HR 6003 PCS 
States, territories, and possessions of the United 
States and the District of Columbia. 
‘‘(b) OPERATORS DEEMED RAIL CARRIERS AND EM-
PLOYERS FOR CERTAIN PURPOSES.—A person that con-
ducts rail operations over rail infrastructure constructed 
or improved with funding provided in whole or in part in 
a grant made under this title shall be considered a rail 
carrier as defined in section 10102(5) of this title for pur-
poses 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 re-
quire as a condition of making any grant under this title 
for a project that uses rights-of-way owned by a railroad 
that— 
‘‘(1) a written agreement exist between the ap-
plicant and the railroad regarding such use and 
ownership, including— 
‘‘(A) any compensation for such use; 
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‘‘(B) assurances regarding the adequacy of 
infrastructure capacity to accommodate both 
existing and future freight and passenger oper-
ations; 
‘‘(C) an assurance by the railroad that col-
lective bargaining agreements with the rail-
road’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 com-
plies 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 the National Railroad Passenger 
Corporation 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 estab-
lished under section 504 of the Railroad Revi-
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talization and Regulatory Reform Act of 1976 
(45 U.S.C. 836) with respect to employees af-
fected 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 PAS-
SENGER RAIL SERVICE.— 
‘‘(1) COLLECTIVE
BARGAINING
AGREEMENT 
FOR INTERCITY PASSENGER RAIL PROJECTS.—Any 
entity providing intercity passenger railroad trans-
portation that begins operations after the date of en-
actment of this Act on a project funded in whole or 
in part by grants made under this title 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 ac-
cording to the employee’s seniority on the pred-
ecessor provider for each position with the re-
placing entity that is in the employee’s craft or 
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class and is available within 3 years after the 
termination of the service being replaced; 
‘‘(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 oc-
curs concurrent with or within a reasonable 
time before the commencement of the replacing 
entity’s rail passenger service, the replacing en-
tity shall give written notice of its plan to re-
place existing rail passenger service to the au-
thorized collective bargaining agent or agents 
for the potentially adversely affected employees 
of the predecessor provider at least 90 days be-
fore 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 prede-
cessor provider shall commence for the purpose 
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of reaching agreement with respect to all mat-
ters set forth in subparagraphs (A) through (D) 
of paragraph (1). The negotiations shall con-
tinue 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 arbitra-
tion in accordance with the procedure set forth 
in subparagraph (B). 
‘‘(B) ARBITRATION.—If an agreement has 
not been entered into with respect to all mat-
ters 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 Na-
tional Mediation Board, which shall provide a 
list of seven arbitrators with experience in arbi-
trating rail labor protection disputes. Within 5 
days after such notification, the parties shall al-
ternately strike names from the list until only 
1 name remains, and that person shall serve as 
the neutral arbitrator. Within 45 days after se-
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lection 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 subpara-
graphs (A) through (D) of paragraph (1). This 
decision shall be final, binding, and conclusive 
upon the parties. The salary and expenses of 
the arbitrator shall be borne equally by the par-
ties; 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. 
‘‘(4) SUBSEQUENT
REPLACEMENT
OF
SERV-
ICE.—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 agree-
ment with respect to the matters set forth in sub-
paragraphs (A) through (D) of paragraph (1). If the 
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parties have not entered into an agreement with re-
spect to all such matters within 60 days after the 
date on which the replacing entity replaces the pred-
ecessor provider, the parties shall select an arbi-
trator using the procedures set forth in paragraph 
(2)(B), who shall, within 20 days after the com-
mencement 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 OPER-
ATIONS.—Nothing in this section applies to— 
‘‘(1) the Alaska Railroad or its contractors; or 
‘‘(2) the National Railroad Passenger Corpora-
tion’s access rights to railroad rights of way and fa-
cilities under current law.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis 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’’. 
SEC. 302. STATE RAIL PLANS. 
(a) IN GENERAL.—Part B of subtitle V is amended 
by adding at the end the following: 
‘‘CHAPTER 225—STATE RAIL PLANS AND 
HIGH PRIORITY PROJECTS 
‘‘Sec. 
‘‘22501. Definitions. 
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‘‘22502. Authority. 
‘‘22503. Purposes. 
‘‘22504. Transparency; coordination; review. 
‘‘22505. Content. 
‘‘22506. Review. 
‘‘§ 22501. Definitions 
‘‘In this chapter: 
‘‘(1) PRIVATE BENEFIT.— 
‘‘(A) IN
GENERAL.—The term ‘private 
benefit’— 
‘‘(i) means a benefit accrued to a per-
son or private entity, other than the Na-
tional Railroad Passenger Corporation, 
that directly improves the economic and 
competitive condition of that person or en-
tity through improved assets, cost reduc-
tions, 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 ben-
efit’— 
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‘‘(i) means a benefit accrued to the 
public in the form of enhanced mobility of 
people or goods, environmental protection 
or enhancement, congestion mitigation, en-
hanced trade and economic development, 
improved air quality or land use, more effi-
cient energy use, enhanced public safety, 
reduction of public expenditures due to im-
proved transportation efficiency or infra-
structure preservation, and any other posi-
tive 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
AUTHOR-
ITY.—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 
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law for preparation, maintenance, coordination, and 
administration of the State rail plan. 
‘‘§ 22502. Authority 
‘‘(a) IN GENERAL.—Each State may prepare and 
maintain a State rail plan in accordance with the provi-
sions of this chapter. 
‘‘(b) REQUIREMENTS.—For the preparation and peri-
odic revision of a State rail plan, a State shall— 
‘‘(1) establish or designate a State rail trans-
portation authority to prepare, maintain, coordinate, 
and administer the plan; 
‘‘(2) establish or designate a State rail plan ap-
proval 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 re-
approval by the Secretary. 
‘‘§ 22503. Purposes 
‘‘(a) PURPOSES.—The purposes of a State rail plan 
are as follows: 
‘‘(1) To set forth State policy involving freight 
and passenger rail transportation, including com-
muter rail operations, in the State. 
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‘‘(2) To establish the period covered by the 
State rail plan. 
‘‘(3) To present priorities and strategies to en-
hance rail service in the State that benefits the pub-
lic. 
‘‘(4) To serve as the basis for Federal and 
State rail investments within the State. 
‘‘(b) COORDINATION.—A State rail plan shall be co-
ordinated with other State transportation planning goals 
and programs and set forth rail transportation’s role with-
in the State transportation system. 
‘‘§ 22504. 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 tran-
sit authorities operating in, or affected by rail operations 
within the State, units of local government, and other in-
terested 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, re-
gional transportation authorities, and municipalities with-
in the State, or in the region in which the State is located, 
while preparing the plan, and shall include any rec-
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ommendations made by such agencies, authorities, and 
municipalities as deemed appropriate by the State. 
‘‘§ 22505. Content 
‘‘(a) IN GENERAL.—Each State rail plan shall con-
tain 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 transpor-
tation system. 
‘‘(2) A review of all rail lines within the State, 
including proposed high-speed rail corridors and sig-
nificant rail line segments not currently in service. 
‘‘(3) A statement of the State’s passenger rail 
service objectives, including minimum service levels, 
for rail transportation routes in the State. 
‘‘(4) A general analysis of rail’s transportation, 
economic, and environmental impacts in the State, 
including congestion mitigation, trade and economic 
development, air quality, land-use, energy-use, and 
community impacts. 
‘‘(5) A long-range rail investment program for 
current and future freight and passenger infrastruc-
ture in the State that meets the requirements of 
subsection (b). 
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‘‘(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 oper-
ating funding resources, public subsidies, State tax-
ation, and other financial policies relating to rail in-
frastructure development. 
‘‘(7) An identification of rail infrastructure 
issues within the State that reflects consultation 
with all relevant stake holders. 
‘‘(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, in-
cluding all major projects funded under section 130 
of title 23. 
‘‘(10) A performance evaluation of passenger 
rail services operating in the State, including pos-
sible improvements in those services, and a descrip-
tion of strategies to achieve those improvements. 
‘‘(11) A compilation of studies and reports on 
high-speed rail corridor development within the 
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State not included in a previous plan under this 
chapter, and a plan for funding any recommended 
development of such corridors in the State. 
‘‘(12) A statement that the State is in compli-
ance with the requirements of section 22102. 
‘‘(b) LONG-RANGE SERVICE AND INVESTMENT PRO-
GRAM.— 
‘‘(1) PROGRAM
CONTENT.—A long-range rail 
investment program included in a State rail plan 
under subsection (a)(5) shall include the following 
matters: 
‘‘(A) A list of any rail capital projects ex-
pected 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 be-
tween— 
‘‘(i) public funding contributions for 
the projects; and 
‘‘(ii) the public benefits. 
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‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In 
preparing the list of freight and intercity passenger 
rail capital projects, a State rail transportation au-
thority 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 involve-
ment. 
‘‘(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. 
‘‘§ 22506. Review 
‘‘The Secretary shall prescribe procedures for States 
to submit State rail plans for review under this title, in-
cluding 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, 
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as determined by the Secretary, shall be deemed by the 
Secretary to have met the requirements of this chapter.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for subtitle V is amended by inserting the following 
after the item relating to chapter 223: 
‘‘225. STATE RAIL PLANS AND HIGH PRIORITY PROJECTS ..... 22501’’. 
SEC. 303. NEXT GENERATION CORRIDOR TRAIN EQUIP-
MENT 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, com-
prised of representatives of Amtrak, the Federal Railroad 
Administration, host freight railroad companies, passenger 
railroad equipment manufacturers, and other passenger 
railroad operators as appropriate and interested States. 
The purpose of the Committee shall be to design, develop 
specifications for, and procure standardized next-genera-
tion 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 
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(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, includ-
ing 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 corpora-
tion, which may be owned or jointly owned by Amtrak, 
participating States or other entities, to perform these 
functions. 
(d) FUNDING.—In addition to the authorization pro-
vided in section 103(2) of this Act, 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. 
SEC. 304. 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— 
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‘‘(1) address, among other matters, intercity 
rail passenger and freight rail services, including ex-
isting rail passenger and freight technologies and 
speeds, incrementally enhanced rail systems and in-
frastructure, and new high-speed wheel-on-rail sys-
tems; 
‘‘(2) address ways to expand the transportation 
of international trade traffic by rail, enhance the ef-
ficiency 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 interconnected-
ness of commuter rail, passenger rail, freight rail, 
and other rail networks; and 
‘‘(4) give consideration to regional concerns re-
garding rail passenger and freight transportation, 
including meeting research needs common to des-
ignated high-speed corridors, long-distance rail serv-
ices, 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 at-
tributes of rail passenger and freight service; 
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HR 6003 PCS 
‘‘(2) to develop more accurate models for evalu-
ating the impact of rail passenger and freight serv-
ice, 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 trans-
portation, 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 Na-
tional 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, ranging from operating im-
provements to dedicated new infrastructure, taking 
into account the impact of such options on oper-
ations; 
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101 
HR 6003 PCS 
‘‘(8) to improve maintenance, operations, cus-
tomer service, or other aspects of intercity rail pas-
senger and freight service; 
‘‘(9) to recommend objective methodologies for 
determining intercity passenger rail routes and serv-
ices, 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 develop-
ment of high-speed passenger rail operations con-
nected to or integrated with non-high-speed freight 
or passenger rail operations; 
‘‘(11) to recommend any legislative or regu-
latory changes necessary to foster further develop-
ment and implementation of high-speed passenger 
rail operations while ensuring the safety of such op-
erations that are connected to or integrated with 
non-high-speed freight or passenger rail operations; 
‘‘(12) to review rail crossing safety improve-
ments, including improvements using new safety 
technology; and 
‘‘(13) the development and use of train horn 
technology, including, but not limited to, broadband 
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HR 6003 PCS 
horns, with an emphasis on reducing train horn 
noise and its effect on communities. 
‘‘(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 tech-
nology transfer activities related to rail passenger 
and freight transportation. 
‘‘(2) MEMBERSHIP.—The advisory board shall 
include— 
‘‘(A) representatives of State transpor-
tation 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, rail-
way labor organizations, and environmental or-
ganizations. 
‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec-
retary may make grants to, and enter into cooperative 
agreements with, the National Academy of Sciences to 
carry out such activities relating to the research, tech-
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HR 6003 PCS 
nology, and technology transfer activities described in sub-
section (b) as the Secretary deems appropriate.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis 
for chapter 249 is amended by adding at the end the fol-
lowing: 
‘‘24910. Rail cooperative research program.’’. 
SEC. 305. PASSENGER RAIL SYSTEM COMPARISON STUDY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall complete a study that compares 
the passenger rail system in the United States with the 
passenger rail systems in Canada, Germany, Great Brit-
ain, France, China, Spain, and Japan. 
(b) ISSUES TO BE STUDIED.—The study conducted 
under subsection (a) shall include a country-by-country 
comparison of— 
(1) the development of high-speed rail; 
(2) passenger rail operating costs; 
(3) the amount and payment source of rail line 
construction and maintenance costs; 
(4) the amount and payment source of station 
construction and maintenance costs; 
(5) passenger rail debt service costs; 
(6) passenger rail labor agreements and associ-
ated costs; 
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(7) the net profit realized by the major pas-
senger rail service providers in each of the 4 most 
recent quarters; 
(8) the percentage of the passenger rail sys-
tem’s costs that are paid from general government 
revenues; and 
(9) the method used by the government to pro-
vide the subsidies described in paragraph (8). 
(c) REPORT.—Not later than 180 days after the com-
pletion of the study under subsection (a), the Comptroller 
General shall submit a report containing the findings of 
such study to— 
(1) the Committee on Transportation and In-
frastructure of the House of Representatives; and 
(2) the Committee on Commerce, Science, and 
Transportation of the Senate. 
TITLE IV—COMMUTER RAIL 
TRANSIT ENHANCEMENT 
SEC. 401. COMMUTER RAIL TRANSIT ENHANCEMENT. 
(a) AMENDMENT.—Part E of subtitle V is amended 
by adding at the end the following: 
‘‘CHAPTER 285—COMMUTER RAIL 
TRANSIT ENHANCEMENT 
‘‘Sec. 
‘‘28501. Definitions 
‘‘28502. Surface Transportation Board mediation of trackage use requests. 
‘‘28503. Surface Transportation Board mediation of rights-of-way use requests. 
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‘‘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 mainte-
nance, restoration, reconstruction, capacity enhance-
ment, or rehabilitation work on trackage that would 
be treated, in accordance with generally accepted ac-
counting principles, as a capital item rather than an 
expense; 
‘‘(3) the term ‘fixed guideway transportation’ 
means public transportation (as defined in section 
5302(a)(10)) provided on, by, or using a fixed guide-
way (as defined in section 5302(a)(4)); 
‘‘(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, fixed guideway transpor-
tation; 
‘‘(5) the term ‘rail carrier’ means a person, 
other than a governmental authority, providing com-
mon carrier railroad transportation for compensation 
subject to the jurisdiction of the Board under chap-
ter 105; 
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‘‘(6) the term ‘segregated fixed guideway facil-
ity’ means a fixed guideway facility constructed 
within the railroad right-of-way of a rail carrier but 
physically separate from trackage, including relo-
cated 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 fixed guideway 
transportation, the public transportation authority or the 
rail carrier may apply to the Board for nonbinding medi-
ation. 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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‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to acquire an interest in a railroad right-of- 
way for the construction and operation of a segregated 
fixed guideway facility, the public transportation authority 
or the rail carrier may apply to the Board for nonbinding 
mediation. The Board shall conduct the nonbinding medi-
ation in accordance with the mediation process of section 
1109.4 of title 49, Code of Federal Regulations, as in ef-
fect 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 re-
sponsibility for claims. 
‘‘§ 28505. Rules and regulations 
‘‘Not later than 180 days after the date of enactment 
of this section, the Board shall issue such rules and regu-
lations 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 relat-
ing to chapter 283 the following: 
‘‘285. COMMUTER RAIL TRANSIT ENHANCEMENT ..................... 28501’’. 
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SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AM-
TRAK. 
Amtrak shall engage in good faith discussions, with 
commuter rail entities and regional and State public 
transportation authorities operating on the same trackage 
owned by a rail carrier as Amtrak, with respect to the 
routing and timing of trains to most efficiently move a 
maximal number of commuter, intercity, and regional rail 
passengers, particularly during the peak times of com-
muter usage at the morning and evening hours marking 
the start and end of a typical work day, and with respect 
to the expansion and enhancement of commuter rail and 
regional rail public transportation service. 
TITLE V—HIGH-SPEED RAIL 
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 
(a) IN GENERAL.—Chapter 261 is amended by add-
ing at the end thereof the following: 
‘‘§ 26106. High-speed rail corridor program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish and implement a high-speed rail corridor 
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 
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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 225 of this title for ac-
quiring, 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, loca-
tion 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, relo-
cation assistance, acquiring replacement housing 
sites, and acquiring, constructing, relocating, and re-
habilitating replacement housing. 
‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 
rail’ means intercity passenger rail service that is 
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reasonably expected to reach speeds of at least 110 
miles per hour. 
‘‘(5) INTERCITY PASSENGER RAIL SERVICE.— 
The term ‘intercity passenger rail service’ means 
transportation services with the primary purpose of 
passenger transportation between towns, cities, and 
metropolitan areas by rail, including high-speed rail, 
as defined in section 24102 of this title. 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(7) 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 re-
ceive 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 CRI-
TERIA FOR GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
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