196 
•HRES 1492 EH 
ing the installment of an interim service provider and re-bid-
ding the contract to operate the service. The entity providing 
service shall either be Amtrak or a rail carrier defined in sub-
section (a)(1). 
‘‘(e) ADEQUATE RESOURCES.—Before taking any action 
allowed under this section, the Secretary shall certify that the 
Administrator has sufficient resources that are adequate to 
undertake the program established under this section.’’. 
(b) REPORT.—Within 1 year after the conclusion of the 
pilot program established under subsection (a), the Federal 
Railroad Administration shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results on the 
pilot program established under section 24711, and any rec-
ommendations for further action. 
(c) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 247, as amended by section 210, is amended by 
inserting after the item relating to section 24710 the fol-
lowing: 
‘‘24711. Alternate passenger rail service pilot program.’’. 
SEC. 215. EMPLOYEE TRANSITION ASSISTANCE. 
(a) PROVISION OF FINANCIAL INCENTIVES.—For Am-
trak employees who are adversely affected by the cessation of 
the operation of a long-distance route or any other route 
under section 24711 of title 49, United States Code, pre-
197 
•HRES 1492 EH 
viously operated by Amtrak, the Secretary shall develop a 
program under which the Secretary may, at the Secretary’s 
discretion, provide grants for financial incentives to be pro-
vided to Amtrak employees who voluntarily terminate their 
employment with Amtrak and relinquish any legal rights to 
receive termination-related payments under any contractual 
agreement with Amtrak. 
(b) CONDITIONS
FOR FINANCIAL INCENTIVES.—As a 
condition for receiving financial assistance grants under this 
section, Amtrak must certify that— 
(1) a reasonable attempt was made to reassign an 
employee adversely affected under section 24711 of title 
49, United States Code, or by the elimination of any 
route, to other positions within Amtrak in accordance 
with any contractual agreements; 
(2) the financial assistance results in a net reduc-
tion in the total number of employees equal to the num-
ber receiving financial incentives; 
(3) the financial assistance results in a net reduc-
tion in total employment expense equivalent to the total 
employment expenses associated with the employees re-
ceiving financial incentives; and 
(4) the total number of employees eligible for termi-
nation-related payments will not be increased without 
the express written consent of the Secretary.
198 
•HRES 1492 EH 
(c) AMOUNT OF FINANCIAL INCENTIVES.—The financial 
incentives authorized under this section may be no greater 
than $100,000 per employee. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
hereby authorized to be appropriated to the Secretary such 
sums as may be necessary to make grants to Amtrak to pro-
vide financial incentives under subsection (a). 
(e) TERMINATION-RELATED
PAYMENTS.—If Amtrak 
employees adversely affected by the cessation of Amtrak serv-
ice resulting from the awarding of a grant to an operator 
other than Amtrak for the operation of a route under section 
24711 of title 49, United States Code, or any other route, 
previously operated by Amtrak do not receive financial incen-
tives under subsection (a), then the Secretary shall make 
grants to Amtrak from funds authorized by section 101 of 
this division for termination-related payments to employees 
under existing contractual agreements. 
SEC. 216. SPECIAL PASSENGER TRAINS. 
Amtrak is encouraged to increase the operation of spe-
cial trains funded by, or in partnership with, private sector 
operators through competitive contracting to minimize the 
need for Federal subsidies. Amtrak shall utilize the provisions 
of section 24308 of title 49, United States Code, when nec-
essary to obtain access to facilities, train and engine crews,
199 
•HRES 1492 EH 
or services of a rail carrier or regional transportation author-
ity that are required to operate such trains. 
SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES. 
If a State desires to select or selects an entity other than 
Amtrak to provide services required for the operation of an 
intercity 
passenger 
train 
route 
described 
in 
section 
24102(5)(D) or 24702 of title 49, United States Code, the 
State may make an agreement with Amtrak to use facilities 
and equipment of, or have services provided by, Amtrak 
under terms agreed to by the State and Amtrak to enable the 
State to utilize an entity other than Amtrak to provide serv-
ices required for operation of the route. If the parties cannot 
agree upon terms, and the Surface Transportation Board 
finds that access to Amtrak’s facilities or equipment, or the 
provision of services by Amtrak, is necessary to carry out this 
provision and that the operation of Amtrak’s other services 
will not be impaired thereby, the Surface Transportation 
Board shall, within 120 days after submission of the dispute, 
issue an order that the facilities and equipment be made 
available, and that services be provided, by Amtrak, and shall 
determine reasonable compensation, liability, and other terms 
for use of the facilities and equipment and provision of the 
services. Compensation shall be determined, as appropriate, 
in accordance with the methodology established pursuant to 
section 209 of this division, if available.
200 
•HRES 1492 EH 
SEC. 218. GENERAL AMTRAK PROVISIONS. 
(a) CONFORMING CHANGES.— 
(1) PLAN REQUIRED.—Section 24101(d) is amend-
ed— 
(A) by striking ‘‘plan to operate within the 
funding levels authorized by section 24104 of this 
chapter, including the budgetary goals for fiscal 
years 1998 through 2002.’’ and inserting ‘‘plan, 
consistent with section 204 of the Passenger Rail 
Investment and Improvement Act of 2008, includ-
ing the budgetary goals for fiscal years 2009 
through 2013.’’; and 
(B) by striking the last sentence and inserting 
‘‘Amtrak and its Board of Directors shall adopt a 
long-term plan that minimizes the need for Federal 
operating subsidies.’’. 
(2) AMTRAK
REFORM
AND
ACCOUNTABILITY
ACT 
AMENDMENTS.—Title II of the Amtrak Reform and Ac-
countability Act of 1997 (49 U.S.C. 24101 nt) is amend-
ed by striking sections 204 and 205. 
(b) LEASE ARRANGEMENTS AND OTHER PURCHASES.— 
Amtrak may obtain from the Administrator of General Serv-
ices, and the Administrator may provide to Amtrak, services 
under sections 502(a) and 602 of title 40, United States 
Code.
201 
•HRES 1492 EH 
SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING 
INTERCITY RAIL STATIONS. 
(a) IN GENERAL.—Amtrak, in consultation with station 
owners and other railroads operating service through the ex-
isting stations that it serves, shall evaluate the improvements 
necessary to make these stations readily accessible to and us-
able by individuals with disabilities, as required by such sec-
tion 242(e)(2) of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12162(e)(2)). The evaluation shall include, for 
each applicable station, improvements required to bring it 
into compliance with the applicable parts of such section 
242(e)(2), any potential barriers to achieving compliance, in-
cluding issues related to passenger rail station platforms, the 
estimated cost of the improvements necessary, the identifica-
tion of the responsible person (as defined in section 241(5) 
of that Act (42 U.S.C. 12161(5))), and the earliest prac-
ticable date when such improvements can be made. The eval-
uation shall also include a detailed plan and schedule for 
bringing all applicable stations into compliance with the ap-
plicable parts of section 242(e)(2) by the 2010 statutory 
deadline for station accessibility. Amtrak shall submit the 
evaluation to the Committee on Transportation and Infra-
structure of the House of Representatives; the Committee on 
Commerce, Science, and Transportation of the Senate; the 
Department of Transportation; and the National Council on 
Disability by February 1, 2009, along with recommendations
202 
•HRES 1492 EH 
for funding the necessary improvements. Should the Depart-
ment of Transportation issue any rule related to transpor-
tation for individuals with disabilities by intercity passenger 
rail after Amtrak submits its evaluation, Amtrak shall, within 
120 days after the date that such rule is published, submit 
to the above parties a supplemental evaluation on any impact 
of the rule on its cost and schedule for achieving full compli-
ance. 
(b) ACCESSIBILITY IMPROVEMENTS AND BARRIER RE-
MOVAL FOR PEOPLE WITH DISABILITIES.—There are au-
thorized to be appropriated to the Secretary for the use of 
Amtrak such sums as may be necessary to improve the acces-
sibility of facilities, including rail platforms, and services. 
SEC. 220. OVERSIGHT OF AMTRAK’S COMPLIANCE WITH ACCES-
SIBILITY REQUIREMENTS. 
Using the funds authorized by section 103 of this divi-
sion, the Federal Railroad Administration shall monitor and 
conduct periodic reviews of Amtrak’s compliance with applica-
ble sections of the Americans with Disabilities Act of 1990 
and the Rehabilitation Act of 1974 to ensure that Amtrak’s 
services and facilities are accessible to individuals with dis-
abilities to the extent required by law. 
SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY. 
(a) IN GENERAL.—Chapter 243 is amended by inserting 
after section 24309 the following:
203 
•HRES 1492 EH 
‘‘§ 24310. Management accountability 
‘‘(a) IN GENERAL.—Within 3 years after the date of en-
actment of the Passenger Rail Investment and Improvement 
Act of 2008, and 2 years thereafter, the Inspector General 
of the Department of Transportation shall complete an over-
all assessment of the progress made by Amtrak management 
and the Department of Transportation in implementing the 
provisions of that Act. 
‘‘(b) ASSESSMENT.—The management assessment un-
dertaken by the Inspector General may include a review of— 
‘‘(1) effectiveness in improving annual financial 
planning; 
‘‘(2) effectiveness in implementing improved finan-
cial accounting; 
‘‘(3) efforts to implement minimum train perform-
ance standards; 
‘‘(4) progress maximizing revenues, minimizing 
Federal subsidies, and improving financial results; and 
‘‘(5) any other aspect of Amtrak operations the In-
spector General finds appropriate to review.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 243 is amended by inserting after the item relat-
ing to section 24309 the following: 
‘‘24310. Management accountability.’’.
204 
•HRES 1492 EH 
SEC. 222. ON-BOARD SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Within 1 year after metrics and 
standards are established under section 207 of this division, 
Amtrak shall develop and implement a plan to improve on- 
board service pursuant to the metrics and standards for such 
service developed under that section. 
(b) REPORT.—Amtrak shall provide a report to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the on-board 
service improvements proscribed in the plan and the timeline 
for implementing such improvements. 
SEC. 223. INCENTIVE PAY. 
The Amtrak Board of Directors is encouraged to develop 
an incentive pay program for Amtrak management employ-
ees. 
SEC. 224. PASSENGER RAIL SERVICE STUDIES. 
(a) INTERCITY RAIL SERVICE STUDIES.—Within 1 year 
after the date of enactment of this Act, Amtrak shall conduct 
studies of the following routes: 
(1) The Pioneer Route between Seattle and Chi-
cago, which was operated by Amtrak until 1997, to de-
termine whether to reinstate passenger rail service along 
the route or along segments of the route. 
(2) The North Coast Hiawatha Route between Chi-
cago and Seattle, through southern Montana, which was
205 
•HRES 1492 EH 
operated by Amtrak until 1979, to determine whether to 
reinstate passenger rail service along the route or along 
segments of the route, provided that such service will not 
negatively impact existing Amtrak routes. 
(3) Between Cornwells Heights, Pennsylvania, and 
New York, New York, to determine whether to expand 
passenger rail service by increasing the frequency of 
stops or reducing commuter ticket prices for this route. 
(4) Between Princeton Junction, New Jersey, and 
Philadelphia, Pennsylvania, to determine whether to ex-
pand passenger rail service along the route. 
(5) Between Harrisburg and Pittsburgh, Pennsyl-
vania, to determine whether to increase frequency of 
passenger rail service along the route or along segments 
of the route. 
(6) The Capitol Limited Route between Cum-
berland, Maryland, and Pittsburgh, Pennsylvania, to de-
termine whether to reinstate a station stop at Rockwood, 
Pennsylvania. 
(b) ASSISTANCE.—The Comptroller General of the Gen-
eral Accountability Office shall, upon request by Amtrak, as-
sist Amtrak in conducting the studies under subsection (a). 
(c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The 
Secretary shall conduct—
206 
•HRES 1492 EH 
(A) an 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, including an 
analysis of alternative routings for the corridor; 
(B) a feasibility analysis regarding the expansion of 
the South Central High-Speed Rail Corridor— 
(i) to Memphis, Tennessee; 
(ii) to the Port of Houston, Texas; 
(iii) through Killeen, Texas; and 
(iv) south of San Antonio, Texas, to a location 
in far south Texas to be chosen at the discretion of 
the Secretary; and 
(C) a feasibility analysis regarding the expansion of 
the Keystone Corridor to Cleveland, Ohio. 
These analyses shall consider changes that have occurred in 
the region’s population, anticipated patterns of population 
growth, connectivity with other modes of transportation, the 
ability of the proposed corridor to reduce regional traffic con-
gestion, and the ability of current and proposed routings to 
enhance tourism. Within 1 year after the date of enactment 
of this Act, the Secretary shall submit a report on these anal-
yses to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate, and shall
207 
•HRES 1492 EH 
redesignate or modify corridor designations based on these 
analyses, if necessary. 
(2) The Secretary shall establish a process for a State 
or group of States to petition the Secretary to redesignate or 
modify any designated high-speed rail corridors. 
SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PAS-
SENGER RAIL ROUTES. 
Within 6 months after the date of the enactment of this 
Act, the Inspector General of the Department of Transpor-
tation 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 Sen-
ate a report that— 
(1) describes service delays and the sources of such 
delays on— 
(A) the Amtrak passenger rail route between 
Seattle, Washington, and Los Angeles, California 
(commonly known as the ‘‘Coast Starlight’’); and 
(B) the Amtrak passenger rail route between 
Vancouver, British Columbia, Canada, and Eugene, 
Oregon (commonly known as ‘‘Amtrak Cascades’’); 
and 
(2) contains recommendations for improving the on- 
time performance of such routes.
208 
•HRES 1492 EH 
SEC. 226. PLAN FOR RESTORATION OF SERVICE. 
Within 9 months after the date of enactment of this Act, 
Amtrak shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a plan for restoring passenger rail service between 
New Orleans, Louisiana, and Sanford, Florida. The plan 
shall include a projected timeline for restoring such service, 
the costs associated with restoring such service, and any pro-
posals for legislation necessary to support such restoration of 
service. In developing the plan, Amtrak shall consult with 
representatives from the States of Louisiana, Alabama, Mis-
sissippi, and Florida, railroad carriers whose tracks may be 
used for such service, rail passengers, rail labor, and other 
entities as appropriate. 
SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZATION 
STUDY. 
Within 9 months after the date of enactment of this Act, 
the Inspector General of the Department of Transportation 
shall transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a 
report on Amtrak’s utilization of its equipment maintenance 
and repair facilities, including the Beech Grove Mechanical 
Facility in Indiana. The report shall include an examination 
of Amtrak’s utilization of its existing equipment maintenance
209 
•HRES 1492 EH 
and repair facilities, the productivity of such facilities, and 
the extent to which Amtrak is maximizing opportunities for 
utilizing each facility, including the provision of maintenance 
and repair to other rail carriers. In developing this report, 
the Inspector General shall consult with the Inspector Gen-
eral of Amtrak, Amtrak management, rail labor, and other 
railroad carriers, as it deems appropriate. 
SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO 
MAINTAIN AMTRAK AS A NATIONAL PASSENGER 
RAIL SYSTEM. 
(a) FINDINGS.—The Congress makes the following find-
ings: 
(1) In fiscal year 2007, 3,800,000 passengers trav-
eled on Amtrak’s long-distance trains, an increase of 2.4 
percent over fiscal year 2006. 
(2) 
Amtrak 
long-distance 
routes 
generated 
$376,000,000 in revenue in fiscal year 2007, an increase 
of 5 percent over fiscal year 2006. 
(3) Amtrak operates 15 long-distance trains over 
18,500 route miles that serve 39 States and the District 
of Columbia. These trains provide the only rail pas-
senger service to 23 States. 
(4) Amtrak’s long-distance trains provide an essen-
tial transportation service for many communities and to 
a significant percentage of the general public.
210 
•HRES 1492 EH 
(5) Many long-distance trains serve small commu-
nities with limited or no significant air or bus service, 
especially in remote or isolated areas in the United 
States. 
(6) As a result of airline deregulation and decisions 
by national bus carriers to leave many communities, rail 
transportation may provide the only feasible common 
carrier transportation option for a growing number of 
areas. 
(7) If long-distance trains were eliminated, 23 
States and 243 communities would be left with no inter-
city passenger rail service and 16 other States would 
lose some rail service. These trains provide a strong eco-
nomic benefit for the States and communities that they 
serve. 
(8) Long-distance trains also provide transportation 
during periods of severe weather or emergencies that 
stall other modes of transportation. 
(9) Amtrak provided the only reliable long-distance 
transportation following the September 11, 2001, ter-
rorist attacks that grounded air travel. 
(10) The majority of passengers on long-distance 
trains do not travel between the endpoints, but rather 
between any combination of cities along the route.
211 
•HRES 1492 EH 
(11) Passenger trains provide transportation op-
tions, mobility for underserved populations, congestion 
mitigation, and jobs in the areas they serve. 
(12) Passenger rail has a positive impact on the en-
vironment compared to other modes of transportation by 
conserving energy, reducing greenhouse gas emissions, 
and cutting down on other airborne particulate and toxic 
emissions. 
(13) Amtrak communities that are served use pas-
senger rail and passenger rail stations as a significant 
source of economic development. 
(14) This division makes meaningful and important 
reforms to increase the efficiency, profitability and on- 
time performance of Amtrak’s long-distance routes. 
(b) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that— 
(1) long-distance passenger rail is a vital and nec-
essary part of our national transportation system and 
economy; and 
(2) Amtrak should maintain a national passenger 
rail system, including long-distance routes, that connects 
the continental United States from coast to coast and 
from border to border.
212 
•HRES 1492 EH 
TITLE III—INTERCITY PASSENGER 
RAIL POLICY 
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER 
RAIL SERVICE. 
(a) IN GENERAL.—Part C of subtitle V is amended by 
inserting the following after chapter 243: 
‘‘CHAPTER 244—INTERCITY PASSENGER RAIL 
SERVICE CORRIDOR CAPITAL ASSISTANCE 
‘‘Sec. 
‘‘24401. Definitions. 
‘‘24402. Capital investment grants to support intercity passenger rail service. 
‘‘24403. Project management oversight. 
‘‘24404. Use of capital grants to finance first-dollar liability of grant project. 
‘‘24405. Grant conditions. 
‘‘24406. Authorization of appropriations. 
‘‘§ 24401. Definitions 
‘‘In this chapter: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a 
State (including the District of Columbia), a group of 
States, an Interstate Compact, or a public agency estab-
lished by one or more States and having responsibility 
for providing intercity passenger rail service. 
‘‘(2) CAPITAL PROJECT.—The term ‘capital project’ 
means a project or program in a State rail plan devel-
oped under chapter 227 of this title for— 
‘‘(A) acquiring, constructing, improving, or in-
specting equipment, track and track structures, or 
a facility for use in or for the primary benefit of 
intercity passenger rail service, expenses incidental
213 
•HRES 1492 EH 
to the acquisition or construction (including design-
ing, engineering, location surveying, mapping, envi-
ronmental studies, and acquiring rights-of-way), 
payments for the capital portions of rail trackage 
rights agreements, highway-rail grade crossing im-
provements related to intercity passenger rail serv-
ice, mitigating environmental impacts, communica-
tion and signalization improvements, relocation as-
sistance, acquiring replacement housing sites, and 
acquiring, constructing, relocating, and rehabili-
tating replacement housing; 
‘‘(B) rehabilitating, remanufacturing or over-
hauling rail rolling stock and facilities used pri-
marily in intercity passenger rail service; 
‘‘(C) costs associated with developing State rail 
plans; and 
‘‘(D) the first-dollar liability costs for insur-
ance related to the provision of intercity passenger 
rail service under section 24404. 
‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The 
term ‘intercity passenger rail service’ means intercity rail 
passenger transportation, as defined in section 24102 of 
this title.
214 
•HRES 1492 EH 
‘‘§ 24402. Capital investment grants to support intercity 
passenger rail service 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) The Secretary of Transportation may make 
grants under this section to an applicant to assist in fi-
nancing the capital costs of facilities, infrastructure, and 
equipment necessary to provide or improve intercity pas-
senger rail transportation. 
‘‘(2) Consistent with the requirements of this chap-
ter, the Secretary shall require that a grant under this 
section be subject to the terms, conditions, requirements, 
and provisions the Secretary decides are necessary or ap-
propriate for the purposes of this section, including re-
quirements for the disposition of net increases in value 
of real property resulting from the project assisted under 
this section and shall prescribe procedures and schedules 
for the awarding of grants under this title, including ap-
plication and qualification procedures and a record of 
decision on applicant eligibility. The Secretary shall issue 
a final rule establishing such procedures not later than 
2 years after the date of enactment of the Passenger 
Rail Investment and Improvement Act of 2008. For the 
period prior to the earlier of the issuance of such a rule 
or 2 years after the date of enactment of such Act, the 
Secretary shall issue interim guidance to applicants cov-
ering such procedures, and administer the grant pro-
215 
•HRES 1492 EH 
gram authorized under this section pursuant to such 
guidance. 
‘‘(b) PROJECT AS PART OF STATE RAIL PLAN.— 
‘‘(1) The Secretary may not approve a grant for a 
project under this section unless the Secretary finds that 
the project is part of a State rail plan developed under 
chapter 227 of this title, or under the plan required by 
section 211 of the Passenger Rail Investment and Im-
provement Act of 2008, and that the applicant or recipi-
ent has or will have the legal, financial, and technical ca-
pacity to carry out the project, satisfactory continuing 
control over the use of the equipment or facilities, and 
the capability and willingness to maintain the equipment 
or facilities. 
‘‘(2) An applicant shall provide sufficient informa-
tion upon which the Secretary can make the findings re-
quired by this subsection. 
‘‘(3) If an applicant has not selected the proposed 
operator of its service competitively, the applicant shall 
provide written justification to the Secretary showing 
why the proposed operator is the best, taking into ac-
count price and other factors, and that use of the pro-
posed operator will not unnecessarily increase the cost of 
the project.
216 
•HRES 1492 EH 
‘‘(c) PROJECT SELECTION CRITERIA.—The Secretary, in 
selecting the recipients of financial assistance to be provided 
under subsection (a), shall— 
‘‘(1) require— 
‘‘(A) that the project be part of a State rail 
plan developed under chapter 227 of this title, or 
under the plan required by section 211 of the Pas-
senger Rail Investment and Improvement Act of 
2008; 
‘‘(B) that the applicant or recipient has or will 
have the legal, financial, and technical capacity to 
carry out the project, satisfactory continuing control 
over the use of the equipment or facilities, and the 
capability and willingness to maintain the equip-
ment or facilities; 
‘‘(C) that the applicant provides sufficient in-
formation upon which the Secretary can make the 
findings required by this subsection; 
‘‘(D) that if an applicant has selected the pro-
posed operator of its service competitively, that the 
applicant provide written justification to the Sec-
retary showing why the proposed operator is the 
best, taking into account costs and other factors;
217 
•HRES 1492 EH 
‘‘(E) that each proposed project meet all safety 
and security requirements that are applicable to the 
project under law; and 
‘‘(F) that each project be compatible with, and 
operated in conformance with— 
‘‘(i) plans developed pursuant to the re-
quirements of section 135 of title 23, United 
States Code; and 
‘‘(ii) the national rail plan (if it is avail-
able); 
‘‘(2) select projects— 
‘‘(A) that are anticipated to result in signifi-
cant improvements to intercity rail passenger serv-
ice, including, but not limited to, consideration of— 
‘‘(i) the project’s levels of estimated rider-
ship, increased on-time performance, reduced 
trip time, additional service frequency to meet 
anticipated or existing demand, or other sig-
nificant service enhancements as measured 
against minimum standards developed under 
section 207 of the Passenger Rail Investment 
and Improvement Act of 2008; 
‘‘(ii) the project’s anticipated favorable 
impact on air or highway traffic congestion, ca-
pacity, or safety; and
218 
•HRES 1492 EH 
‘‘(iii) identification of the project by the 
Surface Transportation Board as necessary to 
improve the on-time performance and reli-
ability of intercity passenger rail under section 
24308(f); 
‘‘(B) for which there is a high degree of con-
fidence that the proposed project is feasible and will 
result in the anticipated benefits, as indicated by— 
‘‘(i) the project’s precommencement com-
pliance with environmental protection require-
ments; 
‘‘(ii) the readiness of the project to be 
commenced; 
‘‘(iii) the timing and amount of the 
project’s future noncommitted investments; 
‘‘(iv) the commitment of any affected host 
rail carrier to ensure the realization of the an-
ticipated benefits; and 
‘‘(v) other relevant factors as determined 
by the Secretary; and 
‘‘(C) for which the level of the anticipated ben-
efits compares favorably to the amount of Federal 
funding requested under this chapter; and 
‘‘(3) give greater consideration to projects—
219 
•HRES 1492 EH 
‘‘(A) that are anticipated to result in benefits 
to other modes transportation and to the public at 
large, including, but not limited to, consideration of 
the project’s— 
‘‘(i) 
encouragement 
of 
intermodal 
connectivity through provision of direct connec-
tions between train stations, airports, bus ter-
minals, subway stations, ferry ports, and other 
modes of transportation; 
‘‘(ii) anticipated improvement of freight or 
commuter rail operations; 
‘‘(iii) encouragement of the use of positive 
train control technologies; 
‘‘(iv) environmental benefits, including 
projects that involve the purchase of environ-
mentally sensitive, fuel-efficient, and cost-effec-
tive passenger rail equipment; 
‘‘(v) anticipated positive economic and em-
ployment impacts; 
‘‘(vi) encouragement of State and private 
contributions toward station development, en-
ergy and environmentally efficiency, and eco-
nomic benefits; and
220 
•HRES 1492 EH 
‘‘(vii) falling under the description in sec-
tion 5302(a)(1)(G) of this title as defined to 
support intercity passenger rail service; and 
‘‘(B) that incorporate equitable financial par-
ticipation in the project’s financing, including, but 
not limited to, consideration of— 
‘‘(i) donated property interests or services; 
‘‘(ii) financial contributions by freight and 
commuter rail carriers commensurate with the 
benefit expected to their operations; and 
‘‘(iii) financial commitments from host 
railroads, non-Federal governmental entities, 
nongovernmental entities, and others. 
‘‘(d) STATE RAIL PLANS.—State rail plans completed 
before the date of enactment of the Passenger Rail Invest-
ment and Improvement Act of 2008 that substantially meet 
the requirements of chapter 227 of this title, as determined 
by the Secretary pursuant to section 22506 of this title, shall 
be deemed by the Secretary to have met the requirements of 
subsection (c)(1)(A) of this section. 
‘‘(e) AMTRAK ELIGIBILITY.—To receive a grant under 
this section, Amtrak may enter into a cooperative agreement 
with 1 or more States to carry out 1 or more projects on a 
State rail plan’s ranked list of rail capital projects developed 
under section 22504(a)(5) of this title. For such a grant,
221 
•HRES 1492 EH 
Amtrak may not use Federal funds authorized under section 
101(a) or (c) of the Passenger Rail Investment and Improve-
ment Act of 2008 to fulfill the non-Federal share require-
ments under subsection (g) of this section. 
‘‘(f) LETTERS OF INTENT AND EARLY SYSTEMS WORK 
AGREEMENTS.— 
‘‘(1) The Secretary may issue a letter of intent to 
an applicant announcing an intention to obligate, for a 
major capital project under this section, an amount from 
future available budget authority specified in law that is 
not more than the amount stipulated as the financial 
participation of the Secretary in the project. 
‘‘(2) At least 30 days before issuing a letter under 
paragraph (1) of this subsection, the Secretary shall no-
tify in writing the Committee on Transportation and In-
frastructure of the House of Representatives, the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, and the House and Senate Committees on Ap-
propriations of the proposed letter or agreement. The 
Secretary shall include with the notification a copy of 
the proposed letter or agreement, the criteria used in 
subsection (c) for selecting the project for a grant 
award, and a description of how the project meets such 
criteria.
222 
•HRES 1492 EH 
‘‘(3) An obligation or administrative commitment 
may be made only when amounts are appropriated. The 
letter of intent shall state that the contingent commit-
ment is not an obligation of the Federal Government, 
and is subject to the availability of appropriations under 
Federal law and to Federal laws in force or enacted 
after the date of the contingent commitment. 
‘‘(g) FEDERAL SHARE OF NET PROJECT COST.— 
‘‘(1)(A) Based on engineering studies, studies of 
economic feasibility, and information on the expected use 
of equipment or facilities, the Secretary shall estimate 
the net project cost. 
‘‘(B) A grant for the project shall not exceed 80 
percent of the project net capital cost. 
‘‘(C) The Secretary shall give priority in allocating 
future obligations and contingent commitments to incur 
obligations to grant requests seeking a lower Federal 
share of the project net capital cost. 
‘‘(2) Up to an additional 20 percent of the required 
non-Federal funds may be funded from amounts appro-
priated to or made available to a department or agency 
of the Federal Government that are eligible to be ex-
pended for transportation. 
‘‘(3) The following amounts, not to exceed 
$15,000,000 per fiscal year, shall be available to each
223 
•HRES 1492 EH 
applicant as a credit toward an applicant’s matching re-
quirement for a grant awarded under this section— 
‘‘(A) in each of fiscal years 2009, 2010, and 
2011— 
‘‘(i) 50 percent of the average of amounts 
expended in fiscal years 2002 through 2008 by 
an applicant for capital projects related to 
intercity passenger rail service; and 
‘‘(ii) 50 percent of the average of amounts 
expended in fiscal years 2002 through 2008 by 
an applicant for operating costs of such serv-
ice; and 
‘‘(B) in each of fiscal years 2010, 2011 and 
2012, 50 percent of the amount by which the 
amounts expended for capital projects and oper-
ating costs related to intercity passenger rail service 
by an applicant in the prior fiscal year exceed the 
average capital and operating expenditures made 
for such service in fiscal years 2006, 2007, and 
2008. 
The Secretary may require such information as nec-
essary to verify such expenditures. Credits made avail-
able to an applicant in a fiscal year under this para-
graph may only be applied towards grants awarded in 
that fiscal year.
224 
•HRES 1492 EH 
‘‘(4) The Federal share of expenditures for capital 
improvements under this chapter may not exceed 100 
percent. 
‘‘(h) 2-YEAR AVAILABILITY.—Funds appropriated under 
this section shall remain available until expended. If any 
amount provided as a grant under this section is not obli-
gated or expended for the purposes described in subsection 
(a) within 2 years after the date on which the State received 
the grant, such sums shall be returned to the Secretary for 
other intercity passenger rail development projects under this 
section at the discretion of the Secretary. 
‘‘(i) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN GENERAL.—A metropolitan planning orga-
nization, State transportation department, or other 
project sponsor may enter into an agreement with any 
public, private, or nonprofit entity to cooperatively imple-
ment any project funded with a grant under this chap-
ter. 
‘‘(2) FORMS OF PARTICIPATION.—Participation by 
an entity under paragraph (1) may consist of— 
‘‘(A) ownership or operation of any land, facil-
ity, locomotive, rail car, vehicle, or other physical 
asset associated with the project; 
‘‘(B) cost-sharing of any project expense;
225 
•HRES 1492 EH 
‘‘(C) carrying out administration, construction 
management, project management, project oper-
ation, or any other management or operational duty 
associated with the project; and 
‘‘(D) any other form of participation approved 
by the Secretary. 
‘‘(3) SUBALLOCATION.—A State may allocate funds 
under this section to any entity described in paragraph 
(1). 
‘‘(j) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 
carrying out this section, the Secretary shall allocate an ap-
propriate portion of the amounts available under this section 
to provide grants to States— 
‘‘(1) in which there is no intercity passenger rail 
service for the purpose of funding freight rail capital 
projects that are on a State rail plan developed under 
chapter 227 of this title that provide public benefits (as 
defined in chapter 227) as determined by the Secretary; 
or 
‘‘(2) in which the rail transportation system is not 
physically connected to rail systems in the continental 
United States or may not otherwise qualify for a grant 
under this section due to the unique characteristics of 
the geography of that State or other relevant consider-
226 
•HRES 1492 EH 
ations, for the purpose of funding transportation-related 
capital projects. 
‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary shall 
make not less than 5 percent annually available from the 
amounts authorized under section 101(c) of the Passenger 
Rail Investment and Improvement Act of 2008 beginning in 
fiscal year 2009 for grants for capital projects eligible under 
this section not exceeding $2,000,000, including costs eligible 
under section 209(d) of that Act. For grants awarded under 
this subsection, the Secretary may waive requirements of this 
section, including state rail plan requirements, as appro-
priate. 
‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS
AND 
STORAGE.—Grants under this chapter may be used to pro-
vide access to rolling stock for nonmotorized transportation, 
including bicycles, and recreational equipment, and to provide 
storage capacity in trains for such transportation, equipment, 
and other luggage, to ensure passenger safety. 
‘‘§ 24403. Project management oversight 
‘‘(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.— 
To receive Federal financial assistance for a major capital 
project under this chapter, an applicant must prepare and 
carry out a project management plan approved by the Sec-
retary of Transportation. The plan shall provide for—
230 
•HRES 1492 EH 
‘‘(D) including domestic material will increase the 
cost of the overall project by more than 25 percent. 
‘‘(3) For purposes of this subsection, in calculating the 
components’ costs, labor costs involved in final assembly shall 
not be included in the calculation. 
‘‘(4) If the Secretary determines that it is necessary to 
waive the application of paragraph (1) based on a finding 
under paragraph (2), the Secretary shall, before the date on 
which such finding takes effect— 
‘‘(A) publish in the Federal Register a detailed 
written justification as to why the waiver is needed; and 
‘‘(B) provide notice of such finding and an oppor-
tunity for public comment on such finding for a reason-
able period of time not to exceed 15 days. 
‘‘(5) Not later than December 31, 2012, the Secretary 
shall submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a 
report on any waivers granted under paragraph (2). 
‘‘(6) The Secretary of Transportation may not make a 
waiver under paragraph (2) of this subsection for goods pro-
duced in a foreign country if the Secretary, in consultation 
with the United States Trade Representative, decides that the 
government of that foreign country—
231 
•HRES 1492 EH 
‘‘(A) has an agreement with the United States Gov-
ernment under which the Secretary has waived the re-
quirement of this subsection; and 
‘‘(B) has violated the agreement by discriminating 
against goods to which this subsection applies that are 
produced in the United States and to which the agree-
ment applies. 
‘‘(7) A person is ineligible to receive a contract or sub-
contract made with amounts authorized under this chapter if 
a court or department, agency, or instrumentality of the Gov-
ernment decides the person intentionally— 
‘‘(A) affixed a ‘Made in America’ label, or a label 
with an inscription having the same meaning, to goods 
sold in or shipped to the United States that are used in 
a project to which this subsection applies but not pro-
duced in the United States; or 
‘‘(B) represented that goods described in subpara-
graph (A) of this paragraph were produced in the 
United States. 
‘‘(8) The Secretary may not impose any limitation on as-
sistance provided under this chapter that restricts a State 
from imposing more stringent requirements than this sub-
section on the use of articles, materials, and supplies mined, 
produced, or manufactured in foreign countries in projects 
carried out with that assistance or restricts a recipient of
232 
•HRES 1492 EH 
that assistance from complying with those State-imposed re-
quirements. 
‘‘(9) The Secretary may allow a manufacturer or sup-
plier of steel, iron, or manufactured goods to correct after bid 
opening any certification of noncompliance or failure to prop-
erly complete the certification (but not including failure to 
sign the certification) under this subsection if such manufac-
turer or supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification 
as a result of an inadvertent or clerical error. The burden of 
establishing inadvertent or clerical error is on the manufac-
turer or supplier. 
‘‘(10) A party adversely affected by an agency action 
under this subsection shall have the right to seek review 
under section 702 of title 5. 
‘‘(11) The requirements of this subsection shall only 
apply to projects for which the costs exceed $100,000. 
‘‘(b) OPERATORS DEEMED RAIL CARRIERS
AND EM-
PLOYERS FOR CERTAIN PURPOSES.—A person that conducts 
rail operations over rail infrastructure constructed or im-
proved with funding provided in whole or in part in a grant 
made under this chapter shall be considered a rail carrier as 
defined in section 10102(5) of this title for purposes of this 
title and any other statute that adopts that definition or in 
which that definition applies, including—
233 
•HRES 1492 EH 
‘‘(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 require 
as a condition of making any grant under this chapter for a 
project that uses rights-of-way owned by a railroad that— 
‘‘(1) a written agreement exist between the appli-
cant and the railroad regarding such use and ownership, 
including— 
‘‘(A) any compensation for such use; 
‘‘(B) assurances regarding the adequacy of in-
frastructure capacity to accommodate both existing 
and future freight and passenger operations; 
‘‘(C) an assurance by the railroad that collec-
tive bargaining agreements with the railroad’s em-
ployees (including terms regulating the contracting 
of work) will remain in full force and effect accord-
ing to their terms for work performed by the rail-
road on the railroad transportation corridor; and 
‘‘(D) an assurance that an applicant complies 
with liability requirements consistent with section 
28103 of this title; and
234 
•HRES 1492 EH 
‘‘(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 man-
ner that Amtrak 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 established 
under section 504 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 
836) with respect to employees affected 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 transportation 
that begins operations after the date of enactment of 
this Act on a project funded in whole or in part by 
grants made under this chapter and replaces intercity 
rail passenger service that was provided by Amtrak, un-
less such service was provided solely by Amtrak to an-
other entity, as of such date shall enter into an agree-
235 
•HRES 1492 EH 
ment 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 according to 
the employee’s seniority on the predecessor provider 
for each position with the replacing entity that is in 
the employee’s craft or 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 em-
ployee to apply for such positions; and 
‘‘(D) establishes rates of pay, rules, and work-
ing conditions. 
‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— 
‘‘(A) NEGOTIATIONS.—If the replacement of 
preexisting intercity rail passenger service occurs 
concurrent with or within a reasonable time before 
the commencement of the replacing entity’s rail 
passenger service, the replacing entity shall give 
written notice of its plan to replace existing rail 
passenger service to the authorized collective bar-
gaining agent or agents for the potentially adversely
236 
•HRES 1492 EH 
affected employees of the predecessor provider at 
least 90 days before 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 of 
reaching agreement with respect to all matters set 
forth in subparagraphs (A) through (D) of para-
graph (1). The negotiations shall continue 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 sub-
mitted for arbitration in accordance with the proce-
dure set forth in subparagraph (B). 
‘‘(B) ARBITRATION.—If an agreement has not 
been entered into with respect to all matters set 
forth in subparagraphs (A) through (D) of para-
graph (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 par-
ties shall notify the National Mediation Board, 
which shall provide a list of seven arbitrators with
237 
•HRES 1492 EH 
experience in arbitrating rail labor protection dis-
putes. Within 5 days after such notification, the 
parties shall alternately strike names from the list 
until only 1 name remains, and that person shall 
serve as the neutral arbitrator. Within 45 days 
after selection 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 subparagraphs (A) 
through (D) of paragraph (1). The arbitrator shall 
be guided by prevailing national standard rates of 
pay, benefits, and working conditions for com-
parable work. This decision shall be final, binding, 
and conclusive upon the parties. The salary and ex-
penses of the arbitrator shall be borne equally by 
the parties; 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 para-
graph (1) or the decision of the arbitrator has been ren-
dered. 
‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.—If 
the replacement of existing rail passenger service takes
238 
•HRES 1492 EH 
place within 3 years after the replacing entity com-
mences intercity passenger rail service, the replacing en-
tity 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 para-
graph (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 arbi-
trator using the procedures set forth in paragraph 
(2)(B), who shall, within 20 days after the commence-
ment 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) commuter rail passenger transportation (as de-
fined 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 serv-
ices in connection with commuter rail passenger oper-
ations (as so defined);
239 
•HRES 1492 EH 
‘‘(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 Sec-
retary 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 subtitle V is amended by inserting the following after the 
item relating to chapter 243: 
‘‘244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR 
CAPITAL ASSISTANCE ............................................ 24401’’. 
(c) ASSISTANCE.—In implementing section 24405(a) of 
title 49, United States Code, the Federal Highway Adminis-
tration shall, upon request by the Federal Railroad Adminis-
tration, assist the Federal Railroad Administration in devel-
oping a process for posting on its website or distributing via 
email notices of waiver requests received pursuant to such
240 
•HRES 1492 EH 
subsection and soliciting public comments on the intent to 
issue a waiver. The Federal Railroad Administration’s devel-
opment of such a process does not relieve the Federal Rail-
road Administration of the requirements under paragraph (4) 
of such subsection. 
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, infrastruc-
ture, and equipment 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 cor-
ridors; 
‘‘(2) identified by the Surface Transportation Board 
as necessary to improve the on time performance and re-
241 
•HRES 1492 EH 
liability of intercity rail passenger transportation under 
section 24308(f); and 
‘‘(3) designated by the Secretary as being suffi-
ciently 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 Transpor-
tation shall require each recipient of a grant under this sec-
tion 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 Im-
provement Act of 2008, to the Secretary to carry out this sec-
tion— 
‘‘(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.’’.
242 
•HRES 1492 EH 
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.— 
‘‘(A) IN
GENERAL.—The term ‘private ben-
efit’— 
‘‘(i) means a benefit accrued to a person 
or private entity, other than Amtrak, that di-
rectly improves the economic and competitive 
condition of that person or entity through im-
proved assets, cost reductions, service improve-
ments, or any other means as defined by the 
Secretary; and 
‘‘(ii) shall be determined on a project-by- 
project basis, based upon an agreement be-
tween the parties. 
‘‘(B) CONSULTATION.—The Secretary may 
seek the advice of the States and rail carriers in 
further defining this term.
243 
•HRES 1492 EH 
‘‘(2) PUBLIC BENEFIT.— 
‘‘(A) IN
GENERAL.—The term ‘public ben-
efit’— 
‘‘(i) means a benefit accrued to the public, 
including Amtrak, in the form of enhanced mo-
bility of people or goods, environmental protec-
tion or enhancement, congestion mitigation, en-
hanced trade and economic development, im-
proved air quality or land use, more efficient 
energy use, enhanced public safety or security, 
reduction of public expenditures due to im-
proved transportation efficiency or infrastruc-
ture preservation, and any other positive com-
munity effects as defined by the Secretary; and 
‘‘(ii) shall be determined on a project-by- 
project basis, based upon an agreement be-
tween 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
244 
•HRES 1492 EH 
of the Governor of the State or a State law for prepara-
tion, maintenance, coordination, and administration of 
the State rail plan. 
‘‘§ 22702. Authority 
‘‘(a) IN GENERAL.—Each State may prepare and main-
tain a State rail plan in accordance with the provisions of 
this chapter. 
‘‘(b) REQUIREMENTS.—The Secretary shall establish the 
minimum requirements for the preparation and periodic revi-
sion of a State rail plan, including that a State shall— 
‘‘(1) establish or designate a State rail transpor-
tation 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 Sec-
retary 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 Secretary. 
‘‘§ 22703. Purposes 
‘‘(a) PURPOSES.—The purposes of a State rail plan are 
as follows:
245 
•HRES 1492 EH 
‘‘(1) To set forth State policy involving freight and 
passenger 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 investments within the State. 
‘‘(b) COORDINATION.—A State rail plan shall be coordi-
nated with other State transportation planning goals and pro-
grams, 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 
reasonable notice and opportunity for comment and other 
input to the public, rail carriers, commuter and transit au-
thorities 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 trans-
portation authorities, and municipalities within the State, or
246 
•HRES 1492 EH 
in the region in which the State is located, while preparing 
the plan, and shall include any recommendations made by 
such agencies, authorities, and municipalities as deemed ap-
propriate by the State. 
‘‘§ 22705. Content 
‘‘(a) IN GENERAL.—Each State rail plan shall, at a min-
imum, contain the following: 
‘‘(1) An inventory of the existing overall rail trans-
portation system and rail services and facilities within 
the State and an analysis of the role of rail transpor-
tation within the State’s surface transportation system. 
‘‘(2) A review of all rail lines within the State, in-
cluding proposed high-speed rail corridors and signifi-
cant rail line segments not currently in service. 
‘‘(3) A statement of the State’s passenger rail serv-
ice objectives, including minimum service levels, for rail 
transportation routes in the State. 
‘‘(4) A general analysis of rail’s transportation, eco-
nomic, and environmental impacts in the State, includ-
ing congestion mitigation, trade and economic develop-
ment, air quality, land-use, energy-use, and community 
impacts. 
‘‘(5) A long-range rail investment program for cur-
rent and future freight and passenger infrastructure in 
the State that meets the requirements of subsection (b).
247 
•HRES 1492 EH 
‘‘(6) A statement of public financing issues for rail 
projects and service in the State, including a list of cur-
rent and prospective public capital and operating fund-
ing resources, public subsidies, State taxation, and other 
financial policies relating to rail infrastructure develop-
ment. 
‘‘(7) An identification of rail infrastructure issues 
within the State that reflects consultation with all rel-
evant stakeholders. 
‘‘(8) A review of major passenger and freight inter-
modal rail connections and facilities within the State, in-
cluding 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 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 im-
provements in those services, and a description of strate-
gies to achieve those improvements. 
‘‘(11) A compilation of studies and reports on high- 
speed rail corridor development within the State not in-
cluded in a previous plan under this subchapter, and a
248 
•HRES 1492 EH 
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 PRO-
GRAM.— 
‘‘(1) PROGRAM CONTENT.—A long-range rail invest-
ment program included in a State rail plan under sub-
section (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 cap-
ital 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 pre-
paring the list of freight and intercity passenger rail
249 
•HRES 1492 EH 
capital projects, a State rail transportation authority 
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 involvement. 
‘‘(B) Rail capacity and congestion effects. 
‘‘(C) Effects on highway, aviation, and mari-
time 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.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for subtitle V is amended by inserting the following after the 
item relating to chapter 223: 
‘‘227. State rail plans ......................................................................22701’’.
250 
•HRES 1492 EH 
SEC. 304. TUNNEL PROJECT. 
(a) NEW TUNNEL ALIGNMENT AND ENVIRONMENTAL 
REVIEW.—Not later than September 30, 2013, the Federal 
Railroad Administration, 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 in-
crease 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 sub-
section (a) to the extent that they can demonstrate the inten-
tion 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 fis-
cal years 2009 through 2013. 
SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT 
POOL. 
(a) IN GENERAL.—Within 180 days after the date of en-
actment of this Act, Amtrak shall establish a Next Genera-
tion Corridor Equipment Pool Committee, comprised of rep-
251 
•HRES 1492 EH 
resentatives 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 specifications for, and procure 
standardized next-generation 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 cor-
ridor 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, including equipment cur-
rently owned or leased by Amtrak and next-generation cor-
ridor equipment acquired as a result of the Committee’s ac-
tions, and may establish a corporation, which may be owned 
or jointly-owned by Amtrak, participating States, or other en-
tities, to perform these functions.
252 
•HRES 1492 EH 
(d) FUNDING.—In addition to the authorizations pro-
vided in this section, capital projects to carry out the pur-
poses of this section shall be eligible for grants made pursu-
ant to chapter 244 of title 49, United States Code. 
(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 Gen-
eration Corridor Train Equipment Pool Committee estab-
lished under this section for the purpose of designing, devel-
oping specifications for, and initiating the procurement of an 
initial order of 1 or more types of standardized next-genera-
tion 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, incremen-
253 
•HRES 1492 EH 
tally enhanced rail systems and infrastructure, and new 
high-speed wheel-on-rail systems; 
‘‘(2) address ways to expand the transportation of 
international trade traffic by rail, enhance the efficiency 
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 interconnectedness of 
commuter rail, passenger rail, freight rail, and other rail 
networks; and 
‘‘(4) give consideration to regional concerns regard-
ing 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 section 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, includ-
ing the effects on highway and airport and airway con-
gestion, environmental quality, and energy consumption; 
‘‘(3) to develop a better understanding of modal 
choice as it affects rail passenger and freight transpor-
254 
•HRES 1492 EH 
tation, including development of better models to predict 
utilization; 
‘‘(4) to recommend priorities for technology dem-
onstration and development; 
‘‘(5) to meet additional priorities as determined by 
the advisory board established under subsection (c), in-
cluding any recommendations made by the National Re-
search Council; 
‘‘(6) to explore improvements in management, fi-
nancing, 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 improvements to 
dedicated new infrastructure, taking into account the im-
pact 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 de-
termining intercity passenger rail routes and services, in-
cluding 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 oper-
ational safety standards on the further development of
255 
•HRES 1492 EH 
high-speed passenger rail operations connected to or in-
tegrated with non-high-speed freight or passenger rail 
operations; 
‘‘(11) to recommend any legislative or regulatory 
changes necessary to foster further development and im-
plementation 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 rec-
ommend research, technology, and technology transfer 
activities related to rail passenger and freight transpor-
tation. 
‘‘(2) MEMBERSHIP.—The advisory board shall in-
clude—
256 
•HRES 1492 EH 
‘‘(A) representatives of State transportation 
agencies; 
‘‘(B) transportation and environmental econo-
mists, scientists, and engineers; and 
‘‘(C) representatives of Amtrak, the Alaska 
Railroad, freight railroads, transit operating agen-
cies, 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 ac-
tivities 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 Transpor-
tation $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);
257 
•HRES 1492 EH 
(2) by striking the second and third sentences of 
subsection (a); 
(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 geo-
graphical basis into at least 8 safety offices. The Secretary 
of Transportation is responsible for all acts taken under those 
laws and for ensuring that the laws are uniformly adminis-
tered and enforced among the safety offices.’’; and 
(4) by adding at the end the following: 
‘‘(j) ADDITIONAL DUTIES OF THE ADMINISTRATOR.— 
The Administrator 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 
consistent 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;
258 
•HRES 1492 EH 
‘‘(4) develop and enhance partnerships with the 
freight and passenger railroad industry, States, and the 
public concerning rail development; 
‘‘(5) support rail intermodal development and high- 
speed rail development, including high speed rail plan-
ning; 
‘‘(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 integration on shared rights of way by 
providing neutral assistance at the joint request of af-
fected rail service providers and infrastructure owners 
relating to operations and capacity analysis, capital re-
quirements, 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 objectives established and activities undertaken 
under subsection (j) of this section, the Administrator 
shall develop a schedule for achieving specific, measur-
able performance goals.
259 
•HRES 1492 EH 
‘‘(2) RESOURCE NEEDS.—The strategy and annual 
plans shall include estimates of the funds and staff re-
sources needed to accomplish each goal and the addi-
tional duties required under subsection (j). 
‘‘(3) SUBMISSION
WITH
PRESIDENT’S
BUDGET.— 
Beginning with fiscal year 2010 and each fiscal year 
thereafter, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, at the same 
time as the President’s budget submission, the Adminis-
tration’s performance goals and schedule developed 
under paragraph (1), including an assessment of the 
progress of the Administration toward achieving its per-
formance goals.’’. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. COMMUTER RAIL MEDIATION. 
(a) AMENDMENT.—Part E of subtitle V is amended by 
adding at the end the following: 
‘‘CHAPTER 285—COMMUTER RAIL MEDIATION 
‘‘Sec. 
‘‘28501. Definitions 
‘‘28502. Surface Transportation Board mediation of trackage use requests. 
‘‘28503. Surface Transportation Board mediation of rights-of-way use requests. 
‘‘28504. Applicability of other laws. 
‘‘28505. Rules and regulations.
260 
•HRES 1492 EH 
‘‘§ 28501. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘Board’ means the Surface Transpor-
tation Board; 
‘‘(2) the term ‘capital work’ means maintenance, 
restoration, reconstruction, capacity enhancement, or re-
habilitation work on trackage that would be treated, in 
accordance with generally accepted accounting principles, 
as a capital item rather than an expense; 
‘‘(3) the term ‘commuter rail passenger transpor-
tation’ has the meaning given that term in section 
24102; 
‘‘(4) the term ‘public transportation authority’ 
means a local governmental authority (as defined in sec-
tion 5302(a)(6)) established to provide, or make a con-
tract providing for, commuter rail passenger transpor-
tation; 
‘‘(5) the term ‘rail carrier’ means a person, other 
than a governmental authority, providing common car-
rier railroad transportation for compensation subject to 
the jurisdiction of the Board under chapter 105; 
‘‘(6) the term ‘segregated fixed guideway facility’ 
means a fixed guideway facility constructed within the 
railroad right-of-way of a rail carrier but physically sepa-
rate from trackage, including relocated trackage, within
261 
•HRES 1492 EH 
the right-of-way used by a rail carrier for freight trans-
portation 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 car-
rier. 
‘‘§ 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 commuter rail passenger 
transportation, the public transportation authority or the rail 
carrier may apply to the Board for nonbinding mediation. 
The Board shall conduct the nonbinding mediation in accord-
ance with the mediation process of section 1109.4 of title 49, 
Code of Federal Regulations, as in effect on the date of en-
actment of this section. 
‘‘§ 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 to provide commuter rail passenger transportation,
262 
•HRES 1492 EH 
the public transportation authority or the rail carrier may 
apply to the Board for nonbinding mediation. The Board 
shall conduct the nonbinding mediation in accordance with 
the mediation process of section 1109.4 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment of 
this section. 
‘‘§ 28504. Applicability of other laws 
‘‘Nothing in this chapter shall be construed to limit a 
rail transportation provider’s right under section 28103(b) to 
enter into contracts that allocate financial responsibility for 
claims. 
‘‘§ 28505. Rules and regulations 
‘‘Within 1 year after the date of enactment of this sec-
tion, the Board shall issue such rules and regulations 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 relating to 
chapter 283 the following: 
‘‘285. COMMUTER RAIL MEDIATION ............................................... 28501’’. 
SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK. 
Amtrak, commuter rail entities, regional and State pub-
lic transportation authorities, and freight railroad carriers are 
encouraged to engage in good faith discussions with respect 
to the routing and timing of trains to efficiently move a max-
imum number of commuter, intercity, and regional rail pas-
263 
•HRES 1492 EH 
sengers, particularly during the peak times of commuter 
usage. 
SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER RAIL 
EXPANSION. 
(a) FINDINGS.—The Congress find the following: 
(1) In 2006, Americans took 10.1 billion trips on 
public transportation for the first time since 1949. 
(2) The Northeast region is one of the Nation’s 
largest emerging transportation ‘‘megaregions’’ where in-
frastructure expansion and improvements are most need-
ed. 
(3) New England’s road traffic has increased two to 
three times faster than its population since 1990. 
(4) Connecticut has one of the Nation’s longest av-
erage commute times according to the United States 
Census Bureau, and 80 percent of Connecticut com-
muters drive by themselves to work, demonstrating the 
need for expanded commuter rail access. 
(5) The Connecticut Department of Transportation 
has pledged to modernize, repair, and strengthen the rail 
line infrastructure to provide for increased safety and se-
curity along a crucial transportation corridor in the 
Northeast. 
(6) Expanded New Haven-Springfield rail service 
would improve access to Bradley International Airport,
264 
•HRES 1492 EH 
one the region’s busiest airports, as well as to Hartford, 
Connecticut, and Springfield, Massachusetts, two of the 
region’s commercial, residential, and industrial centers. 
(7) Expanded commuter rail service on the New 
Haven-Springfield line could result in an estimated 
630,000 additional trips per year and 2,215,384 pas-
senger miles per year, helping to curb pollution and 
greenhouse gas emissions from road vehicle traffic. 
(8) The MetroNorth New Haven Line and Shore 
Line East railways saw respective 3.43 percent and 4.93 
percent increases in ridership over the course of 2007, 
demonstrating the need for expanded commuter rail 
service in Connecticut. 
(9) Expanded New Haven-Springfield commuter 
rail service could provide transportation nearly 17 times 
more efficient in terms of average mileage versus road 
vehicles, alleviating road congestion and providing a sig-
nificant savings to consumers during a time of high gas 
prices. 
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that expanded commuter rail service on the rail line be-
tween New Haven, Connecticut, and Springfield, Massachu-
setts, is an important transportation priority, and Amtrak 
should work cooperatively with the States of Connecticut and
265 
•HRES 1492 EH 
Massachusetts to enable expanded commuter rail service on 
such line. 
(c) INFRASTRUCTURE MAINTENANCE REPORT.—Amtrak 
shall submit a report to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate, and to the State Departments of Transportation of 
Connecticut and Massachusetts, on the total cost of 
uncompleted infrastructure maintenance on the rail line be-
tween New Haven, Connecticut, and Springfield, Massachu-
setts. 
SEC. 404. LOCOMOTIVE BIOFUEL STUDY. 
(a) IN GENERAL.—The Secretary, in consultation with 
the Secretary of Energy and the Administrator of the Envi-
ronmental Protection Agency, shall conduct a study to deter-
mine the extent to which freight railroads, Amtrak, and other 
passenger rail operators could use biofuel blends to power lo-
comotives and other vehicles that can operate on diesel fuel, 
as appropriate. 
(b) DEFINITION.—In this section, the term ‘‘biofuel’’ has 
the meaning given such term by section 9001 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8101). 
(c) FACTORS.—In conducting the study, the Secretary 
shall consider—
266 
•HRES 1492 EH 
(1) the energy intensity of various biofuel blends 
compared to diesel fuel; 
(2) environmental and energy effects of using var-
ious biofuel blends compared to diesel fuel, including 
emission effects; 
(3) the cost of purchasing biofuel blends; 
(4) whether sufficient biofuel is readily available; 
(5) any public benefits derived from the use of such 
fuels; and 
(6) the effect of biofuel use on locomotive and other 
vehicle performance and warranty specifications. 
(d) LOCOMOTIVE TESTING.—As part of the study, the 
Secretary shall test locomotive engine performance and emis-
sions using blends of biofuel and diesel fuel in order to rec-
ommend premium locomotive biofuel blends. 
(e) REPORT.—Within 1 year after the date of enactment 
of this Act, the Secretary shall issue the results of this study 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
SEC. 405. STUDY OF THE USE OF BIOBASED TECHNOLOGIES. 
Within 1 year after the date of enactment of this Act, 
the Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
267 
•HRES 1492 EH 
tation of the Senate a report containing the results of a study 
of the feasibility of using readily biodegradable lubricants for 
freight and passenger railroad locomotives, rolling stock, or 
other equipment. The Secretary shall work with an agricul-
tural-based lubricant testing facility or facilities to complete 
this study. The study shall include— 
(1) an analysis of the potential use of soy-based 
grease and soy-based hydraulic fluids to perform accord-
ing to railroad industry standards; 
(2) an analysis of the potential use of other readily 
biodegradable lubricants to perform according to railroad 
industry standards; 
(3) a comparison of the health and safety of petro-
leum-based lubricants with biobased lubricants, which 
shall include an analysis of fire safety; and 
(4) a comparison of the environmental impact of pe-
troleum-based lubricants with biobased lubricants, which 
shall include the rate and effects of biodegradability. 
SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE. 
(a) PLAN.—Not later than 1 year after the date of the 
enactment of this Act, Amtrak shall, in consultation with the 
Secretary, the Secretary of Homeland Security, the Wash-
ington State Department of Transportation, and the owners 
of the relevant railroad infrastructure—
268 
•HRES 1492 EH 
(1) develop a strategic plan to facilitate expanded 
passenger rail service across the international border be-
tween the United States and Canada during the 2010 
Olympic Games on the Amtrak passenger rail route be-
tween Vancouver, British Columbia, Canada, and Eu-
gene, Oregon (commonly known as ‘‘Amtrak Cascades’’); 
(2) develop recommendations for the Department of 
Homeland Security to process efficiently rail passengers 
traveling on Amtrak Cascades across such international 
border during the 2010 Olympic Games; and 
(3) submit to Congress a report containing the stra-
tegic plan described in paragraph (1) and the rec-
ommendations described in paragraph (2). 
(b) TRAVEL FACILITATION.—Using existing authority or 
agreements, or upon reaching additional agreements with 
Canada, the Secretary and other Federal agencies, as appro-
priate, are authorized to establish facilities and procedures to 
conduct preclearance of passengers traveling on Amtrak 
trains from Canada to the United States. The Secretary shall 
seek to establish such facilities and procedures— 
(1) in Vancouver, Canada, no later than June 1, 
2009; and 
(2) in other areas as determined appropriate by the 
Secretary.
269 
•HRES 1492 EH 
SEC. 407. HISTORIC PRESERVATION OF RAILROADS. 
(a) STUDY; OTHER ACTIONS.—The Secretary of Trans-
portation shall— 
(1) conduct a study, in consultation with the Advi-
sory Council on Historic Preservation, the National Con-
ference of State Historic Preservation Officers, the De-
partment of the Interior, appropriate representatives of 
the railroad industry, and representative stakeholders, 
on ways to streamline compliance with the requirements 
of section 303 of title 49, United States Code, and sec-
tion 106 of the National Historic Preservation Act (16 
U.S.C. 470f) for federally funded railroad infrastructure 
repair and improvement projects; 
(2) take immediate action to cooperate with the 
Alaska Railroad, the Alaska State Historic Preservation 
Office, the Advisory Council on Historic Preservation, 
and the Department of the Interior, in expediting the de-
cisionmaking process for safety-related projects of the 
railroad involving property and facilities that have dis-
puted historic significance; and 
(3) take immediate action to cooperate with the 
North Carolina Department of Transportation, the 
North Carolina State Historic Preservation Office, the 
Virginia State Historic Preservation Office, the Advisory 
Council on Historic Preservation, and the Department of 
the Interior, in expediting the decisionmaking process for
270 
•HRES 1492 EH 
safety-related railroad projects of the North Carolina 
Department of Transportation and the Southeast High 
Speed Rail Corridor involving property and facilities that 
have disputed historic significance. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit, to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, a report on the 
results of the study conducted under subsection (a)(1) and 
the actions directed under subsection (a)(2) and (3). The re-
port shall include recommendations for any regulatory or leg-
islative amendments that may streamline compliance with the 
requirements described in subsection (a)(1) in a manner con-
sistent with railroad safety and the policies and purposes of 
section 106 of the National Historic Preservation Act (16 
U.S.C. 470f), section 303 of title 49, United States Code, 
and section 8(d) of Public Law 90–543 (16 U.S.C. 1247(d)). 
TITLE V—HIGH-SPEED RAIL 
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 
(a) CORRIDOR PLANNING.—Section 26101 is amended— 
(1) in the section heading, by striking ‘‘Corridor 
development’’ and inserting ‘‘High-speed rail 
corridor planning’’;
271 
•HRES 1492 EH 
(2) in the heading of subsection (a), by striking 
‘‘CORRIDOR DEVELOPMENT’’ and inserting ‘‘CORRIDOR 
PLANNING’’; 
(3) by striking ‘‘corridor development’’ each place it 
appears and inserting ‘‘corridor planning’’; and 
(4) in subsection (c)(2), by striking ‘‘development’’ 
and inserting ‘‘planning’’. 
(b) AUTHORIZATION
OF
APPROPRIATIONS.—Section 
26104 is amended in paragraph (1) of subsection (a) by 
striking ‘‘$70,000,000’’ and inserting ‘‘$30,000,000’’. 
(c) CONFORMING AMENDMENT.—The item relating to 
section 26101 in the table of sections of chapter 261 is 
amended by striking ‘‘Corridor development’’ and inserting 
‘‘High-speed rail corridor planning’’. 
(d) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 
Chapter 261 is amended by adding at the end thereof the fol-
lowing: 
‘‘§ 26106. High-speed rail corridor development 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish and implement a high-speed rail corridor devel-
opment program. 
‘‘(b) DEFINITIONS.—In this section, the following defini-
tions apply: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a 
State, a group of States, an Interstate Compact, a public
272 
•HRES 1492 EH 
agency established by one or more States and having re-
sponsibility for providing high-speed rail service, or Am-
trak. 
‘‘(2) CORRIDOR.—The term ‘corridor’ means a cor-
ridor 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 devel-
oped under chapter 227 of this title for acquiring, con-
structing, improving, or inspecting equipment, track, and 
track structures, or a facility of use in or for the pri-
mary benefit of high-speed rail service, expenses inci-
dental to the acquisition or construction (including de-
signing, engineering, location surveying, mapping, envi-
ronmental studies, and acquiring rights-of-way), pay-
ments for the capital portions of rail trackage rights 
agreements, highway-rail grade crossing improvements 
related to high-speed rail service, mitigating environ-
mental impacts, communication and signalization im-
provements, relocation assistance, acquiring replacement 
housing sites, and acquiring, constructing, relocating, 
and rehabilitating 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.
273 
•HRES 1492 EH 
‘‘(5) INTERCITY PASSENGER RAIL SERVICE.—The 
term ‘intercity passenger rail service’ has the meaning 
given the term ‘intercity rail passenger transportation’ in 
section 24102 of this title. 
‘‘(6) 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 receive 
a grant under this section to develop a high-speed rail cor-
ridor shall submit to the Secretary an application in such 
form and in accordance with such requirements as the Sec-
retary shall establish. 
‘‘(e) COMPETITIVE GRANT SELECTION AND CRITERIA 
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 appli-
cations; and 
‘‘(C) award grants on a competitive basis.
274 
•HRES 1492 EH 
‘‘(2) GRANT CRITERIA.—The Secretary, in selecting 
the recipients of high-speed rail development grants to 
be provided under subsection (c), shall— 
‘‘(A) require— 
‘‘(i) that the project be part of a State rail 
plan developed under chapter 227 of this title, 
or under the plan required by section 211 of 
the Passenger Rail Investment and Improve-
ment Act of 2008; 
‘‘(ii) that the applicant or recipient has or 
will have the legal, financial, and technical ca-
pacity to carry out the project, satisfactory 
continuing control over the use of the equip-
ment or facilities, and the capability and will-
ingness to maintain the equipment or facilities; 
‘‘(iii) that the project be based on the re-
sults of preliminary engineering studies or 
other planning, including corridor planning ac-
tivities funded under section 26101 of this 
title; 
‘‘(iv) that the applicant provides sufficient 
information upon which the Secretary can 
make the findings required by this subsection; 
‘‘(v) that if an applicant has selected the 
proposed operator of its service, that the appli-
275 
•HRES 1492 EH 
cant provide written justification to the Sec-
retary showing why the proposed operator is 
the best, taking into account costs and other 
factors; 
‘‘(vi) that each proposed project meet all 
safety and security requirements that are ap-
plicable to the project under law; and 
‘‘(vii) that each project be compatible 
with, and operated in conformance with— 
‘‘(I) plans developed pursuant to the 
requirements of section 135 of title 23; 
and 
‘‘(II) the national rail plan (if it is 
available); 
‘‘(B) select high-speed rail projects— 
‘‘(i) that are anticipated to result in sig-
nificant improvements to intercity rail pas-
senger service, including, but not limited to, 
consideration of the project’s— 
‘‘(I) levels of estimated ridership, in-
creased on-time performance, reduced trip 
time, additional service frequency to meet 
anticipated or existing demand, or other 
significant service enhancements as meas-
ured against minimum standards devel-
276 
•HRES 1492 EH 
oped under section 207 of the Passenger 
Rail Investment and Improvement Act of 
2008; 
‘‘(II) anticipated favorable impact on 
air or highway traffic congestion, capacity, 
or safety; and 
‘‘(ii) for which there is a high degree of 
confidence that the proposed project is feasible 
and will result in the anticipated benefits, as 
indicated by— 
‘‘(I) the project’s precommencement 
compliance with environmental protection 
requirements; 
‘‘(II) the readiness of the project to 
be commenced; 
‘‘(III) the commitment of any af-
fected host rail carrier to ensure the real-
ization of the anticipated benefits; and 
‘‘(IV) other relevant factors as deter-
mined by the Secretary; 
‘‘(iii) for which the level of the anticipated 
benefits compares favorably to the amount of 
Federal funding requested under this section; 
and 
‘‘(C) give greater consideration to projects—
277 
•HRES 1492 EH 
‘‘(i) that are anticipated to result in bene-
fits to other modes of transportation and to 
the public at large, including, but not limited 
to, consideration of the project’s— 
‘‘(I) encouragement of intermodal 
connectivity through provision of direct 
connections between train stations, air-
ports, bus terminals, subway stations, 
ferry ports, and other modes of transpor-
tation; 
‘‘(II) anticipated improvement of con-
ventional intercity passenger, freight, or 
commuter rail operations; 
‘‘(III) use of positive train control 
technologies; 
‘‘(IV) environmental benefits, includ-
ing projects that involve the purchase of 
environmentally sensitive, fuel-efficient, 
and cost-effective passenger rail equip-
ment; 
‘‘(V) anticipated positive economic 
and employment impacts; 
‘‘(VI) encouragement of State and 
private contributions toward station devel-
278 
•HRES 1492 EH 
opment, energy and environmental effi-
ciency, and economic benefits; and 
‘‘(VII) falling under the description 
in section 5302(a)(1)(G) of this title as 
defined to support intercity passenger rail 
service; and 
‘‘(ii) that incorporate equitable financial 
participation in the project’s financing, includ-
ing, but not limited to, consideration of— 
‘‘(I) donated property interests or 
services; 
‘‘(II) financial contributions by inter-
city passenger, freight, and commuter rail 
carriers commensurate with the benefit 
expected to their operations; and 
‘‘(III) financial commitments from 
host railroads, non-Federal governmental 
entities, non-governmental entities, and 
others. 
‘‘(3) GRANT CONDITIONS.—The Secretary shall re-
quire each recipient of a grant under this chapter to 
comply with the grant requirements of section 24405 of 
this title. 
‘‘(4) STATE
RAIL
PLANS.—State rail plans com-
pleted before the date of enactment of the Passenger
279 
•HRES 1492 EH 
Rail Investment and Improvement Act of 2008 that sub-
stantially meet the requirements of chapter 227 of this 
title, as determined by the Secretary pursuant to section 
22506 of this title, shall be deemed by the Secretary to 
have met the requirements of paragraph (2)(A)(i) of this 
subsection. 
‘‘(f) FEDERAL SHARE.—The Federal share of the cost 
of a project financed under this section shall not exceed 80 
percent of the project net capital cost. 
‘‘(g) ISSUANCE OF REGULATIONS.—Within 1 year after 
the date of enactment of this section, the Secretary shall 
issue regulations to carry out this section. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
this section— 
‘‘(1) $150,000,000 for fiscal year 2009; 
‘‘(2) $300,000,000 for fiscal year 2010; 
‘‘(3) $350,000,000 for fiscal year 2011; 
‘‘(4) $350,000,000 for fiscal year 2012; and 
‘‘(5) $350,000,000 for fiscal year 2013.’’. 
(e) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 261 is amended by adding after the item 
relating to section 26105 the following new item: 
‘‘26106. High-speed rail corridor development.’’. 
SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS. 
(a) SOLICITATION OF PROPOSALS.—
280 
•HRES 1492 EH 
(1) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall issue 
a request for proposals for projects for the financing, de-
sign, construction, operation, and maintenance of a high- 
speed intercity passenger rail system operating within a 
high-speed rail corridor, including— 
(A) the Northeast Corridor; 
(B) the California Corridor; 
(C) the Empire Corridor; 
(D) the Pacific Northwest Corridor; 
(E) the South Central Corridor; 
(F) the Gulf Coast Corridor; 
(G) the Chicago Hub Network; 
(H) the Florida Corridor; 
(I) the Keystone Corridor; 
(J) the Northern New England Corridor; and 
(K) the Southeast Corridor. 
(2) SUBMISSION.—Proposals shall be submitted to 
the Secretary not later than 270 days after the publica-
tion of such request for proposals under paragraph (1). 
(3) PERFORMANCE
STANDARD.—Proposals sub-
mitted under paragraph (2) must meet any standards 
established by the Secretary. For corridors with existing 
intercity passenger rail service, proposals shall also be 
designed to achieve a reduction of existing minimum
281 
•HRES 1492 EH 
intercity rail service trip times between the main cor-
ridor city pairs by a minimum of 25 percent. In the case 
of a proposal submitted with respect to paragraph 
(1)(A), the proposal must be designed to achieve a 2- 
hour or less express service between Washington, Dis-
trict of Columbia, and New York City, New York. 
(4) CONTENTS.—A proposal submitted under this 
subsection shall include— 
(A) the names and qualifications of the persons 
submitting the proposal and the entities proposed to 
finance, design, construct, operate, and maintain 
the railroad, railroad equipment, and related facili-
ties, stations, and infrastructure; 
(B) a detailed description of the proposed rail 
service, including possible routes, required infra-
structure investments and improvements, equipment 
needs and type, train frequencies, peak and average 
operating speeds, and trip times; 
(C) a description of how the project would 
comply with Federal rail safety and security laws, 
orders, and regulations governing high-speed rail 
operations; 
(D) the locations of proposed stations, which 
maximize the usage of existing infrastructure to the
282 
•HRES 1492 EH 
extent possible, and the populations such stations 
are intended to serve; 
(E) the type of equipment to be used, including 
any technologies, to achieve trip time goals; 
(F) a description of any proposed legislation 
needed to facilitate all aspects of the project; 
(G) a financing plan identifying— 
(i) projected revenue, and sources thereof; 
(ii) the amount of any requested public 
contribution toward the project, and proposed 
sources; 
(iii) projected annual ridership projections 
for the first 10 years of operations; 
(iv) annual operations and capital costs; 
(v) the projected levels of capital invest-
ments required both initially and in subsequent 
years to maintain a state-of-good-repair nec-
essary to provide the initially proposed level of 
service or higher levels of service; 
(vi) projected levels of private investment 
and sources thereof, including the identity of 
any person or entity that has made or is ex-
pected to make a commitment to provide or se-
cure funding and the amount of such commit-
ment; and
283 
•HRES 1492 EH 
(vii) projected funding for the full fair 
market compensation for any asset, property 
right or interest, or service acquired from, 
owned, or held by a private person or Federal 
entity that would be acquired, impaired, or di-
minished in value as a result of a project, ex-
cept as otherwise agreed to by the private per-
son or entity; 
(H) a description of how the project would con-
tribute to the development of a national high-speed 
rail system and an intermodal plan describing how 
the system will facilitate convenient travel connec-
tions with other transportation services; 
(I) a description of how the project will ensure 
compliance with Federal laws governing the rights 
and status of employees associated with the route 
and service, including those specified in section 
24405 of title 49, United States Code; 
(J) a description of how the design, construc-
tion, implementation, and operation of the project 
will accommodate and allow for future growth of ex-
isting and projected intercity, commuter, and 
freight rail service; 
(K) a description of how the project would 
comply with Federal and State environmental laws
284 
•HRES 1492 EH 
and regulations, of what the environmental impacts 
would result from the project, and how any adverse 
impacts would be mitigated; and 
(L) a description of the project’s impacts on 
highway and aviation congestion, energy consump-
tion, land use, and economic development in the 
service area. 
(b) DETERMINATION AND ESTABLISHMENT OF COMMIS-
SIONS.—Not later than 60 days after receipt of the proposals 
under subsection (a), the Secretary shall— 
(1) make a determination as to whether any such 
proposals— 
(A) contain the information required under 
subsection (a)(3) and (4); 
(B) are sufficiently credible to warrant further 
consideration; 
(C) are likely to result in a positive impact on 
the Nation’s transportation system; and 
(D) are cost-effective and in the public inter-
est; and 
(2) establish a commission under subsection (c) for 
each corridor with one or more proposals that the Sec-
retary determines satisfies the requirements of para-
graph (1), and forward to each commission such pro-
posals for review and consideration.
285 
•HRES 1492 EH 
(c) COMMISSIONS.— 
(1) MEMBERS.—Each commission referred to in 
subsection (b)(2) shall include— 
(A) the governors of the affected States, or 
their respective designees; 
(B) mayors of appropriate municipalities along 
the proposed corridor, or their respective designees; 
(C) a representative from each freight railroad 
carrier using the relevant corridor, if applicable; 
(D) a representative from each transit author-
ity using the relevant corridor, if applicable; 
(E) representatives of nonprofit employee labor 
organizations representing affected railroad employ-
ees; and 
(D) the President of Amtrak or his or her des-
ignee. 
(2) APPOINTMENT AND SELECTION.—The Secretary 
shall appoint the members under paragraph (1). In se-
lecting each commission’s members to fulfill the require-
ments under paragraph (1)(B) and (E), the Secretary 
shall consult with the Chairmen and Ranking Members 
of the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure.
286 
•HRES 1492 EH 
(3) CHAIRPERSON AND VICE-CHAIRPERSON SELEC-
TION.—The Chairperson and Vice-Chairperson shall be 
elected from among members of each commission. 
(4) QUORUM AND VACANCY.— 
(A) QUORUM.—A majority of the members of 
each commission shall constitute a quorum. 
(B) VACANCY.—Any vacancy in each commis-
sion shall not affect its powers and shall be filled 
in the same manner in which the original appoint-
ment was made. 
(5) APPLICATION OF LAW.—Except where otherwise 
provided by this section, the Federal Advisory Com-
mittee Act (P.L. 92–463) shall apply to each commission 
created under this section. 
(d) COMMISSION CONSIDERATION.— 
(1) IN
GENERAL.—Each commission established 
under subsection (b)(2) shall be responsible for reviewing 
the proposal or proposals forwarded to it under that sub-
section and not later than 90 days after the establish-
ment of the commission, shall transmit to the Secretary 
a report which includes— 
(A) a summary of each proposal received; 
(B) services to be provided under each pro-
posal, including projected ridership, revenues, and 
costs;
287 
•HRES 1492 EH 
(C) proposed public and private contributions 
for each proposal; 
(D) the advantages offered by the proposal 
over existing intercity passenger rail services; 
(E) public operating subsidies or assets needed 
for the proposed project; 
(F) possible risks to the public associated with 
the proposal, including risks associated with project 
financing, implementation, completion, safety, and 
security; 
(G) a ranked list of the proposals rec-
ommended for further consideration under sub-
section (e) in accordance with each proposal’s pro-
jected positive impact on the Nation’s transpor-
tation system; 
(H) an identification of any proposed Federal 
legislation that would facilitate implementation of 
the projects and Federal legislation that would be 
required to implement the projects; and 
(I) any other recommendations by the commis-
sion concerning the proposed projects. 
(2) VERBAL
PRESENTATION.—Proposers shall be 
given an opportunity to make a verbal presentation to 
the commission to explain their proposals.
288 
•HRES 1492 EH 
(3) AUTHORIZATION
OF
APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for 
the use of each commission established under subsection 
(b)(2) such sums as are necessary to carry out this sec-
tion. 
(e) SELECTION BY SECRETARY.— 
(1) Not later than 60 days after receiving the rec-
ommended proposals of the commissions established 
under subsection (b)(2), the Secretary shall— 
(A) review such proposals and select any pro-
posal which provides substantial benefits to the pub-
lic and the national transportation system, is cost- 
effective, offers significant advantages over existing 
services, and meets other relevant factors deter-
mined appropriate by the Secretary; and 
(B) issue a report to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate con-
taining any proposal with respect to subsection 
(a)(1)(A) that is selected by the Secretary under 
subparagraph (A) of this paragraph, all the infor-
mation regarding the proposal provided to the Sec-
retary under subsection (d), and any other relevant 
information deemed appropriate.
289 
•HRES 1492 EH 
(2) Following the submission of the report under 
paragraph (1)(B), the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a re-
port containing any proposal with respect to subpara-
graphs (B) through (K) of subsection (a)(1) that are se-
lected by the Secretary under paragraph (1) of this sub-
section, all the information regarding the proposal pro-
vided to the Secretary under subsection (d), and any 
other relevant information deemed appropriate. 
(3) The report required under paragraph (2) shall 
not be submitted by the Secretary until the report sub-
mitted under paragraph (1) has been considered through 
a hearing by the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation 
of the Senate on the report submitted under paragraph 
(1)(B). 
(f) PRELIMINARY ENGINEERING.—For planning and 
preliminary engineering activities that meet the criteria of 
section 26101 of title 49, United States Code, (other than 
subsections (a) and (b)(2)) that are undertaken after the Sec-
retary submits reports to the Committee on Transportation 
and Infrastructure of the House of Representatives and the
290 
•HRES 1492 EH 
Committee on Commerce, Science, and Transportation of the 
Senate as required under subsection (e), not to exceed 
$5,000,000 is authorized to be appropriated from funds made 
available under section 26104(a) of such title. Only 1 pro-
posal for each corridor under subsection (a) shall be eligible 
for such funds. 
(g) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 
No Federal agency may take any action to implement, estab-
lish, facilitate, or otherwise act upon any proposal submitted 
under this section, other than those actions specifically au-
thorized by this section, without explicit statutory authority 
enacted after the date of enactment of this Act. 
(h) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) INTERCITY PASSENGER RAIL.—The term ‘‘inter-
city passenger rail’’ means intercity rail passenger trans-
portation as defined in section 24102 of title 49, United 
States Code. 
(2) STATE.—The term ‘‘State’’ means any of the 
50 States or the District of Columbia. 
(3) NORTHEAST CORRIDOR.—The term ‘‘Northeast 
Corridor’’ has the meaning given under section 24102 of 
title 49, United States Code. 
(4) HIGH-SPEED
RAIL
CORRIDOR.—The terms 
‘‘high-speed rail corridor’’ and ‘‘corridor’’ mean a cor-
291 
•HRES 1492 EH 
ridor designated by the Secretary pursuant to section 
104(d)(2) of title 23, United States Code, and the 
Northeast Corridor. 
TITLE VI—CAPITAL AND PREVEN-
TIVE MAINTENANCE PROJECTS 
FOR WASHINGTON METROPOLI-
TAN AREA TRANSIT AUTHORITY 
SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE 
MAINTENANCE PROJECTS FOR WASHINGTON MET-
ROPOLITAN AREA TRANSIT AUTHORITY. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—Subject to the succeeding provi-
sions of this section, the Secretary of Transportation is 
authorized to make grants to the Transit Authority, in 
addition to the contributions authorized under sections 
3, 14, and 17 of the National Capital Transportation 
Act of 1969 (sec. 9–1101.01 et seq., D.C. Official Code), 
for the purpose of financing in part the capital and pre-
ventive maintenance projects included in the Capital Im-
provement Program approved by the Board of Directors 
of the Transit Authority. 
(2) DEFINITIONS.—In this section— 
(A) the term ‘‘Transit Authority’’ means the 
Washington Metropolitan Area Transit Authority 
established under Article III of the Compact; and
293 
•HRES 1492 EH 
(c) APPLICABILITY
OF
REQUIREMENTS
FOR
MASS 
TRANSPORTATION CAPITAL PROJECTS RECEIVING FUNDS 
UNDER FEDERAL TRANSPORTATION LAW.—Except as spe-
cifically provided in this section, the use of any amounts ap-
propriated pursuant to the authorization under this section 
shall be subject to the requirements applicable to capital 
projects for which funds are provided under chapter 53 of 
title 49, United States Code, except to the extent that the 
Secretary of Transportation determines that the requirements 
are inconsistent with the purposes of this section. 
(d) AMENDMENTS TO COMPACT.—No amounts may be 
provided to the Transit Authority pursuant to the authoriza-
tion under this section until the Transit Authority notifies 
the Secretary of Transportation that each of the following 
amendments to the Compact (and any further amendments 
which may be required to implement such amendments) have 
taken effect: 
(1)(A) An amendment requiring that all payments 
by the local signatory governments for the Transit Au-
thority for the purpose of matching any Federal funds 
appropriated in any given year authorized under sub-
section (a) for the cost of operating and maintaining the 
adopted regional system are made from amounts derived 
from dedicated funding sources.
294 
•HRES 1492 EH 
(B) For purposes of this paragraph, the term ‘‘dedi-
cated funding source’’ means any source of funding 
which is earmarked or required under State or local law 
to be used to match Federal appropriations authorized 
under this division for payments to the Transit Author-
ity. 
(2) An amendment establishing an Office of the In-
spector General of the Transit Authority. 
(3) An amendment expanding the Board of Direc-
tors of the Transit Authority to include 4 additional Di-
rectors appointed by the Administrator of General Serv-
ices, of whom 2 shall be nonvoting and 2 shall be voting, 
and requiring one of the voting members so appointed to 
be a regular passenger and customer of the bus or rail 
service of the Transit Authority. 
(e) ACCESS TO WIRELESS SERVICE IN METRORAIL SYS-
TEM.— 
(1) REQUIRING TRANSIT AUTHORITY TO PROVIDE 
ACCESS TO SERVICE.—No amounts may be provided to 
the Transit Authority pursuant to the authorization 
under this section unless the Transit Authority ensures 
that customers of the rail service of the Transit Author-
ity have access within the rail system to services pro-
vided by any licensed wireless provider that notifies the 
Transit Authority (in accordance with such procedures
295 
•HRES 1492 EH 
as the Transit Authority may adopt) of its intent to 
offer service to the public, in accordance with the fol-
lowing timetable: 
(A) Not later than 1 year after the date of the 
enactment of this Act, in the 20 underground rail 
station platforms with the highest volume of pas-
senger traffic. 
(B) Not later than 4 years after such date, 
throughout the rail system. 
(2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM 
FOR UPGRADES AND MAINTENANCE.—No amounts may 
be provided to the Transit Authority pursuant to the au-
thorization under this section unless the Transit Author-
ity ensures that each licensed wireless provider who pro-
vides service to the public within the rail system pursu-
ant to paragraph (1) has access to the system on an on-
going basis (subject to such restrictions as the Transit 
Authority may impose to ensure that such access will not 
unduly impact rail operations or threaten the safety of 
customers or employees of the rail system) to carry out 
emergency repairs, routine maintenance, and upgrades 
to the service. 
(3) PERMITTING
REASONABLE
AND
CUSTOMARY 
CHARGES.—Nothing in this subsection may be construed 
to prohibit the Transit Authority from requiring a li-
296 
•HRES 1492 EH 
censed wireless provider to pay reasonable and cus-
tomary charges for access granted under this subsection. 
(4) REPORTS.—Not later than 1 year after the date 
of the enactment of this Act, and each of the 3 years 
thereafter, the Transit Authority shall submit to the 
Committee on Oversight and Government Reform of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate a 
report on the implementation of this subsection. 
(5) DEFINITION.—In this subsection, the term ‘‘li-
censed wireless provider’’ means any provider of wireless 
services who is operating pursuant to a Federal license 
to offer such services to the public for profit. 
(f) AMOUNT.—There are authorized to be appropriated 
to the Secretary of Transportation for grants under this sec-
tion an aggregate amount not to exceed $1,500,000,000 to be 
available in increments over 10 fiscal years beginning in fiscal 
year 2009, or until expended. 
(g) AVAILABILITY.—Amounts appropriated pursuant to 
the authorization under this section shall remain available 
until expended. 
Attest: 
Clerk.