‘‘(F) any other employee of a railroad car-
rier who directly affects railroad safety, as deter-
mined by the Secretary.’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
Section 20117(a) of title 49, United States Code, is 
amended to read as follows: 
‘‘(a) IN GENERAL.—(1) There are authorized to be ap-
propriated to the Secretary of Transportation to carry out 
this part and to carry out responsibilities under chapter 
51 as delegated or authorized by the Secretary— 
‘‘(A) $225,000,000 for fiscal year 2009; 
‘‘(B) $245,000,000 for fiscal year 2010; 
‘‘(C) $266,000,000 for fiscal year 2011; 
‘‘(D) $289,000,000 for fiscal year 2012; and 
‘‘(E) $293,000,000 for fiscal year 2013. 
‘‘(2) With amounts appropriated pursuant to para-
graph (1), the Secretary shall purchase Gage Restraint 
Measurement System vehicles and track geometry vehicles 
or other comparable technology as needed to assess track 
safety consistent with the results of the track inspection 
study required by section 403 of the Rail Safety Improve-
ment Act of 2008. 
‘‘(3) There are authorized to be appropriated to the 
Secretary $18,000,000 for the period encompassing fiscal 
years 2009 through 2013 to design, develop, and construct
the Facility for Underground Rail Station and Tunnel at 
the Transportation Technology Center in Pueblo, Colorado. 
The facility shall be used to test and evaluate the 
vulnerabilities of above-ground and underground rail tun-
nels to prevent accidents and incidents in such tunnels, to 
mitigate and remediate the consequences of any such acci-
dents or incidents, and to provide a realistic scenario for 
training emergency responders. 
‘‘(4) Such sums as may be necessary from the amount 
appropriated pursuant to paragraph (1) for each of the fis-
cal years 2009 through 2013 shall be made available to the 
Secretary for personnel in regional offices and in Wash-
ington, D.C., whose duties primarily involve rail security.’’. 
TITLE I—RAILROAD SAFETY 
IMPROVEMENTS 
SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS 
AND DUTIES. 
Section 103 is amended by striking subsections (b) 
through (e) and inserting the following: 
‘‘(c) SAFETY AS HIGHEST PRIORITY.—In carrying out 
its duties, the Administration shall consider the assignment 
and maintenance of safety as the highest priority, recog-
nizing the clear intent, encouragement, and dedication of 
Congress to the furtherance of the highest degree of safety 
in railroad transportation.
‘‘(d) ADMINISTRATOR.—The head of the Administra-
tion shall be the Administrator who shall be appointed by 
the President, by and with the advice and consent of the 
Senate, and shall be an individual with professional experi-
ence in railroad safety, hazardous materials safety, or other 
transportation safety. The Administrator shall report di-
rectly to the Secretary of Transportation. 
‘‘(e) DEPUTY ADMINISTRATOR.—The Administration 
shall have a Deputy Administrator who shall be appointed 
by the Secretary. The Deputy Administrator shall carry out 
duties and powers prescribed by the Administrator. 
‘‘(f) CHIEF SAFETY OFFICER.—The Administration 
shall have an Associate Administrator for Railroad Safety 
appointed in the career service by the Secretary. The Asso-
ciate Administrator shall be the Chief Safety Officer of the 
Administration. The Associate Administrator shall carry 
out the duties and powers prescribed by the Administrator. 
‘‘(g) DUTIES AND POWERS OF THE ADMINISTRATOR.— 
The Administrator shall carry out— 
‘‘(1) duties and powers related to railroad safety 
vested in the Secretary by section 20134(c) and chap-
ters 203 through 211 of this title, and by chapter 213 
of this title for carrying out chapters 203 through 
211;
‘‘(2) the duties and powers related to railroad 
policy and development under subsection (j); and 
‘‘(3) other duties and powers prescribed by the 
Secretary. 
‘‘(h) LIMITATION.—A duty or power specified in sub-
section (g)(1) may be transferred to another part of the De-
partment of Transportation or another Federal Government 
entity only when specifically provided by law. A decision 
of the Administrator in carrying out the duties or powers 
of the Administration and involving notice and hearing re-
quired by law is administratively final. 
‘‘(i) AUTHORITIES.—Subject to the provisions of sub-
title I of title 40 and title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), 
the Secretary of Transportation may make, enter into, and 
perform such contracts, grants, leases, cooperative agree-
ments, and other similar transactions with Federal or other 
public agencies (including State and local governments) 
and private organizations and persons, and make such pay-
ments, by way of advance or reimbursement, as the Sec-
retary may determine to be necessary or appropriate to 
carry out functions at the Administration. The authority 
of the Secretary granted by this subsection shall be carried 
out by the Administrator. Notwithstanding any other provi-
sion of this chapter, no authority to enter into contracts
or to make payments under this subsection shall be effective, 
except as provided for in appropriations Acts.’’. 
SEC. 102. RAILROAD SAFETY STRATEGY. 
(a) SAFETY GOALS.—In conjunction with existing fed-
erally-required and voluntary strategic planning efforts on-
going at the Department and the Federal Railroad Admin-
istration as of the date of enactment of this Act, the Sec-
retary shall develop a long-term strategy for improving 
railroad safety to cover a period of not less than 5 years. 
The strategy shall include an annual plan and schedule for 
achieving, at a minimum, the following goals: 
(1) Reducing the number and rates of accidents, 
incidents, injuries, and fatalities involving railroads 
including train collisions, derailments, and human 
factors. 
(2) Improving the consistency and effectiveness of 
enforcement and compliance programs. 
(3) Improving the identification of high-risk 
highway-rail grade crossings and strengthening en-
forcement and other methods to increase grade cross-
ing safety. 
(4) Improving research efforts to enhance and 
promote railroad safety and performance. 
(5) Preventing railroad trespasser accidents, in-
cidents, injuries, and fatalities.