H. R. 2095—108 
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, restora-
tion, 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, com-
muter rail passenger transportation; 
‘‘(5) the term ‘rail carrier’ means a person, other than 
a governmental authority, providing common carrier railroad 
transportation for compensation subject to the jurisdiction of 
the Board under chapter 105; 
‘‘(6) the term ‘segregated fixed guideway facility’ means 
a fixed guideway facility constructed within the railroad right- 
of-way of a rail carrier but physically separate from trackage, 
including relocated trackage, within the right-of-way used by 
a rail carrier for freight transportation purposes; and 
‘‘(7) the term ‘trackage’ means a railroad line of a rail 
carrier, including a spur, industrial, team, switching, side, yard, 
or station track, and a facility of a rail carrier. 
‘‘§ 28502. Surface Transportation Board mediation of track-
age use requests 
‘‘If, after a reasonable period of negotiation, a public transpor-
tation 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.
H. R. 2095—109 
‘‘§ 28503. Surface Transportation Board mediation of rights- 
of-way use requests 
‘‘If, after a reasonable period of negotiation, a public transpor-
tation 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 enact-
ment 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 nec-
essary to carry out this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters of such sub-
title 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 encour-
aged 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 EXPAN-
SION. 
(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 infra-
structure 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,
H. R. 2095—110 
and Springfield, Massachusetts, two of the region’s commercial, 
residential, and industrial centers. 
(7) Expanded commuter rail service on the New Haven- 
Springfield line could result in an estimated 630,000 additional 
trips per year and 2,215,384 passenger miles per year, helping 
to curb pollution and greenhouse gas emissions from road 
vehicle traffic. 
(8) The MetroNorth New Haven Line and Shore Line East 
railways saw respective 3.43 percent and 4.93 percent increases 
in ridership over the course of 2007, demonstrating the need 
for expanded commuter rail service in Connecticut. 
(9) Expanded New Haven-Springfield commuter rail service 
could provide transportation nearly 17 times more efficient 
in terms of average mileage versus road vehicles, alleviating 
road congestion and providing a significant savings to con-
sumers 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 impor-
tant 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 Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, 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 Sec-
retary 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 opera-
tors 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 con-
sider— 
(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
H. R. 2095—111 
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 loco-
motives, rolling stock, or other equipment. The Secretary shall 
work with an agricultural-based lubricant testing facility or facili-
ties 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 bio-
degradable lubricants to perform according to railroad industry 
standards; 
(3) a comparison of the health and safety of petroleum- 
based lubricants with biobased lubricants, which shall include 
an analysis of fire safety; and 
(4) a comparison of the environmental impact of petroleum- 
based lubricants with biobased lubricants, which shall include 
the rate and effects of biodegradability. 
SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE. 
(a) PLAN.—Not later than 1 year after the date of the enactment 
of this Act, Amtrak shall, in consultation with the Secretary, the 
Secretary of Homeland Security, the Washington State Department 
of Transportation, and the owners of the relevant railroad infra-
structure— 
(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 Home-
land 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 agree-
ments, 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—