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[110th Congress Public Law 432]
[From the U.S. Government Printing Office]

[DOCID: f:publ432.110]

[[Page 4847]]

                    FEDERAL RAIL SAFETY IMPROVEMENTS

[[Page 122 STAT. 4848]]

Public Law 110-432
110th Congress

                                 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. <<NOTE: Oct. 16, 
                         2008 -  [H.R. 2095]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

DIVISION A-- <<NOTE: Rail Safety Improvement Act of 2008.>> RAIL SAFETY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 49.

    (a) Short Title.--This <<NOTE: 49 USC 20101 note.>> 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.

[[Page 122 STAT. 4849]]

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) <<NOTE: 49 USC 20102 note.>>  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

[[Page 122 STAT. 4850]]

                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 <<NOTE: 49 USC 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

[[Page 122 STAT. 4851]]

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 <<NOTE: 49 USC 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 <<NOTE: President.>> 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;

[[Page 122 STAT. 4852]]

            ``(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. <<NOTE: Plan. 49 USC 20101 note.>> 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

[[Page 122 STAT. 4853]]

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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Regulations.>> 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 <<NOTE: Notification.>> proposed plan is not approved, the 
        Secretary shall notify the affected

[[Page 122 STAT. 4854]]

        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 <<NOTE: Deadline.>> 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

[[Page 122 STAT. 4855]]

        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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4856]]

                    ``(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 <<NOTE: Consultation.>> 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:

[[Page 122 STAT. 4857]]

``Sec. 20157. Implementation of positive train control systems

    ``(a) In General.--
            ``(1) Plan required.--Not <<NOTE: Deadlines.>> 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 <<NOTE: Deadlines.>> and Approval.--Not later than 90 
days after the Secretary receives a plan, the Secretary shall review and 
approve or disapprove it. If the <<NOTE: Notification.>> 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.

[[Page 122 STAT. 4858]]

    ``(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

[[Page 122 STAT. 4859]]

        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. <<NOTE: 49 USC 20101 note.>> 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.''.

[[Page 122 STAT. 4860]]

    (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) <<NOTE: 49 USC 21101.>> 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

[[Page 122 STAT. 4861]]

                      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 <<NOTE: Waiver authority.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Reports. Procedures.>> 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

[[Page 122 STAT. 4862]]

        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 <<NOTE: Waiver authority.>> 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 <<NOTE: 49 USC 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

[[Page 122 STAT. 4863]]

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 <<NOTE: 49 USC 21102.>> 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.

[[Page 122 STAT. 4864]]

                    ``(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 <<NOTE: Deadline. Orders.>> 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,

[[Page 122 STAT. 4865]]

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) <<NOTE: Deadline.>> 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 <<NOTE: Regulations. Deadline.>> 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 <<NOTE: Regulations. Deadline.>> 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 <<NOTE: Deadline.>> 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.''.

[[Page 122 STAT. 4866]]

                    (B) The first sentence of section 
                21303(a)(1) <<NOTE: 49 USC 21303.>> 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 <<NOTE: 49 USC 21101 note.>> 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 <<NOTE: 49 USC 21101 note.>> in Implementation of Duty 
Hours Limitation Changes.--The <<NOTE: Effective date.>> 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

[[Page 122 STAT. 4867]]

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 <<NOTE: Effective date.>> 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 <<NOTE: 49 USC 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

[[Page 122 STAT. 4868]]

requirements concerning maximum on-duty and minimum off-duty periods.
    ``(b) Granting of Waivers.--The <<NOTE: Notice.>> 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 <<NOTE: Federal 
Register, publication.>> 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. <<NOTE: 49 USC 20134 note.>> PEDESTRIAN CROSSING SAFETY.

    Not <<NOTE: Deadline. Guidance.>> 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. <<NOTE: 49 USC 22501 note.>> STATE ACTION PLANS.

    (a) In General.--Not <<NOTE: Deadline.>> later than 1 year after the 
date of enactment of this Act, the Secretary shall identify the 10 
States that

[[Page 122 STAT. 4869]]

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 <<NOTE: Deadline.>> later than 60 days 
after the Secretary receives a plan under subsection (a), the Secretary 
shall review and approve or disapprove it. 
If <<NOTE: Notification. Deadline.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadlines.>> later than 1 year after the date of 
enactment of the Rail Safety Improvement Act of 2008 or 6

[[Page 122 STAT. 4870]]

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) <<NOTE: Deadlines.>> 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) <<NOTE: Deadlines.>> 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 <<NOTE: Regulations.>> 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.

[[Page 122 STAT. 4871]]

            ``(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 <<NOTE: Regulations.>> 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) <<NOTE: 49 USC 21301.>> is amended--

[[Page 122 STAT. 4872]]

                    (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) <<NOTE: 49 USC 21301.>> 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.''.

[[Page 122 STAT. 4873]]

    (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. <<NOTE: 49 USC 22501 note.>> 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--

[[Page 122 STAT. 4874]]

            ``(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

[[Page 122 STAT. 4875]]

section 22501(2) of this chapter. Amounts appropriated pursuant to this 
section shall remain available until expended.''.
    (b) Conforming Amendment.--The subtitle analysis for subtitle V is 
amended by inserting after the item relating to chapter 223 the 
following:

``225. Federal grants to States for highway-rail grade crossing 
safety..........................................................22501''.
SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE CROSSING 
                        SAFETY.

    (a) Trespasser Prevention and Highway-Rail Grade Crossing Warning 
Sign Violations.--Section 20151 <<NOTE: 49 USC 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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

[[Page 122 STAT. 4876]]

            ``(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 <<NOTE: Guidelines.>> 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. <<NOTE: 49 USC 20901 note.>> ACCIDENT AND INCIDENT 
                        REPORTING.

    The <<NOTE: Audits.>> 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.

[[Page 122 STAT. 4877]]

            ``(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;

[[Page 122 STAT. 4878]]

            (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 <<NOTE: 49 USC 21301.>> 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 <<NOTE: Effective date. Public 
information. Web site.>> 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;

[[Page 122 STAT. 4879]]

                    ``(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 <<NOTE: 49 USC 20104.>> 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) <<NOTE: Notice.>> 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

[[Page 122 STAT. 4880]]

        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 <<NOTE: 49 USC 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.

[[Page 122 STAT. 4881]]

            ``(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. <<NOTE: 49 USC 103 note.>> 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 <<NOTE: 49 USC 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

[[Page 122 STAT. 4882]]

        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 <<NOTE: Notice.>> 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) <<NOTE: 49 USC 20112.>> 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.''.

[[Page 122 STAT. 4883]]

                 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 <<NOTE: Deadline.>> 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) <<NOTE: Requirements.>> 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.''.

[[Page 122 STAT. 4884]]

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 <<NOTE: Deadline.>> 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 <<NOTE: 49 USC 20162 note.>> 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 <<NOTE: 49 USC 20162 note.>> 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. <<NOTE: 49 USC 20142 note.>> TRACK INSPECTION TIME 
                        STUDY.

    (a) Study.--Not <<NOTE: Deadline. Reports.>> 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

[[Page 122 STAT. 4885]]

            (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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Regulations.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 20103 note.>> LOCOMOTIVE CAB STUDIES.

    (a) In General.--Not <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4886]]

    (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 <<NOTE: Deadline. Standards. Guidance. Regulations. Orders.>> 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 <<NOTE: 49 USC 20102.>> 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

[[Page 122 STAT. 4887]]

        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. <<NOTE: Deadlines.>> 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 <<NOTE: Reports.>> 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. <<NOTE: 49 USC 20109 note.>> 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.

[[Page 122 STAT. 4888]]

    (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 <<NOTE: Deadline. Regulations.>> 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. <<NOTE: 49 USC 5103 note.>> 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

[[Page 122 STAT. 4889]]

employees from unsafe exposure to radiation during the transportation of 
radioactive materials.
SEC. 412. <<NOTE: 49 USC 20140 note.>> ALCOHOL AND CONTROLLED 
                        SUBSTANCE TESTING FOR MAINTENANCE-OF-WAY 
                        EMPLOYEES.

    Not <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Regulations.>> 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. <<NOTE: 49 USC 20103 note.>> TUNNEL INFORMATION.

    Not <<NOTE: Deadline. Time period. Records.>> 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 <<NOTE: Briefings.>> 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

[[Page 122 STAT. 4890]]

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. <<NOTE: 49 USC 20107 note.>> SAFETY INSPECTIONS IN 
                        MEXICO.

    Mechanical <<NOTE: Certification.>> 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. <<NOTE: 49 USC 20103 note.>> RAILROAD BRIDGE SAFETY 
                        ASSURANCE.

    (a) In General.--Not <<NOTE: Deadline. Regulations.>> 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;

[[Page 122 STAT. 4891]]

            (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:

[[Page 122 STAT. 4892]]

``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 <<NOTE: 49 USC 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,

[[Page 122 STAT. 4893]]

        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 <<NOTE: 49 USC 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadlines.>> 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

[[Page 122 STAT. 4894]]

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 <<NOTE: Designations.>> 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

[[Page 122 STAT. 4895]]

        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

[[Page 122 STAT. 4896]]

        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.

[[Page 122 STAT. 4897]]

            ``(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 <<NOTE: Deadline.>> 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

[[Page 122 STAT. 4898]]

        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

[[Page 122 STAT. 4899]]

        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. <<NOTE: 49 USC 1139 note.>> 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

[[Page 122 STAT. 4900]]

Transportation containing the model plan and recommendations developed 
by the task force under subsection (b).

   TITLE VI-- <<NOTE: Clean Railroads Act of 2008.>> CLARIFICATION OF 
FEDERAL JURISDICTION OVER SOLID WASTE FACILITIES
SEC. <<NOTE: 49 USC 10101 note.>> 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) <<NOTE: 49 USC 10501.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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

[[Page 122 STAT. 4901]]

                      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

[[Page 122 STAT. 4902]]

                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;

[[Page 122 STAT. 4903]]

                    ``(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 <<NOTE: Deadline. Publication.>> 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

[[Page 122 STAT. 4904]]

            ``(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

[[Page 122 STAT. 4905]]

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 <<NOTE: 49 
USC 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

[[Page 122 STAT. 4906]]

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) <<NOTE: 49 USC 22301.>> is amended by striking 
``and'' and inserting ``or''.

    (c) Rail Transportation of Renewable Fuel Study.--Section 
245(a)(1) <<NOTE: 121 Stat. 1546.>> 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''.

[[Page 122 STAT. 4907]]

 DIVISION B-- <<NOTE: Passenger Rail Investment and Improvement Act of 
2008.>> AMTRAK
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 49 USC 20101 note.>> 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.

[[Page 122 STAT. 4908]]

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. <<NOTE: 49 USC 24101 note.>> 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

[[Page 122 STAT. 4909]]

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 <<NOTE: 49 USC 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

[[Page 122 STAT. 4910]]

                    ``(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 <<NOTE: 49 USC 24101 note.>> 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 <<NOTE: 49 USC 
24706.>> 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)''.

[[Page 122 STAT. 4911]]

    (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 <<NOTE: 49 USC 24302.>> 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 <<NOTE: President.>> 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 <<NOTE: President. Consultation.>> 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.

[[Page 122 STAT. 4912]]

    ``(2) <<NOTE: Deadline. Reports.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 24101 note.>> ESTABLISHMENT OF IMPROVED 
                        FINANCIAL ACCOUNTING SYSTEM.

    (a) In <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> 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;

[[Page 122 STAT. 4913]]

                    (B) include the report described in subparagraph (A) 
                in Amtrak's annual report; and
                    (C) post <<NOTE: Web site.>> 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. <<NOTE: 49 USC 24101 note.>> DEVELOPMENT OF 5-YEAR 
                        FINANCIAL PLAN.

    (a) Development of 5-Year Financial Plan.--
The <<NOTE: Deadline.>> 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;

[[Page 122 STAT. 4914]]

            (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 <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 24101 note.>> 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 <<NOTE: Expiration date.>> 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.

[[Page 122 STAT. 4915]]

    (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. <<NOTE: 49 USC 24101 note.>> 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 <<NOTE: Requirements. Deadline.>> 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

[[Page 122 STAT. 4916]]

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 <<NOTE: Deadlines.>> 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 <<NOTE: Notification.>> 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. <<NOTE: 49 USC 24101 note.>> METRICS AND STANDARDS.

    (a) In General.--Within <<NOTE: Deadline.>> 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 <<NOTE: Publication.>> Reports.--The Administrator of 
the Federal Railroad Administration shall collect the necessary data and 
publish

[[Page 122 STAT. 4917]]

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. <<NOTE: Deadlines. 49 USC 24101 note.>> METHODOLOGIES 
                        FOR AMTRAK ROUTE AND SERVICE PLANNING 
                        DECISIONS.

    (a) Methodology Development.--Within <<NOTE: Recommen- 
dations.>> 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 <<NOTE: Reports.>> 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. <<NOTE: 49 USC 24101 note.>> STATE-SUPPORTED ROUTES.

    (a) In General.--Within <<NOTE: Deadline.>> 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

[[Page 122 STAT. 4918]]

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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4919]]

    ``(b) Performance Improvement Plan.--Amtrak <<NOTE: Web 
site.>> 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 <<NOTE: Notification.>> 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.''.

[[Page 122 STAT. 4920]]

    (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. <<NOTE: 49 USC 24902 note.>> NORTHEAST CORRIDOR STATE-
                        OF-GOOD-REPAIR PLAN.

    (a) In <<NOTE: Deadline.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4921]]

SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
                        IMPROVEMENTS.

    (a) In General.-- <<NOTE: 49 USC 24905.>> 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 <<NOTE: Deadline. Establishment.>> 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) <<NOTE: Rules. Procedures.>> 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) <<NOTE: Consultation.>> The Commission shall consult 
        with other entities as appropriate.

    ``(b) Statement of Goals and Recommendations.--

[[Page 122 STAT. 4922]]

            ``(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 <<NOTE: Deadline.>> 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;

[[Page 122 STAT. 4923]]

                    ``(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 <<NOTE: Establishment.>> 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 <<NOTE: Consultation.>> Secretary shall consult with the 
        Committee about safety and security improvements

[[Page 122 STAT. 4924]]

        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) <<NOTE: 49 USC 24904.>> is amended by--
            (A) inserting ``commuter rail passenger and'' after 
        ``between''; and
            (B) striking ``freight'' in the second sentence.

    (c) RIDOT <<NOTE: Deadlines.>> 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 <<NOTE: Reports.>> 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);

[[Page 122 STAT. 4925]]

                    (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 <<NOTE: 49 USC 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,

[[Page 122 STAT. 4926]]

        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 <<NOTE: Recommen- dations.>> 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 <<NOTE: 49 USC 24308 note.>> 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 <<NOTE: Waiver authority.>> 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 <<NOTE: 49 USC 24308.>> is 
amended--
            (1) by striking ``Interstate Commerce Commission'' in 
        subsection (a)(2)(A) and inserting ``Surface Transportation 
        Board'';

[[Page 122 STAT. 4927]]

            (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 <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Notification. Deadlines.>> 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

[[Page 122 STAT. 4928]]

            ``(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 <<NOTE: Certification.>> taking 
any action allowed under this section, the Secretary shall certify that 
the Administrator

[[Page 122 STAT. 4929]]

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. <<NOTE: 49 USC 24711 note.>> 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 <<NOTE: Certification.>> 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 <<NOTE: Grants.>> 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

[[Page 122 STAT. 4930]]

section 101 of this division for termination-related payments to 
employees under existing contractual agreements.
SEC. 216. <<NOTE: 49 USC 24308 note.>> 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. <<NOTE: 49 USC 24702 note.>> 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 <<NOTE: Deadline. Order.>> 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) <<NOTE: 49 USC 
        24101.>> 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) <<NOTE: 49 USC 24101 note.>> is amended by 
        striking sections 204 and 205.

    (b) Lease <<NOTE: 49 USC 24305 note.>> 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.

[[Page 122 STAT. 4931]]

SEC. 219. <<NOTE: 49 USC 24307 note.>> STUDY OF COMPLIANCE 
                        REQUIREMENTS AT EXISTING INTERCITY RAIL 
                        STATIONS.

    (a) In <<NOTE: Evaluation. Deadlines.>> 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 <<NOTE: Plan.>> 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 <<NOTE: Appropriation authorization.>> 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. <<NOTE: 49 USC 24307 note.>> 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 <<NOTE: Deadlines. Assessment.>> 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

[[Page 122 STAT. 4932]]

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. <<NOTE: 49 USC 24101 note.>> ON-BOARD SERVICE 
                        IMPROVEMENTS.

    (a) In General.--Within <<NOTE: Deadline. Plan.>> 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 <<NOTE: Deadline.>> 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.

[[Page 122 STAT. 4933]]

            (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 <<NOTE: Deadline. Reports.>> 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

[[Page 122 STAT. 4934]]

            (2) contains recommendations for improving the on-time 
        performance of such routes.
SEC. 226. PLAN FOR RESTORATION OF SERVICE.

    Within 9 months <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Consultation.>> 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.

[[Page 122 STAT. 4935]]

            (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:

[[Page 122 STAT. 4936]]

            ``(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) <<NOTE: Procedures.>> 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 <<NOTE: Regulations. Deadline.>> 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 <<NOTE: Guidance.>> 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

[[Page 122 STAT. 4937]]

        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--

[[Page 122 STAT. 4938]]

                          ``(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--

[[Page 122 STAT. 4939]]

                          ``(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 <<NOTE: Deadline. Notification.>> 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

[[Page 122 STAT. 4940]]

        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--

[[Page 122 STAT. 4941]]

            ``(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 <<NOTE: Waiver 
authority.>> 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;

[[Page 122 STAT. 4942]]

            ``(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) <<NOTE: Payments.>> 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) <<NOTE: Waiver authority.>> 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--

[[Page 122 STAT. 4943]]

            ``(A) <<NOTE: Federal Register, publication.>> publish in 
        the Federal Register a detailed written justification as to why 
        the waiver is needed; and
            ``(B) <<NOTE: Notice.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Applicability.>> 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

[[Page 122 STAT. 4944]]

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;

[[Page 122 STAT. 4945]]

                    ``(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 <<NOTE: Deadlines.>> replacement service.--
                    ``(A) Negotiations.--If <<NOTE: Notice.>> 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 <<NOTE: Notification. Lists.>> 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.

[[Page 122 STAT. 4946]]

            ``(4) Subsequent replacement of service.--
        If <<NOTE: Contracts.>> 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 <<NOTE: Deadlines.>> 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 
ASSISTANCE......................................................24401''.

    (c) Assistance.--In <<NOTE: 49 USC 24405 note.>> 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.

[[Page 122 STAT. 4947]]

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.--

[[Page 122 STAT. 4948]]

                    ``(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:

[[Page 122 STAT. 4949]]

            ``(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 <<NOTE: Notice.>> 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.

[[Page 122 STAT. 4950]]

            ``(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 <<NOTE: Procedures.>> 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.''.

[[Page 122 STAT. 4951]]

    (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. <<NOTE: Maryland.>> TUNNEL PROJECT.

    (a) New <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 24101 note.>> NEXT GENERATION CORRIDOR 
                        TRAIN EQUIPMENT POOL.

    (a) In General.--Within <<NOTE: Deadline. Establishment.>> 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.

[[Page 122 STAT. 4952]]

    (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,

[[Page 122 STAT. 4953]]

        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 <<NOTE: 49 USC 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);

[[Page 122 STAT. 4954]]

            (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 <<NOTE: Effective date.>> 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.''.

[[Page 122 STAT. 4955]]

                   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.

[[Page 122 STAT. 4956]]

``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 <<NOTE: Deadline.>> 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,

[[Page 122 STAT. 4957]]

        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

[[Page 122 STAT. 4958]]

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 <<NOTE: Deadline. Reports.>> 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. <<NOTE: 49 USC 24709 note.>> CROSS-BORDER PASSENGER RAIL 
                        SERVICE.

    (a) Plan.--Not <<NOTE: Deadline.>> 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) <<NOTE: Recommen- dations.>> 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) <<NOTE: Reports.>> submit to Congress a report 
        containing the strategic plan described in paragraph (1) and the 
        recommendations described in paragraph (2).

    (b) Travel <<NOTE: Procedures.>> 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--

[[Page 122 STAT. 4959]]

            (1) <<NOTE: Canada. Deadline.>> 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; <<NOTE: State listing.>> 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 <<NOTE: 49 USC 26101.>> 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

[[Page 122 STAT. 4960]]

            (4) in subsection (c)(2), by striking ``development'' and 
        inserting ``planning''.

    (b) Authorization of Appropriations.--Section <<NOTE: 49 USC 
26104.>> 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--

[[Page 122 STAT. 4961]]

                    ``(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;

[[Page 122 STAT. 4962]]

                                    ``(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

[[Page 122 STAT. 4963]]

        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 <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 26106 note.>> ADDITIONAL HIGH-SPEED RAIL 
                        PROJECTS.

    (a) Solicitation of Proposals.--
            (1) In general.--Not <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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,

[[Page 122 STAT. 4964]]

                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;

[[Page 122 STAT. 4965]]

                    (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 <<NOTE: Deadline.>> 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). <<NOTE: Consultation.>> 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.

[[Page 122 STAT. 4966]]

            (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 <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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.

[[Page 122 STAT. 4967]]

            (2) <<NOTE: Reports.>> 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 <<NOTE: Appropriation authorization.>> 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.

[[Page 122 STAT. 4968]]

  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)  <<NOTE: Grants.>> 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 <<NOTE: Grants.>> 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.

[[Page 122 STAT. 4969]]

    (d) Amendments to Compact.--No <<NOTE: Notification.>> 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 <<NOTE: Deadlines.>> transit authority to 
        provide access to service.--No <<NOTE: Notification.>> 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

[[Page 122 STAT. 4970]]

        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 <<NOTE: Appropriation authorization.>> 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.

    Approved October 16, 2008.

LEGISLATIVE HISTORY--H.R. 2095 (S. 1889):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-336 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 110-270 accompanying S. 1889 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Oct. 17, considered and passed 
                                        House.
                                                        Vol. 154 (2008):
                                    Aug. 1, considered and passed 
                                        Senate, amended.
                                    Sept. 24, House concurred in Senate 
                                        amendment with an amendment 
                                        pursuant to H. Res. 1492.
                                    Oct. 1, Senate concurred in House 
                                        amendment.

                                  <all>
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