H. R. 2095—99 
‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.—If the replace-
ment 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 agreement with respect 
to the matters set forth in subparagraphs (A) through (D) 
of paragraph (1). If the parties have not entered into an agree-
ment with respect to all such matters within 60 days after 
the date on which the replacing entity replaces the predecessor 
provider, the parties shall select an arbitrator using the proce-
dures set forth in paragraph (2)(B), who shall, within 20 days 
after the commencement 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 OPERATIONS.—Nothing 
in this section applies to— 
‘‘(1) commuter rail passenger transportation (as defined 
in section 24102(4) of this title) operations of a State or local 
government authority (as those terms are defined in section 
5302(11) and (6), respectively, of this title) eligible to receive 
financial assistance under section 5307 of this title, or to its 
contractor performing services in connection with commuter 
rail passenger operations (as so defined); 
‘‘(2) the Alaska Railroad or its contractors; or 
‘‘(3) Amtrak’s access rights to railroad rights of way and 
facilities under current law. 
‘‘(f) LIMITATION.—No grants shall be provided under this 
chapter for commuter rail passenger transportation, as defined 
in section 24102(4) of this title. 
‘‘§ 24406. Authorization of appropriations 
‘‘There are authorized to be appropriated to the Secretary of 
Transportation for capital grants under this chapter the following 
amounts: 
‘‘(1) For fiscal year 2009, $100,000,000. 
‘‘(2) For fiscal year 2010, $300,000,000. 
‘‘(3) For fiscal year 2011, $400,000,000. 
‘‘(4) For fiscal year 2012, $500,000,000. 
‘‘(5) For fiscal year 2013, $600,000,000.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis for sub-
title V is amended by inserting the following after the item relating 
to chapter 243: 
‘‘244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL AS-
SISTANCE ................................................................................................24401’’. 
(c) ASSISTANCE.—In implementing section 24405(a) of title 49, 
United States Code, the Federal Highway Administration shall, 
upon request by the Federal Railroad Administration, assist the 
Federal Railroad Administration in developing a process for posting 
on its website or distributing via email notices of waiver requests 
received pursuant to such subsection and soliciting public comments 
on the intent to issue a waiver. The Federal Railroad Administra-
tion’s development of such a process does not relieve the Federal 
Railroad Administration of the requirements under paragraph (4) 
of such subsection.
H. R. 2095—100 
SEC. 302. CONGESTION GRANTS. 
(a) AMENDMENT.—Chapter 241 of title 49, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 24105. Congestion grants 
‘‘(a) AUTHORITY.—The Secretary of Transportation may make 
grants to States, or to Amtrak in cooperation with States, for 
financing the capital costs of facilities, infrastructure, and equip-
ment for high priority rail corridor projects necessary to reduce 
congestion or facilitate ridership growth in intercity rail passenger 
transportation. 
‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for grants under this 
section include projects— 
‘‘(1) identified by Amtrak as necessary to reduce congestion 
or facilitate ridership growth in intercity rail passenger 
transportation along heavily traveled rail corridors; 
‘‘(2) identified by the Surface Transportation Board as nec-
essary to improve the on time performance and reliability of 
intercity rail passenger transportation under section 24308(f); 
and 
‘‘(3) designated by the Secretary as being sufficiently 
advanced in development to be capable of serving the purposes 
described in subsection (a) on an expedited schedule. 
‘‘(c) FEDERAL SHARE.—The Federal share of the cost of a project 
financed under this section shall not exceed 80 percent. 
‘‘(d) GRANT CONDITIONS.—The Secretary of Transportation shall 
require each recipient of a grant under this section to comply 
with the grant requirements of section 24405 of this title. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated, from amounts made available under section 
301 of the Passenger Rail Investment and Improvement Act of 
2008, to the Secretary to carry out this section— 
‘‘(1) $50,000,000 for fiscal year 2010; 
‘‘(2) $75,000,000 for fiscal year 2011; 
‘‘(3) $100,000,000 for fiscal year 2012; and 
‘‘(4) $100,000,000 for fiscal year 2013.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 
for such chapter 241 is amended by adding at the end the following 
new item: 
‘‘24105. Congestion grants.’’. 
SEC. 303. STATE RAIL PLANS. 
(a) IN GENERAL.—Part B of subtitle V is amended by adding 
at the end the following: 
‘‘CHAPTER 227—STATE RAIL PLANS 
‘‘Sec. 
‘‘22701. Definitions. 
‘‘22702. Authority. 
‘‘22703. Purposes. 
‘‘22704. Transparency; coordination; review. 
‘‘22705. Content. 
‘‘22706. Review. 
‘‘§ 22701. Definitions 
‘‘In this subchapter: 
‘‘(1) PRIVATE BENEFIT.—
H. R. 2095—101 
‘‘(A) IN GENERAL.—The term ‘private benefit’— 
‘‘(i) means a benefit accrued to a person or private 
entity, other than Amtrak, that directly improves the 
economic and competitive condition of that person or 
entity through improved assets, cost reductions, 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 benefit’— 
‘‘(i) means a benefit accrued to the public, including 
Amtrak, in the form of enhanced mobility of people 
or goods, environmental protection or enhancement, 
congestion mitigation, enhanced trade and economic 
development, improved air quality or land use, more 
efficient energy use, enhanced public safety or security, 
reduction of public expenditures due to improved 
transportation efficiency or infrastructure preservation, 
and any other positive 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
AUTHORITY.—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 law for preparation, maintenance, coordina-
tion, and administration of the State rail plan. 
‘‘§ 22702. Authority 
‘‘(a) IN GENERAL.—Each State may prepare and maintain a 
State rail plan in accordance with the provisions of this chapter. 
‘‘(b) REQUIREMENTS.—The Secretary shall establish the min-
imum requirements for the preparation and periodic revision of 
a State rail plan, including that a State shall— 
‘‘(1) establish or designate a State rail transportation 
authority to prepare, maintain, coordinate, and administer the 
plan; 
‘‘(2) establish or designate a State rail plan approval 
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 reapproval by the Sec-
retary. 
‘‘§ 22703. Purposes 
‘‘(a) PURPOSES.—The purposes of a State rail plan are as follows:
H. R. 2095—102 
‘‘(1) To set forth State policy involving freight and pas-
senger rail transportation, including commuter rail operations, 
in the State. 
‘‘(2) To establish the period covered by the State rail plan. 
‘‘(3) To present priorities and strategies to enhance rail 
service in the State that benefits the public. 
‘‘(4) To serve as the basis for Federal and State rail invest-
ments within the State. 
‘‘(b) COORDINATION.—A State rail plan shall be coordinated 
with other State transportation planning goals and programs, 
including the plan required under section 135 of title 23, and 
set forth rail transportation’s role within the State transportation 
system. 
‘‘§ 22704. Transparency; coordination; review 
‘‘(a) PREPARATION.—A State shall provide adequate and reason-
able notice and opportunity for comment and other input to the 
public, rail carriers, commuter and transit authorities operating 
in, or affected by rail operations within the State, units of local 
government, and other interested 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, regional transportation authorities, and 
municipalities within the State, or in the region in which the 
State is located, while preparing the plan, and shall include any 
recommendations made by such agencies, authorities, and munici-
palities as deemed appropriate by the State. 
‘‘§ 22705. Content 
‘‘(a) IN GENERAL.—Each State rail plan shall, at a minimum, 
contain 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 transportation system. 
‘‘(2) A review of all rail lines within the State, including 
proposed high-speed rail corridors and significant rail line seg-
ments not currently in service. 
‘‘(3) A statement of the State’s passenger rail service objec-
tives, 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 infrastructure in the State that 
meets the requirements of subsection (b). 
‘‘(6) A statement of public financing issues for rail projects 
and service in the State, including a list of current and prospec-
tive public capital and operating funding resources, public sub-
sidies, State taxation, and other financial policies relating to 
rail infrastructure development. 
‘‘(7) An identification of rail infrastructure issues within 
the State that reflects consultation with all relevant stake-
holders.
H. R. 2095—103 
‘‘(8) A review of major passenger and freight intermodal 
rail connections and facilities within the State, including sea-
ports, 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 and security, including 
all major projects funded under section 130 of title 23. 
‘‘(10) A performance evaluation of passenger rail services 
operating in the State, including possible improvements in 
those services, and a description of strategies to achieve those 
improvements. 
‘‘(11) A compilation of studies and reports on high-speed 
rail corridor development within the State not included in 
a previous plan under this subchapter, and a plan for funding 
any recommended development of such corridors in the State. 
‘‘(12) A statement that the State is in compliance with 
the requirements of section 22102. 
‘‘(b) LONG-RANGE SERVICE AND INVESTMENT PROGRAM.— 
‘‘(1) PROGRAM CONTENT.—A long-range rail investment pro-
gram included in a State rail plan under subsection (a)(5) 
shall, at a minimum, include the following matters: 
‘‘(A) A list of any rail capital projects expected 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 between— 
‘‘(i) public funding contributions for the projects; 
and 
‘‘(ii) the public benefits. 
‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In preparing the 
list of freight and intercity passenger rail capital projects, a 
State rail transportation authority should take into consider-
ation the following matters: 
‘‘(A) Contributions made by non-Federal and non-State 
sources through user fees, matching funds, or other private 
capital involvement. 
‘‘(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. 
‘‘§ 22706. Review 
‘‘The Secretary shall prescribe procedures for States to submit 
State rail plans for review under this title, including 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, as determined by the Secretary, shall be deemed 
by the Secretary to have met the requirements of this chapter.’’.
H. R. 2095—104 
(b) CONFORMING AMENDMENT.—The chapter analysis for sub-
title V is amended by inserting the following after the item relating 
to chapter 223: 
‘‘227. State rail plans ........................................................................................22701’’. 
SEC. 304. TUNNEL PROJECT. 
(a) NEW TUNNEL ALIGNMENT AND ENVIRONMENTAL REVIEW.— 
Not later than September 30, 2013, the Federal Railroad Adminis-
tration, working with Amtrak, the Surface Transportation Board, 
the City of Baltimore, the State of Maryland, and rail operators 
described in subsection (b), as appropriate, shall— 
(1) select and approve, as applicable, a new rail tunnel 
alignment in Baltimore that will permit an increase in train 
speed and service reliability; and 
(2) ensure completion of the related environmental review 
process. 
(b) AFFECTED RAIL OPERATORS.—Rail operators other than 
Amtrak may participate in activities described in subsection (a) 
to the extent that they can demonstrate the intention and ability 
to contribute to the construction of the new tunnel. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for carrying out this section 
$60,000,000 for the period encompassing fiscal years 2009 through 
2013. 
SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT 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, comprised of representatives of 
Amtrak, the Federal Railroad Administration, host freight railroad 
companies, passenger railroad equipment manufacturers, interested 
States, and, as appropriate, other passenger railroad operators. 
The purpose of the Committee shall be to design, develop specifica-
tions for, and procure standardized next-generation corridor equip-
ment. 
(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 
(3) subject to agreements between Amtrak and States, uti-
lize services provided by Amtrak to design, maintain and 
remanufacture equipment. 
(c) COOPERATIVE AGREEMENTS.—Amtrak and States partici-
pating in the Committee may enter into agreements for the funding, 
procurement, remanufacture, ownership, and management of cor-
ridor equipment, including 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 corporation, 
which may be owned or jointly-owned by Amtrak, participating 
States, or other entities, to perform these functions. 
(d) FUNDING.—In addition to the authorizations provided in 
this section, 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.
H. R. 2095—105 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary $5,000,000 for fiscal year 2010, 
to remain available until expended, for grants to Amtrak and States 
participating in the Next Generation Corridor Train Equipment 
Pool Committee established under this section for the purpose of 
designing, developing specifications for, and initiating the procure-
ment of an initial order of 1 or more types of standardized next- 
generation corridor train equipment and establishing a jointly- 
owned corporation to manage that equipment. 
SEC. 306. 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 existing rail passenger and 
freight technologies and speeds, incrementally enhanced rail 
systems and infrastructure, and new high-speed wheel-on-rail 
systems; 
‘‘(2) address ways to expand the transportation of inter-
national trade traffic by rail, enhance the efficiency of inter-
modal interchange at ports and other intermodal terminals, 
and increase capacity and availability of rail service for seasonal 
freight needs; 
‘‘(3) consider research on the interconnectedness of com-
muter rail, passenger rail, freight rail, and other rail networks; 
and 
‘‘(4) give consideration to regional concerns regarding rail 
passenger and freight transportation, including meeting 
research needs common to designated high-speed corridors, 
long-distance rail services, and regional intercity rail corridors, 
projects, and entities. 
‘‘(b) CONTENT.—The program to be carried out under this sec-
tion shall include research designed— 
‘‘(1) to identify the unique aspects and attributes of rail 
passenger and freight service; 
‘‘(2) to develop more accurate models for evaluating the 
impact of rail passenger and freight service, including the 
effects on highway and airport and airway congestion, environ-
mental quality, and energy consumption; 
‘‘(3) to develop a better understanding of modal choice 
as it affects rail passenger and freight transportation, 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 National Research Council; 
‘‘(6) to explore improvements in management, financing, 
and institutional structures; 
‘‘(7) to address rail capacity constraints that affect pas-
senger and freight rail service through a wide variety of options,
H. R. 2095—106 
ranging from operating improvements to dedicated new infra-
structure, taking into account the impact of such options on 
operations; 
‘‘(8) to improve maintenance, operations, customer service, 
or other aspects of intercity rail passenger and freight service; 
‘‘(9) to recommend objective methodologies for determining 
intercity passenger rail routes and services, 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 development of high-speed pas-
senger rail operations connected to or integrated with non- 
high-speed freight or passenger rail operations; 
‘‘(11) to recommend any legislative or regulatory changes 
necessary to foster further development and implementation 
of high-speed passenger rail operations while ensuring the 
safety of such operations that are connected to or integrated 
with non-high-speed freight or passenger rail operations; 
‘‘(12) to review rail crossing safety improvements, including 
improvements using new safety technology; and 
‘‘(13) to review and develop technology designed to reduce 
train horn noise and its effect on communities, including 
broadband horn 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, tech-
nology, and technology transfer activities related to rail pas-
senger and freight transportation. 
‘‘(2) MEMBERSHIP.—The advisory board shall include— 
‘‘(A) representatives of State transportation agencies; 
‘‘(B) transportation and environmental economists, sci-
entists, and engineers; and 
‘‘(C) representatives of Amtrak, the Alaska Railroad, 
freight railroads, transit operating agencies, intercity rail 
passenger agencies, railway labor organizations, and 
environmental organizations. 
‘‘(d) NATIONAL ACADEMY
OF SCIENCES.—The Secretary may 
make grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities relating 
to the research, technology, and technology transfer activities 
described in subsection (b) as the Secretary deems appropriate. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Transportation $5,000,000 
for each of fiscal years 2010 through 2013 for carrying out this 
section.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis for chapter 
249 is amended by adding at the end the following: 
‘‘24910. Rail cooperative research program.’’. 
SEC. 307. FEDERAL RAIL POLICY. 
Section 103 is amended— 
(1) by inserting ‘‘IN GENERAL.—’’ before ‘‘The Federal’’ in 
subsection (a); 
(2) by striking the second and third sentences of subsection 
(a);
H. R. 2095—107 
(3) by inserting after subsection (a) the following: 
‘‘(b) SAFETY.—To carry out all railroad safety laws of the United 
States, the Administration is divided on a geographical basis into 
at least 8 safety offices. The Secretary of Transportation is respon-
sible for all acts taken under those laws and for ensuring that 
the laws are uniformly administered and enforced among the safety 
offices.’’; and 
(4) by adding at the end the following: 
‘‘(j) ADDITIONAL DUTIES OF THE ADMINISTRATOR.—The Adminis-
trator shall— 
‘‘(1) provide assistance to States in developing State rail 
plans prepared under chapter 227 and review all State rail 
plans submitted under that section; 
‘‘(2) develop a long-range national rail plan that is con-
sistent with approved State rail plans and the rail needs of 
the Nation, as determined by the Secretary in order to promote 
an integrated, cohesive, efficient, and optimized national rail 
system for the movement of goods and people; 
‘‘(3) develop a preliminary national rail plan within a year 
after the date of enactment of the Passenger Rail Investment 
and Improvement Act of 2008; 
‘‘(4) develop and enhance partnerships with the freight 
and passenger railroad industry, States, and the public con-
cerning rail development; 
‘‘(5) support rail intermodal development and high-speed 
rail development, including high speed rail planning; 
‘‘(6) ensure that programs and initiatives developed under 
this section benefit the public and work toward achieving 
regional and national transportation goals; and 
‘‘(7) facilitate and coordinate efforts to assist freight and 
passenger rail carriers, transit agencies and authorities, 
municipalities, and States in passenger-freight service integra-
tion on shared rights of way by providing neutral assistance 
at the joint request of affected rail service providers and infra-
structure owners relating to operations and capacity analysis, 
capital requirements, operating costs, and other research and 
planning related to corridors shared by passenger or commuter 
rail service and freight rail operations. 
‘‘(k) PERFORMANCE GOALS AND REPORTS.— 
‘‘(1) PERFORMANCE GOALS.—In conjunction with the objec-
tives established and activities undertaken under subsection 
(j) of this section, the Administrator shall develop a schedule 
for achieving specific, measurable performance goals. 
‘‘(2) RESOURCE
NEEDS.—The strategy and annual plans 
shall include estimates of the funds and staff resources needed 
to accomplish each goal and the additional duties required 
under subsection (j). 
‘‘(3) SUBMISSION
WITH
PRESIDENT’S
BUDGET.—Beginning 
with fiscal year 2010 and each fiscal year thereafter, the Sec-
retary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate, 
at the same time as the President’s budget submission, the 
Administration’s performance goals and schedule developed 
under paragraph (1), including an assessment of the progress 
of the Administration toward achieving its performance goals.’’.