(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, 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. 
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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— 
‘‘(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-
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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; 
‘‘(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 
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wide variety of options, ranging from operating im-
provements to dedicated new infrastructure, taking 
into account the impact of such options on oper-
ations; 
‘‘(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; 
and 
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‘‘(12) to review rail crossing safety improve-
ments, including improvements using new safety 
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 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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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 of title 49, 
United States Code, 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. 
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‘‘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 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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TITLE V—HIGH-SPEED RAIL 
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 
(a) IN GENERAL.—Chapter 261 of title 49, United 
States Code, is amended by adding 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 
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 
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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 
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. 
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‘‘(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— 
‘‘(A) establish criteria for selecting among 
projects that meet the criteria specified in para-
graph (2); 
‘‘(B) conduct a national solicitation for ap-
plications; and 
‘‘(C) award grants on a competitive basis. 
‘‘(2) GRANT CRITERIA.—The Secretary may ap-
prove a grant under this section for a project only 
if the Secretary determines that the project— 
‘‘(A) is part of a State rail plan developed 
under chapter 225 of this title, or under the 
plan required by section 302 of the Passenger 
Rail Investment and Improvement Act of 2008; 
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‘‘(B) is based on the results of preliminary 
engineering; 
‘‘(C) has the legal, financial , and technical 
capacity to carry out the project; and 
‘‘(D) is justified based on the ability of the 
project— 
‘‘(i) to generate national economic 
benefits, including creating jobs, expanding 
business opportunities, and impacting the 
gross domestic product; 
‘‘(ii) to increase mobility of United 
States citizens and reduce congestion, in-
cluding impacts in the State, region, and 
Nation; and 
‘‘(iii) to otherwise enhance the na-
tional transportation system. 
‘‘(3) PROJECT
SELECTION
CRITERIA.—In se-
lecting a project under this section, the Secretary 
shall consider the extent to which the project— 
‘‘(A) makes a substantial contribution to 
providing the infrastructure and equipment re-
quired to complete a high-speed rail corridor; 
‘‘(B) leverages Federal investment by en-
couraging non-Federal financial commitments, 
including evidence of stable and dependable fi-
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100 
nancing sources to construct, maintain, and op-
erate the high-speed rail corridor and service; 
and 
‘‘(C) helps protect the environment. 
‘‘(f) FEDERAL SHARE.—The Federal share of the 
cost of a project financed under this section shall not ex-
ceed 80 percent of the project net capital cost. 
‘‘(g) ISSUANCE OF REGULATIONS.—Not later than 1 
year after the date of enactment of this section, the Sec-
retary shall issue regulations for carrying out this section. 
‘‘(h) AUTHORIZATION.—There are authorized to be 
appropriated to the Secretary to carry out this section 
$350,000,000 for each of fiscal years 2009 through 
2013.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 261 of title 49, United States Code, 
is amended by adding after the item relating to section 
26105 the following new item: 
‘‘26106. High-speed rail corridor program.’’. 
SEC. 502. ADDITIONAL HIGH-SPEED PROJECTS. 
(a) SOLICITATION OF PROPOSALS.— 
(1) IN GENERAL.— 
(A) NORTHEAST
CORRIDOR.—Not later 
than 60 days after the date of enactment of 
this Act, the Secretary of Transportation shall 
issue a request for proposals for projects for the 
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101 
financing, design, construction, and operation 
of an initial high-speed rail system operating 
between Washington, DC, and New York City. 
Such proposals shall be submitted to the Sec-
retary not later than 150 days after the publi-
cation of such request for proposals. 
(B) OTHER PROJECTS.—After a report is 
transmitted under subsection (e) with respect to 
projects described in subparagraph (A), the 
Secretary of Transportation may issue a re-
quest for proposals for additional projects for 
the financing, design, construction, and oper-
ation of a high-speed rail system operating on 
any other corridor in the United States. Such 
proposals shall be submitted to the Secretary 
not later than 150 days after the publication of 
such request for proposals. 
(2) CONTENTS.—A proposal submitted under 
paragraph (1) shall include— 
(A) the names and qualifications of the 
persons submitting the proposal; 
(B) a detailed description of the proposed 
route and its engineering characteristics and of 
all infrastructure improvements required to 
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102 
achieve the planned operating speeds and trip 
times; 
(C) how the project would comply with 
Federal rail safety regulations which govern the 
track and equipment safety requirements for 
high-speed rail operations; 
(D) the peak and average operating speeds 
to be attained; 
(E) the type of equipment to be used, in-
cluding any technologies for— 
(i) maintaining an operating speed the 
Secretary determines appropriate; or 
(ii) in the case of a proposal sub-
mitted under paragraph (1)(A), achieving 
less than 2-hour express service between 
Washington, DC, and New York City; 
(F) the locations of proposed stations; 
(G) a detailed description of any proposed 
legislation needed to facilitate the project; 
(H) a financing plan identifying— 
(i) sources of revenue; 
(ii) the amount of any proposed public 
contribution toward capital costs or oper-
ations; 
(iii) ridership projections; 
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103 
(iv) the amount of private investment; 
(v) projected revenue; 
(vi) annual operating and capital 
costs; 
(vii) the amount of projected capital 
investments required (both initially and in 
subsequent years to maintain a state of 
good repair); and 
(viii) the sources of the private invest-
ment required, 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; 
(I) 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 connect with 
other transportation links; 
(J) labor protections that would comply 
with the requirements of section 504; 
(K) provisions to ensure that the proposal 
will be designed to operate in harmony with ex-
isting and projected future intercity, commuter, 
and freight service; 
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104 
(L) provisions for full fair market com-
pensation for any asset, property right or inter-
est, or service acquired from, owned, or held by 
a private person or non-Federal entity that 
would be acquired, impaired, or diminished in 
value as a result of a project, except as other-
wise agreed to by the private person or entity; 
and 
(M) a detailed description of the environ-
mental impacts of the project, and how any ad-
verse impacts would be mitigated. 
(3) DOCUMENTS.—Documents submitted or de-
veloped pursuant to this subsection shall not be sub-
ject to section 552 of title 5, United States Code. 
(b) DETERMINATION OF COST EFFECTIVENESS AND 
ESTABLISHMENT OF COMMISSIONS.—Not later than 60 
days after receipt of a proposal under subsection (a), the 
Secretary of Transportation shall— 
(1) make a determination as to whether the 
proposal is cost effective; and 
(2) for each corridor for which one or more cost 
effective proposals are received, establish a commis-
sion under subsection (c). 
(c) COMMISSIONS.— 
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105 
(1) MEMBERS.—The commission referred to in 
subsection (b)(2) shall consist of— 
(A) the governor of the affected State or 
States, or their respective designees; 
(B) a rail labor representative, a represent-
ative from a rail freight carrier using the rel-
evant corridor, and a commuter authority using 
the relevant corridor, appointed by the Sec-
retary of Transportation, in consultation with 
the chairman and ranking minority member of 
the Committee on Transportation and Infra-
structure of the House of Representatives and 
the Committee on Commerce, Science, and 
Transportation of the Senate; 
(C) the Secretary of Transportation or his 
designee; 
(D) the president of Amtrak or his des-
ignee; and 
(E) the mayors of the three largest munici-
palities serviced by the proposed high-speed rail 
corridor. 
(2) CHAIRPERSON AND VICE-CHAIRPERSON SE-
LECTION.—The Chairperson and Vice Chairperson 
shall be elected from among members of the Com-
mission. 
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106 
(3) QUORUM AND VACANCY.— 
(A) QUORUM.—A majority of the members 
of the Commission shall constitute a quorum. 
(B) VACANCY.—Any vacancy in the Com-
mission shall not affect its powers and shall be 
filled in the same manner in which the original 
appointment was made. 
(d) COMMISSION CONSIDERATION.— 
(1) IN GENERAL.—Each commission established 
under subsection (b)(2) shall be responsible for re-
viewing the proposal or proposals with respect to 
which the commission was established, and not later 
than 90 days after the establishment of the commis-
sion, shall transmit to the Secretary, and to the 
chairman and ranking minority member of the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate, a report which includes— 
(A) a summary of each proposal received; 
(B) a ranking of the order of the proposals 
according to cost effectiveness, advantages over 
existing services, projected revenue, and cost 
and benefit to the public and private parties; 
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107 
(C) an indication of which proposal or pro-
posals are recommended by the commission; 
and 
(D) an identification of any proposed legis-
lative provisions which would facilitate imple-
mentation of the recommended project. 
(2) VERBAL
PRESENTATION.—Proposers shall 
be given an opportunity to make a verbal presen-
tation to the commission to explain their proposals. 
(e) SELECTION BY SECRETARY.—Not later than 60 
days after receiving a report from a commission under 
subsection (d)(1), the Secretary of Transportation shall 
transmit to the Congress a report that ranks all of the 
recommended proposals according to cost effectiveness, 
advantages over existing services, projected revenue, and 
cost and benefit to the public and private parties. 
(f) NORTHEAST CORRIDOR ECONOMIC DEVELOP-
MENT STUDY.—Not later than 9 months after the date 
of enactment of this Act, the Secretary 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 the results of an economic development study 
of Amtrak’s Northeast Corridor service between Wash-
ington, DC, and New York City. Such study shall examine 
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108 
how to achieve maximum utilization of the Northeast Cor-
ridor as a transportation asset, including— 
(1) maximizing the assets of the Northeast Cor-
ridor for potential economic development purposes; 
(2) real estate improvement and financial re-
turn; 
(3) improved intercity, commuter, and freight 
services; 
(4) optimum utility utilization in conjunction 
with potential separated high-speed rail passenger 
services; and 
(5) any other means of maximizing the eco-
nomic potential of the Northeast Corridor. 
SEC. 503. SOUTHEAST HIGH-SPEED RAIL STUDY. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall conduct 
an alternatives 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. This analysis shall con-
sider changes that have occurred in the region’s popu-
lation, anticipated patterns of population growth, 
connectivity with other modes of transportation, ability of 
the designation to reduce regional traffic congestion, and 
the ability of current and proposed routings to meet the 
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