

‘‘(3) the employees of any person used by a rail carrier or rail carriers (as defined in section 10102(5) of 

this title) in the operation of a route under this section 

shall be considered an employee of that carrier or carriers and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees 

of Amtrak, including provisions under section 121 of the 

Amtrak Reform and Accountability Act of 1997 relating 

to employees that provide food and beverage service; and 

‘‘(4) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the 

award of the bid, consistent with the staffing plan submitted by the bidder and shall be subject to the grant 

conditions under section 24405 of this title. 

‘‘(d) CESSATION OF SERVICE.—If a rail carrier or rail 

carriers awarded a route under this section cease to operate 

the service or fail to fulfill their obligations under the contract required under subsection (c), the Administrator, in collaboration with the Surface Transportation Board, shall take 

any necessary action consistent with this title to enforce the 

contract and ensure the continued provision of service, includ-
196 

•HRES 1492 EH 

ing the installment of an interim service provider and re-bidding the contract to operate the service. The entity providing 

service shall either be Amtrak or a rail carrier defined in subsection (a)(1). 

‘‘(e) ADEQUATE RESOURCES.—Before taking any action 

allowed under this section, the Secretary shall certify that the 

Administrator has sufficient resources that are adequate to 

undertake the program established under this section.’’. 

(b) REPORT.—Within 1 year after the conclusion of the 

pilot program established under subsection (a), the Federal 

Railroad Administration shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results on the 

pilot program established under section 24711, and any recommendations for further action. 

(c) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 247, as amended by section 210, is amended by 

inserting after the item relating to section 24710 the following: 

‘‘24711. Alternate passenger rail service pilot program.’’. 

SEC. 215. EMPLOYEE TRANSITION ASSISTANCE. 

(a) PROVISION OF FINANCIAL INCENTIVES.—For Amtrak employees who are adversely affected by the cessation of 

the operation of a long-distance route or any other route 

under section 24711 of title 49, United States Code, pre-
197 

•HRES 1492 EH 

viously operated by Amtrak, the Secretary shall develop a 

program under which the Secretary may, at the Secretary’s 

discretion, provide grants for financial incentives to be provided to Amtrak employees who voluntarily terminate their 

employment with Amtrak and relinquish any legal rights to 

receive termination-related payments under any contractual 

agreement with Amtrak. 

(b) CONDITIONS FOR FINANCIAL INCENTIVES.—As a 

condition for receiving financial assistance grants under this 

section, Amtrak must certify that— 

(1) a reasonable attempt was made to reassign an 

employee adversely affected under section 24711 of title 

49, United States Code, or by the elimination of any 

route, to other positions within Amtrak in accordance 

with any contractual agreements; 

(2) the financial assistance results in a net reduction in the total number of employees equal to the number receiving financial incentives; 

(3) the financial assistance results in a net reduction in total employment expense equivalent to the total 

employment expenses associated with the employees receiving financial incentives; and 

(4) the total number of employees eligible for termination-related payments will not be increased without 

the express written consent of the Secretary. 
198 

•HRES 1492 EH 

(c) AMOUNT OF FINANCIAL INCENTIVES.—The financial 

incentives authorized under this section may be no greater 

than $100,000 per employee. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are 

hereby authorized to be appropriated to the Secretary such 

sums as may be necessary to make grants to Amtrak to provide financial incentives under subsection (a). 

(e) TERMINATION-RELATED PAYMENTS.—If Amtrak 

employees adversely affected by the cessation of Amtrak service resulting from the awarding of a grant to an operator 

other than Amtrak for the operation of a route under section 

24711 of title 49, United States Code, or any other route, 

previously operated by Amtrak do not receive financial incentives under subsection (a), then the Secretary shall make 

grants to Amtrak from funds authorized by section 101 of 

this division for termination-related payments to employees 

under existing contractual agreements. 

SEC. 216. SPECIAL PASSENGER TRAINS. 

Amtrak is encouraged to increase the operation of special trains funded by, or in partnership with, private sector 

operators through competitive contracting to minimize the 

need for Federal subsidies. Amtrak shall utilize the provisions 

of section 24308 of title 49, United States Code, when necessary to obtain access to facilities, train and engine crews, 
199 

•HRES 1492 EH 

or services of a rail carrier or regional transportation authority that are required to operate such trains. 

SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES. 

If a State desires to select or selects an entity other than 

Amtrak to provide services required for the operation of an 

intercity passenger train route described in section 

24102(5)(D) or 24702 of title 49, United States Code, the 

State may make an agreement with Amtrak to use facilities 

and equipment of, or have services provided by, Amtrak 

under terms agreed to by the State and Amtrak to enable the 

State to utilize an entity other than Amtrak to provide services required for operation of the route. If the parties cannot 

agree upon terms, and the Surface Transportation Board 

finds that access to Amtrak’s facilities or equipment, or the 

provision of services by Amtrak, is necessary to carry out this 

provision and that the operation of Amtrak’s other services 

will not be impaired thereby, the Surface Transportation 

Board shall, within 120 days after submission of the dispute, 

issue an order that the facilities and equipment be made 

available, and that services be provided, by Amtrak, and shall 

determine reasonable compensation, liability, and other terms 

for use of the facilities and equipment and provision of the 

services. Compensation shall be determined, as appropriate, 

in accordance with the methodology established pursuant to 

section 209 of this division, if available. 
200 

•HRES 1492 EH 

SEC. 218. GENERAL AMTRAK PROVISIONS. 

(a) CONFORMING CHANGES.— 

(1) PLAN REQUIRED.—Section 24101(d) is amended— 

(A) by striking ‘‘plan to operate within the 

funding levels authorized by section 24104 of this 

chapter, including the budgetary goals for fiscal 

years 1998 through 2002.’’ and inserting ‘‘plan, 

consistent with section 204 of the Passenger Rail 

Investment and Improvement Act of 2008, including the budgetary goals for fiscal years 2009 

through 2013.’’; and 

(B) by striking the last sentence and inserting 

‘‘Amtrak and its Board of Directors shall adopt a 

long-term plan that minimizes the need for Federal 

operating subsidies.’’. 

(2) AMTRAK REFORM AND ACCOUNTABILITY ACT

AMENDMENTS.—Title II of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 nt) is amended by striking sections 204 and 205. 

(b) LEASE ARRANGEMENTS AND OTHER PURCHASES.— 

Amtrak may obtain from the Administrator of General Services, and the Administrator may provide to Amtrak, services 

under sections 502(a) and 602 of title 40, United States 

Code. 
201 

•HRES 1492 EH 

SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING 

INTERCITY RAIL STATIONS. 

(a) IN GENERAL.—Amtrak, in consultation with station 

owners and other railroads operating service through the existing stations that it serves, shall evaluate the improvements 

necessary to make these stations readily accessible to and usable by individuals with disabilities, as required by such section 242(e)(2) of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12162(e)(2)). The evaluation shall include, for 

each applicable station, improvements required to bring it 

into compliance with the applicable parts of such section 

242(e)(2), any potential barriers to achieving compliance, including issues related to passenger rail station platforms, the 

estimated cost of the improvements necessary, the identification of the responsible person (as defined in section 241(5) 

of that Act (42 U.S.C. 12161(5))), and the earliest practicable date when such improvements can be made. The evaluation shall also include a detailed plan and schedule for 

bringing all applicable stations into compliance with the applicable parts of section 242(e)(2) by the 2010 statutory 

deadline for station accessibility. Amtrak shall submit the 

evaluation to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on 

Commerce, Science, and Transportation of the Senate; the 

Department of Transportation; and the National Council on 

Disability by February 1, 2009, along with recommendations 
202 

•HRES 1492 EH 

for funding the necessary improvements. Should the Department of Transportation issue any rule related to transportation for individuals with disabilities by intercity passenger 

rail after Amtrak submits its evaluation, Amtrak shall, within 

120 days after the date that such rule is published, submit 

to the above parties a supplemental evaluation on any impact 

of the rule on its cost and schedule for achieving full compliance. 

(b) ACCESSIBILITY IMPROVEMENTS AND BARRIER REMOVAL FOR PEOPLE WITH DISABILITIES.—There are authorized to be appropriated to the Secretary for the use of 

Amtrak such sums as may be necessary to improve the accessibility of facilities, including rail platforms, and services. 

SEC. 220. OVERSIGHT OF AMTRAK’S COMPLIANCE WITH ACCESSIBILITY REQUIREMENTS. 

Using the funds authorized by section 103 of this division, the Federal Railroad Administration shall monitor and 

conduct periodic reviews of Amtrak’s compliance with applicable sections of the Americans with Disabilities Act of 1990 

and the Rehabilitation Act of 1974 to ensure that Amtrak’s 

services and facilities are accessible to individuals with disabilities to the extent required by law. 

SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY. 

(a) IN GENERAL.—Chapter 243 is amended by inserting 

after section 24309 the following: 
203 

•HRES 1492 EH 

‘‘§ 24310. Management accountability 

‘‘(a) IN GENERAL.—Within 3 years after the date of enactment of the Passenger Rail Investment and Improvement 

Act of 2008, and 2 years thereafter, the Inspector General 

of the Department of Transportation shall complete an overall assessment of the progress made by Amtrak management 

and the Department of Transportation in implementing the 

provisions of that Act. 

‘‘(b) ASSESSMENT.—The management assessment undertaken by the Inspector General may include a review of— 

‘‘(1) effectiveness in improving annual financial 

planning; 

‘‘(2) effectiveness in implementing improved financial accounting; 

‘‘(3) efforts to implement minimum train performance standards; 

‘‘(4) progress maximizing revenues, minimizing 

Federal subsidies, and improving financial results; and 

‘‘(5) any other aspect of Amtrak operations the Inspector General finds appropriate to review.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for chapter 243 is amended by inserting after the item relating to section 24309 the following: 

‘‘24310. Management accountability.’’. 
204 

•HRES 1492 EH 

SEC. 222. ON-BOARD SERVICE IMPROVEMENTS. 

(a) IN GENERAL.—Within 1 year after metrics and 

standards are established under section 207 of this division, 

Amtrak shall develop and implement a plan to improve onboard service pursuant to the metrics and standards for such 

service developed under that section. 

(b) REPORT.—Amtrak shall provide a report to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate on the on-board 

service improvements proscribed in the plan and the timeline 

for implementing such improvements. 

SEC. 223. INCENTIVE PAY. 

The Amtrak Board of Directors is encouraged to develop 

an incentive pay program for Amtrak management employees. 

SEC. 224. PASSENGER RAIL SERVICE STUDIES. 

(a) INTERCITY RAIL SERVICE STUDIES.—Within 1 year 

after the date of enactment of this Act, Amtrak shall conduct 

studies of the following routes: 

(1) The Pioneer Route between Seattle and Chicago, which was operated by Amtrak until 1997, to determine whether to reinstate passenger rail service along 

the route or along segments of the route. 

(2) The North Coast Hiawatha Route between Chicago and Seattle, through southern Montana, which was 
205 

•HRES 1492 EH 

operated by Amtrak until 1979, to determine whether to 

reinstate passenger rail service along the route or along 

segments of the route, provided that such service will not 

negatively impact existing Amtrak routes. 

(3) Between Cornwells Heights, Pennsylvania, and 

New York, New York, to determine whether to expand 

passenger rail service by increasing the frequency of 

stops or reducing commuter ticket prices for this route. 

(4) Between Princeton Junction, New Jersey, and 

Philadelphia, Pennsylvania, to determine whether to expand passenger rail service along the route. 

(5) Between Harrisburg and Pittsburgh, Pennsylvania, to determine whether to increase frequency of 

passenger rail service along the route or along segments 

of the route. 

(6) The Capitol Limited Route between Cumberland, Maryland, and Pittsburgh, Pennsylvania, to determine whether to reinstate a station stop at Rockwood, 

Pennsylvania. 

(b) ASSISTANCE.—The Comptroller General of the General Accountability Office shall, upon request by Amtrak, assist Amtrak in conducting the studies under subsection (a). 

(c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The 

Secretary shall conduct— 
206 

•HRES 1492 EH 

(A) an analysis of the Secretary’s December 1, 

1998, extension of the designation of the Southeast 

High-Speed Rail Corridor as authorized under section 

104(d)(2) of title 23, United States Code, including an 

analysis of alternative routings for the corridor; 

(B) a feasibility analysis regarding the expansion of 

the South Central High-Speed Rail Corridor— 

(i) to Memphis, Tennessee; 

(ii) to the Port of Houston, Texas; 

(iii) through Killeen, Texas; and 

(iv) south of San Antonio, Texas, to a location 

in far south Texas to be chosen at the discretion of 

the Secretary; and 

(C) a feasibility analysis regarding the expansion of 

the Keystone Corridor to Cleveland, Ohio. 

These analyses shall consider changes that have occurred in 

the region’s population, anticipated patterns of population 

growth, connectivity with other modes of transportation, the 

ability of the proposed corridor to reduce regional traffic congestion, and the ability of current and proposed routings to 

enhance tourism. Within 1 year after the date of enactment 

of this Act, the Secretary shall submit a report on these analyses to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and shall 
207 

•HRES 1492 EH 

redesignate or modify corridor designations based on these 

analyses, if necessary. 

(2) The Secretary shall establish a process for a State 

or group of States to petition the Secretary to redesignate or 

modify any designated high-speed rail corridors. 

SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL ROUTES. 

Within 6 months after the date of the enactment of this 

Act, the Inspector General of the Department of Transportation shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— 

(1) describes service delays and the sources of such 

delays on— 

(A) the Amtrak passenger rail route between 

Seattle, Washington, and Los Angeles, California 

(commonly known as the ‘‘Coast Starlight’’); and 

(B) the Amtrak passenger rail route between 

Vancouver, British Columbia, Canada, and Eugene, 

Oregon (commonly known as ‘‘Amtrak Cascades’’); 

and 

(2) contains recommendations for improving the ontime performance of such routes. 
208 

•HRES 1492 EH 

SEC. 226. PLAN FOR RESTORATION OF SERVICE. 

Within 9 months after the date of enactment of this Act, 

Amtrak shall transmit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate a plan for restoring passenger rail service between 

New Orleans, Louisiana, and Sanford, Florida. The plan 

shall include a projected timeline for restoring such service, 

the costs associated with restoring such service, and any proposals for legislation necessary to support such restoration of 

service. In developing the plan, Amtrak shall consult with 

representatives from the States of Louisiana, Alabama, Mississippi, and Florida, railroad carriers whose tracks may be 

used for such service, rail passengers, rail labor, and other 

entities as appropriate. 

SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZATION 

STUDY. 

Within 9 months after the date of enactment of this Act, 

the Inspector General of the Department of Transportation 

shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a 

report on Amtrak’s utilization of its equipment maintenance 

and repair facilities, including the Beech Grove Mechanical 

Facility in Indiana. The report shall include an examination 

of Amtrak’s utilization of its existing equipment maintenance 
209 

•HRES 1492 EH 

and repair facilities, the productivity of such facilities, and 

the extent to which Amtrak is maximizing opportunities for 

utilizing each facility, including the provision of maintenance 

and repair to other rail carriers. In developing this report, 

the Inspector General shall consult with the Inspector General of Amtrak, Amtrak management, rail labor, and other 

railroad carriers, as it deems appropriate. 

SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO 

MAINTAIN AMTRAK AS A NATIONAL PASSENGER 

RAIL SYSTEM. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) In fiscal year 2007, 3,800,000 passengers traveled on Amtrak’s long-distance trains, an increase of 2.4 

percent over fiscal year 2006. 

(2) Amtrak long-distance routes generated 

$376,000,000 in revenue in fiscal year 2007, an increase 

of 5 percent over fiscal year 2006. 

(3) Amtrak operates 15 long-distance trains over 

18,500 route miles that serve 39 States and the District 

of Columbia. These trains provide the only rail passenger service to 23 States. 

(4) Amtrak’s long-distance trains provide an essential transportation service for many communities and to 

a significant percentage of the general public. 
210 

•HRES 1492 EH 

(5) Many long-distance trains serve small communities with limited or no significant air or bus service, 

especially in remote or isolated areas in the United 

States. 

(6) As a result of airline deregulation and decisions 

by national bus carriers to leave many communities, rail 

transportation may provide the only feasible common 

carrier transportation option for a growing number of 

areas. 

(7) If long-distance trains were eliminated, 23 

States and 243 communities would be left with no intercity passenger rail service and 16 other States would 

lose some rail service. These trains provide a strong economic benefit for the States and communities that they 

serve. 

(8) Long-distance trains also provide transportation 

during periods of severe weather or emergencies that 

stall other modes of transportation. 

(9) Amtrak provided the only reliable long-distance 

transportation following the September 11, 2001, terrorist attacks that grounded air travel. 

(10) The majority of passengers on long-distance 

trains do not travel between the endpoints, but rather 

between any combination of cities along the route. 
211 

•HRES 1492 EH 

(11) Passenger trains provide transportation options, mobility for underserved populations, congestion 

mitigation, and jobs in the areas they serve. 

(12) Passenger rail has a positive impact on the environment compared to other modes of transportation by 

conserving energy, reducing greenhouse gas emissions, 

and cutting down on other airborne particulate and toxic 

emissions. 

(13) Amtrak communities that are served use passenger rail and passenger rail stations as a significant 

source of economic development. 

(14) This division makes meaningful and important 

reforms to increase the efficiency, profitability and ontime performance of Amtrak’s long-distance routes. 

(b) SENSE OF THE CONGRESS.—It is the sense of the 

Congress that— 

(1) long-distance passenger rail is a vital and necessary part of our national transportation system and 

economy; and 

(2) Amtrak should maintain a national passenger 

rail system, including long-distance routes, that connects 

the continental United States from coast to coast and 

from border to border. 
212 

•HRES 1492 EH 

TITLE III—INTERCITY PASSENGER 

RAIL POLICY 

SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER 

RAIL SERVICE. 

(a) IN GENERAL.—Part C of subtitle V is amended by 

inserting the following after chapter 243: 

‘‘CHAPTER 244—INTERCITY PASSENGER RAIL 

SERVICE CORRIDOR CAPITAL ASSISTANCE 

‘‘Sec. 

‘‘24401. Definitions. 

‘‘24402. Capital investment grants to support intercity passenger rail service. 

‘‘24403. Project management oversight. 

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

‘‘24405. Grant conditions. 

‘‘24406. Authorization of appropriations. 

‘‘§ 24401. Definitions 

‘‘In this chapter: 

‘‘(1) APPLICANT.—The term ‘applicant’ means a 

State (including the District of Columbia), a group of 

States, an Interstate Compact, or a public agency established by one or more States and having responsibility 

for providing intercity passenger rail service. 

‘‘(2) CAPITAL PROJECT.—The term ‘capital project’ 

means a project or program in a State rail plan developed under chapter 227 of this title for— 

‘‘(A) acquiring, constructing, improving, or inspecting equipment, track and track structures, or 

a facility for use in or for the primary benefit of 

intercity passenger rail service, expenses incidental 
213 

•HRES 1492 EH 

to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), 

payments for the capital portions of rail trackage 

rights agreements, highway-rail grade crossing improvements related to intercity passenger rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and 

acquiring, constructing, relocating, and rehabilitating replacement housing; 

‘‘(B) rehabilitating, remanufacturing or overhauling rail rolling stock and facilities used primarily in intercity passenger rail service; 

‘‘(C) costs associated with developing State rail 

plans; and 

‘‘(D) the first-dollar liability costs for insurance related to the provision of intercity passenger 

rail service under section 24404. 

‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The 

term ‘intercity passenger rail service’ means intercity rail 

passenger transportation, as defined in section 24102 of 

this title. 
214 

•HRES 1492 EH 

‘‘§ 24402. Capital investment grants to support intercity 

passenger rail service 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) The Secretary of Transportation may make 

grants under this section to an applicant to assist in financing the capital costs of facilities, infrastructure, and 

equipment necessary to provide or improve intercity passenger rail transportation. 

‘‘(2) Consistent with the requirements of this chapter, the Secretary shall require that a grant under this 

section be subject to the terms, conditions, requirements, 

and provisions the Secretary decides are necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in value 

of real property resulting from the project assisted under 

this section and shall prescribe procedures and schedules 

for the awarding of grants under this title, including application and qualification procedures and a record of 

decision on applicant eligibility. The Secretary shall issue 

a final rule establishing such procedures not later than 

2 years after the date of enactment of the Passenger 

Rail Investment and Improvement Act of 2008. For the 

period prior to the earlier of the issuance of such a rule 

or 2 years after the date of enactment of such Act, the 

Secretary shall issue interim guidance to applicants covering such procedures, and administer the grant pro-
215 

•HRES 1492 EH 

gram authorized under this section pursuant to such 

guidance. 

‘‘(b) PROJECT AS PART OF STATE RAIL PLAN.— 

‘‘(1) The Secretary may not approve a grant for a 

project under this section unless the Secretary finds that 

the project is part of a State rail plan developed under 

chapter 227 of this title, or under the plan required by 

section 211 of the Passenger Rail Investment and Improvement Act of 2008, and that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing 

control over the use of the equipment or facilities, and 

the capability and willingness to maintain the equipment 

or facilities. 

‘‘(2) An applicant shall provide sufficient information upon which the Secretary can make the findings required by this subsection. 

‘‘(3) If an applicant has not selected the proposed 

operator of its service competitively, the applicant shall 

provide written justification to the Secretary showing 

why the proposed operator is the best, taking into account price and other factors, and that use of the proposed operator will not unnecessarily increase the cost of 

the project. 
216 

•HRES 1492 EH 

‘‘(c) PROJECT SELECTION CRITERIA.—The Secretary, in 

selecting the recipients of financial assistance to be provided 

under subsection (a), shall— 

‘‘(1) require— 

‘‘(A) that the project be part of a State rail 

plan developed under chapter 227 of this title, or 

under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 

2008; 

‘‘(B) that the applicant or recipient has or will 

have the legal, financial, and technical capacity to 

carry out the project, satisfactory continuing control 

over the use of the equipment or facilities, and the 

capability and willingness to maintain the equipment or facilities; 

‘‘(C) that the applicant provides sufficient information upon which the Secretary can make the 

findings required by this subsection; 

‘‘(D) that if an applicant has selected the proposed operator of its service competitively, that the 

applicant provide written justification to the Secretary showing why the proposed operator is the 

best, taking into account costs and other factors; 
217 

•HRES 1492 EH 

‘‘(E) that each proposed project meet all safety 

and security requirements that are applicable to the 

project under law; and 

‘‘(F) that each project be compatible with, and 

operated in conformance with— 

‘‘(i) plans developed pursuant to the requirements of section 135 of title 23, United 

States Code; and 

‘‘(ii) the national rail plan (if it is available); 

‘‘(2) select projects— 

‘‘(A) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of— 

‘‘(i) the project’s levels of estimated ridership, increased on-time performance, reduced 

trip time, additional service frequency to meet 

anticipated or existing demand, or other significant service enhancements as measured 

against minimum standards developed under 

section 207 of the Passenger Rail Investment 

and Improvement Act of 2008; 

‘‘(ii) the project’s anticipated favorable 

impact on air or highway traffic congestion, capacity, or safety; and 
218 

•HRES 1492 EH 

‘‘(iii) identification of the project by the 

Surface Transportation Board as necessary to 

improve the on-time performance and reliability of intercity passenger rail under section 

24308(f); 

‘‘(B) for which there is a high degree of confidence that the proposed project is feasible and will 

result in the anticipated benefits, as indicated by— 

‘‘(i) the project’s precommencement compliance with environmental protection requirements; 

‘‘(ii) the readiness of the project to be 

commenced; 

‘‘(iii) the timing and amount of the 

project’s future noncommitted investments; 

‘‘(iv) the commitment of any affected host 

rail carrier to ensure the realization of the anticipated benefits; and 

‘‘(v) other relevant factors as determined 

by the Secretary; and 

‘‘(C) for which the level of the anticipated benefits compares favorably to the amount of Federal 

funding requested under this chapter; and 

‘‘(3) give greater consideration to projects— 
219 

•HRES 1492 EH 

‘‘(A) that are anticipated to result in benefits 

to other modes transportation and to the public at 

large, including, but not limited to, consideration of 

the project’s— 

‘‘(i) encouragement of intermodal 

connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other 

modes of transportation; 

‘‘(ii) anticipated improvement of freight or 

commuter rail operations; 

‘‘(iii) encouragement of the use of positive 

train control technologies; 

‘‘(iv) environmental benefits, including 

projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment; 

‘‘(v) anticipated positive economic and employment impacts; 

‘‘(vi) encouragement of State and private 

contributions toward station development, energy and environmentally efficiency, and economic benefits; and 
220 

•HRES 1492 EH 

‘‘(vii) falling under the description in section 5302(a)(1)(G) of this title as defined to 

support intercity passenger rail service; and 

‘‘(B) that incorporate equitable financial participation in the project’s financing, including, but 

not limited to, consideration of— 

‘‘(i) donated property interests or services; 

‘‘(ii) financial contributions by freight and 

commuter rail carriers commensurate with the 

benefit expected to their operations; and 

‘‘(iii) financial commitments from host 

railroads, non-Federal governmental entities, 

nongovernmental entities, and others. 

‘‘(d) STATE RAIL PLANS.—State rail plans completed 

before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet 

the requirements of chapter 227 of this title, as determined 

by the Secretary pursuant to section 22506 of this title, shall 

be deemed by the Secretary to have met the requirements of 

subsection (c)(1)(A) of this section. 

‘‘(e) AMTRAK ELIGIBILITY.—To receive a grant under 

this section, Amtrak may enter into a cooperative agreement 

with 1 or more States to carry out 1 or more projects on a 

State rail plan’s ranked list of rail capital projects developed 

under section 22504(a)(5) of this title. For such a grant, 
221 

•HRES 1492 EH 

Amtrak may not use Federal funds authorized under section 

101(a) or (c) of the Passenger Rail Investment and Improvement Act of 2008 to fulfill the non-Federal share requirements under subsection (g) of this section. 

‘‘(f) LETTERS OF INTENT AND EARLY SYSTEMS WORK

AGREEMENTS.— 

‘‘(1) The Secretary may issue a letter of intent to 

an applicant announcing an intention to obligate, for a 

major capital project under this section, an amount from 

future available budget authority specified in law that is 

not more than the amount stipulated as the financial 

participation of the Secretary in the project. 

‘‘(2) At least 30 days before issuing a letter under 

paragraph (1) of this subsection, the Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the 

Senate, and the House and Senate Committees on Appropriations of the proposed letter or agreement. The 

Secretary shall include with the notification a copy of 

the proposed letter or agreement, the criteria used in 

subsection (c) for selecting the project for a grant 

award, and a description of how the project meets such 

criteria. 
222 

•HRES 1492 EH 

‘‘(3) An obligation or administrative commitment 

may be made only when amounts are appropriated. The 

letter of intent shall state that the contingent commitment is not an obligation of the Federal Government, 

and is subject to the availability of appropriations under 

Federal law and to Federal laws in force or enacted 

after the date of the contingent commitment. 

‘‘(g) FEDERAL SHARE OF NET PROJECT COST.— 

‘‘(1)(A) Based on engineering studies, studies of 

economic feasibility, and information on the expected use 

of equipment or facilities, the Secretary shall estimate 

the net project cost. 

‘‘(B) A grant for the project shall not exceed 80 

percent of the project net capital cost. 

‘‘(C) The Secretary shall give priority in allocating 

future obligations and contingent commitments to incur 

obligations to grant requests seeking a lower Federal 

share of the project net capital cost. 

‘‘(2) Up to an additional 20 percent of the required 

non-Federal funds may be funded from amounts appropriated to or made available to a department or agency 

of the Federal Government that are eligible to be expended for transportation. 

‘‘(3) The following amounts, not to exceed 

$15,000,000 per fiscal year, shall be available to each 
223 

•HRES 1492 EH 

applicant as a credit toward an applicant’s matching requirement for a grant awarded under this section— 

‘‘(A) in each of fiscal years 2009, 2010, and 

2011— 

‘‘(i) 50 percent of the average of amounts 

expended in fiscal years 2002 through 2008 by 

an applicant for capital projects related to 

intercity passenger rail service; and 

‘‘(ii) 50 percent of the average of amounts 

expended in fiscal years 2002 through 2008 by 

an applicant for operating costs of such service; and 

‘‘(B) in each of fiscal years 2010, 2011 and 

2012, 50 percent of the amount by which the 

amounts expended for capital projects and operating costs related to intercity passenger rail service 

by an applicant in the prior fiscal year exceed the 

average capital and operating expenditures made 

for such service in fiscal years 2006, 2007, and 

2008. 

The Secretary may require such information as necessary to verify such expenditures. Credits made available to an applicant in a fiscal year under this paragraph may only be applied towards grants awarded in 

that fiscal year. 
224 

•HRES 1492 EH 

‘‘(4) The Federal share of expenditures for capital 

improvements under this chapter may not exceed 100 

percent. 

‘‘(h) 2-YEAR AVAILABILITY.—Funds appropriated under 

this section shall remain available until expended. If any 

amount provided as a grant under this section is not obligated or expended for the purposes described in subsection 

(a) within 2 years after the date on which the State received 

the grant, such sums shall be returned to the Secretary for 

other intercity passenger rail development projects under this 

section at the discretion of the Secretary. 

‘‘(i) COOPERATIVE AGREEMENTS.— 

‘‘(1) IN GENERAL.—A metropolitan planning organization, State transportation department, or other 

project sponsor may enter into an agreement with any 

public, private, or nonprofit entity to cooperatively implement any project funded with a grant under this chapter. 

‘‘(2) FORMS OF PARTICIPATION.—Participation by 

an entity under paragraph (1) may consist of— 

‘‘(A) ownership or operation of any land, facility, locomotive, rail car, vehicle, or other physical 

asset associated with the project; 

‘‘(B) cost-sharing of any project expense; 
225 

•HRES 1492 EH 

‘‘(C) carrying out administration, construction 

management, project management, project operation, or any other management or operational duty 

associated with the project; and 

‘‘(D) any other form of participation approved 

by the Secretary. 

‘‘(3) SUBALLOCATION.—A State may allocate funds 

under this section to any entity described in paragraph 

(1). 

‘‘(j) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 

carrying out this section, the Secretary shall allocate an appropriate portion of the amounts available under this section 

to provide grants to States— 

‘‘(1) in which there is no intercity passenger rail 

service for the purpose of funding freight rail capital 

projects that are on a State rail plan developed under 

chapter 227 of this title that provide public benefits (as 

defined in chapter 227) as determined by the Secretary; 

or 

‘‘(2) in which the rail transportation system is not 

physically connected to rail systems in the continental 

United States or may not otherwise qualify for a grant 

under this section due to the unique characteristics of 

the geography of that State or other relevant consider-
226 

•HRES 1492 EH 

ations, for the purpose of funding transportation-related 

capital projects. 

‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary shall 

make not less than 5 percent annually available from the 

amounts authorized under section 101(c) of the Passenger 

Rail Investment and Improvement Act of 2008 beginning in 

fiscal year 2009 for grants for capital projects eligible under 

this section not exceeding $2,000,000, including costs eligible 

under section 209(d) of that Act. For grants awarded under 

this subsection, the Secretary may waive requirements of this 

section, including state rail plan requirements, as appropriate. 

‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS AND

STORAGE.—Grants under this chapter may be used to provide access to rolling stock for nonmotorized transportation, 

including bicycles, and recreational equipment, and to provide 

storage capacity in trains for such transportation, equipment, 

and other luggage, to ensure passenger safety. 

‘‘§ 24403. Project management oversight 

‘‘(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.— 

To receive Federal financial assistance for a major capital 

project under this chapter, an applicant must prepare and 

carry out a project management plan approved by the Secretary of Transportation. The plan shall provide for— 
227 

•HRES 1492 EH 

‘‘(1) adequate recipient staff organization with welldefined reporting relationships, statements of functional 

responsibilities, job descriptions, and job qualifications; 

‘‘(2) a budget covering the project management organization, appropriate consultants, property acquisition, 

utility relocation, systems demonstration staff, audits, 

and miscellaneous payments the recipient may be prepared to justify; 

‘‘(3) a construction schedule for the project; 

‘‘(4) a document control procedure and recordkeeping system; 

‘‘(5) a change order procedure that includes a documented, systematic approach to handling the construction change orders; 

‘‘(6) organizational structures, management skills, 

and staffing levels required throughout the construction 

phase; 

‘‘(7) quality control and quality assurance functions, procedures, and responsibilities for construction, 

system installation, and integration of system components; 

‘‘(8) material testing policies and procedures; 

‘‘(9) internal plan implementation and reporting requirements; 
228 

•HRES 1492 EH 

‘‘(10) criteria and procedures to be used for testing 

the operational system or its major components; 

‘‘(11) periodic updates of the plan, especially related to project budget and project schedule, financing, 

and ridership estimates; and 

‘‘(12) the recipient’s commitment to submit periodically a project budget and project schedule to the Secretary. 

‘‘(b) SECRETARIAL OVERSIGHT.— 

‘‘(1) The Secretary may use no more than 1 percent 

of amounts made available in a fiscal year for capital 

projects under this chapter to enter into contracts to 

oversee the construction of such projects. 

‘‘(2) The Secretary may use amounts available 

under paragraph (1) of this subsection to make contracts for safety, procurement, management, and financial compliance reviews and audits of a recipient of 

amounts under paragraph (1). 

‘‘(3) The Federal Government shall pay the entire 

cost of carrying out a contract under this subsection. 

‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipient 

of assistance under this chapter shall provide the Secretary 

and a contractor the Secretary chooses under subsection (b) 

of this section with access to the construction sites and 

records of the recipient when reasonably necessary. 
229 

•HRES 1492 EH 

‘‘§ 24404. Use of capital grants to finance first-dollar liability of grant project 

‘‘Notwithstanding the requirements of section 24402 of 

this chapter, the Secretary of Transportation may approve 

the use of a capital assistance grant under this chapter to 

fund self-insured retention of risk for the first tier of liability 

insurance coverage for rail passenger service associated with 

the grant, but the coverage may not exceed $20,000,000 per 

occurrence or $20,000,000 in aggregate per year. 

‘‘§ 24405. Grant conditions 

‘‘(a) BUY AMERICA.—(1) The Secretary of Transportation may obligate an amount that may be appropriated to 

carry out this chapter for a project only if the steel, iron, and 

manufactured goods used in the project are produced in the 

United States. 

‘‘(2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that— 

‘‘(A) applying paragraph (1) would be inconsistent 

with the public interest; 

‘‘(B) the steel, iron, and goods produced in the 

United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory 

quality; 

‘‘(C) rolling stock or power train equipment cannot 

be bought and delivered in the United States within a 

reasonable time; or 
230 

•HRES 1492 EH 

‘‘(D) including domestic material will increase the 

cost of the overall project by more than 25 percent. 

‘‘(3) For purposes of this subsection, in calculating the 

components’ costs, labor costs involved in final assembly shall 

not be included in the calculation. 

‘‘(4) If the Secretary determines that it is necessary to 

waive the application of paragraph (1) based on a finding 

under paragraph (2), the Secretary shall, before the date on 

which such finding takes effect— 

‘‘(A) publish in the Federal Register a detailed 

written justification as to why the waiver is needed; and 

‘‘(B) provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days. 

‘‘(5) Not later than December 31, 2012, the Secretary 

shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a 

report on any waivers granted under paragraph (2). 

‘‘(6) The Secretary of Transportation may not make a 

waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation 

with the United States Trade Representative, decides that the 

government of that foreign country— 
231 

•HRES 1492 EH 

‘‘(A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and 

‘‘(B) has violated the agreement by discriminating 

against goods to which this subsection applies that are 

produced in the United States and to which the agreement applies. 

‘‘(7) A person is ineligible to receive a contract or subcontract made with amounts authorized under this chapter if 

a court or department, agency, or instrumentality of the Government decides the person intentionally— 

‘‘(A) affixed a ‘Made in America’ label, or a label 

with an inscription having the same meaning, to goods 

sold in or shipped to the United States that are used in 

a project to which this subsection applies but not produced in the United States; or 

‘‘(B) represented that goods described in subparagraph (A) of this paragraph were produced in the 

United States. 

‘‘(8) The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State 

from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, 

produced, or manufactured in foreign countries in projects 

carried out with that assistance or restricts a recipient of 
232 

•HRES 1492 EH 

that assistance from complying with those State-imposed requirements. 

‘‘(9) The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid 

opening any certification of noncompliance or failure to properly complete the certification (but not including failure to 

sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such 

manufacturer or supplier submitted an incorrect certification 

as a result of an inadvertent or clerical error. The burden of 

establishing inadvertent or clerical error is on the manufacturer or supplier. 

‘‘(10) A party adversely affected by an agency action 

under this subsection shall have the right to seek review 

under section 702 of title 5. 

‘‘(11) The requirements of this subsection shall only 

apply to projects for which the costs exceed $100,000. 

‘‘(b) OPERATORS DEEMED RAIL CARRIERS AND EMPLOYERS FOR CERTAIN PURPOSES.—A person that conducts 

rail operations over rail infrastructure constructed or improved with funding provided in whole or in part in a grant 

made under this chapter shall be considered a rail carrier as 

defined in section 10102(5) of this title for purposes of this 

title and any other statute that adopts that definition or in 

which that definition applies, including— 
233 

•HRES 1492 EH 

‘‘(1) the Railroad Retirement Act of 1974 (45 

U.S.C. 231 et seq.); 

‘‘(2) the Railway Labor Act (43 U.S.C. 151 et 

seq.); and 

‘‘(3) the Railroad Unemployment Insurance Act (45 

U.S.C. 351 et seq.). 

‘‘(c) GRANT CONDITIONS.—The Secretary shall require 

as a condition of making any grant under this chapter for a 

project that uses rights-of-way owned by a railroad that— 

‘‘(1) a written agreement exist between the applicant and the railroad regarding such use and ownership, 

including— 

‘‘(A) any compensation for such use; 

‘‘(B) assurances regarding the adequacy of infrastructure capacity to accommodate both existing 

and future freight and passenger operations; 

‘‘(C) an assurance by the railroad that collective bargaining agreements with the railroad’s employees (including terms regulating the contracting 

of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and 

‘‘(D) an assurance that an applicant complies 

with liability requirements consistent with section 

28103 of this title; and 
234 

•HRES 1492 EH 

‘‘(2) the applicant agrees to comply with— 

‘‘(A) the standards of section 24312 of this 

title, as such section was in effect on September 1, 

2003, with respect to the project in the same manner that Amtrak is required to comply with those 

standards for construction work financed under an 

agreement made under section 24308(a) of this 

title; and 

‘‘(B) the protective arrangements established 

under section 504 of the Railroad Revitalization 

and Regulatory Reform Act of 1976 (45 U.S.C. 

836) with respect to employees affected by actions 

taken in connection with the project to be financed 

in whole or in part by grants under this chapter. 

‘‘(d) REPLACEMENT OF EXISTING INTERCITY PASSENGER RAIL SERVICE.— 

‘‘(1) COLLECTIVE BARGAINING AGREEMENT FOR

INTERCITY PASSENGER RAIL PROJECTS.—Any entity 

providing intercity passenger railroad transportation 

that begins operations after the date of enactment of 

this Act on a project funded in whole or in part by 

grants made under this chapter and replaces intercity 

rail passenger service that was provided by Amtrak, unless such service was provided solely by Amtrak to another entity, as of such date shall enter into an agree-
235 

•HRES 1492 EH 

ment with the authorized bargaining agent or agents for 

adversely affected employees of the predecessor provider 

that— 

‘‘(A) gives each such qualified employee of the 

predecessor provider priority in hiring according to 

the employee’s seniority on the predecessor provider 

for each position with the replacing entity that is in 

the employee’s craft or class and is available within 

3 years after the termination of the service being 

replaced; 

‘‘(B) establishes a procedure for notifying such 

an employee of such positions; 

‘‘(C) establishes a procedure for such an employee to apply for such positions; and 

‘‘(D) establishes rates of pay, rules, and working conditions. 

‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— 

‘‘(A) NEGOTIATIONS.—If the replacement of 

preexisting intercity rail passenger service occurs 

concurrent with or within a reasonable time before 

the commencement of the replacing entity’s rail 

passenger service, the replacing entity shall give 

written notice of its plan to replace existing rail 

passenger service to the authorized collective bargaining agent or agents for the potentially adversely 
236 

•HRES 1492 EH 

affected employees of the predecessor provider at 

least 90 days before the date on which it plans to 

commence service. Within 5 days after the date of 

receipt of such written notice, negotiations between 

the replacing entity and the collective bargaining 

agent or agents for the employees of the predecessor provider shall commence for the purpose of 

reaching agreement with respect to all matters set 

forth in subparagraphs (A) through (D) of paragraph (1). The negotiations shall continue for 30 

days or until an agreement is reached, whichever is 

sooner. If at the end of 30 days the parties have 

not entered into an agreement with respect to all 

such matters, the unresolved issues shall be submitted for arbitration in accordance with the procedure set forth in subparagraph (B). 

‘‘(B) ARBITRATION.—If an agreement has not 

been entered into with respect to all matters set 

forth in subparagraphs (A) through (D) of paragraph (1) as described in subparagraph (A) of this 

paragraph, the parties shall select an arbitrator. If 

the parties are unable to agree upon the selection 

of such arbitrator within 5 days, either or both parties shall notify the National Mediation Board, 

which shall provide a list of seven arbitrators with 
237 

•HRES 1492 EH 

experience in arbitrating rail labor protection disputes. Within 5 days after such notification, the 

parties shall alternately strike names from the list 

until only 1 name remains, and that person shall 

serve as the neutral arbitrator. Within 45 days 

after selection of the arbitrator, the arbitrator shall 

conduct a hearing on the dispute and shall render 

a decision with respect to the unresolved issues 

among the matters set forth in subparagraphs (A) 

through (D) of paragraph (1). The arbitrator shall 

be guided by prevailing national standard rates of 

pay, benefits, and working conditions for comparable work. This decision shall be final, binding, 

and conclusive upon the parties. The salary and expenses of the arbitrator shall be borne equally by 

the parties; all other expenses shall be paid by the 

party incurring them. 

‘‘(3) SERVICE COMMENCEMENT.—A replacing entity 

under this subsection shall commence service only after 

an agreement is entered into with respect to the matters 

set forth in subparagraphs (A) through (D) of paragraph (1) or the decision of the arbitrator has been rendered. 

‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.—If 

the replacement of existing rail passenger service takes 
238 

•HRES 1492 EH 

place within 3 years after the replacing entity commences intercity passenger rail service, the replacing entity and the collective bargaining agent or agents for the 

adversely affected employees of the predecessor provider 

shall enter into an agreement with respect to the matters 

set forth in subparagraphs (A) through (D) of paragraph (1). If the parties have not entered into an agreement with respect to all such matters within 60 days 

after the date on which the replacing entity replaces the 

predecessor provider, the parties shall select an arbitrator using the procedures set forth in paragraph 

(2)(B), who shall, within 20 days after the commencement of the arbitration, conduct a hearing and decide all 

unresolved issues. This decision shall be final, binding, 

and conclusive upon the parties. 

‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OPERATIONS.—Nothing in this section applies to— 

‘‘(1) commuter rail passenger transportation (as defined in section 24102(4) of this title) operations of a 

State or local government authority (as those terms are 

defined in section 5302(11) and (6), respectively, of this 

title) eligible to receive financial assistance under section 

5307 of this title, or to its contractor performing services in connection with commuter rail passenger operations (as so defined); 
239 

•HRES 1492 EH 

‘‘(2) the Alaska Railroad or its contractors; or 

‘‘(3) Amtrak’s access rights to railroad rights of 

way and facilities under current law. 

‘‘(f) LIMITATION.—No grants shall be provided under 

this chapter for commuter rail passenger transportation, as 

defined in section 24102(4) of this title. 

‘‘§ 24406. Authorization of appropriations 

‘‘There are authorized to be appropriated to the Secretary of Transportation for capital grants under this chapter 

the following amounts: 

‘‘(1) For fiscal year 2009, $100,000,000. 

‘‘(2) For fiscal year 2010, $300,000,000. 

‘‘(3) For fiscal year 2011, $400,000,000. 

‘‘(4) For fiscal year 2012, $500,000,000. 

‘‘(5) For fiscal year 2013, $600,000,000.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for subtitle V is amended by inserting the following after the 

item relating to chapter 243: 

‘‘244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR 

CAPITAL ASSISTANCE ............................................ 24401’’. 

(c) ASSISTANCE.—In implementing section 24405(a) of 

title 49, United States Code, the Federal Highway Administration shall, upon request by the Federal Railroad Administration, assist the Federal Railroad Administration in developing a process for posting on its website or distributing via 

email notices of waiver requests received pursuant to such 
240 

•HRES 1492 EH 

subsection and soliciting public comments on the intent to 

issue a waiver. The Federal Railroad Administration’s development of such a process does not relieve the Federal Railroad Administration of the requirements under paragraph (4) 

of such subsection. 

SEC. 302. CONGESTION GRANTS. 

(a) AMENDMENT.—Chapter 241 of title 49, United 

States Code, is amended by adding at the end the following 

new section: 

‘‘§ 24105. Congestion grants 

‘‘(a) AUTHORITY.—The Secretary of Transportation may 

make grants to States, or to Amtrak in cooperation with 

States, for financing the capital costs of facilities, infrastructure, and equipment for high priority rail corridor projects 

necessary to reduce congestion or facilitate ridership growth 

in intercity rail passenger transportation. 

‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for grants 

under this section include projects— 

‘‘(1) identified by Amtrak as necessary to reduce 

congestion or facilitate ridership growth in intercity rail 

passenger transportation along heavily traveled rail corridors; 

‘‘(2) identified by the Surface Transportation Board 

as necessary to improve the on time performance and re-
241 

•HRES 1492 EH 

liability of intercity rail passenger transportation under 

section 24308(f); and 

‘‘(3) designated by the Secretary as being sufficiently advanced in development to be capable of serving 

the purposes described in subsection (a) on an expedited 

schedule. 

‘‘(c) FEDERAL SHARE.—The Federal share of the cost 

of a project financed under this section shall not exceed 80 

percent. 

‘‘(d) GRANT CONDITIONS.—The Secretary of Transportation shall require each recipient of a grant under this section to comply with the grant requirements of section 24405 

of this title. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated, from amounts made available 

under section 301 of the Passenger Rail Investment and Improvement Act of 2008, to the Secretary to carry out this section— 

‘‘(1) $50,000,000 for fiscal year 2010; 

‘‘(2) $75,000,000 for fiscal year 2011; 

‘‘(3) $100,000,000 for fiscal year 2012; and 

‘‘(4) $100,000,000 for fiscal year 2013.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of 

sections for such chapter 241 is amended by adding at the 

end the following new item: 

‘‘24105. Congestion grants.’’. 
242 

•HRES 1492 EH 

SEC. 303. STATE RAIL PLANS. 

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

adding at the end the following: 

‘‘CHAPTER 227—STATE RAIL PLANS 

‘‘Sec. 

‘‘22701. Definitions. 

‘‘22702. Authority. 

‘‘22703. Purposes. 

‘‘22704. Transparency; coordination; review. 

‘‘22705. Content. 

‘‘22706. Review. 

‘‘§ 22701. Definitions 

‘‘In this subchapter: 

‘‘(1) PRIVATE BENEFIT.— 

‘‘(A) IN GENERAL.—The term ‘private benefit’— 

‘‘(i) means a benefit accrued to a person 

or private entity, other than Amtrak, that directly improves the economic and competitive 

condition of that person or entity through improved assets, cost reductions, service improvements, or any other means as defined by the 

Secretary; and 

‘‘(ii) shall be determined on a project-byproject basis, based upon an agreement between the parties. 

‘‘(B) CONSULTATION.—The Secretary may 

seek the advice of the States and rail carriers in 

further defining this term. 
243 

•HRES 1492 EH 

‘‘(2) PUBLIC BENEFIT.— 

‘‘(A) IN GENERAL.—The term ‘public benefit’— 

‘‘(i) means a benefit accrued to the public, 

including Amtrak, in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air quality or land use, more efficient 

energy use, enhanced public safety or security, 

reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and 

‘‘(ii) shall be determined on a project-byproject basis, based upon an agreement between the parties. 

‘‘(B) CONSULTATION.—The Secretary may 

seek the advice of the States and rail carriers in 

further defining this term. 

‘‘(3) STATE.—The term ‘State’ means any of the 

50 States and the District of Columbia. 

‘‘(4) STATE RAIL TRANSPORTATION AUTHORITY.— 

The term ‘State rail transportation authority’ means the 

State agency or official responsible under the direction 
244 

•HRES 1492 EH 

of the Governor of the State or a State law for preparation, maintenance, coordination, and administration of 

the State rail plan. 

‘‘§ 22702. Authority 

‘‘(a) IN GENERAL.—Each State may prepare and maintain a State rail plan in accordance with the provisions of 

this chapter. 

‘‘(b) REQUIREMENTS.—The Secretary shall establish the 

minimum requirements for the preparation and periodic revision of a State rail plan, including that a State shall— 

‘‘(1) establish or designate a State rail transportation authority to prepare, maintain, coordinate, and 

administer the plan; 

‘‘(2) establish or designate a State rail plan approval authority to approve the plan; 

‘‘(3) submit the State’s approved plan to the Secretary of Transportation for review; and 

‘‘(4) revise and resubmit a State-approved plan no 

less frequently than once every 5 years for reapproval by 

the Secretary. 

‘‘§ 22703. Purposes 

‘‘(a) PURPOSES.—The purposes of a State rail plan are 

as follows: 
245 

•HRES 1492 EH 

‘‘(1) To set forth State policy involving freight and 

passenger rail transportation, including commuter rail 

operations, in the State. 

‘‘(2) To establish the period covered by the State 

rail plan. 

‘‘(3) To present priorities and strategies to enhance 

rail service in the State that benefits the public. 

‘‘(4) To serve as the basis for Federal and State 

rail investments within the State. 

‘‘(b) COORDINATION.—A State rail plan shall be coordinated with other State transportation planning goals and programs, including the plan required under section 135 of title 

23, and set forth rail transportation’s role within the State 

transportation system. 

‘‘§ 22704. Transparency; coordination; review 

‘‘(a) PREPARATION.—A State shall provide adequate and 

reasonable notice and opportunity for comment and other 

input to the public, rail carriers, commuter and transit authorities operating in, or affected by rail operations within 

the State, units of local government, and other interested 

parties in the preparation and review of its State rail plan. 

‘‘(b) INTERGOVERNMENTAL COORDINATION.—A State 

shall review the freight and passenger rail service activities 

and initiatives by regional planning agencies, regional transportation authorities, and municipalities within the State, or 
246 

•HRES 1492 EH 

in the region in which the State is located, while preparing 

the plan, and shall include any recommendations made by 

such agencies, authorities, and municipalities as deemed appropriate by the State. 

‘‘§ 22705. Content 

‘‘(a) IN GENERAL.—Each State rail plan shall, at a minimum, contain the following: 

‘‘(1) An inventory of the existing overall rail transportation system and rail services and facilities within 

the State and an analysis of the role of rail transportation within the State’s surface transportation system. 

‘‘(2) A review of all rail lines within the State, including proposed high-speed rail corridors and significant rail line segments not currently in service. 

‘‘(3) A statement of the State’s passenger rail service objectives, including minimum service levels, for rail 

transportation routes in the State. 

‘‘(4) A general analysis of rail’s transportation, economic, and environmental impacts in the State, including congestion mitigation, trade and economic development, air quality, land-use, energy-use, and community 

impacts. 

‘‘(5) A long-range rail investment program for current and future freight and passenger infrastructure in 

the State that meets the requirements of subsection (b). 
247 

•HRES 1492 EH 

‘‘(6) A statement of public financing issues for rail 

projects and service in the State, including a list of current and prospective public capital and operating funding resources, public subsidies, State taxation, and other 

financial policies relating to rail infrastructure development. 

‘‘(7) An identification of rail infrastructure issues 

within the State that reflects consultation with all relevant stakeholders. 

‘‘(8) A review of major passenger and freight intermodal rail connections and facilities within the State, including seaports, and prioritized options to maximize 

service integration and efficiency between rail and other 

modes of transportation within the State. 

‘‘(9) A review of publicly funded projects within the 

State to improve rail transportation safety and security, 

including all major projects funded under section 130 of 

title 23. 

‘‘(10) A performance evaluation of passenger rail 

services operating in the State, including possible improvements in those services, and a description of strategies to achieve those improvements. 

‘‘(11) A compilation of studies and reports on highspeed rail corridor development within the State not included in a previous plan under this subchapter, and a 
248 

•HRES 1492 EH 

plan for funding any recommended development of such 

corridors in the State. 

‘‘(12) A statement that the State is in compliance 

with the requirements of section 22102. 

‘‘(b) LONG-RANGE SERVICE AND INVESTMENT PROGRAM.— 

‘‘(1) PROGRAM CONTENT.—A long-range rail investment program included in a State rail plan under subsection (a)(5) shall, at a minimum, include the following 

matters: 

‘‘(A) A list of any rail capital projects expected 

to be undertaken or supported in whole or in part 

by the State. 

‘‘(B) A detailed funding plan for those 

projects. 

‘‘(2) PROJECT LIST CONTENT.—The list of rail capital projects shall contain— 

‘‘(A) a description of the anticipated public 

and private benefits of each such project; and 

‘‘(B) a statement of the correlation between— 

‘‘(i) public funding contributions for the 

projects; and 

‘‘(ii) the public benefits. 

‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In preparing the list of freight and intercity passenger rail 
249 

•HRES 1492 EH 

capital projects, a State rail transportation authority 

should take into consideration the following matters: 

‘‘(A) Contributions made by non-Federal and 

non-State sources through user fees, matching 

funds, or other private capital involvement. 

‘‘(B) Rail capacity and congestion effects. 

‘‘(C) Effects on highway, aviation, and maritime capacity, congestion, or safety. 

‘‘(D) Regional balance. 

‘‘(E) Environmental impact. 

‘‘(F) Economic and employment impacts. 

‘‘(G) Projected ridership and other service 

measures for passenger rail projects. 

‘‘§ 22706. Review 

‘‘The Secretary shall prescribe procedures for States to 

submit State rail plans for review under this title, including 

standardized format and data requirements. State rail plans 

completed before the date of enactment of the Passenger Rail 

Investment and Improvement Act of 2008 that substantially 

meet the requirements of this chapter, as determined by the 

Secretary, shall be deemed by the Secretary to have met the 

requirements of this chapter.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis 

for subtitle V is amended by inserting the following after the 

item relating to chapter 223: 

‘‘227. State rail plans ......................................................................22701’’. 
250 

•HRES 1492 EH 

SEC. 304. TUNNEL PROJECT. 

(a) NEW TUNNEL ALIGNMENT AND ENVIRONMENTAL

REVIEW.—Not later than September 30, 2013, the Federal 

Railroad Administration, working with Amtrak, the Surface 

Transportation Board, the City of Baltimore, the State of 

Maryland, and rail operators described in subsection (b), as 

appropriate, shall— 

(1) select and approve, as applicable, a new rail 

tunnel alignment in Baltimore that will permit an increase in train speed and service reliability; and 

(2) ensure completion of the related environmental 

review process. 

(b) AFFECTED RAIL OPERATORS.—Rail operators other 

than Amtrak may participate in activities described in subsection (a) to the extent that they can demonstrate the intention and ability to contribute to the construction of the new 

tunnel. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Secretary for carrying 

out this section $60,000,000 for the period encompassing fiscal years 2009 through 2013. 

SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT 

POOL. 

(a) IN GENERAL.—Within 180 days after the date of enactment of this Act, Amtrak shall establish a Next Generation Corridor Equipment Pool Committee, comprised of rep-
251 

•HRES 1492 EH 

resentatives of Amtrak, the Federal Railroad Administration, 

host freight railroad companies, passenger railroad equipment 

manufacturers, interested States, and, as appropriate, other 

passenger railroad operators. The purpose of the Committee 

shall be to design, develop specifications for, and procure 

standardized next-generation corridor equipment. 

(b) FUNCTIONS.—The Committee may— 

(1) determine the number of different types of 

equipment required, taking into account variations in 

operational needs and corridor infrastructure; 

(2) establish a pool of equipment to be used on corridor routes funded by participating States; and 

(3) subject to agreements between Amtrak and 

States, utilize services provided by Amtrak to design, 

maintain and remanufacture equipment. 

(c) COOPERATIVE AGREEMENTS.—Amtrak and States 

participating in the Committee may enter into agreements for 

the funding, procurement, remanufacture, ownership, and 

management of corridor equipment, including equipment currently owned or leased by Amtrak and next-generation corridor equipment acquired as a result of the Committee’s actions, and may establish a corporation, which may be owned 

or jointly-owned by Amtrak, participating States, or other entities, to perform these functions. 
252 

•HRES 1492 EH 

(d) FUNDING.—In addition to the authorizations provided in this section, capital projects to carry out the purposes of this section shall be eligible for grants made pursuant to chapter 244 of title 49, United States Code. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Secretary $5,000,000 

for fiscal year 2010, to remain available until expended, for 

grants to Amtrak and States participating in the Next Generation Corridor Train Equipment Pool Committee established under this section for the purpose of designing, developing specifications for, and initiating the procurement of an 

initial order of 1 or more types of standardized next-generation corridor train equipment and establishing a jointly-owned 

corporation to manage that equipment. 

SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM. 

(a) ESTABLISHMENT AND CONTENT.—Chapter 249 is 

amended by adding at the end the following: 

‘‘§ 24910. Rail cooperative research program 

‘‘(a) IN GENERAL.—The Secretary shall establish and 

carry out a rail cooperative research program. The program 

shall— 

‘‘(1) address, among other matters, intercity rail 

passenger and freight rail services, including existing rail 

passenger and freight technologies and speeds, incremen-
253 

•HRES 1492 EH 

tally enhanced rail systems and infrastructure, and new 

high-speed wheel-on-rail systems; 

‘‘(2) address ways to expand the transportation of 

international trade traffic by rail, enhance the efficiency 

of intermodal interchange at ports and other intermodal 

terminals, and increase capacity and availability of rail 

service for seasonal freight needs; 

‘‘(3) consider research on the interconnectedness of 

commuter rail, passenger rail, freight rail, and other rail 

networks; and 

‘‘(4) give consideration to regional concerns regarding rail passenger and freight transportation, including 

meeting research needs common to designated highspeed corridors, long-distance rail services, and regional 

intercity rail corridors, projects, and entities. 

‘‘(b) CONTENT.—The program to be carried out under 

this section shall include research designed— 

‘‘(1) to identify the unique aspects and attributes of 

rail passenger and freight service; 

‘‘(2) to develop more accurate models for evaluating 

the impact of rail passenger and freight service, including the effects on highway and airport and airway congestion, environmental quality, and energy consumption; 

‘‘(3) to develop a better understanding of modal 

choice as it affects rail passenger and freight transpor-
254 

•HRES 1492 EH 

tation, including development of better models to predict 

utilization; 

‘‘(4) to recommend priorities for technology demonstration and development; 

‘‘(5) to meet additional priorities as determined by 

the advisory board established under subsection (c), including any recommendations made by the National Research Council; 

‘‘(6) to explore improvements in management, financing, and institutional structures; 

‘‘(7) to address rail capacity constraints that affect 

passenger and freight rail service through a wide variety 

of options, ranging from operating improvements to 

dedicated new infrastructure, taking into account the impact of such options on operations; 

‘‘(8) to improve maintenance, operations, customer 

service, or other aspects of intercity rail passenger and 

freight service; 

‘‘(9) to recommend objective methodologies for determining intercity passenger rail routes and services, including the establishment of new routes, the elimination 

of existing routes, and the contraction or expansion of 

services or frequencies over such routes; 

‘‘(10) to review the impact of equipment and operational safety standards on the further development of 
255 

•HRES 1492 EH 

high-speed passenger rail operations connected to or integrated with non-high-speed freight or passenger rail 

operations; 

‘‘(11) to recommend any legislative or regulatory 

changes necessary to foster further development and implementation of high-speed passenger rail operations 

while ensuring the safety of such operations that are 

connected to or integrated with non-high-speed freight or 

passenger rail operations; 

‘‘(12) to review rail crossing safety improvements, 

including improvements using new safety technology; 

and 

‘‘(13) to review and develop technology designed to 

reduce train horn noise and its effect on communities, 

including broadband horn technology. 

‘‘(c) ADVISORY BOARD.— 

‘‘(1) ESTABLISHMENT.—In consultation with the 

heads of appropriate Federal departments and agencies, 

the Secretary shall establish an advisory board to recommend research, technology, and technology transfer 

activities related to rail passenger and freight transportation. 

‘‘(2) MEMBERSHIP.—The advisory board shall include— 
256 

•HRES 1492 EH 

‘‘(A) representatives of State transportation 

agencies; 

‘‘(B) transportation and environmental economists, scientists, and engineers; and 

‘‘(C) representatives of Amtrak, the Alaska 

Railroad, freight railroads, transit operating agencies, intercity rail passenger agencies, railway labor 

organizations, and environmental organizations. 

‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary 

may make grants to, and enter into cooperative agreements 

with, the National Academy of Sciences to carry out such activities relating to the research, technology, and technology 

transfer activities described in subsection (b) as the Secretary 

deems appropriate. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2010 through 2013 

for carrying out this section.’’. 

(b) CLERICAL AMENDMENT.—The chapter analysis for 

chapter 249 is amended by adding at the end the following: 

‘‘24910. Rail cooperative research program.’’. 

SEC. 307. FEDERAL RAIL POLICY. 

Section 103 is amended— 

(1) by inserting ‘‘IN GENERAL.—’’ before ‘‘The 

Federal’’ in subsection (a); 
257 

•HRES 1492 EH 

(2) by striking the second and third sentences of 

subsection (a); 

(3) by inserting after subsection (a) the following: 

‘‘(b) SAFETY.—To carry out all railroad safety laws of 

the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary 

of Transportation is responsible for all acts taken under those 

laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.’’; and 

(4) by adding at the end the following: 

‘‘(j) ADDITIONAL DUTIES OF THE ADMINISTRATOR.— 

The Administrator shall— 

‘‘(1) provide assistance to States in developing 

State rail plans prepared under chapter 227 and review 

all State rail plans submitted under that section; 

‘‘(2) develop a long-range national rail plan that is 

consistent with approved State rail plans and the rail 

needs of the Nation, as determined by the Secretary in 

order to promote an integrated, cohesive, efficient, and 

optimized national rail system for the movement of 

goods and people; 

‘‘(3) develop a preliminary national rail plan within 

a year after the date of enactment of the Passenger Rail 

Investment and Improvement Act of 2008; 
258 

•HRES 1492 EH 

‘‘(4) develop and enhance partnerships with the 

freight and passenger railroad industry, States, and the 

public concerning rail development; 

‘‘(5) support rail intermodal development and highspeed rail development, including high speed rail planning; 

‘‘(6) ensure that programs and initiatives developed 

under this section benefit the public and work toward 

achieving regional and national transportation goals; and 

‘‘(7) facilitate and coordinate efforts to assist 

freight and passenger rail carriers, transit agencies and 

authorities, municipalities, and States in passengerfreight service integration on shared rights of way by 

providing neutral assistance at the joint request of affected rail service providers and infrastructure owners 

relating to operations and capacity analysis, capital requirements, operating costs, and other research and 

planning related to corridors shared by passenger or 

commuter rail service and freight rail operations. 

‘‘(k) PERFORMANCE GOALS AND REPORTS.— 

‘‘(1) PERFORMANCE GOALS.—In conjunction with 

the objectives established and activities undertaken 

under subsection (j) of this section, the Administrator 

shall develop a schedule for achieving specific, measurable performance goals. 
259 

•HRES 1492 EH 

‘‘(2) RESOURCE NEEDS.—The strategy and annual 

plans shall include estimates of the funds and staff resources needed to accomplish each goal and the additional duties required under subsection (j). 

‘‘(3) SUBMISSION WITH PRESIDENT’S BUDGET.— 

Beginning with fiscal year 2010 and each fiscal year 

thereafter, the Secretary shall submit to the Committee 

on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate, at the same 

time as the President’s budget submission, the Administration’s performance goals and schedule developed 

under paragraph (1), including an assessment of the 

progress of the Administration toward achieving its performance goals.’’. 

TITLE IV—MISCELLANEOUS 

PROVISIONS 

SEC. 401. COMMUTER RAIL MEDIATION. 

(a) AMENDMENT.—Part E of subtitle V is amended by 

adding at the end the following: 

‘‘CHAPTER 285—COMMUTER RAIL 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. 
260 

•HRES 1492 EH 

‘‘§ 28501. Definitions 

‘‘In this chapter— 

‘‘(1) the term ‘Board’ means the Surface Transportation Board; 

‘‘(2) the term ‘capital work’ means maintenance, 

restoration, reconstruction, capacity enhancement, or rehabilitation work on trackage that would be treated, in 

accordance with generally accepted accounting principles, 

as a capital item rather than an expense; 

‘‘(3) the term ‘commuter rail passenger transportation’ has the meaning given that term in section 

24102; 

‘‘(4) the term ‘public transportation authority’ 

means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, commuter rail passenger transportation; 

‘‘(5) the term ‘rail carrier’ means a person, other 

than a governmental authority, providing common carrier railroad transportation for compensation subject to 

the jurisdiction of the Board under chapter 105; 

‘‘(6) the term ‘segregated fixed guideway facility’ 

means a fixed guideway facility constructed within the 

railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within 
261 

•HRES 1492 EH 

the right-of-way used by a rail carrier for freight transportation purposes; and 

‘‘(7) the term ‘trackage’ means a railroad line of a 

rail carrier, including a spur, industrial, team, switching, 

side, yard, or station track, and a facility of a rail carrier. 

‘‘§ 28502. Surface Transportation Board mediation of 

trackage use requests 

‘‘If, after a reasonable period of negotiation, a public 

transportation authority cannot reach agreement with a rail 

carrier to use trackage of, and have related services provided 

by, the rail carrier for purposes of commuter rail passenger 

transportation, the public transportation authority or the rail 

carrier may apply to the Board for nonbinding mediation. 

The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, 

Code of Federal Regulations, as in effect on the date of enactment of this section. 

‘‘§ 28503. Surface Transportation Board mediation of 

rights-of-way use requests 

‘‘If, after a reasonable period of negotiation, a public 

transportation authority cannot reach agreement with a rail 

carrier to acquire an interest in a railroad right-of-way for 

the construction and operation of a segregated fixed guideway 

facility to provide commuter rail passenger transportation, 
262 

•HRES 1492 EH 

the public transportation authority or the rail carrier may 

apply to the Board for nonbinding mediation. The Board 

shall conduct the nonbinding mediation in accordance with 

the mediation process of section 1109.4 of title 49, Code of 

Federal Regulations, as in effect on the date of enactment of 

this section. 

‘‘§ 28504. Applicability of other laws 

‘‘Nothing in this chapter shall be construed to limit a 

rail transportation provider’s right under section 28103(b) to 

enter into contracts that allocate financial responsibility for 

claims. 

‘‘§ 28505. Rules and regulations 

‘‘Within 1 year after the date of enactment of this section, the Board shall issue such rules and regulations as may 

be necessary to carry out this chapter.’’. 

(b) CLERICAL AMENDMENT.—The table of chapters of 

such subtitle is amended by adding after the item relating to 

chapter 283 the following: 

‘‘285. COMMUTER RAIL MEDIATION ............................................... 28501’’. 

SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK. 

Amtrak, commuter rail entities, regional and State public transportation authorities, and freight railroad carriers are 

encouraged to engage in good faith discussions with respect 

to the routing and timing of trains to efficiently move a maximum number of commuter, intercity, and regional rail pas-
263 

•HRES 1492 EH 

sengers, particularly during the peak times of commuter 

usage. 

SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER RAIL 

EXPANSION. 

(a) FINDINGS.—The Congress find the following: 

(1) In 2006, Americans took 10.1 billion trips on 

public transportation for the first time since 1949. 

(2) The Northeast region is one of the Nation’s 

largest emerging transportation ‘‘megaregions’’ where infrastructure expansion and improvements are most needed. 

(3) New England’s road traffic has increased two to 

three times faster than its population since 1990. 

(4) Connecticut has one of the Nation’s longest average commute times according to the United States 

Census Bureau, and 80 percent of Connecticut commuters drive by themselves to work, demonstrating the 

need for expanded commuter rail access. 

(5) The Connecticut Department of Transportation 

has pledged to modernize, repair, and strengthen the rail 

line infrastructure to provide for increased safety and security along a crucial transportation corridor in the 

Northeast. 

(6) Expanded New Haven-Springfield rail service 

would improve access to Bradley International Airport, 
264 

•HRES 1492 EH 

one the region’s busiest airports, as well as to Hartford, 

Connecticut, and Springfield, Massachusetts, two of the 

region’s commercial, residential, and industrial centers. 

(7) Expanded commuter rail service on the New 

Haven-Springfield line could result in an estimated 

630,000 additional trips per year and 2,215,384 passenger miles per year, helping to curb pollution and 

greenhouse gas emissions from road vehicle traffic. 

(8) The MetroNorth New Haven Line and Shore 

Line East railways saw respective 3.43 percent and 4.93 

percent increases in ridership over the course of 2007, 

demonstrating the need for expanded commuter rail 

service in Connecticut. 

(9) Expanded New Haven-Springfield commuter 

rail service could provide transportation nearly 17 times 

more efficient in terms of average mileage versus road 

vehicles, alleviating road congestion and providing a significant savings to consumers during a time of high gas 

prices. 

(b) SENSE OF CONGRESS.—It is the sense of the Congress that expanded commuter rail service on the rail line between New Haven, Connecticut, and Springfield, Massachusetts, is an important transportation priority, and Amtrak 

should work cooperatively with the States of Connecticut and 
265 

•HRES 1492 EH 

Massachusetts to enable expanded commuter rail service on 

such line. 

(c) INFRASTRUCTURE MAINTENANCE REPORT.—Amtrak 

shall submit a report to the Committee on Transportation 

and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate, and to the State Departments of Transportation of 

Connecticut and Massachusetts, on the total cost of 

uncompleted infrastructure maintenance on the rail line between New Haven, Connecticut, and Springfield, Massachusetts. 

SEC. 404. LOCOMOTIVE BIOFUEL STUDY. 

(a) IN GENERAL.—The Secretary, in consultation with 

the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall conduct a study to determine the extent to which freight railroads, Amtrak, and other 

passenger rail operators could use biofuel blends to power locomotives and other vehicles that can operate on diesel fuel, 

as appropriate. 

(b) DEFINITION.—In this section, the term ‘‘biofuel’’ has 

the meaning given such term by section 9001 of the Farm 

Security and Rural Investment Act of 2002 (7 U.S.C. 8101). 

(c) FACTORS.—In conducting the study, the Secretary 

shall consider— 
266 

•HRES 1492 EH 

(1) the energy intensity of various biofuel blends 

compared to diesel fuel; 

(2) environmental and energy effects of using various biofuel blends compared to diesel fuel, including 

emission effects; 

(3) the cost of purchasing biofuel blends; 

(4) whether sufficient biofuel is readily available; 

(5) any public benefits derived from the use of such 

fuels; and 

(6) the effect of biofuel use on locomotive and other 

vehicle performance and warranty specifications. 

(d) LOCOMOTIVE TESTING.—As part of the study, the 

Secretary shall test locomotive engine performance and emissions using blends of biofuel and diesel fuel in order to recommend premium locomotive biofuel blends. 

(e) REPORT.—Within 1 year after the date of enactment 

of this Act, the Secretary shall issue the results of this study 

to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

SEC. 405. STUDY OF THE USE OF BIOBASED TECHNOLOGIES. 

Within 1 year after the date of enactment of this Act, 

the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transpor-
267 

•HRES 1492 EH 

tation of the Senate a report containing the results of a study 

of the feasibility of using readily biodegradable lubricants for 

freight and passenger railroad locomotives, rolling stock, or 

other equipment. The Secretary shall work with an agricultural-based lubricant testing facility or facilities to complete 

this study. The study shall include— 

(1) an analysis of the potential use of soy-based 

grease and soy-based hydraulic fluids to perform according to railroad industry standards; 

(2) an analysis of the potential use of other readily 

biodegradable lubricants to perform according to railroad 

industry standards; 

(3) a comparison of the health and safety of petroleum-based lubricants with biobased lubricants, which 

shall include an analysis of fire safety; and 

(4) a comparison of the environmental impact of petroleum-based lubricants with biobased lubricants, which 

shall include the rate and effects of biodegradability. 

SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE. 

(a) PLAN.—Not later than 1 year after the date of the 

enactment of this Act, Amtrak shall, in consultation with the 

Secretary, the Secretary of Homeland Security, the Washington State Department of Transportation, and the owners 

of the relevant railroad infrastructure— 
268 

•HRES 1492 EH 

(1) develop a strategic plan to facilitate expanded 

passenger rail service across the international border between the United States and Canada during the 2010 

Olympic Games on the Amtrak passenger rail route between Vancouver, British Columbia, Canada, and Eugene, Oregon (commonly known as ‘‘Amtrak Cascades’’); 

(2) develop recommendations for the Department of 

Homeland Security to process efficiently rail passengers 

traveling on Amtrak Cascades across such international 

border during the 2010 Olympic Games; and 

(3) submit to Congress a report containing the strategic plan described in paragraph (1) and the recommendations described in paragraph (2). 

(b) TRAVEL FACILITATION.—Using existing authority or 

agreements, or upon reaching additional agreements with 

Canada, the Secretary and other Federal agencies, as appropriate, are authorized to establish facilities and procedures to 

conduct preclearance of passengers traveling on Amtrak 

trains from Canada to the United States. The Secretary shall 

seek to establish such facilities and procedures— 

(1) in Vancouver, Canada, no later than June 1, 

2009; and 

(2) in other areas as determined appropriate by the 

Secretary. 
269 

•HRES 1492 EH 

SEC. 407. HISTORIC PRESERVATION OF RAILROADS. 

(a) STUDY; OTHER ACTIONS.—The Secretary of Transportation shall— 

(1) conduct a study, in consultation with the Advisory Council on Historic Preservation, the National Conference of State Historic Preservation Officers, the Department of the Interior, appropriate representatives of 

the railroad industry, and representative stakeholders, 

on ways to streamline compliance with the requirements 

of section 303 of title 49, United States Code, and section 106 of the National Historic Preservation Act (16 

U.S.C. 470f) for federally funded railroad infrastructure 

repair and improvement projects; 

(2) take immediate action to cooperate with the 

Alaska Railroad, the Alaska State Historic Preservation 

Office, the Advisory Council on Historic Preservation, 

and the Department of the Interior, in expediting the decisionmaking process for safety-related projects of the 

railroad involving property and facilities that have disputed historic significance; and 

(3) take immediate action to cooperate with the 

North Carolina Department of Transportation, the 

North Carolina State Historic Preservation Office, the 

Virginia State Historic Preservation Office, the Advisory 

Council on Historic Preservation, and the Department of 

the Interior, in expediting the decisionmaking process for 
270 

•HRES 1492 EH 

safety-related railroad projects of the North Carolina 

Department of Transportation and the Southeast High 

Speed Rail Corridor involving property and facilities that 

have disputed historic significance. 

(b) REPORT.—Not later than 1 year after the date of 

enactment of this Act, the Secretary shall submit, to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate, a report on the 

results of the study conducted under subsection (a)(1) and 

the actions directed under subsection (a)(2) and (3). The report shall include recommendations for any regulatory or legislative amendments that may streamline compliance with the 

requirements described in subsection (a)(1) in a manner consistent with railroad safety and the policies and purposes of 

section 106 of the National Historic Preservation Act (16 

U.S.C. 470f), section 303 of title 49, United States Code, 

and section 8(d) of Public Law 90–543 (16 U.S.C. 1247(d)). 

TITLE V—HIGH-SPEED RAIL 

SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 

(a) CORRIDOR PLANNING.—Section 26101 is amended— 

(1) in the section heading, by striking ‘‘Corridor 

development’’ and inserting ‘‘High-speed rail 

corridor planning’’; 
271 

•HRES 1492 EH 

(2) in the heading of subsection (a), by striking 

‘‘CORRIDOR DEVELOPMENT’’ and inserting ‘‘CORRIDOR

PLANNING’’; 

(3) by striking ‘‘corridor development’’ each place it 

appears and inserting ‘‘corridor planning’’; and 

(4) in subsection (c)(2), by striking ‘‘development’’ 

and inserting ‘‘planning’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 

26104 is amended in paragraph (1) of subsection (a) by 

striking ‘‘$70,000,000’’ and inserting ‘‘$30,000,000’’. 

(c) CONFORMING AMENDMENT.—The item relating to 

section 26101 in the table of sections of chapter 261 is 

amended by striking ‘‘Corridor development’’ and inserting 

‘‘High-speed rail corridor planning’’. 

(d) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 

Chapter 261 is amended by adding at the end thereof the following: 

‘‘§ 26106. High-speed rail corridor development 

‘‘(a) IN GENERAL.—The Secretary of Transportation 

shall establish and implement a high-speed rail corridor development program. 

‘‘(b) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) APPLICANT.—The term ‘applicant’ means a 

State, a group of States, an Interstate Compact, a public 
272 

•HRES 1492 EH 

agency established by one or more States and having responsibility for providing high-speed rail service, or Amtrak. 

‘‘(2) CORRIDOR.—The term ‘corridor’ means a corridor designated by the Secretary pursuant to section 

104(d)(2) of title 23. 

‘‘(3) CAPITAL PROJECT.—The term ‘capital project’ 

means a project or program in a State rail plan developed under chapter 227 of this title for acquiring, constructing, improving, or inspecting equipment, track, and 

track structures, or a facility of use in or for the primary benefit of high-speed rail service, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights 

agreements, highway-rail grade crossing improvements 

related to high-speed rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement 

housing sites, and acquiring, constructing, relocating, 

and rehabilitating replacement housing. 

‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed rail’ 

means intercity passenger rail service that is reasonably 

expected to reach speeds of at least 110 miles per hour. 
273 

•HRES 1492 EH 

‘‘(5) INTERCITY PASSENGER RAIL SERVICE.—The 

term ‘intercity passenger rail service’ has the meaning 

given the term ‘intercity rail passenger transportation’ in 

section 24102 of this title. 

‘‘(6) STATE.—The term ‘State’ means any of the 

50 States or the District of Columbia. 

‘‘(c) GENERAL AUTHORITY.—The Secretary may make 

grants under this section to an applicant to finance capital 

projects in high-speed rail corridors. 

‘‘(d) APPLICATIONS.—Each applicant seeking to receive 

a grant under this section to develop a high-speed rail corridor shall submit to the Secretary an application in such 

form and in accordance with such requirements as the Secretary shall establish. 

‘‘(e) COMPETITIVE GRANT SELECTION AND CRITERIA

FOR GRANTS.— 

‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) establish criteria for selecting among 

projects that meet the criteria specified in paragraph (2); 

‘‘(B) conduct a national solicitation for applications; and 

‘‘(C) award grants on a competitive basis. 
274 

•HRES 1492 EH 

‘‘(2) GRANT CRITERIA.—The Secretary, in selecting 

the recipients of high-speed rail development grants to 

be provided under subsection (c), shall— 

‘‘(A) require— 

‘‘(i) that the project be part of a State rail 

plan developed under chapter 227 of this title, 

or under the plan required by section 211 of 

the Passenger Rail Investment and Improvement Act of 2008; 

‘‘(ii) that the applicant or recipient has or 

will have the legal, financial, and technical capacity to carry out the project, satisfactory 

continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities; 

‘‘(iii) that the project be based on the results of preliminary engineering studies or 

other planning, including corridor planning activities funded under section 26101 of this 

title; 

‘‘(iv) that the applicant provides sufficient 

information upon which the Secretary can 

make the findings required by this subsection; 

‘‘(v) that if an applicant has selected the 

proposed operator of its service, that the appli-
275 

•HRES 1492 EH 

cant provide written justification to the Secretary showing why the proposed operator is 

the best, taking into account costs and other 

factors; 

‘‘(vi) that each proposed project meet all 

safety and security requirements that are applicable to the project under law; and 

‘‘(vii) that each project be compatible 

with, and operated in conformance with— 

‘‘(I) plans developed pursuant to the 

requirements of section 135 of title 23; 

and 

‘‘(II) the national rail plan (if it is 

available); 

‘‘(B) select high-speed rail projects— 

‘‘(i) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, 

consideration of the project’s— 

‘‘(I) levels of estimated ridership, increased on-time performance, reduced trip 

time, additional service frequency to meet 

anticipated or existing demand, or other 

significant service enhancements as measured against minimum standards devel-
276 

•HRES 1492 EH 

oped under section 207 of the Passenger 

Rail Investment and Improvement Act of 

2008; 

‘‘(II) anticipated favorable impact on 

air or highway traffic congestion, capacity, 

or safety; and 

‘‘(ii) for which there is a high degree of 

confidence that the proposed project is feasible 

and will result in the anticipated benefits, as 

indicated by— 

‘‘(I) the project’s precommencement 

compliance with environmental protection 

requirements; 

‘‘(II) the readiness of the project to 

be commenced; 

‘‘(III) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and 

‘‘(IV) other relevant factors as determined by the Secretary; 

‘‘(iii) for which the level of the anticipated 

benefits compares favorably to the amount of 

Federal funding requested under this section; 

and 

‘‘(C) give greater consideration to projects— 
277 

•HRES 1492 EH 

‘‘(i) that are anticipated to result in benefits to other modes of transportation and to 

the public at large, including, but not limited 

to, consideration of the project’s— 

‘‘(I) encouragement of intermodal 

connectivity through provision of direct 

connections between train stations, airports, bus terminals, subway stations, 

ferry ports, and other modes of transportation; 

‘‘(II) anticipated improvement of conventional intercity passenger, freight, or 

commuter rail operations; 

‘‘(III) use of positive train control 

technologies; 

‘‘(IV) environmental benefits, including projects that involve the purchase of 

environmentally sensitive, fuel-efficient, 

and cost-effective passenger rail equipment; 

‘‘(V) anticipated positive economic 

and employment impacts; 

‘‘(VI) encouragement of State and 

private contributions toward station devel-
278 

•HRES 1492 EH 

opment, energy and environmental efficiency, and economic benefits; and 

‘‘(VII) falling under the description 

in section 5302(a)(1)(G) of this title as 

defined to support intercity passenger rail 

service; and 

‘‘(ii) that incorporate equitable financial 

participation in the project’s financing, including, but not limited to, consideration of— 

‘‘(I) donated property interests or 

services; 

‘‘(II) financial contributions by intercity passenger, freight, and commuter rail 

carriers commensurate with the benefit 

expected to their operations; and 

‘‘(III) financial commitments from 

host railroads, non-Federal governmental 

entities, non-governmental entities, and 

others. 

‘‘(3) GRANT CONDITIONS.—The Secretary shall require each recipient of a grant under this chapter to 

comply with the grant requirements of section 24405 of 

this title. 

‘‘(4) STATE RAIL PLANS.—State rail plans completed before the date of enactment of the Passenger 
279 

•HRES 1492 EH 

Rail Investment and Improvement Act of 2008 that substantially meet the requirements of chapter 227 of this 

title, as determined by the Secretary pursuant to section 

22506 of this title, shall be deemed by the Secretary to 

have met the requirements of paragraph (2)(A)(i) of this 

subsection. 

‘‘(f) FEDERAL SHARE.—The Federal share of the cost 

of a project financed under this section shall not exceed 80 

percent of the project net capital cost. 

‘‘(g) ISSUANCE OF REGULATIONS.—Within 1 year after 

the date of enactment of this section, the Secretary shall 

issue regulations to carry out this section. 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Secretary to carry out 

this section— 

‘‘(1) $150,000,000 for fiscal year 2009; 

‘‘(2) $300,000,000 for fiscal year 2010; 

‘‘(3) $350,000,000 for fiscal year 2011; 

‘‘(4) $350,000,000 for fiscal year 2012; and 

‘‘(5) $350,000,000 for fiscal year 2013.’’. 

(e) TABLE OF SECTIONS AMENDMENT.—The table of 

sections for chapter 261 is amended by adding after the item 

relating to section 26105 the following new item: 

‘‘26106. High-speed rail corridor development.’’. 

SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS. 

(a) SOLICITATION OF PROPOSALS.— 
280 

•HRES 1492 EH 

(1) IN GENERAL.—Not later than 60 days after the 

date of enactment of this Act, the Secretary shall issue 

a request for proposals for projects for the financing, design, construction, operation, and maintenance of a highspeed intercity passenger rail system operating within a 

high-speed rail corridor, including— 

(A) the Northeast Corridor; 

(B) the California Corridor; 

(C) the Empire Corridor; 

(D) the Pacific Northwest Corridor; 

(E) the South Central Corridor; 

(F) the Gulf Coast Corridor; 

(G) the Chicago Hub Network; 

(H) the Florida Corridor; 

(I) the Keystone Corridor; 

(J) the Northern New England Corridor; and 

(K) the Southeast Corridor. 

(2) SUBMISSION.—Proposals shall be submitted to 

the Secretary not later than 270 days after the publication of such request for proposals under paragraph (1). 

(3) PERFORMANCE STANDARD.—Proposals submitted under paragraph (2) must meet any standards 

established by the Secretary. For corridors with existing 

intercity passenger rail service, proposals shall also be 

designed to achieve a reduction of existing minimum 
281 

•HRES 1492 EH 

intercity rail service trip times between the main corridor city pairs by a minimum of 25 percent. In the case 

of a proposal submitted with respect to paragraph 

(1)(A), the proposal must be designed to achieve a 2- 

hour or less express service between Washington, District of Columbia, and New York City, New York. 

(4) CONTENTS.—A proposal submitted under this 

subsection shall include— 

(A) the names and qualifications of the persons 

submitting the proposal and the entities proposed to 

finance, design, construct, operate, and maintain 

the railroad, railroad equipment, and related facilities, stations, and infrastructure; 

(B) a detailed description of the proposed rail 

service, including possible routes, required infrastructure investments and improvements, equipment 

needs and type, train frequencies, peak and average 

operating speeds, and trip times; 

(C) a description of how the project would 

comply with Federal rail safety and security laws, 

orders, and regulations governing high-speed rail 

operations; 

(D) the locations of proposed stations, which 

maximize the usage of existing infrastructure to the 
282 

•HRES 1492 EH 

extent possible, and the populations such stations 

are intended to serve; 

(E) the type of equipment to be used, including 

any technologies, to achieve trip time goals; 

(F) a description of any proposed legislation 

needed to facilitate all aspects of the project; 

(G) a financing plan identifying— 

(i) projected revenue, and sources thereof; 

(ii) the amount of any requested public 

contribution toward the project, and proposed 

sources; 

(iii) projected annual ridership projections 

for the first 10 years of operations; 

(iv) annual operations and capital costs; 

(v) the projected levels of capital investments required both initially and in subsequent 

years to maintain a state-of-good-repair necessary to provide the initially proposed level of 

service or higher levels of service; 

(vi) projected levels of private investment 

and sources thereof, including the identity of 

any person or entity that has made or is expected to make a commitment to provide or secure funding and the amount of such commitment; and 
283 

•HRES 1492 EH 

(vii) projected funding for the full fair 

market compensation for any asset, property 

right or interest, or service acquired from, 

owned, or held by a private person or Federal 

entity that would be acquired, impaired, or diminished in value as a result of a project, except as otherwise agreed to by the private person or entity; 

(H) a description of how the project would contribute to the development of a national high-speed 

rail system and an intermodal plan describing how 

the system will facilitate convenient travel connections with other transportation services; 

(I) a description of how the project will ensure 

compliance with Federal laws governing the rights 

and status of employees associated with the route 

and service, including those specified in section 

24405 of title 49, United States Code; 

(J) a description of how the design, construction, implementation, and operation of the project 

will accommodate and allow for future growth of existing and projected intercity, commuter, and 

freight rail service; 

(K) a description of how the project would 

comply with Federal and State environmental laws 
284 

•HRES 1492 EH 

and regulations, of what the environmental impacts 

would result from the project, and how any adverse 

impacts would be mitigated; and 

(L) a description of the project’s impacts on 

highway and aviation congestion, energy consumption, land use, and economic development in the 

service area. 

(b) DETERMINATION AND ESTABLISHMENT OF COMMISSIONS.—Not later than 60 days after receipt of the proposals 

under subsection (a), the Secretary shall— 

(1) make a determination as to whether any such 

proposals— 

(A) contain the information required under 

subsection (a)(3) and (4); 

(B) are sufficiently credible to warrant further 

consideration; 

(C) are likely to result in a positive impact on 

the Nation’s transportation system; and 

(D) are cost-effective and in the public interest; and 

(2) establish a commission under subsection (c) for 

each corridor with one or more proposals that the Secretary determines satisfies the requirements of paragraph (1), and forward to each commission such proposals for review and consideration. 
285 

•HRES 1492 EH 

(c) COMMISSIONS.— 

(1) MEMBERS.—Each commission referred to in 

subsection (b)(2) shall include— 

(A) the governors of the affected States, or 

their respective designees; 

(B) mayors of appropriate municipalities along 

the proposed corridor, or their respective designees; 

(C) a representative from each freight railroad 

carrier using the relevant corridor, if applicable; 

(D) a representative from each transit authority using the relevant corridor, if applicable; 

(E) representatives of nonprofit employee labor 

organizations representing affected railroad employees; and 

(D) the President of Amtrak or his or her designee. 

(2) APPOINTMENT AND SELECTION.—The Secretary 

shall appoint the members under paragraph (1). In selecting each commission’s members to fulfill the requirements under paragraph (1)(B) and (E), the Secretary 

shall consult with the Chairmen and Ranking Members 

of the Senate Committee on Commerce, Science, and 

Transportation and the House of Representatives Committee on Transportation and Infrastructure. 
286 

•HRES 1492 EH 

(3) CHAIRPERSON AND VICE-CHAIRPERSON SELECTION.—The Chairperson and Vice-Chairperson shall be 

elected from among members of each commission. 

(4) QUORUM AND VACANCY.— 

(A) QUORUM.—A majority of the members of 

each commission shall constitute a quorum. 

(B) VACANCY.—Any vacancy in each commission shall not affect its powers and shall be filled 

in the same manner in which the original appointment was made. 

(5) APPLICATION OF LAW.—Except where otherwise 

provided by this section, the Federal Advisory Committee Act (P.L. 92–463) shall apply to each commission 

created under this section. 

(d) COMMISSION CONSIDERATION.— 

(1) IN GENERAL.—Each commission established 

under subsection (b)(2) shall be responsible for reviewing 

the proposal or proposals forwarded to it under that subsection and not later than 90 days after the establishment of the commission, shall transmit to the Secretary 

a report which includes— 

(A) a summary of each proposal received; 

(B) services to be provided under each proposal, including projected ridership, revenues, and 

costs; 
287 

•HRES 1492 EH 

(C) proposed public and private contributions 

for each proposal; 

(D) the advantages offered by the proposal 

over existing intercity passenger rail services; 

(E) public operating subsidies or assets needed 

for the proposed project; 

(F) possible risks to the public associated with 

the proposal, including risks associated with project 

financing, implementation, completion, safety, and 

security; 

(G) a ranked list of the proposals recommended for further consideration under subsection (e) in accordance with each proposal’s projected positive impact on the Nation’s transportation system; 

(H) an identification of any proposed Federal 

legislation that would facilitate implementation of 

the projects and Federal legislation that would be 

required to implement the projects; and 

(I) any other recommendations by the commission concerning the proposed projects. 

(2) VERBAL PRESENTATION.—Proposers shall be 

given an opportunity to make a verbal presentation to 

the commission to explain their proposals. 
288 

•HRES 1492 EH 

(3) AUTHORIZATION OF APPROPRIATIONS.—There 

are authorized to be appropriated to the Secretary for 

the use of each commission established under subsection 

(b)(2) such sums as are necessary to carry out this section. 

(e) SELECTION BY SECRETARY.— 

(1) Not later than 60 days after receiving the recommended proposals of the commissions established 

under subsection (b)(2), the Secretary shall— 

(A) review such proposals and select any proposal which provides substantial benefits to the public and the national transportation system, is costeffective, offers significant advantages over existing 

services, and meets other relevant factors determined appropriate by the Secretary; and 

(B) issue a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate containing any proposal with respect to subsection 

(a)(1)(A) that is selected by the Secretary under 

subparagraph (A) of this paragraph, all the information regarding the proposal provided to the Secretary under subsection (d), and any other relevant 

information deemed appropriate. 
289 

•HRES 1492 EH 

(2) Following the submission of the report under 

paragraph (1)(B), the Secretary shall transmit to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing any proposal with respect to subparagraphs (B) through (K) of subsection (a)(1) that are selected by the Secretary under paragraph (1) of this subsection, all the information regarding the proposal provided to the Secretary under subsection (d), and any 

other relevant information deemed appropriate. 

(3) The report required under paragraph (2) shall 

not be submitted by the Secretary until the report submitted under paragraph (1) has been considered through 

a hearing by the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation 

of the Senate on the report submitted under paragraph 

(1)(B). 

(f) PRELIMINARY ENGINEERING.—For planning and 

preliminary engineering activities that meet the criteria of 

section 26101 of title 49, United States Code, (other than 

subsections (a) and (b)(2)) that are undertaken after the Secretary submits reports to the Committee on Transportation 

and Infrastructure of the House of Representatives and the 
290 

•HRES 1492 EH 

Committee on Commerce, Science, and Transportation of the 

Senate as required under subsection (e), not to exceed 

$5,000,000 is authorized to be appropriated from funds made 

available under section 26104(a) of such title. Only 1 proposal for each corridor under subsection (a) shall be eligible 

for such funds. 

(g) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 

No Federal agency may take any action to implement, establish, facilitate, or otherwise act upon any proposal submitted 

under this section, other than those actions specifically authorized by this section, without explicit statutory authority 

enacted after the date of enactment of this Act. 

(h) DEFINITIONS.—In this section, the following definitions apply: 

(1) INTERCITY PASSENGER RAIL.—The term ‘‘intercity passenger rail’’ means intercity rail passenger transportation as defined in section 24102 of title 49, United 

States Code. 

(2) STATE.—The term ‘‘State’’ means any of the 

50 States or the District of Columbia. 

(3) NORTHEAST CORRIDOR.—The term ‘‘Northeast 

Corridor’’ has the meaning given under section 24102 of 

title 49, United States Code. 

(4) HIGH-SPEED RAIL CORRIDOR.—The terms 

‘‘high-speed rail corridor’’ and ‘‘corridor’’ mean a cor-
291 

•HRES 1492 EH 

ridor designated by the Secretary pursuant to section 

104(d)(2) of title 23, United States Code, and the 

Northeast Corridor. 

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. 

(a) AUTHORIZATION.— 

(1) IN GENERAL.—Subject to the succeeding provisions of this section, the Secretary of Transportation is 

authorized to make grants to the Transit Authority, in 

addition to the contributions authorized under sections 

3, 14, and 17 of the National Capital Transportation 

Act of 1969 (sec. 9–1101.01 et seq., D.C. Official Code), 

for the purpose of financing in part the capital and preventive maintenance projects included in the Capital Improvement Program approved by the Board of Directors 

of the Transit Authority. 

(2) DEFINITIONS.—In this section— 

(A) the term ‘‘Transit Authority’’ means the 

Washington Metropolitan Area Transit Authority 

established under Article III of the Compact; and 
292 

•HRES 1492 EH 

(B) the term ‘‘Compact’’ means the Washington Metropolitan Area Transit Authority Compact (80 Stat. 1324; Public Law 89–774). 

(b) USE OF FUNDS.—The Federal grants made pursuant to the authorization under this section shall be subject 

to the following limitations and conditions: 

(1) The work for which such Federal grants are authorized shall be subject to the provisions of the Compact (consistent with the amendments to the Compact 

described in subsection (d)). 

(2) Each such Federal grant shall be for 50 percent 

of the net project cost of the project involved, and shall 

be provided in cash from sources other than Federal 

funds or revenues from the operation of public mass 

transportation systems. Consistent with the terms of the 

amendment to the Compact described in subsection 

(d)(1), any funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation 

funds or reserves available in cash, or new capital. 

(3) Such Federal grants may be used only for the 

maintenance and upkeep of the systems of the Transit 

Authority as of the date of the enactment of this Act 

and may not be used to increase the mileage of the rail 

system. 
293 

•HRES 1492 EH 

(c) APPLICABILITY OF REQUIREMENTS FOR MASS

TRANSPORTATION CAPITAL PROJECTS RECEIVING FUNDS

UNDER FEDERAL TRANSPORTATION LAW.—Except as specifically provided in this section, the use of any amounts appropriated pursuant to the authorization under this section 

shall be subject to the requirements applicable to capital 

projects for which funds are provided under chapter 53 of 

title 49, United States Code, except to the extent that the 

Secretary of Transportation determines that the requirements 

are inconsistent with the purposes of this section. 

(d) AMENDMENTS TO COMPACT.—No amounts may be 

provided to the Transit Authority pursuant to the authorization under this section until the Transit Authority notifies 

the Secretary of Transportation that each of the following 

amendments to the Compact (and any further amendments 

which may be required to implement such amendments) have 

taken effect: 

(1)(A) An amendment requiring that all payments 

by the local signatory governments for the Transit Authority for the purpose of matching any Federal funds 

appropriated in any given year authorized under subsection (a) for the cost of operating and maintaining the 

adopted regional system are made from amounts derived 

from dedicated funding sources. 
294 

•HRES 1492 EH 

(B) For purposes of this paragraph, the term ‘‘dedicated funding source’’ means any source of funding 

which is earmarked or required under State or local law 

to be used to match Federal appropriations authorized 

under this division for payments to the Transit Authority. 

(2) An amendment establishing an Office of the Inspector General of the Transit Authority. 

(3) An amendment expanding the Board of Directors of the Transit Authority to include 4 additional Directors appointed by the Administrator of General Services, of whom 2 shall be nonvoting and 2 shall be voting, 

and requiring one of the voting members so appointed to 

be a regular passenger and customer of the bus or rail 

service of the Transit Authority. 

(e) ACCESS TO WIRELESS SERVICE IN METRORAIL SYSTEM.— 

(1) REQUIRING TRANSIT AUTHORITY TO PROVIDE

ACCESS TO SERVICE.—No amounts may be provided to 

the Transit Authority pursuant to the authorization 

under this section unless the Transit Authority ensures 

that customers of the rail service of the Transit Authority have access within the rail system to services provided by any licensed wireless provider that notifies the 

Transit Authority (in accordance with such procedures 
295 

•HRES 1492 EH 

as the Transit Authority may adopt) of its intent to 

offer service to the public, in accordance with the following timetable: 

(A) Not later than 1 year after the date of the 

enactment of this Act, in the 20 underground rail 

station platforms with the highest volume of passenger traffic. 

(B) Not later than 4 years after such date, 

throughout the rail system. 

(2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM

FOR UPGRADES AND MAINTENANCE.—No amounts may 

be provided to the Transit Authority pursuant to the authorization under this section unless the Transit Authority ensures that each licensed wireless provider who provides service to the public within the rail system pursuant to paragraph (1) has access to the system on an ongoing basis (subject to such restrictions as the Transit 

Authority may impose to ensure that such access will not 

unduly impact rail operations or threaten the safety of 

customers or employees of the rail system) to carry out 

emergency repairs, routine maintenance, and upgrades 

to the service. 

(3) PERMITTING REASONABLE AND CUSTOMARY

CHARGES.—Nothing in this subsection may be construed 

to prohibit the Transit Authority from requiring a li-
296 

•HRES 1492 EH 

censed wireless provider to pay reasonable and customary charges for access granted under this subsection. 

(4) REPORTS.—Not later than 1 year after the date 

of the enactment of this Act, and each of the 3 years 

thereafter, the Transit Authority shall submit to the 

Committee on Oversight and Government Reform of the 

House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a 

report on the implementation of this subsection. 

(5) DEFINITION.—In this subsection, the term ‘‘licensed wireless provider’’ means any provider of wireless 

services who is operating pursuant to a Federal license 

to offer such services to the public for profit. 

(f) AMOUNT.—There are authorized to be appropriated 

to the Secretary of Transportation for grants under this section an aggregate amount not to exceed $1,500,000,000 to be 

available in increments over 10 fiscal years beginning in fiscal 

year 2009, or until expended. 

(g) AVAILABILITY.—Amounts appropriated pursuant to 

the authorization under this section shall remain available 

until expended. 

Attest: 

Clerk.