(b) LEASE ARRANGEMENTS.—Amtrak may obtain 
services from the Administrator of General Services, and 
the Administrator may provide services to Amtrak, under 
section 201(b) and 211(b) of the Federal Property and Ad-
ministrative Service Act of 1949 (40 U.S.C. 481(b) and 
491(b)) for each of fiscal years 2009 through 2013. 
(c) TRAVEL FACILITATION.—Using existing authority 
or agreements, or upon reaching additional agreements 
with Canada, the Secretary of Transportation and other 
Federal agencies, as appropriate, are authorized to establish 
facilities and procedures to conduct preclearance of pas-
sengers traveling on Amtrak trains from Canada to the 
United States. The Secretary shall seek to establish such fa-
cilities and procedures in areas determined appropriate by 
the Secretary. 
SEC. 215. AMTRAK MANAGEMENT ACCOUNTABILITY. 
(a) IN GENERAL.—Chapter 243 is amended by insert-
ing after section 24309 the following: 
‘‘§ 24310. Management accountability 
‘‘(a) IN GENERAL.—Three years after the date of en-
actment of the Passenger Rail Investment and Improvement 
Act of 2008, and two years thereafter, the Inspector General 
of the Department of Transportation shall complete an over-
all assessment of the progress made by Amtrak management 
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and the Department of Transportation in implementing the 
provisions of that Act. 
‘‘(b) ASSESSMENT.—The management assessment un-
dertaken by the Inspector General may include a review 
of— 
‘‘(1) effectiveness in improving annual financial 
planning; 
‘‘(2) effectiveness in implementing improved fi-
nancial accounting; 
‘‘(3) efforts to implement minimum train per-
formance standards; 
‘‘(4) progress maximizing revenues and mini-
mizing Federal subsidies and improving financial re-
sults; 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 relat-
ing to section 24309 the following: 
‘‘24310. Management accountability.’’. 
SEC. 216. PASSENGER RAIL STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
General Accountability Office shall conduct a study to de-
termine the potential cost and benefits of expanding pas-
senger rail service options in underserved communities. 
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(b) SUBMISSION.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report containing the results of the study con-
ducted under this section to— 
(1) the Committee on Transportation and Infra-
structure of the House of Representatives; and 
(2) the Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 217. 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, in-
frastructure, and equipment for high priority rail corridor 
projects necessary to reduce congestion or facilitate rider-
ship growth in intercity passenger rail 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 
passenger rail transportation along heavily traveled 
rail corridors; and 
(2) designated by the Secretary as being suffi-
ciently advanced in development to be capable of serv-
ing the purposes described in subsection (a) on an ex-
pedited schedule. 
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(c) COMPLIANCE WITH ENVIRONMENTAL LAWS.—The 
Secretary shall not make a grant under this section for a 
project without adequate assurances that the project will be 
completed in full compliance with all applicable Federal 
and State environmental laws and regulations. 
(d) FEDERAL SHARE.—The Federal share of the cost 
of a project financed under this section shall not exceed 80 
percent. 
(e) EMPLOYEE PROTECTION.—The recipient of a grant 
under this section shall agree to comply with the standards 
of section 24312 of title 49, United States Code, as such 
section was in effect on September 1, 2003, with respect to 
the project in the same manner that the National Railroad 
Passenger Corporation is required to comply with those 
standards for construction work financed under an agree-
ment made under section 24308(a) of such title. 
SEC. 218. PLAN FOR RESTORATION OF SERVICE. 
(a) IN GENERAL.—Not later than 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 restor-
ing 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 
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restoring such service, and any proposals for legislation nec-
essary 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 appro-
priate. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation to enable Amtrak to conduct the study under this 
subsection $1,000,000. 
SEC. 219. LOCOMOTIVE BIOFUEL STUDY. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration, in consultation with the Sec-
retary of Energy and the Administrator of the Environ-
mental Protection Agency, shall conduct a study to deter-
mine the extent to which freight and passenger rail opera-
tors could use biofuel blends to power its locomotive fleet 
and other vehicles that operate on rail tracks. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘biofuel’’ means a fuel that utilizes renewable re-
sources and is composed substantially of a renewable re-
source blended with ethanol, methanol, or other additive. 
(c) FACTORS.—In conducting the study, the Federal 
Railroad Administration shall consider— 
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(1) the energy intensity of various biofuel blends 
compared to diesel fuel; 
(2) the emission benefits of using various biofuel 
blends compared to locomotive diesel fuel; 
(3) the cost of purchasing biofuel blends; 
(4) the public benefits derived from the use of 
such fuels; and 
(5) the effect of biofuel use on relevant locomotive 
and other vehicle performance. 
(d) LOCOMOTIVE TESTING.—As part of the study, the 
Federal Railroad Administration shall test locomotive en-
gine performance and emissions using blends of biofuel and 
diesel fuel in order to recommend a premium locomotive 
biofuel blend. 
(e) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Federal Railroad Administration 
shall issue the results of this study to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation $1,000,000 to carry out this section, to remain avail-
able until expended. 
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SEC. 220. STUDY OF THE USE OF BIOBASED LUBRICANTS. 
Not later than 180 days after the date of enactment 
of this Act, the Federal Railroad Administration shall 
transmit to the Committee on Transportation and Infra-
structure 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 by freight and 
passenger railroads. The Federal Railroad Administration 
shall work with an agricultural-based lubricant testing fa-
cility 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 ac-
cording to railroad industry standards; 
(2) an analysis of the potential use of other read-
ily biodegradable lubricants to perform according to 
railroad industry standards; 
(3) a comparison of the health and safety of pe-
troleum-based lubricants with biobased lubricants, 
which shall include an analysis of fire safety; and 
(4) a comparison of the environmental impact of 
petroleum-based lubricants with biobased lubricants, 
which 
shall 
include 
rate 
and 
effects 
of 
biodegradability. 
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SEC. 221. APPLICABILITY OF BUY AMERICAN ACT. 
Section 24305(f) is amended to read as follows: 
‘‘(f) APPLICABILITY OF BUY AMERICAN ACT.—Amtrak 
shall be subject to the Buy American Act (41 U.S.C. 10a– 
d) and the regulations thereunder, for purchases of $100,000 
or more.’’. 
SEC. 222. INTERCITY PASSENGER RAIL SERVICE PERFORM-
ANCE. 
(a) DEVELOPMENT OF EVALUATION METRICS.—Not 
later than 6 months after the date of enactment of this Act, 
the Inspector General of the Department of Transportation 
shall, using the financial and performance metrics devel-
oped under section 207, develop metrics for the evaluation 
of the performance and service quality of intercity pas-
senger rail services including cost recovery, on-time per-
formance and minutes of delay, ridership, onboard services, 
maintenance of facilities and equipment, and other services. 
(b) 
IDENTIFICATION
OF
WORST
PERFORMING 
ROUTES.—On the basis of these metrics, the Inspector Gen-
eral shall identify the five worst performing Amtrak routes. 
(c) ALTERNATIVE ROUTES.—The Inspector General 
shall also establish criteria for evaluating routes not cur-
rently served by Amtrak which might be able to support 
passenger rail service at a reasonable cost. 
(d) REPORT TO CONGRESS.—The Inspector General 
shall submit a report to the Committee on Transportation 
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and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate recommending a process for the Department of 
Transportation to consider proposals by Amtrak and others 
to serve underperforming routes, and routes not currently 
served by Amtrak. The proposals shall require that appli-
cants follow grant requirements of section 504. The Inspec-
tor General shall recommend one route not currently served 
by Amtrak and two routes (from among the five worst 
routes identified under subsection (b)) currently served by 
Amtrak, for the Department of Transportation to consider 
under the selection process. 
(e) IMPLEMENTATION.—The Secretary shall not imple-
ment the selection process recommended by the Inspector 
General under subsection (d) until legislation has been en-
acted authorizing the Secretary to take such action. 
SEC. 223. AMTRAK INSPECTOR GENERAL UTILIZATION 
STUDY. 
Not later than 9 months after the date of enactment 
of this Act, the Amtrak Inspector General shall transmit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on Amtrak’s utilization of its facilities, including the Beech 
Grove Repair facility in Indiana. The report shall include 
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an examination of Amtrak’s utilization of its existing fa-
cilities to determine the extent Amtrak is maximizing the 
opportunities for each facility, including any attempts to 
provide maintenance and repair to other rail carriers. In 
developing this report, the Amtrak Inspector General shall 
consult with other railroad carriers as it deems appro-
priate. 
SEC. 224. AMTRAK SERVICE PREFERENCE STUDY. 
Not later than 6 months after the date of enactment 
of this Act, the Surface Transportation Board shall trans-
mit to the Congress a report containing— 
(1) the findings of a study of the effectiveness of 
the implementation of section 24308(c) of title 49, 
United States Code, in ensuring the preference of Am-
trak service over freight transportation service; and 
(2) recommendations with respect to any regu-
latory or legislative actions that would improve such 
effectiveness. 
TITLE III—INTERCITY 
PASSENGER RAIL POLICY 
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PAS-
SENGER RAIL SERVICE; STATE RAIL PLANS. 
(a) IN GENERAL.—Part C of subtitle V is amended by 
inserting the following after chapter 243: 
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‘‘CHAPTER 
244—INTERCITY 
PASSENGER 
RAIL SERVICE CORRIDOR CAPITAL AS-
SISTANCE 
‘‘Sec. 
‘‘24401. Definitions. 
‘‘24402. Capital investment grants to support intercity passenger rail service. 
‘‘24403. Project management oversight. 
‘‘24404. Use of capital grants to finance first-dollar liability of grant project. 
‘‘24405. Grant conditions. 
‘‘§ 24401. Definitions 
‘‘In this chapter: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a 
State (including the District of Columbia), a group of 
States, an Interstate Compact, or a public agency es-
tablished by one or more States and having responsi-
bility 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 225 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 inci-
dental to the acquisition or construction (includ-
ing designing, engineering, location surveying, 
mapping, environmental studies, and acquiring 
rights-of-way), payments for the capital portions 
of rail trackage rights agreements, highway-rail 
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grade crossing improvements related to intercity 
passenger rail service, mitigating environmental 
impacts, communication and signalization im-
provements, relocation assistance, acquiring re-
placement housing sites, and acquiring, con-
structing, relocating, and rehabilitating replace-
ment 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 insur-
ance related to the provision of intercity pas-
senger rail service under section 24404. 
‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The 
term ‘intercity passenger rail service’ means trans-
portation services with the primary purpose of pas-
senger transportation between towns, cities and met-
ropolitan areas by rail, including high-speed rail, as 
defined in section 24102 of this title. 
‘‘§ 24402. Capital investment grants to support inter-
city passenger rail service 
‘‘(a) GENERAL AUTHORITY.— 
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‘‘(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 inter-
city passenger rail transportation. 
‘‘(2) 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 pre-
scribe 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 90 
days after the date of enactment of the Passenger Rail 
Investment and Improvement Act of 2008. 
‘‘(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 225 of this title, or under the plan re-
quired by section 302 of the Passenger Rail Invest-
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ment and Improvement Act of 2008, and that the ap-
plicant or recipient has or will have the legal, finan-
cial, and technical capacity to carry out the project, 
satisfactory continuing control over the use of the 
equipment or facilities, and the capability and will-
ingness to maintain the equipment or facilities. 
‘‘(2) An applicant shall provide sufficient infor-
mation upon which the Secretary can make the find-
ings required by this subsection. 
‘‘(3) If an applicant has not selected the pro-
posed operator of its service competitively, the appli-
cant shall provide written justification to the Sec-
retary 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 in-
crease the cost of the project. 
‘‘(c) PROJECT SELECTION CRITERIA.—The Secretary, 
in selecting the recipients of financial assistance to be pro-
vided under subsection (a), shall— 
‘‘(1) require that each proposed project meet all 
safety requirements that are applicable to the project 
under law; 
‘‘(2) give preference to projects with high levels 
of estimated ridership, increased on-time perform-
ance, reduced trip time, additional service frequency 
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to meet anticipated or existing demand, or other sig-
nificant service enhancements as measured against 
minimum standards developed under section 207 of 
the Passenger Rail Investment and Improvement Act 
of 2008; 
‘‘(3) encourage intermodal connectivity through 
projects that provide direct connections between train 
stations, airports, bus terminals, subway stations, 
ferry ports, and other modes of transportation; 
‘‘(4) ensure that each project is compatible with, 
and is operated in conformance with— 
‘‘(A) plans developed pursuant to the re-
quirements of section 135 of title 23, United 
States Code; and 
‘‘(B) the national rail plan (if it is avail-
able); and 
‘‘(5) favor the following kinds of projects: 
‘‘(A) Projects that are expected to have a 
significant favorable impact on air or highway 
traffic congestion, capacity, or safety. 
‘‘(B) Projects that improve freight or com-
muter rail operations. 
‘‘(C) Projects that have significant environ-
mental benefits, including projects that involve 
the purchase of environmentally sensitive, fuel-ef-
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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 subpara-
graphs (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 en-
tered 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 ar-
bitrator. If the parties are unable to agree upon 
the selection of such arbitrator within 5 days, ei-
ther or both parties shall notify the National Me-
diation 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 re-
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