235 
‘‘(6) 
organizational 
structures, 
management 
skills, and staffing levels required throughout the con-
struction phase; 
‘‘(7) quality control and quality assurance func-
tions, procedures, and responsibilities for construc-
tion, system installation, and integration of system 
components; 
‘‘(8) material testing policies and procedures; 
‘‘(9) internal plan implementation and reporting 
requirements; 
‘‘(10) criteria and procedures to be used for test-
ing the operational system or its major components; 
‘‘(11) periodic updates of the plan, especially re-
lated to project budget and project schedule, financ-
ing, and ridership estimates; and 
‘‘(12) the recipient’s commitment to submit peri-
odically a project budget and project schedule to the 
Secretary. 
‘‘(b) SECRETARIAL OVERSIGHT.— 
‘‘(1) The Secretary may use no more than 1 per-
cent of amounts made available in a fiscal year for 
capital projects under this chapter to enter into con-
tracts to oversee the construction of such projects. 
‘‘(2) The Secretary may use amounts available 
under paragraph (1) of this subsection to make con-
236 
tracts for safety, procurement, management, and fi-
nancial compliance reviews and audits of a recipient 
of amounts under paragraph (1). 
‘‘(3) The Federal Government shall pay the en-
tire cost of carrying out a contract under this sub-
section. 
‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipi-
ent of assistance under this chapter shall provide the Sec-
retary and a contractor the Secretary chooses under sub-
section (b) of this section with access to the construction 
sites and records of the recipient when reasonably necessary. 
‘‘§ 24404. Use of capital grants to finance first-dollar 
liability of grant project 
‘‘Notwithstanding the requirements of section 24402 of 
this chapter, the Secretary of Transportation may approve 
the use of a capital assistance grant under this chapter to 
fund self-insured retention of risk for the first tier of liabil-
ity insurance coverage for rail passenger service associated 
with the grant, but the coverage may not exceed $20,000,000 
per occurrence or $20,000,000 in aggregate per year. 
‘‘§ 24405. Grant conditions 
‘‘(a) BUY AMERICA.—(1) The Secretary of Transpor-
tation may obligate an amount that may be appropriated 
to carry out this chapter for a project only if the steel, iron,
237 
and manufactured goods used in the project are produced 
in the United States. 
‘‘(2) The Secretary of Transportation may waive para-
graph (1) of this subsection if the Secretary finds that— 
‘‘(A) applying paragraph (1) would be incon-
sistent with the public interest; 
‘‘(B) the steel, iron, and goods produced in the 
United States are not produced in a sufficient and 
reasonably available amount or are not of a satisfac-
tory quality; 
‘‘(C) rolling stock or power train equipment can-
not be bought and delivered in the United States 
within a reasonable time; or 
‘‘(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 find-
ing 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
238 
‘‘(B) provide notice of such finding and an op-
portunity for public comment on such finding for a 
reasonable 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 In-
frastructure of the House of Representatives and the Com-
mittee 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 
produced in a foreign country if the Secretary, in consulta-
tion with the United States Trade Representative, decides 
that the government of that foreign country— 
‘‘(A) has an agreement with the United States 
Government under which the Secretary has waived 
the requirement of this subsection; and 
‘‘(B) has violated the agreement by discrimi-
nating against goods to which this subsection applies 
that are produced in the United States and to which 
the agreement 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 
Government decides the person intentionally—
239 
‘‘(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 produced in the United States; or 
‘‘(B) represented that goods described in sub-
paragraph (A) of this paragraph were produced in 
the United States. 
‘‘(8) The Secretary may not impose any limitation on 
assistance 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 
that assistance from complying with those State-imposed 
requirements. 
‘‘(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 properly complete the certification (but not including 
failure to sign the certification) under this subsection if 
such manufacturer or supplier attests under penalty of per-
jury that such manufacturer or supplier submitted an in-
correct certification as a result of an inadvertent or clerical
240 
error. The burden of establishing inadvertent or clerical 
error is on the manufacturer 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 con-
ducts rail operations over rail infrastructure constructed or 
improved 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 pur-
poses of this title and any other statute that adopts that 
definition or in which that definition applies, including— 
‘‘(1) the Railroad Retirement Act of 1974 (45 
U.S.C. 231 et seq.); 
‘‘(2) the Railway Labor Act (43 U.S.C. 151 et 
seq.); and 
‘‘(3) the Railroad Unemployment Insurance Act 
(45 U.S.C. 351 et seq.). 
‘‘(c) GRANT CONDITIONS.—The Secretary shall require 
as a condition of making any grant under this chapter for 
a project that uses rights-of-way owned by a railroad that—
241 
‘‘(1) a written agreement exist between the appli-
cant and the railroad regarding such use and owner-
ship, including— 
‘‘(A) any compensation for such use; 
‘‘(B) assurances regarding the adequacy of 
infrastructure capacity to accommodate both ex-
isting and future freight and passenger oper-
ations; 
‘‘(C) an assurance by the railroad that col-
lective bargaining agreements with the railroad’s 
employees (including terms regulating the con-
tracting of work) will remain in full force and 
effect according to their terms for work per-
formed by the railroad on the railroad transpor-
tation corridor; and 
‘‘(D) an assurance that an applicant com-
plies with liability requirements consistent with 
section 28103 of this title; and 
‘‘(2) the applicant agrees to comply with— 
‘‘(A) the standards of section 24312 of this 
title, as such section was in effect on September 
1, 2003, with respect to the project in the same 
manner that Amtrak is required to comply with 
those standards for construction work financed
242 
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 ac-
tions 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, 
unless such service was provided solely by Amtrak to 
another entity, as of such date shall enter into an 
agreement with the authorized bargaining agent or 
agents for adversely affected employees of the prede-
cessor provider that— 
‘‘(A) gives each such qualified employee of 
the predecessor provider priority in hiring ac-
243 
cording to the employee’s seniority on the prede-
cessor provider for each position with the replac-
ing entity that is in the employee’s craft or class 
and is available within 3 years after the termi-
nation 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 
working conditions. 
‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— 
‘‘(A) NEGOTIATIONS.—If the replacement of 
preexisting intercity rail passenger service occurs 
concurrent with or within a reasonable time be-
fore 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 
bargaining agent or agents for the potentially 
adversely 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 no-
tice, negotiations between the replacing entity
244 
and the collective bargaining agent or agents for 
the employees of the predecessor provider shall 
commence for the purpose of reaching agreement 
with respect to all matters set forth in subpara-
graphs (A) through (D) of paragraph (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 en-
tered into an agreement with respect to all such 
matters, the unresolved issues shall be submitted 
for arbitration in accordance with the procedure 
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 
paragraph (1) as described in subparagraph (A) 
of this paragraph, the parties shall select an ar-
bitrator. If the parties are unable to agree upon 
the selection of such arbitrator within 5 days, ei-
ther or both parties shall notify the National Me-
diation Board, which shall provide a list of seven 
arbitrators with experience in arbitrating rail 
labor protection disputes. Within 5 days after 
such notification, the parties shall alternately 
strike names from the list until only 1 name re-
245 
mains, 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 mat-
ters 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 comparable 
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 en-
tity under this subsection shall commence service only 
after an agreement is entered into with respect to the 
matters set forth in subparagraphs (A) through (D) of 
paragraph (1) or the decision of the arbitrator has 
been rendered. 
‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.— 
If the replacement of existing rail passenger service 
takes place within 3 years after the replacing entity 
commences intercity passenger rail service, the replac-
ing entity and the collective bargaining agent or
246 
agents for the adversely affected employees of the pred-
ecessor provider shall enter into an agreement with 
respect to the matters set forth in subparagraphs (A) 
through (D) of paragraph (1). If the parties have not 
entered into an agreement with respect to all such 
matters within 60 days after the date on which the 
replacing entity replaces the predecessor provider, the 
parties shall select an arbitrator using the procedures 
set forth in paragraph (2)(B), who shall, within 20 
days after the commencement of the arbitration, con-
duct 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 
defined in section 24102(4) of this title) operations of 
a State or local government authority (as those terms 
are defined in section 5302(11) and (6), respectively, 
of this title) eligible to receive financial assistance 
under section 5307 of this title, or to its contractor 
performing services in connection with commuter rail 
passenger operations (as so defined); 
‘‘(2) the Alaska Railroad or its contractors; or
247 
‘‘(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 chap-
ter 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 CAP-
ITAL ASSISTANCE ......................................................... 24401’’. 
(c) ASSISTANCE.—In implementing section 24405(a) 
of title 49, United States Code, the Federal Highway Ad-
ministration shall, upon request by the Federal Railroad 
Administration, assist the Federal Railroad Administra-
tion in developing a process for posting on its website or 
distributing via email notices of waiver requests received 
pursuant to such subsection and soliciting public comments
248 
on the intent to issue a waiver. The Federal Railroad Ad-
ministration’s development of such a process does not relieve 
the Federal Railroad 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, in-
frastructure, and equipment for high priority rail corridor 
projects necessary to reduce congestion or facilitate rider-
ship growth in intercity rail passenger transportation. 
‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for grants 
under this section include projects— 
‘‘(1) identified by Amtrak as necessary to reduce 
congestion or facilitate ridership growth in intercity 
rail passenger transportation along heavily traveled 
rail corridors; 
‘‘(2) identified by the Surface Transportation 
Board as necessary to improve the on time perform-
ance and reliability of intercity rail passenger trans-
portation under section 24308(f); and
249 
‘‘(3) designated by the Secretary as being suffi-
ciently advanced in development to be capable of serv-
ing the purposes described in subsection (a) on an ex-
pedited 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 
section to comply with the grant requirements of section 
24405 of this title. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated, from amounts made avail-
able under section 301 of the Passenger Rail Investment 
and Improvement Act of 2008, to the Secretary to carry 
out this section— 
‘‘(1) $50,000,000 for fiscal year 2010; 
‘‘(2) $75,000,000 for fiscal year 2011; 
‘‘(3) $100,000,000 for fiscal year 2012; and 
‘‘(4) $100,000,000 for fiscal year 2013.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for such chapter 241 is amended by adding at the 
end the following new item: 
‘‘24105. Congestion grants.’’.
250 
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 per-
son or private entity, other than Amtrak, 
that directly improves the economic and 
competitive condition of that person or enti-
ty through improved assets, cost reductions, 
service improvements, or any other means 
as defined by the Secretary; and 
‘‘(ii) shall be determined on a project- 
by-project basis, based upon an agreement 
between the parties. 
‘‘(B) CONSULTATION.—The Secretary may 
seek the advice of the States and rail carriers in 
further defining this term.
251 
‘‘(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 en-
hanced mobility of people or goods, environ-
mental protection or enhancement, conges-
tion mitigation, enhanced trade and eco-
nomic development, improved air quality or 
land use, more efficient energy use, en-
hanced public safety or security, reduction 
of public expenditures due to improved 
transportation efficiency or infrastructure 
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 
between the parties. 
‘‘(B) CONSULTATION.—The Secretary may 
seek the advice of the States and rail carriers in 
further defining this term. 
‘‘(3) STATE.—The term ‘State’ means any of the 
50 States and the District of Columbia.
252 
‘‘(4) STATE
RAIL
TRANSPORTATION
AUTHOR-
ITY.—The term ‘State rail transportation authority’ 
means the State agency or official responsible under 
the direction of the Governor of the State or a State 
law for preparation, maintenance, coordination, and 
administration of the State rail plan. 
‘‘§ 22702. Authority 
‘‘(a) IN GENERAL.—Each State may prepare and 
maintain a State rail plan in accordance with the provi-
sions of this chapter. 
‘‘(b) REQUIREMENTS.—The Secretary shall establish 
the minimum requirements for the preparation and peri-
odic revision 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 re-
approval by the Secretary.
253 
‘‘§ 22703. Purposes 
‘‘(a) PURPOSES.—The purposes of a State rail plan 
are as follows: 
‘‘(1) To set forth State policy involving freight 
and passenger rail transportation, including com-
muter rail operations, in the State. 
‘‘(2) To establish the period covered by the State 
rail plan. 
‘‘(3) To present priorities and strategies to en-
hance rail service in the State that benefits the public. 
‘‘(4) To serve as the basis for Federal and State 
rail investments within the State. 
‘‘(b) COORDINATION.—A State rail plan shall be co-
ordinated with other State transportation planning goals 
and programs, including the plan required under section 
135 of title 23, and set forth rail transportation’s role with-
in 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 tran-
sit authorities operating in, or affected by rail operations 
within the State, units of local government, and other inter-
ested parties in the preparation and review of its State rail 
plan.
254 
‘‘(b) INTERGOVERNMENTAL COORDINATION.—A State 
shall review the freight and passenger rail service activities 
and initiatives by regional planning agencies, regional 
transportation authorities, and municipalities within the 
State, or in the region in which the State is located, while 
preparing the plan, and shall include any recommendations 
made by such agencies, authorities, and municipalities as 
deemed appropriate by the State. 
‘‘§ 22705. Content 
‘‘(a) IN GENERAL.—Each State rail plan shall, at a 
minimum, contain the following: 
‘‘(1) An inventory of the existing overall rail 
transportation system and rail services and facilities 
within the State and an analysis of the role of rail 
transportation within the State’s surface transpor-
tation system. 
‘‘(2) A review of all rail lines within the State, 
including proposed high-speed rail corridors and sig-
nificant rail line segments not currently in service. 
‘‘(3) A statement of the State’s passenger rail 
service objectives, including minimum service levels, 
for rail transportation routes in the State. 
‘‘(4) A general analysis of rail’s transportation, 
economic, and environmental impacts in the State, 
including congestion mitigation, trade and economic
255 
development, air quality, land-use, energy-use, and 
community impacts. 
‘‘(5) A long-range rail investment program for 
current and future freight and passenger infrastruc-
ture in the State that meets the requirements of sub-
section (b). 
‘‘(6) A statement of public financing issues for 
rail projects and service in the State, including a list 
of current and prospective public capital and oper-
ating funding resources, public subsidies, State tax-
ation, and other financial policies relating to rail in-
frastructure development. 
‘‘(7) An identification of rail infrastructure 
issues within the State that reflects consultation with 
all relevant stakeholders. 
‘‘(8) A review of major passenger and freight 
intermodal rail connections and facilities within the 
State, including seaports, and prioritized options to 
maximize service integration and efficiency between 
rail and other modes of transportation within the 
State. 
‘‘(9) A review of publicly funded projects within 
the State to improve rail transportation safety and 
security, including all major projects funded under 
section 130 of title 23.
256 
‘‘(10) A performance evaluation of passenger rail 
services operating in the State, including possible im-
provements in those services, and a description of 
strategies to achieve those improvements. 
‘‘(11) A compilation of studies and reports on 
high-speed rail corridor development within the State 
not included in a previous plan under this sub-
chapter, and a plan for funding any recommended de-
velopment of such corridors in the State. 
‘‘(12) A statement that the State is in compli-
ance with the requirements of section 22102. 
‘‘(b) LONG-RANGE SERVICE AND INVESTMENT PRO-
GRAM.— 
‘‘(1) PROGRAM CONTENT.—A long-range rail in-
vestment program included in a State rail plan 
under subsection (a)(5) shall, at a minimum, include 
the following matters: 
‘‘(A) A list of any rail capital projects ex-
pected to be undertaken or supported in whole or 
in part by the State. 
‘‘(B) A detailed funding plan for those 
projects. 
‘‘(2) PROJECT LIST CONTENT.—The list of rail 
capital projects shall contain—
257 
‘‘(A) a description of the anticipated public 
and private benefits of each such project; and 
‘‘(B) a statement of the correlation be-
tween— 
‘‘(i) public funding contributions for 
the projects; and 
‘‘(ii) the public benefits. 
‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In 
preparing the list of freight and intercity passenger 
rail capital projects, a State rail transportation au-
thority should take into consideration the following 
matters: 
‘‘(A) Contributions made by non-Federal 
and non-State sources through user fees, match-
ing funds, or other private capital involvement. 
‘‘(B) Rail capacity and congestion effects. 
‘‘(C) Effects on highway, aviation, and 
maritime capacity, congestion, or safety. 
‘‘(D) Regional balance. 
‘‘(E) Environmental impact. 
‘‘(F) Economic and employment impacts. 
‘‘(G) Projected ridership and other service 
measures for passenger rail projects.
258 
‘‘§ 22706. Review 
‘‘The Secretary shall prescribe procedures for States to 
submit State rail plans for review under this title, includ-
ing standardized format and data requirements. State rail 
plans completed before the date of enactment of the Pas-
senger Rail Investment and Improvement Act of 2008 that 
substantially meet the requirements of this chapter, as de-
termined 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’’. 
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 Sur-
face Transportation Board, the City of Baltimore, the State 
of Maryland, and rail operators described in subsection (b), 
as appropriate, shall— 
(1) select and approve, as applicable, a new rail 
tunnel alignment in Baltimore that will permit an 
increase in train speed and service reliability; and 
(2) ensure completion of the related environ-
mental review process.
259 
(b) AFFECTED RAIL OPERATORS.—Rail operators 
other than Amtrak may participate in activities described 
in subsection (a) to the extent that they can demonstrate 
the intention and ability to contribute to the construction 
of the new tunnel. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section $60,000,000 for the period encompassing 
fiscal years 2009 through 2013. 
SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT 
POOL. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, Amtrak shall establish a Next Gen-
eration Corridor Equipment Pool Committee, comprised of 
representatives of Amtrak, the Federal Railroad Adminis-
tration, host freight railroad companies, passenger railroad 
equipment manufacturers, interested States, and, as appro-
priate, other passenger railroad operators. The purpose of 
the Committee shall be to design, develop specifications for, 
and procure standardized next-generation corridor equip-
ment. 
(b) FUNCTIONS.—The Committee may— 
(1) determine the number of different types of 
equipment required, taking into account variations in 
operational needs and corridor infrastructure;
260 
(2) establish a pool of equipment to be used on 
corridor routes funded by participating States; and 
(3) subject to agreements between Amtrak and 
States, utilize services provided by Amtrak to design, 
maintain and remanufacture equipment. 
(c) COOPERATIVE AGREEMENTS.—Amtrak and States 
participating in the Committee may enter into agreements 
for the funding, procurement, remanufacture, ownership, 
and management of corridor equipment, including equip-
ment currently owned or leased by Amtrak and next-genera-
tion corridor equipment acquired as a result of the Commit-
tee’s actions, and may establish a corporation, which may 
be owned or jointly-owned by Amtrak, participating States, 
or other entities, to perform these functions. 
(d) FUNDING.—In addition to the authorizations 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 
Generation Corridor Train Equipment Pool Committee es-
tablished under this section for the purpose of designing, 
developing specifications for, and initiating the procure-
261 
ment of an initial order of 1 or more types of standardized 
next-generation corridor train equipment and establishing 
a jointly-owned corporation to manage that equipment. 
SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM. 
(a) ESTABLISHMENT AND CONTENT.—Chapter 249 is 
amended by adding at the end the following: 
‘‘§ 24910. Rail cooperative research program 
‘‘(a) IN GENERAL.—The Secretary shall establish and 
carry out a rail cooperative research program. The program 
shall— 
‘‘(1) address, among other matters, intercity rail 
passenger and freight rail services, including existing 
rail passenger and freight technologies and speeds, in-
crementally 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 effi-
ciency 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 re-
garding rail passenger and freight transportation, in-
262 
cluding 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 evalu-
ating the impact of rail passenger and freight service, 
including the effects on highway and airport and air-
way congestion, environmental quality, and energy 
consumption; 
‘‘(3) to develop a better understanding of modal 
choice as it affects rail passenger and freight trans-
portation, including development of better models to 
predict utilization; 
‘‘(4) to recommend priorities for technology dem-
onstration and development; 
‘‘(5) to meet additional priorities as determined 
by the advisory board established under subsection 
(c), including any recommendations made by the Na-
tional Research Council; 
‘‘(6) to explore improvements in management, fi-
nancing, and institutional structures;
263 
‘‘(7) to address rail capacity constraints that af-
fect passenger and freight rail service through a wide 
variety of options, ranging from operating improve-
ments to dedicated new infrastructure, taking into ac-
count the impact of such options on operations; 
‘‘(8) to improve maintenance, operations, cus-
tomer service, or other aspects of intercity rail pas-
senger and freight service; 
‘‘(9) to recommend objective methodologies for de-
termining intercity passenger rail routes and services, 
including the establishment of new routes, the elimi-
nation of existing routes, and the contraction or ex-
pansion of services or frequencies over such routes; 
‘‘(10) to review the impact of equipment and 
operational safety standards on the further develop-
ment of high-speed passenger rail operations con-
nected to or integrated with non-high-speed freight or 
passenger rail operations; 
‘‘(11) to recommend any legislative or regulatory 
changes necessary to foster further development and 
implementation of high-speed passenger rail oper-
ations while ensuring the safety of such operations 
that are connected to or integrated with non-high- 
speed freight or passenger rail operations;
264 
‘‘(12) to review rail crossing safety improve-
ments, including improvements using new safety tech-
nology; and 
‘‘(13) to review and develop technology designed 
to reduce train horn noise and its effect on commu-
nities, including broadband horn technology. 
‘‘(c) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—In consultation with the 
heads of appropriate Federal departments and agen-
cies, the Secretary shall establish an advisory board 
to recommend research, technology, and technology 
transfer activities related to rail passenger and freight 
transportation. 
‘‘(2) MEMBERSHIP.—The advisory board shall 
include— 
‘‘(A) representatives of State transportation 
agencies; 
‘‘(B) transportation and environmental 
economists, scientists, and engineers; and 
‘‘(C) representatives of Amtrak, the Alaska 
Railroad, freight railroads, transit operating 
agencies, intercity rail passenger agencies, rail-
way labor organizations, and environmental or-
ganizations.
265 
‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec-
retary may make grants to, and enter into cooperative 
agreements with, the National Academy of Sciences to carry 
out such activities relating to the research, 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); 
(2) by striking the second and third sentences of 
subsection (a); 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) SAFETY.—To carry out all railroad safety laws 
of the United States, the Administration is divided on a 
geographical basis into at least 8 safety offices. The Sec-
retary of Transportation is responsible for all acts taken 
under those laws and for ensuring that the laws are uni-
266 
formly administered and enforced among the safety of-
fices.’’; 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 re-
view all State rail plans submitted under that sec-
tion; 
‘‘(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 Sec-
retary in order to promote an integrated, cohesive, ef-
ficient, 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 Pas-
senger Rail Investment and Improvement Act of 2008; 
‘‘(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 
planning;
267 
‘‘(6) ensure that programs and initiatives devel-
oped under this section benefit the public and work 
toward achieving regional and national transpor-
tation goals; and 
‘‘(7) facilitate and coordinate efforts to assist 
freight and passenger rail carriers, transit agencies 
and authorities, municipalities, and States in pas-
senger-freight service integration on shared rights of 
way by providing neutral assistance at the joint re-
quest of affected rail service providers and infrastruc-
ture owners relating to operations and capacity anal-
ysis, capital requirements, operating costs, and other 
research and planning related to corridors shared by 
passenger or commuter rail service and freight rail 
operations. 
‘‘(k) PERFORMANCE GOALS AND REPORTS.— 
‘‘(1) PERFORMANCE
GOALS.—In conjunction 
with the objectives established and activities under-
taken under subsection (j) of this section, the Admin-
istrator shall develop a schedule for achieving specific, 
measurable performance goals. 
‘‘(2) RESOURCE NEEDS.—The strategy and an-
nual plans shall include estimates of the funds and 
staff resources needed to accomplish each goal and the 
additional duties required under subsection (j).
268 
‘‘(3) SUBMISSION WITH PRESIDENT’S BUDGET.— 
Beginning with fiscal year 2010 and each fiscal year 
thereafter, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate, at 
the same time as the President’s budget submission, 
the Administration’s performance goals and schedule 
developed under paragraph (1), including an assess-
ment of the progress of the Administration toward 
achieving its performance 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. 
‘‘§ 28501. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘Board’ means the Surface Trans-
portation Board;
269 
‘‘(2) the term ‘capital work’ means maintenance, 
restoration, reconstruction, capacity enhancement, or 
rehabilitation 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 
section 5302(a)(6)) established to provide, or make a 
contract providing for, commuter rail passenger 
transportation; 
‘‘(5) the term ‘rail carrier’ means a person, other 
than a governmental authority, providing common 
carrier railroad transportation for compensation sub-
ject 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 phys-
ically separate from trackage, including relocated 
trackage, within the right-of-way used by a rail car-
rier for freight transportation purposes; and
270 
‘‘(7) the term ‘trackage’ means a railroad line of 
a rail carrier, including a spur, industrial, team, 
switching, side, yard, or station track, and a facility 
of a rail carrier. 
‘‘§ 28502. Surface Transportation Board mediation of 
trackage use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to use trackage of, and have related services pro-
vided by, the rail carrier for purposes of commuter rail pas-
senger transportation, the public transportation authority 
or the rail carrier may apply to the Board for nonbinding 
mediation. The Board shall conduct the nonbinding medi-
ation in accordance with the mediation process of section 
1109.4 of title 49, Code of Federal Regulations, as in effect 
on the date of enactment 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, the public transportation authority or the 
rail carrier may apply to the Board for nonbinding medi-
271 
ation. The Board shall conduct the nonbinding mediation 
in accordance with the mediation process of section 1109.4 
of title 49, Code of Federal Regulations, as in effect on the 
date of enactment of this section. 
‘‘§ 28504. Applicability of other laws 
‘‘Nothing in this chapter shall be construed to limit 
a rail transportation provider’s right under section 
28103(b) to enter into contracts that allocate financial re-
sponsibility for claims. 
‘‘§ 28505. Rules and regulations 
‘‘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 AM-
TRAK. 
Amtrak, commuter rail entities, regional and State 
public transportation authorities, and freight railroad car-
riers are encouraged to engage in good faith discussions 
with respect to the routing and timing of trains to effi-
ciently move a maximum number of commuter, intercity, 
and regional rail passengers, particularly during the peak 
times of commuter usage.
272 
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 
infrastructure expansion and improvements are most 
needed. 
(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 
average 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 Transpor-
tation has pledged to modernize, repair, and strength-
en the rail line infrastructure to provide for increased 
safety and security along a crucial transportation 
corridor in the Northeast. 
(6) Expanded New Haven-Springfield rail serv-
ice would improve access to Bradley International 
Airport, one the region’s busiest airports, as well as 
to Hartford, Connecticut, and Springfield, Massachu-
273 
setts, 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 significant 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 
between New Haven, Connecticut, and Springfield, Massa-
chusetts, is an important transportation priority, and Am-
trak should work cooperatively with the States of Con-
necticut and Massachusetts to enable expanded commuter 
rail service on such line.
274 
(c) INFRASTRUCTURE MAINTENANCE REPORT.—Am-
trak shall submit a report to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation 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 between New Haven, Connecticut, and Springfield, 
Massachusetts. 
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 de-
termine the extent to which freight railroads, Amtrak, and 
other passenger rail operators could use biofuel blends to 
power locomotives 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— 
(1) the energy intensity of various biofuel blends 
compared to diesel fuel;
275 
(2) environmental and energy effects of using 
various biofuel blends compared to diesel fuel, includ-
ing 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 specifica-
tions. 
(d) LOCOMOTIVE TESTING.—As part of the study, the 
Secretary shall test locomotive engine performance and 
emissions using blends of biofuel and diesel fuel in order 
to recommend premium locomotive biofuel blends. 
(e) REPORT.—Within 1 year after the date of enact-
ment of this Act, the Secretary shall issue the results of this 
study to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
SEC. 405. STUDY OF THE USE OF BIOBASED TECH-
NOLOGIES. 
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-
276 
tation of the Senate a report containing the results of a 
study of the feasibility of using readily biodegradable lubri-
cants for freight and passenger railroad locomotives, rolling 
stock, or other equipment. The Secretary shall work with 
an agricultural-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 ac-
cording to railroad industry standards; 
(2) an analysis of the potential use of other read-
ily biodegradable lubricants to perform according to 
railroad industry standards; 
(3) a comparison of the health and safety of pe-
troleum-based lubricants with biobased lubricants, 
which shall include an analysis of fire safety; and 
(4) a comparison of the environmental impact of 
petroleum-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 
Washington State Department of Transportation, and the 
owners of the relevant railroad infrastructure—
277 
(1) develop a strategic plan to facilitate ex-
panded passenger rail service across the international 
border between the United States and Canada during 
the 2010 Olympic Games on the Amtrak passenger 
rail route between Vancouver, British Columbia, Can-
ada, and Eugene, Oregon (commonly known as ‘‘Am-
trak Cascades’’); 
(2) develop recommendations for the Department 
of Homeland Security to process efficiently rail pas-
sengers traveling on Amtrak Cascades across such 
international border during the 2010 Olympic Games; 
and 
(3) submit to Congress a report containing the 
strategic 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 
appropriate, are authorized to establish facilities and proce-
dures to conduct preclearance of passengers traveling on 
Amtrak trains from Canada to the United States. The Sec-
retary shall seek to establish such facilities and proce-
dures— 
(1) in Vancouver, Canada, no later than June 1, 
2009; and
278 
(2) in other areas as determined appropriate by 
the Secretary. 
SEC. 407. HISTORIC PRESERVATION OF RAILROADS. 
(a) STUDY; OTHER
ACTIONS.—The Secretary of 
Transportation shall— 
(1) conduct a study, in consultation with the Ad-
visory Council on Historic Preservation, the National 
Conference of State Historic Preservation Officers, the 
Department of the Interior, appropriate representa-
tives 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 section 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 Preserva-
tion Office, the Advisory Council on Historic Preser-
vation, and the Department of the Interior, in expe-
diting the decisionmaking process for safety-related 
projects of the railroad involving property and facili-
ties that have disputed historic significance; and 
(3) take immediate action to cooperate with the 
North Carolina Department of Transportation, the