131 
Labor Act (45 U.S.C. 151 et seq.) are deemed for 
purposes of this subsection to comply with the Act 
of March 3, 1931 (known as the Davis-Bacon Act; 
40 U.S.C. 276a et seq.). 
‘‘(h) STUDY.—The Secretary shall conduct a study 
of the projects carried out with grant assistance under this 
section to determine the public interest benefits associated 
with the light density railroad networks in the States and 
their contribution to a multimodal transportation system. 
Not later than March 31, 2008, the Secretary shall report 
to Congress any recommendations the Secretary considers 
appropriate regarding the eligibility of light density rail 
networks for Federal infrastructure financing. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation $350,000,000 for each of the fiscal years 
2007 through 2009 for carrying out this section.’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to chapter 223 in the table of chapters of subtitle V of 
title 49, United States Code, is amended to read as fol-
lows: 
‘‘223. CAPITAL GRANTS FOR RAILROAD TRACK .......................... 22301’’. 
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Subtitle E—Rail Reliability 
SEC. 541. RELIABILITY OF RAILROAD TRANSPORTATION OF 
ENERGY SUPPLIES. 
(a) FINDING.—The Congress finds that the Nation’s 
rail system is a critical part of national security, and that 
the Surface Transportation Board has the obligation and 
authority to ensure that the Nation’s rail infrastructure 
is adequate to enable safe, efficient, and reliable delivery 
of passengers, energy supplies, and other goods and serv-
ices, and that the Nation’s rail carriers meet their common 
carrier obligations to deliver products and maintain infra-
structure at a level which provides for the safe, efficient, 
and reliable delivery of passengers, energy supplies, and 
other goods and services. 
(b) RELIABILITY REQUIREMENTS.—Not later than 
180 days after the date of enactment of this Act, the Sur-
face Transportation Board, after consultation with the 
Secretary of Transportation, the Secretary of Energy, the 
Secretary of Commerce, the Secretary of Agriculture, the 
Secretary of Defense, and the Chairman of the Federal 
Energy Regulatory Commission, shall issue regulations re-
quiring implementation of the reliability standards ap-
proved under this section. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘reliability standard’’ means a requirement, ap-
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proved by the Surface Transportation Board under this 
section, to provide for reliable and timely operation of rail-
road transportation of passengers, energy supplies, and 
other goods and services. The term shall include a require-
ment for operation and maintenance of the railroad sys-
tem as well as for efficient transfer of freight cars and 
train sets between different railroads. 
(d) ADVISORY PANEL.—Not later than 90 days after 
the date of enactment of this Act, the Surface Transpor-
tation Board shall establish an advisory panel, consisting 
of representatives of the rail carrier industry, energy sup-
ply companies, and industrial and individual consumers of 
energy and rail transportation services. Such advisory 
panel shall ensure its independence of the users, owners, 
and operators of the railroad system while ensuring fair 
stakeholder representation in the selection of its directors, 
ensure balanced decisionmaking in any committee or orga-
nizational structure, and provide for reasonable notice and 
opportunity for public comment, due process, openness, 
and balance of interests in developing reliablility standards 
and otherwise exercising its duties. Such advisory panel 
shall, after obtaining all relevant stakeholder comments, 
make recommendations for the establishment of standards 
for rail operations to ensure the timely and efficient trans-
portation of fuels and energy feedstocks, especially during 
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times of energy or fuel supply emergencies. The first such 
recommendations shall be transmitted to the Surface 
Transportation Board not later than 270 days after the 
date of enactment of this Act. These recommendations 
may include suggestions for expanded rail infrastructure 
to expand, connect new, or bolster existing points within 
the current rail line network. 
(e) 
SURFACE
TRANSPORTATION
BOARD
AP-
PROVAL.— 
(1) IN GENERAL.—The Surface Transportation 
Board may approve, by rule or order, a proposed re-
liability standard or modification to a reliability 
standard if it determines that the standard is just, 
reasonable, not unduly discriminatory or pref-
erential, and in the public interest. The Surface 
Transportation Board shall use the recommenda-
tions developed by the advisory panel under sub-
section (d) with respect to the content of a proposed 
standard or modification to a reliability standard. A 
proposed standard or modification shall take effect 
upon approval by the Surface Transportation Board. 
The Surface Transportation Board shall approve or 
disapprove the first recommended standards trans-
mitted by the advisory panel not later than 1 year 
after receiving such transmittal. 
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(2) REMAND.—The Surface Transportation 
Board shall remand to the advisory panel for further 
consideration a proposed reliability standard or a 
modification to a reliability standard that the Sur-
face Transportation Board disapproves in whole or 
in part. 
(3) SURFACE TRANSPORTATION BOARD INITI-
ATED
STANDARDS.—The Surface Transportation 
Board, upon its own motion or upon complaint, may 
request the advisory panel to submit to the Surface 
Transportation Board a recommendation for a pro-
posed reliability standard or modification to a reli-
ability standard that addresses a specific matter if 
the Surface Transportation Board considers such a 
new or modified reliability standard appropriate to 
carry out this section. If the advisory panel fails to 
submit a proposed or modified standard within 1 
year after such a request from the Surface Trans-
portation Board, the Board may implement its own 
standard to carry out this section. 
(4) CONFLICT.—A final rule adopted under this 
section shall include fair processes for the identifica-
tion and timely resolution of any conflict between a 
reliability standard and any function, rule, order, 
tariff, rate schedule, or agreement accepted, ap-
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136 
proved, or ordered by the Surface Transportation 
Board applicable to a rail carrier. Such rail carrier 
shall continue to comply with such function, rule, 
order, tariff, rate schedule, or agreement accepted 
approved, or ordered by the Surface Transportation 
Board until— 
(A) the Surface Transportation Board 
finds a conflict exists between a reliability 
standard and any such provision; 
(B) the Surface Transportation Board or-
ders a change to such provision; and 
(C) the ordered change becomes effective. 
If the Surface Transportation Board determines 
that a reliability standard needs to be changed as a 
result of such a conflict, it shall order the advisory 
panel to develop and recommend to the Surface 
Transportation Board a modified reliability stand-
ard. 
(5) PENALTIES.—On its own motion or upon 
complaint, the Surface Transportation Board may 
order compliance with a reliability standard and may 
impose a penalty against a rail carrier or other enti-
ty if the Surface Transportation Board finds, after 
notice and opportunity for a hearing, that the rail 
carrier or other entity has engaged or is about to en-
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gage in any acts or practices that constitute or will 
constitute a violation of a reliability standard. 
Æ 
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