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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1492 Engrossed in House (EH)]

                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.
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.
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 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.
            (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;
                    ``(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 
consistent 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 above-ground 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 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 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. 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.
            (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 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:
``Sec. 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 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 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, employee 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 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, 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 fatigue. 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 disasters, 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 employing 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.
    ``(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:
``Sec. 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--
                    ``(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 toxic-by-
                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 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 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--
                    ``(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:
``Sec. 20158. Railroad safety technology grants
    ``(a) Grant Program.--The Secretary of Transportation shall establish a 
grant program for the deployment of 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
                    ``(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 implement 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:
``Sec. 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''.
    (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
            ``(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--
                            ``(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:
    ``(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 beginning 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).
            ``(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 waiver 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 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:
``Sec. 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).
            ``(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.''.
    (e) Regulatory Authority.--
            (1) In general.--Chapter 211 is amended by adding at the end thereof 
        the following:
``Sec. 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 employee'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 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 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 railroads 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 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 (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:
``Sec. 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.
    ``(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.
``Sec. 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 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:
``Sec. 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 
carriers, 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.
    ``(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.''.

   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 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.

SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL 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:
``Sec. 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.''.

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:
``Sec. 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--
            ``(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 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.''.
    (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 provision 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.''.
    (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:
``Sec. 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 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
            ``(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-of-way;
                    ``(B) an explanation of the purpose of that toll-free 
                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 toll-free 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, 
incidents, 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 appropriate 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.
``Sec. 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 enforcement, to significantly reduce 
        violations of traffic laws at highway-rail grade crossings and to help 
        prevent and reduce injuries and fatalities along railroad rights-of-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.
``Sec. 22502. Distribution
    ``The Secretary shall provide the grants to the State agency or agencies 
responsible for highway-rail grade crossing safety.
``Sec. 22503. Standards for awarding grants
    ``(a) Section 22501(1) Grants.--The Secretary shall provide grants under 
section 22501(1) based upon the merits 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.
``Sec. 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.
    ``(b) Maximum Grant Amount Under Section 22501(2).--No grant awarded under 
section 22501(2) may exceed $250,000.
``Sec. 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         22501''.
                            crossing safety.

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:
``Sec. 20151. Railroad trespassing, vandalism, and highway-rail 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
                    (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
            ``(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 highway-rail 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.

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:
``Sec. 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 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.
    ``(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 
                            highway-rail grade crossings.''.

                   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;
            (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.''.
    (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:
``Sec. 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--
                    ``(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--
                            ``(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.''.

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.''.

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).
                    ``(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--
                    ``(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).
            ``(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 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;
                    ``(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, 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.''.

                     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:
``Sec. 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 necessary 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.''.
    (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:
``Sec. 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 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.''.

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;
            (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 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, 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:
``Sec. 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, 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.''.

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.

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:
``Sec. 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 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;
            (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 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 Representatives 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-of-way 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:
``Sec. 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--
            ``(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, 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 inspections 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
            (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;
            (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--
                    (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.

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:
``Sec. 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;
            ``(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
            (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, 
        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'';
            (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 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:
``Sec. 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
            ``(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.
            ``(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 reasonable 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
            ``(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 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
                    ``(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.
    ``(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 
information 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:
``Sec. 24316. Plans to address needs of families of passengers involved in rail 
              passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date of the 
enactment of the 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.
    ``(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 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.
            ``(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 information 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 passenger 
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 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 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:
``Sec. 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 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 
                Railroads 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 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, 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--
                            ``(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 line-side 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 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.
            ``(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:
``Sec. 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 facility 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 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 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 Railroads 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.
    ``(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:
``Sec. 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.''.

                        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''.
    (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.--
                    ``(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
            (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.
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 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.
    (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.
            (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 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 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:
``Sec. 24702. Transportation requested by States, authorities, and other persons
    ``(a) Contracts for Transportation.--Amtrak may enter into a contract with a 
State, a regional or local authority, or another person for Amtrak to operate an 
intercity rail service or route not included in the national rail passenger 
transportation system upon such terms as the parties thereto may agree.
    ``(b) Discontinuance.--Upon termination of a contract entered into under 
this section, or the cessation of financial support under such a contract by 
either party, Amtrak may discontinue such service or route, notwithstanding any 
other provision of law.''.
            (2) Conforming amendment.--The chapter analysis for chapter 247 is 
        amended by inserting after the item relating to section 24701 the 
        following:

``24702. Transportation requested by States, authorities, and other 
                            persons''.
    (c) Amtrak To Continue To Provide Non-High-Speed Services.--Nothing in this 
division is intended to preclude Amtrak from restoring, improving, or developing 
non-high-speed intercity passenger rail service.
    (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).'';
                    (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:
``Sec. 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.
                    ``(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 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 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.

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
                            (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 
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;
            (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;
            (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 requirements 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--
            (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.
    (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.

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.--
            (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.

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.
    (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 establishment of new routes, the elimination of 
existing routes, and the contraction or expansion of services or frequencies 
over such routes. In developing such methodologies, the 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 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 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 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:
``Sec. 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 
        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, and functional performance of 
        service on Amtrak's long-distance passenger rail routes.
    ``(c) Implementation.--Amtrak shall implement the performance improvement 
plan developed under subsection (b)--
            ``(1) beginning in fiscal year 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--
            ``(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 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 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.
    (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:
``Sec. 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;
                    ``(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.
            ``(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 
        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-of-good-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 Investment 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 infrastructure 
                        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 Transportation 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.--
            ``(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 
        Representatives 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), 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.
            (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;
                    (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:
    ``(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 
        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.
            ``(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 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:
``Sec. 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--
            ``(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 
        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 
        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 related 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, including the installment of an interim service 
provider and re-bidding the contract to operate the service. The entity 
providing service shall either be Amtrak or a rail carrier defined in 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, previously 
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.
    (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, 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.

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.

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 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:
``Sec. 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.''.

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 on-board service pursuant to the metrics and standards for such service 
developed under that section.
    (b) Report.--Amtrak shall provide a report to the 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 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--
            (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 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 on-time performance 
        of such routes.

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 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.
            (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.
            (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 on-time 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.

                   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.
``Sec. 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 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.
``Sec. 24402. Capital investment grants to support intercity passenger rail 
              service
    ``(a) General Authority.--
            ``(1) The Secretary of Transportation may make grants under this 
        section to an applicant to assist in financing the capital costs of 
        facilities, 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 program 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.
    ``(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;
                    ``(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
                            ``(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--
                    ``(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
                            ``(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, 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.
            ``(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 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.
            ``(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;
                    ``(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 
        considerations, 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.
``Sec. 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--
            ``(1) adequate recipient staff organization with well-defined 
        reporting relationships, statements of functional responsibilities, job 
        descriptions, and job qualifications;
            ``(2) a budget covering the project management organization, 
        appropriate consultants, property acquisition, utility relocation, 
        systems demonstration staff, audits, and miscellaneous payments the 
        recipient may be prepared to justify;
            ``(3) a construction schedule for the project;
            ``(4) a document control procedure and recordkeeping system;
            ``(5) a change order procedure that includes a documented, 
        systematic approach to handling the construction change orders;
            ``(6) organizational structures, management skills, and staffing 
        levels required throughout the construction phase;
            ``(7) quality control and quality assurance functions, procedures, 
        and responsibilities for construction, system installation, and 
        integration of system components;
            ``(8) material testing policies and procedures;
            ``(9) internal plan implementation and reporting requirements;
            ``(10) criteria and procedures to be used for testing the 
        operational system or its major components;
            ``(11) periodic updates of the plan, especially related to project 
        budget and project 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.
``Sec. 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.
``Sec. 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
            ``(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--
            ``(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 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--
            ``(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
            ``(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 agreement with the 
        authorized bargaining agent or agents for adversely affected employees 
        of the predecessor provider that--
                    ``(A) gives each such qualified employee of the predecessor 
                provider priority in hiring according to the employee's 
                seniority on the predecessor provider for each position with the 
                replacing entity that is in the employee's craft or class and is 
                available within 3 years after the termination of the service 
                being replaced;
                    ``(B) establishes a procedure for notifying such an employee 
                of such positions;
                    ``(C) establishes a procedure for such an employee to apply 
                for such positions; and
                    ``(D) establishes rates of pay, rules, and working 
                conditions.
            ``(2) Immediate replacement service.--
                    ``(A) Negotiations.--If the replacement of preexisting 
                intercity rail passenger service occurs concurrent with or 
                within a reasonable time before the commencement of the 
                replacing entity's rail passenger service, the replacing entity 
                shall give written notice of its plan to replace existing rail 
                passenger service to the authorized collective bargaining agent 
                or agents for the potentially adversely affected employees of 
                the predecessor provider at least 90 days before the date on 
                which it plans to commence service. Within 5 days after the date 
                of receipt of such written notice, negotiations between the 
                replacing entity and the collective bargaining agent or agents 
                for the employees of the predecessor provider shall commence for 
                the purpose of reaching agreement with respect to all matters 
                set forth in subparagraphs (A) through (D) of paragraph (1). The 
                negotiations shall continue for 30 days or until an agreement is 
                reached, whichever is sooner. If at the end of 30 days the 
                parties have not entered into an agreement with respect to all 
                such matters, the unresolved issues shall be submitted for 
                arbitration in accordance with the procedure set forth in 
                subparagraph (B).
                    ``(B) Arbitration.--If an agreement has not been entered 
                into with respect to all matters set forth in subparagraphs (A) 
                through (D) of paragraph (1) as described in subparagraph (A) of 
                this paragraph, the parties shall select an arbitrator. If the 
                parties are unable to agree upon the selection of such 
                arbitrator within 5 days, either or both parties shall notify 
                the National Mediation Board, which shall provide a list of 
                seven arbitrators with experience in arbitrating rail labor 
                protection disputes. Within 5 days after such notification, the 
                parties shall alternately strike names from the list until only 
                1 name remains, and that person shall serve as the neutral 
                arbitrator. Within 45 days after selection of the arbitrator, 
                the arbitrator shall conduct a hearing on the dispute and shall 
                render a decision with respect to the unresolved issues among 
                the matters set forth in subparagraphs (A) through (D) of 
                paragraph (1). 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 place within 3 years after the 
        replacing entity commences intercity passenger rail service, the 
        replacing entity and the collective bargaining agent or agents for the 
        adversely affected employees of the predecessor provider shall enter 
        into an agreement with respect to the matters set forth in subparagraphs 
        (A) through (D) of paragraph (1). If the parties have not entered into 
        an agreement with respect to all such matters within 60 days after the 
        date on which the replacing entity replaces the predecessor provider, 
        the parties shall select an arbitrator using the procedures set forth in 
        paragraph (2)(B), who shall, within 20 days after the commencement of 
        the arbitration, conduct a hearing and decide all unresolved issues. 
        This decision shall be final, binding, and conclusive upon the parties.
    ``(e) Inapplicability to Certain Rail Operations.--Nothing in this section 
applies to--
            ``(1) commuter rail passenger transportation (as defined in section 
        24102(4) of this title) operations of a State or local government 
        authority (as those terms are defined in section 5302(11) and (6), 
        respectively, of this title) eligible to receive financial assistance 
        under section 5307 of this title, or to its contractor performing 
        services in connection with commuter rail passenger operations (as so 
        defined);
            ``(2) the Alaska Railroad or its contractors; or
            ``(3) 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.
``Sec. 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       24401''.
                            ASSISTANCE.
    (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 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:
``Sec. 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 reliability 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.''.

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.
``Sec. 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-by-project 
                        basis, based upon an agreement between the parties.
                    ``(B) Consultation.--The Secretary may seek the advice of 
                the States and rail carriers in further defining this term.
            ``(2) Public benefit.--
                    ``(A) In general.--The term `public benefit'--
                            ``(i) means a benefit accrued to the public, 
                        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-by-project 
                        basis, based upon an agreement between the parties.
                    ``(B) Consultation.--The Secretary may seek the advice of 
                the States and rail carriers in further defining this term.
            ``(3) State.--The term `State' means any of the 50 States and the 
        District of Columbia.
            ``(4) State rail transportation authority.--The term `State rail 
        transportation authority' means the State agency or official responsible 
        under the direction of the Governor of the State or a State law for 
        preparation, maintenance, coordination, and administration of the State 
        rail plan.
``Sec. 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.
``Sec. 22703. Purposes
    ``(a) Purposes.--The purposes of a State rail plan are as follows:
            ``(1) To set forth State policy involving freight and passenger rail 
        transportation, including commuter rail operations, in the State.
            ``(2) To establish the period covered by the State rail plan.
            ``(3) To present priorities and strategies to enhance rail service 
        in the State that benefits the public.
            ``(4) To serve as the basis for Federal and State rail investments 
        within the State.
    ``(b) Coordination.--A State rail plan shall be coordinated with other State 
transportation planning goals and programs, including the plan required under 
section 135 of title 23, and set forth rail transportation's role within the 
State transportation system.
``Sec. 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 in 
the region in which the State is located, while preparing the plan, and shall 
include any recommendations made by such agencies, authorities, and 
municipalities as deemed appropriate by the State.
``Sec. 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).
            ``(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 high-speed rail 
        corridor development within the State not included in a previous plan 
        under this subchapter, and a plan for funding any recommended 
        development of such corridors in the State.
            ``(12) A statement that the State is in compliance with the 
        requirements of section 22102.
    ``(b) Long-Range Service and Investment Program.--
            ``(1) Program content.--A long-range rail investment program 
        included in a State rail plan under subsection (a)(5) shall, 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 capital projects, a State rail 
        transportation authority should take into consideration the following 
        matters:
                    ``(A) Contributions made by non-Federal and non-State 
                sources through user fees, matching funds, or other private 
                capital involvement.
                    ``(B) Rail capacity and congestion effects.
                    ``(C) Effects on highway, aviation, and maritime capacity, 
                congestion, or safety.
                    ``(D) Regional balance.
                    ``(E) Environmental impact.
                    ``(F) Economic and employment impacts.
                    ``(G) Projected ridership and other service measures for 
                passenger rail projects.
``Sec. 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''.

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 representatives 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.
    (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:
``Sec. 24910. Rail cooperative research program
    ``(a) In General.--The Secretary shall establish and carry out a rail 
cooperative research program. The program shall--
            ``(1) address, among other matters, intercity rail passenger and 
        freight rail services, including existing rail passenger and freight 
        technologies and speeds, incrementally enhanced rail systems and 
        infrastructure, and new high-speed wheel-on-rail systems;
            ``(2) address ways to expand the transportation of international 
        trade traffic by rail, enhance the efficiency of intermodal interchange 
        at ports and other intermodal terminals, and increase capacity and 
        availability of rail service for seasonal freight needs;
            ``(3) consider research on the interconnectedness of commuter rail, 
        passenger rail, freight rail, and other rail networks; and
            ``(4) give consideration to regional concerns regarding rail 
        passenger and freight transportation, including meeting research needs 
        common to designated high-speed corridors, long-distance rail services, 
        and regional intercity rail corridors, projects, and entities.
    ``(b) Content.--The program to be carried out under this section shall 
include research designed--
            ``(1) to identify the unique aspects and attributes of rail 
        passenger and freight service;
            ``(2) to develop more accurate models for evaluating the impact of 
        rail passenger and freight service, including the effects on highway and 
        airport and airway congestion, environmental quality, and energy 
        consumption;
            ``(3) to develop a better understanding of modal choice as it 
        affects rail passenger and freight transportation, including development 
        of better models to predict utilization;
            ``(4) to recommend priorities for technology demonstration and 
        development;
            ``(5) to meet additional priorities as determined by the advisory 
        board established under subsection (c), including any recommendations 
        made by the National Research Council;
            ``(6) to explore improvements in management, financing, and 
        institutional structures;
            ``(7) to address rail capacity constraints that affect passenger and 
        freight rail service through a wide variety of options, ranging from 
        operating improvements to dedicated new infrastructure, taking into 
        account the impact of such options on operations;
            ``(8) to improve maintenance, operations, customer service, or other 
        aspects of intercity rail passenger and freight service;
            ``(9) to recommend objective methodologies for determining intercity 
        passenger rail routes and services, including the establishment of new 
        routes, the elimination of existing routes, and the contraction or 
        expansion of services or frequencies over such routes;
            ``(10) to review the impact of equipment and operational safety 
        standards on the further development of high-speed passenger rail 
        operations connected to or integrated with non-high-speed freight or 
        passenger rail operations;
            ``(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--
                    ``(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);
            (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;
            ``(4) develop and enhance partnerships with the freight and 
        passenger railroad industry, States, and the public concerning rail 
        development;
            ``(5) support rail intermodal development and high-speed rail 
        development, including high speed rail planning;
            ``(6) ensure that programs and initiatives developed under this 
        section benefit the public and work toward achieving regional and 
        national transportation goals; and
            ``(7) facilitate and coordinate efforts to assist freight and 
        passenger rail carriers, transit agencies and authorities, 
        municipalities, and States in passenger-freight service integration on 
        shared rights of way by providing neutral assistance at the joint 
        request of affected rail service providers and infrastructure owners 
        relating to operations and capacity analysis, capital requirements, 
        operating costs, and other research and planning related to corridors 
        shared by passenger or commuter rail service and freight rail 
        operations.
    ``(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.
            ``(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.
``Sec. 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 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.
``Sec. 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.
``Sec. 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, 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.
``Sec. 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.
``Sec. 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 
passengers, 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, 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 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--
            (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 Transportation 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--
            (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.

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 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'';
            (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:
``Sec. 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 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.
            ``(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.
            ``(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 applicant 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 developed 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--
                            ``(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 development, 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 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.--
            (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 high-speed 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 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 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
                            (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 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.
    (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.
            (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;
                    (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.
            (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 cost-effective, 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.
            (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 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 corridor 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
                    (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.
    (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.
            (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 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 licensed 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.
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