PUBLIC LAW 110–432—OCT. 16, 2008 

FEDERAL RAIL SAFETY IMPROVEMENTS 


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122 STAT. 4848 PUBLIC LAW 110–432—OCT. 16, 2008 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

DIVISION A—RAIL SAFETY 

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

49. 

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

Safety Improvement Act of 2008’’. 

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

is as follows: 

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

Sec. 2. Definitions. 

Sec. 3. Authorization of appropriations. 

TITLE I—RAILROAD SAFETY IMPROVEMENTS 

Sec. 101. Federal Railroad Administration officers and duties. 

Sec. 102. Railroad safety strategy. 

Sec. 103. Railroad safety risk reduction program. 

Sec. 104. Implementation of positive train control. 

Sec. 105. Railroad safety technology grants. 

Sec. 106. Reports on statutory mandates and recommendations. 

Sec. 107. Rulemaking process. 

Sec. 108. Hours-of-service reform. 

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

Sec. 110. Pilot projects. 

TITLE II—HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY 

AND TRESPASSER PREVENTION 

Sec. 201. Pedestrian crossing safety. 

Sec. 202. State action plans. 

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

Sec. 204. National crossing inventory. 

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

Sec. 206. Operation Lifesaver. 

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

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

Sec. 209. Accident and incident reporting. 

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

TITLE III—FEDERAL RAILROAD ADMINISTRATION 

Sec. 301. Human capital increases. 

Sec. 302. Civil penalty increases. 

Sec. 303. Enforcement report. 

49 USC 20101 

note. 

Rail Safety 

Improvement Act 

of 2008. 

Oct. 16, 2008 

[H.R. 2095] 


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Sec. 304. Expansion of emergency order authority. 

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

violation of hazardous materials transportation law. 

Sec. 306. Railroad radio monitoring authority. 

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

Sec. 308. Emergency waivers. 

Sec. 309. Enforcement by the Attorney General. 

Sec. 310. Criminal penalties. 

TITLE IV—RAILROAD SAFETY ENHANCEMENTS 

Sec. 401. Minimum training standards and plans. 

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

Sec. 403. Track inspection time study. 

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

Sec. 405. Locomotive cab studies. 

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

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

Sec. 408. Study of repeal of Conrail provision. 

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

Sec. 410. Critical incident stress plan. 

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

Sec. 412. Alcohol and controlled substance testing for maintenance-of-way employees. Sec. 413. Emergency escape breathing apparatus. 

Sec. 414. Tunnel information. 

Sec. 415. Museum locomotive study. 

Sec. 416. Safety inspections in Mexico. 

Sec. 417. Railroad bridge safety assurance. 

Sec. 418. Railroad safety infrastructure improvement grants. 

Sec. 419. Prompt medical attention. 

Sec. 420. Employee sleeping quarters. 

TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE 

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

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

rail passenger accidents. 

Sec. 503. Establishment of task force. 

TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID 

WASTE FACILITIES 

Sec. 601. Short title. 

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

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

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

Sec. 605. Effect on other statutes and authorities. 

TITLE VII—TECHNICAL CORRECTIONS 

Sec. 701. Technical corrections. 

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

provided, whenever in this division an amendment or repeal is 

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

or other provision, the reference shall be considered to be made 

to a section or other provision of title 49, United States Code. 

SEC. 2. DEFINITIONS. 

(a) IN GENERAL.—In this division: 

(1) CROSSING.—The term ‘‘crossing’’ means a location within 

a State, other than a location where one or more railroad 

tracks cross one or more railroad tracks at grade where— 

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

roadway, including associated sidewalks and pathways, 

crosses one or more railroad tracks either at grade or 

grade-separated; or 

(B) a pathway explicitly authorized by a public 

authority or a railroad carrier that is dedicated for the 

49 USC 20102 

note. 


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122 STAT. 4850 PUBLIC LAW 110–432—OCT. 16, 2008 

use of nonvehicular traffic, including pedestrians, bicyclists, 

and others, that is not associated with a public highway, 

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

railroad tracks either at grade or grade-separated. 

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

Department of Transportation. 

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

that term by section 20102 of title 49, United States Code. 

(4) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 

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

United States Code. 

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

of Transportation. 

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

States, the District of Columbia, or the Commonwealth of 

Puerto Rico. 

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

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

(2) and (3), respectively; 

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

following: 

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

railroad’ mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I 

carriers, Class II carriers, and Class III carriers, respectively, 

as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations.’’; and 

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

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

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

211; 

‘‘(B) another operating railroad employee who is not 

subject to chapter 211; 

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

a railroad; 

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

employee as defined in section 5102(3) of this title; 

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

locomotives, passenger cars, or freight cars; and 

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

directly affects railroad safety, as determined by the Secretary.’’. 

SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

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

to read as follows: 

‘‘(a) IN GENERAL.—(1) There are authorized to be appropriated 

to the Secretary of Transportation to carry out this part and to 

carry out responsibilities under chapter 51 as delegated or authorized by the Secretary— 

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

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

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

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

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

‘‘(2) With amounts appropriated pursuant to paragraph (1), 

the Secretary shall purchase Gage Restraint Measurement System 

49 USC 20102. 


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vehicles and track geometry vehicles or other comparable technology 

as needed to assess track safety consistent with the results of 

the track inspection study required by section 403 of the Rail 

Safety Improvement Act of 2008. 

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

$18,000,000 for the period encompassing fiscal years 2009 through 

2013 to design, develop, and construct the Facility for Underground 

Rail Station and Tunnel at the Transportation Technology Center 

in Pueblo, Colorado. The facility shall be used to test and evaluate 

the vulnerabilities of above-ground and underground rail tunnels 

to prevent accidents and incidents in such tunnels, to mitigate 

and remediate the consequences of any such accidents or incidents, 

and to provide a realistic scenario for training emergency 

responders. 

‘‘(4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 

2009 through 2013 shall be made available to the Secretary for 

personnel in regional offices and in Washington, D.C., whose duties 

primarily involve rail security.’’. 

TITLE I—RAILROAD SAFETY 

IMPROVEMENTS 

SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS AND 

DUTIES. 

Section 103 is amended by striking subsections (b) through 

(e) and inserting the following: 

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

the Administration shall consider the assignment and maintenance 

of safety as the highest priority, recognizing the clear intent, 

encouragement, and dedication of Congress to the furtherance of 

the highest degree of safety in railroad transportation. 

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

be the Administrator who shall be appointed by the President, 

by and with the advice and consent of the Senate, and shall be 

an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The 

Administrator shall report directly to the Secretary of Transportation. 

‘‘(e) DEPUTY ADMINISTRATOR.—The Administration shall have 

a Deputy Administrator who shall be appointed by the Secretary. 

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

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

an Associate Administrator for Railroad Safety appointed in the 

career service by the Secretary. The Associate Administrator shall 

be the Chief Safety Officer of the Administration. The Associate 

Administrator shall carry out the duties and powers prescribed 

by the Administrator. 

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

Administrator shall carry out— 

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

in the Secretary by section 20134(c) and chapters 203 through 

211 of this title, and by chapter 213 of this title for carrying 

out chapters 203 through 211; 

President. 

49 USC 103. 


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

development under subsection (j); and 

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

‘‘(h) LIMITATION.—A duty or power specified in subsection (g)(1) 

may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically 

provided by law. A decision of the Administrator in carrying out 

the duties or powers of the Administration and involving notice 

and hearing required by law is administratively final. 

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

title 40 and title III of the Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of 

Transportation may make, enter into, and perform such contracts, 

grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and 

local governments) and private organizations and persons, and 

make such payments, by way of advance or reimbursement, as 

the Secretary may determine to be necessary or appropriate to 

carry out functions at the Administration. The authority of the 

Secretary granted by this subsection shall be carried out by the 

Administrator. Notwithstanding any other provision of this chapter, 

no authority to enter into contracts or to make payments under 

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

SEC. 102. RAILROAD SAFETY STRATEGY. 

(a) SAFETY GOALS.—In conjunction with existing federallyrequired 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 longterm 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 

Plan. 

49 USC 20101 

note. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 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: 

‘‘§ 20156. Railroad safety risk reduction program 

‘‘(a) IN GENERAL.— 

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

the date of enactment of the Rail Safety Improvement Act 

of 2008, the Secretary of Transportation, by regulation, shall 

require each railroad carrier that is a Class I railroad, a railroad 

carrier that has inadequate safety performance (as determined 

by the Secretary), or a railroad carrier that provides intercity 

rail passenger or commuter rail passenger transportation— 

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

under subsection (d) that systematically evaluates railroad 

safety risks on its system and manages those risks in 

order to reduce the numbers and rates of railroad accidents, 

incidents, injuries, and fatalities; 

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

plans, to the Secretary for review and approval; and 

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

by the Secretary. 

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

programs, before promulgating regulations under this subsection and thereafter. The Secretary shall use any information 

and experience gathered through such research and pilot programs under this subsection in developing regulations under 

this section. 

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

and approve or disapprove railroad safety risk reduction program plans within a reasonable period of time. If the proposed 

plan is not approved, the Secretary shall notify the affected 

Notification. 

Deadline. 

Regulations. 

Deadline. 


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railroad carrier as to the specific areas in which the proposed 

plan is deficient, and the railroad carrier shall correct all deficiencies within a reasonable period of time following receipt 

of written notice from the Secretary. The Secretary shall 

annually conduct a review to ensure that the railroad carriers 

are complying with their plans. 

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

not required to submit a railroad safety risk reduction program 

under this section may voluntarily submit a program that meets 

the requirements of this section to the Secretary. The Secretary 

shall approve or disapprove any program submitted under this 

paragraph. 

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

of each railroad carrier required to submit a railroad safety risk 

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

will implement the contents of the program as approved by the 

Secretary. 

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

reduction program each railroad carrier required to submit such 

a program pursuant to subsection (a) shall identify and analyze 

the aspects of its railroad, including operating rules and practices, 

infrastructure, equipment, employee levels and schedules, safety 

culture, management structure, employee training, and other matters, including those not covered by railroad safety regulations 

or other Federal regulations, that impact railroad safety. 

‘‘(d) PROGRAM ELEMENTS.— 

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

a railroad safety risk reduction program under subsection (a) 

shall develop a comprehensive safety risk reduction program 

to improve safety by reducing the number and rates of 

accidents, incidents, injuries, and fatalities that is based on 

the risk analysis required by subsection (c) through— 

‘‘(A) the mitigation of aspects that increase risks to 

railroad safety; and 

‘‘(B) the enhancement of aspects that decrease risks 

to railroad safety. 

‘‘(2) REQUIRED COMPONENTS.—Each railroad carrier’s safety 

risk reduction program shall include a risk mitigation plan 

in accordance with this section, a technology implementation 

plan that meets the requirements of subsection (e), and a 

fatigue management plan that meets the requirements of subsection (f). 

‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.— 

‘‘(1) IN GENERAL.—As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad 

safety risk reduction program under subsection (a) shall 

develop, and periodically update as necessary, a 10-year technology implementation plan that describes the railroad carrier’s 

plan for development, adoption, implementation, maintenance, 

and use of current, new, or novel technologies on its system 

over a 10-year period to reduce safety risks identified under 

the railroad safety risk reduction program. Any updates to 

the plan are subject to review and approval by the Secretary. 

‘‘(2) TECHNOLOGY ANALYSIS.—A railroad carrier’s technology implementation plan shall include an analysis of the 

safety impact, feasibility, and cost and benefits of implementing 

Deadline. 


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technologies, including processor-based technologies, positive 

train control systems (as defined in section 20157(i)), electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position monitors 

and indicators, trespasser prevention technology, highway-rail 

grade crossing technology, and other new or novel railroad 

safety technology, as appropriate, that may mitigate risks to 

railroad safety identified in the risk analysis required by subsection (c). 

‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad carrier’s technology implementation plan shall contain a prioritized 

implementation schedule for the development, adoption, 

implementation, and use of current, new, or novel technologies 

on its system to reduce safety risks identified under the railroad 

safety risk reduction program. 

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

of positive train control systems), the Secretary shall ensure 

that— 

‘‘(A) each railroad carrier’s technology implementation 

plan required under paragraph (1) that includes a schedule 

for implementation of a positive train control system complies with that schedule; and 

‘‘(B) each railroad carrier required to submit such a 

plan implements a positive train control system pursuant 

to such plan by December 31, 2018. 

‘‘(f) FATIGUE MANAGEMENT PLAN.— 

‘‘(1) IN GENERAL.—As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad 

safety risk reduction program under subsection (a) shall develop 

and update at least once every 2 years a fatigue management 

plan that is designed to reduce the fatigue experienced by 

safety-related railroad employees and to reduce the likelihood 

of accidents, incidents, injuries, and fatalities caused by fatigue. 

Any such update shall be subject to review and approval by 

the Secretary. 

‘‘(2) TARGETED FATIGUE COUNTERMEASURES.—A railroad 

carrier’s fatigue management plan shall take into account the 

varying circumstances of operations by the railroad on different 

parts of its system, and shall prescribe appropriate fatigue 

countermeasures to address those varying circumstances. 

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

need to include in its fatigue management plan elements 

addressing each of the following items, as applicable: 

‘‘(A) Employee education and training on the physiological and human factors that affect fatigue, as well as 

strategies to reduce or mitigate the effects of fatigue, based 

on the most current scientific and medical research and 

literature. 

‘‘(B) Opportunities for identification, diagnosis, and 

treatment of any medical condition that may affect alertness or fatigue, including sleep disorders. 

‘‘(C) Effects on employee fatigue of an employee’s shortterm or sustained response to emergency situations, such 

as derailments and natural disasters, or engagement in 

other intensive working conditions. 

Deadline. 

Deadline. 


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‘‘(D) Scheduling practices for employees, including 

innovative scheduling practices, on-duty call practices, 

work and rest cycles, increased consecutive days off for 

employees, changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects 

of employee scheduling that would reduce employee fatigue 

and cumulative sleep loss. 

‘‘(E) Methods to minimize accidents and incidents that 

occur as a result of working at times when scientific and 

medical research have shown increased fatigue disrupts 

employees’ circadian rhythm. 

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

to address acute drowsiness and fatigue while an employee 

is on duty. 

‘‘(G) Opportunities to obtain restful sleep at lodging 

facilities, including employee sleeping quarters provided 

by the railroad carrier. 

‘‘(H) The increase of the number of consecutive hours 

of off-duty rest, during which an employee receives no 

communication from the employing railroad carrier or its 

managers, supervisors, officers, or agents. 

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

employees. 

‘‘(J) Additional elements that the Secretary considers 

appropriate. 

‘‘(g) CONSENSUS.— 

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

a railroad safety risk reduction program under subsection (a) 

shall consult with, employ good faith and use its best efforts 

to reach agreement with, all of its directly affected employees, 

including any non-profit employee labor organization representing a class or craft of directly affected employees of 

the railroad carrier, on the contents of the safety risk reduction 

program. 

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

affected employees, including any nonprofit employee labor 

organization representing a class or craft of directly affected 

employees of the railroad carrier, cannot reach consensus on 

the proposed contents of the plan, then directly affected 

employees and such organization may file a statement with 

the Secretary explaining their views on the plan on which 

consensus was not reached. The Secretary shall consider such 

views during review and approval of the program. 

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

to assess civil penalties pursuant to chapter 213 for a violation 

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

with a safety risk reduction program, risk mitigation plan, technology implementation plan, or fatigue management plan.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201 is amended by inserting after the item relating to 

section 20155 the following: 

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

SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL. 

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

by section 103 of this division, is further amended by adding at 

the end thereof the following: 

Consultation. 


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‘‘§ 20157. Implementation of positive train control systems 

‘‘(a) IN GENERAL.— 

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

date of enactment of the Rail Safety Improvement Act of 2008, 

each Class I railroad carrier and each entity providing regularly 

scheduled intercity or commuter rail passenger transportation 

shall develop and submit to the Secretary of Transportation 

a plan for implementing a positive train control system by 

December 31, 2015, governing operations on— 

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

transportation or commuter rail passenger transportation, 

as defined in section 24102, is regularly provided; 

‘‘(B) its main line over which poison- or toxic-by-inhalation hazardous materials, as defined in parts 171.8, 

173.115, and 173.132 of title 49, Code of Federal Regulations, are transported; and 

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

by regulation or order. 

‘‘(2) IMPLEMENTATION.—The plan shall describe how it will 

provide for interoperability of the system with movements of 

trains of other railroad carriers over its lines and shall, to 

the extent practical, implement the system in a manner that 

addresses areas of greater risk before areas of lesser risk. 

The railroad carrier shall implement a positive train control 

system in accordance with the plan. 

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

the plans required under subsection (a). 

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

Secretary receives a plan, the Secretary shall review and approve 

or disapprove it. If the proposed plan is not approved, the Secretary 

shall notify the affected railroad carrier or other entity as to the 

specific areas in which the proposed plan is deficient, and the 

railroad carrier or other entity shall correct all deficiencies within 

30 days following receipt of written notice from the Secretary. 

The Secretary shall annually conduct a review to ensure that the 

railroad carriers are complying with their plans. 

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

shall transmit a report to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate on the 

progress of the railroad carriers in implementing such positive 

train control systems. 

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

penalties pursuant to chapter 213 for a violation of this section, 

including the failure to submit or comply with a plan for implementing positive train control under subsection (a). 

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

restricts the discretion of the Secretary to require railroad carriers 

other than those specified in subsection (a) to implement a positive 

train control system pursuant to this section or section 20156, 

or to specify the period by which implementation shall occur that 

does not exceed the time limits established in this section or section 

20156. In exercising such discretion, the Secretary shall, at a minimum, consider the risk to railroad employees and the public associated with the operations of the railroad carrier. 

Notification. 

Deadlines. 

Deadlines. 


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122 STAT. 4858 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(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 trainto-train collisions, over-speed derailments, incursions into 

established work zone limits, and the movement of a train 

through a switch left in the wrong position.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

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

by inserting after the item relating to section 20156 the following: 

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

SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS. 

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

by section 104 of this division, is further amended by adding at 

the end thereof the following: 

‘‘§ 20158. Railroad safety technology grants 

‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall 

establish a grant program for the deployment of 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 


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in subsection (a) that have a public benefit of improved safety 

and network efficiency. 

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

that— 

‘‘(A) focus on making technologies interoperable 

between railroad systems, such as train control technologies; 

‘‘(B) accelerate train control technology deployment on 

high-risk corridors, such as those that have high volumes 

of hazardous materials shipments or over which commuter 

or passenger trains operate; or 

‘‘(C) benefit both passenger and freight safety and efficiency. 

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

under this section to entities that fail to develop and submit 

to the Secretary the plans required by sections 20156(e)(2) 

and 20157. 

‘‘(4) MATCHING REQUIREMENTS.—Federal funds for any 

eligible project under this section shall not exceed 80 percent 

of the total cost of such project. 

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

to be appropriated to the Secretary of Transportation $50,000,000 

for each of fiscal years 2009 through 2013 to carry out this section. 

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

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201, as amended by section 104 of this division, is further 

amended by inserting after the item relating to section 20157 the 

following: 

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

SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS. 

Not later than December 31, 2008, and annually thereafter, 

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

Senate Committee on Commerce, Science, and Transportation on 

the specific actions taken to implement unmet statutory mandates 

regarding railroad safety and each open railroad safety recommendation made by the National Transportation Safety Board 

or the Department’s Inspector General. 

SEC. 107. RULEMAKING PROCESS. 

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

inserting after section 20115 the following new section: 

‘‘§ 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.’’. 

49 USC 20101 

note. 


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122 STAT. 4860 PUBLIC LAW 110–432—OCT. 16, 2008 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201 is amended by inserting after the item relating to 

section 20115 the following: 

‘‘20116. Rulemaking process.’’. 

SEC. 108. HOURS-OF-SERVICE REFORM. 

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

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

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

21103 is amended— 

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

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

section, a railroad carrier and its officers and agents may not 

require or allow a train employee to— 

‘‘(1) remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment 

to the place of final release, or be in any other mandatory 

service for the carrier in any calendar month where the 

employee has spent a total of 276 hours— 

‘‘(A) on duty; 

‘‘(B) waiting for deadhead transportation, or in 

deadhead transportation from a duty assignment to the 

place of final release; or 

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

‘‘(2) remain or go on duty for a period in excess of 12 

consecutive hours; 

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

at least 10 consecutive hours off duty during the prior 24 

hours; or 

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

an on-duty period each day for— 

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

at least 48 consecutive hours off duty at the employee’s 

home terminal during which time the employee is unavailable for any service for any railroad carrier except that— 

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

day if that employee completed his or her final period 

of on-duty time on his or her sixth consecutive day 

at a terminal other than his or her home terminal; 

and 

‘‘(ii) any employee who works a seventh consecutive 

day pursuant to subparagraph (i) shall have at least 

72 consecutive hours off duty at the employee’s home 

terminal during which time the employee is unavailable for any service for any railroad carrier; or 

‘‘(B) except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee’s home terminal during 

which time the employee is unavailable for any service 

for any railroad carrier, if— 

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

of enactment of the Rail Safety Improvement Act of 

2008, an existing collective bargaining agreement 

expressly provides for such a schedule or, following 

the expiration of 18 months after the date of enactment 

of the Rail Safety Improvement Act of 2008, collective 

49 USC 21101. 


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bargaining agreements entered into during such period 

expressly provide for such a schedule; 

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

program authorized by a collective bargaining agreement; or 

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

program under section 21108 of this chapter related 

to employees’ work and rest cycles. 

The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement 

is in the public interest and consistent with railroad safety.’’; 

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

inserting after subsection (b) the following: 

‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST REQUIREMENT.— 

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

employee— 

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

spent— 

‘‘(i) waiting for deadhead transportation; or 

‘‘(ii) in deadhead transportation from a duty 

assignment to the place of final release, 

following a period of 12 consecutive hours on duty that 

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

interim rest periods, during the period from the date of 

enactment of the Rail Safety Improvement Act of 2008 

to one year after such date of enactment; and 

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

spent— 

‘‘(i) waiting for deadhead transportation; or 

‘‘(ii) in deadhead transportation from a duty 

assignment to the place of final release, 

following a period of 12 consecutive hours on duty that 

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

interim rest periods, during the period beginning one year 

after the date of enactment of the Rail Safety Improvement 

Act of 2008 except that the Secretary may further limit 

the monthly limitation pursuant to regulations prescribed 

under section 21109. 

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

the train carrying the employee is directly delayed by— 

‘‘(A) a casualty; 

‘‘(B) an accident; 

‘‘(C) an act of God; 

‘‘(D) a derailment; 

‘‘(E) a major equipment failure that prevents the train 

from advancing; or 

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

unforeseeable to a railroad carrier or its officer or agent 

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

‘‘(3) Each railroad carrier shall report to the Secretary, 

in accordance with procedures established by the Secretary, 

each instance where an employee subject to this section spends 

time waiting for deadhead transportation or in deadhead 

Reports. 

Procedures. 

Applicability. 

Waiver authority. 


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transportation from a duty assignment to the place of final 

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

‘‘(4) If— 

‘‘(A) the time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is not time on 

duty, plus 

‘‘(B) the time on duty, 

exceeds 12 consecutive hours, the railroad carrier and its officers and agents shall provide the employee with additional 

time off duty equal to the number of hours by which such 

sum exceeds 12 hours.’’; and 

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

‘‘(e) COMMUNICATION DURING TIME OFF DUTY.—During a train 

employee’s minimum off-duty period of 10 consecutive hours, as 

provided under subsection (a) or during an interim period of at 

least 4 consecutive hours available for rest under subsection (b)(7) 

or during additional off-duty hours under subsection (c)(4), a railroad carrier, and its officers and agents, shall not communicate 

with the train employee by telephone, by pager, or in any other 

manner that could reasonably be expected to disrupt the employee’s 

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

by the Secretary. The Secretary may waive the requirements of 

this paragraph for commuter or intercity passenger railroads if 

the Secretary determines that such a waiver will not reduce safety 

and is necessary to maintain such railroads’ efficient operations 

and on-time performance of its trains.’’. 

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

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

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

section, a railroad carrier and its officers and agents may not 

require or allow its signal employees to remain or go on duty 

and a contractor or subcontractor to a railroad carrier and its 

officers and agents may not require or allow its signal employees 

to remain or go on duty — 

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

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

hours off duty during the prior 24 hours.’’; 

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

time spent returning from the final trouble call of a period 

of continuous or broken service is time off duty.’’ in subsection 

(b)(3) and inserting ‘‘duty.’’; 

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

to remain or go on duty under the emergency authority provided 

under this subsection to conduct routine repairs, routine 

maintenance, or routine inspection of signal systems.’’ after 

‘‘service.’’ in subsection (c); and 

(4) by adding at the end the following: 

‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal 

employee’s minimum off-duty period of 10 consecutive hours, as 

provided under subsection (a), a railroad carrier or a contractor 

or subcontractor to a railroad carrier, and its officers and agents, 

shall not communicate with the signal employee by telephone, by 

pager, or in any other manner that could reasonably be expected 

to disrupt the employee’s rest. Nothing in this subsection shall 

49 USC 21104. 

Waiver authority. 


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prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary. 

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

periods of signal employees shall be governed exclusively by this 

chapter. Signal employees operating motor vehicles shall not be 

subject to any hours of service rules, duty hours or rest period 

rules promulgated by any Federal authority, including the Federal 

Motor Carrier Safety Administration, other than the Federal Railroad Administration.’’. 

(d) ALTERNATE HOURS OF SERVICE REGIME.— 

(1) APPLICATION OF HOURS OF SERVICE REGIME.—Section 

21102 is amended— 

(A) by striking the section caption and inserting the 

following: 

‘‘§ 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. 

49 USC 21102. 


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‘‘(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: 

‘‘§ 21109. Regulatory authority 

‘‘(a) IN GENERAL.—In order to improve safety and reduce 

employee fatigue, the Secretary may prescribe regulations— 

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

required or allowed to go or remain on duty to a level less 

than the level established under this chapter; 

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

required or allowed to rest to a level greater than the level 

established under this chapter; 

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

spends waiting for deadhead transportation or in deadhead 

transportation from a duty assignment to the place of final 

release that is considered neither on duty nor off duty under 

this chapter; 

‘‘(4) for signal employees— 

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

is considered to be neither on duty nor off duty under 

this chapter that an employee spends returning from an 

outlying worksite after scheduled duty hours or returning 

from a trouble call to the employee’s headquarters or 

directly to the employee’s residence; and 

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

a release period, that does not break the continuity of 

service and is considered time off duty; and 

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

scheduling practices, including unscheduled duty calls, that 

could affect employee fatigue and railroad safety. 

‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN

EMPLOYEES OF COMMUTER AND INTERCITY PASSENGER RAILROAD

CARRIERS.—Within 3 years after the date of enactment of the Rail 

Safety Improvement Act of 2008, the Secretary shall prescribe regulations and issue orders to establish hours of service requirements 

for train employees engaged in commuter rail passenger transportation and intercity rail passenger transportation (as defined in 

section 24102 of this title) that may differ from the requirements 

of this chapter. Such regulations and orders may address railroad 

operating and scheduling practices, including unscheduled duty 

calls, communications during time off duty, and time spent waiting 

for deadhead transportation or in deadhead transportation from 

a duty assignment to the place of final release, that could affect 

employee fatigue and railroad safety. 

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

(a) the Secretary shall consider scientific and medical research 

related to fatigue and fatigue abatement, railroad scheduling and 

operating practices that improve safety or reduce employee fatigue, 

Deadline. 

Orders. 


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a railroad’s use of new or novel technology intended to reduce 

or eliminate human error, the variations in freight and passenger 

railroad scheduling practices and operating conditions, the variations in duties and operating conditions for employees subject 

to this chapter, a railroad’s required or voluntary use of fatigue 

management plans covering employees subject to this chapter, and 

any other relevant factors. 

‘‘(d) TIME LIMITS.— 

‘‘(1) If the Secretary determines that regulations are necessary under subsection (a), the Secretary shall first request 

that the Railroad Safety Advisory Committee develop proposed 

regulations and, if the Committee accepts the task, provide 

the Committee with a reasonable time period in which to complete the task. 

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

Advisory Committee accept the task of developing regulations 

under subsection (b) and the Committee accepts the task, the 

Committee shall reach consensus on the rulemaking within 

18 months after accepting the task. If the Committee does 

not reach consensus within 18 months after the Secretary 

makes the request, the Secretary shall prescribe appropriate 

regulations within 18 months. 

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

Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary shall prescribe regulations within 3 years after the date of enactment of the Rail 

Safety Improvement Act of 2008. 

‘‘(e) PILOT PROJECTS.— 

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

of enactment of the Rail Safety Improvement Act of 2008, 

the Secretary shall conduct at least 2 pilot projects of sufficient 

size and scope to analyze specific practices which may be used 

to reduce fatigue for train and engine and other railroad 

employees as follows: 

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

to evaluate the efficacy of communicating to employees 

notice of their assigned shift time 10 hours prior to the 

beginning of their assigned shift as a method for reducing 

employee fatigue. 

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

to evaluate the efficacy of requiring railroads who use 

employee scheduling practices that subject employees to 

periods of unscheduled duty calls to assign employees to 

defined or specific unscheduled call shifts that are followed 

by shifts not subject to call, as a method for reducing 

employee fatigue. 

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

requirements of this section, if necessary, to complete a pilot 

project under this subsection. 

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

means a telephone call that a railroad places to an employee to 

notify the employee of his or her assigned shift time.’’. 

(2) CONFORMING AMENDMENTS.— (A) The chapter analysis for chapter 211 is amended 

by adding at the end thereof the following: 

‘‘21109. Regulatory authority.’’. 

Deadline. 

Regulations. 

Deadline. 

Regulations. 

Deadline. 

Deadline. 


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

by inserting ‘‘including section 21103 (as such section was 

in effect on the day before the date of enactment of the 

Rail Safety Improvement Act of 2008),’’ after ‘‘this title,’’ 

the second place it appears. 

(f) RECORD KEEPING AND REPORTING.— (1) REGULATIONS.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall prescribe a regulation revising the requirements for recordkeeping and reporting 

for Hours of Service of Railroad Employees contained in part 

228 of title 49, Code of Federal Regulations— 

(A) to adjust record keeping and reporting requirements to support compliance with chapter 211 of title 49, 

United States Code, as amended by this Act; 

(B) to authorize electronic record keeping, and 

reporting of excess service, consistent with appropriate 

considerations for user interface; and 

(C) to require training of affected employees and supervisors, including training of employees in the entry of hours 

of service data. 

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

rulemaking as contemplated by section 553 of title 5, United 

States Code, the Secretary may utilize the Railroad Safety 

Advisory Committee to assist in development of the regulation. 

The Secretary may propose and adopt amendments to the 

revised regulations thereafter as may be necessary in light 

of experience under the revised requirements. 

(g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIMITATION

CHANGES.—The amendments made by subsections (a), (b), and (c) 

shall take effect 9 months after the date of enactment of this 

Act. 

SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES 

INFORMATION. 

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

adding at the end thereof the following: 

‘‘§ 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 

Effective date. 

49 USC 21101 

note. 

49 USC 21101 

note. 

49 USC 21303. 


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Secretary determines that disclosure would be consistent with the 

confidentiality needed for that safety risk reduction program or 

pilot program. 

‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.—The Secretary may prohibit the public disclosure of risk analyses or risk 

mitigation analyses that the Secretary has obtained under other 

provisions of, or regulations or orders under, this chapter if the 

Secretary determines that the prohibition of public disclosure is 

necessary to promote railroad safety. 

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

‘‘(a) STUDY.—The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest, 

including public safety and the legal rights of persons injured 

in railroad accidents, to withhold from discovery or admission into 

evidence in a Federal or State court proceeding for damages 

involving personal injury or wrongful death against a carrier any 

report, survey, schedule, list, or data compiled or collected for 

the purpose of evaluating, planning, or implementing a railroad 

safety risk reduction program required under this chapter, including 

a railroad carrier’s analysis of its safety risks and its statement 

of the mitigation measures with which it will address those risks. 

In conducting this study, the Secretary shall solicit input from 

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

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

under subsection (a), the Secretary, if in the public interest, 

including public safety and the legal rights of persons injured 

in railroad accidents, may prescribe a rule subject to notice and 

comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until 

1 year after its adoption.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201 is amended by inserting after the item relating to 

section 20117 the following: 

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

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

SEC. 110. PILOT PROJECTS. 

Section 21108 is amended to read as follows: 

‘‘§ 21108. Pilot projects 

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

Safety Improvement Act of 2008, a railroad carrier or railroad 

carriers and all nonprofit employee labor organizations representing 

any class or craft of directly affected covered service employees 

of the railroad carrier or railroad 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 

49 USC 21108. 

Effective date. 


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requirements concerning maximum on-duty and minimum off-duty 

periods. 

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

and opportunity for comment, approve such waivers described in 

subsection (a) for a period not to exceed two years, if the Secretary 

determines that such a waiver of compliance is in the public interest 

and is consistent with railroad safety. 

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

may be extended for additional periods of up to two years, after 

notice and opportunity for comment. An explanation of any waiver 

granted under this section shall be published in the Federal Register. 

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

to the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure 

of the House of Representatives, no later than December 31, 2012, 

or, if no projects are completed prior to December 31, 2012, no 

later than 6 months after the completion of a pilot project, a 

report that— 

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

project established pursuant to a waiver granted under subsection (a); 

‘‘(2) describes the status of all other waivers granted under 

subsection (a) and their related pilot projects, if any; and 

‘‘(3) recommends any appropriate legislative changes to 

this chapter. 

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

affected covered service employees’ means covered service employees 

to whose hours of service the terms of the waiver petitioned for 

specifically apply.’’. 

TITLE II—HIGHWAY-RAIL GRADE 

CROSSING AND PEDESTRIAN SAFETY 

AND TRESPASSER PREVENTION 

SEC. 201. PEDESTRIAN CROSSING SAFETY. 

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

Act, the Secretary shall provide guidance to railroads on strategies 

and methods to prevent pedestrian accidents, incidents, injuries, 

and fatalities at or near passenger stations, including— 

(1) providing audible warning of approaching trains to the 

pedestrians at railroad passenger stations; 

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

pedestrians of approaching trains; 

(3) installing infrastructure at pedestrian crossings to 

improve the safety of pedestrians crossing railroad tracks; 

(4) installing fences to prohibit access to railroad tracks; 

and 

(5) other strategies or methods as determined by the Secretary. 

SEC. 202. STATE ACTION PLANS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall identify the 10 States that 

Deadline. 

49 USC 22501 

note. 

Deadline. 

Guidance. 

49 USC 20134 

note. 

Federal Register, 

publication. 

Notice. 


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have had the most highway-rail grade crossing collisions, on average, over the past 3 years and require those States to develop 

a State grade crossing action plan within a reasonable period of 

time, as determined by the Secretary. The plan shall identify specific 

solutions for improving safety at crossings, including highway-rail 

grade crossing closures or grade separations, and shall focus on 

crossings that have experienced multiple accidents or are at high 

risk for such accidents. The Secretary shall provide assistance to 

the States in developing and carrying out, as appropriate, the 

plan. The plan may be coordinated with other State or Federal 

planning requirements and shall cover a period of time determined 

to be appropriate by the Secretary. The Secretary may condition 

the awarding of any grants under section 20158, 20167, or 22501 

of title 49, United States Code, to a State identified under this 

section on the development of such State’s plan. 

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

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

review and approve or disapprove it. If the proposed plan is disapproved, the Secretary shall notify the affected State as to the 

specific areas in which the proposed plan is deficient, and the 

State shall correct all deficiencies within 30 days following receipt 

of written notice from the Secretary. 

SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL 

GRADE CROSSINGS. 

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

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

after section 20158 the following: 

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

crossings 

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

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

consultation with the Federal Railroad Administration, the Federal 

Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by 

addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at 

highway-rail grade crossings that are equipped solely with passive 

warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

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

by inserting after the item relating to section 20158 the following 

new item: 

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

SEC. 204. NATIONAL CROSSING INVENTORY. 

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

by section 203 of this division, is further amended by adding at 

the end the following new section: 

‘‘§ 20160. National crossing inventory 

‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY

UNREPORTED CROSSINGS.—Not later than 1 year after the date 

of enactment of the Rail Safety Improvement Act of 2008 or 6 

Deadlines. 

Deadline. 

Notification. 

Deadline. 

Deadline. 


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months after a new crossing becomes operational, whichever occurs 

later, each railroad carrier shall— 

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

information, including information about warning devices and 

signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates or with 

respect to the trackage over which it operates; or 

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

Secretary by another railroad carrier that operates through 

the crossing. 

‘‘(b) UPDATING OF CROSSING INFORMATION.— 

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

after the date of enactment of the Rail Safety Improvement 

Act of 2008 and on or before September 30 of every year 

thereafter, or as otherwise specified by the Secretary, each 

railroad carrier shall— 

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

information about warning devices and signage, as specified 

by the Secretary, concerning each crossing through which it 

operates or with respect to the trackage over which it operates; 

or 

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

Secretary by another railroad carrier that operates through 

the crossing. 

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

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

Improvement Act of 2008 shall, not later than the date that is 

18 months after the date of enactment of that Act or 3 months 

after the sale, whichever occurs later, or as otherwise specified 

by the Secretary, report to the Secretary current information, as 

specified by the Secretary, concerning the change in ownership 

of the crossing or part of the crossing. 

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

the regulations necessary to implement this section. The Secretary 

may enforce each provision of the Department of Transportation’s 

statement of the national highway-rail crossing inventory policy, 

procedures, and instruction for States and railroads that is in 

effect on the date of enactment of the Rail Safety Improvement 

Act of 2008, until such provision is superseded by a regulation 

issued under this section. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) CROSSING.—The term ‘crossing’ means a location within 

a State, other than a location where one or more railroad 

tracks cross one or more railroad tracks either at grade or 

grade-separated, where— 

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

roadway, including associated sidewalks and pathways, 

crosses one or more railroad tracks either at grade or 

grade-separated; or 

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

authority or a railroad carrier that is dedicated for the 

use of nonvehicular traffic, including pedestrians, bicyclists, 

and others, that is not associated with a public highway, 

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

railroad tracks either at grade or grade-separated. 

Regulations. 

Deadlines. 

Deadlines. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 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 gradeseparated, where— 

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

associated sidewalks and pathways, crosses one or 

more railroad tracks either at grade or grade-separated; or 

‘‘(ii) a publicly owned pathway explicitly authorized 

by a public authority or a railroad carrier and dedicated 

for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated 

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

roadway, crosses one or more railroad tracks either 

at grade or grade-separated; and 

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

District of Columbia, or Puerto Rico.’’. 

(d) CIVIL PENALTIES.— 

(1) Section 21301(a)(1) is amended— 49 USC 21301. 

Regulations. 


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

in the first sentence; and 

(B) by inserting ‘‘section 20160 of this title or’’ after 

‘‘violating’’ in the second sentence. 

(2) Section 21301(a)(2) is amended by inserting ‘‘The Secretary shall impose a civil penalty for a violation of section 

20160 of this title.’’ after the first sentence. 

SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS. 

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

‘‘§ 20152. Notification of grade crossing problems 

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

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

Secretary of Transportation shall require each railroad carrier to— 

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

for rights-of-way over which it dispatches trains, to directly 

receive calls reporting— 

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

devices to promote safety at the grade 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 rightsof-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.’’. 

49 USC 21301. 


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(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201 is amended by striking the item relating to section 

20152 and inserting the following: 

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

SEC. 206. OPERATION LIFESAVER. 

(a) GRANT.—The Federal Railroad Administration shall make 

a grant or grants to Operation Lifesaver to carry out a public 

information and education program to help prevent and reduce 

pedestrian, motor vehicle, and other accidents, incidents, injuries, 

and fatalities, and to improve awareness along railroad rightsof-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. 

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

‘‘The Secretary of Transportation shall make grants— 

49 USC 22501 

note. 


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‘‘(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. 

‘‘§ 22502. Distribution 

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

or agencies responsible for highway-rail grade crossing safety. 

‘‘§ 22503. Standards for awarding grants 

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

grants under section 22501(1) based upon the merits of the proposed 

program of activities provided by the State and upon a determination of where the grants will provide the greatest safety benefits. 

The Secretary may give priority to States that have developed 

and implemented a State grade crossing action plan, as described 

under section 202 of the Rail Safety Improvement Act of 2008. 

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

grants to State and local governments under section 22501(2) to 

provide priority grade crossing safety improvements on an expedited 

basis at a location where there has been a highway-rail grade 

crossing collision within the previous two years involving major 

loss of life or multiple serious bodily injuries. 

‘‘§ 22504. Use of funds 

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

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

to measure the effectiveness of a dedicated program of public education and enforcement of highway-rail crossing safety laws and 

to prevent casualties along railroad rights-of-way. The Secretary 

may not make a grant under this chapter available to assist a 

State or political subdivision thereof in establishing or continuing 

a quiet zone pursuant to part 222 of title 49, Code of Federal 

Regulations. 

‘‘(b) MAXIMUM GRANT AMOUNT UNDER SECTION 22501(2).—No 

grant awarded under section 22501(2) may exceed $250,000. 

‘‘§ 22505. Authorization of appropriations 

‘‘There are authorized to be appropriated to the Secretary 

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

out the provisions of section 22501(1) of this chapter. There are 

authorized to be appropriated to the Secretary $1,500,000 for each 

of fiscal years 2010 through 2013 to carry out the provisions of 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 is amended— 

(1) by striking the section heading and inserting the following: 

‘‘§ 20151. Railroad trespassing, vandalism, and highway-rail 

grade crossing warning sign violation prevention 

strategy’’; 

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

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

affected parties, the Secretary of Transportation shall evaluate and 

review current local, State, and Federal laws regarding trespassing 

on railroad property, vandalism affecting railroad safety, and violations of highway-rail grade crossing signs, signals, markings, or 

other warning devices and develop model prevention strategies 

and enforcement laws to be used for the consideration of State 

and local legislatures and governmental entities. The first such 

evaluation and review shall be completed within 1 year after the 

date of enactment of the Rail Safety Improvement Act of 2008. 

The Secretary shall revise the model prevention strategies and 

enforcement codes periodically.’’; 

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

(4) in subsection (c)— 

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

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

’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) Not later than 18 months after the date of enactment 

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

consultation with State and local governments and railroad carriers, 

shall develop and make available to State and local governments 

model State legislation providing for civil or criminal penalties, 

or both, for violations of highway-rail grade crossing signs, signals, 

markings, or other warning devices.’’; and 

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

‘‘(d) DEFINITION.—In this section, the term ‘violation of highway-rail grade crossing signs, signals, markings, or other warning 

devices’ includes any action by a motorist, unless directed by an 

authorized safety officer— 

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

intended to block passage over railroad tracks; 

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

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

signs without ensuring that the grade crossing could be safely 

crossed before any train arrived; and 

Deadline. 

Deadline. 

49 USC 20151. 


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

hazard of an accident involving injury or property damage 

at the grade crossing.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201 is amended by striking the item relating to section 

20151 and inserting the following: 

‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning 

sign violation prevention strategy.’’. 

(c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS FOR DISTRIBUTION.—Section 20134(a) is amended by adding at the end the following: ‘‘The Secretary may purchase items of nominal value and 

distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this 

section and of any other sections of this title related to improving 

the safety of highway-rail crossings and to preventing trespass 

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

SEC. 209. ACCIDENT AND INCIDENT REPORTING. 

The Federal Railroad Administration shall conduct an audit 

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

an audit of each non-Class I railroad at least once every 5 years 

to ensure that all grade crossing collisions and fatalities are 

reported to any Federal national accident database. 

SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO 

IMPROVE SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS. 

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

by section 204 of this division, is further amended by adding at 

the end the following: 

‘‘§ 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. 

Audits. 

49 USC 20901 

note. 

Guidelines. 


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‘‘(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 highwayrail 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; 


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(3) to administer and implement section 20156 of title 

49, United States Code, relating to the Railroad Safety Risk 

Reduction Program; 

(4) to conduct routine inspections and audits of railroad 

and hazardous materials facilities and records for compliance 

with railroad safety laws and regulations; 

(5) to inspect railroad bridges, tunnels, and related infrastructure, and to review or analyze railroad bridge, tunnel, 

and related infrastructure inspection reports; 

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

situations or events involving rail infrastructure or employees; 

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

Code, relating to positive train control systems; 

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

Code, relating to the development and use of rail safety technology; and 

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

mission. 

SEC. 302. CIVIL PENALTY INCREASES. 

(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 21301(a)(2) 

is amended— 

(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and 

(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’. 

(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER 201; VIO- LATIONS 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: 

‘‘§ 20120. Enforcement report 

‘‘(a) IN GENERAL.—Beginning not later than December 31, 2009, 

the Secretary of Transportation shall make available to the public 

and publish on its public website an annual report that— 

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

materials compliance inspections and audits that Federal or 

State inspectors conducted in the prior fiscal year organized 

by type of alleged violation, including track, motive power and 

equipment, signal, grade crossing, operating practices, accident 

and incidence reporting, and hazardous materials; 

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

by the Secretary or the Federal Railroad Administration during 

the prior fiscal year, including— 

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

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

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

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

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

amounts of civil penalties assessed; 

Effective date. 

Public 

information. 

Web site. 

49 USC 21301. 


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‘‘(F) the number of administrative hearings requested 

and completed related to hazardous materials transportation law violations or enforcement actions against individuals; 

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

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

orders, emergency orders, or precursor agreements; 

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

of reported accidents and incidents and railroad safety; 

‘‘(4) provide the information required by paragraphs (2) 

and (3)— 

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

‘‘(B) in the aggregate for— 

‘‘(i) Class II railroads; 

‘‘(ii) Class III railroads; 

‘‘(iii) hazardous materials shippers; and 

‘‘(iv) individuals; 

‘‘(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average 

length of time it took to be decided by— 

‘‘(A) the Locomotive Engineer Review Board; 

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

‘‘(C) the Administrator of the Federal Railroad 

Administration; 

‘‘(6) provides an explanation regarding any changes in the 

Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the 

information reported; and 

‘‘(7) includes any additional information that the Secretary 

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

(b) CONFORMING AMENDMENT.—The chapter analysis for 

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

by inserting after the item relating to section 20119 the following: 

‘‘20120. Enforcement report.’’. 

SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY. 

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

injury’’ and inserting ‘‘death, personal injury, or significant harm 

to the environment’’. 

SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETYSENSITIVE FUNCTIONS FOR A VIOLATION OF HAZARDOUS 

MATERIALS TRANSPORTATION LAW. 

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

‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING

SAFETY-SENSITIVE FUNCTIONS.— 

‘‘(1) If an individual’s violation of this part, chapter 51 

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

by the Secretary under this part or chapter 51 of this title 

is shown to make that individual unfit for the performance 

of safety-sensitive functions, the Secretary, after providing 

notice and an opportunity for a hearing, may issue an order 

prohibiting the individual from performing safety-sensitive 

Notice. 

49 USC 20104. 


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functions in the railroad industry for a specified period of 

time or until specified conditions are met. 

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

under section 20104 of this title to act on an emergency basis.’’. 

SEC. 306. RAILROAD RADIO MONITORING AUTHORITY. 

Section 20107 is amended by inserting at the end the following: 

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

authorize officers, employees, or agents of the Secretary to 

conduct, with or without making their presence known, the 

following activities in circumstances the Secretary finds to be 

reasonable: 

‘‘(A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the 

communication, but only where such communication is 

broadcast or transmitted over a radio frequency which is— 

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

carriers by the Federal Communications Commission; 

and 

‘‘(ii) primarily used by such railroad carriers for 

communications in connection with railroad operations. 

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

purport, effect, or meaning of the communication, subject 

to the restrictions in paragraph (3). 

‘‘(C) Receiving or assisting in receiving the communication (or any information therein contained). 

‘‘(D) Disclosing the contents, substance, purport, effect, 

or meaning of the communication (or any part thereof 

of such communication) or using the communication (or 

any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or acquired knowledge of the contents, substance, 

purport, effect, or meaning of the communication (or any 

part thereof). 

‘‘(E) Recording the communication by any means, 

including writing and tape recording. 

‘‘(2) ACCIDENT AND INCIDENT PREVENTION AND INVESTIGATION.—The Secretary, and officers, employees, and agents of 

the Department of Transportation authorized by the Secretary, 

may engage in the activities authorized by paragraph (1) for 

the purpose of accident and incident prevention and investigation. 

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

through activities authorized by paragraphs (1) and (2) shall 

not be admitted into evidence in any administrative or judicial 

proceeding except— 

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

criminal law; or 

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

the Federal Government regarding the existence, electronic 

characteristics, content, substance, purport, effect, 

meaning, or timing of, or identity of parties to, a communication intercepted pursuant to paragraphs (1) and (2) 

in proceedings pursuant to section 5122, 5123, 20702(b), 

20111, 20112, 20113, or 20114 of this title. 

49 USC 20107. 


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‘‘(B) If information obtained through activities set forth 

in paragraphs (1) and (2) is admitted into evidence for impeachment purposes in accordance with subparagraph (A), the court, 

administrative law judge, or other officer before whom the 

proceeding is conducted may make such protective orders 

regarding the confidentiality or use of the information as may 

be appropriate in the circumstances to protect privacy and 

administer justice. 

‘‘(C) No evidence shall be excluded in an administrative 

or judicial proceeding solely because the government would 

not have learned of the existence of or obtained such evidence 

but for the interception of information that is not admissible 

in such proceeding under subparagraph (A). 

‘‘(D) Information obtained through activities set forth in 

paragraphs (1) and (2) shall not be subject to publication or 

disclosure, or search or review in connection therewith, under 

section 552 of title 5. 

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

or otherwise affect the authority of the United States to intercept a communication, and collect, retain, analyze, use, and 

disseminate the information obtained thereby, under a provision of law other than this subsection. 

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

Communications Act of 1934 (47 U.S.C. 605) and chapter 119 

of title 18 shall not apply to conduct authorized by and pursuant 

to this subsection.’’. 

SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION’S 

WEBSITE. 

(a) IN GENERAL.—The Secretary shall update the Federal Railroad Administration’s public website to better facilitate the ability 

of the public, including those individuals who are not regular users 

of the public website, to find current information regarding the 

Federal Railroad Administration’s activities. 

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

shall provide a mechanism for the public to submit written reports 

of potential violations of Federal railroad safety and hazardous 

materials transportation laws, regulations, and orders to the Federal Railroad Administration. 

SEC. 308. EMERGENCY WAIVERS. 

Section 20103 is amended— 

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

‘‘NONEMERGENCY WAIVERS.—’’; 

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

‘‘(e) HEARINGS.—The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or 

issuing an order under this part, including a regulation or order 

establishing, amending, or providing a waiver, described in subsection (d), of compliance with a railroad safety regulation prescribed or order issued under this part. An opportunity for an 

oral presentation shall be provided.’’; and 

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

‘‘(g) EMERGENCY WAIVERS.— ‘‘(1) IN GENERAL.—The Secretary may waive compliance 

with any part of a regulation prescribed or order issued under 

49 USC 20103. 

49 USC 103 note. 


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122 STAT. 4882 PUBLIC LAW 110–432—OCT. 16, 2008 

this part without prior notice and comment if the Secretary 

determines that— 

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

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

and 

‘‘(C) the waiver is necessary to address an actual or 

impending emergency situation or emergency event. 

‘‘(2) PERIOD OF WAIVER.—A waiver under this subsection 

may be issued for a period of not more than 60 days and 

may be renewed upon application to the Secretary only after 

notice and an opportunity for a hearing on the waiver. The 

Secretary shall immediately revoke the waiver if continuation 

of the waiver would not be consistent with the goals and objectives of this part. 

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

in the decision issued under this subsection the reasons for 

granting the waiver. 

‘‘(4) CONSULTATION.—In granting a waiver under this subsection, the Secretary shall consult and coordinate with other 

Federal agencies, as appropriate, for matters that may impact 

such agencies. 

‘‘(5) EMERGENCY SITUATION; EMERGENCY EVENT.—In this 

subsection, the terms ‘emergency situation’ and ‘emergency 

event’ mean a natural or manmade disaster, such as a hurricane, flood, earthquake, mudslide, forest fire, snowstorm, terrorist act, biological outbreak, release of a dangerous radiological, chemical, explosive, or biological material, or a warrelated activity, that poses a risk of death, serious illness, 

severe injury, or substantial property damage. The disaster 

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

SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL. 

Section 20112(a) is amended— 

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

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

(2) by striking ‘‘21301’’ in paragraph (2) and inserting 

‘‘21301, 21302, or 21303’’; 

(3) by striking ‘‘subpena’’ in paragraph (3) and inserting 

‘‘subpoena, request for admissions, request for production of 

documents or other tangible things, or request for testimony 

by deposition’’; and 

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

‘‘part.’’. 

SEC. 310. CRIMINAL PENALTIES. 

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

‘‘(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not 

filing a report in violation of section 20901 of this title shall be 

fined not more than $2,500. A separate violation occurs for each 

day the violation continues.’’. 

49 USC 20112. 

Notice. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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: 

‘‘§ 20162. Minimum training standards and plans 

‘‘(a) IN GENERAL.—The Secretary of Transportation shall, not 

later than 1 year after the date of enactment of the Rail Safety 

Improvement Act of 2008, establish— 

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

of safety-related railroad employee (as defined in section 20102) 

and equivalent railroad carrier contractor and subcontractor 

employees, which shall require railroad carriers, contractors, 

and subcontractors to qualify or otherwise document the proficiency of such employees in each such class and craft 

regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations and railroad carrier 

rules and procedures promulgated to implement those Federal 

railroad safety laws and regulations; 

‘‘(2) a requirement that railroad carriers, contractors, and 

subcontractors develop and submit training and qualification 

plans to the Secretary for approval, including training programs 

and information deemed necessary by the Secretary to ensure 

that all safety-related railroad employees receive appropriate 

training in a timely manner; and 

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

criteria, testing, and skills evaluation measures to ensure that 

safety-related railroad employees, and contractor and subcontractor employees, charged with the inspection of track or railroad equipment are qualified to assess railroad compliance 

with Federal standards to identify defective conditions and 

initiate immediate remedial action to correct critical safety 

defects that are known to contribute to derailments, accidents, 

incidents, or injuries, and, in implementing the requirements 

of this paragraph, take into consideration existing training 

programs of railroad carriers. 

‘‘(b) APPROVAL.—The Secretary shall review and approve the 

plans required under subsection (a)(2) utilizing an approval process 

required for programs to certify the qualification of locomotive engineers pursuant to part 240 of title 49, Code of Federal Regulations. 

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

and railroad carrier contractors and subcontractors from submitting 

training plans for which the Secretary has issued training regulations before the date of enactment of the Rail Safety Improvement 

Act of 2008.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

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

by inserting after the item relating to section 20161 the following: 

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

Requirements. 

Deadline. 


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122 STAT. 4884 PUBLIC LAW 110–432—OCT. 16, 2008 

SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF 

EMPLOYEES. 

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

by section 401 of this division, is further amended by adding at 

the end the following new section: 

‘‘§ 20163. Certification of train conductors 

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

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

Secretary of Transportation shall prescribe regulations to establish 

a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that train 

conductors be trained, in accordance with the training standards 

developed pursuant to section 20162. 

‘‘(b) PROGRAM REQUIREMENTS.—In developing the regulations 

required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).’’. 

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

Secretary shall issue a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure about 

whether the certification of certain crafts or classes of railroad 

carrier or railroad carrier contractor or subcontractor employees 

is necessary to reduce the number and rate of accidents and 

incidents or to improve railroad safety. 

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

report, the Secretary shall consider— 

(1) car repair and maintenance employees; 

(2) onboard service workers; 

(3) rail welders; 

(4) dispatchers; 

(5) signal repair and maintenance employees; and 

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

determines appropriate. 

(d) REGULATIONS.—The Secretary may prescribe regulations 

requiring the certification of certain crafts or classes of employees 

that the Secretary determines pursuant to the report required by 

paragraph (1) are necessary to reduce the number and rate of 

accidents and incidents or to improve railroad safety. 

(e) CONFORMING AMENDMENT.—The chapter analysis for 

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

by inserting after the item relating to section 20162 the following: 

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

SEC. 403. TRACK INSPECTION TIME STUDY. 

(a) STUDY.—Not later that 2 years after the date of enactment 

of this Act, the Secretary shall transmit to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate a report containing the results of a study to determine 

whether— 

(1) the required intervals of track inspections for each 

class of track should be amended; 

(2) track remedial action requirements should be amended; 

(3) different track inspection and repair priorities or 

methods should be required; and 

Deadline. 

Reports. 

49 USC 20142 

note. 

49 USC 20162 

note. 

49 USC 20162 

note. 

Deadline. 


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(4) the speed at which railroad track inspection vehicles 

operate and the scope of the territory they generally cover 

allow for proper inspection of the track and whether such 

speed and appropriate scope should be regulated by the Secretary. 

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

shall consider— 

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

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

studies; 

(2) the availability and feasibility of developing and implementing new or novel rail inspection technology for routine 

track inspections; 

(3) information from National Transportation Safety Board 

or Federal Railroad Administration accident investigations 

where track defects were the cause or a contributing cause; 

and 

(4) other relevant information, as determined by the Secretary. 

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

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

shall prescribe regulations based on the results of the study conducted under subsection (a). 

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

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

regulations for concrete cross ties. In developing the regulations 

for class 1 through 5 track, the Secretary may address, as appropriate— 

(1) limits for rail seat abrasion; 

(2) concrete cross tie pad wear limits; 

(3) missing or broken rail fasteners; 

(4) loss of appropriate toeload pressure; 

(5) improper fastener configurations; and 

(6) excessive lateral rail movement. 

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

PLATFORM GAPS. 

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

Secretary shall complete a study to determine the most safe, efficient, and cost-effective way to improve the safety of rail passenger 

station platforms gaps in order to increase compliance with the 

requirements under the Americans with Disabilities Act (42 U.S.C. 

12101 et seq.), including regulations issued pursuant to section 

504 of such Act (42 U.S.C. 12204) and to minimize the safety 

risks associated with such gaps for railroad passengers and 

employees. 

SEC. 405. LOCOMOTIVE CAB STUDIES. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, through the Railroad Safety 

Advisory Committee if the Secretary makes such a request, shall 

complete a study on the safety impact of the use of personal electronic devices, including cell phones, video games, and other distracting devices, by safety-related railroad employees (as defined 

in section 20102(4) of title 49, United States Code), during the 

performance of such employees’ duties. The study shall consider 

the prevalence of the use of such devices. 

Deadline. 

49 USC 20103 

note. 

Deadline. 

Deadline. 

Regulations. 

Deadline. 


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122 STAT. 4886 PUBLIC LAW 110–432—OCT. 16, 2008 

(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: 

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

‘‘(a) IN GENERAL.—Not later than 1 year after enactment of 

the Railroad Safety Enhancement Act of 2008, the Secretary of 

Transportation shall prescribe standards, guidance, regulations, or 

orders governing the development, use, and implementation of rail 

safety technology in dark territory, in arrangements not defined 

in section 20501 or otherwise not covered by Federal standards, 

guidance, regulations, or orders that ensure the safe operation 

of such technology, such as— 

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

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

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

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

‘‘(5) slide fences; 

‘‘(6) grade crossing video monitors; 

‘‘(7) track integrity warning systems; or 

‘‘(8) other similar rail safety technologies, as determined 

by the Secretary. 

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

territory’ means any territory in a railroad system that does not 

have a signal or train control system installed or operational.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

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

by inserting after the item relating to section 20163 the following: 

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

SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS. 

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

is amended to read as follows: 

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

transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines 

is operating within the United States as a single, integrated 

49 USC 20102. 

Deadline. 

Standards. 

Guidance. 

Regulations. 

Orders. 


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rail system, the Secretary may by order treat the group of 

railroad carriers as a single railroad carrier for purposes of 

one or more provisions of part A, subtitle V of this title and 

implementing regulations and order, subject to any appropriate 

conditions that the Secretary may impose.’’. 

SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION. 

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

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

section 711 of the Regional Rail Reorganization Act of 1973 (45 

U.S.C. 797j). Not later than 6 months after completing the study, 

the Secretary shall transmit a report with the Secretary’s findings, 

conclusions, and recommendations to the Senate Committee on 

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

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

TESTING BY RAILROAD CARRIERS. 

(a) IN GENERAL.—Chapter 201, as amended by section 406 

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

following: 

‘‘§ 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 nonFederal alcohol and drug testing program must provide a redress 

process to its employees who are subject to both the alcohol and 

drug testing program and chapter 211 of this title for such an 

employee to petition for and receive a carrier hearing to review 

his or her specimen test results that were determined to be in 

violation of the program. A dispute or grievance raised by a railroad 

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

application of this section is subject to resolution under section 

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

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201, as amended by section 406 of this division, is further 

amended by inserting after the item relating to section 20164 the 

following: 

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

SEC. 410. CRITICAL INCIDENT STRESS PLAN. 

(a) IN GENERAL.—The Secretary of Transportation, in consultation with the Secretary of Labor and the Secretary of Health and 

Human Services, as appropriate, shall require each Class I railroad 

carrier, each intercity passenger railroad carrier, and each commuter railroad carrier to develop and submit for approval to the 

Secretary a critical incident stress plan that provides for debriefing, 

counseling, guidance, and other appropriate support services to 

be offered to an employee affected by a critical incident. 

49 USC 20109 

note. 

Reports. 

Deadlines. 


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122 STAT. 4888 PUBLIC LAW 110–432—OCT. 16, 2008 

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

(1) relieving an employee who was involved in a critical 

incident of his or her duties for the balance of the duty tour, 

following any actions necessary for the safety of persons and 

contemporaneous documentation of the incident; 

(2) upon the employee’s request, relieving an employee 

who witnessed a critical incident of his or her duties following 

any actions necessary for the safety of persons and contemporaneous documentation of the incident; and 

(3) providing such leave from normal duties as may be 

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

(c) SECRETARY TO DEFINE WHAT CONSTITUTES A CRITICAL

INCIDENT.—Within 30 days after the date of enactment of this 

Act, the Secretary shall initiate a rulemaking proceeding to define 

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

SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION 

STUDY. 

(a) STUDY.—The Secretary of Transportation shall, in consultation with the Secretary of Energy, the Secretary of Labor, the 

Administrator of the Environmental Protection Agency, and the 

Chairman of the Nuclear Regulatory Commission, as appropriate, 

conduct a study of the potential hazards to which employees of 

railroad carriers and railroad contractors or subcontractors are 

exposed during the transportation of high-level radioactive waste 

and spent nuclear fuel (as defined in section 5101(a) of title 49, 

United States Code), supplementing the report submitted under 

section 5101(b) of that title, which may include— 

(1) an analysis of the potential application of ‘‘as low as 

reasonably achievable’’ principles for exposure to radiation to 

such employees with an emphasis on the need for special protection from radiation exposure for such employees during the 

first trimester of pregnancy or who are undergoing or have 

recently undergone radiation therapy; 

(2) the feasibility of requiring real-time dosimetry monitoring for such employees; 

(3) the feasibility of requiring routine radiation exposure 

monitoring in fixed railroad locations, such as yards and repair 

facilities; and 

(4) a review of the effectiveness of the Department’s packaging requirements for radioactive materials. 

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall transmit 

a report on the results of the study required by subsection (a) 

and any recommendations to further protect employees of a railroad 

carrier or of a contractor or subcontractor to a railroad carrier 

from unsafe exposure to radiation during the transportation of 

high-level radioactive waste and spent nuclear fuel to the Senate 

Committee on Commerce, Science, and Transportation and the 

House of Representatives Committee on Transportation and Infrastructure. 

(c) REGULATORY AUTHORITY.—The Secretary of Transportation 

may issue regulations that the Secretary determines appropriate, 

pursuant to the report required by subsection (b), to protect railroad 

49 USC 5103 

note. 

Deadline. 

Regulations. 


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employees from unsafe exposure to radiation during the transportation of radioactive materials. 

SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR 

MAINTENANCE-OF-WAY EMPLOYEES. 

Not later than 2 years following the date of enactment of 

this Act, the Secretary of Transportation shall complete a rulemaking proceeding to revise the regulations prescribed under section 20140 of title 49, United States Code, to cover all employees 

of railroad carriers and contractors or subcontractors to railroad 

carriers who perform maintenance-of-way activities. 

SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS. 

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

by section 409 of this division, is further amended by adding at 

the end the following new section: 

‘‘§ 20166. Emergency escape breathing apparatus 

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

the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations that require railroad carriers— 

‘‘(1) to provide emergency escape breathing apparatus suitable to provide head and neck coverage with respiratory protection for all crewmembers in locomotive cabs on freight trains 

carrying hazardous materials that would pose an inhalation 

hazard in the event of release; 

‘‘(2) to provide convenient storage in each freight train 

locomotive to enable crewmembers to access such apparatus 

quickly; 

‘‘(3) to maintain such equipment in proper working condition; and 

‘‘(4) to provide their crewmembers with appropriate 

training for using the breathing apparatus.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201, as amended by section 409 of this division, is amended 

by inserting after the item relating to section 20165 the following: 

‘‘20166. Emergency escape breathing apparatus.’’. 

SEC. 414. TUNNEL INFORMATION. 

Not later than 120 days after the date of enactment of this 

Act, each railroad carrier shall, with respect to each of its tunnels 

which— 

(1) are longer than 1000 feet and located under a city 

with a population of 400,000 or greater; or 

(2) carry 5 or more scheduled passenger trains per day, 

or 500 or more carloads of poison- or toxic-by-inhalation hazardous materials (as defined in parts 171.8, 173.115, and 

173.132 of title 49, Code of Federal Regulations) per year, 

maintain, for at least two years, historical documentation of structural inspection and maintenance activities for such tunnels, 

including information on the methods of ingress and egress into 

and out of the tunnel, the types of cargos typically transported 

through the tunnel, and schematics or blueprints for the tunnel, 

when available. Upon request, a railroad carrier shall provide periodic briefings on such information to the governments of the local 

jurisdiction in which the tunnel is located, including updates whenever a repair or rehabilitation project substantially alters the 

Briefings. 

Deadline. 

Time period. 

Records. 

49 USC 20103 

note. 

Deadline. 

Regulations. 

Deadline. 

49 USC 20140 

note. 


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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 railroadrelated museums, historical societies, and tourist or scenic railroads. 

The study shall include an analysis of the safety consequences 

of requiring less frequent inspections of such locomotives and equipment, including periodic inspections or inspections based on service 

days and air brake inspections. 

(b) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall transmit a report on the results 

of the study conducted under subsection (a) to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate. 

SEC. 416. SAFETY INSPECTIONS IN MEXICO. 

Mechanical and brake inspections of rail cars performed in 

Mexico shall not be treated as satisfying United States rail safety 

laws or regulations unless the Secretary of Transportation certifies 

that— 

(1) such inspections are being performed under regulations 

and standards equivalent to those applicable in the United 

States; 

(2) the inspections are being performed by employees that 

have received training similar to the training received by 

similar railroad employees in the United States; 

(3) inspection records that are required to be available 

to the crewmembers on board the train, including air slips 

and blue cards, are maintained in both English and Spanish, 

and such records are available to the Federal Railroad Administration for review; and 

(4) the Federal Railroad Administration is permitted to 

perform onsite inspections for the purpose of ensuring compliance with the requirements of this subsection. 

SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE. 

(a) IN GENERAL.—Not later than 12 months after the date 

of enactment of this Act, the Secretary shall promulgate a regulation 

requiring owners of track carried on one or more railroad bridges 

to adopt a bridge safety management program to prevent the 

deterioration of railroad bridges and reduce the risk of human 

casualties, environmental damage, and disruption to the Nation’s 

railroad transportation system that would result from a catastrophic 

bridge failure. 

(b) REQUIREMENTS.—The regulations shall, at a minimum, 

require each track owner to— 

(1) to develop and maintain an accurate inventory of its 

railroad bridges, which shall identify the location of each bridge, 

its configuration, type of construction, number of spans, span 

lengths, and all other information necessary to provide for 

the safe management of the bridges; 

Deadline. 

Regulations. 

49 USC 20103 

note. 

Certification. 

49 USC 20107 

note. 


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(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: 


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122 STAT. 4892 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘§ 20167. Railroad safety infrastructure improvement grants 

‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall 

establish a grant program for safety improvements to railroad infrastructure, including the acquisition, improvement, or rehabilitation 

of intermodal or rail equipment or facilities, including track, bridges, 

tunnels, yards, buildings, passenger stations, facilities, and maintenance and repair shops. 

‘‘(b) ELIGIBILITY.—Grants shall be made under this section to 

eligible passenger and freight railroad carriers, and State and local 

governments for projects described in subsection (a). Grants shall 

also be made available to assist a State or political subdivision 

thereof in establishing a quiet zone pursuant to part 222 of title 

49, Code of Federal Regulations. 

‘‘(c) CONSIDERATIONS.—In awarding grants, the Secretary shall 

consider, at a minimum— 

‘‘(1) the age and condition of the rail infrastructure of 

the applicant; 

‘‘(2) the railroad carrier’s safety record, including accident 

and incident numbers and rates; 

‘‘(3) the volume of hazardous materials transported by the 

railroad; 

‘‘(4) the operation of passenger trains over the railroad; 

and 

‘‘(5) whether the railroad carrier has submitted a railroad 

safety risk reduction program, as required by section 20156. 

‘‘(d) MATCHING REQUIREMENTS.—Federal funds for any eligible 

project under this section shall not exceed 50 percent of the total 

cost of such project. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Transportation $5,000,000 

for each of fiscal years 2010 through 2013 to carry out this section. 

Amounts appropriated pursuant to this subsection shall remain 

available until expended.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 201, as amended by section 413 of this division, is amended 

by inserting after the item relating to section 20166 the following: 

‘‘20167. Railroad safety infrastructure improvement grants.’’. 

SEC. 419. PROMPT MEDICAL ATTENTION. 

(a) IN GENERAL.—Section 20109 is amended— 

(1) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively; and 

(2) by inserting after subsection (b) the following: 

‘‘(c) PROMPT MEDICAL ATTENTION.— 

‘‘(1) PROHIBITION.—A railroad carrier or person covered 

under this section may not deny, delay, or interfere with the 

medical or first aid treatment of an employee who is injured 

during the course of employment. If transportation to a hospital 

is requested by an employee who is injured during the course 

of employment, the railroad shall promptly arrange to have 

the injured employee transported to the nearest hospital where 

the employee can receive safe and appropriate medical care. 

‘‘(2) DISCIPLINE.—A railroad carrier or person covered 

under this section may not discipline, or threaten discipline 

to, an employee for requesting medical or first aid treatment, 

49 USC 20109. 


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or for following orders or a treatment plan of a treating physician, except that a railroad carrier’s refusal to permit an 

employee to return to work following medical treatment shall 

not be considered a violation of this section if the refusal 

is pursuant to Federal Railroad Administration medical standards for fitness of duty or, if there are no pertinent Federal 

Railroad Administration standards, a carrier’s medical standards for fitness for duty. For purposes of this paragraph, the 

term ‘discipline’ means to bring charges against a person in 

a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee’s record.’’. 

(b) CONFORMING AMENDMENTS.—Section 20109 is amended— 

(1) in subsection (d), as redesignated by subsection (a) 

of this section— 

(A) by striking ‘‘(a) or (b)’’ in paragraph (1) and 

inserting ‘‘(a), (b), or (c)’’; 

(B) by striking ‘‘(c)(1)’’ in paragraph (2)(A)(i) and 

inserting ‘‘(d)(1)’’; 

(C) by striking ‘‘(a) or (b)’’ in paragraph (2)(A)(ii) and 

inserting ‘‘(a), (b), or (c)’’; and 

(2) in subsection (e), as so redesignated— 

(A) by striking ‘‘(c)’’ in paragraph (1) and inserting 

‘‘(d)’’; 

(B) by striking ‘‘(c)’’ in paragraph (2) and inserting 

‘‘(d)’’; 

(C) by striking ‘‘(c)(3)’’ in paragraph (2) and inserting 

‘‘(d)(3)’’; and 

(D) by striking ‘‘(c)’’ in paragraph (3) and inserting 

‘‘(d)’’. 

SEC. 420. EMPLOYEE SLEEPING QUARTERS. 

Section 21106 is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A railroad 

carrier’’; 

(2) by striking ‘‘sanitary and give those employees and 

individuals an opportunity for rest free from the interruptions 

caused by noise under the control of the carrier;’’ in paragraph 

(1) and inserting ‘‘sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused 

by noise under the control of the carrier, and provide indoor 

toilet facilities, potable water, and other features to protect 

the health of employees;’’; and 

(3) by adding at the end the following: 

‘‘(b) CAMP CARS.—Not later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace 

such cars in compliance with subsection (a). 

‘‘(c) REGULATIONS.—Not later than April 1, 2010, the Secretary 

of Transportation, in coordination with the Secretary of Labor, 

shall prescribe regulations to implement subsection (a)(1) to protect 

the safety and health of any employees and individuals employed 

to maintain the right of way of a railroad carrier that uses camp 

cars, which shall require that all camp cars comply with those 

regulations by December 31, 2010. In prescribing the regulations, 

the Secretary shall assess the action taken by any railroad carrier 

to fully retrofit or replace its camp cars pursuant to this section. 

‘‘(d) COMPLIANCE AND ENFORCEMENT.—The Secretary shall 

determine whether a railroad carrier has fully retrofitted or replaced 

Deadlines. 

Deadline. 

49 USC 20109. 


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a camp car pursuant to subsection (b) and shall prohibit the use 

of any non-compliant camp car. The Secretary may assess civil 

penalties pursuant to chapter 213 for violations of this section.’’. 

TITLE V—RAIL PASSENGER DISASTER 

FAMILY ASSISTANCE 

SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD 

TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. 

(a) IN GENERAL.—Chapter 11 is amended by adding at the 

end of subchapter III the following: 

‘‘§ 1139. Assistance to families of passengers involved in rail 

passenger accidents 

‘‘(a) IN GENERAL.—As soon as practicable after being notified 

of a rail passenger accident within the United States involving 

a rail passenger carrier and resulting in a major loss of life, the 

Chairman of the National Transportation Safety Board shall— 

‘‘(1) designate and publicize the name and phone number 

of a director of family support services who shall be an employee 

of the Board and shall be responsible for acting as a point 

of contact within the Federal Government for the families of 

passengers involved in the accident and a liaison between the 

rail passenger carrier and the families; and 

‘‘(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 

Designations. 


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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 SERV- ICES.—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 


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122 STAT. 4896 PUBLIC LAW 110–432—OCT. 16, 2008 

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. 


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‘‘(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: 

‘‘§ 24316. Plans to address needs of families of passengers 

involved in rail passenger accidents 

‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months after the 

date of the enactment of the Rail Safety Improvement Act of 2008, 

a rail passenger carrier shall submit to the Chairman of the 

National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for 

addressing the needs of the families of passengers involved in 

any rail passenger accident involving a rail passenger carrier intercity train and resulting in a major loss of life. 

‘‘(b) CONTENTS OF PLANS.—A plan to be submitted by a rail 

passenger carrier under subsection (a) shall include, at a minimum, 

the following: 

‘‘(1) A process by which a rail passenger carrier will maintain and provide to the National Transportation Safety Board, 

the Secretary of Transportation, and the Secretary of Homeland 

Security immediately upon request, a list (which is based on 

the best available information at the time of the request) of 

the names of the passengers aboard the train (whether or 

not such names have been verified), and will periodically update 

the list. The plan shall include a procedure, with respect to 

unreserved trains and passengers not holding reservations on 

other trains, for the rail passenger carrier to use reasonable 

efforts to ascertain the names of passengers aboard a train 

involved in an accident. 

‘‘(2) A process for notifying the families of the passengers, 

before providing any public notice of the names of the passengers, either by utilizing the services of the organization 

designated for the accident under section 1139(a)(2) of this 

title or the services of other suitably trained individuals. 

‘‘(3) A plan for creating and publicizing a reliable, tollfree telephone number within 4 hours after such an accident 

Deadline. 


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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 SEC- RETARY.—Nothing in this section shall be construed to abridge 


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the authority of the Board or the Secretary of Transportation 

to investigate the causes or circumstances of any rail accident, 

including the development of information regarding the nature 

of injuries sustained and the manner in which they were sustained, for the purpose of determining compliance with existing 

laws and regulations or identifying means of preventing similar 

injuries in the future. 

‘‘(e) LIMITATION ON LIABILITY.—A rail passenger carrier shall 

not be liable for damages in any action brought in a Federal 

or State court arising out of the performance of the rail passenger 

carrier in preparing or providing a passenger list, or in providing 

information concerning a train reservation, pursuant to a plan 

submitted by the rail passenger carrier under subsection (b), unless 

such liability was caused by conduct of the rail passenger carrier 

which was grossly negligent or which constituted intentional misconduct. 

‘‘(f) DEFINITIONS.—In this section, the terms ‘passenger’ and 

‘rail passenger accident’ have the meaning given those terms by 

section 1139 of this title. 

‘‘(g) FUNDING.—Out of funds appropriated pursuant to section 

20117(a)(1)(A), there shall be made available to the Secretary of 

Transportation $500,000 for fiscal year 2010 to carry out this section. Amounts made available pursuant to this subsection shall 

remain available until expended.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 243 is amended by inserting after the item relating to 

section 24315 the following: 

‘‘24316.Plan to assist families of passengers involved in rail passenger accidents.’’. 

SEC. 503. ESTABLISHMENT OF TASK FORCE. 

(a) ESTABLISHMENT.—The Secretary, in cooperation with the 

National Transportation Safety Board, organizations potentially 

designated under section 1139(a)(2) of title 49, United States Code, 

rail passenger carriers (as defined in section 1139(h)(2) of title 

49, United States Code), and families which have been involved 

in rail accidents, shall establish a task force consisting of representatives of such entities and families, representatives of rail passenger 

carrier employees, and representatives of such other entities as 

the Secretary considers appropriate. 

(b) MODEL PLAN AND RECOMMENDATIONS.—The task force 

established pursuant to subsection (a) shall develop— 

(1) a model plan to assist rail passenger carriers in 

responding to passenger rail accidents; 

(2) recommendations on methods to improve the timeliness 

of the notification provided by passenger rail carriers to the 

families of passengers involved in a passenger rail accident; 

(3) recommendations on methods to ensure that the families 

of passengers involved in a passenger rail accident who are 

not citizens of the United States receive appropriate assistance; 

and 

(4) recommendations on methods to ensure that emergency 

services personnel have as immediate and accurate a count 

of the number of passengers onboard the train as possible. 

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit a report to the 

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

49 USC 1139 

note. 


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Transportation containing the model plan and recommendations 

developed by the task force under subsection (b). 

TITLE VI—CLARIFICATION OF FEDERAL 

JURISDICTION OVER SOLID WASTE 

FACILITIES 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Clean Railroads Act of 2008’’. 

SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID 

WASTE TRANSFER FACILITIES. 

Section 10501(c)(2) is amended to read as follows: 

‘‘(2) Except as provided in paragraph (3), the Board does not 

have jurisdiction under this part over— 

‘‘(A) mass transportation provided by a local government 

authority; or 

‘‘(B) a solid waste rail transfer facility as defined in section 

10908 of this title, except as provided under sections 10908 

and 10909 of this title.’’. 

SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES. 

(a) IN GENERAL.—Chapter 109 is amended by adding at the 

end thereof the following: 

‘‘§ 10908. Regulation of solid waste rail transfer facilities 

‘‘(a) IN GENERAL.—Each solid waste rail transfer facility shall 

be subject to and shall comply with all applicable Federal and 

State requirements, both substantive and procedural, including 

judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration 

of the environment, and the protection of public health and safety, 

including laws governing solid waste, to the same extent as required 

for any similar solid waste management facility, as defined in 

section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 

6903(29)) that is not owned or operated by or on behalf of a 

rail carrier, except as provided for in section 10909 of this chapter. 

‘‘(b) EXISTING FACILITIES.— ‘‘(1) STATE LAWS AND STANDARDS.—Not later than 90 days 

after the date of enactment of the Clean Railroads Act of 

2008, a solid waste rail transfer facility operating as of such 

date of enactment shall comply with all Federal and State 

requirements pursuant to subsection (a) other than those provisions requiring permits. 

‘‘(2) PERMIT REQUIREMENTS.— ‘‘(A) STATE NON-SITING PERMITS.—Any solid waste rail 

transfer facility operating as of the date of enactment of 

the Clean Railroads Act of 2008 that does not possess 

a permit required pursuant to subsection (a), other than 

a siting permit for the facility, as of the date of enactment 

of the Clean Railroads Act of 2008 shall not be required 

to possess any such permits in order to operate the 

facility— 

‘‘(i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in good faith, a complete application for all Deadline. 

Deadline. 

49 USC 10501. 

49 USC 10101 

note. 

Clean Railroads 

Act of 2008. 


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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 Boardissued 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 


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122 STAT. 4902 PUBLIC LAW 110–432—OCT. 16, 2008 

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, semisolid 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; 


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PUBLIC LAW 110–432—OCT. 16, 2008 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: 

‘‘§ 10909. Solid waste rail transfer facility land-use exemption 

‘‘(a) AUTHORITY.—The Board may issue a land-use exemption 

for a solid waste rail transfer facility that is or is proposed to 

be operated by or on behalf of a rail carrier if— 

‘‘(1) the Board finds that a State, local, or municipal law, 

regulation, order, or other requirement affecting the siting of 

such facility unreasonably burdens the interstate transportation 

of solid waste by railroad, discriminates against the railroad 

transportation of solid waste and a solid waste rail transfer 

facility, or a rail carrier that owns or operates such a facility 

petitions the Board for such an exemption; or 

‘‘(2) the Governor of a State in which a facility that is 

operating as of the date of enactment of the Clean Railroads 

Act of 2008 is located, or his or her designee, petitions the 

Board to initiate a permit proceeding for that particular facility. 

‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later than 90 

days after the date of enactment of the Clean Railroad Act of 

2008, the Board shall publish procedures governing the submission 

and review of applications for solid waste rail transfer facility 

land-use exemptions. At a minimum, the procedures shall address— 

‘‘(1) the information that each application should contain 

to explain how the solid waste rail transfer facility will not 

pose an unreasonable risk to public health, safety, or the 

environment; 

‘‘(2) the opportunity for public notice and comment 

including notification of the municipality, the State, and any 

relevant Federal or State regional planning entity in the jurisdiction of which the solid waste rail transfer facility is proposed 

to be located; 

‘‘(3) the timeline for Board review, including a requirement 

that the Board approve or deny an exemption within 90 days 

after the full record for the application is developed; 

‘‘(4) the expedited review timelines for petitions for modifications, amendments, or revocations of granted exemptions; 

‘‘(5) the process for a State to petition the Board to require 

a solid waste transfer facility or a rail carrier that owns or 

operates such a facility to apply for a siting permit; and 

Deadline. 

Publication. 


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122 STAT. 4904 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(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 


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PUBLIC LAW 110–432—OCT. 16, 2008 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: 

‘‘§ 10910. Effect on other statutes and authorities 

‘‘Nothing in section 10908 or 10909 is intended to affect the 

traditional police powers of the State to require a rail carrier 

to comply with State and local environmental, public health, and 

public safety standards that are not unreasonably burdensome to 

interstate commerce and do not discriminate against rail carriers.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 109, as amended by section 604 of this division, is amended 

by inserting after the item relating to section 10909 the following: 

‘‘10910. Effect on other statutes and authorities.’’. 

TITLE VII—TECHNICAL CORRECTIONS 

SEC. 701. TECHNICAL CORRECTIONS. 

(a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 22106 is 

amended— 

(1) by striking the second sentence of subsection (a); 

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

‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT INTEREST

RECOVERIES.—The State shall place the United States Government’s 

share of money that is repaid and any contingent interest that 

is recovered in an interest-bearing account. The repaid money, 

contingent interest, and any interest thereof shall be considered 

to be State funds. The State shall use such funds to make other 

grants and loans, consistent with the purposes for which financial 

49 USC 22106. 


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122 STAT. 4906 PUBLIC LAW 110–432—OCT. 16, 2008 

assistance may be used under subsection (a), as the State considers 

to be appropriate.’’; and 

(3) by striking subsections (c) and (e) and redesignating 

subsection (d) as subsection (c). 

(b) GRANTS FOR CLASS II AND III RAILROADS.—Section 

22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and inserting ‘‘or’’. 

(c) RAIL TRANSPORTATION OF RENEWABLE FUEL STUDY.—Section 

245(a)(1) of the Energy Independence and Security Act of 2007 

is amended by striking ‘‘Secretary, in coordination with the Secretary of Transportation,’’ and inserting ‘‘Secretary and the Secretary of Transportation’’. 

(d) MOTOR CARRIER DEFINITION.— Section 14504a is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by inserting 

‘‘(except as provided in paragraph (5))’’ after ‘‘14506’’; 

(B) in paragraph (1), by striking subparagraph (A) 

and inserting the following: 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘commercial motor vehicle’— 

‘‘(i) for calendar years 2008 and 2009, has the 

meaning given the term in section 31101; and 

‘‘(ii) for years beginning after December 31, 2009, 

means a self-propelled vehicle described in section 

31101.’’; and 

(C) by striking paragraph (5) and inserting the following: 

‘‘(5) MOTOR CARRIER.— 

‘‘(A) THIS SECTION.—In this section: 

‘‘(i) IN GENERAL.—The term ‘motor carrier’ includes 

all carriers that are otherwise exempt from this part— 

‘‘(I) under subchapter I of chapter 135; or 

‘‘(II) through exemption actions by the former 

Interstate Commerce Commission under this title. 

‘‘(ii) EXCLUSIONS.—In this section, the term ‘motor 

carrier’ does not include— 

‘‘(I) any carrier subject to section 13504; or 

‘‘(II) any other carrier that the board of directors of the unified carrier registration plan determines to be appropriate pursuant to subsection 

(d)(4)(C). 

‘‘(B) SECTION 14506.—In section 14506, the term ‘motor 

carrier’ includes all carriers that are otherwise exempt 

from this part— 

‘‘(i) under subchapter I of chapter 135; or 

‘‘(ii) through exemption actions by the former 

Interstate Commerce Commission under this title.’’; 

and 

(2) in subsection (d)(4)(C), by inserting before the period 

at the end the following: ‘‘, except that a decision to approve 

the exclusion of carriers from the definition of the term ‘motor 

carrier’ under subsection (a)(5) shall require an affirmative 

vote of 3⁄4 of all such directors.’’. 

(e) EXTENSION OF LOAN PERIOD.—Section 502(g)(1) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 

822(g)(1)) is amended by striking ‘‘25 years’’ and inserting ‘‘35 

years’’. 

121 Stat. 1546. 

49 USC 22301. 


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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4907 

DIVISION B—AMTRAK 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Rail Investment and Improvement Act of 2008’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of title 49, United States Code. 

Sec. 3. Definition. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorization for Amtrak capital and operating expenses. 

Sec. 102. Repayment of long-term debt and capital leases. 

Sec. 103. Authorization for the Federal Railroad Administration. 

TITLE II—AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS 

Sec. 201. National railroad passenger transportation system defined. 

Sec. 202. Amtrak board of directors. 

Sec. 203. Establishment of improved financial accounting system. 

Sec. 204. Development of 5-year financial plan. 

Sec. 205. Restructuring long-term debt and capital leases. 

Sec. 206. Establishment of grant process. 

Sec. 207. Metrics and standards. 

Sec. 208. Methodologies for Amtrak route and service planning decisions. 

Sec. 209. State-supported routes. 

Sec. 210. Long-distance routes. 

Sec. 211. Northeast Corridor state-of-good-repair plan. 

Sec. 212. Northeast Corridor infrastructure and operations improvements. 

Sec. 213. Passenger train performance. 

Sec. 214. Alternate passenger rail service pilot program. 

Sec. 215. Employee transition assistance. 

Sec. 216. Special passenger trains. 

Sec. 217. Access to Amtrak equipment and services. 

Sec. 218. General Amtrak provisions. 

Sec. 219. Study of compliance requirements at existing intercity rail stations. 

Sec. 220. Oversight of Amtrak’s compliance with accessibility requirements. 

Sec. 221. Amtrak management accountability. 

Sec. 222. On-board service improvements. 

Sec. 223. Incentive pay. 

Sec. 224. Passenger rail service studies. 

Sec. 225. Report on service delays on certain passenger rail routes. 

Sec. 226. Plan for restoration of service. 

Sec. 227. Maintenance and repair facility utilization study. 

Sec. 228. Sense of the Congress regarding the need to maintain Amtrak as a national passenger rail system. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 301. Capital assistance for intercity passenger rail service. 

Sec. 302. Congestion grants. 

Sec. 303. State rail plans. 

Sec. 304. Tunnel project. 

Sec. 305. Next generation corridor train equipment pool. 

Sec. 306. Rail cooperative research program. 

Sec. 307. Federal rail policy. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Commuter rail mediation. 

Sec. 402. Routing efficiency discussions with Amtrak. 

Sec. 403. Sense of Congress regarding commuter rail expansion. 

Sec. 404. Locomotive biofuel study. 

Sec. 405. Study of the use of biobased technologies. 

Sec. 406. Cross-border passenger rail service. 

Sec. 407. Historic preservation of railroads. 

TITLE V—HIGH-SPEED RAIL 

Sec. 501. High-speed rail corridor program. 

49 USC 20101 

note. 

Passenger Rail 

Investment and 

Improvement 

Act of 2008. 


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122 STAT. 4908 PUBLIC LAW 110–432—OCT. 16, 2008 

Sec. 502. Additional high-speed rail projects. 

TITLE VI—CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR 

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 

Sec. 601. Authorization for capital and preventive maintenance projects for Washington Metropolitan Area Transit Authority. 

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. 

Except as otherwise specifically provided, whenever in this 

division an amendment is expressed in terms of an amendment 

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

States Code. 

SEC. 3. DEFINITION. 

In this division, the term ‘‘Secretary’’ means the Secretary 

of Transportation. 

TITLE I—AUTHORIZATIONS 

SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING 

EXPENSES. 

(a) OPERATING GRANTS.—There are authorized to be appropriated to the Secretary for the use of Amtrak for operating costs 

the following amounts: (1) For fiscal year 2009, $530,000,000. 

(2) For fiscal year 2010, $580,000,000. 

(3) For fiscal year 2011, $592,000,000. 

(4) For fiscal year 2012, $616,000,000. 

(5) For fiscal year 2013, $631,000,000. 

(b) INSPECTOR GENERAL.—There are authorized to be appropriated to the Secretary for the Office of the Inspector General 

of Amtrak the following amounts: 

(1) For fiscal year 2009, $20,000,000. 

(2) For fiscal year 2010, $21,000,000. 

(3) For fiscal year 2011, $22,000,000. 

(4) For fiscal year 2012, $22,000,000. 

(5) For fiscal year 2013, $23,000,000. 

(c) CAPITAL GRANTS.—There are authorized to be appropriated 

to the Secretary for the use of Amtrak for capital projects (as 

defined in subparagraphs (A) and (B) of section 24401(2) of title 

49, United States Code) to bring the Northeast Corridor (as defined 

in section 24102 of such title) to a state-of-good-repair and for 

capital expenses of the national rail passenger transportation 

system the following amounts: (1) For fiscal year 2009, $715,000,000. 

(2) For fiscal year 2010, $975,000,000. 

(3) For fiscal year 2011, $1,025,000,000. 

(4) For fiscal year 2012, $1,275,000,000. 

(5) For fiscal year 2013, $1,325,000,000. 

(d) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 

withhold up to 1⁄2 of 1 percent of amounts appropriated pursuant 

to subsection (c) for the costs of project management oversight 

of capital projects carried out by Amtrak. 

SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES. 

(a) PRINCIPAL AND INTEREST ON DEBT SERVICE.—There are 

authorized to be appropriated to the Secretary for the use of Amtrak 

49 USC 24101 

note. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 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 

49 USC 24102. 


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122 STAT. 4910 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(D) short-distance corridors, or routes of not more 

than 750 miles between endpoints, operated by— 

‘‘(i) Amtrak; or 

‘‘(ii) another rail carrier that receives funds under 

chapter 244.’’. 

(b) AMTRAK ROUTES WITH STATE FUNDING.— 

(1) IN GENERAL.—Chapter 247 is amended by inserting 

after section 24701 the following: 

‘‘§ 24702. Transportation requested by States, authorities, 

and other persons 

‘‘(a) CONTRACTS FOR TRANSPORTATION.—Amtrak may enter into 

a contract with a State, a regional or local authority, or another 

person for Amtrak to operate an intercity rail service or route 

not included in the national rail passenger transportation system 

upon such terms as the parties thereto may agree. 

‘‘(b) DISCONTINUANCE.—Upon termination of a contract entered 

into under this section, or the cessation of financial support under 

such a contract by either party, Amtrak may discontinue such 

service or route, notwithstanding any other provision of law.’’. 

(2) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 247 is amended by inserting after the item relating 

to section 24701 the following: 

‘‘24702. Transportation requested by States, authorities, and other persons’’. 

(c) AMTRAK TO CONTINUE TO PROVIDE NON-HIGH-SPEED SERVICES.—Nothing in this division is intended to preclude Amtrak 

from restoring, improving, or developing non-high-speed intercity 

passenger rail service. 

(d) APPLICABILITY OF SECTION 24706.—Section 24706 is 

amended by adding at the end the following: 

‘‘(c) APPLICABILITY.—This section applies to all service over 

routes provided by Amtrak, notwithstanding any provision of section 

24701 of this title or any other provision of this title except section 

24702(b).’’. 

(e) AMTRAK’S MISSION.— 

(1) AMENDMENTS.—Section 24101 is amended— 

(A) by striking ‘‘purpose’’ in the section heading and 

inserting ‘‘mission’’; 

(B) by striking subsection (b) and inserting the following: 

‘‘(b) MISSION.—The mission of Amtrak is to provide efficient 

and effective intercity passenger rail mobility consisting of high 

quality service that is trip-time competitive with other intercity 

travel options and that is consistent with the goals of subsection 

(d).’’; 

(C) by redesignating paragraphs (9) through (11) in 

subsection (c) as paragraphs (10) through (12), respectively, 

and inserting after paragraph (8) the following: 

‘‘(9) provide additional or complementary intercity transportation service to ensure mobility in times of national disaster 

or other instances where other travel options are not adequately 

available;’’; and 

(D) in subsection (d), by striking ‘‘subsection (c)(11)’’ 

and inserting ‘‘subsection (c)(12)’’. 

49 USC 24706. 

49 USC 24101 

note. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 24302 is amended to read as follows: 

‘‘§ 24302. Board of directors 

‘‘(a) COMPOSITION AND TERMS.— 

‘‘(1) The Amtrak Board of Directors (referred to in this 

section as the ‘Board’) is composed of the following 9 directors, 

each of whom must be a citizen of the United States: 

‘‘(A) The Secretary of Transportation. 

‘‘(B) The President of Amtrak. 

‘‘(C) 7 individuals appointed by the President of the 

United States, by and with the advice and consent of the 

Senate, with general business and financial experience, 

experience or qualifications in transportation, freight and 

passenger rail transportation, travel, hospitality, cruise 

line, or passenger air transportation businesses, or representatives of employees or users of passenger rail 

transportation or a State government. 

‘‘(2) In selecting individuals described in paragraph (1) 

for nominations for appointments to the Board, the President 

shall consult with the Speaker of the House of Representatives, 

the minority leader of the House of Representatives, the 

majority leader of the Senate, and the minority leader of the 

Senate and try to provide adequate and balanced representation 

of the major geographic regions of the United States served 

by Amtrak. 

‘‘(3) An individual appointed under paragraph (1)(C) of 

this subsection shall be appointed for a term of 5 years. Such 

term may be extended until the individual’s successor is 

appointed and qualified. Not more than 5 individuals appointed 

under paragraph (1)(C) may be members of the same political 

party. 

‘‘(4) The Board shall elect a chairman and a vice chairman, 

other than the President of Amtrak, from among its membership. The vice chairman shall serve as chairman in the absence 

of the chairman. 

‘‘(5) The Secretary may be represented at Board meetings 

by the Secretary’s designee. 

‘‘(b) PAY AND EXPENSES.—Each director not employed by the 

United States Government or Amtrak is entitled to reasonable 

pay when performing Board duties. Each director not employed 

by the United States Government is entitled to reimbursement 

from Amtrak for necessary travel, reasonable secretarial and professional staff support, and subsistence expenses incurred in attending 

Board meetings. 

‘‘(c) TRAVEL.—(1) Each director not employed by the United 

States Government shall be subject to the same travel and 

reimbursable business travel expense policies and guidelines that 

apply to Amtrak’s executive management when performing Board 

duties. 

President. 

Consultation. 

President. 

49 USC 24302. 


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‘‘(2) Not later than 60 days after the end of each fiscal year, 

the Board shall submit a report describing all travel and reimbursable business travel expenses paid to each director when performing 

Board duties to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

‘‘(3) The report submitted under paragraph (2) shall include 

a detailed justification for any travel or reimbursable business 

travel expense that deviates from Amtrak’s travel and reimbursable 

business travel expense policies and guidelines. 

‘‘(d) VACANCIES.—A vacancy on the Board is filled in the same 

way as the original selection, except that an individual appointed 

by the President of the United States under subsection (a)(1)(C) 

of this section to fill a vacancy occurring before the end of the 

term for which the predecessor of that individual was appointed 

is appointed for the remainder of that term. A vacancy required 

to be filled by appointment under subsection (a)(1)(C) must be 

filled not later than 120 days after the vacancy occurs. 

‘‘(e) QUORUM.—A majority of the members serving shall constitute a quorum for doing business. 

‘‘(f) BYLAWS.—The Board may adopt and amend bylaws governing the operation of Amtrak. The bylaws shall be consistent 

with this part and the articles of incorporation.’’. 

(b) EFFECTIVE DATE FOR DIRECTORS’ PROVISION.—The amendment made by subsection (a) shall take effect 6 months after the 

date of enactment of this Act. The members of the Amtrak Board 

of Directors serving as of the date of enactment of this Act may 

continue to serve for the remainder of the term to which they 

were appointed. 

SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING 

SYSTEM. 

(a) IN GENERAL.—The Amtrak Board of Directors— 

(1) may employ an independent financial consultant with 

experience in railroad accounting to assist Amtrak in improving 

Amtrak’s financial accounting and reporting system and practices; 

(2) shall implement a modern financial accounting and 

reporting system not later than 3 years after the date of enactment of this Act; and 

(3) shall, not later than 90 days after the end of each 

fiscal year through fiscal year 2013— 

(A) submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of 

the Senate a comprehensive report that allocates all of 

Amtrak’s revenues and costs to each of its routes, each 

of its lines of business, and each major activity within 

each route and line of business activity, including— 

(i) train operations; 

(ii) equipment maintenance; 

(iii) food service; 

(iv) sleeping cars; 

(v) ticketing; 

(vi) reservations; and 

(vii) unallocated fixed overhead costs; 

Reports. 

Deadlines. 

49 USC 24101 

note. 

Deadline. 

Deadline. 

Reports. 


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(B) include the report described in subparagraph (A) 

in Amtrak’s annual report; and 

(C) post such report on Amtrak’s website. 

(b) VERIFICATION OF SYSTEM; REPORT.—The Inspector General 

of the Department of Transportation shall review the accounting 

system designed and implemented under subsection (a) to ensure 

that it accomplishes the purposes for which it is intended. The 

Inspector General shall report his or her findings and conclusions, 

together with any recommendations, to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate. 

(c) CATEGORIZATION OF REVENUES AND EXPENSES.—In carrying 

out subsection (a), the Amtrak Board of Directors shall separately 

categorize assigned revenues and attributable expenses by type 

of service, including long-distance routes, State-sponsored routes, 

commuter contract routes, and Northeast Corridor routes. 

SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN. 

(a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—The Amtrak 

Board of Directors shall submit an annual budget and business 

plan for Amtrak, and a 5-year financial plan for the fiscal year 

to which that budget and business plan relate and the subsequent 

4 years, prepared in accordance with this section, to the Secretary 

and the Inspector General of the Department of Transportation 

no later than— 

(1) the first day of each fiscal year beginning after the 

date of enactment of this Act; or 

(2) the date that is 60 days after the date of enactment 

of an appropriations Act for the fiscal year, if later. 

(b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 5-year financial 

plan for Amtrak shall include, at a minimum— 

(1) all projected revenues and expenditures for Amtrak, 

including governmental funding sources; 

(2) projected ridership levels for all Amtrak passenger operations; 

(3) revenue and expenditure forecasts for non-passenger 

operations; 

(4) capital funding requirements and expenditures necessary to maintain passenger service in order to accommodate 

predicted ridership levels and predicted sources of capital 

funding; 

(5) operational funding needs, if any, to maintain current 

and projected levels of passenger service, including State-supported routes and predicted funding sources; 

(6) projected capital and operating requirements, ridership, 

and revenue for any new passenger service operations or service 

expansions; 

(7) an assessment of the continuing financial stability of 

Amtrak, as indicated by factors such as anticipated Federal 

funding of capital and operating costs, Amtrak’s ability to efficiently recruit, retain, and manage its workforce, and Amtrak’s 

ability to effectively provide passenger rail service; 

(8) estimates of long-term and short-term debt and associated principal and interest payments (both current and anticipated); 

(9) annual cash flow forecasts; 

Deadline. 

49 USC 24101 

note. 

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122 STAT. 4914 PUBLIC LAW 110–432—OCT. 16, 2008 

(10) a statement describing methods of estimation and 

significant assumptions; 

(11) specific measures that demonstrate measurable 

improvement year over year in the financial results of Amtrak’s 

operations; 

(12) prior fiscal year and projected operating ratio, cash 

operating loss, and cash operating loss per passenger on a 

route, business line, and corporate basis; 

(13) prior fiscal year and projected specific costs and 

savings estimates resulting from reform initiatives; 

(14) prior fiscal year and projected labor productivity statistics on a route, business line, and corporate basis; 

(15) prior fiscal year and projected equipment reliability 

statistics; and 

(16) capital and operating expenditures for anticipated 

security needs. 

(c) STANDARDS TO PROMOTE FINANCIAL STABILITY.—In meeting 

the requirements of subsection (b), Amtrak shall— 

(1) apply sound budgetary practices, including reducing 

costs and other expenditures, improving productivity, 

increasing revenues, or combinations of such practices; 

(2) use the categories specified in the financial accounting 

and reporting system developed under section 203 when preparing its 5-year financial plan; and 

(3) ensure that the plan is consistent with the authorizations of appropriations under title I of this division. 

(d) REVIEW BY DOT INSPECTOR GENERAL.—Within 60 days after 

their submission by Amtrak, the Inspector General of the Department of Transportation shall review the annual budget and the 

5-year financial plans prepared by Amtrak under this section to 

determine whether they meet the requirements of subsection (b) 

and shall furnish any relevant findings to the Committee on 

Transportation and Infrastructure of the House of Representatives, 

the Committee on Appropriations of the House of Representatives, 

the Committee on Commerce, Science, and Transportation of the 

Senate, and the Committee on Appropriations of the Senate. 

SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES. 

(a) IN GENERAL.—The Secretary of the Treasury, in consultation 

with the Secretary and Amtrak, may make agreements to restructure Amtrak’s indebtedness as of the date of enactment of this 

Act. This authorization expires 2 years after the date of enactment 

of this Act. 

(b) DEBT RESTRUCTURING.—The Secretary of the Treasury, in 

consultation with the Secretary and Amtrak, shall enter into negotiations with the holders of Amtrak debt, including leases, outstanding as of the date of enactment of this Act for the purpose 

of restructuring (including repayment) and repaying that debt. The 

Secretary of the Treasury may secure agreements for restructuring 

or repayment on such terms as the Secretary of the Treasury 

deems favorable to the interests of the United States Government. 

(c) CRITERIA.—In restructuring Amtrak’s indebtedness, the Secretary of the Treasury and Amtrak— 

(1) shall take into consideration repayment costs, the term 

of any loan or loans, and market conditions; and 

(2) shall ensure that the restructuring results in significant 

savings to Amtrak and the United States Government. 

Expiration date. 

49 USC 24101 

note. 

Deadline. 


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(d) PAYMENT OF RENEGOTIATED DEBT.—If the criteria under 

subsection (c) are met, the Secretary of the Treasury may assume 

or repay the restructured debt, as appropriate. 

(e) AMTRAK PRINCIPAL AND INTEREST PAYMENTS.— 

(1) PRINCIPAL ON DEBT SERVICE.—Unless the Secretary of 

the Treasury makes sufficient payments to creditors under 

subsection (d) so that Amtrak is required to make no payments 

to creditors in a fiscal year, the Secretary shall use funds 

authorized by section 102 of this division for the use of Amtrak 

for retirement of principal or payment of interest on loans 

for capital equipment, or capital leases. 

(2) REDUCTIONS IN AUTHORIZATION LEVELS.—Whenever 

action taken by the Secretary of the Treasury under subsection 

(a) results in reductions in amounts of principal or interest 

that Amtrak must service on existing debt, the corresponding 

amounts authorized by section 102 shall be reduced accordingly. 

(f) LEGAL EFFECT OF PAYMENTS UNDER THIS SECTION.—The 

payment of principal and interest on secured debt, other than 

debt assumed under subsection (d), with the proceeds of grants 

under subsection (e) shall not— 

(1) modify the extent or nature of any indebtedness of 

Amtrak to the United States in existence as of the date of 

enactment of this Act; 

(2) change the private nature of Amtrak’s or its successors’ 

liabilities; or 

(3) imply any Federal guarantee or commitment to amortize 

Amtrak’s outstanding indebtedness. 

(g) SECRETARY APPROVAL.—Amtrak may not incur more debt 

after the date of enactment of this Act without the express advance 

approval of the Secretary. 

(h) REPORT.—The Secretary of the Treasury shall transmit 

a report to the Committee on Transportation and Infrastructure 

of the House of Representatives, the Committee on Appropriations 

of the House of Representatives, the Committee on Commerce, 

Science, and Transportation of the Senate, and the Committee 

on Appropriations of the Senate, by June 1, 2010— 

(1) describing in detail any agreements to restructure the 

Amtrak debt; and 

(2) providing an estimate of the savings to Amtrak and 

the United States Government. 

SEC. 206. ESTABLISHMENT OF GRANT PROCESS. 

(a) GRANT REQUESTS.—Amtrak shall submit grant requests 

(including a schedule for the disbursement of funds), consistent 

with the requirements of this division, to the Secretary for funds 

authorized to be appropriated to the Secretary for the use of Amtrak 

under sections 101(a), (b), and (c), 102, 219(b), and 302. 

(b) PROCEDURES FOR GRANT REQUESTS.—The Secretary shall 

establish substantive and procedural requirements, including schedules, for grant requests under this section not later than 30 days 

after the date of enactment of this Act and shall transmit copies 

of such requirements and schedules to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate. As part of those requirements, the Secretary shall require, 

at a minimum, that Amtrak deposit grant funds, consistent with 

Requirements. 

Deadline. 

49 USC 24101 

note. 


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the appropriated amounts for each area of expenditure in a given 

fiscal year, in the following 2 accounts: 

(1) The Amtrak Operating account. 

(2) The Amtrak General Capital account. 

Amtrak may not transfer such funds to another account or expend 

such funds for any purpose other than the purposes covered by 

the account in which the funds are deposited without approval 

by the Secretary. 

(c) REVIEW AND APPROVAL.— 

(1) 30-DAY APPROVAL PROCESS.—The Secretary shall complete the review of a grant request (including the disbursement 

schedule) and approve or disapprove the request within 30 

days after the date on which Amtrak submits the grant request. 

If the Secretary disapproves the request or determines that 

the request is incomplete or deficient, the Secretary shall 

include the reason for disapproval or the incomplete items 

or deficiencies in a notice to Amtrak. 

(2) 15-DAY MODIFICATION PERIOD.—Within 15 days after 

receiving notification from the Secretary under the preceding 

sentence, Amtrak shall submit a modified request for the Secretary’s review. 

(3) REVISED REQUESTS.—Within 15 days after receiving 

a modified request from Amtrak, the Secretary shall either 

approve the modified request, or, if the Secretary finds that 

the request is still incomplete or deficient, the Secretary shall 

identify in writing to the Committee on Transportation and 

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

the remaining deficiencies and recommend a process for 

resolving the outstanding portions of the request. 

SEC. 207. METRICS AND STANDARDS. 

(a) IN GENERAL.—Within 180 days after the date of enactment 

of this Act, the Federal Railroad Administration and Amtrak shall 

jointly, in consultation with the Surface Transportation Board, rail 

carriers over whose rail lines Amtrak trains operate, States, Amtrak 

employees, nonprofit employee organizations representing Amtrak 

employees, and groups representing Amtrak passengers, as appropriate, develop new or improve existing metrics and minimum 

standards for measuring the performance and service quality of 

intercity passenger train operations, including cost recovery, ontime performance and minutes of delay, ridership, on-board services, 

stations, facilities, equipment, and other services. Such metrics, 

at a minimum, shall include the percentage of avoidable and fully 

allocated operating costs covered by passenger revenues on each 

route, ridership per train mile operated, measures of on-time 

performance and delays incurred by intercity passenger trains on 

the rail lines of each rail carrier and, for long-distance routes, 

measures of connectivity with other routes in all regions currently 

receiving Amtrak service and the transportation needs of communities and populations that are not well-served by other forms 

of intercity transportation. Amtrak shall provide reasonable access 

to the Federal Railroad Administration in order to enable the 

Administration to carry out its duty under this section. 

(b) QUARTERLY REPORTS.—The Administrator of the Federal 

Railroad Administration shall collect the necessary data and publish 

Publication. 

Deadline. 

49 USC 24101 

note. 

Notification. 

Deadlines. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS. 

(a) METHODOLOGY DEVELOPMENT.—Within 180 days after the 

date of enactment of this Act, the Federal Railroad Administration 

shall obtain the services of a qualified independent entity to develop 

and recommend objective methodologies for Amtrak to use in determining what intercity passenger routes and services it will provide, 

including the establishment of new routes, the elimination of 

existing routes, and the contraction or expansion of services or 

frequencies over such routes. In developing such methodologies, 

the entity shall consider— 

(1) the current or expected performance and service quality 

of intercity passenger train operations, including cost recovery, 

on-time performance and minutes of delay, ridership, on-board 

services, stations, facilities, equipment, and other services; 

(2) connectivity of a route with other routes; 

(3) the transportation needs of communities and populations that are not well served by intercity passenger rail 

service or by other forms of intercity transportation; 

(4) Amtrak’s and other major intercity passenger rail 

service providers in other countries’ methodologies for determining intercity passenger rail routes and services; and 

(5) the views of the States and other interested parties. 

(b) SUBMITTAL TO CONGRESS.—Within 1 year after the date 

of enactment of this Act, the entity shall submit recommendations 

developed under subsection (a) to Amtrak, the Committee on 

Transportation and Infrastructure of the House of Representatives, 

and the Committee on Commerce, Science, and Transportation of 

the Senate. 

(c) CONSIDERATION OF RECOMMENDATIONS.—Within 90 days 

after receiving the recommendations developed under subsection 

(a) by the entity, the Amtrak Board of Directors shall consider 

the adoption of those recommendations. The Board shall transmit 

a report to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate explaining its reasons 

for adopting or not adopting the recommendations. 

SEC. 209. STATE-SUPPORTED ROUTES. 

(a) IN GENERAL.—Within 2 years after the date of enactment 

of this Act, the Amtrak Board of Directors, in consultation with 

the Secretary, the governors of each relevant State, and the Mayor 

Deadline. 

49 USC 24101 

note. 

Reports. 

Recommendations. 

Deadlines. 

49 USC 24101 

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122 STAT. 4918 PUBLIC LAW 110–432—OCT. 16, 2008 

of the District of Columbia, or entities representing those officials, 

shall develop and implement a single, nationwide standardized 

methodology for establishing and allocating the operating and capital costs among the States and Amtrak associated with trains 

operated on each of the routes described in section 24102(5)(B) 

and (D) and section 24702 that— 

(1) ensures, within 5 years after the date of enactment 

of this Act, equal treatment in the provision of like services 

of all States and groups of States (including the District of 

Columbia); and 

(2) allocates to each route the costs incurred only for the 

benefit of that route and a proportionate share, based upon 

factors that reasonably reflect relative use, of costs incurred 

for the common benefit of more than 1 route. 

(b) REVISIONS.—The Amtrak Board of Directors, in consultation 

with the Secretary, the governors of each relevant State, and the 

Mayor of the District of Columbia, or entities representing those 

officials, may revise or amend the methodology established under 

subsection (a) as necessary, consistent with the intent of this section, including revisions or modifications based on Amtrak’s financial accounting system developed pursuant to section 203 of this 

division. 

(c) REVIEW.—If Amtrak and the States (including the District 

of Columbia) in which Amtrak operates such routes do not voluntarily adopt and implement the methodology developed under subsection (a) in allocating costs and determining compensation for 

the provision of service in accordance with the date established 

therein, the Surface Transportation Board shall determine the 

appropriate methodology required under subsection (a) for such 

services in accordance with the procedures and procedural schedule 

applicable to a proceeding under section 24904(c) of title 49, United 

States Code, and require the full implementation of this methodology with regards to the provision of such service within 1 year 

after the Board’s determination of the appropriate methodology. 

(d) USE OF CHAPTER 244 FUNDS.—Funds provided to a State 

under chapter 244 of title 49, United States Code, may be used, 

as provided in that chapter, to pay capital costs determined in 

accordance with this section. 

SEC. 210. LONG-DISTANCE ROUTES. 

(a) IN GENERAL.—Chapter 247 is amended by adding at the 

end thereof the following: 

‘‘§ 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. 

Deadline. 

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‘‘(b) PERFORMANCE IMPROVEMENT PLAN.—Amtrak shall develop 

and post on its website a performance improvement plan for its 

long-distance passenger rail routes to achieve financial and operating improvements based on the data collected through the application of the financial and performance metrics developed under section 207 of that Act. The plan shall address— 

‘‘(1) on-time performance; 

‘‘(2) scheduling, frequency, routes, and stops; 

‘‘(3) the feasibility of restructuring service into connected 

corridor service; 

‘‘(4) performance-related equipment changes and capital 

improvements; 

‘‘(5) on-board amenities and service, including food, first 

class, and sleeping car service; 

‘‘(6) State or other non-Federal financial contributions; 

‘‘(7) improving financial performance; 

‘‘(8) anticipated Federal funding of operating and capital 

costs; and 

‘‘(9) other aspects of Amtrak’s long-distance passenger rail 

routes that affect the financial, competitive, and functional 

performance of service on Amtrak’s long-distance passenger 

rail routes. 

‘‘(c) IMPLEMENTATION.—Amtrak shall implement the performance improvement plan developed under subsection (b)— 

‘‘(1) beginning in fiscal year 2010 for those routes identified 

as being in the worst performing third under subsection (a)(2); 

‘‘(2) beginning in fiscal year 2011 for those routes identified 

as being in the second best performing third under subsection 

(a)(2); and 

‘‘(3) beginning in fiscal year 2012 for those routes identified 

as being in the best performing third under subsection (a)(2). 

‘‘(d) ENFORCEMENT.—The Federal Railroad Administration shall 

monitor the development, implementation, and outcome of improvement plans under this section. If the Federal Railroad Administration determines that Amtrak is not making reasonable progress 

in implementing its performance improvement plan or, after the 

performance improvement plan is implemented under subsection 

(c)(1) in accordance with the terms of that plan, Amtrak has not 

achieved the outcomes it has established for such routes, under 

the plan for any calendar year, the Federal Railroad Administration— 

‘‘(1) shall notify Amtrak, the Inspector General of the 

Department of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and 

the Committee on Commerce, Science, and Transportation of 

the Senate of its determination under this subsection; 

‘‘(2) shall provide Amtrak with an opportunity for a hearing 

with respect to that determination; and 

‘‘(3) may withhold appropriated funds otherwise available 

to Amtrak for the operation of a route or routes from among 

the worst performing third of routes currently served by Amtrak 

on which Amtrak is not making reasonable progress, other 

than funds made available for passenger safety or security 

measures.’’. 

Notification. 

Web site. 


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122 STAT. 4920 PUBLIC LAW 110–432—OCT. 16, 2008 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 247 is amended by inserting after the item relating to 

section 24709 the following: 

‘‘24710. Long distance routes.’’. 

SEC. 211. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN. 

(a) IN GENERAL.—Within 6 months after the date of enactment 

of this Act, Amtrak, in consultation with the Secretary and the 

States (including the District of Columbia) that make up the Northeast Corridor (as defined in section 24102 of title 49, United States 

Code), shall prepare a capital spending plan for capital projects 

required to return the railroad right-of-way (including track, signals, 

and auxiliary structures), facilities, stations, and equipment, of 

the Northeast Corridor main line to a state-of-good-repair by the 

end of fiscal year 2018, consistent with the funding levels authorized 

in this division, and shall submit the plan to the Secretary. 

(b) REVIEW AND APPROVAL BY THE SECRETARY.— 

(1) 60-DAY APPROVAL PROCESS.—The Secretary shall complete the review of the capital spending plan and approve 

or disapprove the plan within 60 days after the date on which 

Amtrak submits the plan. During review, the Secretary may 

seek comments from the Commission established under section 

24905 of title 49, United States Code, and other Northeast 

Corridor users regarding the plan. If the Secretary disapproves 

the plan or determines that the plan is incomplete or deficient, 

the Secretary shall include the reason for disapproval or the 

incomplete items or deficiencies in a notice to Amtrak. 

(2) 15-DAY MODIFICATION PERIOD.—Within 15 days after 

receiving notification from the Secretary under paragraph (1), 

Amtrak shall submit a modified plan for the Secretary’s review. 

(3) REVISED REQUESTS.—Within 15 days after receiving 

a modified plan from Amtrak, the Secretary shall either approve 

the modified plan, or, if the Secretary finds that the plan 

is still incomplete or deficient, the Secretary shall identify 

in writing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate the 

remaining deficiencies and recommend a process for resolving 

the outstanding portions of the plan. 

(c) PLAN UPDATES.—The plan shall be updated at least annually 

and the Secretary shall review and approve such updates, in accordance with the procedures described in subsection (b). 

(d) GRANTS.—The Secretary shall make grants to Amtrak with 

funds authorized by section 101(c) for Northeast Corridor capital 

investments contained within the capital spending plan prepared 

by Amtrak and approved by the Secretary. 

(e) OVERSIGHT.—Using the funds authorized by section 101(d), 

the Secretary shall review Amtrak’s capital expenditures funded 

by this section to ensure that such expenditures are consistent 

with the capital spending plan and that Amtrak is providing adequate project management oversight and fiscal controls. 

(f) ELIGIBILITY OF EXPENDITURES.—The Federal share of 

expenditures for capital improvements under this section may not 

exceed 100 percent. 

Deadline. 

Deadlines. 

Deadline. 

49 USC 24902 

note. 


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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4921 

SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 

IMPROVEMENTS. 

(a) IN GENERAL.—Section 24905 is amended to read as follows: 

‘‘§ 24905. Northeast Corridor Infrastructure and Operations 

Advisory Commission; Safety Committee 

‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS

ADVISORY COMMISSION.— ‘‘(1) Within 180 days after the date of enactment of the 

Passenger Rail Investment and Improvement Act of 2008, the 

Secretary of Transportation shall establish a Northeast Corridor Infrastructure and Operations Advisory Commission 

(referred to in this section as the ‘Commission’) to promote 

mutual cooperation and planning pertaining to the rail operations and related activities of the Northeast Corridor. The 

Commission shall be made up of— 

‘‘(A) members representing Amtrak; 

‘‘(B) members representing the Department of 

Transportation, including the Federal Railroad Administration; 

‘‘(C) 1 member from each of the States (including the 

District of Columbia) that constitute the Northeast Corridor 

as defined in section 24102, designated by, and serving 

at the pleasure of, the chief executive officer thereof; and 

‘‘(D) non-voting representatives of freight railroad carriers using the Northeast Corridor selected by the Secretary. 

‘‘(2) The Secretary shall ensure that the membership 

belonging to any of the groups enumerated under paragraph 

(1) shall not constitute a majority of the Commission’s memberships. 

‘‘(3) The Commission shall establish a schedule and location 

for convening meetings, but shall meet no less than four times 

per fiscal year, and the Commission shall develop rules and 

procedures to govern the Commission’s proceedings. 

‘‘(4) A vacancy in the Commission shall be filled in the 

manner in which the original appointment was made. 

‘‘(5) Members shall serve without pay but shall receive 

travel expenses, including per diem in lieu of subsistence, in 

accordance with sections 5702 and 5703 of title 5. 

‘‘(6) The Chairman of the Commission shall be elected 

by the members. 

‘‘(7) The Commission may appoint and fix the pay of such 

personnel as it considers appropriate. 

‘‘(8) Upon request of the Commission, the head of any 

department or agency of the United States may detail, on 

a reimbursable basis, any of the personnel of that department 

or agency to the Commission to assist it in carrying out its 

duties under this section. 

‘‘(9) Upon the request of the Commission, the Administrator 

of General Services shall provide to the Commission, on a 

reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under 

this section. 

‘‘(10) The Commission shall consult with other entities 

as appropriate. 

‘‘(b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 

Consultation. 

Rules. 

Procedures. 

Deadline. 

Establishment. 

49 USC 24905. 


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122 STAT. 4922 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(1) STATEMENT OF GOALS.—The Commission shall develop 

a statement of goals concerning the future of Northeast Corridor 

rail infrastructure and operations based on achieving expanded 

and improved intercity, commuter, and freight rail services 

operating with greater safety and reliability, reduced travel 

times, increased frequencies and enhanced intermodal connections designed to address airport and highway congestion, 

reduce transportation energy consumption, improve air quality, 

and increase economic development of the Northeast Corridor 

region. 

‘‘(2) RECOMMENDATIONS.—The Commission shall develop 

recommendations based on the statement developed under this 

section addressing, as appropriate— 

‘‘(A) short-term and long-term capital investment needs 

beyond those specified in the state-of-good-repair plan 

under section 211 of the Passenger Rail Investment and 

Improvement Act of 2008; 

‘‘(B) future funding requirements for capital improvements and maintenance; 

‘‘(C) operational improvements of intercity passenger 

rail, commuter rail, and freight rail services; 

‘‘(D) opportunities for additional non-rail uses of the 

Northeast Corridor; 

‘‘(E) scheduling and dispatching; 

‘‘(F) safety and security enhancements; 

‘‘(G) equipment design; 

‘‘(H) marketing of rail services; 

‘‘(I) future capacity requirements; and 

‘‘(J) potential funding and financing mechanisms for 

projects of corridor-wide significance. 

‘‘(c) ACCESS COSTS.— 

‘‘(1) DEVELOPMENT OF FORMULA.—Within 2 years after the 

date of enactment of the Passenger Rail Investment and 

Improvement Act of 2008, the Commission shall— 

‘‘(A) develop a standardized formula for determining 

and allocating costs, revenues, and compensation for Northeast Corridor commuter rail passenger transportation, as 

defined in section 24102 of this title, on the Northeast 

Corridor main line between Boston, Massachusetts, and 

Washington, District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, 

Springfield, Massachusetts, and Spuyten Duyvil, New York, 

that use Amtrak facilities or services or that provide such 

facilities or services to Amtrak that ensures that— 

‘‘(i) there is no cross-subsidization of commuter 

rail passenger, intercity rail passenger, or freight rail 

transportation; 

‘‘(ii) each service is assigned the costs incurred 

only for the benefit of that service, and a proportionate 

share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit 

of more than 1 service; and 

‘‘(iii) all financial contributions made by an operator of a service that benefit an infrastructure owner 

other than the operator are considered, including but 

not limited to, any capital infrastructure investments 

and in-kind services; 

Deadline. 


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‘‘(B) develop a proposed timetable for implementing 

the formula before the end of the 6th year following the 

date of enactment of that Act; 

‘‘(C) transmit the proposed timetable to the Surface 

Transportation Board; and 

‘‘(D) at the request of a Commission member, petition 

the Surface Transportation Board to appoint a mediator 

to assist the Commission members through non-binding 

mediation to reach an agreement under this section. 

‘‘(2) IMPLEMENTATION.—Amtrak and public authorities providing commuter rail passenger transportation on the Northeast 

Corridor shall implement new agreements for usage of facilities 

or services based on the formula proposed in paragraph (1) 

in accordance with the timetable established therein. If the 

entities fail to implement such new agreements in accordance 

with the timetable, the Commission shall petition the Surface 

Transportation Board to determine the appropriate compensation amounts for such services in accordance with section 

24904(c) of this title. The Surface Transportation Board shall 

enforce its determination on the party or parties involved. 

‘‘(3) REVISIONS.—The Commission may make necessary 

revisions to the formula developed under paragraph (1), 

including revisions based on Amtrak’s financial accounting 

system developed pursuant to section 203 of the Passenger 

Rail Investment and Improvement Act of 2008. 

‘‘(d) TRANSMISSION OF STATEMENT OF GOALS AND RECOMMENDATIONS.—The Commission shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— 

‘‘(1) the statement of goals developed under subsection 

(b) within 1 year after the date of enactment of the Passenger 

Rail Investment and Improvement Act of 2008; and 

‘‘(2) the recommendations developed under subsection (b) 

and the formula and timetable developed under subsection 

(c)(1) annually. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Commission such sums as may be necessary for the period encompassing fiscal years 2009 through 2013 

to carry out this section. 

‘‘(f) NORTHEAST CORRIDOR SAFETY COMMITTEE.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a Northeast Corridor Safety Committee composed of members 

appointed by the Secretary. The members shall be representatives of— 

‘‘(A) the Department of Transportation, including the 

Federal Railroad Administration; 

‘‘(B) Amtrak; 

‘‘(C) freight carriers operating more than 150,000 train 

miles a year on the main line of the Northeast Corridor; 

‘‘(D) commuter rail agencies; 

‘‘(E) rail passengers; 

‘‘(F) rail labor; and 

‘‘(G) other individuals and organizations the Secretary 

decides have a significant interest in rail safety or security. 

‘‘(2) FUNCTION; MEETINGS.—The Secretary shall consult 

with the Committee about safety and security improvements 

Consultation. 

Establishment. 


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122 STAT. 4924 PUBLIC LAW 110–432—OCT. 16, 2008 

on the Northeast Corridor main line. The Committee shall 

meet at least two times per year to consider safety and security 

matters on the main line. 

‘‘(3) REPORT.—At the beginning of the first session of each 

Congress, the Secretary shall submit a report to the Commission and to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate on the 

status of efforts to improve safety and security on the Northeast 

Corridor main line. The report shall include the safety and 

security recommendations of the Committee and the comments 

of the Secretary on those recommendations.’’. 

(b) CONFORMING AMENDMENTS.—(1) The item relating to section 

24905 in the table of sections of chapter 249 is amended to read 

as follows: 

‘‘24905. Northeast Corridor Infrastructure and Operations Advisory Commission; 

Safety Committee.’’. 

(2) Section 24904(c)(2) is amended by— 

(A) inserting ‘‘commuter rail passenger and’’ after 

‘‘between’’; and 

(B) striking ‘‘freight’’ in the second sentence. 

(c) RIDOT ACCESS AGREEMENT.— 

(1) IN GENERAL.—Not later than July 1, 2009, Amtrak 

and the Rhode Island Department of Transportation shall enter 

into an agreement governing access fees and other costs or 

charges related to the operation of the South County commuter 

rail service on the Northeast Corridor between Providence and 

Wickford Junction, Rhode Island. 

(2) FAILURE TO REACH AGREEMENT.—If Amtrak and the 

Rhode Island Department of Transportation fail to reach the 

agreement specified under paragraph (1), the Administrator 

of the Federal Railroad Administration shall, after consultation 

with both parties, resolve any outstanding disagreements 

between the parties, including setting access fees and other 

costs or charges related to the operation of the South County 

commuter rail service that do not allow for the cross-subsidization of intercity rail passenger and commuter rail passenger 

service, not later than January 1, 2010. 

(3) INTERIM ACCESS COSTS.—Any agreement between 

Amtrak and the Rhode Island Department of Transportation 

relating to access costs made under this subsection shall be 

superseded by any access cost formula developed by the Northeast Corridor Infrastructure and Operations Advisory Commission under section 24905(c)(1) of title 49, United States Code, 

as amended by subsection (a) of this section. 

(d) HIGH-SPEED SERVICE STUDY.— 

(1) IN GENERAL.—Amtrak shall submit a report detailing 

the infrastructure and equipment improvements necessary to 

provide regular high-speed service— 

(A) between Washington, District of Columbia, and 

New York, New York, in 2 hours and 30 minutes; and 

(B) between New York, New York, and Boston, 

Massachusetts, in 3 hours and 15 minutes. 

(2) ISSUES.—The report shall include— 

(A) an estimated time frame for achieving the trip 

time described in paragraph (1); 

Reports. 

Deadlines. 

49 USC 24904. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 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, 

49 USC 24308. 


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to determine whether and to what extent delays or failure 

to achieve minimum standards are due to causes that could 

reasonably be addressed by a rail carrier over whose tracks 

the intercity passenger train operates or reasonably addressed 

by Amtrak or other intercity passenger rail operators. As part 

of its investigation, the Board has authority to review the 

accuracy of the train performance data and the extent to which 

scheduling and congestion contribute to delays. In making its 

determination or carrying out such an investigation, the Board 

shall obtain information from all parties involved and identify 

reasonable measures and make recommendations to improve 

the service, quality, and on-time performance of the train. 

‘‘(2) PROBLEMS CAUSED BY HOST RAIL CARRIER.—If the Board 

determines that delays or failures to achieve minimum standards investigated under paragraph (1) are attributable to a 

rail carrier’s failure to provide preference to Amtrak over freight 

transportation as required under subsection (c), the Board may 

award damages against the host rail carrier, including prescribing such other relief to Amtrak as it determines to be 

reasonable and appropriate pursuant to paragraph (3) of this 

subsection. 

‘‘(3) DAMAGES AND RELIEF.—In awarding damages and prescribing other relief under this subsection the Board shall consider such factors as— 

‘‘(A) the extent to which Amtrak suffers financial loss 

as a result of host rail carrier delays or failure to achieve 

minimum standards; and 

‘‘(B) what reasonable measures would adequately deter 

future actions which may reasonably be expected to be 

likely to result in delays to Amtrak on the route involved. 

‘‘(4) USE OF DAMAGES.—The Board shall, as it deems appropriate, order the host rail carrier to remit the damages awarded 

under this subsection to Amtrak or to an entity for which 

Amtrak operates intercity passenger rail service. Such damages 

shall be used for capital or operating expenditures on the 

routes over which delays or failures to achieve minimum standards were the result of a rail carrier’s failure to provide preference to Amtrak over freight transportation as determined 

in accordance with paragraph (2).’’. 

(b) FEES.—The Surface Transportation Board may establish 

and collect filing fees from any entity that files a complaint under 

section 24308(f)(1) of title 49, United States Code, or otherwise 

requests or requires the Board’s services pursuant to this division. 

The Board shall establish such fees at levels that will fully or 

partially, as the Board determines to be appropriate, offset the 

costs of adjudicating complaints under that section and other 

requests or requirements for Board action under this division. The 

Board may waive any fee established under this subsection for 

any governmental entity as determined appropriate by the Board. 

(c) AUTHORIZATION OF ADDITIONAL STAFF.—The Surface 

Transportation Board may increase the number of Board employees 

by up to 15 for the 5 fiscal year period beginning with fiscal 

year 2009 to carry out its responsibilities under section 24308 

of title 49, United States Code, and this division. 

(d) CHANGE OF REFERENCE.—Section 24308 is amended— 

(1) by striking ‘‘Interstate Commerce Commission’’ in subsection (a)(2)(A) and inserting ‘‘Surface Transportation Board’’; 

49 USC 24308. 

Waiver authority. 

49 USC 24308 

note. 

Recommendations. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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: 

‘‘§ 24711. Alternate passenger rail service pilot program 

‘‘(a) IN GENERAL.—Within 1 year after the date of enactment 

of the Passenger Rail Investment and Improvement Act of 2008, 

the Federal Railroad Administration shall complete a rulemaking 

proceeding to develop a pilot program that— 

‘‘(1) permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates a passenger rail service 

route described in subparagraph (B), (C), or (D) of section 

24102(5) or in section 24702 to petition the Administration 

to be considered as a passenger rail service provider over that 

route in lieu of Amtrak for a period not to exceed 5 years 

after the date of enactment of the Passenger Rail Investment 

and Improvement Act of 2008; 

‘‘(2) requires the Administration to notify Amtrak within 

30 days after receiving a petition under paragraph (1) and 

establish a deadline by which both the petitioner and Amtrak 

would be required to submit a bid to provide passenger rail 

service over the route to which the petition relates; 

‘‘(3) requires that each bid describe how the bidder would 

operate the route, what Amtrak passenger equipment would 

be needed, if any, what sources of non-Federal funding the 

bidder would use, including any State subsidy, among other 

things; 

‘‘(4) requires the Administration to select winning bidders 

by evaluating the bids against the financial and performance 

metrics developed under section 207 of the Passenger Rail 

Investment and Improvement Act of 2008 and to give preference 

in awarding contracts to bidders seeking to operate routes 

that have been identified as one of the five worst performing 

Amtrak routes under section 24710; 

‘‘(5) requires the Administration to execute a contract 

within a specified, limited time after the deadline established 

under paragraph (2) and award to the winning bidder— 

‘‘(A) the right and obligation to provide passenger rail 

service over that route subject to such performance standards as the Administration may require, consistent with 

the standards developed under section 207 of the Passenger 

Rail Investment and Improvement Act of 2008; and 

‘‘(B) an operating subsidy— 

‘‘(i) for the first year at a level not in excess of 

the level in effect during the fiscal year preceding 

the fiscal year in which the petition was received, 

adjusted for inflation; 

‘‘(ii) for any subsequent years at such level, 

adjusted for inflation; and 

Notification. 

Deadlines. 

Deadline. 

Regulations. 


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‘‘(6) requires that each bid contain a staffing plan describing 

the number of employees needed to operate the service, the 

job assignments and requirements, and the terms of work for 

prospective and current employees of the bidder for the service 

outlined in the bid, and such staffing plan be made available 

by the winning bidder to the public after the bid award. 

‘‘(b) ROUTE LIMITATIONS.—The Administration may not make 

the program available with respect to more than 2 Amtrak intercity 

passenger rail routes. 

‘‘(c) PERFORMANCE STANDARDS; ACCESS TO FACILITIES; 

EMPLOYEES.—If the Administration awards the right and obligation 

to provide passenger rail service over a route under the program 

to a rail carrier or rail carriers— 

‘‘(1) it shall execute a contract with the rail carrier or 

rail carriers for rail passenger operations on that route that 

conditions the operating and subsidy rights upon— 

‘‘(A) the service provider continuing to provide passenger rail service on the route that is no less frequent, 

nor over a shorter distance, than Amtrak provided on that 

route before the award; and 

‘‘(B) the service provider’s compliance with the minimum standards established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and 

such additional performance standards as the Administration may establish; 

‘‘(2) it shall, if the award is made to a rail carrier other 

than Amtrak, require Amtrak to provide access to its reservation system, stations, and facilities directly related to operations 

to any rail carrier or rail carriers awarded a contract under 

this section, in accordance with section 217 of that Act, necessary to carry out the purposes of this section; 

‘‘(3) the employees of any person used by a rail carrier 

or rail carriers (as defined in section 10102(5) of this title) 

in the operation of a route under this section shall be considered 

an employee of that carrier or carriers and subject to the 

applicable Federal laws and regulations governing similar crafts 

or classes of employees of Amtrak, including provisions under 

section 121 of the Amtrak Reform and Accountability Act of 

1997 relating to employees that provide food and beverage 

service; and 

‘‘(4) the winning bidder shall provide hiring preference 

to qualified Amtrak employees displaced by the award of the 

bid, consistent with the staffing plan submitted by the bidder 

and shall be subject to the grant conditions under section 

24405 of this title. 

‘‘(d) CESSATION OF SERVICE.—If a rail carrier or rail carriers 

awarded a route under this section cease to operate the service 

or fail to fulfill their obligations under the contract required under 

subsection (c), the Administrator, in collaboration with the Surface 

Transportation Board, shall take any necessary action consistent 

with this title to enforce the contract and ensure the continued 

provision of service, including the installment of an interim service 

provider and re-bidding the contract to operate the service. The 

entity providing service shall either be Amtrak or a rail carrier 

defined in subsection (a)(1). 

‘‘(e) ADEQUATE RESOURCES.—Before taking any action allowed 

under this section, the Secretary shall certify that the Administrator 

Certification. 


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has sufficient resources that are adequate to undertake the program 

established under this section.’’. 

(b) REPORT.—Within 1 year after the conclusion of the pilot 

program established under subsection (a), the Federal Railroad 

Administration shall submit to the Committee on Transportation 

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

a report on the results on the pilot program established under 

section 24711, and any recommendations for further action. 

(c) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 247, as amended by section 210, is amended by inserting 

after the item relating to section 24710 the following: 

‘‘24711. Alternate passenger rail service pilot program.’’. 

SEC. 215. EMPLOYEE TRANSITION ASSISTANCE. 

(a) PROVISION OF FINANCIAL INCENTIVES.—For Amtrak 

employees who are adversely affected by the cessation of the operation of a long-distance route or any other route under section 

24711 of title 49, United States Code, previously operated by 

Amtrak, the Secretary shall develop a program under which the 

Secretary may, at the Secretary’s discretion, provide grants for 

financial incentives to be provided to Amtrak employees who voluntarily terminate their employment with Amtrak and relinquish 

any legal rights to receive termination-related payments under 

any contractual agreement with Amtrak. 

(b) CONDITIONS FOR FINANCIAL INCENTIVES.—As a condition 

for receiving financial assistance grants under this section, Amtrak 

must certify that— 

(1) a reasonable attempt was made to reassign an employee 

adversely affected under section 24711 of title 49, United States 

Code, or by the elimination of any route, to other positions 

within Amtrak in accordance with any contractual agreements; 

(2) the financial assistance results in a net reduction in 

the total number of employees equal to the number receiving 

financial incentives; 

(3) the financial assistance results in a net reduction in 

total employment expense equivalent to the total employment 

expenses associated with the employees receiving financial 

incentives; and 

(4) the total number of employees eligible for terminationrelated payments will not be increased without the express 

written consent of the Secretary. 

(c) AMOUNT OF FINANCIAL INCENTIVES.—The financial incentives authorized under this section may be no greater than $100,000 

per employee. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are hereby 

authorized to be appropriated to the Secretary such sums as may 

be necessary to make grants to Amtrak to provide financial incentives under subsection (a). 

(e) TERMINATION-RELATED PAYMENTS.—If Amtrak employees 

adversely affected by the cessation of Amtrak service resulting 

from the awarding of a grant to an operator other than Amtrak 

for the operation of a route under section 24711 of title 49, United 

States Code, or any other route, previously operated by Amtrak 

do not receive financial incentives under subsection (a), then the 

Secretary shall make grants to Amtrak from funds authorized by 

Grants. 

Certification. 

49 USC 24711 

note. 


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section 101 of this division for termination-related payments to 

employees under existing contractual agreements. 

SEC. 216. SPECIAL PASSENGER TRAINS. 

Amtrak is encouraged to increase the operation of special trains 

funded by, or in partnership with, private sector operators through 

competitive contracting to minimize the need for Federal subsidies. 

Amtrak shall utilize the provisions of section 24308 of title 49, 

United States Code, when necessary to obtain access to facilities, 

train and engine crews, or services of a rail carrier or regional 

transportation authority that are required to operate such trains. 

SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES. 

If a State desires to select or selects an entity other than 

Amtrak to provide services required for the operation of an intercity 

passenger train route described in section 24102(5)(D) or 24702 

of title 49, United States Code, the State may make an agreement 

with Amtrak to use facilities and equipment of, or have services 

provided by, Amtrak under terms agreed to by the State and 

Amtrak to enable the State to utilize an entity other than Amtrak 

to provide services required for operation of the route. If the parties 

cannot agree upon terms, and the Surface Transportation Board 

finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary to carry out this provision 

and that the operation of Amtrak’s other services will not be 

impaired thereby, the Surface Transportation Board shall, within 

120 days after submission of the dispute, issue an order that the 

facilities and equipment be made available, and that services be 

provided, by Amtrak, and shall determine reasonable compensation, 

liability, and other terms for use of the facilities and equipment 

and provision of the services. Compensation shall be determined, 

as appropriate, in accordance with the methodology established 

pursuant to section 209 of this division, if available. 

SEC. 218. GENERAL AMTRAK PROVISIONS. 

(a) CONFORMING CHANGES.— 

(1) PLAN REQUIRED.—Section 24101(d) is amended— 

(A) by striking ‘‘plan to operate within the funding 

levels authorized by section 24104 of this chapter, including 

the budgetary goals for fiscal years 1998 through 2002.’’ 

and inserting ‘‘plan, consistent with section 204 of the 

Passenger Rail Investment and Improvement Act of 2008, 

including the budgetary goals for fiscal years 2009 through 

2013.’’; and 

(B) by striking the last sentence and inserting ‘‘Amtrak 

and its Board of Directors shall adopt a long-term plan 

that minimizes the need for Federal operating subsidies.’’. 

(2) AMTRAK REFORM AND ACCOUNTABILITY ACT AMENDMENTS.—Title II of the Amtrak Reform and Accountability Act 

of 1997 (49 U.S.C. 24101 nt) is amended by striking sections 

204 and 205. 

(b) LEASE ARRANGEMENTS AND OTHER PURCHASES.—Amtrak 

may obtain from the Administrator of General Services, and the 

Administrator may provide to Amtrak, services under sections 

502(a) and 602 of title 40, United States Code. 

49 USC 24305 

note. 

49 USC 24101 

note. 

49 USC 24101. 

Deadline. 

Order. 

49 USC 24702 

note. 

49 USC 24308 

note. 


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SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING INTERCITY RAIL STATIONS. 

(a) IN GENERAL.—Amtrak, in consultation with station owners 

and other railroads operating service through the existing stations 

that it serves, shall evaluate the improvements necessary to make 

these stations readily accessible to and usable by individuals with 

disabilities, as required by such section 242(e)(2) of the Americans 

with Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The evaluation 

shall include, for each applicable station, improvements required 

to bring it into compliance with the applicable parts of such section 

242(e)(2), any potential barriers to achieving compliance, including 

issues related to passenger rail station platforms, the estimated 

cost of the improvements necessary, the identification of the responsible person (as defined in section 241(5) of that Act (42 U.S.C. 

12161(5))), and the earliest practicable date when such improvements can be made. The evaluation shall also include a detailed 

plan and schedule for bringing all applicable stations into compliance with the applicable parts of section 242(e)(2) by the 2010 

statutory deadline for station accessibility. Amtrak shall submit 

the evaluation to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Commerce, 

Science, and Transportation of the Senate; the Department of 

Transportation; and the National Council on Disability by February 

1, 2009, along with recommendations for funding the necessary 

improvements. Should the Department of Transportation issue any 

rule related to transportation for individuals with disabilities by 

intercity passenger rail after Amtrak submits its evaluation, 

Amtrak shall, within 120 days after the date that such rule is 

published, submit to the above parties a supplemental evaluation 

on any impact of the rule on its cost and schedule for achieving 

full compliance. 

(b) ACCESSIBILITY IMPROVEMENTS AND BARRIER REMOVAL FOR

PEOPLE WITH DISABILITIES.—There are authorized to be appropriated to the Secretary for the use of Amtrak such sums as may 

be necessary to improve the accessibility of facilities, including 

rail platforms, and services. 

SEC. 220. OVERSIGHT OF AMTRAK’S COMPLIANCE WITH ACCESSIBILITY REQUIREMENTS. 

Using the funds authorized by section 103 of this division, 

the Federal Railroad Administration shall monitor and conduct 

periodic reviews of Amtrak’s compliance with applicable sections 

of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1974 to ensure that Amtrak’s services and facilities 

are accessible to individuals with disabilities to the extent required 

by law. 

SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY. 

(a) IN GENERAL.—Chapter 243 is amended by inserting after 

section 24309 the following: 

‘‘§ 24310. Management accountability 

‘‘(a) IN GENERAL.—Within 3 years after the date of enactment 

of the Passenger Rail Investment and Improvement Act of 2008, 

and 2 years thereafter, the Inspector General of the Department 

of Transportation shall complete an overall assessment of the 

Deadlines. 

Assessment. 

49 USC 24307 

note. 

Appropriation 

authorization. 

Plan. 

Evaluation. 

Deadlines. 

49 USC 24307 

note. 


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progress made by Amtrak management and the Department of 

Transportation in implementing the provisions of that Act. 

‘‘(b) ASSESSMENT.—The management assessment undertaken 

by the Inspector General may include a review of— 

‘‘(1) effectiveness in improving annual financial planning; 

‘‘(2) effectiveness in implementing improved financial 

accounting; 

‘‘(3) efforts to implement minimum train performance 

standards; 

‘‘(4) progress maximizing revenues, minimizing Federal 

subsidies, and improving financial results; and 

‘‘(5) any other aspect of Amtrak operations the Inspector 

General finds appropriate to review.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 243 is amended by inserting after the item relating to 

section 24309 the following: 

‘‘24310. Management accountability.’’. 

SEC. 222. ON-BOARD SERVICE IMPROVEMENTS. 

(a) IN GENERAL.—Within 1 year after metrics and standards 

are established under section 207 of this division, Amtrak shall 

develop and implement a plan to improve on-board service pursuant 

to the metrics and standards for such service developed under 

that section. 

(b) REPORT.—Amtrak shall provide a report to the Committee 

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

of the Senate on the on-board service improvements proscribed 

in the plan and the timeline for implementing such improvements. 

SEC. 223. INCENTIVE PAY. 

The Amtrak Board of Directors is encouraged to develop an 

incentive pay program for Amtrak management employees. 

SEC. 224. PASSENGER RAIL SERVICE STUDIES. 

(a) INTERCITY RAIL SERVICE STUDIES.—Within 1 year after the 

date of enactment of this Act, Amtrak shall conduct studies of 

the following routes: 

(1) The Pioneer Route between Seattle and Chicago, which 

was operated by Amtrak until 1997, to determine whether 

to reinstate passenger rail service along the route or along 

segments of the route. 

(2) The North Coast Hiawatha Route between Chicago 

and Seattle, through southern Montana, which was operated 

by Amtrak until 1979, to determine whether to reinstate passenger rail service along the route or along segments of the 

route, provided that such service will not negatively impact 

existing Amtrak routes. 

(3) Between Cornwells Heights, Pennsylvania, and New 

York, New York, to determine whether to expand passenger 

rail service by increasing the frequency of stops or reducing 

commuter ticket prices for this route. 

(4) Between Princeton Junction, New Jersey, and Philadelphia, Pennsylvania, to determine whether to expand passenger 

rail service along the route. 

Deadline. 

Deadline. 

Plan. 

49 USC 24101 

note. 


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(5) Between Harrisburg and Pittsburgh, Pennsylvania, to 

determine whether to increase frequency of passenger rail 

service along the route or along segments of the route. 

(6) The Capitol Limited Route between Cumberland, Maryland, and Pittsburgh, Pennsylvania, to determine whether to 

reinstate a station stop at Rockwood, Pennsylvania. 

(b) ASSISTANCE.—The Comptroller General of the General 

Accountability Office shall, upon request by Amtrak, assist Amtrak 

in conducting the studies under subsection (a). 

(c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The Secretary 

shall conduct— 

(A) an analysis of the Secretary’s December 1, 1998, extension of the designation of the Southeast High-Speed Rail Corridor as authorized under section 104(d)(2) of title 23, United 

States Code, including an analysis of alternative routings for 

the corridor; 

(B) a feasibility analysis regarding the expansion of the 

South Central High-Speed Rail Corridor— 

(i) to Memphis, Tennessee; 

(ii) to the Port of Houston, Texas; 

(iii) through Killeen, Texas; and 

(iv) south of San Antonio, Texas, to a location in far 

south Texas to be chosen at the discretion of the Secretary; 

and 

(C) a feasibility analysis regarding the expansion of the 

Keystone Corridor to Cleveland, Ohio. 

These analyses shall consider changes that have occurred in the 

region’s population, anticipated patterns of population growth, 

connectivity with other modes of transportation, the ability of the 

proposed corridor to reduce regional traffic congestion, and the 

ability of current and proposed routings to enhance tourism. Within 

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

submit a report on these analyses to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate, and shall redesignate or modify corridor designations based 

on these analyses, if necessary. 

(2) The Secretary shall establish a process for a State or group 

of States to petition the Secretary to redesignate or modify any 

designated high-speed rail corridors. 

SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL 

ROUTES. 

Within 6 months after the date of the enactment of this Act, 

the Inspector General of the Department of Transportation shall 

submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report that— 

(1) describes service delays and the sources of such delays 

on— 

(A) the Amtrak passenger rail route between Seattle, 

Washington, and Los Angeles, California (commonly known 

as the ‘‘Coast Starlight’’); and 

(B) the Amtrak passenger rail route between Vancouver, British Columbia, Canada, and Eugene, Oregon 

(commonly known as ‘‘Amtrak Cascades’’); and 

Deadline. 

Reports. 


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(2) contains recommendations for improving the on-time 

performance of such routes. 

SEC. 226. PLAN FOR RESTORATION OF SERVICE. 

Within 9 months after the date of enactment of this Act, Amtrak 

shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for 

restoring passenger rail service between New Orleans, Louisiana, 

and Sanford, Florida. The plan shall include a projected timeline 

for restoring such service, the costs associated with restoring such 

service, and any proposals for legislation necessary to support such 

restoration of service. In developing the plan, Amtrak shall consult 

with representatives from the States of Louisiana, Alabama, Mississippi, and Florida, railroad carriers whose tracks may be used 

for such service, rail passengers, rail labor, and other entities as 

appropriate. 

SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZATION STUDY. 

Within 9 months after the date of enactment of this Act, the 

Inspector General of the Department of Transportation shall 

transmit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on Amtrak’s 

utilization of its equipment maintenance and repair facilities, 

including the Beech Grove Mechanical Facility in Indiana. The 

report shall include an examination of Amtrak’s utilization of its 

existing equipment maintenance and repair facilities, the productivity of such facilities, and the extent to which Amtrak is maximizing opportunities for utilizing each facility, including the provision of maintenance and repair to other rail carriers. In developing 

this report, the Inspector General shall consult with the Inspector 

General of Amtrak, Amtrak management, rail labor, and other 

railroad carriers, as it deems appropriate. 

SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO MAINTAIN AMTRAK AS A NATIONAL PASSENGER RAIL SYSTEM. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) In fiscal year 2007, 3,800,000 passengers traveled on 

Amtrak’s long-distance trains, an increase of 2.4 percent over 

fiscal year 2006. 

(2) Amtrak long-distance routes generated $376,000,000 

in revenue in fiscal year 2007, an increase of 5 percent over 

fiscal year 2006. 

(3) Amtrak operates 15 long-distance trains over 18,500 

route miles that serve 39 States and the District of Columbia. 

These trains provide the only rail passenger service to 23 

States. 

(4) Amtrak’s long-distance trains provide an essential 

transportation service for many communities and to a significant percentage of the general public. 

(5) Many long-distance trains serve small communities with 

limited or no significant air or bus service, especially in remote 

or isolated areas in the United States. 

(6) As a result of airline deregulation and decisions by 

national bus carriers to leave many communities, rail transportation may provide the only feasible common carrier transportation option for a growing number of areas. 

Consultation. 

Deadline. 

Reports. 

Deadline. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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. 

‘‘§ 24401. Definitions 

‘‘In this chapter: 


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122 STAT. 4936 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(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. 

‘‘§ 24402. Capital investment grants to support intercity passenger rail service 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) The Secretary of Transportation may make grants 

under this section to an applicant to assist in financing the 

capital costs of facilities, infrastructure, and equipment necessary to provide or improve intercity passenger rail transportation. 

‘‘(2) Consistent with the requirements of this chapter, the 

Secretary shall require that a grant under this section be 

subject to the terms, conditions, requirements, and provisions 

the Secretary decides are necessary or appropriate for the purposes of this section, including requirements for the disposition 

of net increases in value of real property resulting from the 

project assisted under this section and shall prescribe procedures and schedules for the awarding of grants under this 

title, including application and qualification procedures and 

a record of decision on applicant eligibility. The Secretary shall 

issue a final rule establishing such procedures not later than 

2 years after the date of enactment of the Passenger Rail 

Investment and Improvement Act of 2008. For the period prior 

to the earlier of the issuance of such a rule or 2 years after 

the date of enactment of such Act, the Secretary shall issue 

interim guidance to applicants covering such procedures, and 

Guidance. 

Regulations. 

Deadline. 

Procedures. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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— 


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122 STAT. 4938 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(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 ontime 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— 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 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 nonFederal funds may be funded from amounts appropriated to 

Deadline. 

Notification. 


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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— 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 grants 

awarded under this subsection, the Secretary may waive requirements of this section, including state rail plan requirements, as 

appropriate. 

‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS AND STORAGE.— 

Grants under this chapter may be used to provide access to rolling 

stock for nonmotorized transportation, including bicycles, and recreational equipment, and to provide storage capacity in trains for 

such transportation, equipment, and other luggage, to ensure passenger safety. 

‘‘§ 24403. Project management oversight 

‘‘(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—To receive 

Federal financial assistance for a major capital project under this 

chapter, an applicant must prepare and carry out a project management plan approved by the Secretary of Transportation. The plan 

shall provide for— 

‘‘(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; 

Waiver authority. 


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‘‘(11) periodic updates of the plan, especially related to 

project budget and project schedule, financing, and ridership 

estimates; and 

‘‘(12) the recipient’s commitment to submit periodically a 

project budget and project schedule to the Secretary. 

‘‘(b) SECRETARIAL OVERSIGHT.— 

‘‘(1) The Secretary may use no more than 1 percent of 

amounts made available in a fiscal year for capital projects 

under this chapter to enter into contracts to oversee the 

construction of such projects. 

‘‘(2) The Secretary may use amounts available under paragraph (1) of this subsection to make contracts for safety, 

procurement, management, and financial compliance reviews 

and audits of a recipient of amounts under paragraph (1). 

‘‘(3) The Federal Government shall pay the entire cost 

of carrying out a contract under this subsection. 

‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipient of assistance under this chapter shall provide the Secretary and a contractor 

the Secretary chooses under subsection (b) of this section with 

access to the construction sites and records of the recipient when 

reasonably necessary. 

‘‘§ 24404. Use of capital grants to finance first-dollar liability 

of grant project 

‘‘Notwithstanding the requirements of section 24402 of this 

chapter, the Secretary of Transportation may approve the use of 

a capital assistance grant under this chapter to fund self-insured 

retention of risk for the first tier of liability insurance coverage 

for rail passenger service associated with the grant, but the coverage 

may not exceed $20,000,000 per occurrence or $20,000,000 in aggregate per year. 

‘‘§ 24405. Grant conditions 

‘‘(a) BUY AMERICA.—(1) The Secretary of Transportation may 

obligate an amount that may be appropriated to carry out this 

chapter for a project only if the steel, iron, and manufactured 

goods used in the project are produced in the United States. 

‘‘(2) The Secretary of Transportation may waive paragraph 

(1) of this subsection if the Secretary finds that— 

‘‘(A) applying paragraph (1) would be inconsistent with 

the public interest; 

‘‘(B) the steel, iron, and goods produced in the United 

States are not produced in a sufficient and reasonably available 

amount or are not of a satisfactory quality; 

‘‘(C) rolling stock or power train equipment cannot be 

bought and delivered in the United States within a reasonable 

time; or 

‘‘(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— 

Waiver authority. 

Payments. 


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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4943 

‘‘(A) publish in the Federal Register a detailed written 

justification as to why the waiver is needed; and 

‘‘(B) provide notice of such finding and an opportunity 

for public comment on such finding for a reasonable period 

of time not to exceed 15 days. 

‘‘(5) Not later than December 31, 2012, the Secretary shall 

submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on any waivers 

granted under paragraph (2). 

‘‘(6) The Secretary of Transportation may not make a waiver 

under paragraph (2) of this subsection for goods produced in a 

foreign country if the Secretary, in consultation with the United 

States Trade Representative, decides that the government of that 

foreign country— 

‘‘(A) has an agreement with the United States Government 

under which the Secretary has waived the requirement of this 

subsection; and 

‘‘(B) has violated the agreement by discriminating against 

goods to which this subsection applies that are produced in 

the United States and to which the agreement applies. 

‘‘(7) A person is ineligible to receive a contract or subcontract 

made with amounts authorized under this chapter if a court or 

department, agency, or instrumentality of the Government decides 

the person intentionally— 

‘‘(A) affixed a ‘Made in America’ label, or a label with 

an inscription having the same meaning, to goods sold in or 

shipped to the United States that are used in a project to 

which this subsection applies but not produced in the United 

States; or 

‘‘(B) represented that goods described in subparagraph (A) 

of this paragraph were produced in the United States. 

‘‘(8) The Secretary may not impose any limitation on assistance 

provided under this chapter that restricts a State from imposing 

more stringent requirements than this subsection on the use of 

articles, materials, and supplies mined, produced, or manufactured 

in foreign countries in projects carried out with that assistance 

or restricts a recipient of that assistance from complying with 

those State-imposed requirements. 

‘‘(9) The Secretary may allow a manufacturer or supplier of 

steel, iron, or manufactured goods to correct after bid opening 

any certification of noncompliance or failure to properly complete 

the certification (but not including failure to sign the certification) 

under this subsection if such manufacturer or supplier attests under 

penalty of perjury that such manufacturer or supplier submitted 

an incorrect certification as a result of an inadvertent or clerical 

error. The burden of establishing inadvertent or clerical error is 

on the manufacturer or supplier. 

‘‘(10) A party adversely affected by an agency action under 

this subsection shall have the right to seek review under section 

702 of title 5. 

‘‘(11) The requirements of this subsection shall only apply to 

projects for which the costs exceed $100,000. 

‘‘(b) OPERATORS DEEMED RAIL CARRIERS AND EMPLOYERS FOR

CERTAIN PURPOSES.—A person that conducts rail operations over 

rail infrastructure constructed or improved with funding provided 

in whole or in part in a grant made under this chapter shall 

Applicability. 

Deadline. 

Reports. 

Notice. 

Federal Register, 

publication. 


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122 STAT. 4944 PUBLIC LAW 110–432—OCT. 16, 2008 

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; 


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‘‘(B) establishes a procedure for notifying such an 

employee of such positions; 

‘‘(C) establishes a procedure for such an employee to 

apply for such positions; and 

‘‘(D) establishes rates of pay, rules, and working conditions. 

‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— 

‘‘(A) NEGOTIATIONS.—If the replacement of preexisting 

intercity rail passenger service occurs concurrent with or 

within a reasonable time before the commencement of the 

replacing entity’s rail passenger service, the replacing 

entity shall give written notice of its plan to replace existing 

rail passenger service to the authorized collective bargaining agent or agents for the potentially adversely 

affected employees of the predecessor provider at least 

90 days before the date on which it plans to commence 

service. Within 5 days after the date of receipt of such 

written notice, negotiations between the replacing entity 

and the collective bargaining agent or agents for the 

employees of the predecessor provider shall commence for 

the purpose of reaching agreement with respect to all matters set forth in subparagraphs (A) through (D) of paragraph (1). The negotiations shall continue for 30 days or 

until an agreement is reached, whichever is sooner. If 

at the end of 30 days the parties have not entered into 

an agreement with respect to all such matters, the unresolved issues shall be submitted for arbitration in accordance with the procedure set forth in subparagraph (B). 

‘‘(B) ARBITRATION.—If an agreement has not been 

entered into with respect to all matters set forth in subparagraphs (A) through (D) of paragraph (1) as described 

in subparagraph (A) of this paragraph, the parties shall 

select an arbitrator. If the parties are unable to agree 

upon the selection of such arbitrator within 5 days, either 

or both parties shall notify the National Mediation Board, 

which shall provide a list of seven arbitrators with experience in arbitrating rail labor protection disputes. Within 

5 days after such notification, the parties shall alternately 

strike names from the list until only 1 name remains, 

and that person shall serve as the neutral arbitrator. 

Within 45 days after selection of the arbitrator, the arbitrator shall conduct a hearing on the dispute and shall 

render a decision with respect to the unresolved issues 

among the matters set forth in subparagraphs (A) through 

(D) of paragraph (1). The arbitrator shall be guided by 

prevailing national standard rates of pay, benefits, and 

working conditions for comparable work. This decision shall 

be final, binding, and conclusive upon the parties. The 

salary and expenses of the arbitrator shall be borne equally 

by the parties; all other expenses shall be paid by the 

party incurring them. 

‘‘(3) SERVICE COMMENCEMENT.—A replacing entity under 

this subsection shall commence service only after an agreement 

is entered into with respect to the matters set forth in subparagraphs (A) through (D) of paragraph (1) or the decision of 

the arbitrator has been rendered. 

Notification. 

Lists. 

Notice. 

Deadlines. 


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122 STAT. 4946 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.—If the replacement of existing rail passenger service takes place within 3 

years after the replacing entity commences intercity passenger 

rail service, the replacing entity and the collective bargaining 

agent or agents for the adversely affected employees of the 

predecessor provider shall enter into an agreement with respect 

to the matters set forth in subparagraphs (A) through (D) 

of paragraph (1). If the parties have not entered into an agreement with respect to all such matters within 60 days after 

the date on which the replacing entity replaces the predecessor 

provider, the parties shall select an arbitrator using the procedures set forth in paragraph (2)(B), who shall, within 20 days 

after the commencement of the arbitration, conduct a hearing 

and decide all unresolved issues. This decision shall be final, 

binding, and conclusive upon the parties. 

‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OPERATIONS.—Nothing 

in this section applies to— 

‘‘(1) commuter rail passenger transportation (as defined 

in section 24102(4) of this title) operations of a State or local 

government authority (as those terms are defined in section 

5302(11) and (6), respectively, of this title) eligible to receive 

financial assistance under section 5307 of this title, or to its 

contractor performing services in connection with commuter 

rail passenger operations (as so defined); 

‘‘(2) the Alaska Railroad or its contractors; or 

‘‘(3) Amtrak’s access rights to railroad rights of way and 

facilities under current law. 

‘‘(f) LIMITATION.—No grants shall be provided under this 

chapter for commuter rail passenger transportation, as defined 

in section 24102(4) of this title. 

‘‘§ 24406. Authorization of appropriations 

‘‘There are authorized to be appropriated to the Secretary of 

Transportation for capital grants under this chapter the following 

amounts: 

‘‘(1) For fiscal year 2009, $100,000,000. 

‘‘(2) For fiscal year 2010, $300,000,000. 

‘‘(3) For fiscal year 2011, $400,000,000. 

‘‘(4) For fiscal year 2012, $500,000,000. 

‘‘(5) For fiscal year 2013, $600,000,000.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for subtitle V is amended by inserting the following after the item relating 

to chapter 243: 

‘‘244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE ................................................................................................24401’’. 

(c) ASSISTANCE.—In implementing section 24405(a) of title 49, 

United States Code, the Federal Highway Administration shall, 

upon request by the Federal Railroad Administration, assist the 

Federal Railroad Administration in developing a process for posting 

on its website or distributing via email notices of waiver requests 

received pursuant to such 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. 

49 USC 24405 

note. 

Deadlines. 

Contracts. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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: 

‘‘§ 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. 

‘‘§ 22701. Definitions 

‘‘In this subchapter: 

‘‘(1) PRIVATE BENEFIT.— 


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‘‘(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. 

‘‘§ 22702. Authority 

‘‘(a) IN GENERAL.—Each State may prepare and maintain a 

State rail plan in accordance with the provisions of this chapter. 

‘‘(b) REQUIREMENTS.—The Secretary shall establish the minimum requirements for the preparation and periodic revision of 

a State rail plan, including that a State shall— 

‘‘(1) establish or designate a State rail transportation 

authority to prepare, maintain, coordinate, and administer the 

plan; 

‘‘(2) establish or designate a State rail plan approval 

authority to approve the plan; 

‘‘(3) submit the State’s approved plan to the Secretary 

of Transportation for review; and 

‘‘(4) revise and resubmit a State-approved plan no less 

frequently than once every 5 years for reapproval by the Secretary. 

‘‘§ 22703. Purposes 

‘‘(a) PURPOSES.—The purposes of a State rail plan are as follows: 


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‘‘(1) To set forth State policy involving freight and passenger rail transportation, including commuter rail operations, 

in the State. 

‘‘(2) To establish the period covered by the State rail plan. 

‘‘(3) To present priorities and strategies to enhance rail 

service in the State that benefits the public. 

‘‘(4) To serve as the basis for Federal and State rail investments within the State. 

‘‘(b) COORDINATION.—A State rail plan shall be coordinated 

with other State transportation planning goals and programs, 

including the plan required under section 135 of title 23, and 

set forth rail transportation’s role within the State transportation 

system. 

‘‘§ 22704. Transparency; coordination; review 

‘‘(a) PREPARATION.—A State shall provide adequate and reasonable notice and opportunity for comment and other input to the 

public, rail carriers, commuter and transit authorities operating 

in, or affected by rail operations within the State, units of local 

government, and other interested parties in the preparation and 

review of its State rail plan. 

‘‘(b) INTERGOVERNMENTAL COORDINATION.—A State shall review 

the freight and passenger rail service activities and initiatives by 

regional planning agencies, regional transportation authorities, and 

municipalities within the State, or in the region in which the 

State is located, while preparing the plan, and shall include any 

recommendations made by such agencies, authorities, and municipalities as deemed appropriate by the State. 

‘‘§ 22705. Content 

‘‘(a) IN GENERAL.—Each State rail plan shall, at a minimum, 

contain the following: 

‘‘(1) An inventory of the existing overall rail transportation 

system and rail services and facilities within the State and 

an analysis of the role of rail transportation within the State’s 

surface transportation system. 

‘‘(2) A review of all rail lines within the State, including 

proposed high-speed rail corridors and significant rail line segments not currently in service. 

‘‘(3) A statement of the State’s passenger rail service objectives, including minimum service levels, for rail transportation 

routes in the State. 

‘‘(4) A general analysis of rail’s transportation, economic, 

and environmental impacts in the State, including congestion 

mitigation, trade and economic development, air quality, landuse, 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. 

Notice. 


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122 STAT. 4950 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘(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. 

‘‘§ 22706. Review 

‘‘The Secretary shall prescribe procedures for States to submit 

State rail plans for review under this title, including standardized 

format and data requirements. State rail plans completed before 

the date of enactment of the Passenger Rail Investment and 

Improvement Act of 2008 that substantially meet the requirements 

of this chapter, as determined by the Secretary, shall be deemed 

by the Secretary to have met the requirements of this chapter.’’. 

Procedures. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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. TUNNEL PROJECT. 

(a) NEW TUNNEL ALIGNMENT AND ENVIRONMENTAL REVIEW.— 

Not later than September 30, 2013, the Federal Railroad Administration, working with Amtrak, the Surface Transportation Board, 

the City of Baltimore, the State of Maryland, and rail operators 

described in subsection (b), as appropriate, shall— 

(1) select and approve, as applicable, a new rail tunnel 

alignment in Baltimore that will permit an increase in train 

speed and service reliability; and 

(2) ensure completion of the related environmental review 

process. 

(b) AFFECTED RAIL OPERATORS.—Rail operators other than 

Amtrak may participate in activities described in subsection (a) 

to the extent that they can demonstrate the intention and ability 

to contribute to the construction of the new tunnel. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for carrying out this section 

$60,000,000 for the period encompassing fiscal years 2009 through 

2013. 

SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL. 

(a) IN GENERAL.—Within 180 days after the date of enactment 

of this Act, Amtrak shall establish a Next Generation Corridor 

Equipment Pool Committee, comprised of representatives of 

Amtrak, the Federal Railroad Administration, host freight railroad 

companies, passenger railroad equipment manufacturers, interested 

States, and, as appropriate, other passenger railroad operators. 

The purpose of the Committee shall be to design, develop specifications for, and procure standardized next-generation corridor equipment. 

(b) FUNCTIONS.—The Committee may— 

(1) determine the number of different types of equipment 

required, taking into account variations in operational needs 

and corridor infrastructure; 

(2) establish a pool of equipment to be used on corridor 

routes funded by participating States; and 

(3) subject to agreements between Amtrak and States, utilize services provided by Amtrak to design, maintain and 

remanufacture equipment. 

(c) COOPERATIVE AGREEMENTS.—Amtrak and States participating in the Committee may enter into agreements for the funding, 

procurement, remanufacture, ownership, and management of corridor equipment, including equipment currently owned or leased 

by Amtrak and next-generation corridor equipment acquired as 

a result of the Committee’s actions, and may establish a corporation, 

which may be owned or jointly-owned by Amtrak, participating 

States, or other entities, to perform these functions. 

(d) FUNDING.—In addition to the authorizations provided in 

this section, capital projects to carry out the purposes of this section 

shall be eligible for grants made pursuant to chapter 244 of title 

49, United States Code. 

Deadline. 

Establishment. 

49 USC 24101 

note. 

Deadline. 

Maryland. 


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122 STAT. 4952 PUBLIC LAW 110–432—OCT. 16, 2008 

(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 nextgeneration corridor train equipment and establishing a jointlyowned corporation to manage that equipment. 

SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM. 

(a) ESTABLISHMENT AND CONTENT.—Chapter 249 is amended 

by adding at the end the following: 

‘‘§ 24910. Rail cooperative research program 

‘‘(a) IN GENERAL.—The Secretary shall establish and carry out 

a rail cooperative research program. The program shall— 

‘‘(1) address, among other matters, intercity rail passenger 

and freight rail services, including existing rail passenger and 

freight technologies and speeds, 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, 


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PUBLIC LAW 110–432—OCT. 16, 2008 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 nonhigh-speed freight or passenger rail operations; 

‘‘(11) to recommend any legislative or regulatory changes 

necessary to foster further development and implementation 

of high-speed passenger rail operations while ensuring the 

safety of such operations that are connected to or integrated 

with non-high-speed freight or passenger rail operations; 

‘‘(12) to review rail crossing safety improvements, including 

improvements using new safety technology; and 

‘‘(13) to review and develop technology designed to reduce 

train horn noise and its effect on communities, including 

broadband horn technology. 

‘‘(c) ADVISORY BOARD.— 

‘‘(1) ESTABLISHMENT.—In consultation with the heads of 

appropriate Federal departments and agencies, the Secretary 

shall establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger and freight transportation. 

‘‘(2) MEMBERSHIP.—The advisory board shall include— 

‘‘(A) representatives of State transportation agencies; 

‘‘(B) transportation and environmental economists, scientists, and engineers; and 

‘‘(C) representatives of Amtrak, the Alaska Railroad, 

freight railroads, transit operating agencies, intercity rail 

passenger agencies, railway labor organizations, and 

environmental organizations. 

‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary may 

make grants to, and enter into cooperative agreements with, the 

National Academy of Sciences to carry out such activities relating 

to the research, technology, and technology transfer activities 

described in subsection (b) as the Secretary deems appropriate. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Transportation $5,000,000 

for each of fiscal years 2010 through 2013 for carrying out this 

section.’’. 

(b) CLERICAL AMENDMENT.—The chapter analysis for chapter 

249 is amended by adding at the end the following: 

‘‘24910. Rail cooperative research program.’’. 

SEC. 307. FEDERAL RAIL POLICY. 

Section 103 is amended— 

(1) by inserting ‘‘IN GENERAL.—’’ before ‘‘The Federal’’ in 

subsection (a); 

(2) by striking the second and third sentences of subsection 

(a); 

49 USC 103. 


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(3) by inserting after subsection (a) the following: 

‘‘(b) SAFETY.—To carry out all railroad safety laws of the United 

States, the Administration is divided on a geographical basis into 

at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that 

the laws are uniformly administered and enforced among the safety 

offices.’’; and 

(4) by adding at the end the following: 

‘‘(j) ADDITIONAL DUTIES OF THE ADMINISTRATOR.—The Administrator shall— 

‘‘(1) provide assistance to States in developing State rail 

plans prepared under chapter 227 and review all State rail 

plans submitted under that section; 

‘‘(2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of 

the Nation, as determined by the Secretary in order to promote 

an integrated, cohesive, efficient, and optimized national rail 

system for the movement of goods and people; 

‘‘(3) develop a preliminary national rail plan within a year 

after the date of enactment of the Passenger Rail Investment 

and Improvement Act of 2008; 

‘‘(4) develop and enhance partnerships with the freight 

and passenger railroad industry, States, and the public concerning rail development; 

‘‘(5) support rail intermodal development and high-speed 

rail development, including high speed rail planning; 

‘‘(6) ensure that programs and initiatives developed under 

this section benefit the public and work toward achieving 

regional and national transportation goals; and 

‘‘(7) facilitate and coordinate efforts to assist freight and 

passenger rail carriers, transit agencies and authorities, 

municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance 

at the joint request of affected rail service providers and infrastructure owners relating to operations and capacity analysis, 

capital requirements, operating costs, and other research and 

planning related to corridors shared by passenger or commuter 

rail service and freight rail operations. 

‘‘(k) PERFORMANCE GOALS AND REPORTS.— 

‘‘(1) PERFORMANCE GOALS.—In conjunction with the objectives established and activities undertaken under subsection 

(j) of this section, the Administrator shall develop a schedule 

for achieving specific, measurable performance goals. 

‘‘(2) RESOURCE NEEDS.—The strategy and annual plans 

shall include estimates of the funds and staff resources needed 

to accomplish each goal and the additional duties required 

under subsection (j). 

‘‘(3) SUBMISSION WITH PRESIDENT’S BUDGET.—Beginning 

with fiscal year 2010 and each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and 

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

at the same time as the President’s budget submission, the 

Administration’s performance goals and schedule developed 

under paragraph (1), including an assessment of the progress 

of the Administration toward achieving its performance goals.’’. 

Effective date. 


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PUBLIC LAW 110–432—OCT. 16, 2008 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. 

‘‘§ 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 rightof-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. 

‘‘§ 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. 


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122 STAT. 4956 PUBLIC LAW 110–432—OCT. 16, 2008 

‘‘§ 28503. Surface Transportation Board mediation of rightsof-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. 

‘‘§ 28504. Applicability of other laws 

‘‘Nothing in this chapter shall be construed to limit a rail 

transportation provider’s right under section 28103(b) to enter into 

contracts that allocate financial responsibility for claims. 

‘‘§ 28505. Rules and regulations 

‘‘Within 1 year after the date of enactment of this section, 

the Board shall issue such rules and regulations as may be necessary to carry out this chapter.’’. 

(b) CLERICAL AMENDMENT.—The table of chapters of such subtitle is amended by adding after the item relating to chapter 283 

the following: 

‘‘285. COMMUTER RAIL MEDIATION ...............................................................28501’’. 

SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK. 

Amtrak, commuter rail entities, regional and State public 

transportation authorities, and freight railroad carriers are encouraged to engage in good faith discussions with respect to the routing 

and timing of trains to efficiently move a maximum number of 

commuter, intercity, and regional rail 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, 

Deadline. 


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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4957 

and Springfield, Massachusetts, two of the region’s commercial, 

residential, and industrial centers. 

(7) Expanded commuter rail service on the New HavenSpringfield 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 


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122 STAT. 4958 PUBLIC LAW 110–432—OCT. 16, 2008 

of biofuel and diesel fuel in order to recommend premium locomotive 

biofuel blends. 

(e) REPORT.—Within 1 year after the date of enactment of 

this Act, the Secretary shall issue the results of this study to 

the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate. 

SEC. 405. STUDY OF THE USE OF BIOBASED TECHNOLOGIES. 

Within 1 year after the date of enactment of this Act, the 

Secretary shall transmit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a report 

containing the results of a study of the feasibility of using readily 

biodegradable lubricants for freight and passenger railroad locomotives, rolling stock, or other equipment. The Secretary shall 

work with an agricultural-based lubricant testing facility or facilities to complete this study. The study shall include— 

(1) an analysis of the potential use of soy-based grease 

and soy-based hydraulic fluids to perform according to railroad 

industry standards; 

(2) an analysis of the potential use of other readily biodegradable lubricants to perform according to railroad industry 

standards; 

(3) a comparison of the health and safety of petroleumbased lubricants with biobased lubricants, which shall include 

an analysis of fire safety; and 

(4) a comparison of the environmental impact of petroleumbased lubricants with biobased lubricants, which shall include 

the rate and effects of biodegradability. 

SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE. 

(a) PLAN.—Not later than 1 year after the date of the enactment 

of this Act, Amtrak shall, in consultation with the Secretary, the 

Secretary of Homeland Security, the Washington State Department 

of Transportation, and the owners of the relevant railroad infrastructure— 

(1) develop a strategic plan to facilitate expanded passenger 

rail service across the international border between the United 

States and Canada during the 2010 Olympic Games on the 

Amtrak passenger rail route between Vancouver, British 

Columbia, Canada, and Eugene, Oregon (commonly known as 

‘‘Amtrak Cascades’’); 

(2) develop recommendations for the Department of Homeland Security to process efficiently rail passengers traveling 

on Amtrak Cascades across such international border during 

the 2010 Olympic Games; and 

(3) submit to Congress a report containing the strategic 

plan described in paragraph (1) and the recommendations 

described in paragraph (2). 

(b) TRAVEL FACILITATION.—Using existing authority or agreements, or upon reaching additional agreements with Canada, the 

Secretary and other Federal agencies, as appropriate, are authorized 

to establish facilities and procedures to conduct preclearance of 

passengers traveling on Amtrak trains from Canada to the United 

States. The Secretary shall seek to establish such facilities and 

procedures— 

Procedures. 

Reports. 

Recommendations. 

Deadline. 

49 USC 24709 

note. 

Deadline. 

Reports. 


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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4959 

(1) in Vancouver, Canada, no later than June 1, 2009; 

and 

(2) in other areas as determined appropriate by the Secretary. 

SEC. 407. HISTORIC PRESERVATION OF RAILROADS. 

(a) STUDY; OTHER ACTIONS.—The Secretary of Transportation 

shall— 

(1) conduct a study, in consultation with the Advisory 

Council on Historic Preservation, the National Conference of 

State Historic Preservation Officers, the Department of the 

Interior, appropriate representatives of the railroad industry, 

and representative stakeholders, on ways to streamline compliance with the requirements of section 303 of title 49, United 

States Code, and section 106 of the National Historic Preservation Act (16 U.S.C. 470f) for federally funded railroad infrastructure repair and improvement projects; 

(2) take immediate action to cooperate with the Alaska 

Railroad, the Alaska State Historic Preservation Office, the 

Advisory Council on Historic Preservation, and the Department 

of the Interior, in expediting the decisionmaking process for 

safety-related projects of the railroad involving property and 

facilities that have disputed historic significance; and 

(3) take immediate action to cooperate with the North 

Carolina Department of Transportation, the North Carolina 

State Historic Preservation Office, the Virginia State Historic 

Preservation Office, the Advisory Council on Historic Preservation, and the Department of the Interior, in expediting the 

decisionmaking process for safety-related railroad projects of 

the North Carolina Department of Transportation and the 

Southeast High Speed Rail Corridor involving property and 

facilities that have disputed historic significance. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall submit, to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate, a report on the results of the study conducted under 

subsection (a)(1) and the actions directed under subsection (a)(2) 

and (3). The report shall include recommendations for any regulatory or legislative amendments that may streamline compliance 

with the requirements described in subsection (a)(1) in a manner 

consistent with railroad safety and the policies and purposes of 

section 106 of the National Historic Preservation Act (16 U.S.C. 

470f), section 303 of title 49, United States Code, and section 

8(d) of Public Law 90–543 (16 U.S.C. 1247(d)). 

TITLE V—HIGH-SPEED RAIL 

SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 

(a) CORRIDOR PLANNING.—Section 26101 is amended— 

(1) in the section heading, by striking ‘‘Corridor development’’ and inserting ‘‘High-speed rail corridor planning’’; 

(2) in the heading of subsection (a), by striking ‘‘CORRIDOR

DEVELOPMENT’’ and inserting ‘‘CORRIDOR PLANNING’’; 

(3) by striking ‘‘corridor development’’ each place it appears 

and inserting ‘‘corridor planning’’; and 

49 USC 26101. 

State listing. 

Canada. 

Deadline. 


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122 STAT. 4960 PUBLIC LAW 110–432—OCT. 16, 2008 

(4) in subsection (c)(2), by striking ‘‘development’’ and 

inserting ‘‘planning’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 26104 is 

amended in paragraph (1) of subsection (a) by striking ‘‘$70,000,000’’ 

and inserting ‘‘$30,000,000’’. 

(c) CONFORMING AMENDMENT.—The item relating to section 

26101 in the table of sections of chapter 261 is amended by striking 

‘‘Corridor development’’ and inserting ‘‘High-speed rail corridor 

planning’’. 

(d) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.—Chapter 261 

is amended by adding at the end thereof the following: 

‘‘§ 26106. High-speed rail corridor development 

‘‘(a) IN GENERAL.—The Secretary of Transportation shall establish and implement a high-speed rail corridor development program. 

‘‘(b) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) APPLICANT.—The term ‘applicant’ means a State, a 

group of States, an Interstate Compact, a public 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— 

49 USC 26104. 


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‘‘(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 ontime 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; 


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‘‘(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, nongovernmental 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 


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by the Secretary to have met the requirements of paragraph 

(2)(A)(i) of this subsection. 

‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project 

financed under this section shall not exceed 80 percent of the 

project net capital cost. 

‘‘(g) ISSUANCE OF REGULATIONS.—Within 1 year after the date 

of enactment of this section, the Secretary shall issue regulations 

to carry out this section. 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary to carry out this section— ‘‘(1) $150,000,000 for fiscal year 2009; 

‘‘(2) $300,000,000 for fiscal year 2010; 

‘‘(3) $350,000,000 for fiscal year 2011; 

‘‘(4) $350,000,000 for fiscal year 2012; and 

‘‘(5) $350,000,000 for fiscal year 2013.’’. 

(e) TABLE OF SECTIONS AMENDMENT.—The table of sections 

for chapter 261 is amended by adding after the item relating to 

section 26105 the following new item: 

‘‘26106. High-speed rail corridor development.’’. 

SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS. 

(a) SOLICITATION OF PROPOSALS.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of enactment of this Act, the Secretary shall issue a request 

for proposals for projects for the financing, design, construction, 

operation, and maintenance of a high-speed intercity passenger 

rail system operating within a high-speed rail corridor, 

including— 

(A) the Northeast Corridor; 

(B) the California Corridor; 

(C) the Empire Corridor; 

(D) the Pacific Northwest Corridor; 

(E) the South Central Corridor; 

(F) the Gulf Coast Corridor; 

(G) the Chicago Hub Network; 

(H) the Florida Corridor; 

(I) the Keystone Corridor; 

(J) the Northern New England Corridor; and 

(K) the Southeast Corridor. 

(2) SUBMISSION.—Proposals shall be submitted to the Secretary not later than 270 days after the publication of such 

request for proposals under paragraph (1). 

(3) PERFORMANCE STANDARD.—Proposals submitted under 

paragraph (2) must meet any standards established by the 

Secretary. For corridors with existing intercity passenger rail 

service, proposals shall also be designed to achieve a reduction 

of existing minimum intercity rail service trip times between 

the main corridor city pairs by a minimum of 25 percent. 

In the case of a proposal submitted with respect to paragraph 

(1)(A), the proposal must be designed to achieve a 2-hour or 

less express service between Washington, District of Columbia, 

and New York City, New York. 

(4) CONTENTS.—A proposal submitted under this subsection 

shall include— 

(A) the names and qualifications of the persons submitting the proposal and the entities proposed to finance, 

Deadline. 

Deadline. 

49 USC 26106 

note. 

Deadline. 


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122 STAT. 4964 PUBLIC LAW 110–432—OCT. 16, 2008 

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; 


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(K) a description of how the project would comply 

with Federal and State environmental laws and regulations, of what the environmental impacts would result from 

the project, and how any adverse impacts would be mitigated; and 

(L) a description of the project’s impacts on highway 

and aviation congestion, energy consumption, land use, 

and economic development in the service area. 

(b) DETERMINATION AND ESTABLISHMENT OF COMMISSIONS.— 

Not later than 60 days after receipt of the proposals under subsection (a), the Secretary shall— 

(1) make a determination as to whether any such proposals— 

(A) contain the information required under subsection 

(a)(3) and (4); 

(B) are sufficiently credible to warrant further consideration; 

(C) are likely to result in a positive impact on the 

Nation’s transportation system; and 

(D) are cost-effective and in the public interest; and 

(2) establish a commission under subsection (c) for each 

corridor with one or more proposals that the Secretary determines satisfies the requirements of paragraph (1), and forward 

to each commission such proposals for review and consideration. 

(c) COMMISSIONS.— 

(1) MEMBERS.—Each commission referred to in subsection 

(b)(2) shall include— 

(A) the governors of the affected States, or their respective designees; 

(B) mayors of appropriate municipalities along the proposed corridor, or their respective designees; 

(C) a representative from each freight railroad carrier 

using the relevant corridor, if applicable; 

(D) a representative from each transit authority using 

the relevant corridor, if applicable; 

(E) representatives of nonprofit employee labor 

organizations representing affected railroad employees; and 

(D) the President of Amtrak or his or her designee. 

(2) APPOINTMENT AND SELECTION.—The Secretary shall 

appoint the members under paragraph (1). In selecting each 

commission’s members to fulfill the requirements under paragraph (1)(B) and (E), the Secretary shall consult with the 

Chairmen and Ranking Members of the Senate Committee 

on Commerce, Science, and Transportation and the House of 

Representatives Committee on Transportation and Infrastructure. 

(3) CHAIRPERSON AND VICE-CHAIRPERSON SELECTION.—The 

Chairperson and Vice-Chairperson shall be elected from among 

members of each commission. 

(4) QUORUM AND VACANCY.— 

(A) QUORUM.—A majority of the members of each 

commission shall constitute a quorum. 

(B) VACANCY.—Any vacancy in each commission shall 

not affect its powers and shall be filled in the same manner 

in which the original appointment was made. 

Consultation. 

Deadline. 


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122 STAT. 4966 PUBLIC LAW 110–432—OCT. 16, 2008 

(5) APPLICATION OF LAW.—Except where otherwise provided 

by this section, the Federal Advisory Committee Act (P.L. 92– 

463) shall apply to each commission created under this section. 

(d) COMMISSION CONSIDERATION.— (1) IN GENERAL.—Each commission established under subsection (b)(2) shall be responsible for reviewing the proposal 

or proposals forwarded to it under that subsection and not 

later than 90 days after the establishment of the commission, 

shall transmit to the Secretary a report which includes— 

(A) a summary of each proposal received; 

(B) services to be provided under each proposal, 

including projected ridership, revenues, and costs; 

(C) proposed public and private contributions for each 

proposal; 

(D) the advantages offered by the proposal over existing 

intercity passenger rail services; 

(E) public operating subsidies or assets needed for 

the proposed project; 

(F) possible risks to the public associated with the 

proposal, including risks associated with project financing, 

implementation, completion, safety, and security; 

(G) a ranked list of the proposals recommended for 

further consideration under subsection (e) in accordance 

with each proposal’s projected positive impact on the 

Nation’s transportation system; 

(H) an identification of any proposed Federal legislation 

that would facilitate implementation of the projects and 

Federal legislation that would be required to implement 

the projects; and 

(I) any other recommendations by the commission concerning the proposed projects. 

(2) VERBAL PRESENTATION.—Proposers shall be given an 

opportunity to make a verbal presentation to the commission 

to explain their proposals. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for the use of each 

commission established under subsection (b)(2) such sums as 

are necessary to carry out this section. 

(e) SELECTION BY SECRETARY.— 

(1) Not later than 60 days after receiving the recommended 

proposals of the commissions established under subsection 

(b)(2), the Secretary shall— 

(A) review such proposals and select any proposal 

which provides substantial benefits to the public and the 

national transportation system, is cost-effective, offers 

significant advantages over existing services, and meets 

other relevant factors determined appropriate by the Secretary; and 

(B) issue a report to the Committee on Transportation 

and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation 

of the Senate containing any proposal with respect to subsection (a)(1)(A) that is selected by the Secretary under 

subparagraph (A) of this paragraph, all the information 

regarding the proposal provided to the Secretary under 

subsection (d), and any other relevant information deemed 

appropriate. 

Reports. 

Deadline. 

Deadline. 

Reports. 


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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4967 

(2) Following the submission of the report under paragraph 

(1)(B), the Secretary shall transmit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing any proposal with 

respect to subparagraphs (B) through (K) of subsection (a)(1) 

that are selected by the Secretary under paragraph (1) of this 

subsection, all the information regarding the proposal provided 

to the Secretary under subsection (d), and any other relevant 

information deemed appropriate. 

(3) The report required under paragraph (2) shall not be 

submitted by the Secretary until the report submitted under 

paragraph (1) has been considered through a hearing by the 

Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate on the report submitted under 

paragraph (1)(B). 

(f) PRELIMINARY ENGINEERING.—For planning and preliminary 

engineering activities that meet the criteria of section 26101 of 

title 49, United States Code, (other than subsections (a) and (b)(2)) 

that are undertaken after the Secretary submits reports to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate as required under subsection (e), 

not to exceed $5,000,000 is authorized to be appropriated from 

funds made available under section 26104(a) of such title. Only 

1 proposal for each corridor under subsection (a) shall be eligible 

for such funds. 

(g) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.—No Federal 

agency may take any action to implement, establish, facilitate, 

or otherwise act upon any proposal submitted under this section, 

other than those actions specifically authorized by this section, 

without explicit statutory authority enacted after the date of enactment of this Act. 

(h) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) INTERCITY PASSENGER RAIL.—The term ‘‘intercity passenger rail’’ means intercity rail passenger transportation as 

defined in section 24102 of title 49, United States Code. 

(2) STATE.—The term ‘‘State’’ means any of the 50 States 

or the District of Columbia. 

(3) NORTHEAST CORRIDOR.—The term ‘‘Northeast Corridor’’ 

has the meaning given under section 24102 of title 49, United 

States Code. 

(4) HIGH-SPEED RAIL CORRIDOR.—The terms ‘‘high-speed 

rail corridor’’ and ‘‘corridor’’ mean a corridor designated by 

the Secretary pursuant to section 104(d)(2) of title 23, United 

States Code, and the Northeast Corridor. 

Appropriation 

authorization. 

Reports. 


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122 STAT. 4968 PUBLIC LAW 110–432—OCT. 16, 2008 

TITLE VI—CAPITAL AND PREVENTIVE 

MAINTENANCE PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 

SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON METROPOLITAN 

AREA TRANSIT AUTHORITY. 

(a) AUTHORIZATION.— 

(1) IN GENERAL.—Subject to the succeeding provisions of 

this section, the Secretary of Transportation is authorized to 

make grants to the Transit Authority, in addition to the contributions authorized under sections 3, 14, and 17 of the 

National Capital Transportation Act of 1969 (sec. 9–1101.01 

et seq., D.C. Official Code), for the purpose of financing in 

part the capital and preventive maintenance projects included 

in the Capital Improvement Program approved by the Board 

of Directors of the Transit Authority. 

(2) DEFINITIONS.—In this section— 

(A) the term ‘‘Transit Authority’’ means the Washington Metropolitan Area Transit Authority established 

under Article III of the Compact; and 

(B) the term ‘‘Compact’’ means the Washington Metropolitan Area Transit Authority Compact (80 Stat. 1324; 

Public Law 89–774). 

(b) USE OF FUNDS.—The Federal grants made pursuant to 

the authorization under this section shall be subject to the following 

limitations and conditions: 

(1) The work for which such Federal grants are authorized 

shall be subject to the provisions of the Compact (consistent 

with the amendments to the Compact described in subsection 

(d)). 

(2) Each such Federal grant shall be for 50 percent of 

the net project cost of the project involved, and shall be provided 

in cash from sources other than Federal funds or revenues 

from the operation of public mass transportation systems. Consistent with the terms of the amendment to the Compact 

described in subsection (d)(1), any funds so provided shall be 

solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital. 

(3) Such Federal grants may be used only for the maintenance and upkeep of the systems of the Transit Authority 

as of the date of the enactment of this Act and may not 

be used to increase the mileage of the rail system. 

(c) APPLICABILITY OF REQUIREMENTS FOR MASS TRANSPORTATION CAPITAL PROJECTS RECEIVING FUNDS UNDER FEDERAL

TRANSPORTATION LAW.—Except as specifically provided in this section, the use of any amounts appropriated pursuant to the 

authorization under this section shall be subject to the requirements 

applicable to capital projects for which funds are provided under 

chapter 53 of title 49, United States Code, except to the extent 

that the Secretary of Transportation determines that the requirements are inconsistent with the purposes of this section. 

Grants. 

Grants. 


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PUBLIC LAW 110–432—OCT. 16, 2008 122 STAT. 4969 

(d) AMENDMENTS TO COMPACT.—No amounts may be provided 

to the Transit Authority pursuant to the authorization under this 

section until the Transit Authority notifies the Secretary of 

Transportation that each of the following amendments to the Compact (and any further amendments which may be required to implement such amendments) have taken effect: 

(1)(A) An amendment requiring that all payments by the 

local signatory governments for the Transit Authority for the 

purpose of matching any Federal funds appropriated in any 

given year authorized under subsection (a) for the cost of operating and maintaining the adopted regional system are made 

from amounts derived from dedicated funding sources. 

(B) For purposes of this paragraph, the term ‘‘dedicated 

funding source’’ means any source of funding which is earmarked or required under State or local law to be used to 

match Federal appropriations authorized under this division 

for payments to the Transit Authority. 

(2) An amendment establishing an Office of the Inspector 

General of the Transit Authority. 

(3) An amendment expanding the Board of Directors of 

the Transit Authority to include 4 additional Directors 

appointed by the Administrator of General Services, of whom 

2 shall be nonvoting and 2 shall be voting, and requiring 

one of the voting members so appointed to be a regular passenger and customer of the bus or rail service of the Transit 

Authority. 

(e) ACCESS TO WIRELESS SERVICE IN METRORAIL SYSTEM.— 

(1) REQUIRING TRANSIT AUTHORITY TO PROVIDE ACCESS TO

SERVICE.—No amounts may be provided to the Transit 

Authority pursuant to the authorization under this section 

unless the Transit Authority ensures that customers of the 

rail service of the Transit Authority have access within the 

rail system to services provided by any licensed wireless provider that notifies the Transit Authority (in accordance with 

such procedures as the Transit Authority may adopt) of its 

intent to offer service to the public, in accordance with the 

following timetable: 

(A) Not later than 1 year after the date of the enactment of this Act, in the 20 underground rail station platforms with the highest volume of passenger traffic. 

(B) Not later than 4 years after such date, throughout 

the rail system. 

(2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM FOR

UPGRADES AND MAINTENANCE.—No amounts may be provided 

to the Transit Authority pursuant to the authorization under 

this section unless the Transit Authority ensures that each 

licensed wireless provider who provides service to the public 

within the rail system pursuant to paragraph (1) has access 

to the system on an ongoing basis (subject to such restrictions 

as the Transit Authority may impose to ensure that such access 

will not unduly impact rail operations or threaten the safety 

of customers or employees of the rail system) to carry out 

emergency repairs, routine maintenance, and upgrades to the 

service. 

(3) PERMITTING REASONABLE AND CUSTOMARY CHARGES.— Nothing in this subsection may be construed to prohibit the 

Transit Authority from requiring a licensed wireless provider 

Notification. 

Deadlines. 

Notification. 


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122 STAT. 4970 PUBLIC LAW 110–432—OCT. 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. 

Æ 

to pay reasonable and customary charges for access granted 

under this subsection. 

(4) REPORTS.—Not later than 1 year after the date of the 

enactment of this Act, and each of the 3 years thereafter, 

the Transit Authority shall submit to the Committee on Oversight and Government Reform of the House of Representatives 

and the Committee on Homeland Security and Governmental 

Affairs of the Senate a report on the implementation of this 

subsection. 

(5) DEFINITION.—In this subsection, the term ‘‘licensed 

wireless provider’’ means any provider of wireless services who 

is operating pursuant to a Federal license to offer such services 

to the public for profit. 

(f) AMOUNT.—There are authorized to be appropriated to the 

Secretary of Transportation for grants under this section an aggregate amount not to exceed $1,500,000,000 to be available in increments over 10 fiscal years beginning in fiscal year 2009, or until 

expended. 

(g) AVAILABILITY.—Amounts appropriated pursuant to the 

authorization under this section shall remain available until 

expended. 

Approved October 16, 2008. 

Appropriation 

authorization. 


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