Railroad Safety Enhancement Act of 2008
PL 110-432 (H.R.2095), enacted 10/16/2008

122 STAT. 4848 
PUBLIC LAW 110–432—OCT. 16, 2008 
Public Law 110–432 
110th Congress 
An Act 
To amend title 49, United States Code, to prevent railroad fatalities, injuries, 
and hazardous materials releases, to authorize the Federal Railroad Safety Admin-
istration, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
DIVISION A—RAIL SAFETY 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 
49. 
(a) SHORT TITLE.—This division may be cited as the ‘‘Rail 
Safety Improvement Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for this division 
is as follows: 
Sec. 1. Short title; table of contents; amendment of title 49. 
Sec. 2. Definitions. 
Sec. 3. Authorization of appropriations. 
TITLE I—RAILROAD SAFETY IMPROVEMENTS 
Sec. 101. Federal Railroad Administration officers and duties. 
Sec. 102. Railroad safety strategy. 
Sec. 103. Railroad safety risk reduction program. 
Sec. 104. Implementation of positive train control. 
Sec. 105. Railroad safety technology grants. 
Sec. 106. Reports on statutory mandates and recommendations. 
Sec. 107. Rulemaking process. 
Sec. 108. Hours-of-service reform. 
Sec. 109. Protection of railroad safety risk analyses information. 
Sec. 110. Pilot projects. 
TITLE II—HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY 
AND TRESPASSER PREVENTION 
Sec. 201. Pedestrian crossing safety. 
Sec. 202. State action plans. 
Sec. 203. Improvements to sight distance at highway-rail grade crossings. 
Sec. 204. National crossing inventory. 
Sec. 205. Telephone number to report grade crossing problems. 
Sec. 206. Operation Lifesaver. 
Sec. 207. Federal grants to States for highway-rail grade crossing safety. 
Sec. 208. Trespasser prevention and highway-rail grade crossing safety. 
Sec. 209. Accident and incident reporting. 
Sec. 210. Fostering introduction of new technology to improve safety at highway- 
rail grade crossings. 
TITLE III—FEDERAL RAILROAD ADMINISTRATION 
Sec. 301. Human capital increases. 
Sec. 302. Civil penalty increases. 
Sec. 303. Enforcement report. 
49 USC 20101 
note. 
Rail Safety 
Improvement Act 
of 2008. 
Oct. 16, 2008 
[H.R. 2095] 
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122 STAT. 4849 
PUBLIC LAW 110–432—OCT. 16, 2008 
Sec. 304. Expansion of emergency order authority. 
Sec. 305. Prohibition of individuals from performing safety-sensitive functions for a 
violation of hazardous materials transportation law. 
Sec. 306. Railroad radio monitoring authority. 
Sec. 307. Update of Federal Railroad Administration’s website. 
Sec. 308. Emergency waivers. 
Sec. 309. Enforcement by the Attorney General. 
Sec. 310. Criminal penalties. 
TITLE IV—RAILROAD SAFETY ENHANCEMENTS 
Sec. 401. Minimum training standards and plans. 
Sec. 402. Certification of certain crafts or classes of employees. 
Sec. 403. Track inspection time study. 
Sec. 404. Study of methods to improve or correct station platform gaps. 
Sec. 405. Locomotive cab studies. 
Sec. 406. Development and use of rail safety technology. 
Sec. 407. Unified treatment of families of railroad carriers. 
Sec. 408. Study of repeal of Conrail provision. 
Sec. 409. Limitations on non-Federal alcohol and drug testing by railroad carriers. 
Sec. 410. Critical incident stress plan. 
Sec. 411. Railroad carrier employee exposure to radiation study. 
Sec. 412. Alcohol and controlled substance testing for maintenance-of-way employ-
ees. 
Sec. 413. Emergency escape breathing apparatus. 
Sec. 414. Tunnel information. 
Sec. 415. Museum locomotive study. 
Sec. 416. Safety inspections in Mexico. 
Sec. 417. Railroad bridge safety assurance. 
Sec. 418. Railroad safety infrastructure improvement grants. 
Sec. 419. Prompt medical attention. 
Sec. 420. Employee sleeping quarters. 
TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE 
Sec. 501. Assistance by National Transportation Safety Board to families of pas-
sengers involved in rail passenger accidents. 
Sec. 502. Rail passenger carrier plan to assist families of passengers involved in 
rail passenger accidents. 
Sec. 503. Establishment of task force. 
TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID 
WASTE FACILITIES 
Sec. 601. Short title. 
Sec. 602. Clarification of general jurisdiction over solid waste transfer facilities. 
Sec. 603. Regulation of solid waste rail transfer facilities. 
Sec. 604. Solid waste rail transfer facility land-use exemption authority. 
Sec. 605. Effect on other statutes and authorities. 
TITLE VII—TECHNICAL CORRECTIONS 
Sec. 701. Technical corrections. 
(c) AMENDMENT OF TITLE 49.—Except as otherwise expressly 
provided, whenever in this division an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section 
or other provision, the reference shall be considered to be made 
to a section or other provision of title 49, United States Code. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this division: 
(1) CROSSING.—The term ‘‘crossing’’ means a location within 
a State, other than a location where one or more railroad 
tracks cross one or more railroad tracks at grade where— 
(A) a public highway, road, or street, or a private 
roadway, including associated sidewalks and pathways, 
crosses one or more railroad tracks either at grade or 
grade-separated; or 
(B) a pathway explicitly authorized by a public 
authority or a railroad carrier that is dedicated for the 
49 USC 20102 
note. 
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122 STAT. 4850 
PUBLIC LAW 110–432—OCT. 16, 2008 
use of nonvehicular traffic, including pedestrians, bicyclists, 
and others, that is not associated with a public highway, 
road, or street, or a private roadway, crosses one or more 
railroad tracks either at grade or grade-separated. 
(2) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Transportation. 
(3) RAILROAD.—The term ‘‘railroad’’ has the meaning given 
that term by section 20102 of title 49, United States Code. 
(4) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 
the meaning given that term by section 20102 of title 49, 
United States Code. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Transportation. 
(6) STATE.—The term ‘‘State’’ means a State of the United 
States, the District of Columbia, or the Commonwealth of 
Puerto Rico. 
(b) IN TITLE 49.—Section 20102 is amended— 
(1) by redesignating paragraphs (1) and (2) as paragraphs 
(2) and (3), respectively; 
(2) by inserting before paragraph (2), as redesignated, the 
following: 
‘‘(1) ‘Class I railroad’, ‘Class II railroad’, and ‘Class III 
railroad’ mean railroad carriers that have annual carrier oper-
ating revenues that meet the threshold amount for Class I 
carriers, Class II carriers, and Class III carriers, respectively, 
as determined by the Surface Transportation Board under sec-
tion 1201.1-1 of title 49, Code of Federal Regulations.’’; and 
(3) by adding at the end thereof the following: 
‘‘(4) ‘safety-related railroad employee’ means— 
‘‘(A) a railroad employee who is subject to chapter 
211; 
‘‘(B) another operating railroad employee who is not 
subject to chapter 211; 
‘‘(C) an employee who maintains the right of way of 
a railroad; 
‘‘(D) an employee of a railroad carrier who is a hazmat 
employee as defined in section 5102(3) of this title; 
‘‘(E) an employee who inspects, repairs, or maintains 
locomotives, passenger cars, or freight cars; and 
‘‘(F) any other employee of a railroad carrier who 
directly affects railroad safety, as determined by the Sec-
retary.’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
Section 20117(a) of title 49, United States Code, is amended 
to read as follows: 
‘‘(a) IN GENERAL.—(1) There are authorized to be appropriated 
to the Secretary of Transportation to carry out this part and to 
carry out responsibilities under chapter 51 as delegated or author-
ized by the Secretary— 
‘‘(A) $225,000,000 for fiscal year 2009; 
‘‘(B) $245,000,000 for fiscal year 2010; 
‘‘(C) $266,000,000 for fiscal year 2011; 
‘‘(D) $289,000,000 for fiscal year 2012; and 
‘‘(E) $293,000,000 for fiscal year 2013. 
‘‘(2) With amounts appropriated pursuant to paragraph (1), 
the Secretary shall purchase Gage Restraint Measurement System 
49 USC 20102. 
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122 STAT. 4851 
PUBLIC LAW 110–432—OCT. 16, 2008 
vehicles and track geometry vehicles or other comparable technology 
as needed to assess track safety consistent with the results of 
the track inspection study required by section 403 of the Rail 
Safety Improvement Act of 2008. 
‘‘(3) There are authorized to be appropriated to the Secretary 
$18,000,000 for the period encompassing fiscal years 2009 through 
2013 to design, develop, and construct the Facility for Underground 
Rail Station and Tunnel at the Transportation Technology Center 
in Pueblo, Colorado. The facility shall be used to test and evaluate 
the vulnerabilities of above-ground and underground rail tunnels 
to prevent accidents and incidents in such tunnels, to mitigate 
and remediate the consequences of any such accidents or incidents, 
and to provide a realistic scenario for training emergency 
responders. 
‘‘(4) Such sums as may be necessary from the amount appro-
priated pursuant to paragraph (1) for each of the fiscal years 
2009 through 2013 shall be made available to the Secretary for 
personnel in regional offices and in Washington, D.C., whose duties 
primarily involve rail security.’’. 
TITLE I—RAILROAD SAFETY 
IMPROVEMENTS 
SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS AND 
DUTIES. 
Section 103 is amended by striking subsections (b) through 
(e) and inserting the following: 
‘‘(c) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, 
the Administration shall consider the assignment and maintenance 
of safety as the highest priority, recognizing the clear intent, 
encouragement, and dedication of Congress to the furtherance of 
the highest degree of safety in railroad transportation. 
‘‘(d) ADMINISTRATOR.—The head of the Administration shall 
be the Administrator who shall be appointed by the President, 
by and with the advice and consent of the Senate, and shall be 
an individual with professional experience in railroad safety, haz-
ardous materials safety, or other transportation safety. The 
Administrator shall report directly to the Secretary of Transpor-
tation. 
‘‘(e) DEPUTY ADMINISTRATOR.—The Administration shall have 
a Deputy Administrator who shall be appointed by the Secretary. 
The Deputy Administrator shall carry out duties and powers pre-
scribed by the Administrator. 
‘‘(f) CHIEF SAFETY OFFICER.—The Administration shall have 
an Associate Administrator for Railroad Safety appointed in the 
career service by the Secretary. The Associate Administrator shall 
be the Chief Safety Officer of the Administration. The Associate 
Administrator shall carry out the duties and powers prescribed 
by the Administrator. 
‘‘(g) DUTIES
AND
POWERS
OF
THE
ADMINISTRATOR.—The 
Administrator shall carry out— 
‘‘(1) duties and powers related to railroad safety vested 
in the Secretary by section 20134(c) and chapters 203 through 
211 of this title, and by chapter 213 of this title for carrying 
out chapters 203 through 211; 
President. 
49 USC 103. 
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122 STAT. 4852 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(2) the duties and powers related to railroad policy and 
development under subsection (j); and 
‘‘(3) other duties and powers prescribed by the Secretary. 
‘‘(h) LIMITATION.—A duty or power specified in subsection (g)(1) 
may be transferred to another part of the Department of Transpor-
tation or another Federal Government entity only when specifically 
provided by law. A decision of the Administrator in carrying out 
the duties or powers of the Administration and involving notice 
and hearing required by law is administratively final. 
‘‘(i) AUTHORITIES.—Subject to the provisions of subtitle I of 
title 40 and title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of 
Transportation may make, enter into, and perform such contracts, 
grants, leases, cooperative agreements, and other similar trans-
actions with Federal or other public agencies (including State and 
local governments) and private organizations and persons, and 
make such payments, by way of advance or reimbursement, as 
the Secretary may determine to be necessary or appropriate to 
carry out functions at the Administration. The authority of the 
Secretary granted by this subsection shall be carried out by the 
Administrator. Notwithstanding any other provision of this chapter, 
no authority to enter into contracts or to make payments under 
this subsection shall be effective, except as provided for in appro-
priations Acts.’’. 
SEC. 102. RAILROAD SAFETY STRATEGY. 
(a) SAFETY GOALS.—In conjunction with existing federally- 
required and voluntary strategic planning efforts ongoing at the 
Department and the Federal Railroad Administration as of the 
date of enactment of this Act, the Secretary shall develop a long- 
term strategy for improving railroad safety to cover a period of 
not less than 5 years. The strategy shall include an annual plan 
and schedule for achieving, at a minimum, the following goals: 
(1) Reducing the number and rates of accidents, incidents, 
injuries, and fatalities involving railroads including train colli-
sions, derailments, and human factors. 
(2) Improving the consistency and effectiveness of enforce-
ment and compliance programs. 
(3) Improving the identification of high-risk highway-rail 
grade crossings and strengthening enforcement and other 
methods to increase grade crossing safety. 
(4) Improving research efforts to enhance and promote 
railroad safety and performance. 
(5) Preventing railroad trespasser accidents, incidents, 
injuries, and fatalities. 
(6) Improving the safety of railroad bridges, tunnels, and 
related infrastructure to prevent accidents, incidents, injuries, 
and fatalities caused by catastrophic failures and other bridge 
and tunnel failures. 
(b) RESOURCE NEEDS.—The strategy and annual plan shall 
include estimates of the funds and staff resources needed to accom-
plish the goals established by subsection (a). Such estimates shall 
also include the staff skills and training required for timely and 
effective accomplishment of each such goal. 
(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—The Secretary 
shall submit the strategy and annual plan to the Senate Committee 
Plan. 
49 USC 20101 
note. 
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122 STAT. 4853 
PUBLIC LAW 110–432—OCT. 16, 2008 
on Commerce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastructure at 
the same time as the President’s budget submission. 
(d) ACHIEVEMENT OF GOALS.— 
(1) PROGRESS
ASSESSMENT.—No less frequently than 
annually, the Secretary shall assess the progress of the Depart-
ment toward achieving the strategic goals described in sub-
section (a). The Secretary shall identify any deficiencies in 
achieving the goals within the strategy and develop and 
institute measures to remediate such deficiencies. The Sec-
retary and the Administrator shall convey their assessment 
to the employees of the Federal Railroad Administration and 
shall identify any deficiencies that should be remediated before 
the next progress assessment. 
(2) REPORT TO CONGRESS.—Beginning in 2009, not later 
than November 1 of each year, the Secretary shall transmit 
a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee 
on Transportation and Infrastructure on the performance of 
the Federal Railroad Administration containing the progress 
assessment required by paragraph (1) toward achieving the 
goals of the railroad safety strategy and annual plans under 
subsection (a). 
SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM. 
(a) IN GENERAL.—Subchapter II of chapter 201 is amended 
by adding at end thereof the following: 
‘‘§ 20156. Railroad safety risk reduction program 
‘‘(a) IN GENERAL.— 
‘‘(1) PROGRAM REQUIREMENT.—Not later than 4 years after 
the date of enactment of the Rail Safety Improvement Act 
of 2008, the Secretary of Transportation, by regulation, shall 
require each railroad carrier that is a Class I railroad, a railroad 
carrier that has inadequate safety performance (as determined 
by the Secretary), or a railroad carrier that provides intercity 
rail passenger or commuter rail passenger transportation— 
‘‘(A) to develop a railroad safety risk reduction program 
under subsection (d) that systematically evaluates railroad 
safety risks on its system and manages those risks in 
order to reduce the numbers and rates of railroad accidents, 
incidents, injuries, and fatalities; 
‘‘(B) to submit its program, including any required 
plans, to the Secretary for review and approval; and 
‘‘(C) to implement the program and plans approved 
by the Secretary. 
‘‘(2) RELIANCE ON PILOT PROGRAM.—The Secretary may con-
duct behavior-based safety and other research, including pilot 
programs, before promulgating regulations under this sub-
section and thereafter. The Secretary shall use any information 
and experience gathered through such research and pilot pro-
grams under this subsection in developing regulations under 
this section. 
‘‘(3) REVIEW AND APPROVAL.—The Secretary shall review 
and approve or disapprove railroad safety risk reduction pro-
gram plans within a reasonable period of time. If the proposed 
plan is not approved, the Secretary shall notify the affected 
Notification. 
Deadline. 
Regulations. 
Deadline. 
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122 STAT. 4854 
PUBLIC LAW 110–432—OCT. 16, 2008 
railroad carrier as to the specific areas in which the proposed 
plan is deficient, and the railroad carrier shall correct all defi-
ciencies within a reasonable period of time following receipt 
of written notice from the Secretary. The Secretary shall 
annually conduct a review to ensure that the railroad carriers 
are complying with their plans. 
‘‘(4) VOLUNTARY COMPLIANCE.—A railroad carrier that is 
not required to submit a railroad safety risk reduction program 
under this section may voluntarily submit a program that meets 
the requirements of this section to the Secretary. The Secretary 
shall approve or disapprove any program submitted under this 
paragraph. 
‘‘(b) CERTIFICATION.—The chief official responsible for safety 
of each railroad carrier required to submit a railroad safety risk 
reduction program under subsection (a) shall certify that the con-
tents of the program are accurate and that the railroad carrier 
will implement the contents of the program as approved by the 
Secretary. 
‘‘(c) RISK ANALYSIS.—In developing its railroad safety risk 
reduction program each railroad carrier required to submit such 
a program pursuant to subsection (a) shall identify and analyze 
the aspects of its railroad, including operating rules and practices, 
infrastructure, equipment, employee levels and schedules, safety 
culture, management structure, employee training, and other mat-
ters, including those not covered by railroad safety regulations 
or other Federal regulations, that impact railroad safety. 
‘‘(d) PROGRAM ELEMENTS.— 
‘‘(1) IN GENERAL.—Each railroad carrier required to submit 
a railroad safety risk reduction program under subsection (a) 
shall develop a comprehensive safety risk reduction program 
to improve safety by reducing the number and rates of 
accidents, incidents, injuries, and fatalities that is based on 
the risk analysis required by subsection (c) through— 
‘‘(A) the mitigation of aspects that increase risks to 
railroad safety; and 
‘‘(B) the enhancement of aspects that decrease risks 
to railroad safety. 
‘‘(2) REQUIRED COMPONENTS.—Each railroad carrier’s safety 
risk reduction program shall include a risk mitigation plan 
in accordance with this section, a technology implementation 
plan that meets the requirements of subsection (e), and a 
fatigue management plan that meets the requirements of sub-
section (f). 
‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.— 
‘‘(1) IN GENERAL.—As part of its railroad safety risk reduc-
tion program, a railroad carrier required to submit a railroad 
safety risk reduction program under subsection (a) shall 
develop, and periodically update as necessary, a 10-year tech-
nology implementation plan that describes the railroad carrier’s 
plan for development, adoption, implementation, maintenance, 
and use of current, new, or novel technologies on its system 
over a 10-year period to reduce safety risks identified under 
the railroad safety risk reduction program. Any updates to 
the plan are subject to review and approval by the Secretary. 
‘‘(2) TECHNOLOGY
ANALYSIS.—A railroad carrier’s tech-
nology implementation plan shall include an analysis of the 
safety impact, feasibility, and cost and benefits of implementing 
Deadline. 
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122 STAT. 4855 
PUBLIC LAW 110–432—OCT. 16, 2008 
technologies, including processor-based technologies, positive 
train control systems (as defined in section 20157(i)), electroni-
cally controlled pneumatic brakes, rail integrity inspection sys-
tems, rail integrity warning systems, switch position monitors 
and indicators, trespasser prevention technology, highway-rail 
grade crossing technology, and other new or novel railroad 
safety technology, as appropriate, that may mitigate risks to 
railroad safety identified in the risk analysis required by sub-
section (c). 
‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad carrier’s tech-
nology implementation plan shall contain a prioritized 
implementation schedule for the development, adoption, 
implementation, and use of current, new, or novel technologies 
on its system to reduce safety risks identified under the railroad 
safety risk reduction program. 
‘‘(4) POSITIVE TRAIN CONTROL.—Except as required by sec-
tion 20157 (relating to the requirements for implementation 
of positive train control systems), the Secretary shall ensure 
that— 
‘‘(A) each railroad carrier’s technology implementation 
plan required under paragraph (1) that includes a schedule 
for implementation of a positive train control system com-
plies with that schedule; and 
‘‘(B) each railroad carrier required to submit such a 
plan implements a positive train control system pursuant 
to such plan by December 31, 2018. 
‘‘(f) FATIGUE MANAGEMENT PLAN.— 
‘‘(1) IN GENERAL.—As part of its railroad safety risk reduc-
tion program, a railroad carrier required to submit a railroad 
safety risk reduction program under subsection (a) shall develop 
and update at least once every 2 years a fatigue management 
plan that is designed to reduce the fatigue experienced by 
safety-related railroad employees and to reduce the likelihood 
of accidents, incidents, injuries, and fatalities caused by fatigue. 
Any such update shall be subject to review and approval by 
the Secretary. 
‘‘(2) TARGETED
FATIGUE
COUNTERMEASURES.—A railroad 
carrier’s fatigue management plan shall take into account the 
varying circumstances of operations by the railroad on different 
parts of its system, and shall prescribe appropriate fatigue 
countermeasures to address those varying circumstances. 
‘‘(3) ADDITIONAL ELEMENTS.—A railroad shall consider the 
need to include in its fatigue management plan elements 
addressing each of the following items, as applicable: 
‘‘(A) Employee education and training on the physio-
logical and human factors that affect fatigue, as well as 
strategies to reduce or mitigate the effects of fatigue, based 
on the most current scientific and medical research and 
literature. 
‘‘(B) Opportunities for identification, diagnosis, and 
treatment of any medical condition that may affect alert-
ness or fatigue, including sleep disorders. 
‘‘(C) Effects on employee fatigue of an employee’s short- 
term or sustained response to emergency situations, such 
as derailments and natural disasters, or engagement in 
other intensive working conditions. 
Deadline. 
Deadline. 
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122 STAT. 4856 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(D) Scheduling practices for employees, including 
innovative scheduling practices, on-duty call practices, 
work and rest cycles, increased consecutive days off for 
employees, changes in shift patterns, appropriate sched-
uling practices for varying types of work, and other aspects 
of employee scheduling that would reduce employee fatigue 
and cumulative sleep loss. 
‘‘(E) Methods to minimize accidents and incidents that 
occur as a result of working at times when scientific and 
medical research have shown increased fatigue disrupts 
employees’ circadian rhythm. 
‘‘(F) Alertness strategies, such as policies on napping, 
to address acute drowsiness and fatigue while an employee 
is on duty. 
‘‘(G) Opportunities to obtain restful sleep at lodging 
facilities, including employee sleeping quarters provided 
by the railroad carrier. 
‘‘(H) The increase of the number of consecutive hours 
of off-duty rest, during which an employee receives no 
communication from the employing railroad carrier or its 
managers, supervisors, officers, or agents. 
‘‘(I) Avoidance of abrupt changes in rest cycles for 
employees. 
‘‘(J) Additional elements that the Secretary considers 
appropriate. 
‘‘(g) CONSENSUS.— 
‘‘(1) IN GENERAL.—Each railroad carrier required to submit 
a railroad safety risk reduction program under subsection (a) 
shall consult with, employ good faith and use its best efforts 
to reach agreement with, all of its directly affected employees, 
including any non-profit employee labor organization rep-
resenting a class or craft of directly affected employees of 
the railroad carrier, on the contents of the safety risk reduction 
program. 
‘‘(2) STATEMENT.—If the railroad carrier and its directly 
affected employees, including any nonprofit employee labor 
organization representing a class or craft of directly affected 
employees of the railroad carrier, cannot reach consensus on 
the proposed contents of the plan, then directly affected 
employees and such organization may file a statement with 
the Secretary explaining their views on the plan on which 
consensus was not reached. The Secretary shall consider such 
views during review and approval of the program. 
‘‘(h) ENFORCEMENT.—The Secretary shall have the authority 
to assess civil penalties pursuant to chapter 213 for a violation 
of this section, including the failure to submit, certify, or comply 
with a safety risk reduction program, risk mitigation plan, tech-
nology implementation plan, or fatigue management plan.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by inserting after the item relating to 
section 20155 the following: 
‘‘20156. Railroad safety risk reduction program.’’. 
SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 103 of this division, is further amended by adding at 
the end thereof the following: 
Consultation. 
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122 STAT. 4857 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘§ 20157. Implementation of positive train control systems 
‘‘(a) IN GENERAL.— 
‘‘(1) PLAN REQUIRED.—Not later than 18 months after the 
date of enactment of the Rail Safety Improvement Act of 2008, 
each Class I railroad carrier and each entity providing regularly 
scheduled intercity or commuter rail passenger transportation 
shall develop and submit to the Secretary of Transportation 
a plan for implementing a positive train control system by 
December 31, 2015, governing operations on— 
‘‘(A) its main line over which intercity rail passenger 
transportation or commuter rail passenger transportation, 
as defined in section 24102, is regularly provided; 
‘‘(B) its main line over which poison- or toxic-by-inhala-
tion hazardous materials, as defined in parts 171.8, 
173.115, and 173.132 of title 49, Code of Federal Regula-
tions, are transported; and 
‘‘(C) such other tracks as the Secretary may prescribe 
by regulation or order. 
‘‘(2) IMPLEMENTATION.—The plan shall describe how it will 
provide for interoperability of the system with movements of 
trains of other railroad carriers over its lines and shall, to 
the extent practical, implement the system in a manner that 
addresses areas of greater risk before areas of lesser risk. 
The railroad carrier shall implement a positive train control 
system in accordance with the plan. 
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may provide tech-
nical assistance and guidance to railroad carriers in developing 
the plans required under subsection (a). 
‘‘(c) REVIEW AND APPROVAL.—Not later than 90 days after the 
Secretary receives a plan, the Secretary shall review and approve 
or disapprove it. If the proposed plan is not approved, the Secretary 
shall notify the affected railroad carrier or other entity as to the 
specific areas in which the proposed plan is deficient, and the 
railroad carrier or other entity shall correct all deficiencies within 
30 days following receipt of written notice from the Secretary. 
The Secretary shall annually conduct a review to ensure that the 
railroad carriers are complying with their plans. 
‘‘(d) REPORT.—Not later than December 31, 2012, the Secretary 
shall transmit 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 
progress of the railroad carriers in implementing such positive 
train control systems. 
‘‘(e) ENFORCEMENT.—The Secretary is authorized to assess civil 
penalties pursuant to chapter 213 for a violation of this section, 
including the failure to submit or comply with a plan for imple-
menting positive train control under subsection (a). 
‘‘(f) OTHER
RAILROAD
CARRIERS.—Nothing in this section 
restricts the discretion of the Secretary to require railroad carriers 
other than those specified in subsection (a) to implement a positive 
train control system pursuant to this section or section 20156, 
or to specify the period by which implementation shall occur that 
does not exceed the time limits established in this section or section 
20156. In exercising such discretion, the Secretary shall, at a min-
imum, consider the risk to railroad employees and the public associ-
ated with the operations of the railroad carrier. 
Notification. 
Deadlines. 
Deadlines. 
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122 STAT. 4858 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations 
or issue orders necessary to implement this section, including regu-
lations specifying in appropriate technical detail the essential 
functionalities of positive train control systems, and the means 
by which those systems will be qualified. 
‘‘(h) CERTIFICATION.—The Secretary shall not permit the 
installation of any positive train control system or component in 
revenue service unless the Secretary has certified that any such 
system or component has been approved through the approval 
process set forth in part 236 of title 49, Code of Federal Regulations, 
and complies with the requirements of that part. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) INTEROPERABILITY.—The term ‘interoperability’ means 
the ability to control locomotives of the host railroad and tenant 
railroad to communicate with and respond to the positive train 
control system, including uninterrupted movements over prop-
erty boundaries. 
‘‘(2) MAIN LINE.—The term ‘main line’ means a segment 
or route of railroad tracks over which 5,000,000 or more gross 
tons of railroad traffic is transported annually, except that— 
‘‘(A) the Secretary may, through regulations under sub-
section (g), designate additional tracks as main line as 
appropriate for this section; and 
‘‘(B) for intercity rail passenger transportation or com-
muter rail passenger transportation routes or segments 
over which limited or no freight railroad operations occur, 
the Secretary shall define the term ‘main line’ by regula-
tion. 
‘‘(3) POSITIVE TRAIN CONTROL SYSTEM.—The term ‘positive 
train control system’ means a system designed to prevent train- 
to-train collisions, over-speed derailments, incursions into 
established work zone limits, and the movement of a train 
through a switch left in the wrong position.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 103 of this division, is amended 
by inserting after the item relating to section 20156 the following: 
‘‘20157. Implementation of positive train control systems.’’. 
SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 104 of this division, is further amended by adding at 
the end thereof the following: 
‘‘§ 20158. Railroad safety technology grants 
‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall 
establish a grant program for the deployment of train control tech-
nologies, train control component technologies, processor-based tech-
nologies, electronically controlled pneumatic brakes, rail integrity 
inspection systems, rail integrity warning systems, switch position 
indicators and monitors, remote control power switch technologies, 
track integrity circuit technologies, and other new or novel railroad 
safety technology. 
‘‘(b) GRANT CRITERIA.— 
‘‘(1) ELIGIBILITY.—Grants shall be made under this section 
to eligible passenger and freight railroad carriers, railroad sup-
pliers, and State and local governments for projects described 
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122 STAT. 4859 
PUBLIC LAW 110–432—OCT. 16, 2008 
in subsection (a) that have a public benefit of improved safety 
and network efficiency. 
‘‘(2) CONSIDERATIONS.—Priority shall be given to projects 
that— 
‘‘(A) focus on making technologies interoperable 
between railroad systems, such as train control tech-
nologies; 
‘‘(B) accelerate train control technology deployment on 
high-risk corridors, such as those that have high volumes 
of hazardous materials shipments or over which commuter 
or passenger trains operate; or 
‘‘(C) benefit both passenger and freight safety and effi-
ciency. 
‘‘(3) IMPLEMENTATION PLANS.—Grants may not be awarded 
under this section to entities that fail to develop and submit 
to the Secretary the plans required by sections 20156(e)(2) 
and 20157. 
‘‘(4) MATCHING
REQUIREMENTS.—Federal funds for any 
eligible project under this section shall not exceed 80 percent 
of the total cost of such project. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Transportation $50,000,000 
for each of fiscal years 2009 through 2013 to carry out this section. 
Amounts appropriated pursuant to this section shall remain avail-
able until expended.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 104 of this division, is further 
amended by inserting after the item relating to section 20157 the 
following: 
‘‘20158. Railroad safety technology grants.’’. 
SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDA-
TIONS. 
Not later than December 31, 2008, and annually thereafter, 
the Secretary shall transmit a report to the House of Representa-
tives Committee on Transportation and Infrastructure and the 
Senate Committee on Commerce, Science, and Transportation on 
the specific actions taken to implement unmet statutory mandates 
regarding railroad safety and each open railroad safety rec-
ommendation made by the National Transportation Safety Board 
or the Department’s Inspector General. 
SEC. 107. RULEMAKING PROCESS. 
(a) AMENDMENT.—Subchapter I of chapter 201 is amended by 
inserting after section 20115 the following new section: 
‘‘§ 20116. Rulemaking process 
‘‘No rule or order issued by the Secretary under this part 
shall be effective if it incorporates by reference a code, rule, 
standard, requirement, or practice issued by an association or other 
entity that is not an agency of the Federal Government, unless 
the date on which the code, rule, standard, requirement, or practice 
was adopted is specifically cited in the rule or order, or the code, 
rule, standard, requirement, or practice has been subject to notice 
and comment under a rule or order issued under this part.’’. 
49 USC 20101 
note. 
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122 STAT. 4860 
PUBLIC LAW 110–432—OCT. 16, 2008 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by inserting after the item relating to 
section 20115 the following: 
‘‘20116. Rulemaking process.’’. 
SEC. 108. HOURS-OF-SERVICE REFORM. 
(a) CHANGE
IN DEFINITION
OF SIGNAL EMPLOYEE.—Section 
21101(4) is amended by striking ‘‘employed by a railroad carrier’’. 
(b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOYEES.—Section 
21103 is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection (d) of this 
section, a railroad carrier and its officers and agents may not 
require or allow a train employee to— 
‘‘(1) remain on duty, go on duty, wait for deadhead transpor-
tation, be in deadhead transportation from a duty assignment 
to the place of final release, or be in any other mandatory 
service for the carrier in any calendar month where the 
employee has spent a total of 276 hours— 
‘‘(A) on duty; 
‘‘(B) waiting for deadhead transportation, or in 
deadhead transportation from a duty assignment to the 
place of final release; or 
‘‘(C) in any other mandatory service for the carrier; 
‘‘(2) remain or go on duty for a period in excess of 12 
consecutive hours; 
‘‘(3) remain or go on duty unless that employee has had 
at least 10 consecutive hours off duty during the prior 24 
hours; or 
‘‘(4) remain or go on duty after that employee has initiated 
an on-duty period each day for— 
‘‘(A) 6 consecutive days, unless that employee has had 
at least 48 consecutive hours off duty at the employee’s 
home terminal during which time the employee is unavail-
able for any service for any railroad carrier except that— 
‘‘(i) an employee may work a seventh consecutive 
day if that employee completed his or her final period 
of on-duty time on his or her sixth consecutive day 
at a terminal other than his or her home terminal; 
and 
‘‘(ii) any employee who works a seventh consecutive 
day pursuant to subparagraph (i) shall have at least 
72 consecutive hours off duty at the employee’s home 
terminal during which time the employee is unavail-
able for any service for any railroad carrier; or 
‘‘(B) except as provided in subparagraph (A), 7 consecu-
tive days, unless that employee has had at least 72 consecu-
tive hours off duty at the employee’s home terminal during 
which time the employee is unavailable for any service 
for any railroad carrier, if— 
‘‘(i) for a period of 18 months following the date 
of enactment of the Rail Safety Improvement Act of 
2008, an existing collective bargaining agreement 
expressly provides for such a schedule or, following 
the expiration of 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, collective 
49 USC 21101. 
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122 STAT. 4861 
PUBLIC LAW 110–432—OCT. 16, 2008 
bargaining agreements entered into during such period 
expressly provide for such a schedule; 
‘‘(ii) such a schedule is provided for by a pilot 
program authorized by a collective bargaining agree-
ment; or 
‘‘(iii) such a schedule is provided for by a pilot 
program under section 21108 of this chapter related 
to employees’ work and rest cycles. 
The Secretary may waive paragraph (4), consistent with the proce-
dural requirements of section 20103, if a collective bargaining agree-
ment provides a different arrangement and such an arrangement 
is in the public interest and consistent with railroad safety.’’; 
(2) by redesignating subsection (c) as subsection (d) and 
inserting after subsection (b) the following: 
‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST REQUIRE-
MENT.— 
‘‘(1) A railroad carrier may not require or allow an 
employee— 
‘‘(A) to exceed a total of 40 hours per calendar month 
spent— 
‘‘(i) waiting for deadhead transportation; or 
‘‘(ii) in deadhead transportation from a duty 
assignment to the place of final release, 
following a period of 12 consecutive hours on duty that 
is neither time on duty nor time off duty, not including 
interim rest periods, during the period from the date of 
enactment of the Rail Safety Improvement Act of 2008 
to one year after such date of enactment; and 
‘‘(B) to exceed a total of 30 hours per calendar month 
spent— 
‘‘(i) waiting for deadhead transportation; or 
‘‘(ii) in deadhead transportation from a duty 
assignment to the place of final release, 
following a period of 12 consecutive hours on duty that 
is neither time on duty nor time off duty, not including 
interim rest periods, during the period beginning one year 
after the date of enactment of the Rail Safety Improvement 
Act of 2008 except that the Secretary may further limit 
the monthly limitation pursuant to regulations prescribed 
under section 21109. 
‘‘(2) The limitations in paragraph (1) shall apply unless 
the train carrying the employee is directly delayed by— 
‘‘(A) a casualty; 
‘‘(B) an accident; 
‘‘(C) an act of God; 
‘‘(D) a derailment; 
‘‘(E) a major equipment failure that prevents the train 
from advancing; or 
‘‘(F) a delay resulting from a cause unknown and 
unforeseeable to a railroad carrier or its officer or agent 
in charge of the employee when the employee left a ter-
minal. 
‘‘(3) Each railroad carrier shall report to the Secretary, 
in accordance with procedures established by the Secretary, 
each instance where an employee subject to this section spends 
time waiting for deadhead transportation or in deadhead 
Reports. 
Procedures. 
Applicability. 
Waiver authority. 
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122 STAT. 4862 
PUBLIC LAW 110–432—OCT. 16, 2008 
transportation from a duty assignment to the place of final 
release in excess of the requirements of paragraph (1). 
‘‘(4) If— 
‘‘(A) the time spent waiting for deadhead transpor-
tation or in deadhead transportation from a duty assign-
ment to the place of final release that is not time on 
duty, plus 
‘‘(B) the time on duty, 
exceeds 12 consecutive hours, the railroad carrier and its offi-
cers and agents shall provide the employee with additional 
time off duty equal to the number of hours by which such 
sum exceeds 12 hours.’’; and 
(3) by adding at the end thereof the following: 
‘‘(e) COMMUNICATION DURING TIME OFF DUTY.—During a train 
employee’s minimum off-duty period of 10 consecutive hours, as 
provided under subsection (a) or during an interim period of at 
least 4 consecutive hours available for rest under subsection (b)(7) 
or during additional off-duty hours under subsection (c)(4), a rail-
road carrier, and its officers and agents, shall not communicate 
with the train employee by telephone, by pager, or in any other 
manner that could reasonably be expected to disrupt the employee’s 
rest. Nothing in this subsection shall prohibit communication nec-
essary to notify an employee of an emergency situation, as defined 
by the Secretary. The Secretary may waive the requirements of 
this paragraph for commuter or intercity passenger railroads if 
the Secretary determines that such a waiver will not reduce safety 
and is necessary to maintain such railroads’ efficient operations 
and on-time performance of its trains.’’. 
(c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOYEES.—Sec-
tion 21104 is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection (c) of this 
section, a railroad carrier and its officers and agents may not 
require or allow its signal employees to remain or go on duty 
and a contractor or subcontractor to a railroad carrier and its 
officers and agents may not require or allow its signal employees 
to remain or go on duty — 
‘‘(1) for a period in excess of 12 consecutive hours; or 
‘‘(2) unless that employee has had at least 10 consecutive 
hours off duty during the prior 24 hours.’’; 
(2) by striking ‘‘duty, except that up to one hour of that 
time spent returning from the final trouble call of a period 
of continuous or broken service is time off duty.’’ in subsection 
(b)(3) and inserting ‘‘duty.’’; 
(3) by inserting ‘‘A signal employee may not be allowed 
to remain or go on duty under the emergency authority provided 
under this subsection to conduct routine repairs, routine 
maintenance, or routine inspection of signal systems.’’ after 
‘‘service.’’ in subsection (c); and 
(4) by adding at the end the following: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal 
employee’s minimum off-duty period of 10 consecutive hours, as 
provided under subsection (a), a railroad carrier or a contractor 
or subcontractor to a railroad carrier, and its officers and agents, 
shall not communicate with the signal employee by telephone, by 
pager, or in any other manner that could reasonably be expected 
to disrupt the employee’s rest. Nothing in this subsection shall 
49 USC 21104. 
Waiver authority. 
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122 STAT. 4863 
PUBLIC LAW 110–432—OCT. 16, 2008 
prohibit communication necessary to notify an employee of an emer-
gency situation, as defined by the Secretary. 
‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, and rest 
periods of signal employees shall be governed exclusively by this 
chapter. Signal employees operating motor vehicles shall not be 
subject to any hours of service rules, duty hours or rest period 
rules promulgated by any Federal authority, including the Federal 
Motor Carrier Safety Administration, other than the Federal Rail-
road Administration.’’. 
(d) ALTERNATE HOURS OF SERVICE REGIME.— 
(1) APPLICATION OF HOURS OF SERVICE REGIME.—Section 
21102 is amended— 
(A) by striking the section caption and inserting the 
following: 
‘‘§ 21102. Nonapplication, exemption, and alternate hours of 
service regime’’; and 
(B) by adding at the end thereof the following: 
‘‘(c) APPLICATION OF HOURS OF SERVICE REGIME TO COMMUTER 
AND INTERCITY PASSENGER RAILROAD TRAIN EMPLOYEES.— 
‘‘(1) When providing commuter rail passenger transpor-
tation or intercity rail passenger transportation, the limitations 
on duty hours for train employees of railroad carriers, including 
public authorities operating passenger service, shall be solely 
governed by old section 21103 until the earlier of— 
‘‘(A) the effective date of regulations prescribed by the 
Secretary under section 21109(b) of this chapter; or 
‘‘(B) the date that is 3 years following the date of 
enactment of the Rail Safety Improvement Act of 2008. 
‘‘(2) After the date on which old section 21103 ceases to 
apply, pursuant to paragraph (1), to the limitations on duty 
hours for train employees of railroad carriers with respect 
to the provision of commuter rail passenger transportation or 
intercity rail passenger transportation, the limitations on duty 
hours for train employees of such railroad carriers shall be 
governed by new section 21103, except as provided in paragraph 
(3). 
‘‘(3) After the effective date of the regulations prescribed 
by the Secretary under section 21109(b) of this title, such 
carriers shall— 
‘‘(A) comply with the limitations on duty hours for 
train employees with respect to the provision of commuter 
rail passenger transportation or intercity rail passenger 
transportation as prescribed by such regulations; and 
‘‘(B) be exempt from complying with the provisions 
of old section 21103 and new section 21103 for such 
employees. 
‘‘(4) In this subsection: 
‘‘(A) The terms ‘commuter rail passenger transpor-
tation’ and ‘intercity rail passenger transportation’ have 
the meaning given those terms in section 24102 of this 
title. 
‘‘(C) The term ‘new section 21103’ means section 21103 
of this chapter as amended by the Rail Safety Improvement 
Act of 2008. 
49 USC 21102. 
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122 STAT. 4864 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(D) The term ‘old section 21103’ means section 21103 
of this chapter as it was in effect on the day before the 
enactment of that Act.’’. 
(2) CONFORMING AMENDMENT.—The chapter analysis for 
chapter 211 is amended by striking the item relating to section 
21102 and inserting the following: 
‘‘21102. Nonapplication, exemption, and alternate hours of service regime.’’. 
(e) REGULATORY AUTHORITY.— 
(1) IN GENERAL.—Chapter 211 is amended by adding at 
the end thereof the following: 
‘‘§ 21109. Regulatory authority 
‘‘(a) IN GENERAL.—In order to improve safety and reduce 
employee fatigue, the Secretary may prescribe regulations— 
‘‘(1) to reduce the maximum hours an employee may be 
required or allowed to go or remain on duty to a level less 
than the level established under this chapter; 
‘‘(2) to increase the minimum hours an employee may be 
required or allowed to rest to a level greater than the level 
established under this chapter; 
‘‘(3) to limit or eliminate the amount of time an employee 
spends waiting for deadhead transportation or in deadhead 
transportation from a duty assignment to the place of final 
release that is considered neither on duty nor off duty under 
this chapter; 
‘‘(4) for signal employees— 
‘‘(A) to limit or eliminate the amount of time that 
is considered to be neither on duty nor off duty under 
this chapter that an employee spends returning from an 
outlying worksite after scheduled duty hours or returning 
from a trouble call to the employee’s headquarters or 
directly to the employee’s residence; and 
‘‘(B) to increase the amount of time that constitutes 
a release period, that does not break the continuity of 
service and is considered time off duty; and 
‘‘(5) to require other changes to railroad operating and 
scheduling practices, including unscheduled duty calls, that 
could affect employee fatigue and railroad safety. 
‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN 
EMPLOYEES OF COMMUTER AND INTERCITY PASSENGER RAILROAD 
CARRIERS.—Within 3 years after the date of enactment of the Rail 
Safety Improvement Act of 2008, the Secretary shall prescribe regu-
lations and issue orders to establish hours of service requirements 
for train employees engaged in commuter rail passenger transpor-
tation and intercity rail passenger transportation (as defined in 
section 24102 of this title) that may differ from the requirements 
of this chapter. Such regulations and orders may address railroad 
operating and scheduling practices, including unscheduled duty 
calls, communications during time off duty, and time spent waiting 
for deadhead transportation or in deadhead transportation from 
a duty assignment to the place of final release, that could affect 
employee fatigue and railroad safety. 
‘‘(c) CONSIDERATIONS.—In issuing regulations under subsection 
(a) the Secretary shall consider scientific and medical research 
related to fatigue and fatigue abatement, railroad scheduling and 
operating practices that improve safety or reduce employee fatigue, 
Deadline. 
Orders. 
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122 STAT. 4865 
PUBLIC LAW 110–432—OCT. 16, 2008 
a railroad’s use of new or novel technology intended to reduce 
or eliminate human error, the variations in freight and passenger 
railroad scheduling practices and operating conditions, the vari-
ations in duties and operating conditions for employees subject 
to this chapter, a railroad’s required or voluntary use of fatigue 
management plans covering employees subject to this chapter, and 
any other relevant factors. 
‘‘(d) TIME LIMITS.— 
‘‘(1) If the Secretary determines that regulations are nec-
essary under subsection (a), the Secretary shall first request 
that the Railroad Safety Advisory Committee develop proposed 
regulations and, if the Committee accepts the task, provide 
the Committee with a reasonable time period in which to com-
plete the task. 
‘‘(2) If the Secretary requests that the Railroad Safety 
Advisory Committee accept the task of developing regulations 
under subsection (b) and the Committee accepts the task, the 
Committee shall reach consensus on the rulemaking within 
18 months after accepting the task. If the Committee does 
not reach consensus within 18 months after the Secretary 
makes the request, the Secretary shall prescribe appropriate 
regulations within 18 months. 
‘‘(3) If the Secretary does not request that the Railroad 
Safety Advisory Committee accept the task of developing regu-
lations under subsection (b), the Secretary shall prescribe regu-
lations within 3 years after the date of enactment of the Rail 
Safety Improvement Act of 2008. 
‘‘(e) PILOT PROJECTS.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of the Rail Safety Improvement Act of 2008, 
the Secretary shall conduct at least 2 pilot projects of sufficient 
size and scope to analyze specific practices which may be used 
to reduce fatigue for train and engine and other railroad 
employees as follows: 
‘‘(A) A pilot project at a railroad or railroad facility 
to evaluate the efficacy of communicating to employees 
notice of their assigned shift time 10 hours prior to the 
beginning of their assigned shift as a method for reducing 
employee fatigue. 
‘‘(B) A pilot project at a railroad or railroad facility 
to evaluate the efficacy of requiring railroads who use 
employee scheduling practices that subject employees to 
periods of unscheduled duty calls to assign employees to 
defined or specific unscheduled call shifts that are followed 
by shifts not subject to call, as a method for reducing 
employee fatigue. 
‘‘(2) WAIVER.—The Secretary may temporarily waive the 
requirements of this section, if necessary, to complete a pilot 
project under this subsection. 
‘‘(f) DUTY CALL DEFINED.—In this section the term ‘duty call’ 
means a telephone call that a railroad places to an employee to 
notify the employee of his or her assigned shift time.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) The chapter analysis for chapter 211 is amended 
by adding at the end thereof the following: 
‘‘21109. Regulatory authority.’’. 
Deadline. 
Deadlines. 
Regulations. 
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122 STAT. 4866 
PUBLIC LAW 110–432—OCT. 16, 2008 
(B) The first sentence of section 21303(a)(1) is amended 
by inserting ‘‘including section 21103 (as such section was 
in effect on the day before the date of enactment of the 
Rail Safety Improvement Act of 2008),’’ after ‘‘this title,’’ 
the second place it appears. 
(f) RECORD KEEPING AND REPORTING.— 
(1) REGULATIONS.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall prescribe a regula-
tion revising the requirements for recordkeeping and reporting 
for Hours of Service of Railroad Employees contained in part 
228 of title 49, Code of Federal Regulations— 
(A) to adjust record keeping and reporting require-
ments to support compliance with chapter 211 of title 49, 
United States Code, as amended by this Act; 
(B) to authorize electronic record keeping, and 
reporting of excess service, consistent with appropriate 
considerations for user interface; and 
(C) to require training of affected employees and super-
visors, including training of employees in the entry of hours 
of service data. 
(2) PROCEDURE.—In lieu of issuing a notice of proposed 
rulemaking as contemplated by section 553 of title 5, United 
States Code, the Secretary may utilize the Railroad Safety 
Advisory Committee to assist in development of the regulation. 
The Secretary may propose and adopt amendments to the 
revised regulations thereafter as may be necessary in light 
of experience under the revised requirements. 
(g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIMITATION 
CHANGES.—The amendments made by subsections (a), (b), and (c) 
shall take effect 9 months after the date of enactment of this 
Act. 
SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES 
INFORMATION. 
(a) AMENDMENT.—Subchapter I of chapter 201 is amended by 
adding at the end thereof the following: 
‘‘§ 20118. Prohibition on public disclosure of railroad safety 
analysis records 
‘‘(a) IN GENERAL.—Except as necessary for the Secretary of 
Transportation or another Federal agency to enforce or carry out 
any provision of Federal law, any part of any record (including, 
but not limited to, a railroad carrier’s analysis of its safety risks 
and its statement of the mitigation measures it has identified 
with which to address those risks) that the Secretary has obtained 
pursuant to a provision of, or regulation or order under, this chapter 
related to the establishment, implementation, or modification of 
a railroad safety risk reduction program or pilot program is exempt 
from the requirements of section 552 of title 5 if the record is— 
‘‘(1) supplied to the Secretary pursuant to that safety risk 
reduction program or pilot program; or 
‘‘(2) made available for inspection and copying by an officer, 
employee, or agent of the Secretary pursuant to that safety 
risk reduction program or pilot program. 
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary 
may disclose any part of any record comprised of facts otherwise 
available to the public if, in the Secretary’s sole discretion, the 
Effective date. 
49 USC 21101 
note. 
49 USC 21101 
note. 
49 USC 21303. 
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122 STAT. 4867 
PUBLIC LAW 110–432—OCT. 16, 2008 
Secretary determines that disclosure would be consistent with the 
confidentiality needed for that safety risk reduction program or 
pilot program. 
‘‘(c) DISCRETIONARY PROHIBITION
OF DISCLOSURE.—The Sec-
retary may prohibit the public disclosure of risk analyses or risk 
mitigation analyses that the Secretary has obtained under other 
provisions of, or regulations or orders under, this chapter if the 
Secretary determines that the prohibition of public disclosure is 
necessary to promote railroad safety. 
‘‘§ 20119. Study on use of certain reports and surveys 
‘‘(a) STUDY.—The Federal Railroad Administration shall com-
plete a study to evaluate whether it is in the public interest, 
including public safety and the legal rights of persons injured 
in railroad accidents, to withhold from discovery or admission into 
evidence in a Federal or State court proceeding for damages 
involving personal injury or wrongful death against a carrier any 
report, survey, schedule, list, or data compiled or collected for 
the purpose of evaluating, planning, or implementing a railroad 
safety risk reduction program required under this chapter, including 
a railroad carrier’s analysis of its safety risks and its statement 
of the mitigation measures with which it will address those risks. 
In conducting this study, the Secretary shall solicit input from 
the railroads, railroad non-profit employee labor organizations, rail-
road accident victims and their families, and the general public. 
‘‘(b) AUTHORITY.—Following completion of the study required 
under subsection (a), the Secretary, if in the public interest, 
including public safety and the legal rights of persons injured 
in railroad accidents, may prescribe a rule subject to notice and 
comment to address the results of the study. Any such rule pre-
scribed pursuant to this subsection shall not become effective until 
1 year after its adoption.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by inserting after the item relating to 
section 20117 the following: 
‘‘20118. Prohibition on public disclosure of railroad safety analysis records. 
‘‘20119. Study on use of certain reports and surveys.’’. 
SEC. 110. PILOT PROJECTS. 
Section 21108 is amended to read as follows: 
‘‘§ 21108. Pilot projects 
‘‘(a) IN GENERAL.—As of the date of enactment of the Rail 
Safety Improvement Act of 2008, a railroad carrier or railroad 
carriers and all nonprofit employee labor organizations representing 
any class or craft of directly affected covered service employees 
of the railroad carrier or railroad carriers, may jointly petition 
the Secretary of Transportation for approval of— 
‘‘(1) a waiver of compliance with this chapter as in effect 
on the date of enactment of the Rail Safety Improvement Act 
of 2008; or 
‘‘(2) a waiver of compliance with this chapter as it will 
be effective 9 months after the enactment of the Rail Safety 
Improvement Act of 2008, 
to enable the establishment of one or more pilot projects to dem-
onstrate the possible benefits of implementing alternatives to the 
strict application of the requirements of this chapter, including 
49 USC 21108. 
Effective date. 
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122 STAT. 4868 
PUBLIC LAW 110–432—OCT. 16, 2008 
requirements concerning maximum on-duty and minimum off-duty 
periods. 
‘‘(b) GRANTING OF WAIVERS.—The Secretary may, after notice 
and opportunity for comment, approve such waivers described in 
subsection (a) for a period not to exceed two years, if the Secretary 
determines that such a waiver of compliance is in the public interest 
and is consistent with railroad safety. 
‘‘(c) EXTENSIONS.—Any such waiver, based on a new petition, 
may be extended for additional periods of up to two years, after 
notice and opportunity for comment. An explanation of any waiver 
granted under this section shall be published in the Federal Reg-
ister. 
‘‘(d) REPORT.—The Secretary of Transportation shall submit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives, no later than December 31, 2012, 
or, if no projects are completed prior to December 31, 2012, no 
later than 6 months after the completion of a pilot project, a 
report that— 
‘‘(1) explains and analyzes the effectiveness of any pilot 
project established pursuant to a waiver granted under sub-
section (a); 
‘‘(2) describes the status of all other waivers granted under 
subsection (a) and their related pilot projects, if any; and 
‘‘(3) recommends any appropriate legislative changes to 
this chapter. 
‘‘(e) DEFINITION.—For purposes of this section, the term ‘directly 
affected covered service employees’ means covered service employees 
to whose hours of service the terms of the waiver petitioned for 
specifically apply.’’. 
TITLE 
II—HIGHWAY-RAIL 
GRADE 
CROSSING AND PEDESTRIAN SAFETY 
AND TRESPASSER PREVENTION 
SEC. 201. PEDESTRIAN CROSSING SAFETY. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall provide guidance to railroads on strategies 
and methods to prevent pedestrian accidents, incidents, injuries, 
and fatalities at or near passenger stations, including— 
(1) providing audible warning of approaching trains to the 
pedestrians at railroad passenger stations; 
(2) using signs, signals, or other visual devices to warn 
pedestrians of approaching trains; 
(3) installing infrastructure at pedestrian crossings to 
improve the safety of pedestrians crossing railroad tracks; 
(4) installing fences to prohibit access to railroad tracks; 
and 
(5) other strategies or methods as determined by the Sec-
retary. 
SEC. 202. STATE ACTION PLANS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall identify the 10 States that 
Deadline. 
49 USC 22501 
note. 
Deadline. 
Guidance. 
49 USC 20134 
note. 
Federal Register, 
publication. 
Notice. 
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122 STAT. 4869 
PUBLIC LAW 110–432—OCT. 16, 2008 
have had the most highway-rail grade crossing collisions, on aver-
age, over the past 3 years and require those States to develop 
a State grade crossing action plan within a reasonable period of 
time, as determined by the Secretary. The plan shall identify specific 
solutions for improving safety at crossings, including highway-rail 
grade crossing closures or grade separations, and shall focus on 
crossings that have experienced multiple accidents or are at high 
risk for such accidents. The Secretary shall provide assistance to 
the States in developing and carrying out, as appropriate, the 
plan. The plan may be coordinated with other State or Federal 
planning requirements and shall cover a period of time determined 
to be appropriate by the Secretary. The Secretary may condition 
the awarding of any grants under section 20158, 20167, or 22501 
of title 49, United States Code, to a State identified under this 
section on the development of such State’s plan. 
(b) REVIEW AND APPROVAL.—Not later than 60 days after the 
Secretary receives a plan under subsection (a), the Secretary shall 
review and approve or disapprove it. If the proposed plan is dis-
approved, the Secretary shall notify the affected State as to the 
specific areas in which the proposed plan is deficient, and the 
State shall correct all deficiencies within 30 days following receipt 
of written notice from the Secretary. 
SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL 
GRADE CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 105 of this division, is further amended by inserting 
after section 20158 the following: 
‘‘§ 20159. Roadway user sight distance at highway-rail grade 
crossings 
‘‘Not later than 18 months after the date of enactment of 
the Rail Safety Improvement Act of 2008, the Secretary, after 
consultation with the Federal Railroad Administration, the Federal 
Highway Administration, and States, shall develop and make avail-
able to States model legislation providing for improving safety by 
addressing sight obstructions, including vegetation growth, topo-
graphic features, structures, and standing railroad equipment, at 
highway-rail grade crossings that are equipped solely with passive 
warnings, as recommended by the Inspector General of the Depart-
ment of Transportation in Report No. MH–2007–044.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 105 of this division, is amended 
by inserting after the item relating to section 20158 the following 
new item: 
‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’. 
SEC. 204. NATIONAL CROSSING INVENTORY. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 203 of this division, is further amended by adding at 
the end the following new section: 
‘‘§ 20160. National crossing inventory 
‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY 
UNREPORTED CROSSINGS.—Not later than 1 year after the date 
of enactment of the Rail Safety Improvement Act of 2008 or 6 
Deadlines. 
Deadline. 
Notification. 
Deadlines. 
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122 STAT. 4870 
PUBLIC LAW 110–432—OCT. 16, 2008 
months after a new crossing becomes operational, whichever occurs 
later, each railroad carrier shall— 
‘‘(1) report to the Secretary of Transportation current 
information, including information about warning devices and 
signage, as specified by the Secretary, concerning each pre-
viously unreported crossing through which it operates or with 
respect to the trackage over which it operates; or 
‘‘(2) ensure that the information has been reported to the 
Secretary by another railroad carrier that operates through 
the crossing. 
‘‘(b) UPDATING OF CROSSING INFORMATION.— 
‘‘(1) On a periodic basis beginning not later than 2 years 
after the date of enactment of the Rail Safety Improvement 
Act of 2008 and on or before September 30 of every year 
thereafter, or as otherwise specified by the Secretary, each 
railroad carrier shall— 
‘‘(A) report to the Secretary current information, including 
information about warning devices and signage, as specified 
by the Secretary, concerning each crossing through which it 
operates or with respect to the trackage over which it operates; 
or 
‘‘(B) ensure that the information has been reported to the 
Secretary by another railroad carrier that operates through 
the crossing. 
‘‘(2) A railroad carrier that sells a crossing or any part of 
a crossing on or after the date of enactment of the Rail Safety 
Improvement Act of 2008 shall, not later than the date that is 
18 months after the date of enactment of that Act or 3 months 
after the sale, whichever occurs later, or as otherwise specified 
by the Secretary, report to the Secretary current information, as 
specified by the Secretary, concerning the change in ownership 
of the crossing or part of the crossing. 
‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall prescribe 
the regulations necessary to implement this section. The Secretary 
may enforce each provision of the Department of Transportation’s 
statement of the national highway-rail crossing inventory policy, 
procedures, and instruction for States and railroads that is in 
effect on the date of enactment of the Rail Safety Improvement 
Act of 2008, until such provision is superseded by a regulation 
issued under this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CROSSING.—The term ‘crossing’ means a location within 
a State, other than a location where one or more railroad 
tracks cross one or more railroad tracks either at grade or 
grade-separated, where— 
‘‘(A) a public highway, road, or street, or a private 
roadway, including associated sidewalks and pathways, 
crosses one or more railroad tracks either at grade or 
grade-separated; or 
‘‘(B) a pathway explicitly authorized by a public 
authority or a railroad carrier that is dedicated for the 
use of nonvehicular traffic, including pedestrians, bicyclists, 
and others, that is not associated with a public highway, 
road, or street, or a private roadway, crosses one or more 
railroad tracks either at grade or grade-separated. 
Regulations. 
Deadlines. 
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122 STAT. 4871 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(2) STATE.—The term ‘State’ means a State of the United 
States, the District of Columbia, or the Commonwealth of 
Puerto Rico.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 203 of this division, is amended 
by inserting after the item relating to section 20159 the following: 
‘‘20160. National crossing inventory.’’. 
(c) REPORTING AND UPDATING.—Section 130 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(l) NATIONAL CROSSING INVENTORY.— 
‘‘(1) INITIAL REPORTING OF CROSSING INFORMATION.—Not 
later than 1 year after the date of enactment of the Rail 
Safety Improvement Act of 2008 or within 6 months of a new 
crossing becoming operational, whichever occurs later, each 
State shall report to the Secretary of Transportation current 
information, including information about warning devices and 
signage, as specified by the Secretary, concerning each pre-
viously unreported public crossing located within its borders. 
‘‘(2) PERIODIC UPDATING OF CROSSING INFORMATION.—On 
a periodic basis beginning not later than 2 years after the 
date of enactment of the Rail Safety Improvement Act of 2008 
and on or before September 30 of every year thereafter, or 
as otherwise specified by the Secretary, each State shall report 
to the Secretary current information, including information 
about warning devices and signage, as specified by the Sec-
retary, concerning each public crossing located within its bor-
ders. 
‘‘(3) RULEMAKING
AUTHORITY.—The Secretary shall pre-
scribe the regulations necessary to implement this subsection. 
The Secretary may enforce each provision of the Department 
of Transportation’s statement of the national highway-rail 
crossing inventory policy, procedures, and instructions for 
States and railroads that is in effect on the date of enactment 
of the Rail Safety Improvement Act of 2008, until such provision 
is superseded by a regulation issued under this subsection. 
‘‘(4) DEFINITIONS.—In this subsection— 
‘‘(A) ‘public crossing’ means a location within a State, 
other than a location where one or more railroad tracks 
cross one or more railroad tracks either at grade or grade- 
separated, where— 
‘‘(i) a public highway, road, or street, including 
associated sidewalks and pathways, crosses one or 
more railroad tracks either at grade or grade-sepa-
rated; or 
‘‘(ii) a publicly owned pathway explicitly authorized 
by a public authority or a railroad carrier and dedicated 
for the use of non-vehicular traffic, including pedes-
trians, bicyclists, and others, that is not associated 
with a public highway, road, or street, or a private 
roadway, crosses one or more railroad tracks either 
at grade or grade-separated; and 
‘‘(B) ‘State’ means a State of the United States, the 
District of Columbia, or Puerto Rico.’’. 
(d) CIVIL PENALTIES.— 
(1) Section 21301(a)(1) is amended— 
49 USC 21301. 
Regulations. 
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122 STAT. 4872 
PUBLIC LAW 110–432—OCT. 16, 2008 
(A) by inserting ‘‘with section 20160 or’’ after ‘‘comply’’ 
in the first sentence; and 
(B) by inserting ‘‘section 20160 of this title or’’ after 
‘‘violating’’ in the second sentence. 
(2) Section 21301(a)(2) is amended by inserting ‘‘The Sec-
retary shall impose a civil penalty for a violation of section 
20160 of this title.’’ after the first sentence. 
SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROB-
LEMS. 
(a) IN GENERAL.—Section 20152 is amended to read as follows: 
‘‘§ 20152. Notification of grade crossing problems 
‘‘(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of the Rail Safety Improvement Act of 2008, the 
Secretary of Transportation shall require each railroad carrier to— 
‘‘(1) establish and maintain a toll-free telephone service 
for rights-of-way over which it dispatches trains, to directly 
receive calls reporting— 
‘‘(A) malfunctions of signals, crossing gates, and other 
devices to promote safety at the grade crossing of railroad 
tracks on those rights-of-way and public or private roads; 
‘‘(B) disabled vehicles blocking railroad tracks at such 
grade crossings; 
‘‘(C) obstructions to the view of a pedestrian or a vehicle 
operator for a reasonable distance in either direction of 
a train’s approach; or 
‘‘(D) other safety information involving such grade 
crossings; 
‘‘(2) upon receiving a report pursuant to paragraph (1)(A) 
or (B), immediately contact trains operating near the grade 
crossing to warn them of the malfunction or disabled vehicle; 
‘‘(3) upon receiving a report pursuant to paragraph (1)(A) 
or (B), and after contacting trains pursuant to paragraph (2), 
contact, as necessary, appropriate public safety officials having 
jurisdiction over the grade crossing to provide them with the 
information necessary for them to direct traffic, assist in the 
removal of the disabled vehicle, or carry out other activities 
as appropriate; 
‘‘(4) upon receiving a report pursuant to paragraph (1)(C) 
or (D), timely investigate the report, remove the obstruction 
if possible, or correct the unsafe circumstance; and 
‘‘(5) ensure the placement at each grade crossing on rights- 
of-way that it owns of appropriately located signs, on which 
shall appear, at a minimum— 
‘‘(A) a toll-free telephone number to be used for placing 
calls described in paragraph (1) to the railroad carrier 
dispatching trains on that right-of-way; 
‘‘(B) an explanation of the purpose of that toll-free 
telephone number; and 
‘‘(C) the grade crossing number assigned for that 
crossing by the National Highway-Rail Crossing Inventory 
established by the Department of Transportation. 
‘‘(b) WAIVER.—The Secretary may waive the requirement that 
the telephone service be toll-free for Class II and Class III rail 
carriers if the Secretary determines that toll-free service would 
be cost prohibitive or unnecessary.’’. 
49 USC 21301. 
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122 STAT. 4873 
PUBLIC LAW 110–432—OCT. 16, 2008 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by striking the item relating to section 
20152 and inserting the following: 
‘‘20152. Notification of grade crossing problems.’’. 
SEC. 206. OPERATION LIFESAVER. 
(a) GRANT.—The Federal Railroad Administration shall make 
a grant or grants to Operation Lifesaver to carry out a public 
information and education program to help prevent and reduce 
pedestrian, motor vehicle, and other accidents, incidents, injuries, 
and fatalities, and to improve awareness along railroad rights- 
of-way and at highway-rail grade crossings. The program shall 
include, as appropriate, development, placement, and dissemination 
of Public Service Announcements in newspaper, radio, television, 
and other media. The program shall also include, as appropriate, 
school presentations, brochures and materials, support for public 
awareness campaigns, and related support for the activities of Oper-
ation Lifesaver’s member organizations. As part of an educational 
program funded by grants awarded under this section, Operation 
Lifesaver shall provide information to the public on how to identify 
and report to the appropriate authorities unsafe or malfunctioning 
highway-rail grade crossings. 
(b) PILOT PROGRAM.—The Secretary may allow funds provided 
under subsection (a) also to be used by Operation Lifesaver to 
implement a pilot program, to be known as the Railroad Safety 
Public Awareness Program, that addresses the need for targeted 
and sustained community outreach on the subjects described in 
subsection (a). Such a pilot program shall be established in 1 
or more States identified under section 202 of this division. In 
carrying out such a pilot program Operation Lifesaver shall work 
with the State, community leaders, school districts, and public 
and private partners to identify the communities at greatest risk, 
to develop appropriate measures to reduce such risks, and shall 
coordinate the pilot program with the State grade crossing action 
plan. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Federal Railroad Administration for car-
rying out this section— 
(1) $2,000,000 for each of fiscal years 2010 and 2011; and 
(2) $1,500,000 for each of fiscal years 2012 and 2013. 
SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE 
CROSSING SAFETY. 
(a) IN GENERAL.—Part B of subtitle V is amended by adding 
at the end thereof the following: 
‘‘CHAPTER 225—FEDERAL GRANTS TO STATES FOR 
HIGHWAY-RAIL GRADE CROSSING SAFETY 
‘‘Sec. 
‘‘22501. Financial assistance to States for certain projects. 
‘‘22502. Distribution. 
‘‘22503. Standards for awarding grants. 
‘‘22504. Use of funds. 
‘‘22505. Authorization of appropriations. 
‘‘§ 22501. Financial assistance to States for certain projects 
‘‘The Secretary of Transportation shall make grants— 
49 USC 22501 
note. 
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122 STAT. 4874 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(1) to a maximum of 3 States per year for development 
or continuance of enhanced public education and awareness 
activities, in combination with targeted law enforcement, to 
significantly reduce violations of traffic laws at highway-rail 
grade crossings and to help prevent and reduce injuries and 
fatalities along railroad rights-of-way; and 
‘‘(2) to provide for priority highway-rail grade crossing 
safety improvements, including the installation, repair, or 
improvement of— 
‘‘(A) railroad crossing signals, gates, and related tech-
nologies, including median barriers and four quadrant 
gates; 
‘‘(B) highway traffic signalization, including highway 
signals tied to railroad signal systems; 
‘‘(C) highway lighting and crossing approach signage; 
‘‘(D) 
roadway 
improvements, 
including 
railroad 
crossing panels and surfaces; and 
‘‘(E) related work to mitigate dangerous conditions. 
‘‘§ 22502. Distribution 
‘‘The Secretary shall provide the grants to the State agency 
or agencies responsible for highway-rail grade crossing safety. 
‘‘§ 22503. Standards for awarding grants 
‘‘(a) SECTION 22501(1) GRANTS.—The Secretary shall provide 
grants under section 22501(1) based upon the merits of the proposed 
program of activities provided by the State and upon a determina-
tion of where the grants will provide the greatest safety benefits. 
The Secretary may give priority to States that have developed 
and implemented a State grade crossing action plan, as described 
under section 202 of the Rail Safety Improvement Act of 2008. 
‘‘(b) SECTION 22501(2) GRANTS.—The Secretary shall provide 
grants to State and local governments under section 22501(2) to 
provide priority grade crossing safety improvements on an expedited 
basis at a location where there has been a highway-rail grade 
crossing collision within the previous two years involving major 
loss of life or multiple serious bodily injuries. 
‘‘§ 22504. Use of funds 
‘‘(a) IN GENERAL.—Any State receiving a grant under section 
22501(1) shall use the funds to develop, implement, and continue 
to measure the effectiveness of a dedicated program of public edu-
cation and enforcement of highway-rail crossing safety laws and 
to prevent casualties along railroad rights-of-way. The Secretary 
may not make a grant under this chapter available to assist a 
State or political subdivision thereof in establishing or continuing 
a quiet zone pursuant to part 222 of title 49, Code of Federal 
Regulations. 
‘‘(b) MAXIMUM GRANT AMOUNT UNDER SECTION 22501(2).—No 
grant awarded under section 22501(2) may exceed $250,000. 
‘‘§ 22505. Authorization of appropriations 
‘‘There are authorized to be appropriated to the Secretary 
$1,500,000 for each of fiscal years 2010 through 2013 to carry 
out the provisions of section 22501(1) of this chapter. There are 
authorized to be appropriated to the Secretary $1,500,000 for each 
of fiscal years 2010 through 2013 to carry out the provisions of 
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122 STAT. 4875 
PUBLIC LAW 110–432—OCT. 16, 2008 
section 22501(2) of this chapter. Amounts appropriated pursuant 
to this section shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The subtitle analysis for sub-
title V is amended by inserting after the item relating to chapter 
223 the following: 
‘‘225. Federal grants to States for highway-rail grade crossing safety ..............22501’’. 
SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE 
CROSSING SAFETY. 
(a) TRESPASSER
PREVENTION
AND
HIGHWAY-RAIL
GRADE 
CROSSING WARNING SIGN VIOLATIONS.—Section 20151 is amended— 
(1) by striking the section heading and inserting the fol-
lowing: 
‘‘§ 20151. Railroad trespassing, vandalism, and highway-rail 
grade crossing warning sign violation prevention 
strategy’’; 
(2) by striking subsection (a) and inserting the following: 
‘‘(a) EVALUATION
OF EXISTING LAWS.—In consultation with 
affected parties, the Secretary of Transportation shall evaluate and 
review current local, State, and Federal laws regarding trespassing 
on railroad property, vandalism affecting railroad safety, and viola-
tions of highway-rail grade crossing signs, signals, markings, or 
other warning devices and develop model prevention strategies 
and enforcement laws to be used for the consideration of State 
and local legislatures and governmental entities. The first such 
evaluation and review shall be completed within 1 year after the 
date of enactment of the Rail Safety Improvement Act of 2008. 
The Secretary shall revise the model prevention strategies and 
enforcement codes periodically.’’; 
(3) by inserting ‘‘FOR TRESPASSING AND VANDALISM PREVEN-
TION’’ in the subsection heading of subsection (b) after ‘‘OUT-
REACH PROGRAM’’; 
(4) in subsection (c)— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEGISLATION.— 
’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(2) Not later than 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, the Secretary, after 
consultation with State and local governments and railroad carriers, 
shall develop and make available to State and local governments 
model State legislation providing for civil or criminal penalties, 
or both, for violations of highway-rail grade crossing signs, signals, 
markings, or other warning devices.’’; and 
(5) by adding at the end the following new subsection: 
‘‘(d) DEFINITION.—In this section, the term ‘violation of high-
way-rail grade crossing signs, signals, markings, or other warning 
devices’ includes any action by a motorist, unless directed by an 
authorized safety officer— 
‘‘(1) to drive around a grade crossing gate in a position 
intended to block passage over railroad tracks; 
‘‘(2) to drive through a flashing grade crossing signal; 
‘‘(3) to drive through a grade crossing with passive warning 
signs without ensuring that the grade crossing could be safely 
crossed before any train arrived; and 
Deadline. 
Deadline. 
49 USC 20151. 
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122 STAT. 4876 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(4) in the vicinity of a grade crossing, who creates a 
hazard of an accident involving injury or property damage 
at the grade crossing.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201 is amended by striking the item relating to section 
20151 and inserting the following: 
‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning 
sign violation prevention strategy.’’. 
(c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS FOR DISTRIBU-
TION.—Section 20134(a) is amended by adding at the end the fol-
lowing: ‘‘The Secretary may purchase items of nominal value and 
distribute them to the public without charge as part of an edu-
cational or awareness program to accomplish the purposes of this 
section and of any other sections of this title related to improving 
the safety of highway-rail crossings and to preventing trespass 
on railroad rights of way, and the Secretary shall prescribe guide-
lines for the administration of this authority.’’. 
SEC. 209. ACCIDENT AND INCIDENT REPORTING. 
The Federal Railroad Administration shall conduct an audit 
of each Class I railroad at least once every 2 years and conduct 
an audit of each non-Class I railroad at least once every 5 years 
to ensure that all grade crossing collisions and fatalities are 
reported to any Federal national accident database. 
SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO 
IMPROVE SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as amended 
by section 204 of this division, is further amended by adding at 
the end the following: 
‘‘§ 20161. Fostering introduction of new technology to 
improve safety at highway-rail grade crossings 
‘‘(a) FINDINGS.— 
‘‘(1) Collisions between highway users and trains at high-
way-rail grade crossings continue to cause an unacceptable 
loss of life, serious personal injury, and property damage. 
‘‘(2) While elimination of at-grade crossings through consoli-
dation of crossings and grade separations offers the greatest 
long-term promise for optimizing the safety and efficiency of 
the two modes of transportation, over 140,000 public grade 
crossings remain on the general rail system—approximately 
one for each route mile on the general rail system. 
‘‘(3) Conventional highway traffic control devices such as 
flashing lights and gates are often effective in warning motor-
ists of a train’s approach to an equipped crossing. 
‘‘(4) Since enactment of the Highway Safety Act of 1973, 
over $4,200,000,000 of Federal funding has been invested in 
safety improvements at highway-rail grade crossings, yet a 
majority of public highway-rail grade crossings are not yet 
equipped with active warning systems. 
‘‘(5) The emergence of new technologies presents opportuni-
ties for more effective and affordable warnings and safer pas-
sage of highway users and trains at remaining highway-rail 
grade crossings. 
Audits. 
49 USC 20901 
note. 
Guidelines. 
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122 STAT. 4877 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(6) Implementation of new crossing safety technology will 
require extensive cooperation between highway authorities and 
railroad carriers. 
‘‘(7) Federal Railroad Administration regulations estab-
lishing performance standards for processor-based signal and 
train control systems provide a suitable framework for qualifica-
tion of new or novel technology at highway-rail grade crossings, 
and the Federal Highway Administration’s Manual on Uniform 
Traffic Control Devices provides an appropriate means of deter-
mining highway user interface with such new technology. 
‘‘(b) POLICY.—It is the policy of the United States to encourage 
the development of new technology that can prevent loss of life 
and injuries at highway-rail grade crossings. The Secretary of 
Transportation is designated to carry out this policy in consultation 
with States and necessary public and private entities. 
‘‘(c) SUBMISSION OF NEW TECHNOLOGY PROPOSALS.—Railroad 
carriers and railroad suppliers may submit for review and approval 
to the Secretary such new technology designed to improve safety 
at highway-rail grade crossings. The Secretary shall approve by 
order the new technology designed to improve safety at highway- 
rail grade crossings in accordance with Federal Railroad Adminis-
tration standards for the development and use of processor-based 
signal and train control systems and shall consider the effects 
on safety of highway-user interface with the new technology. 
‘‘(d) EFFECT
OF SECRETARIAL APPROVAL.—If the Secretary 
approves by order new technology to provide warning to highway 
users at a highway-rail grade crossing and such technology is 
installed at a highway-rail grade crossing in accordance with the 
conditions of the approval, this determination preempts any State 
statute or regulation concerning the adequacy of the technology 
in providing warning at the crossing.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 204 of this division, is further 
amended by inserting after the item relating to section 20160, 
the following: 
‘‘20161. Fostering introduction of new technology to improve safety at highway-rail 
grade crossings.’’. 
TITLE III—FEDERAL RAILROAD 
ADMINISTRATION 
SEC. 301. HUMAN CAPITAL INCREASES. 
(a) IN GENERAL.—The Secretary shall increase the number 
of Federal Railroad Administration employees by— 
(1) 50 employees in fiscal year 2009; 
(2) 50 employees in fiscal year 2010; 
(3) 50 employees in fiscal year 2011; 
(4) 25 employees in fiscal year 2012; and 
(5) 25 employees in fiscal year 2013. 
(b) FUNCTIONS.—In increasing the number of employees pursu-
ant to subsection (a), the Secretary shall focus on hiring 
employees— 
(1) specifically trained to conduct on-site railroad and high-
way-rail grade crossing accident investigations; 
(2) to implement the Railroad Safety Strategy; 
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122 STAT. 4878 
PUBLIC LAW 110–432—OCT. 16, 2008 
(3) to administer and implement section 20156 of title 
49, United States Code, relating to the Railroad Safety Risk 
Reduction Program; 
(4) to conduct routine inspections and audits of railroad 
and hazardous materials facilities and records for compliance 
with railroad safety laws and regulations; 
(5) to inspect railroad bridges, tunnels, and related infra-
structure, and to review or analyze railroad bridge, tunnel, 
and related infrastructure inspection reports; 
(6) to prevent or respond to natural or manmade emergency 
situations or events involving rail infrastructure or employees; 
(7) to implement section 20157 of title 49, United States 
Code, relating to positive train control systems; 
(8) to implement section 20164 of title 49, United States 
Code, relating to the development and use of rail safety tech-
nology; and 
(9) to support the Federal Railroad Administration’s safety 
mission. 
SEC. 302. CIVIL PENALTY INCREASES. 
(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 21301(a)(2) 
is amended— 
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and 
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’. 
(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER 201; VIO-
LATIONS OF CHAPTERS 203 THROUGH 209.—Section 21302(a)(2) is 
amended— 
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and 
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’. 
(c) VIOLATIONS
OF
CHAPTER
211.—Section 21303(a)(2) is 
amended— 
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and 
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’. 
SEC. 303. ENFORCEMENT REPORT. 
(a) IN GENERAL.—Subchapter I of chapter 201, as amended 
by section 109 of this division, is amended by adding at the end 
the following: 
‘‘§ 20120. Enforcement report 
‘‘(a) IN GENERAL.—Beginning not later than December 31, 2009, 
the Secretary of Transportation shall make available to the public 
and publish on its public website an annual report that— 
‘‘(1) provides a summary of railroad safety and hazardous 
materials compliance inspections and audits that Federal or 
State inspectors conducted in the prior fiscal year organized 
by type of alleged violation, including track, motive power and 
equipment, signal, grade crossing, operating practices, accident 
and incidence reporting, and hazardous materials; 
‘‘(2) provides a summary of all enforcement actions taken 
by the Secretary or the Federal Railroad Administration during 
the prior fiscal year, including— 
‘‘(A) the number of civil penalties assessed; 
‘‘(B) the initial amount of civil penalties assessed; 
‘‘(C) the number of civil penalty cases settled; 
‘‘(D) the final amount of civil penalties assessed; 
‘‘(E) the difference between the initial and final 
amounts of civil penalties assessed; 
Effective date. 
Public 
information. 
Web site. 
49 USC 21301. 
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122 STAT. 4879 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(F) the number of administrative hearings requested 
and completed related to hazardous materials transpor-
tation law violations or enforcement actions against individ-
uals; 
‘‘(G) the number of cases referred to the Attorney Gen-
eral for civil or criminal prosecution; 
‘‘(H) the number and subject matter of all compliance 
orders, emergency orders, or precursor agreements; 
‘‘(3) analyzes the effect of the number of inspections con-
ducted and enforcement actions taken on the number and rate 
of reported accidents and incidents and railroad safety; 
‘‘(4) provide the information required by paragraphs (2) 
and (3)— 
‘‘(A) for each Class I railroad individually; and 
‘‘(B) in the aggregate for— 
‘‘(i) Class II railroads; 
‘‘(ii) Class III railroads; 
‘‘(iii) hazardous materials shippers; and 
‘‘(iv) individuals; 
‘‘(5) identifies the number of locomotive engineer certifi-
cation denial or revocation cases appealed to and the average 
length of time it took to be decided by— 
‘‘(A) the Locomotive Engineer Review Board; 
‘‘(B) an Administrative Hearing Officer or Administra-
tive Law Judge; or 
‘‘(C) the Administrator of the Federal Railroad 
Administration; 
‘‘(6) provides an explanation regarding any changes in the 
Secretary’s or the Federal Railroad Administration’s enforce-
ment programs or policies that may substantially affect the 
information reported; and 
‘‘(7) includes any additional information that the Secretary 
determines is useful to improve the transparency of its enforce-
ment program.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 109 of this division, is amended 
by inserting after the item relating to section 20119 the following: 
‘‘20120. Enforcement report.’’. 
SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY. 
Section 20104(a)(1) is amended by striking ‘‘death or personal 
injury’’ and inserting ‘‘death, personal injury, or significant harm 
to the environment’’. 
SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY- 
SENSITIVE FUNCTIONS FOR A VIOLATION OF HAZARDOUS 
MATERIALS TRANSPORTATION LAW. 
Section 20111(c) is amended to read as follows: 
‘‘(c) ORDERS
PROHIBITING
INDIVIDUALS
FROM
PERFORMING 
SAFETY-SENSITIVE FUNCTIONS.— 
‘‘(1) If an individual’s violation of this part, chapter 51 
of this title, or a regulation prescribed, or an order issued, 
by the Secretary under this part or chapter 51 of this title 
is shown to make that individual unfit for the performance 
of safety-sensitive functions, the Secretary, after providing 
notice and an opportunity for a hearing, may issue an order 
prohibiting the individual from performing safety-sensitive 
Notice. 
49 USC 20104. 
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122 STAT. 4880 
PUBLIC LAW 110–432—OCT. 16, 2008 
functions in the railroad industry for a specified period of 
time or until specified conditions are met. 
‘‘(2) This subsection does not affect the Secretary’s authority 
under section 20104 of this title to act on an emergency basis.’’. 
SEC. 306. RAILROAD RADIO MONITORING AUTHORITY. 
Section 20107 is amended by inserting at the end the following: 
‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 
‘‘(1) IN GENERAL.—To carry out the Secretary’s responsibil-
ities under this part and under chapter 51, the Secretary may 
authorize officers, employees, or agents of the Secretary to 
conduct, with or without making their presence known, the 
following activities in circumstances the Secretary finds to be 
reasonable: 
‘‘(A) Intercepting a radio communication, with or with-
out the consent of the sender or other receivers of the 
communication, but only where such communication is 
broadcast or transmitted over a radio frequency which is— 
‘‘(i) authorized for use by one or more railroad 
carriers by the Federal Communications Commission; 
and 
‘‘(ii) primarily used by such railroad carriers for 
communications in connection with railroad operations. 
‘‘(B) Communicating the existence, contents, substance, 
purport, effect, or meaning of the communication, subject 
to the restrictions in paragraph (3). 
‘‘(C) Receiving or assisting in receiving the communica-
tion (or any information therein contained). 
‘‘(D) Disclosing the contents, substance, purport, effect, 
or meaning of the communication (or any part thereof 
of such communication) or using the communication (or 
any information contained therein), subject to the restric-
tions in paragraph (3), after having received the commu-
nication or acquired knowledge of the contents, substance, 
purport, effect, or meaning of the communication (or any 
part thereof). 
‘‘(E) Recording the communication by any means, 
including writing and tape recording. 
‘‘(2) ACCIDENT AND INCIDENT PREVENTION AND INVESTIGA-
TION.—The Secretary, and officers, employees, and agents of 
the Department of Transportation authorized by the Secretary, 
may engage in the activities authorized by paragraph (1) for 
the purpose of accident and incident prevention and investiga-
tion. 
‘‘(3) USE
OF
INFORMATION.—(A) Information obtained 
through activities authorized by paragraphs (1) and (2) shall 
not be admitted into evidence in any administrative or judicial 
proceeding except— 
‘‘(i) in a prosecution of a felony under Federal or State 
criminal law; or 
‘‘(ii) to impeach evidence offered by a party other than 
the Federal Government regarding the existence, electronic 
characteristics, 
content, 
substance, 
purport, 
effect, 
meaning, or timing of, or identity of parties to, a commu-
nication intercepted pursuant to paragraphs (1) and (2) 
in proceedings pursuant to section 5122, 5123, 20702(b), 
20111, 20112, 20113, or 20114 of this title. 
49 USC 20107. 
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122 STAT. 4881 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(B) If information obtained through activities set forth 
in paragraphs (1) and (2) is admitted into evidence for impeach-
ment purposes in accordance with subparagraph (A), the court, 
administrative law judge, or other officer before whom the 
proceeding is conducted may make such protective orders 
regarding the confidentiality or use of the information as may 
be appropriate in the circumstances to protect privacy and 
administer justice. 
‘‘(C) No evidence shall be excluded in an administrative 
or judicial proceeding solely because the government would 
not have learned of the existence of or obtained such evidence 
but for the interception of information that is not admissible 
in such proceeding under subparagraph (A). 
‘‘(D) Information obtained through activities set forth in 
paragraphs (1) and (2) shall not be subject to publication or 
disclosure, or search or review in connection therewith, under 
section 552 of title 5. 
‘‘(E) Nothing in this subsection shall be construed to impair 
or otherwise affect the authority of the United States to inter-
cept a communication, and collect, retain, analyze, use, and 
disseminate the information obtained thereby, under a provi-
sion of law other than this subsection. 
‘‘(4) APPLICATION WITH OTHER LAW.—Section 705 of the 
Communications Act of 1934 (47 U.S.C. 605) and chapter 119 
of title 18 shall not apply to conduct authorized by and pursuant 
to this subsection.’’. 
SEC. 
307. 
UPDATE 
OF 
FEDERAL 
RAILROAD 
ADMINISTRATION’S 
WEBSITE. 
(a) IN GENERAL.—The Secretary shall update the Federal Rail-
road Administration’s public website to better facilitate the ability 
of the public, including those individuals who are not regular users 
of the public website, to find current information regarding the 
Federal Railroad Administration’s activities. 
(b) PUBLIC REPORTING OF VIOLATIONS.—On the Federal Rail-
road Administration’s public website’s home page, the Secretary 
shall provide a mechanism for the public to submit written reports 
of potential violations of Federal railroad safety and hazardous 
materials transportation laws, regulations, and orders to the Fed-
eral Railroad Administration. 
SEC. 308. EMERGENCY WAIVERS. 
Section 20103 is amended— 
(1) by striking ‘‘WAIVERS.—’’ in subsection (d) and inserting 
‘‘NONEMERGENCY WAIVERS.—’’; 
(2) by striking subsection (e) and inserting the following: 
‘‘(e) HEARINGS.—The Secretary shall conduct a hearing as pro-
vided by section 553 of title 5 when prescribing a regulation or 
issuing an order under this part, including a regulation or order 
establishing, amending, or providing a waiver, described in sub-
section (d), of compliance with a railroad safety regulation pre-
scribed or order issued under this part. An opportunity for an 
oral presentation shall be provided.’’; and 
(3) by adding at the end thereof the following: 
‘‘(g) EMERGENCY WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary may waive compliance 
with any part of a regulation prescribed or order issued under 
49 USC 20103. 
49 USC 103 note. 
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122 STAT. 4882 
PUBLIC LAW 110–432—OCT. 16, 2008 
this part without prior notice and comment if the Secretary 
determines that— 
‘‘(A) it is in the public interest to grant the waiver; 
‘‘(B) the waiver is not inconsistent with railroad safety; 
and 
‘‘(C) the waiver is necessary to address an actual or 
impending emergency situation or emergency event. 
‘‘(2) PERIOD OF WAIVER.—A waiver under this subsection 
may be issued for a period of not more than 60 days and 
may be renewed upon application to the Secretary only after 
notice and an opportunity for a hearing on the waiver. The 
Secretary shall immediately revoke the waiver if continuation 
of the waiver would not be consistent with the goals and objec-
tives of this part. 
‘‘(3) STATEMENT OF REASONS.—The Secretary shall state 
in the decision issued under this subsection the reasons for 
granting the waiver. 
‘‘(4) CONSULTATION.—In granting a waiver under this sub-
section, the Secretary shall consult and coordinate with other 
Federal agencies, as appropriate, for matters that may impact 
such agencies. 
‘‘(5) EMERGENCY SITUATION; EMERGENCY EVENT.—In this 
subsection, the terms ‘emergency situation’ and ‘emergency 
event’ mean a natural or manmade disaster, such as a hurri-
cane, flood, earthquake, mudslide, forest fire, snowstorm, ter-
rorist act, biological outbreak, release of a dangerous radio-
logical, chemical, explosive, or biological material, or a war- 
related activity, that poses a risk of death, serious illness, 
severe injury, or substantial property damage. The disaster 
may be local, regional, or national in scope.’’. 
SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL. 
Section 20112(a) is amended— 
(1) by inserting ‘‘this part, except for section 20109 of 
this title, or’’ in paragraph (1) after ‘‘enforce,’’; 
(2) by striking ‘‘21301’’ in paragraph (2) and inserting 
‘‘21301, 21302, or 21303’’; 
(3) by striking ‘‘subpena’’ in paragraph (3) and inserting 
‘‘subpoena, request for admissions, request for production of 
documents or other tangible things, or request for testimony 
by deposition’’; and 
(4) by striking ‘‘chapter.’’ in paragraph (3) and inserting 
‘‘part.’’. 
SEC. 310. CRIMINAL PENALTIES. 
Section 21311(b) is amended to read as follows: 
‘‘(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not 
filing a report in violation of section 20901 of this title shall be 
fined not more than $2,500. A separate violation occurs for each 
day the violation continues.’’. 
49 USC 20112. 
Notice. 
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122 STAT. 4883 
PUBLIC LAW 110–432—OCT. 16, 2008 
TITLE IV—RAILROAD SAFETY 
ENHANCEMENTS 
SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as amended 
by section 210 of this division, is further amended by adding at 
the end the following new section: 
‘‘§ 20162. Minimum training standards and plans 
‘‘(a) IN GENERAL.—The Secretary of Transportation shall, not 
later than 1 year after the date of enactment of the Rail Safety 
Improvement Act of 2008, establish— 
‘‘(1) minimum training standards for each class and craft 
of safety-related railroad employee (as defined in section 20102) 
and equivalent railroad carrier contractor and subcontractor 
employees, which shall require railroad carriers, contractors, 
and subcontractors to qualify or otherwise document the pro-
ficiency of such employees in each such class and craft 
regarding their knowledge of, and ability to comply with, Fed-
eral railroad safety laws and regulations and railroad carrier 
rules and procedures promulgated to implement those Federal 
railroad safety laws and regulations; 
‘‘(2) a requirement that railroad carriers, contractors, and 
subcontractors develop and submit training and qualification 
plans to the Secretary for approval, including training programs 
and information deemed necessary by the Secretary to ensure 
that all safety-related railroad employees receive appropriate 
training in a timely manner; and 
‘‘(3) a minimum training curriculum, and ongoing training 
criteria, testing, and skills evaluation measures to ensure that 
safety-related railroad employees, and contractor and subcon-
tractor employees, charged with the inspection of track or rail-
road equipment are qualified to assess railroad compliance 
with Federal standards to identify defective conditions and 
initiate immediate remedial action to correct critical safety 
defects that are known to contribute to derailments, accidents, 
incidents, or injuries, and, in implementing the requirements 
of this paragraph, take into consideration existing training 
programs of railroad carriers. 
‘‘(b) APPROVAL.—The Secretary shall review and approve the 
plans required under subsection (a)(2) utilizing an approval process 
required for programs to certify the qualification of locomotive engi-
neers pursuant to part 240 of title 49, Code of Federal Regulations. 
‘‘(c) EXEMPTION.—The Secretary may exempt railroad carriers 
and railroad carrier contractors and subcontractors from submitting 
training plans for which the Secretary has issued training regula-
tions before the date of enactment of the Rail Safety Improvement 
Act of 2008.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 210 of this division, is amended 
by inserting after the item relating to section 20161 the following: 
‘‘20162. Minimum training standards and plans.’’. 
Requirements. 
Deadline. 
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122 STAT. 4884 
PUBLIC LAW 110–432—OCT. 16, 2008 
SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF 
EMPLOYEES. 
(a) AMENDMENT.—Subchapter II of chapter 201, as amended 
by section 401 of this division, is further amended by adding at 
the end the following new section: 
‘‘§ 20163. Certification of train conductors 
‘‘(a) REGULATIONS.—Not later than 18 months after the date 
of enactment of the Rail Safety Improvement Act of 2008, the 
Secretary of Transportation shall prescribe regulations to establish 
a program requiring the certification of train conductors. In pre-
scribing such regulations, the Secretary shall require that train 
conductors be trained, in accordance with the training standards 
developed pursuant to section 20162. 
‘‘(b) PROGRAM REQUIREMENTS.—In developing the regulations 
required by subsection (a), the Secretary may consider the require-
ments of section 20135(b) through (e).’’. 
(b) REPORT.—Not later than 6 months after promulgating regu-
lations under section 20162 of title 49, United States Code, the 
Secretary shall issue a report to the Senate Committee on Com-
merce, Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure about 
whether the certification of certain crafts or classes of railroad 
carrier or railroad carrier contractor or subcontractor employees 
is necessary to reduce the number and rate of accidents and 
incidents or to improve railroad safety. 
(c) CRAFTS AND CLASSES TO BE CONSIDERED.—As part of the 
report, the Secretary shall consider— 
(1) car repair and maintenance employees; 
(2) onboard service workers; 
(3) rail welders; 
(4) dispatchers; 
(5) signal repair and maintenance employees; and 
(6) any other craft or class of employees that the Secretary 
determines appropriate. 
(d) REGULATIONS.—The Secretary may prescribe regulations 
requiring the certification of certain crafts or classes of employees 
that the Secretary determines pursuant to the report required by 
paragraph (1) are necessary to reduce the number and rate of 
accidents and incidents or to improve railroad safety. 
(e) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 401 of this division, is amended 
by inserting after the item relating to section 20162 the following: 
‘‘20163. Certification of train conductors.’’. 
SEC. 403. TRACK INSPECTION TIME STUDY. 
(a) STUDY.—Not later that 2 years after the date of enactment 
of this Act, the Secretary 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 report containing the results of a study to determine 
whether— 
(1) the required intervals of track inspections for each 
class of track should be amended; 
(2) track remedial action requirements should be amended; 
(3) different track inspection and repair priorities or 
methods should be required; and 
Deadlines. 
Reports. 
49 USC 20142 
note. 
49 USC 20162 
note. 
49 USC 20162 
note. 
Deadline. 
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122 STAT. 4885 
PUBLIC LAW 110–432—OCT. 16, 2008 
(4) the speed at which railroad track inspection vehicles 
operate and the scope of the territory they generally cover 
allow for proper inspection of the track and whether such 
speed and appropriate scope should be regulated by the Sec-
retary. 
(b) CONSIDERATIONS.—In conducting the study the Secretary 
shall consider— 
(1) the most current rail flaw, rail defect growth, rail 
fatigue, and other relevant track- or rail-related research and 
studies; 
(2) the availability and feasibility of developing and imple-
menting new or novel rail inspection technology for routine 
track inspections; 
(3) information from National Transportation Safety Board 
or Federal Railroad Administration accident investigations 
where track defects were the cause or a contributing cause; 
and 
(4) other relevant information, as determined by the Sec-
retary. 
(c) UPDATE OF REGULATIONS.—Not later than 2 years after 
the completion of the study required by subsection (a), the Secretary 
shall prescribe regulations based on the results of the study con-
ducted under subsection (a). 
(d) CONCRETE CROSS TIES.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall promulgate 
regulations for concrete cross ties. In developing the regulations 
for class 1 through 5 track, the Secretary may address, as appro-
priate— 
(1) limits for rail seat abrasion; 
(2) concrete cross tie pad wear limits; 
(3) missing or broken rail fasteners; 
(4) loss of appropriate toeload pressure; 
(5) improper fastener configurations; and 
(6) excessive lateral rail movement. 
SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION 
PLATFORM GAPS. 
Not later than 2 years after the enactment of this Act, the 
Secretary shall complete a study to determine the most safe, effi-
cient, and cost-effective way to improve the safety of rail passenger 
station platforms gaps in order to increase compliance with the 
requirements under the Americans with Disabilities Act (42 U.S.C. 
12101 et seq.), including regulations issued pursuant to section 
504 of such Act (42 U.S.C. 12204) and to minimize the safety 
risks associated with such gaps for railroad passengers and 
employees. 
SEC. 405. LOCOMOTIVE CAB STUDIES. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary, through the Railroad Safety 
Advisory Committee if the Secretary makes such a request, shall 
complete a study on the safety impact of the use of personal elec-
tronic devices, including cell phones, video games, and other dis-
tracting devices, by safety-related railroad employees (as defined 
in section 20102(4) of title 49, United States Code), during the 
performance of such employees’ duties. The study shall consider 
the prevalence of the use of such devices. 
Deadline. 
49 USC 20103 
note. 
Deadline. 
Regulations. 
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122 STAT. 4886 
PUBLIC LAW 110–432—OCT. 16, 2008 
(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary may also 
study other elements of the locomotive cab environment and their 
effect on an employee’s health and safety. 
(c) REPORT.—Not later than 6 months after the completion 
of any study under this section, the Secretary shall issue a report 
on the study to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure. 
(d) AUTHORITY.—Based on the conclusions of the study required 
under (a), the Secretary of Transportation may prohibit the use 
of personal electronic devices, such as cell phones, video games, 
or other electronic devices that may distract employees from safely 
performing their duties, unless those devices are being used 
according to railroad operating rules or for other work purposes. 
Based on the conclusions of other studies conducted under sub-
section (b), the Secretary may prescribe regulations to improve 
elements of the cab environment to protect an employee’s health 
and safety. 
SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 402 of this division, is further amended by adding at 
the end the following new section: 
‘‘§ 20164. Development and use of rail safety technology 
‘‘(a) IN GENERAL.—Not later than 1 year after enactment of 
the Railroad Safety Enhancement Act of 2008, the Secretary of 
Transportation shall prescribe standards, guidance, regulations, or 
orders governing the development, use, and implementation of rail 
safety technology in dark territory, in arrangements not defined 
in section 20501 or otherwise not covered by Federal standards, 
guidance, regulations, or orders that ensure the safe operation 
of such technology, such as— 
‘‘(1) switch position monitoring devices or indicators; 
‘‘(2) radio, remote control, or other power-assisted switches; 
‘‘(3) hot box, high water, or earthquake detectors; 
‘‘(4) remote control locomotive zone limiting devices; 
‘‘(5) slide fences; 
‘‘(6) grade crossing video monitors; 
‘‘(7) track integrity warning systems; or 
‘‘(8) other similar rail safety technologies, as determined 
by the Secretary. 
‘‘(b) DARK TERRITORY DEFINED.—In this section, the term ‘dark 
territory’ means any territory in a railroad system that does not 
have a signal or train control system installed or operational.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 402 of this division, is amended 
by inserting after the item relating to section 20163 the following: 
‘‘20164. Development and use of rail safety technology.’’. 
SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS. 
Section 20102(3), as redesignated by section 2(b) of this division, 
is amended to read as follows: 
‘‘(3) ‘railroad carrier’ means a person providing railroad 
transportation, except that, upon petition by a group of com-
monly controlled railroad carriers that the Secretary determines 
is operating within the United States as a single, integrated 
49 USC 20102. 
Deadline. 
Standards. 
Guidance. 
Regulations. 
Orders. 
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122 STAT. 4887 
PUBLIC LAW 110–432—OCT. 16, 2008 
rail system, the Secretary may by order treat the group of 
railroad carriers as a single railroad carrier for purposes of 
one or more provisions of part A, subtitle V of this title and 
implementing regulations and order, subject to any appropriate 
conditions that the Secretary may impose.’’. 
SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a study of the impacts of repealing 
section 711 of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 797j). Not later than 6 months after completing the study, 
the Secretary shall transmit a report with the Secretary’s findings, 
conclusions, and recommendations to the Senate Committee on 
Commerce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastructure. 
SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG 
TESTING BY RAILROAD CARRIERS. 
(a) IN GENERAL.—Chapter 201, as amended by section 406 
of this division, is further amended by adding at the end the 
following: 
‘‘§ 20165. Limitations on non-Federal alcohol and drug testing 
‘‘(a) TESTING REQUIREMENTS.—Any non-Federal alcohol and 
drug testing program of a railroad carrier must provide that all 
post-employment tests of the specimens of employees who are sub-
ject to both the program and chapter 211 of this title be conducted 
using a scientifically recognized method of testing capable of deter-
mining the presence of the specific analyte at a level above the 
cut-off level established by the carrier. 
‘‘(b) REDRESS PROCESS.—Each railroad carrier that has a non- 
Federal alcohol and drug testing program must provide a redress 
process to its employees who are subject to both the alcohol and 
drug testing program and chapter 211 of this title for such an 
employee to petition for and receive a carrier hearing to review 
his or her specimen test results that were determined to be in 
violation of the program. A dispute or grievance raised by a railroad 
carrier or its employee, except a probationary employee, in connec-
tion with the carrier’s alcohol and drug testing program and the 
application of this section is subject to resolution under section 
3 of the Railway Labor Act (45 U.S.C. 153).’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 406 of this division, is further 
amended by inserting after the item relating to section 20164 the 
following: 
‘‘20165. Limitations on non-Federal alcohol and drug testing by railroad carriers.’’. 
SEC. 410. CRITICAL INCIDENT STRESS PLAN. 
(a) IN GENERAL.—The Secretary of Transportation, in consulta-
tion with the Secretary of Labor and the Secretary of Health and 
Human Services, as appropriate, shall require each Class I railroad 
carrier, each intercity passenger railroad carrier, and each com-
muter railroad carrier to develop and submit for approval to the 
Secretary a critical incident stress plan that provides for debriefing, 
counseling, guidance, and other appropriate support services to 
be offered to an employee affected by a critical incident. 
49 USC 20109 
note. 
Reports. 
Deadlines. 
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122 STAT. 4888 
PUBLIC LAW 110–432—OCT. 16, 2008 
(b) PLAN REQUIREMENTS.—Each such plan shall include provi-
sions for— 
(1) relieving an employee who was involved in a critical 
incident of his or her duties for the balance of the duty tour, 
following any actions necessary for the safety of persons and 
contemporaneous documentation of the incident; 
(2) upon the employee’s request, relieving an employee 
who witnessed a critical incident of his or her duties following 
any actions necessary for the safety of persons and contempora-
neous documentation of the incident; and 
(3) providing such leave from normal duties as may be 
necessary and reasonable to receive preventive services, treat-
ment, or both, related to the incident. 
(c) SECRETARY TO DEFINE WHAT CONSTITUTES A CRITICAL 
INCIDENT.—Within 30 days after the date of enactment of this 
Act, the Secretary shall initiate a rulemaking proceeding to define 
the term ‘‘critical incident’’ for the purposes of this section. 
SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION 
STUDY. 
(a) STUDY.—The Secretary of Transportation shall, in consulta-
tion with the Secretary of Energy, the Secretary of Labor, the 
Administrator of the Environmental Protection Agency, and the 
Chairman of the Nuclear Regulatory Commission, as appropriate, 
conduct a study of the potential hazards to which employees of 
railroad carriers and railroad contractors or subcontractors are 
exposed during the transportation of high-level radioactive waste 
and spent nuclear fuel (as defined in section 5101(a) of title 49, 
United States Code), supplementing the report submitted under 
section 5101(b) of that title, which may include— 
(1) an analysis of the potential application of ‘‘as low as 
reasonably achievable’’ principles for exposure to radiation to 
such employees with an emphasis on the need for special protec-
tion from radiation exposure for such employees during the 
first trimester of pregnancy or who are undergoing or have 
recently undergone radiation therapy; 
(2) the feasibility of requiring real-time dosimetry moni-
toring for such employees; 
(3) the feasibility of requiring routine radiation exposure 
monitoring in fixed railroad locations, such as yards and repair 
facilities; and 
(4) a review of the effectiveness of the Department’s pack-
aging requirements for radioactive materials. 
(b) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary of Transportation shall transmit 
a report on the results of the study required by subsection (a) 
and any recommendations to further protect employees of a railroad 
carrier or of a contractor or subcontractor to a railroad carrier 
from unsafe exposure to radiation during the transportation of 
high-level radioactive waste and spent nuclear fuel to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infra-
structure. 
(c) REGULATORY AUTHORITY.—The Secretary of Transportation 
may issue regulations that the Secretary determines appropriate, 
pursuant to the report required by subsection (b), to protect railroad 
49 USC 5103 
note. 
Deadline. 
Regulations. 
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122 STAT. 4889 
PUBLIC LAW 110–432—OCT. 16, 2008 
employees from unsafe exposure to radiation during the transpor-
tation of radioactive materials. 
SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR 
MAINTENANCE-OF-WAY EMPLOYEES. 
Not later than 2 years following the date of enactment of 
this Act, the Secretary of Transportation shall complete a rule-
making proceeding to revise the regulations prescribed under sec-
tion 20140 of title 49, United States Code, to cover all employees 
of railroad carriers and contractors or subcontractors to railroad 
carriers who perform maintenance-of-way activities. 
SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as amended 
by section 409 of this division, is further amended by adding at 
the end the following new section: 
‘‘§ 20166. Emergency escape breathing apparatus 
‘‘Not later than 18 months after the date of enactment of 
the Rail Safety Improvement Act of 2008, the Secretary of Transpor-
tation shall prescribe regulations that require railroad carriers— 
‘‘(1) to provide emergency escape breathing apparatus suit-
able to provide head and neck coverage with respiratory protec-
tion for all crewmembers in locomotive cabs on freight trains 
carrying hazardous materials that would pose an inhalation 
hazard in the event of release; 
‘‘(2) to provide convenient storage in each freight train 
locomotive to enable crewmembers to access such apparatus 
quickly; 
‘‘(3) to maintain such equipment in proper working condi-
tion; and 
‘‘(4) to provide their crewmembers with appropriate 
training for using the breathing apparatus.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 409 of this division, is amended 
by inserting after the item relating to section 20165 the following: 
‘‘20166. Emergency escape breathing apparatus.’’. 
SEC. 414. TUNNEL INFORMATION. 
Not later than 120 days after the date of enactment of this 
Act, each railroad carrier shall, with respect to each of its tunnels 
which— 
(1) are longer than 1000 feet and located under a city 
with a population of 400,000 or greater; or 
(2) carry 5 or more scheduled passenger trains per day, 
or 500 or more carloads of poison- or toxic-by-inhalation haz-
ardous materials (as defined in parts 171.8, 173.115, and 
173.132 of title 49, Code of Federal Regulations) per year, 
maintain, for at least two years, historical documentation of struc-
tural inspection and maintenance activities for such tunnels, 
including information on the methods of ingress and egress into 
and out of the tunnel, the types of cargos typically transported 
through the tunnel, and schematics or blueprints for the tunnel, 
when available. Upon request, a railroad carrier shall provide peri-
odic briefings on such information to the governments of the local 
jurisdiction in which the tunnel is located, including updates when-
ever a repair or rehabilitation project substantially alters the 
Briefings. 
Deadline. 
Time period. 
Records. 
49 USC 20103 
note. 
Deadline. 
Regulations. 
Deadline. 
49 USC 20140 
note. 
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122 STAT. 4890 
PUBLIC LAW 110–432—OCT. 16, 2008 
methods of ingress and egress. Such governments shall use appro-
priate means to protect and restrict the distribution of any security 
sensitive information (as defined in part 1520.5 of title 49, Code 
of Federal Regulations) provided by the railroad carrier under this 
section, consistent with national security interests. 
SEC. 415. MUSEUM LOCOMOTIVE STUDY. 
(a) STUDY.—The Secretary shall conduct a study of the require-
ments relating to safety inspections of diesel-electric locomotives 
and equipment that are operated in limited service by railroad- 
related museums, historical societies, and tourist or scenic railroads. 
The study shall include an analysis of the safety consequences 
of requiring less frequent inspections of such locomotives and equip-
ment, including periodic inspections or inspections based on service 
days and air brake inspections. 
(b) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall transmit a report on the results 
of the study conducted under subsection (a) to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate. 
SEC. 416. SAFETY INSPECTIONS IN MEXICO. 
Mechanical and brake inspections of rail cars performed in 
Mexico shall not be treated as satisfying United States rail safety 
laws or regulations unless the Secretary of Transportation certifies 
that— 
(1) such inspections are being performed under regulations 
and standards equivalent to those applicable in the United 
States; 
(2) the inspections are being performed by employees that 
have received training similar to the training received by 
similar railroad employees in the United States; 
(3) inspection records that are required to be available 
to the crewmembers on board the train, including air slips 
and blue cards, are maintained in both English and Spanish, 
and such records are available to the Federal Railroad Adminis-
tration for review; and 
(4) the Federal Railroad Administration is permitted to 
perform onsite inspections for the purpose of ensuring compli-
ance with the requirements of this subsection. 
SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE. 
(a) IN GENERAL.—Not later than 12 months after the date 
of enactment of this Act, the Secretary shall promulgate a regulation 
requiring owners of track carried on one or more railroad bridges 
to adopt a bridge safety management program to prevent the 
deterioration of railroad bridges and reduce the risk of human 
casualties, environmental damage, and disruption to the Nation’s 
railroad transportation system that would result from a catastrophic 
bridge failure. 
(b) REQUIREMENTS.—The regulations shall, at a minimum, 
require each track owner to— 
(1) to develop and maintain an accurate inventory of its 
railroad bridges, which shall identify the location of each bridge, 
its configuration, type of construction, number of spans, span 
lengths, and all other information necessary to provide for 
the safe management of the bridges; 
Deadline. 
Regulations. 
49 USC 20103 
note. 
Certification. 
49 USC 20107 
note. 
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122 STAT. 4891 
PUBLIC LAW 110–432—OCT. 16, 2008 
(2) to ensure that a professional engineer competent in 
the field of railroad bridge engineering, or a qualified person 
under the supervision of the track owner, determines bridge 
capacity; 
(3) to maintain, and update as appropriate, a record of 
the safe capacity of each bridge which carries its track and, 
if available, maintain the original design documents of each 
bridge and a documentation of all repairs, modifications, and 
inspections of the bridge; 
(4) to develop, maintain, and enforce a written procedure 
that will ensure that its bridges are not loaded beyond their 
capacities; 
(5) to conduct regular comprehensive inspections of each 
bridge, at least once every year, and maintain records of those 
inspections that include the date on which the inspection was 
performed, the precise identification of the bridge inspected, 
the items inspected, an accurate description of the condition 
of those items, and a narrative of any inspection item that 
is found by the inspector to be a potential problem; 
(6) to ensure that the level of detail and the inspection 
procedures are appropriate to the configuration of the bridge, 
conditions found during previous inspections, and the nature 
of the railroad traffic moved over the bridge, including car 
weights, train frequency and length, levels of passenger and 
hazardous materials traffic, and vulnerability of the bridge 
to damage; 
(7) to ensure that an engineer who is competent in the 
field of railroad bridge engineering— 
(A) is responsible for the development of all inspection 
procedures; 
(B) reviews all inspection reports; and 
(C) determines whether bridges are being inspected 
according to the applicable procedures and frequency, and 
reviews any items noted by an inspector as exceptions; 
and 
(8) to designate qualified bridge inspectors or maintenance 
personnel to authorize the operation of trains on bridges fol-
lowing repairs, damage, or indications of potential structural 
problems. 
(c) USE OF BRIDGE MANAGEMENT PROGRAMS REQUIRED.—The 
Secretary shall instruct bridge experts to obtain copies of the most 
recent bridge management programs of each railroad within the 
expert’s areas of responsibility, and require that experts use those 
programs when conducting bridge observations. 
(d) REVIEW OF DATA.—The Secretary shall establish a program 
to periodically review bridge inspection and maintenance data from 
railroad carrier bridge inspectors and Federal Railroad Administra-
tion bridge experts. 
SEC. 
418. 
RAILROAD 
SAFETY 
INFRASTRUCTURE 
IMPROVEMENT 
GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as amended 
by section 413 of this division, is further amended by adding at 
the end thereof the following: 
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122 STAT. 4892 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘§ 20167. Railroad safety infrastructure improvement grants 
‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall 
establish a grant program for safety improvements to railroad infra-
structure, including the acquisition, improvement, or rehabilitation 
of intermodal or rail equipment or facilities, including track, bridges, 
tunnels, yards, buildings, passenger stations, facilities, and mainte-
nance and repair shops. 
‘‘(b) ELIGIBILITY.—Grants shall be made under this section to 
eligible passenger and freight railroad carriers, and State and local 
governments for projects described in subsection (a). Grants shall 
also be made available to assist a State or political subdivision 
thereof in establishing a quiet zone pursuant to part 222 of title 
49, Code of Federal Regulations. 
‘‘(c) CONSIDERATIONS.—In awarding grants, the Secretary shall 
consider, at a minimum— 
‘‘(1) the age and condition of the rail infrastructure of 
the applicant; 
‘‘(2) the railroad carrier’s safety record, including accident 
and incident numbers and rates; 
‘‘(3) the volume of hazardous materials transported by the 
railroad; 
‘‘(4) the operation of passenger trains over the railroad; 
and 
‘‘(5) whether the railroad carrier has submitted a railroad 
safety risk reduction program, as required by section 20156. 
‘‘(d) MATCHING REQUIREMENTS.—Federal funds for any eligible 
project under this section shall not exceed 50 percent of the total 
cost of such project. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Transportation $5,000,000 
for each of fiscal years 2010 through 2013 to carry out this section. 
Amounts appropriated pursuant to this subsection shall remain 
available until expended.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 201, as amended by section 413 of this division, is amended 
by inserting after the item relating to section 20166 the following: 
‘‘20167. Railroad safety infrastructure improvement grants.’’. 
SEC. 419. PROMPT MEDICAL ATTENTION. 
(a) IN GENERAL.—Section 20109 is amended— 
(1) by redesignating subsections (c) through (i) as sub-
sections (d) through (j), respectively; and 
(2) by inserting after subsection (b) the following: 
‘‘(c) PROMPT MEDICAL ATTENTION.— 
‘‘(1) PROHIBITION.—A railroad carrier or person covered 
under this section may not deny, delay, or interfere with the 
medical or first aid treatment of an employee who is injured 
during the course of employment. If transportation to a hospital 
is requested by an employee who is injured during the course 
of employment, the railroad shall promptly arrange to have 
the injured employee transported to the nearest hospital where 
the employee can receive safe and appropriate medical care. 
‘‘(2) DISCIPLINE.—A railroad carrier or person covered 
under this section may not discipline, or threaten discipline 
to, an employee for requesting medical or first aid treatment, 
49 USC 20109. 
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122 STAT. 4893 
PUBLIC LAW 110–432—OCT. 16, 2008 
or for following orders or a treatment plan of a treating physi-
cian, except that a railroad carrier’s refusal to permit an 
employee to return to work following medical treatment shall 
not be considered a violation of this section if the refusal 
is pursuant to Federal Railroad Administration medical stand-
ards for fitness of duty or, if there are no pertinent Federal 
Railroad Administration standards, a carrier’s medical stand-
ards for fitness for duty. For purposes of this paragraph, the 
term ‘discipline’ means to bring charges against a person in 
a disciplinary proceeding, suspend, terminate, place on proba-
tion, or make note of reprimand on an employee’s record.’’. 
(b) CONFORMING AMENDMENTS.—Section 20109 is amended— 
(1) in subsection (d), as redesignated by subsection (a) 
of this section— 
(A) by striking ‘‘(a) or (b)’’ in paragraph (1) and 
inserting ‘‘(a), (b), or (c)’’; 
(B) by striking ‘‘(c)(1)’’ in paragraph (2)(A)(i) and 
inserting ‘‘(d)(1)’’; 
(C) by striking ‘‘(a) or (b)’’ in paragraph (2)(A)(ii) and 
inserting ‘‘(a), (b), or (c)’’; and 
(2) in subsection (e), as so redesignated— 
(A) by striking ‘‘(c)’’ in paragraph (1) and inserting 
‘‘(d)’’; 
(B) by striking ‘‘(c)’’ in paragraph (2) and inserting 
‘‘(d)’’; 
(C) by striking ‘‘(c)(3)’’ in paragraph (2) and inserting 
‘‘(d)(3)’’; and 
(D) by striking ‘‘(c)’’ in paragraph (3) and inserting 
‘‘(d)’’. 
SEC. 420. EMPLOYEE SLEEPING QUARTERS. 
Section 21106 is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A railroad 
carrier’’; 
(2) by striking ‘‘sanitary and give those employees and 
individuals an opportunity for rest free from the interruptions 
caused by noise under the control of the carrier;’’ in paragraph 
(1) and inserting ‘‘sanitary, give those employees and individ-
uals an opportunity for rest free from the interruptions caused 
by noise under the control of the carrier, and provide indoor 
toilet facilities, potable water, and other features to protect 
the health of employees;’’; and 
(3) by adding at the end the following: 
‘‘(b) CAMP CARS.—Not later than December 31, 2009, any rail-
road carrier that uses camp cars shall fully retrofit or replace 
such cars in compliance with subsection (a). 
‘‘(c) REGULATIONS.—Not later than April 1, 2010, the Secretary 
of Transportation, in coordination with the Secretary of Labor, 
shall prescribe regulations to implement subsection (a)(1) to protect 
the safety and health of any employees and individuals employed 
to maintain the right of way of a railroad carrier that uses camp 
cars, which shall require that all camp cars comply with those 
regulations by December 31, 2010. In prescribing the regulations, 
the Secretary shall assess the action taken by any railroad carrier 
to fully retrofit or replace its camp cars pursuant to this section. 
‘‘(d) COMPLIANCE
AND ENFORCEMENT.—The Secretary shall 
determine whether a railroad carrier has fully retrofitted or replaced 
Deadlines. 
Deadline. 
49 USC 20109. 
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122 STAT. 4894 
PUBLIC LAW 110–432—OCT. 16, 2008 
a camp car pursuant to subsection (b) and shall prohibit the use 
of any non-compliant camp car. The Secretary may assess civil 
penalties pursuant to chapter 213 for violations of this section.’’. 
TITLE V—RAIL PASSENGER DISASTER 
FAMILY ASSISTANCE 
SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD 
TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PAS-
SENGER ACCIDENTS. 
(a) IN GENERAL.—Chapter 11 is amended by adding at the 
end of subchapter III the following: 
‘‘§ 1139. Assistance to families of passengers involved in rail 
passenger accidents 
‘‘(a) IN GENERAL.—As soon as practicable after being notified 
of a rail passenger accident within the United States involving 
a rail passenger carrier and resulting in a major loss of life, the 
Chairman of the National Transportation Safety Board shall— 
‘‘(1) designate and publicize the name and phone number 
of a director of family support services who shall be an employee 
of the Board and shall be responsible for acting as a point 
of contact within the Federal Government for the families of 
passengers involved in the accident and a liaison between the 
rail passenger carrier and the families; and 
‘‘(2) designate an independent nonprofit organization, with 
experience in disasters and post trauma communication with 
families, which shall have primary responsibility for coordi-
nating the emotional care and support of the families of pas-
sengers involved in the accident. 
‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board shall have 
primary Federal responsibility for— 
‘‘(1) facilitating the recovery and identification of fatally 
injured passengers involved in an accident described in sub-
section (a); and 
‘‘(2) communicating with the families of passengers involved 
in the accident as to the roles, with respect to the accident 
and the post-accident activities, of— 
‘‘(A) the organization designated for an accident under 
subsection (a)(2); 
‘‘(B) Government agencies; and 
‘‘(C) the rail passenger carrier involved. 
‘‘(c) RESPONSIBILITIES
OF
DESIGNATED
ORGANIZATION.—The 
organization designated for an accident under subsection (a)(2) shall 
have the following responsibilities with respect to the families of 
passengers involved in the accident: 
‘‘(1) To provide mental health and counseling services, in 
coordination with the disaster response team of the rail pas-
senger carrier involved. 
‘‘(2) To take such actions as may be necessary to provide 
an environment in which the families may grieve in private. 
‘‘(3) To meet with the families who have traveled to the 
location of the accident, to contact the families unable to travel 
to such location, and to contact all affected families periodically 
thereafter until such time as the organization, in consultation 
with the director of family support services designated for the 
Designations. 
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122 STAT. 4895 
PUBLIC LAW 110–432—OCT. 16, 2008 
accident under subsection (a)(1), determines that further assist-
ance is no longer needed. 
‘‘(4) To arrange a suitable memorial service, in consultation 
with the families. 
‘‘(d) PASSENGER LISTS.— 
‘‘(1) REQUESTS FOR PASSENGER LISTS.— 
‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERV-
ICES.—It shall be the responsibility of the director of family 
support services designated for an accident under sub-
section (a)(1) to request, as soon as practicable, from the 
rail passenger carrier involved in the accident a list, which 
is based on the best available information at the time 
of the request, of the names of the passengers that were 
aboard the rail passenger carrier’s train involved in the 
accident. A rail passenger carrier shall use reasonable 
efforts, with respect to its unreserved trains, and pas-
sengers not holding reservations on its other trains, to 
ascertain the names of passengers aboard a train involved 
in an accident. 
‘‘(B) REQUESTS
BY
DESIGNATED
ORGANIZATION.—The 
organization designated for an accident under subsection 
(a)(2) may request from the rail passenger carrier involved 
in the accident a list described in subparagraph (A). 
‘‘(2) USE
OF
INFORMATION.—Except as provided in sub-
section (k), the director of family support services and the 
organization may not release to any person information on 
a list obtained under paragraph (1) but may provide information 
on the list about a passenger to the family of the passenger 
to the extent that the director of family support services or 
the organization considers appropriate. 
‘‘(e) CONTINUING RESPONSIBILITIES
OF
THE BOARD.—In the 
course of its investigation of an accident described in subsection 
(a), the Board shall, to the maximum extent practicable, ensure 
that the families of passengers involved in the accident— 
‘‘(1) are briefed, prior to any public briefing, about the 
accident and any other findings from the investigation; and 
‘‘(2) are individually informed of and allowed to attend 
any public hearings and meetings of the Board about the 
accident. 
‘‘(f) USE
OF RAIL PASSENGER CARRIER RESOURCES.—To the 
extent practicable, the organization designated for an accident 
under subsection (a)(2) shall coordinate its activities with the rail 
passenger carrier involved in the accident to facilitate the reason-
able use of the resources of the carrier. 
‘‘(g) PROHIBITED ACTIONS.— 
‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No person (including 
a State or political subdivision thereof) may impede the ability 
of the Board (including the director of family support services 
designated for an accident under subsection (a)(1)), or an 
organization designated for an accident under subsection (a)(2), 
to carry out its responsibilities under this section or the ability 
of the families of passengers involved in the accident to have 
contact with one another. 
‘‘(2) 
UNSOLICITED
COMMUNICATIONS.—No 
unsolicited 
communication concerning a potential action or settlement offer 
for personal injury or wrongful death may be made by an 
attorney (including any associate, agent, employee, or other 
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122 STAT. 4896 
PUBLIC LAW 110–432—OCT. 16, 2008 
representative of an attorney) or any potential party to the 
litigation, including the railroad carrier or rail passenger car-
rier, to an individual (other than an employee of the rail pas-
senger carrier) injured in the accident, or to a relative of an 
individual involved in the accident, before the 45th day fol-
lowing the date of the accident. 
‘‘(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH 
AND COUNSELING SERVICES.—No State or political subdivision 
thereof may prevent the employees, agents, or volunteers of 
an organization designated for an accident under subsection 
(a)(2) from providing mental health and counseling services 
under subsection (c)(1) in the 30-day period beginning on the 
date of the accident. The director of family support services 
designated for the accident under subsection (a)(1) may extend 
such period for not to exceed an additional 30 days if the 
director determines that the extension is necessary to meet 
the needs of the families and if State and local authorities 
are notified of the determination. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) RAIL PASSENGER ACCIDENT.—The term ‘rail passenger 
accident’ means any rail passenger disaster resulting in a major 
loss of life occurring in the provision of— 
‘‘(A) interstate intercity rail passenger transportation 
(as such term is defined in section 24102); or 
‘‘(B) interstate or intrastate high-speed rail (as such 
term is defined in section 26105) transportation, 
regardless of its cause or suspected cause. 
‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail passenger 
carrier’ means a rail carrier providing— 
‘‘(A) interstate intercity rail passenger transportation 
(as such term is defined in section 24102); or 
‘‘(B) interstate or intrastate high-speed rail (as such 
term is defined in section 26105) transportation, 
except that such term does not include a tourist, historic, scenic, 
or excursion rail carrier. 
‘‘(3) PASSENGER.—The term ‘passenger’ includes— 
‘‘(A) an employee of a rail passenger carrier aboard 
a train; 
‘‘(B) any other person aboard the train without regard 
to whether the person paid for the transportation, occupied 
a seat, or held a reservation for the rail transportation; 
and 
‘‘(C) any other person injured or killed in a rail pas-
senger accident, as determined appropriate by the Board. 
‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section may be construed as limiting the actions that a rail pas-
senger carrier may take, or the obligations that a rail passenger 
carrier may have, in providing assistance to the families of pas-
sengers involved in a rail passenger accident. 
‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY.— 
‘‘(1) GENERAL RULE.—This section (other than subsection 
(g)) shall not apply to a railroad passenger accident if the 
Board has relinquished investigative priority under section 
1131(a)(2)(B) and the Federal agency to which the Board relin-
quished investigative priority is willing and able to provide 
assistance to the victims and families of the passengers involved 
in the accident. 
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122 STAT. 4897 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(2) BOARD
ASSISTANCE.—If this section does not apply 
to a railroad passenger accident because the Board has relin-
quished investigative priority with respect to the accident, the 
Board shall assist, to the maximum extent possible, the agency 
to which the Board has relinquished investigative priority in 
assisting families with respect to the accident. 
‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall be con-
strued to abridge the authority of the Board or the Secretary 
of Transportation to investigate the causes or circumstances of 
any rail accident, including development of information regarding 
the nature of injuries sustained and the manner in which they 
were sustained for the purposes of determining compliance with 
existing laws and regulations or for identifying means of preventing 
similar injuries in the future, or both.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 11 is amended by inserting after the item relating to 
section 1138 the following: 
‘‘1139. Assistance to families of passengers involved in rail passenger accidents.’’. 
SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF 
PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. 
(a) IN GENERAL.—Chapter 243 is amended by adding at the 
end the following: 
‘‘§ 24316. Plans to address needs of families of passengers 
involved in rail passenger accidents 
‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months after the 
date of the enactment of the Rail Safety Improvement Act of 2008, 
a rail passenger carrier shall submit to the Chairman of the 
National Transportation Safety Board, the Secretary of Transpor-
tation, and the Secretary of Homeland Security a plan for 
addressing the needs of the families of passengers involved in 
any rail passenger accident involving a rail passenger carrier inter-
city train and resulting in a major loss of life. 
‘‘(b) CONTENTS OF PLANS.—A plan to be submitted by a rail 
passenger carrier under subsection (a) shall include, at a minimum, 
the following: 
‘‘(1) A process by which a rail passenger carrier will main-
tain and provide to the National Transportation Safety Board, 
the Secretary of Transportation, and the Secretary of Homeland 
Security immediately upon request, a list (which is based on 
the best available information at the time of the request) of 
the names of the passengers aboard the train (whether or 
not such names have been verified), and will periodically update 
the list. The plan shall include a procedure, with respect to 
unreserved trains and passengers not holding reservations on 
other trains, for the rail passenger carrier to use reasonable 
efforts to ascertain the names of passengers aboard a train 
involved in an accident. 
‘‘(2) A process for notifying the families of the passengers, 
before providing any public notice of the names of the pas-
sengers, either by utilizing the services of the organization 
designated for the accident under section 1139(a)(2) of this 
title or the services of other suitably trained individuals. 
‘‘(3) A plan for creating and publicizing a reliable, toll- 
free telephone number within 4 hours after such an accident 
Deadline. 
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122 STAT. 4898 
PUBLIC LAW 110–432—OCT. 16, 2008 
occurs, and for providing staff, to handle calls from the families 
of the passengers. 
‘‘(4) A process for providing the notice described in para-
graph (2) to the family of a passenger as soon as the rail 
passenger carrier has verified that the passenger was aboard 
the train (whether or not the names of all of the passengers 
have been verified). 
‘‘(5) An assurance that, upon request of the family of a 
passenger, the rail passenger carrier will inform the family 
of whether the passenger’s name appeared on any preliminary 
passenger manifest for the train involved in the accident. 
‘‘(6) A process by which the family of each passenger will 
be consulted about the disposition of all remains and personal 
effects of the passenger within the control of the rail passenger 
carrier and by which any possession of the passenger within 
the control of the rail passenger carrier (regardless of its condi-
tion)— 
‘‘(A) will be retained by the rail passenger carrier for 
at least 18 months; and 
‘‘(B) will be returned to the family unless the possession 
is needed for the accident investigation or any criminal 
investigation. 
‘‘(7) A process by which the treatment of the families of 
nonrevenue passengers will be the same as the treatment of 
the families of revenue passengers. 
‘‘(8) An assurance that the rail passenger carrier will pro-
vide adequate training to the employees and agents of the 
carrier to meet the needs of survivors and family members 
following an accident. 
‘‘(9) An assurance that the family of each passenger or 
other person killed in the accident will be consulted about 
construction by the rail passenger carrier of any monument 
to the passengers, including any inscription on the monument. 
‘‘(10) An assurance that the rail passenger carrier will 
work with any organization designated under section 1139(a)(2) 
of this title on an ongoing basis to ensure that families of 
passengers receive an appropriate level of services and assist-
ance following each accident. 
‘‘(11) An assurance that the rail passenger carrier will 
provide reasonable compensation to any organization des-
ignated under section 1139(a)(2) of this title for services pro-
vided by the organization. 
‘‘(c) USE
OF INFORMATION.—Neither the National Transpor-
tation Safety Board, the Secretary of Transportation, the Secretary 
of Homeland Security, nor a rail passenger carrier may release 
to the public any personal information on a list obtained under 
subsection (b)(1), but may provide information on the list about 
a passenger to the passenger’s family members to the extent that 
the Board or a rail passenger carrier considers appropriate. 
‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.— 
‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in this section 
may be construed as limiting the actions that a rail passenger 
carrier may take, or the obligations that a rail passenger carrier 
may have, in providing assistance to the families of passengers 
involved in a rail passenger accident. 
‘‘(2) INVESTIGATIONAL
AUTHORITY
OF
BOARD
AND
SEC-
RETARY.—Nothing in this section shall be construed to abridge 
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122 STAT. 4899 
PUBLIC LAW 110–432—OCT. 16, 2008 
the authority of the Board or the Secretary of Transportation 
to investigate the causes or circumstances of any rail accident, 
including the development of information regarding the nature 
of injuries sustained and the manner in which they were sus-
tained, for the purpose of determining compliance with existing 
laws and regulations or identifying means of preventing similar 
injuries in the future. 
‘‘(e) LIMITATION ON LIABILITY.—A rail passenger carrier shall 
not be liable for damages in any action brought in a Federal 
or State court arising out of the performance of the rail passenger 
carrier in preparing or providing a passenger list, or in providing 
information concerning a train reservation, pursuant to a plan 
submitted by the rail passenger carrier under subsection (b), unless 
such liability was caused by conduct of the rail passenger carrier 
which was grossly negligent or which constituted intentional mis-
conduct. 
‘‘(f) DEFINITIONS.—In this section, the terms ‘passenger’ and 
‘rail passenger accident’ have the meaning given those terms by 
section 1139 of this title. 
‘‘(g) FUNDING.—Out of funds appropriated pursuant to section 
20117(a)(1)(A), there shall be made available to the Secretary of 
Transportation $500,000 for fiscal year 2010 to carry out this sec-
tion. Amounts made available pursuant to this subsection shall 
remain available until expended.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 243 is amended by inserting after the item relating to 
section 24315 the following: 
‘‘24316.Plan to assist families of passengers involved in rail passenger accidents.’’. 
SEC. 503. ESTABLISHMENT OF TASK FORCE. 
(a) ESTABLISHMENT.—The Secretary, in cooperation with the 
National Transportation Safety Board, organizations potentially 
designated under section 1139(a)(2) of title 49, United States Code, 
rail passenger carriers (as defined in section 1139(h)(2) of title 
49, United States Code), and families which have been involved 
in rail accidents, shall establish a task force consisting of represent-
atives of such entities and families, representatives of rail passenger 
carrier employees, and representatives of such other entities as 
the Secretary considers appropriate. 
(b) MODEL PLAN
AND RECOMMENDATIONS.—The task force 
established pursuant to subsection (a) shall develop— 
(1) a model plan to assist rail passenger carriers in 
responding to passenger rail accidents; 
(2) recommendations on methods to improve the timeliness 
of the notification provided by passenger rail carriers to the 
families of passengers involved in a passenger rail accident; 
(3) recommendations on methods to ensure that the families 
of passengers involved in a passenger rail accident who are 
not citizens of the United States receive appropriate assistance; 
and 
(4) recommendations on methods to ensure that emergency 
services personnel have as immediate and accurate a count 
of the number of passengers onboard the train as possible. 
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall transmit a report to the 
House of Representatives Committee on Transportation and Infra-
structure and the Senate Committee on Commerce, Science, and 
49 USC 1139 
note. 
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122 STAT. 4900 
PUBLIC LAW 110–432—OCT. 16, 2008 
Transportation containing the model plan and recommendations 
developed by the task force under subsection (b). 
TITLE VI—CLARIFICATION OF FEDERAL 
JURISDICTION OVER SOLID WASTE 
FACILITIES 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Clean Railroads Act of 2008’’. 
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID 
WASTE TRANSFER FACILITIES. 
Section 10501(c)(2) is amended to read as follows: 
‘‘(2) Except as provided in paragraph (3), the Board does not 
have jurisdiction under this part over— 
‘‘(A) mass transportation provided by a local government 
authority; or 
‘‘(B) a solid waste rail transfer facility as defined in section 
10908 of this title, except as provided under sections 10908 
and 10909 of this title.’’. 
SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES. 
(a) IN GENERAL.—Chapter 109 is amended by adding at the 
end thereof the following: 
‘‘§ 10908. Regulation of solid waste rail transfer facilities 
‘‘(a) IN GENERAL.—Each solid waste rail transfer facility shall 
be subject to and shall comply with all applicable Federal and 
State requirements, both substantive and procedural, including 
judicial and administrative orders and fines, respecting the preven-
tion and abatement of pollution, the protection and restoration 
of the environment, and the protection of public health and safety, 
including laws governing solid waste, to the same extent as required 
for any similar solid waste management facility, as defined in 
section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 
6903(29)) that is not owned or operated by or on behalf of a 
rail carrier, except as provided for in section 10909 of this chapter. 
‘‘(b) EXISTING FACILITIES.— 
‘‘(1) STATE LAWS AND STANDARDS.—Not later than 90 days 
after the date of enactment of the Clean Railroads Act of 
2008, a solid waste rail transfer facility operating as of such 
date of enactment shall comply with all Federal and State 
requirements pursuant to subsection (a) other than those provi-
sions requiring permits. 
‘‘(2) PERMIT REQUIREMENTS.— 
‘‘(A) STATE NON-SITING PERMITS.—Any solid waste rail 
transfer facility operating as of the date of enactment of 
the Clean Railroads Act of 2008 that does not possess 
a permit required pursuant to subsection (a), other than 
a siting permit for the facility, as of the date of enactment 
of the Clean Railroads Act of 2008 shall not be required 
to possess any such permits in order to operate the 
facility— 
‘‘(i) if, within 180 days after such date of enact-
ment, the solid waste rail transfer facility has sub-
mitted, in good faith, a complete application for all 
Deadline. 
Deadline. 
49 USC 10501. 
49 USC 10101 
note. 
Clean Railroads 
Act of 2008. 
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122 STAT. 4901 
PUBLIC LAW 110–432—OCT. 16, 2008 
permits, except siting permits, required pursuant to 
subsection (a) to the appropriate permitting agency 
authorized to grant such permits; and 
‘‘(ii) until the permitting agency has either 
approved or denied the solid waste rail transfer 
facility’s application for each permit. 
‘‘(B) SITING
PERMITS
AND
REQUIREMENTS.—A solid 
waste rail transfer facility operating as of the date of 
enactment of the Clean Railroads Act of 2008 that does 
not possess a State siting permit required pursuant to 
subsection (a) as of such date of enactment shall not be 
required to possess any siting permit to continue to operate 
or comply with any State land use requirements. The Gov-
ernor of a State in which the facility is located, or his 
or her designee, may petition the Board to require the 
facility to apply for a land-use exemption pursuant to sec-
tion 10909 of this chapter. The Board shall accept the 
petition, and the facility shall be required to have a Board- 
issued land-use exemption in order to continue to operate, 
pursuant to section 10909 of this chapter. 
‘‘(c) COMMON CARRIER OBLIGATION.—No prospective or current 
rail carrier customer may demand solid waste rail transfer service 
from a rail carrier at a solid waste rail transfer facility that does 
not already possess the necessary Federal land-use exemption and 
State permits at the location where service is requested. 
‘‘(d) NON-WASTE COMMODITIES.—Nothing in this section or sec-
tion 10909 of this chapter shall affect a rail carrier’s ability to 
conduct transportation-related activities with respect to commod-
ities other than solid waste. 
‘‘(e) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section: 
‘‘(A) COMMERCIAL
AND
RETAIL
WASTE.—The term 
‘commercial and retail waste’ means material discarded 
by stores, offices, restaurants, warehouses, nonmanufac-
turing activities at industrial facilities, and other similar 
establishments or facilities. 
‘‘(B) CONSTRUCTION
AND
DEMOLITION
DEBRIS.—The 
term ‘construction and demolition debris’ means waste 
building materials, packaging, and rubble resulting from 
construction, remodeling, repair, and demolition operations 
on pavements, houses, commercial buildings, and other 
structures. 
‘‘(C) HOUSEHOLD WASTE.—The term ‘household waste’ 
means material discarded by residential dwellings, hotels, 
motels, and other similar permanent or temporary housing 
establishments or facilities. 
‘‘(D) INDUSTRIAL WASTE.—The term ‘industrial waste’ 
means the solid waste generated by manufacturing and 
industrial and research and development processes and 
operations, including contaminated soil, nonhazardous oil 
spill cleanup waste and dry nonhazardous pesticides and 
chemical waste, but does not include hazardous waste regu-
lated under subtitle C of the Solid Waste Disposal Act 
(42 U.S.C. 6921 et seq.), mining or oil and gas waste. 
‘‘(E) INSTITUTIONAL
WASTE.—The term ‘institutional 
waste’ means material discarded by schools, nonmedical 
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122 STAT. 4902 
PUBLIC LAW 110–432—OCT. 16, 2008 
waste discarded by hospitals, material discarded by non-
manufacturing activities at prisons and government facili-
ties, and material discarded by other similar establish-
ments or facilities. 
‘‘(F) MUNICIPAL
SOLID
WASTE.—The term ‘municipal 
solid waste’ means— 
‘‘(i) household waste; 
‘‘(ii) commercial and retail waste; and 
‘‘(iii) institutional waste. 
‘‘(G) SOLID WASTE.—With the exception of waste gen-
erated by a rail carrier during track, track structure, or 
right-of-way construction, maintenance, or repair (including 
railroad ties and line-side poles) or waste generated as 
a result of a railroad accident, incident, or derailment, 
the term ‘solid waste’ means— 
‘‘(i) construction and demolition debris; 
‘‘(ii) municipal solid waste; 
‘‘(iii) household waste; 
‘‘(iv) commercial and retail waste; 
‘‘(v) institutional waste; 
‘‘(vi) sludge; 
‘‘(vii) industrial waste; and 
‘‘(viii) other solid waste, as determined appropriate 
by the Board. 
‘‘(H) SOLID WASTE RAIL TRANSFER FACILITY.—The term 
‘solid waste rail transfer facility’— 
‘‘(i) means the portion of a facility owned or oper-
ated by or on behalf of a rail carrier (as defined in 
section 10102 of this title) where solid waste, as a 
commodity to be transported for a charge, is collected, 
stored, separated, processed, treated, managed, dis-
posed of, or transferred, when the activity takes place 
outside of original shipping containers; but 
‘‘(ii) does not include— 
‘‘(I) the portion of a facility to the extent that 
activities taking place at such portion are com-
prised solely of the railroad transportation of solid 
waste after the solid waste is loaded for shipment 
on or in a rail car, including railroad transpor-
tation for the purpose of interchanging railroad 
cars containing solid waste shipments; or 
‘‘(II) a facility where solid waste is solely trans-
ferred or transloaded from a tank truck directly 
to a rail tank car. 
‘‘(I) SLUDGE.—The term ‘sludge’ means any solid, semi- 
solid or liquid waste generated from a municipal, commer-
cial, or industrial wastewater treatment plant, water 
supply treatment plant, or air pollution control facility 
exclusive of the treated effluent from a wastewater treat-
ment plant. 
‘‘(2) EXCEPTIONS.—Notwithstanding paragraph (1), the 
terms ‘household waste’, ‘commercial and retail waste’, and 
‘institutional waste’ do not include— 
‘‘(A) yard waste and refuse-derived fuel; 
‘‘(B) used oil; 
‘‘(C) wood pallets; 
‘‘(D) clean wood; 
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122 STAT. 4903 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(E) medical or infectious waste; or 
‘‘(F) motor vehicles (including motor vehicle parts or 
vehicle fluff). 
‘‘(3) STATE REQUIREMENTS.—In this section the term ‘State 
requirements’ does not include the laws, regulations, ordi-
nances, orders, or other requirements of a political subdivision 
of a State, including a locality or municipality, unless a State 
expressly delegates such authority to such political subdivi-
sion.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 109 is amended by inserting after the item relating to 
section 10907 the following: 
‘‘10908. Regulation of solid waste rail transfer facilities.’’. 
SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE EXEMP-
TION AUTHORITY. 
(a) IN GENERAL.—Chapter 109 is further amended by adding 
at the end thereof the following: 
‘‘§ 10909. Solid waste rail transfer facility land-use exemption 
‘‘(a) AUTHORITY.—The Board may issue a land-use exemption 
for a solid waste rail transfer facility that is or is proposed to 
be operated by or on behalf of a rail carrier if— 
‘‘(1) the Board finds that a State, local, or municipal law, 
regulation, order, or other requirement affecting the siting of 
such facility unreasonably burdens the interstate transportation 
of solid waste by railroad, discriminates against the railroad 
transportation of solid waste and a solid waste rail transfer 
facility, or a rail carrier that owns or operates such a facility 
petitions the Board for such an exemption; or 
‘‘(2) the Governor of a State in which a facility that is 
operating as of the date of enactment of the Clean Railroads 
Act of 2008 is located, or his or her designee, petitions the 
Board to initiate a permit proceeding for that particular facility. 
‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later than 90 
days after the date of enactment of the Clean Railroad Act of 
2008, the Board shall publish procedures governing the submission 
and review of applications for solid waste rail transfer facility 
land-use exemptions. At a minimum, the procedures shall address— 
‘‘(1) the information that each application should contain 
to explain how the solid waste rail transfer facility will not 
pose an unreasonable risk to public health, safety, or the 
environment; 
‘‘(2) the opportunity for public notice and comment 
including notification of the municipality, the State, and any 
relevant Federal or State regional planning entity in the juris-
diction of which the solid waste rail transfer facility is proposed 
to be located; 
‘‘(3) the timeline for Board review, including a requirement 
that the Board approve or deny an exemption within 90 days 
after the full record for the application is developed; 
‘‘(4) the expedited review timelines for petitions for modi-
fications, amendments, or revocations of granted exemptions; 
‘‘(5) the process for a State to petition the Board to require 
a solid waste transfer facility or a rail carrier that owns or 
operates such a facility to apply for a siting permit; and 
Deadline. 
Publication. 
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122 STAT. 4904 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(6) the process for a solid waste transfer facility or a 
rail carrier that owns or operates such a facility to petition 
the Board for a land-use exemption. 
‘‘(c) STANDARD FOR REVIEW.— 
‘‘(1) The Board may only issue a land-use exemption if 
it determines that the facility at the existing or proposed loca-
tion does not pose an unreasonable risk to public health, safety, 
or the environment. In deciding whether a solid waste rail 
transfer facility that is or proposed to be constructed or operated 
by or on behalf of a rail carrier poses an unreasonable risk 
to public health, safety, or the environment, the Board shall 
weigh the particular facility’s potential benefits to and the 
adverse impacts on public health, public safety, the environ-
ment, interstate commerce, and transportation of solid waste 
by rail. 
‘‘(2) The Board may not grant a land-use exemption for 
a solid waste rail transfer facility proposed to be located on 
land within any unit of or land affiliated with the National 
Park System, the National Wildlife Refuge System, the National 
Wilderness Preservation System, the National Trails System, 
the National Wild and Scenic Rivers System, a National 
Reserve, a National Monument, or lands referenced in Public 
Law 108–421 for which a State has implemented a conservation 
management plan, if operation of the facility would be incon-
sistent with restrictions placed on such land. 
‘‘(d) CONSIDERATIONS.—When evaluating an application under 
this section, the Board shall consider and give due weight to the 
following, as applicable: 
‘‘(1) the land-use, zoning, and siting regulations or solid 
waste planning requirements of the State or State subdivision 
in which the facility is or will be located that are applicable 
to solid waste transfer facilities, including those that are not 
owned or operated by or on behalf of a rail carrier; 
‘‘(2) the land-use, zoning, and siting regulations or solid 
waste planning requirements applicable to the property where 
the solid waste rail transfer facility is proposed to be located; 
‘‘(3) regional transportation planning requirements devel-
oped pursuant to Federal and State law; 
‘‘(4) regional solid waste disposal plans developed pursuant 
to State or Federal law; 
‘‘(5) any Federal and State environmental protection laws 
or regulations applicable to the site; 
‘‘(6) any unreasonable burdens imposed on the interstate 
transportation of solid waste by railroad, or the potential for 
discrimination against the railroad transportation of solid 
waste, a solid waste rail transfer facility, or a rail carrier 
that owns or operates such a facility; and 
‘‘(7) any other relevant factors, as determined by the Board. 
‘‘(e) EXISTING FACILITIES.—Upon the granting of petition from 
the State in which a solid waste rail transfer facility is operating 
as of the date of enactment of the Clean Railroads Act of 2008 
by the Board, the facility shall submit a complete application for 
a siting permit to the Board pursuant to the procedures issued 
pursuant to subsection (b). No State may enforce a law, regulation, 
order, or other requirement affecting the siting of a facility that 
is operating as of the date of enactment of the Clean Railroads 
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122 STAT. 4905 
PUBLIC LAW 110–432—OCT. 16, 2008 
Act of 2008 until the Board has approved or denied a permit 
pursuant to subsection (c). 
‘‘(f) EFFECT
OF LAND-USE EXEMPTION.—If the Board grants 
a land-use exemption to a solid waste rail transfer facility, all 
State laws, regulations, orders, or other requirements affecting 
the siting of a facility are preempted with regard to that facility. 
An exemption may require compliance with such State laws, regula-
tions, orders, or other requirements. 
‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section precludes a 
person from seeking an injunction to enjoin a solid waste rail 
transfer facility from being constructed or operated by or on behalf 
of a rail carrier if that facility has materially violated, or will 
materially violate, its land-use exemption or if it failed to receive 
a valid land-use exemption under this section. 
‘‘(h) FEES.—The Board may charge permit applicants reasonable 
fees to implement this section, including the costs of third-party 
consultants. 
‘‘(i) DEFINITIONS.—In this section the terms ‘solid waste’, ‘solid 
waste rail transfer facility’, and ‘State requirements’ have the 
meaning given such terms in section 10908(e).’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 109, as amended by section 603 of this division, is amended 
by inserting after the item relating to section 10908 the following: 
‘‘10909. Solid waste rail transfer facility land-use exemption.’’. 
SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES. 
(a) IN GENERAL.—Chapter 109, as amended by section 604, 
is further amended by adding at the end thereof the following: 
‘‘§ 10910. Effect on other statutes and authorities 
‘‘Nothing in section 10908 or 10909 is intended to affect the 
traditional police powers of the State to require a rail carrier 
to comply with State and local environmental, public health, and 
public safety standards that are not unreasonably burdensome to 
interstate commerce and do not discriminate against rail carriers.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 109, as amended by section 604 of this division, is amended 
by inserting after the item relating to section 10909 the following: 
‘‘10910. Effect on other statutes and authorities.’’. 
TITLE VII—TECHNICAL CORRECTIONS 
SEC. 701. TECHNICAL CORRECTIONS. 
(a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 22106 is 
amended— 
(1) by striking the second sentence of subsection (a); 
(2) by striking subsection (b) and inserting the following: 
‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT INTEREST 
RECOVERIES.—The State shall place the United States Government’s 
share of money that is repaid and any contingent interest that 
is recovered in an interest-bearing account. The repaid money, 
contingent interest, and any interest thereof shall be considered 
to be State funds. The State shall use such funds to make other 
grants and loans, consistent with the purposes for which financial 
49 USC 22106. 
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122 STAT. 4906 
PUBLIC LAW 110–432—OCT. 16, 2008 
assistance may be used under subsection (a), as the State considers 
to be appropriate.’’; and 
(3) by striking subsections (c) and (e) and redesignating 
subsection (d) as subsection (c). 
(b) GRANTS
FOR
CLASS
II 
AND
III RAILROADS.—Section 
22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and inserting ‘‘or’’. 
(c) RAIL TRANSPORTATION OF RENEWABLE FUEL STUDY.—Section 
245(a)(1) of the Energy Independence and Security Act of 2007 
is amended by striking ‘‘Secretary, in coordination with the Sec-
retary of Transportation,’’ and inserting ‘‘Secretary and the Sec-
retary of Transportation’’. 
(d) MOTOR CARRIER DEFINITION.— 
Section 14504a is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by inserting 
‘‘(except as provided in paragraph (5))’’ after ‘‘14506’’; 
(B) in paragraph (1), by striking subparagraph (A) 
and inserting the following: 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘commercial motor vehicle’— 
‘‘(i) for calendar years 2008 and 2009, has the 
meaning given the term in section 31101; and 
‘‘(ii) for years beginning after December 31, 2009, 
means a self-propelled vehicle described in section 
31101.’’; and 
(C) by striking paragraph (5) and inserting the fol-
lowing: 
‘‘(5) MOTOR CARRIER.— 
‘‘(A) THIS SECTION.—In this section: 
‘‘(i) IN GENERAL.—The term ‘motor carrier’ includes 
all carriers that are otherwise exempt from this part— 
‘‘(I) under subchapter I of chapter 135; or 
‘‘(II) through exemption actions by the former 
Interstate Commerce Commission under this title. 
‘‘(ii) EXCLUSIONS.—In this section, the term ‘motor 
carrier’ does not include— 
‘‘(I) any carrier subject to section 13504; or 
‘‘(II) any other carrier that the board of direc-
tors of the unified carrier registration plan deter-
mines to be appropriate pursuant to subsection 
(d)(4)(C). 
‘‘(B) SECTION 14506.—In section 14506, the term ‘motor 
carrier’ includes all carriers that are otherwise exempt 
from this part— 
‘‘(i) under subchapter I of chapter 135; or 
‘‘(ii) through exemption actions by the former 
Interstate Commerce Commission under this title.’’; 
and 
(2) in subsection (d)(4)(C), by inserting before the period 
at the end the following: ‘‘, except that a decision to approve 
the exclusion of carriers from the definition of the term ‘motor 
carrier’ under subsection (a)(5) shall require an affirmative 
vote of 3⁄4 of all such directors.’’. 
(e) EXTENSION OF LOAN PERIOD.—Section 502(g)(1) of the Rail-
road Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
822(g)(1)) is amended by striking ‘‘25 years’’ and inserting ‘‘35 
years’’. 
121 Stat. 1546. 
49 USC 22301. 
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122 STAT. 4907 
PUBLIC LAW 110–432—OCT. 16, 2008 
DIVISION B—AMTRAK 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the ‘‘Passenger 
Rail Investment and Improvement Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for this division 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of title 49, United States Code. 
Sec. 3. Definition. 
TITLE I—AUTHORIZATIONS 
Sec. 101. Authorization for Amtrak capital and operating expenses. 
Sec. 102. Repayment of long-term debt and capital leases. 
Sec. 103. Authorization for the Federal Railroad Administration. 
TITLE II—AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS 
Sec. 201. National railroad passenger transportation system defined. 
Sec. 202. Amtrak board of directors. 
Sec. 203. Establishment of improved financial accounting system. 
Sec. 204. Development of 5-year financial plan. 
Sec. 205. Restructuring long-term debt and capital leases. 
Sec. 206. Establishment of grant process. 
Sec. 207. Metrics and standards. 
Sec. 208. Methodologies for Amtrak route and service planning decisions. 
Sec. 209. State-supported routes. 
Sec. 210. Long-distance routes. 
Sec. 211. Northeast Corridor state-of-good-repair plan. 
Sec. 212. Northeast Corridor infrastructure and operations improvements. 
Sec. 213. Passenger train performance. 
Sec. 214. Alternate passenger rail service pilot program. 
Sec. 215. Employee transition assistance. 
Sec. 216. Special passenger trains. 
Sec. 217. Access to Amtrak equipment and services. 
Sec. 218. General Amtrak provisions. 
Sec. 219. Study of compliance requirements at existing intercity rail stations. 
Sec. 220. Oversight of Amtrak’s compliance with accessibility requirements. 
Sec. 221. Amtrak management accountability. 
Sec. 222. On-board service improvements. 
Sec. 223. Incentive pay. 
Sec. 224. Passenger rail service studies. 
Sec. 225. Report on service delays on certain passenger rail routes. 
Sec. 226. Plan for restoration of service. 
Sec. 227. Maintenance and repair facility utilization study. 
Sec. 228. Sense of the Congress regarding the need to maintain Amtrak as a na-
tional passenger rail system. 
TITLE III—INTERCITY PASSENGER RAIL POLICY 
Sec. 301. Capital assistance for intercity passenger rail service. 
Sec. 302. Congestion grants. 
Sec. 303. State rail plans. 
Sec. 304. Tunnel project. 
Sec. 305. Next generation corridor train equipment pool. 
Sec. 306. Rail cooperative research program. 
Sec. 307. Federal rail policy. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Commuter rail mediation. 
Sec. 402. Routing efficiency discussions with Amtrak. 
Sec. 403. Sense of Congress regarding commuter rail expansion. 
Sec. 404. Locomotive biofuel study. 
Sec. 405. Study of the use of biobased technologies. 
Sec. 406. Cross-border passenger rail service. 
Sec. 407. Historic preservation of railroads. 
TITLE V—HIGH-SPEED RAIL 
Sec. 501. High-speed rail corridor program. 
49 USC 20101 
note. 
Passenger Rail 
Investment and 
Improvement 
Act of 2008. 
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122 STAT. 4908 
PUBLIC LAW 110–432—OCT. 16, 2008 
Sec. 502. Additional high-speed rail projects. 
TITLE VI—CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR 
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
Sec. 601. Authorization for capital and preventive maintenance projects for Wash-
ington Metropolitan Area Transit Authority. 
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise specifically provided, whenever in this 
division an amendment is expressed in terms of an amendment 
to a section or other provision of law, the reference shall be consid-
ered to be made to a section or other provision of title 49, United 
States Code. 
SEC. 3. DEFINITION. 
In this division, the term ‘‘Secretary’’ means the Secretary 
of Transportation. 
TITLE I—AUTHORIZATIONS 
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING 
EXPENSES. 
(a) OPERATING GRANTS.—There are authorized to be appro-
priated to the Secretary for the use of Amtrak for operating costs 
the following amounts: 
(1) For fiscal year 2009, $530,000,000. 
(2) For fiscal year 2010, $580,000,000. 
(3) For fiscal year 2011, $592,000,000. 
(4) For fiscal year 2012, $616,000,000. 
(5) For fiscal year 2013, $631,000,000. 
(b) INSPECTOR GENERAL.—There are authorized to be appro-
priated to the Secretary for the Office of the Inspector General 
of Amtrak the following amounts: 
(1) For fiscal year 2009, $20,000,000. 
(2) For fiscal year 2010, $21,000,000. 
(3) For fiscal year 2011, $22,000,000. 
(4) For fiscal year 2012, $22,000,000. 
(5) For fiscal year 2013, $23,000,000. 
(c) CAPITAL GRANTS.—There are authorized to be appropriated 
to the Secretary for the use of Amtrak for capital projects (as 
defined in subparagraphs (A) and (B) of section 24401(2) of title 
49, United States Code) to bring the Northeast Corridor (as defined 
in section 24102 of such title) to a state-of-good-repair and for 
capital expenses of the national rail passenger transportation 
system the following amounts: 
(1) For fiscal year 2009, $715,000,000. 
(2) For fiscal year 2010, $975,000,000. 
(3) For fiscal year 2011, $1,025,000,000. 
(4) For fiscal year 2012, $1,275,000,000. 
(5) For fiscal year 2013, $1,325,000,000. 
(d) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may 
withhold up to 1⁄2 of 1 percent of amounts appropriated pursuant 
to subsection (c) for the costs of project management oversight 
of capital projects carried out by Amtrak. 
SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES. 
(a) PRINCIPAL
AND INTEREST
ON DEBT SERVICE.—There are 
authorized to be appropriated to the Secretary for the use of Amtrak 
49 USC 24101 
note. 
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122 STAT. 4909 
PUBLIC LAW 110–432—OCT. 16, 2008 
for retirement of principal and payment of interest on loans for 
capital equipment, or capital leases, not more than the following 
amounts: 
(1) For fiscal year 2009, $285,000,000. 
(2) For fiscal year 2010, $264,000,000. 
(3) For fiscal year 2011, $288,000,000. 
(4) For fiscal year 2012, $290,000,000. 
(5) For fiscal year 2013, $277,000,000. 
(b) EARLY BUYOUT OPTION.—There are authorized to be appro-
priated to the Secretary such sums as may be necessary for the 
use of Amtrak for the payment of costs associated with early buyout 
options if the exercise of those options is determined to be advan-
tageous to Amtrak. 
(c) LEGAL EFFECT OF PAYMENTS UNDER THIS SECTION.—The 
payment of principal and interest on secured debt, with the proceeds 
of grants authorized by this section shall not— 
(1) modify the extent or nature of any indebtedness of 
Amtrak to the United States in existence as of the date of 
enactment of this Act; 
(2) change the private nature of Amtrak’s or its successors’ 
liabilities; or 
(3) imply any Federal guarantee or commitment to amortize 
Amtrak’s outstanding indebtedness. 
SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD ADMINISTRA-
TION. 
There are authorized to be appropriated to the Secretary for 
the use of the Federal Railroad Administration such sums as nec-
essary to implement the provisions required under this division 
for fiscal years 2009 through 2013. 
TITLE II—AMTRAK REFORM AND 
OPERATIONAL IMPROVEMENTS 
SEC. 
201. 
NATIONAL 
RAILROAD 
PASSENGER 
TRANSPORTATION 
SYSTEM DEFINED. 
(a) IN GENERAL.—Section 24102 is amended— 
(1) by striking paragraph (2); 
(2) by redesignating paragraphs (3), (4), and (5) as para-
graphs (2), (3), and (4), respectively; and 
(3) by inserting after paragraph (4) as so redesignated 
the following: 
‘‘(5) 
‘national 
rail 
passenger 
transportation 
system’ 
means— 
‘‘(A) the segment of the continuous Northeast Corridor 
railroad line between Boston, Massachusetts, and Wash-
ington, District of Columbia; 
‘‘(B) rail corridors that have been designated by the 
Secretary of Transportation as high-speed rail corridors 
(other than corridors described in subparagraph (A)), but 
only after regularly scheduled intercity service over a cor-
ridor has been established; 
‘‘(C) long-distance routes of more than 750 miles 
between endpoints operated by Amtrak as of the date of 
enactment of the Passenger Rail Investment and Improve-
ment Act of 2008; and 
49 USC 24102. 
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122 STAT. 4910 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(D) short-distance corridors, or routes of not more 
than 750 miles between endpoints, operated by— 
‘‘(i) Amtrak; or 
‘‘(ii) another rail carrier that receives funds under 
chapter 244.’’. 
(b) AMTRAK ROUTES WITH STATE FUNDING.— 
(1) IN
GENERAL.—Chapter 247 is amended by inserting 
after section 24701 the following: 
‘‘§ 24702. Transportation requested by States, authorities, 
and other persons 
‘‘(a) CONTRACTS FOR TRANSPORTATION.—Amtrak may enter into 
a contract with a State, a regional or local authority, or another 
person for Amtrak to operate an intercity rail service or route 
not included in the national rail passenger transportation system 
upon such terms as the parties thereto may agree. 
‘‘(b) DISCONTINUANCE.—Upon termination of a contract entered 
into under this section, or the cessation of financial support under 
such a contract by either party, Amtrak may discontinue such 
service or route, notwithstanding any other provision of law.’’. 
(2) CONFORMING AMENDMENT.—The chapter analysis for 
chapter 247 is amended by inserting after the item relating 
to section 24701 the following: 
‘‘24702. Transportation requested by States, authorities, and other persons’’. 
(c) AMTRAK TO CONTINUE TO PROVIDE NON-HIGH-SPEED SERV-
ICES.—Nothing in this division is intended to preclude Amtrak 
from restoring, improving, or developing non-high-speed intercity 
passenger rail service. 
(d) APPLICABILITY
OF
SECTION
24706.—Section 24706 is 
amended by adding at the end the following: 
‘‘(c) APPLICABILITY.—This section applies to all service over 
routes provided by Amtrak, notwithstanding any provision of section 
24701 of this title or any other provision of this title except section 
24702(b).’’. 
(e) AMTRAK’S MISSION.— 
(1) AMENDMENTS.—Section 24101 is amended— 
(A) by striking ‘‘purpose’’ in the section heading and 
inserting ‘‘mission’’; 
(B) by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b) MISSION.—The mission of Amtrak is to provide efficient 
and effective intercity passenger rail mobility consisting of high 
quality service that is trip-time competitive with other intercity 
travel options and that is consistent with the goals of subsection 
(d).’’; 
(C) by redesignating paragraphs (9) through (11) in 
subsection (c) as paragraphs (10) through (12), respectively, 
and inserting after paragraph (8) the following: 
‘‘(9) provide additional or complementary intercity transpor-
tation service to ensure mobility in times of national disaster 
or other instances where other travel options are not adequately 
available;’’; and 
(D) in subsection (d), by striking ‘‘subsection (c)(11)’’ 
and inserting ‘‘subsection (c)(12)’’. 
49 USC 24706. 
49 USC 24101 
note. 
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122 STAT. 4911 
PUBLIC LAW 110–432—OCT. 16, 2008 
(2) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 241 is amended by striking the item relating to section 
24101 and inserting the following: 
‘‘24101. Findings, mission, and goals.’’. 
SEC. 202. AMTRAK BOARD OF DIRECTORS. 
(a) IN GENERAL.—Section 24302 is amended to read as follows: 
‘‘§ 24302. Board of directors 
‘‘(a) COMPOSITION AND TERMS.— 
‘‘(1) The Amtrak Board of Directors (referred to in this 
section as the ‘Board’) is composed of the following 9 directors, 
each of whom must be a citizen of the United States: 
‘‘(A) The Secretary of Transportation. 
‘‘(B) The President of Amtrak. 
‘‘(C) 7 individuals appointed by the President of the 
United States, by and with the advice and consent of the 
Senate, with general business and financial experience, 
experience or qualifications in transportation, freight and 
passenger rail transportation, travel, hospitality, cruise 
line, or passenger air transportation businesses, or rep-
resentatives of employees or users of passenger rail 
transportation or a State government. 
‘‘(2) In selecting individuals described in paragraph (1) 
for nominations for appointments to the Board, the President 
shall consult with the Speaker of the House of Representatives, 
the minority leader of the House of Representatives, the 
majority leader of the Senate, and the minority leader of the 
Senate and try to provide adequate and balanced representation 
of the major geographic regions of the United States served 
by Amtrak. 
‘‘(3) An individual appointed under paragraph (1)(C) of 
this subsection shall be appointed for a term of 5 years. Such 
term may be extended until the individual’s successor is 
appointed and qualified. Not more than 5 individuals appointed 
under paragraph (1)(C) may be members of the same political 
party. 
‘‘(4) The Board shall elect a chairman and a vice chairman, 
other than the President of Amtrak, from among its member-
ship. The vice chairman shall serve as chairman in the absence 
of the chairman. 
‘‘(5) The Secretary may be represented at Board meetings 
by the Secretary’s designee. 
‘‘(b) PAY AND EXPENSES.—Each director not employed by the 
United States Government or Amtrak is entitled to reasonable 
pay when performing Board duties. Each director not employed 
by the United States Government is entitled to reimbursement 
from Amtrak for necessary travel, reasonable secretarial and profes-
sional staff support, and subsistence expenses incurred in attending 
Board meetings. 
‘‘(c) TRAVEL.—(1) Each director not employed by the United 
States Government shall be subject to the same travel and 
reimbursable business travel expense policies and guidelines that 
apply to Amtrak’s executive management when performing Board 
duties. 
President. 
Consultation. 
President. 
49 USC 24302. 
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122 STAT. 4912 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(2) Not later than 60 days after the end of each fiscal year, 
the Board shall submit a report describing all travel and reimburs-
able business travel expenses paid to each director when performing 
Board duties to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
‘‘(3) The report submitted under paragraph (2) shall include 
a detailed justification for any travel or reimbursable business 
travel expense that deviates from Amtrak’s travel and reimbursable 
business travel expense policies and guidelines. 
‘‘(d) VACANCIES.—A vacancy on the Board is filled in the same 
way as the original selection, except that an individual appointed 
by the President of the United States under subsection (a)(1)(C) 
of this section to fill a vacancy occurring before the end of the 
term for which the predecessor of that individual was appointed 
is appointed for the remainder of that term. A vacancy required 
to be filled by appointment under subsection (a)(1)(C) must be 
filled not later than 120 days after the vacancy occurs. 
‘‘(e) QUORUM.—A majority of the members serving shall con-
stitute a quorum for doing business. 
‘‘(f) BYLAWS.—The Board may adopt and amend bylaws gov-
erning the operation of Amtrak. The bylaws shall be consistent 
with this part and the articles of incorporation.’’. 
(b) EFFECTIVE DATE FOR DIRECTORS’ PROVISION.—The amend-
ment made by subsection (a) shall take effect 6 months after the 
date of enactment of this Act. The members of the Amtrak Board 
of Directors serving as of the date of enactment of this Act may 
continue to serve for the remainder of the term to which they 
were appointed. 
SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING 
SYSTEM. 
(a) IN GENERAL.—The Amtrak Board of Directors— 
(1) may employ an independent financial consultant with 
experience in railroad accounting to assist Amtrak in improving 
Amtrak’s financial accounting and reporting system and prac-
tices; 
(2) shall implement a modern financial accounting and 
reporting system not later than 3 years after the date of enact-
ment of this Act; and 
(3) shall, not later than 90 days after the end of each 
fiscal year through fiscal year 2013— 
(A) 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 comprehensive report that allocates all of 
Amtrak’s revenues and costs to each of its routes, each 
of its lines of business, and each major activity within 
each route and line of business activity, including— 
(i) train operations; 
(ii) equipment maintenance; 
(iii) food service; 
(iv) sleeping cars; 
(v) ticketing; 
(vi) reservations; and 
(vii) unallocated fixed overhead costs; 
Reports. 
Deadlines. 
49 USC 24101 
note. 
Deadline. 
Deadline. 
Reports. 
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122 STAT. 4913 
PUBLIC LAW 110–432—OCT. 16, 2008 
(B) include the report described in subparagraph (A) 
in Amtrak’s annual report; and 
(C) post such report on Amtrak’s website. 
(b) VERIFICATION OF SYSTEM; REPORT.—The Inspector General 
of the Department of Transportation shall review the accounting 
system designed and implemented under subsection (a) to ensure 
that it accomplishes the purposes for which it is intended. The 
Inspector General shall report his or her findings and conclusions, 
together with any recommendations, to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate. 
(c) CATEGORIZATION OF REVENUES AND EXPENSES.—In carrying 
out subsection (a), the Amtrak Board of Directors shall separately 
categorize assigned revenues and attributable expenses by type 
of service, including long-distance routes, State-sponsored routes, 
commuter contract routes, and Northeast Corridor routes. 
SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN. 
(a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—The Amtrak 
Board of Directors shall submit an annual budget and business 
plan for Amtrak, and a 5-year financial plan for the fiscal year 
to which that budget and business plan relate and the subsequent 
4 years, prepared in accordance with this section, to the Secretary 
and the Inspector General of the Department of Transportation 
no later than— 
(1) the first day of each fiscal year beginning after the 
date of enactment of this Act; or 
(2) the date that is 60 days after the date of enactment 
of an appropriations Act for the fiscal year, if later. 
(b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 5-year financial 
plan for Amtrak shall include, at a minimum— 
(1) all projected revenues and expenditures for Amtrak, 
including governmental funding sources; 
(2) projected ridership levels for all Amtrak passenger oper-
ations; 
(3) revenue and expenditure forecasts for non-passenger 
operations; 
(4) capital funding requirements and expenditures nec-
essary to maintain passenger service in order to accommodate 
predicted ridership levels and predicted sources of capital 
funding; 
(5) operational funding needs, if any, to maintain current 
and projected levels of passenger service, including State-sup-
ported routes and predicted funding sources; 
(6) projected capital and operating requirements, ridership, 
and revenue for any new passenger service operations or service 
expansions; 
(7) an assessment of the continuing financial stability of 
Amtrak, as indicated by factors such as anticipated Federal 
funding of capital and operating costs, Amtrak’s ability to effi-
ciently recruit, retain, and manage its workforce, and Amtrak’s 
ability to effectively provide passenger rail service; 
(8) estimates of long-term and short-term debt and associ-
ated principal and interest payments (both current and antici-
pated); 
(9) annual cash flow forecasts; 
Deadline. 
49 USC 24101 
note. 
Web site. 
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122 STAT. 4914 
PUBLIC LAW 110–432—OCT. 16, 2008 
(10) a statement describing methods of estimation and 
significant assumptions; 
(11) specific measures that demonstrate measurable 
improvement year over year in the financial results of Amtrak’s 
operations; 
(12) prior fiscal year and projected operating ratio, cash 
operating loss, and cash operating loss per passenger on a 
route, business line, and corporate basis; 
(13) prior fiscal year and projected specific costs and 
savings estimates resulting from reform initiatives; 
(14) prior fiscal year and projected labor productivity statis-
tics on a route, business line, and corporate basis; 
(15) prior fiscal year and projected equipment reliability 
statistics; and 
(16) capital and operating expenditures for anticipated 
security needs. 
(c) STANDARDS TO PROMOTE FINANCIAL STABILITY.—In meeting 
the requirements of subsection (b), Amtrak shall— 
(1) apply sound budgetary practices, including reducing 
costs 
and 
other 
expenditures, 
improving 
productivity, 
increasing revenues, or combinations of such practices; 
(2) use the categories specified in the financial accounting 
and reporting system developed under section 203 when pre-
paring its 5-year financial plan; and 
(3) ensure that the plan is consistent with the authoriza-
tions of appropriations under title I of this division. 
(d) REVIEW BY DOT INSPECTOR GENERAL.—Within 60 days after 
their submission by Amtrak, the Inspector General of the Depart-
ment of Transportation shall review the annual budget and the 
5-year financial plans prepared by Amtrak under this section to 
determine whether they meet the requirements of subsection (b) 
and shall furnish any relevant findings to the Committee on 
Transportation and Infrastructure of the House of Representatives, 
the Committee on Appropriations of the House of Representatives, 
the Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Appropriations of the Senate. 
SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES. 
(a) IN GENERAL.—The Secretary of the Treasury, in consultation 
with the Secretary and Amtrak, may make agreements to restruc-
ture Amtrak’s indebtedness as of the date of enactment of this 
Act. This authorization expires 2 years after the date of enactment 
of this Act. 
(b) DEBT RESTRUCTURING.—The Secretary of the Treasury, in 
consultation with the Secretary and Amtrak, shall enter into nego-
tiations with the holders of Amtrak debt, including leases, out-
standing as of the date of enactment of this Act for the purpose 
of restructuring (including repayment) and repaying that debt. The 
Secretary of the Treasury may secure agreements for restructuring 
or repayment on such terms as the Secretary of the Treasury 
deems favorable to the interests of the United States Government. 
(c) CRITERIA.—In restructuring Amtrak’s indebtedness, the Sec-
retary of the Treasury and Amtrak— 
(1) shall take into consideration repayment costs, the term 
of any loan or loans, and market conditions; and 
(2) shall ensure that the restructuring results in significant 
savings to Amtrak and the United States Government. 
Expiration date. 
49 USC 24101 
note. 
Deadline. 
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122 STAT. 4915 
PUBLIC LAW 110–432—OCT. 16, 2008 
(d) PAYMENT OF RENEGOTIATED DEBT.—If the criteria under 
subsection (c) are met, the Secretary of the Treasury may assume 
or repay the restructured debt, as appropriate. 
(e) AMTRAK PRINCIPAL AND INTEREST PAYMENTS.— 
(1) PRINCIPAL ON DEBT SERVICE.—Unless the Secretary of 
the Treasury makes sufficient payments to creditors under 
subsection (d) so that Amtrak is required to make no payments 
to creditors in a fiscal year, the Secretary shall use funds 
authorized by section 102 of this division for the use of Amtrak 
for retirement of principal or payment of interest on loans 
for capital equipment, or capital leases. 
(2) REDUCTIONS
IN
AUTHORIZATION
LEVELS.—Whenever 
action taken by the Secretary of the Treasury under subsection 
(a) results in reductions in amounts of principal or interest 
that Amtrak must service on existing debt, the corresponding 
amounts authorized by section 102 shall be reduced accordingly. 
(f) LEGAL EFFECT OF PAYMENTS UNDER THIS SECTION.—The 
payment of principal and interest on secured debt, other than 
debt assumed under subsection (d), with the proceeds of grants 
under subsection (e) shall not— 
(1) modify the extent or nature of any indebtedness of 
Amtrak to the United States in existence as of the date of 
enactment of this Act; 
(2) change the private nature of Amtrak’s or its successors’ 
liabilities; or 
(3) imply any Federal guarantee or commitment to amortize 
Amtrak’s outstanding indebtedness. 
(g) SECRETARY APPROVAL.—Amtrak may not incur more debt 
after the date of enactment of this Act without the express advance 
approval of the Secretary. 
(h) REPORT.—The Secretary of the Treasury shall transmit 
a report to the Committee on Transportation and Infrastructure 
of the House of Representatives, the Committee on Appropriations 
of the House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee 
on Appropriations of the Senate, by June 1, 2010— 
(1) describing in detail any agreements to restructure the 
Amtrak debt; and 
(2) providing an estimate of the savings to Amtrak and 
the United States Government. 
SEC. 206. ESTABLISHMENT OF GRANT PROCESS. 
(a) GRANT REQUESTS.—Amtrak shall submit grant requests 
(including a schedule for the disbursement of funds), consistent 
with the requirements of this division, to the Secretary for funds 
authorized to be appropriated to the Secretary for the use of Amtrak 
under sections 101(a), (b), and (c), 102, 219(b), and 302. 
(b) PROCEDURES FOR GRANT REQUESTS.—The Secretary shall 
establish substantive and procedural requirements, including sched-
ules, for grant requests under this section not later than 30 days 
after the date of enactment of this Act and shall transmit copies 
of such requirements and schedules to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate. As part of those requirements, the Secretary shall require, 
at a minimum, that Amtrak deposit grant funds, consistent with 
Requirements. 
Deadline. 
49 USC 24101 
note. 
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122 STAT. 4916 
PUBLIC LAW 110–432—OCT. 16, 2008 
the appropriated amounts for each area of expenditure in a given 
fiscal year, in the following 2 accounts: 
(1) The Amtrak Operating account. 
(2) The Amtrak General Capital account. 
Amtrak may not transfer such funds to another account or expend 
such funds for any purpose other than the purposes covered by 
the account in which the funds are deposited without approval 
by the Secretary. 
(c) REVIEW AND APPROVAL.— 
(1) 30-DAY APPROVAL PROCESS.—The Secretary shall com-
plete the review of a grant request (including the disbursement 
schedule) and approve or disapprove the request within 30 
days after the date on which Amtrak submits the grant request. 
If the Secretary disapproves the request or determines that 
the request is incomplete or deficient, the Secretary shall 
include the reason for disapproval or the incomplete items 
or deficiencies in a notice to Amtrak. 
(2) 15-DAY MODIFICATION PERIOD.—Within 15 days after 
receiving notification from the Secretary under the preceding 
sentence, Amtrak shall submit a modified request for the Sec-
retary’s review. 
(3) REVISED
REQUESTS.—Within 15 days after receiving 
a modified request from Amtrak, the Secretary shall either 
approve the modified request, or, if the Secretary finds that 
the request is still incomplete or deficient, the Secretary shall 
identify in writing to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
the remaining deficiencies and recommend a process for 
resolving the outstanding portions of the request. 
SEC. 207. METRICS AND STANDARDS. 
(a) IN GENERAL.—Within 180 days after the date of enactment 
of this Act, the Federal Railroad Administration and Amtrak shall 
jointly, in consultation with the Surface Transportation Board, rail 
carriers over whose rail lines Amtrak trains operate, States, Amtrak 
employees, nonprofit employee organizations representing Amtrak 
employees, and groups representing Amtrak passengers, as appro-
priate, develop new or improve existing metrics and minimum 
standards for measuring the performance and service quality of 
intercity passenger train operations, including cost recovery, on- 
time performance and minutes of delay, ridership, on-board services, 
stations, facilities, equipment, and other services. Such metrics, 
at a minimum, shall include the percentage of avoidable and fully 
allocated operating costs covered by passenger revenues on each 
route, ridership per train mile operated, measures of on-time 
performance and delays incurred by intercity passenger trains on 
the rail lines of each rail carrier and, for long-distance routes, 
measures of connectivity with other routes in all regions currently 
receiving Amtrak service and the transportation needs of commu-
nities and populations that are not well-served by other forms 
of intercity transportation. Amtrak shall provide reasonable access 
to the Federal Railroad Administration in order to enable the 
Administration to carry out its duty under this section. 
(b) QUARTERLY REPORTS.—The Administrator of the Federal 
Railroad Administration shall collect the necessary data and publish 
Publication. 
Deadline. 
49 USC 24101 
note. 
Notification. 
Deadlines. 
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122 STAT. 4917 
PUBLIC LAW 110–432—OCT. 16, 2008 
a quarterly report on the performance and service quality of inter-
city passenger train operations, including Amtrak’s cost recovery, 
ridership, on-time performance and minutes of delay, causes of 
delay, on-board services, stations, facilities, equipment, and other 
services. 
(c) CONTRACTS WITH HOST RAIL CARRIERS.—To the extent prac-
ticable, Amtrak and its host rail carriers shall incorporate the 
metrics and standards developed under subsection (a) into their 
access and service agreements. 
(d) ARBITRATION.—If the development of the metrics and stand-
ards is not completed within the 180-day period required by sub-
section (a), any party involved in the development of those standards 
may petition the Surface Transportation Board to appoint an arbi-
trator to assist the parties in resolving their disputes through 
binding arbitration. 
SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLAN-
NING DECISIONS. 
(a) METHODOLOGY DEVELOPMENT.—Within 180 days after the 
date of enactment of this Act, the Federal Railroad Administration 
shall obtain the services of a qualified independent entity to develop 
and recommend objective methodologies for Amtrak to use in deter-
mining what intercity passenger routes and services it will provide, 
including the establishment of new routes, the elimination of 
existing routes, and the contraction or expansion of services or 
frequencies over such routes. In developing such methodologies, 
the entity shall consider— 
(1) the current or expected performance and service quality 
of intercity passenger train operations, including cost recovery, 
on-time performance and minutes of delay, ridership, on-board 
services, stations, facilities, equipment, and other services; 
(2) connectivity of a route with other routes; 
(3) the transportation needs of communities and popu-
lations that are not well served by intercity passenger rail 
service or by other forms of intercity transportation; 
(4) Amtrak’s and other major intercity passenger rail 
service providers in other countries’ methodologies for deter-
mining intercity passenger rail routes and services; and 
(5) the views of the States and other interested parties. 
(b) SUBMITTAL TO CONGRESS.—Within 1 year after the date 
of enactment of this Act, the entity shall submit recommendations 
developed under subsection (a) to Amtrak, the Committee on 
Transportation and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science, and Transportation of 
the Senate. 
(c) CONSIDERATION
OF RECOMMENDATIONS.—Within 90 days 
after receiving the recommendations developed under subsection 
(a) by the entity, the Amtrak Board of Directors shall consider 
the adoption of those recommendations. The Board shall transmit 
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 explaining its reasons 
for adopting or not adopting the recommendations. 
SEC. 209. STATE-SUPPORTED ROUTES. 
(a) IN GENERAL.—Within 2 years after the date of enactment 
of this Act, the Amtrak Board of Directors, in consultation with 
the Secretary, the governors of each relevant State, and the Mayor 
Deadline. 
49 USC 24101 
note. 
Reports. 
Recommenda- 
tions. 
Deadlines. 
49 USC 24101 
note. 
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122 STAT. 4918 
PUBLIC LAW 110–432—OCT. 16, 2008 
of the District of Columbia, or entities representing those officials, 
shall develop and implement a single, nationwide standardized 
methodology for establishing and allocating the operating and cap-
ital costs among the States and Amtrak associated with trains 
operated on each of the routes described in section 24102(5)(B) 
and (D) and section 24702 that— 
(1) ensures, within 5 years after the date of enactment 
of this Act, equal treatment in the provision of like services 
of all States and groups of States (including the District of 
Columbia); and 
(2) allocates to each route the costs incurred only for the 
benefit of that route and a proportionate share, based upon 
factors that reasonably reflect relative use, of costs incurred 
for the common benefit of more than 1 route. 
(b) REVISIONS.—The Amtrak Board of Directors, in consultation 
with the Secretary, the governors of each relevant State, and the 
Mayor of the District of Columbia, or entities representing those 
officials, may revise or amend the methodology established under 
subsection (a) as necessary, consistent with the intent of this sec-
tion, including revisions or modifications based on Amtrak’s finan-
cial accounting system developed pursuant to section 203 of this 
division. 
(c) REVIEW.—If Amtrak and the States (including the District 
of Columbia) in which Amtrak operates such routes do not volun-
tarily adopt and implement the methodology developed under sub-
section (a) in allocating costs and determining compensation for 
the provision of service in accordance with the date established 
therein, the Surface Transportation Board shall determine the 
appropriate methodology required under subsection (a) for such 
services in accordance with the procedures and procedural schedule 
applicable to a proceeding under section 24904(c) of title 49, United 
States Code, and require the full implementation of this method-
ology with regards to the provision of such service within 1 year 
after the Board’s determination of the appropriate methodology. 
(d) USE OF CHAPTER 244 FUNDS.—Funds provided to a State 
under chapter 244 of title 49, United States Code, may be used, 
as provided in that chapter, to pay capital costs determined in 
accordance with this section. 
SEC. 210. LONG-DISTANCE ROUTES. 
(a) IN GENERAL.—Chapter 247 is amended by adding at the 
end thereof the following: 
‘‘§ 24710. Long-distance routes 
‘‘(a) ANNUAL EVALUATION.—Using the financial and perform-
ance metrics developed under section 207 of the Passenger Rail 
Investment and Improvement Act of 2008, Amtrak shall— 
‘‘(1) evaluate annually the financial and operating perform-
ance of each long-distance passenger rail route operated by 
Amtrak; and 
‘‘(2) rank the overall performance of such routes for 2008 
and identify each long-distance passenger rail route operated 
by Amtrak in 2008 according to its overall performance as 
belonging to the best performing third of such routes, the 
second best performing third of such routes, or the worst per-
forming third of such routes. 
Deadline. 
Deadline. 
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122 STAT. 4919 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(b) PERFORMANCE IMPROVEMENT PLAN.—Amtrak shall develop 
and post on its website a performance improvement plan for its 
long-distance passenger rail routes to achieve financial and oper-
ating improvements based on the data collected through the applica-
tion of the financial and performance metrics developed under sec-
tion 207 of that Act. The plan shall address— 
‘‘(1) on-time performance; 
‘‘(2) scheduling, frequency, routes, and stops; 
‘‘(3) the feasibility of restructuring service into connected 
corridor service; 
‘‘(4) performance-related equipment changes and capital 
improvements; 
‘‘(5) on-board amenities and service, including food, first 
class, and sleeping car service; 
‘‘(6) State or other non-Federal financial contributions; 
‘‘(7) improving financial performance; 
‘‘(8) anticipated Federal funding of operating and capital 
costs; and 
‘‘(9) other aspects of Amtrak’s long-distance passenger rail 
routes that affect the financial, competitive, and functional 
performance of service on Amtrak’s long-distance passenger 
rail routes. 
‘‘(c) IMPLEMENTATION.—Amtrak shall implement the perform-
ance improvement plan developed under subsection (b)— 
‘‘(1) beginning in fiscal year 2010 for those routes identified 
as being in the worst performing third under subsection (a)(2); 
‘‘(2) beginning in fiscal year 2011 for those routes identified 
as being in the second best performing third under subsection 
(a)(2); and 
‘‘(3) beginning in fiscal year 2012 for those routes identified 
as being in the best performing third under subsection (a)(2). 
‘‘(d) ENFORCEMENT.—The Federal Railroad Administration shall 
monitor the development, implementation, and outcome of improve-
ment plans under this section. If the Federal Railroad Administra-
tion determines that Amtrak is not making reasonable progress 
in implementing its performance improvement plan or, after the 
performance improvement plan is implemented under subsection 
(c)(1) in accordance with the terms of that plan, Amtrak has not 
achieved the outcomes it has established for such routes, under 
the plan for any calendar year, the Federal Railroad Administra-
tion— 
‘‘(1) shall notify Amtrak, the Inspector General of the 
Department of Transportation, the Committee on Transpor-
tation and Infrastructure of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation of 
the Senate of its determination under this subsection; 
‘‘(2) shall provide Amtrak with an opportunity for a hearing 
with respect to that determination; and 
‘‘(3) may withhold appropriated funds otherwise available 
to Amtrak for the operation of a route or routes from among 
the worst performing third of routes currently served by Amtrak 
on which Amtrak is not making reasonable progress, other 
than funds made available for passenger safety or security 
measures.’’. 
Notification. 
Web site. 
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122 STAT. 4920 
PUBLIC LAW 110–432—OCT. 16, 2008 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 247 is amended by inserting after the item relating to 
section 24709 the following: 
‘‘24710. Long distance routes.’’. 
SEC. 211. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN. 
(a) IN GENERAL.—Within 6 months after the date of enactment 
of this Act, Amtrak, in consultation with the Secretary and the 
States (including the District of Columbia) that make up the North-
east Corridor (as defined in section 24102 of title 49, United States 
Code), shall prepare a capital spending plan for capital projects 
required to return the railroad right-of-way (including track, signals, 
and auxiliary structures), facilities, stations, and equipment, of 
the Northeast Corridor main line to a state-of-good-repair by the 
end of fiscal year 2018, consistent with the funding levels authorized 
in this division, and shall submit the plan to the Secretary. 
(b) REVIEW AND APPROVAL BY THE SECRETARY.— 
(1) 60-DAY APPROVAL PROCESS.—The Secretary shall com-
plete the review of the capital spending plan and approve 
or disapprove the plan within 60 days after the date on which 
Amtrak submits the plan. During review, the Secretary may 
seek comments from the Commission established under section 
24905 of title 49, United States Code, and other Northeast 
Corridor users regarding the plan. If the Secretary disapproves 
the plan or determines that the plan is incomplete or deficient, 
the Secretary shall include the reason for disapproval or the 
incomplete items or deficiencies in a notice to Amtrak. 
(2) 15-DAY MODIFICATION PERIOD.—Within 15 days after 
receiving notification from the Secretary under paragraph (1), 
Amtrak shall submit a modified plan for the Secretary’s review. 
(3) REVISED
REQUESTS.—Within 15 days after receiving 
a modified plan from Amtrak, the Secretary shall either approve 
the modified plan, or, if the Secretary finds that the plan 
is still incomplete or deficient, the Secretary shall identify 
in writing to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate the 
remaining deficiencies and recommend a process for resolving 
the outstanding portions of the plan. 
(c) PLAN UPDATES.—The plan shall be updated at least annually 
and the Secretary shall review and approve such updates, in accord-
ance with the procedures described in subsection (b). 
(d) GRANTS.—The Secretary shall make grants to Amtrak with 
funds authorized by section 101(c) for Northeast Corridor capital 
investments contained within the capital spending plan prepared 
by Amtrak and approved by the Secretary. 
(e) OVERSIGHT.—Using the funds authorized by section 101(d), 
the Secretary shall review Amtrak’s capital expenditures funded 
by this section to ensure that such expenditures are consistent 
with the capital spending plan and that Amtrak is providing ade-
quate project management oversight and fiscal controls. 
(f) ELIGIBILITY
OF
EXPENDITURES.—The Federal share of 
expenditures for capital improvements under this section may not 
exceed 100 percent. 
Deadline. 
Deadlines. 
Deadline. 
49 USC 24902 
note. 
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122 STAT. 4921 
PUBLIC LAW 110–432—OCT. 16, 2008 
SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
IMPROVEMENTS. 
(a) IN GENERAL.—Section 24905 is amended to read as follows: 
‘‘§ 24905. Northeast Corridor Infrastructure and Operations 
Advisory Commission; Safety Committee 
‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
ADVISORY COMMISSION.— 
‘‘(1) Within 180 days after the date of enactment of the 
Passenger Rail Investment and Improvement Act of 2008, the 
Secretary of Transportation shall establish a Northeast Cor-
ridor Infrastructure and Operations Advisory Commission 
(referred to in this section as the ‘Commission’) to promote 
mutual cooperation and planning pertaining to the rail oper-
ations and related activities of the Northeast Corridor. The 
Commission shall be made up of— 
‘‘(A) members representing Amtrak; 
‘‘(B) 
members 
representing 
the 
Department 
of 
Transportation, including the Federal Railroad Administra-
tion; 
‘‘(C) 1 member from each of the States (including the 
District of Columbia) that constitute the Northeast Corridor 
as defined in section 24102, designated by, and serving 
at the pleasure of, the chief executive officer thereof; and 
‘‘(D) non-voting representatives of freight railroad car-
riers using the Northeast Corridor selected by the Sec-
retary. 
‘‘(2) The Secretary shall ensure that the membership 
belonging to any of the groups enumerated under paragraph 
(1) shall not constitute a majority of the Commission’s member-
ships. 
‘‘(3) The Commission shall establish a schedule and location 
for convening meetings, but shall meet no less than four times 
per fiscal year, and the Commission shall develop rules and 
procedures to govern the Commission’s proceedings. 
‘‘(4) A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made. 
‘‘(5) Members shall serve without pay but shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with sections 5702 and 5703 of title 5. 
‘‘(6) The Chairman of the Commission shall be elected 
by the members. 
‘‘(7) The Commission may appoint and fix the pay of such 
personnel as it considers appropriate. 
‘‘(8) Upon request of the Commission, the head of any 
department or agency of the United States may detail, on 
a reimbursable basis, any of the personnel of that department 
or agency to the Commission to assist it in carrying out its 
duties under this section. 
‘‘(9) Upon the request of the Commission, the Administrator 
of General Services shall provide to the Commission, on a 
reimbursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities under 
this section. 
‘‘(10) The Commission shall consult with other entities 
as appropriate. 
‘‘(b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 
Consultation. 
Rules. 
Procedures. 
Deadline. 
Establishment. 
49 USC 24905. 
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122 STAT. 4922 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(1) STATEMENT OF GOALS.—The Commission shall develop 
a statement of goals concerning the future of Northeast Corridor 
rail infrastructure and operations based on achieving expanded 
and improved intercity, commuter, and freight rail services 
operating with greater safety and reliability, reduced travel 
times, increased frequencies and enhanced intermodal connec-
tions designed to address airport and highway congestion, 
reduce transportation energy consumption, improve air quality, 
and increase economic development of the Northeast Corridor 
region. 
‘‘(2) RECOMMENDATIONS.—The Commission shall develop 
recommendations based on the statement developed under this 
section addressing, as appropriate— 
‘‘(A) short-term and long-term capital investment needs 
beyond those specified in the state-of-good-repair plan 
under section 211 of the Passenger Rail Investment and 
Improvement Act of 2008; 
‘‘(B) future funding requirements for capital improve-
ments and maintenance; 
‘‘(C) operational improvements of intercity passenger 
rail, commuter rail, and freight rail services; 
‘‘(D) opportunities for additional non-rail uses of the 
Northeast Corridor; 
‘‘(E) scheduling and dispatching; 
‘‘(F) safety and security enhancements; 
‘‘(G) equipment design; 
‘‘(H) marketing of rail services; 
‘‘(I) future capacity requirements; and 
‘‘(J) potential funding and financing mechanisms for 
projects of corridor-wide significance. 
‘‘(c) ACCESS COSTS.— 
‘‘(1) DEVELOPMENT OF FORMULA.—Within 2 years after the 
date of enactment of the Passenger Rail Investment and 
Improvement Act of 2008, the Commission shall— 
‘‘(A) develop a standardized formula for determining 
and allocating costs, revenues, and compensation for North-
east Corridor commuter rail passenger transportation, as 
defined in section 24102 of this title, on the Northeast 
Corridor main line between Boston, Massachusetts, and 
Washington, District of Columbia, and the Northeast Cor-
ridor branch lines connecting to Harrisburg, Pennsylvania, 
Springfield, Massachusetts, and Spuyten Duyvil, New York, 
that use Amtrak facilities or services or that provide such 
facilities or services to Amtrak that ensures that— 
‘‘(i) there is no cross-subsidization of commuter 
rail passenger, intercity rail passenger, or freight rail 
transportation; 
‘‘(ii) each service is assigned the costs incurred 
only for the benefit of that service, and a proportionate 
share, based upon factors that reasonably reflect rel-
ative use, of costs incurred for the common benefit 
of more than 1 service; and 
‘‘(iii) all financial contributions made by an oper-
ator of a service that benefit an infrastructure owner 
other than the operator are considered, including but 
not limited to, any capital infrastructure investments 
and in-kind services; 
Deadline. 
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122 STAT. 4923 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(B) develop a proposed timetable for implementing 
the formula before the end of the 6th year following the 
date of enactment of that Act; 
‘‘(C) transmit the proposed timetable to the Surface 
Transportation Board; and 
‘‘(D) at the request of a Commission member, petition 
the Surface Transportation Board to appoint a mediator 
to assist the Commission members through non-binding 
mediation to reach an agreement under this section. 
‘‘(2) IMPLEMENTATION.—Amtrak and public authorities pro-
viding commuter rail passenger transportation on the Northeast 
Corridor shall implement new agreements for usage of facilities 
or services based on the formula proposed in paragraph (1) 
in accordance with the timetable established therein. If the 
entities fail to implement such new agreements in accordance 
with the timetable, the Commission shall petition the Surface 
Transportation Board to determine the appropriate compensa-
tion amounts for such services in accordance with section 
24904(c) of this title. The Surface Transportation Board shall 
enforce its determination on the party or parties involved. 
‘‘(3) REVISIONS.—The Commission may make necessary 
revisions to the formula developed under paragraph (1), 
including revisions based on Amtrak’s financial accounting 
system developed pursuant to section 203 of the Passenger 
Rail Investment and Improvement Act of 2008. 
‘‘(d) TRANSMISSION OF STATEMENT OF GOALS AND RECOMMENDA-
TIONS.—The Commission shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives— 
‘‘(1) the statement of goals developed under subsection 
(b) within 1 year after the date of enactment of the Passenger 
Rail Investment and Improvement Act of 2008; and 
‘‘(2) the recommendations developed under subsection (b) 
and the formula and timetable developed under subsection 
(c)(1) annually. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Commission such sums as may be nec-
essary for the period encompassing fiscal years 2009 through 2013 
to carry out this section. 
‘‘(f) NORTHEAST CORRIDOR SAFETY COMMITTEE.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a North-
east Corridor Safety Committee composed of members 
appointed by the Secretary. The members shall be representa-
tives of— 
‘‘(A) the Department of Transportation, including the 
Federal Railroad Administration; 
‘‘(B) Amtrak; 
‘‘(C) freight carriers operating more than 150,000 train 
miles a year on the main line of the Northeast Corridor; 
‘‘(D) commuter rail agencies; 
‘‘(E) rail passengers; 
‘‘(F) rail labor; and 
‘‘(G) other individuals and organizations the Secretary 
decides have a significant interest in rail safety or security. 
‘‘(2) FUNCTION; MEETINGS.—The Secretary shall consult 
with the Committee about safety and security improvements 
Consultation. 
Establishment. 
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122 STAT. 4924 
PUBLIC LAW 110–432—OCT. 16, 2008 
on the Northeast Corridor main line. The Committee shall 
meet at least two times per year to consider safety and security 
matters on the main line. 
‘‘(3) REPORT.—At the beginning of the first session of each 
Congress, the Secretary shall submit a report to the Commis-
sion and to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on the 
status of efforts to improve safety and security on the Northeast 
Corridor main line. The report shall include the safety and 
security recommendations of the Committee and the comments 
of the Secretary on those recommendations.’’. 
(b) CONFORMING AMENDMENTS.—(1) The item relating to section 
24905 in the table of sections of chapter 249 is amended to read 
as follows: 
‘‘24905. Northeast Corridor Infrastructure and Operations Advisory Commission; 
Safety Committee.’’. 
(2) Section 24904(c)(2) is amended by— 
(A) 
inserting 
‘‘commuter 
rail 
passenger 
and’’ 
after 
‘‘between’’; and 
(B) striking ‘‘freight’’ in the second sentence. 
(c) RIDOT ACCESS AGREEMENT.— 
(1) IN
GENERAL.—Not later than July 1, 2009, Amtrak 
and the Rhode Island Department of Transportation shall enter 
into an agreement governing access fees and other costs or 
charges related to the operation of the South County commuter 
rail service on the Northeast Corridor between Providence and 
Wickford Junction, Rhode Island. 
(2) FAILURE TO REACH AGREEMENT.—If Amtrak and the 
Rhode Island Department of Transportation fail to reach the 
agreement specified under paragraph (1), the Administrator 
of the Federal Railroad Administration shall, after consultation 
with both parties, resolve any outstanding disagreements 
between the parties, including setting access fees and other 
costs or charges related to the operation of the South County 
commuter rail service that do not allow for the cross-subsidiza-
tion of intercity rail passenger and commuter rail passenger 
service, not later than January 1, 2010. 
(3) INTERIM
ACCESS
COSTS.—Any agreement between 
Amtrak and the Rhode Island Department of Transportation 
relating to access costs made under this subsection shall be 
superseded by any access cost formula developed by the North-
east Corridor Infrastructure and Operations Advisory Commis-
sion under section 24905(c)(1) of title 49, United States Code, 
as amended by subsection (a) of this section. 
(d) HIGH-SPEED SERVICE STUDY.— 
(1) IN GENERAL.—Amtrak shall submit a report detailing 
the infrastructure and equipment improvements necessary to 
provide regular high-speed service— 
(A) between Washington, District of Columbia, and 
New York, New York, in 2 hours and 30 minutes; and 
(B) between New York, New York, and Boston, 
Massachusetts, in 3 hours and 15 minutes. 
(2) ISSUES.—The report shall include— 
(A) an estimated time frame for achieving the trip 
time described in paragraph (1); 
Reports. 
Deadlines. 
49 USC 24904. 
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122 STAT. 4925 
PUBLIC LAW 110–432—OCT. 16, 2008 
(B) an analysis of any significant obstacles that would 
hinder such an achievement; 
(C) a detailed description and cost estimate of the 
specific infrastructure and equipment improvements nec-
essary for such an achievement; and 
(D) an initial assessment of the infrastructure and 
equipment improvements, including an order of magnitude 
cost estimate of such improvements, that would be nec-
essary to provide regular high-speed service— 
(i) between Washington, District of Columbia, and 
New York, New York, in 2 hours and 15 minutes; 
and 
(ii) between New York, New York, and Boston, 
Massachusetts, in 3 hours. 
(3) REPORT.—Within 1 year after the date of enactment 
of this Act, Amtrak shall submit the report required under 
this subsection to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Appropriations of the Senate; 
(C) the Committee on Transportation and Infrastruc-
ture of the House of Representatives; 
(D) the Committee on Appropriations of the House 
of Representatives; and 
(E) the Federal Railroad Administration. 
(e) REPORT
ON NORTHEAST CORRIDOR ECONOMIC DEVELOP-
MENT.—Within 2 years after the date of enactment of this Act, 
the Northeast Corridor Infrastructure and Operations Advisory 
Commission shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report on the role of Amtrak’s Northeast Corridor service between 
Washington, District of Columbia, and New York, New York, in 
the economic development of the Northeast Corridor region. The 
report shall examine how to enhance the utilization of the Northeast 
Corridor for greater economic development, including improving— 
(1) real estate utilization; 
(2) improved intercity, commuter, and freight services; and 
(3) optimum utility utilization. 
SEC. 213. PASSENGER TRAIN PERFORMANCE. 
(a) IN GENERAL.—Section 24308 is amended by adding at the 
end the following: 
‘‘(f) PASSENGER TRAIN PERFORMANCE AND OTHER STANDARDS.— 
‘‘(1) INVESTIGATION OF SUBSTANDARD PERFORMANCE.—If the 
on-time performance of any intercity passenger train averages 
less than 80 percent for any 2 consecutive calendar quarters, 
or the service quality of intercity passenger train operations 
for which minimum standards are established under section 
207 of the Passenger Rail Investment and Improvement Act 
of 2008 fails to meet those standards for 2 consecutive calendar 
quarters, the Surface Transportation Board (referred to in this 
section as the ‘Board’) may initiate an investigation, or upon 
the filing of a complaint by Amtrak, an intercity passenger 
rail operator, a host freight railroad over which Amtrak oper-
ates, or an entity for which Amtrak operates intercity passenger 
rail service, the Board shall initiate such an investigation, 
49 USC 24308. 
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122 STAT. 4926 
PUBLIC LAW 110–432—OCT. 16, 2008 
to determine whether and to what extent delays or failure 
to achieve minimum standards are due to causes that could 
reasonably be addressed by a rail carrier over whose tracks 
the intercity passenger train operates or reasonably addressed 
by Amtrak or other intercity passenger rail operators. As part 
of its investigation, the Board has authority to review the 
accuracy of the train performance data and the extent to which 
scheduling and congestion contribute to delays. In making its 
determination or carrying out such an investigation, the Board 
shall obtain information from all parties involved and identify 
reasonable measures and make recommendations to improve 
the service, quality, and on-time performance of the train. 
‘‘(2) PROBLEMS CAUSED BY HOST RAIL CARRIER.—If the Board 
determines that delays or failures to achieve minimum stand-
ards investigated under paragraph (1) are attributable to a 
rail carrier’s failure to provide preference to Amtrak over freight 
transportation as required under subsection (c), the Board may 
award damages against the host rail carrier, including pre-
scribing such other relief to Amtrak as it determines to be 
reasonable and appropriate pursuant to paragraph (3) of this 
subsection. 
‘‘(3) DAMAGES AND RELIEF.—In awarding damages and pre-
scribing other relief under this subsection the Board shall con-
sider such factors as— 
‘‘(A) the extent to which Amtrak suffers financial loss 
as a result of host rail carrier delays or failure to achieve 
minimum standards; and 
‘‘(B) what reasonable measures would adequately deter 
future actions which may reasonably be expected to be 
likely to result in delays to Amtrak on the route involved. 
‘‘(4) USE OF DAMAGES.—The Board shall, as it deems appro-
priate, order the host rail carrier to remit the damages awarded 
under this subsection to Amtrak or to an entity for which 
Amtrak operates intercity passenger rail service. Such damages 
shall be used for capital or operating expenditures on the 
routes over which delays or failures to achieve minimum stand-
ards were the result of a rail carrier’s failure to provide pref-
erence to Amtrak over freight transportation as determined 
in accordance with paragraph (2).’’. 
(b) FEES.—The Surface Transportation Board may establish 
and collect filing fees from any entity that files a complaint under 
section 24308(f)(1) of title 49, United States Code, or otherwise 
requests or requires the Board’s services pursuant to this division. 
The Board shall establish such fees at levels that will fully or 
partially, as the Board determines to be appropriate, offset the 
costs of adjudicating complaints under that section and other 
requests or requirements for Board action under this division. The 
Board may waive any fee established under this subsection for 
any governmental entity as determined appropriate by the Board. 
(c) AUTHORIZATION
OF
ADDITIONAL
STAFF.—The Surface 
Transportation Board may increase the number of Board employees 
by up to 15 for the 5 fiscal year period beginning with fiscal 
year 2009 to carry out its responsibilities under section 24308 
of title 49, United States Code, and this division. 
(d) CHANGE OF REFERENCE.—Section 24308 is amended— 
(1) by striking ‘‘Interstate Commerce Commission’’ in sub-
section (a)(2)(A) and inserting ‘‘Surface Transportation Board’’; 
49 USC 24308. 
Waiver authority. 
49 USC 24308 
note. 
Recommenda- 
tions. 
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122 STAT. 4927 
PUBLIC LAW 110–432—OCT. 16, 2008 
(2) by striking ‘‘Commission’’ each place it appears and 
inserting ‘‘Board’’; 
(3) by striking ‘‘Secretary of Transportation’’ in subsection 
(c) and inserting ‘‘Board’’; and 
(4) by striking ‘‘Secretary’’ the last 3 places it appears 
in subsection (c) and each place it appears in subsections (d) 
and (e) and inserting ‘‘Board’’. 
SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM. 
(a) IN GENERAL.—Chapter 247, as amended by section 210, 
is amended by adding at the end thereof the following: 
‘‘§ 24711. Alternate passenger rail service pilot program 
‘‘(a) IN GENERAL.—Within 1 year after the date of enactment 
of the Passenger Rail Investment and Improvement Act of 2008, 
the Federal Railroad Administration shall complete a rulemaking 
proceeding to develop a pilot program that— 
‘‘(1) permits a rail carrier or rail carriers that own infra-
structure over which Amtrak operates a passenger rail service 
route described in subparagraph (B), (C), or (D) of section 
24102(5) or in section 24702 to petition the Administration 
to be considered as a passenger rail service provider over that 
route in lieu of Amtrak for a period not to exceed 5 years 
after the date of enactment of the Passenger Rail Investment 
and Improvement Act of 2008; 
‘‘(2) requires the Administration to notify Amtrak within 
30 days after receiving a petition under paragraph (1) and 
establish a deadline by which both the petitioner and Amtrak 
would be required to submit a bid to provide passenger rail 
service over the route to which the petition relates; 
‘‘(3) requires that each bid describe how the bidder would 
operate the route, what Amtrak passenger equipment would 
be needed, if any, what sources of non-Federal funding the 
bidder would use, including any State subsidy, among other 
things; 
‘‘(4) requires the Administration to select winning bidders 
by evaluating the bids against the financial and performance 
metrics developed under section 207 of the Passenger Rail 
Investment and Improvement Act of 2008 and to give preference 
in awarding contracts to bidders seeking to operate routes 
that have been identified as one of the five worst performing 
Amtrak routes under section 24710; 
‘‘(5) requires the Administration to execute a contract 
within a specified, limited time after the deadline established 
under paragraph (2) and award to the winning bidder— 
‘‘(A) the right and obligation to provide passenger rail 
service over that route subject to such performance stand-
ards as the Administration may require, consistent with 
the standards developed under section 207 of the Passenger 
Rail Investment and Improvement Act of 2008; and 
‘‘(B) an operating subsidy— 
‘‘(i) for the first year at a level not in excess of 
the level in effect during the fiscal year preceding 
the fiscal year in which the petition was received, 
adjusted for inflation; 
‘‘(ii) for any subsequent years at such level, 
adjusted for inflation; and 
Notification. 
Deadlines. 
Deadline. 
Regulations. 
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122 STAT. 4928 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(6) requires that each bid contain a staffing plan describing 
the number of employees needed to operate the service, the 
job assignments and requirements, and the terms of work for 
prospective and current employees of the bidder for the service 
outlined in the bid, and such staffing plan be made available 
by the winning bidder to the public after the bid award. 
‘‘(b) ROUTE LIMITATIONS.—The Administration may not make 
the program available with respect to more than 2 Amtrak intercity 
passenger rail routes. 
‘‘(c) 
PERFORMANCE
STANDARDS; 
ACCESS
TO
FACILITIES; 
EMPLOYEES.—If the Administration awards the right and obligation 
to provide passenger rail service over a route under the program 
to a rail carrier or rail carriers— 
‘‘(1) it shall execute a contract with the rail carrier or 
rail carriers for rail passenger operations on that route that 
conditions the operating and subsidy rights upon— 
‘‘(A) the service provider continuing to provide pas-
senger rail service on the route that is no less frequent, 
nor over a shorter distance, than Amtrak provided on that 
route before the award; and 
‘‘(B) the service provider’s compliance with the min-
imum standards established under section 207 of the Pas-
senger Rail Investment and Improvement Act of 2008 and 
such additional performance standards as the Administra-
tion may establish; 
‘‘(2) it shall, if the award is made to a rail carrier other 
than Amtrak, require Amtrak to provide access to its reserva-
tion system, stations, and facilities directly related to operations 
to any rail carrier or rail carriers awarded a contract under 
this section, in accordance with section 217 of that Act, nec-
essary to carry out the purposes of this section; 
‘‘(3) the employees of any person used by a rail carrier 
or rail carriers (as defined in section 10102(5) of this title) 
in the operation of a route under this section shall be considered 
an employee of that carrier or carriers and subject to the 
applicable Federal laws and regulations governing similar crafts 
or classes of employees of Amtrak, including provisions under 
section 121 of the Amtrak Reform and Accountability Act of 
1997 relating to employees that provide food and beverage 
service; and 
‘‘(4) the winning bidder shall provide hiring preference 
to qualified Amtrak employees displaced by the award of the 
bid, consistent with the staffing plan submitted by the bidder 
and shall be subject to the grant conditions under section 
24405 of this title. 
‘‘(d) CESSATION OF SERVICE.—If a rail carrier or rail carriers 
awarded a route under this section cease to operate the service 
or fail to fulfill their obligations under the contract required under 
subsection (c), the Administrator, in collaboration with the Surface 
Transportation Board, shall take any necessary action consistent 
with this title to enforce the contract and ensure the continued 
provision of service, including the installment of an interim service 
provider and re-bidding the contract to operate the service. The 
entity providing service shall either be Amtrak or a rail carrier 
defined in subsection (a)(1). 
‘‘(e) ADEQUATE RESOURCES.—Before taking any action allowed 
under this section, the Secretary shall certify that the Administrator 
Certification. 
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122 STAT. 4929 
PUBLIC LAW 110–432—OCT. 16, 2008 
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 Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report on the results on the pilot program established under 
section 24711, and any recommendations 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 following: 
‘‘24711. Alternate passenger rail service pilot program.’’. 
SEC. 215. EMPLOYEE TRANSITION ASSISTANCE. 
(a) 
PROVISION
OF
FINANCIAL
INCENTIVES.—For 
Amtrak 
employees who are adversely affected by the cessation of the oper-
ation of a long-distance route or any other route under section 
24711 of title 49, United States Code, previously 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 provided to Amtrak employees who volun-
tarily 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 reduction in 
the total number of employees equal to the number receiving 
financial incentives; 
(3) the financial assistance results in a net reduction in 
total employment expense equivalent to the total employment 
expenses associated with the employees receiving financial 
incentives; and 
(4) the total number of employees eligible for termination- 
related payments will not be increased without the express 
written consent of the Secretary. 
(c) AMOUNT OF FINANCIAL INCENTIVES.—The financial incen-
tives 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 provide financial incen-
tives under subsection (a). 
(e) TERMINATION-RELATED PAYMENTS.—If Amtrak employees 
adversely affected by the cessation of Amtrak service 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 incentives under subsection (a), then the 
Secretary shall make grants to Amtrak from funds authorized by 
Grants. 
Certification. 
49 USC 24711 
note. 
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122 STAT. 4930 
PUBLIC LAW 110–432—OCT. 16, 2008 
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 special 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 necessary to obtain access to facilities, 
train and engine crews, or services of a rail carrier or regional 
transportation authority 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 services 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 provi-
sion 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. 
SEC. 218. GENERAL AMTRAK PROVISIONS. 
(a) CONFORMING CHANGES.— 
(1) PLAN REQUIRED.—Section 24101(d) is amended— 
(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, 
including 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
AMEND-
MENTS.—Title II of the Amtrak Reform and Accountability Act 
of 1997 (49 U.S.C. 24101 nt) is amended by striking sections 
204 and 205. 
(b) LEASE ARRANGEMENTS
AND OTHER PURCHASES.—Amtrak 
may obtain from the Administrator of General Services, and the 
Administrator may provide to Amtrak, services under sections 
502(a) and 602 of title 40, United States Code. 
49 USC 24305 
note. 
49 USC 24101 
note. 
49 USC 24101. 
Deadline. 
Order. 
49 USC 24702 
note. 
49 USC 24308 
note. 
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122 STAT. 4931 
PUBLIC LAW 110–432—OCT. 16, 2008 
SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING INTER-
CITY RAIL STATIONS. 
(a) IN GENERAL.—Amtrak, in consultation with station owners 
and other railroads operating service through the existing stations 
that it serves, shall evaluate the improvements necessary to make 
these stations readily accessible to and usable by individuals with 
disabilities, as required by such section 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, including 
issues related to passenger rail station platforms, the estimated 
cost of the improvements necessary, the identification of the respon-
sible person (as defined in section 241(5) of that Act (42 U.S.C. 
12161(5))), and the earliest practicable date when such improve-
ments can be made. The evaluation shall also include a detailed 
plan and schedule for bringing all applicable stations into compli-
ance with the applicable 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 Infrastruc-
ture 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 for funding the necessary 
improvements. Should the Department of Transportation issue any 
rule related to transportation 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 compliance. 
(b) ACCESSIBILITY IMPROVEMENTS AND BARRIER REMOVAL FOR 
PEOPLE WITH DISABILITIES.—There are authorized to be appro-
priated to the Secretary for the use of Amtrak such sums as may 
be necessary to improve the accessibility of facilities, including 
rail platforms, and services. 
SEC. 220. OVERSIGHT OF AMTRAK’S COMPLIANCE WITH ACCESSI-
BILITY REQUIREMENTS. 
Using the funds authorized by section 103 of this division, 
the Federal Railroad Administration shall monitor and conduct 
periodic reviews of Amtrak’s compliance with applicable sections 
of the Americans with Disabilities Act of 1990 and the Rehabilita-
tion Act of 1974 to ensure that Amtrak’s services and facilities 
are accessible to individuals with disabilities 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: 
‘‘§ 24310. Management accountability 
‘‘(a) IN GENERAL.—Within 3 years after the date of enactment 
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 overall assessment of the 
Deadlines. 
Assessment. 
49 USC 24307 
note. 
Appropriation 
authorization. 
Plan. 
Evaluation. 
Deadlines. 
49 USC 24307 
note. 
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122 STAT. 4932 
PUBLIC LAW 110–432—OCT. 16, 2008 
progress made by Amtrak management and the Department of 
Transportation in implementing the provisions of that Act. 
‘‘(b) ASSESSMENT.—The management assessment undertaken 
by the Inspector General may include a review of— 
‘‘(1) effectiveness in improving annual financial planning; 
‘‘(2) effectiveness in implementing improved financial 
accounting; 
‘‘(3) efforts to implement minimum train performance 
standards; 
‘‘(4) progress maximizing revenues, minimizing Federal 
subsidies, and improving financial results; and 
‘‘(5) any other aspect of Amtrak operations the Inspector 
General finds appropriate to review.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 243 is amended by inserting after the item relating to 
section 24309 the following: 
‘‘24310. Management accountability.’’. 
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 Representa-
tives 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 employees. 
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 Chicago, which 
was operated by Amtrak until 1997, to determine whether 
to reinstate passenger rail service along the route or along 
segments of the route. 
(2) The North Coast Hiawatha Route between Chicago 
and Seattle, through southern Montana, which was operated 
by Amtrak until 1979, to determine whether to reinstate pas-
senger 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 Philadel-
phia, Pennsylvania, to determine whether to expand passenger 
rail service along the route. 
Deadline. 
Deadline. 
Plan. 
49 USC 24101 
note. 
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122 STAT. 4933 
PUBLIC LAW 110–432—OCT. 16, 2008 
(5) Between Harrisburg and Pittsburgh, Pennsylvania, 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 Cumberland, Mary-
land, and Pittsburgh, Pennsylvania, to determine whether to 
reinstate a station stop at Rockwood, Pennsylvania. 
(b) ASSISTANCE.—The Comptroller General of the General 
Accountability Office shall, upon request by Amtrak, assist Amtrak 
in conducting the studies under subsection (a). 
(c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The Secretary 
shall conduct— 
(A) an analysis of the Secretary’s December 1, 1998, exten-
sion of the designation of the Southeast High-Speed Rail Cor-
ridor 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 congestion, 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 analyses to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate, and shall 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 PASSENGER RAIL 
ROUTES. 
Within 6 months after the date of the enactment of this Act, 
the Inspector General of the Department of Transportation 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 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 Van-
couver, British Columbia, Canada, and Eugene, Oregon 
(commonly known as ‘‘Amtrak Cascades’’); and 
Deadline. 
Reports. 
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122 STAT. 4934 
PUBLIC LAW 110–432—OCT. 16, 2008 
(2) contains recommendations for improving the on-time 
performance of such routes. 
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 Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, 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 proposals 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 Infrastructure 
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 and repair facilities, the produc-
tivity of such facilities, and the extent to which Amtrak is maxi-
mizing opportunities for utilizing each facility, including the provi-
sion of maintenance and repair to other rail carriers. In developing 
this report, the Inspector General shall consult with the Inspector 
General of Amtrak, Amtrak management, rail labor, and other 
railroad carriers, as it deems appropriate. 
SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO MAIN-
TAIN AMTRAK AS A NATIONAL PASSENGER RAIL SYSTEM. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) In fiscal year 2007, 3,800,000 passengers traveled 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 passenger service to 23 
States. 
(4) Amtrak’s long-distance trains provide an essential 
transportation service for many communities and to a signifi-
cant percentage of the general public. 
(5) Many long-distance trains serve small communities 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 transpor-
tation may provide the only feasible common carrier transpor-
tation option for a growing number of areas. 
Consultation. 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 4935 
PUBLIC LAW 110–432—OCT. 16, 2008 
(7) If long-distance trains were eliminated, 23 States and 
243 communities would be left with no intercity passenger 
rail service and 16 other States would lose some rail service. 
These trains provide a strong economic 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, terrorist 
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. 
(11) Passenger trains provide transportation options, 
mobility for underserved populations, congestion mitigation, 
and jobs in the areas they serve. 
(12) Passenger rail has a positive impact on the environ-
ment 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 passenger 
rail and passenger rail stations as a significant source of eco-
nomic 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 necessary 
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 conti-
nental United States from coast to coast and from border to 
border. 
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: 
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122 STAT. 4936 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(1) APPLICANT.—The term ‘applicant’ means a State 
(including the District of Columbia), a group of States, an 
Interstate Compact, or a public agency established 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 developed under 
chapter 227 of this title for— 
‘‘(A) acquiring, constructing, improving, or inspecting 
equipment, track and track structures, or a facility for 
use in or for the primary benefit of intercity passenger 
rail service, expenses incidental to the acquisition or 
construction (including designing, engineering, location sur-
veying, mapping, environmental studies, and acquiring 
rights-of-way), payments for the capital portions of rail 
trackage rights agreements, highway-rail grade crossing 
improvements related to intercity passenger rail service, 
mitigating environmental impacts, communication and sig-
nalization improvements, relocation assistance, acquiring 
replacement housing sites, and acquiring, constructing, 
relocating, and rehabilitating replacement housing; 
‘‘(B) rehabilitating, remanufacturing or overhauling 
rail rolling stock and facilities used primarily in intercity 
passenger rail service; 
‘‘(C) costs associated with developing State rail plans; 
and 
‘‘(D) the first-dollar liability costs for insurance related 
to the provision of intercity passenger rail service under 
section 24404. 
‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The term ‘inter-
city passenger rail service’ means intercity rail passenger 
transportation, as defined in section 24102 of this title. 
‘‘§ 24402. Capital investment grants to support intercity pas-
senger rail service 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) The Secretary of Transportation may make grants 
under this section to an applicant to assist in financing the 
capital costs of facilities, infrastructure, and equipment nec-
essary to provide or improve intercity passenger rail transpor-
tation. 
‘‘(2) Consistent with the requirements of this chapter, 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 appropriate for the pur-
poses of this section, including requirements for the disposition 
of net increases in value of real property resulting from the 
project assisted under this section and shall prescribe proce-
dures and schedules for the awarding of grants under this 
title, including application 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 covering such procedures, and 
Guidance. 
Regulations. 
Deadline. 
Procedures. 
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122 STAT. 4937 
PUBLIC LAW 110–432—OCT. 16, 2008 
administer the grant program 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 Improvement Act of 2008, and 
that the applicant or recipient has or will have the legal, 
financial, and technical capacity to carry out the project, satis-
factory 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 information upon 
which the Secretary can make the findings required 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 oper-
ator is the best, taking into account price and other factors, 
and that use of the proposed operator will not unnecessarily 
increase the cost of the project. 
‘‘(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 devel-
oped under chapter 227 of this title, or under the plan 
required by section 211 of the Passenger 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 equipment or facilities; 
‘‘(C) that the applicant provides sufficient information 
upon which the Secretary can make the findings required 
by this subsection; 
‘‘(D) that if an applicant has selected the proposed 
operator of its service competitively, that the applicant 
provide written justification to the Secretary showing why 
the proposed operator is the best, taking into account costs 
and other factors; 
‘‘(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 requirements 
of section 135 of title 23, United States Code; and 
‘‘(ii) the national rail plan (if it is available); 
‘‘(2) select projects— 
‘‘(A) that are anticipated to result in significant 
improvements to intercity rail passenger service, including, 
but not limited to, consideration of— 
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122 STAT. 4938 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(i) the project’s levels of estimated ridership, 
increased on-time performance, reduced trip time, addi-
tional service frequency to meet anticipated or existing 
demand, or other significant 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, capacity, or safety; 
and 
‘‘(iii) identification of the project by the Surface 
Transportation Board as necessary to improve the on- 
time performance and reliability of intercity passenger 
rail under section 24308(f); 
‘‘(B) 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 timing and amount of the project’s future 
noncommitted investments; 
‘‘(iv) the commitment of any affected host rail car-
rier to ensure the realization of the anticipated bene-
fits; and 
‘‘(v) other relevant factors as determined by the 
Secretary; and 
‘‘(C) for which the level of the anticipated benefits 
compares favorably to the amount of Federal funding 
requested under this chapter; and 
‘‘(3) give greater consideration to projects— 
‘‘(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 connections between train 
stations, airports, bus terminals, subway stations, ferry 
ports, and other modes of transportation; 
‘‘(ii) anticipated improvement of freight or com-
muter rail operations; 
‘‘(iii) encouragement of the use of positive train 
control technologies; 
‘‘(iv) environmental benefits, including 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 contribu-
tions toward station development, energy and environ-
mentally efficiency, 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 
‘‘(B) that incorporate equitable financial participation 
in the project’s financing, including, but not limited to, 
consideration of— 
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122 STAT. 4939 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(i) donated property interests or services; 
‘‘(ii) financial contributions by freight and com-
muter 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 Investment and Improve-
ment 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, Amtrak may not use Federal funds 
authorized under section 101(a) or (c) of the Passenger Rail Invest-
ment and Improvement Act of 2008 to fulfill the non-Federal share 
requirements under subsection (g) of this section. 
‘‘(f) LETTERS OF INTENT AND EARLY SYSTEMS WORK AGREE-
MENTS.— 
‘‘(1) The Secretary may issue a letter of intent to an 
applicant announcing an intention to obligate, for a major cap-
ital 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 notify in writing 
the Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the House and 
Senate Committees on Appropriations 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. 
‘‘(3) An obligation or administrative commitment may be 
made only when amounts are appropriated. The letter of intent 
shall state that the contingent commitment 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 appropriated to 
Deadline. 
Notification. 
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122 STAT. 4940 
PUBLIC LAW 110–432—OCT. 16, 2008 
or made available to a department or agency of the Federal 
Government that are eligible to be expended for transportation. 
‘‘(3) The following amounts, not to exceed $15,000,000 per 
fiscal year, shall be available to each applicant as a credit 
toward an applicant’s matching requirement 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 service; 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 operating 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 necessary to 
verify such expenditures. Credits made available to an applicant 
in a fiscal year under this paragraph may only be applied 
towards grants awarded in that fiscal year. 
‘‘(4) The Federal share of expenditures for capital improve-
ments under this chapter may not exceed 100 percent. 
‘‘(h) 2-YEAR AVAILABILITY.—Funds appropriated under this sec-
tion shall remain available until expended. If any amount provided 
as a grant under this section is not obligated 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 develop-
ment projects under this section at the discretion of the Secretary. 
‘‘(i) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN GENERAL.—A metropolitan planning organization, 
State transportation department, or other project sponsor may 
enter into an agreement with any public, private, or nonprofit 
entity to cooperatively implement any project funded with a 
grant under this chapter. 
‘‘(2) FORMS OF PARTICIPATION.—Participation by an entity 
under paragraph (1) may consist of— 
‘‘(A) ownership or operation of any land, facility, loco-
motive, rail car, vehicle, or other physical asset associated 
with the project; 
‘‘(B) cost-sharing of any project expense; 
‘‘(C) carrying out administration, construction manage-
ment, project management, project operation, 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 appropriate portion 
of the amounts available under this section to provide grants to 
States— 
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122 STAT. 4941 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(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 phys-
ically 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 considerations, 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 Improve-
ment 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 require-
ments of this section, including state rail plan requirements, as 
appropriate. 
‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS AND STORAGE.— 
Grants under this chapter may be used to provide access to rolling 
stock for nonmotorized transportation, including bicycles, and rec-
reational equipment, and to provide storage capacity in trains for 
such transportation, equipment, and other luggage, to ensure pas-
senger 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 manage-
ment plan approved by the Secretary of Transportation. The plan 
shall provide for— 
‘‘(1) adequate recipient staff organization with well-defined 
reporting relationships, statements of functional responsibil-
ities, job descriptions, and job qualifications; 
‘‘(2) a budget covering the project management organiza-
tion, appropriate consultants, property acquisition, utility 
relocation, systems demonstration staff, audits, and miscella-
neous payments the recipient may be prepared to justify; 
‘‘(3) a construction schedule for the project; 
‘‘(4) a document control procedure and recordkeeping 
system; 
‘‘(5) a change order procedure that includes a documented, 
systematic approach to handling the construction change 
orders; 
‘‘(6) organizational structures, management skills, and 
staffing levels required throughout the construction phase; 
‘‘(7) quality control and quality assurance functions, proce-
dures, and responsibilities for construction, system installation, 
and integration of system components; 
‘‘(8) material testing policies and procedures; 
‘‘(9) internal plan implementation and reporting require-
ments; 
‘‘(10) criteria and procedures to be used for testing the 
operational system or its major components; 
Waiver authority. 
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122 STAT. 4942 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(11) periodic updates of the plan, especially related to 
project budget and project schedule, financing, and ridership 
estimates; and 
‘‘(12) the recipient’s commitment to submit periodically a 
project budget and project schedule to the Secretary. 
‘‘(b) SECRETARIAL OVERSIGHT.— 
‘‘(1) The Secretary may use no more than 1 percent of 
amounts made available in a fiscal year for capital projects 
under this chapter to enter into contracts to oversee the 
construction of such projects. 
‘‘(2) The Secretary may use amounts available under para-
graph (1) of this subsection to make contracts for safety, 
procurement, management, and financial compliance reviews 
and audits of a recipient of amounts under paragraph (1). 
‘‘(3) The Federal Government shall pay the entire cost 
of carrying out a contract under this subsection. 
‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipient of assist-
ance under this chapter shall provide the Secretary and a contractor 
the Secretary chooses under subsection (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 liability 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 aggre-
gate per year. 
‘‘§ 24405. Grant conditions 
‘‘(a) BUY AMERICA.—(1) The Secretary of Transportation may 
obligate an amount that may be appropriated to carry out this 
chapter for a project only if the steel, iron, and manufactured 
goods used in the project are produced in the United States. 
‘‘(2) The Secretary of Transportation may waive paragraph 
(1) of this subsection if the Secretary finds that— 
‘‘(A) applying paragraph (1) would be inconsistent 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 satisfactory quality; 
‘‘(C) rolling stock or power train equipment cannot 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 compo-
nents’ 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— 
Waiver authority. 
Payments. 
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122 STAT. 4943 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(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 opportunity 
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 Infrastructure 
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 produced in a 
foreign country if the Secretary, in consultation 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 discriminating 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 subcontract 
made with amounts authorized under this chapter if a court or 
department, agency, or instrumentality of the Government 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 produced in the United 
States; or 
‘‘(B) represented that goods described in subparagraph (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 subsection 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 supplier 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 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 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 EMPLOYERS FOR 
CERTAIN PURPOSES.—A person that conducts rail operations over 
rail infrastructure constructed or improved with funding provided 
in whole or in part in a grant made under this chapter shall 
Applicability. 
Deadline. 
Reports. 
Notice. 
Federal Register, 
publication. 
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122 STAT. 4944 
PUBLIC LAW 110–432—OCT. 16, 2008 
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— 
‘‘(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 applicant and 
the railroad regarding such use and ownership, including— 
‘‘(A) any compensation for such use; 
‘‘(B) assurances regarding the adequacy of infrastruc-
ture capacity to accommodate both existing and future 
freight and passenger operations; 
‘‘(C) an assurance by the railroad that collective bar-
gaining 
agreements 
with 
the 
railroad’s 
employees 
(including terms regulating the contracting of work) will 
remain in full force and effect according to their terms 
for work performed by the railroad on the railroad transpor-
tation corridor; and 
‘‘(D) an assurance that an applicant complies 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 under an agreement made under section 
24308(a) of this title; and 
‘‘(B) the protective arrangements established under sec-
tion 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 PASSENGER RAIL 
SERVICE.— 
‘‘(1) COLLECTIVE
BARGAINING
AGREEMENT
FOR
INTERCITY 
PASSENGER RAIL PROJECTS.—Any entity providing intercity pas-
senger 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 predecessor provider that— 
‘‘(A) gives each such qualified employee of the prede-
cessor 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; 
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122 STAT. 4945 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(B) establishes a procedure for notifying such an 
employee of such positions; 
‘‘(C) establishes a procedure for such an employee to 
apply for such positions; and 
‘‘(D) establishes rates of pay, rules, and working condi-
tions. 
‘‘(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 
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 predecessor provider shall commence for 
the purpose of reaching agreement with respect to all mat-
ters 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 unre-
solved issues shall be submitted for arbitration in accord-
ance 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 sub-
paragraphs (A) through (D) of paragraph (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 parties shall notify the National Mediation Board, 
which shall provide a list of seven arbitrators with experi-
ence 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 remains, 
and that person shall serve as the neutral arbitrator. 
Within 45 days after selection of the arbitrator, the arbi-
trator 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 comparable work. This decision shall 
be final, binding, and conclusive upon the parties. The 
salary and expenses 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 subpara-
graphs (A) through (D) of paragraph (1) or the decision of 
the arbitrator has been rendered. 
Notification. 
Lists. 
Notice. 
Deadlines. 
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122 STAT. 4946 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.—If the replace-
ment of existing rail passenger service takes place within 3 
years after the replacing entity commences intercity passenger 
rail service, the replacing entity and the collective bargaining 
agent or agents for the adversely affected employees of the 
predecessor provider shall enter into an agreement with respect 
to the matters set forth in subparagraphs (A) through (D) 
of paragraph (1). If the parties have not entered into an agree-
ment with respect to all such matters within 60 days after 
the date on which the replacing entity replaces the predecessor 
provider, the parties shall select an arbitrator using the proce-
dures set forth in paragraph (2)(B), who shall, within 20 days 
after the commencement of the arbitration, conduct a hearing 
and decide all unresolved issues. This decision shall be final, 
binding, and conclusive upon the parties. 
‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OPERATIONS.—Nothing 
in this section applies to— 
‘‘(1) commuter rail passenger transportation (as defined 
in section 24102(4) of this title) operations of a State or local 
government authority (as those terms are defined in section 
5302(11) and (6), respectively, of this title) eligible to receive 
financial assistance under section 5307 of this title, or to its 
contractor performing services in connection with commuter 
rail passenger operations (as so defined); 
‘‘(2) the Alaska Railroad or its contractors; or 
‘‘(3) Amtrak’s access rights to railroad rights of way and 
facilities under current law. 
‘‘(f) LIMITATION.—No grants shall be provided under this 
chapter for commuter rail passenger transportation, as defined 
in section 24102(4) of this title. 
‘‘§ 24406. Authorization of appropriations 
‘‘There are authorized to be appropriated to the Secretary of 
Transportation for capital grants under this chapter the following 
amounts: 
‘‘(1) For fiscal year 2009, $100,000,000. 
‘‘(2) For fiscal year 2010, $300,000,000. 
‘‘(3) For fiscal year 2011, $400,000,000. 
‘‘(4) For fiscal year 2012, $500,000,000. 
‘‘(5) For fiscal year 2013, $600,000,000.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis for sub-
title V is amended by inserting the following after the item relating 
to chapter 243: 
‘‘244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL AS-
SISTANCE ................................................................................................24401’’. 
(c) ASSISTANCE.—In implementing section 24405(a) of title 49, 
United States Code, the Federal Highway Administration shall, 
upon request by the Federal Railroad Administration, assist the 
Federal Railroad Administration in developing a process for posting 
on its website or distributing via email notices of waiver requests 
received pursuant to such subsection and soliciting public comments 
on the intent to issue a waiver. The Federal Railroad Administra-
tion’s development of such a process does not relieve the Federal 
Railroad Administration of the requirements under paragraph (4) 
of such subsection. 
49 USC 24405 
note. 
Deadlines. 
Contracts. 
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122 STAT. 4947 
PUBLIC LAW 110–432—OCT. 16, 2008 
SEC. 302. CONGESTION GRANTS. 
(a) AMENDMENT.—Chapter 241 of title 49, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 24105. Congestion grants 
‘‘(a) AUTHORITY.—The Secretary of Transportation may make 
grants to States, or to Amtrak in cooperation with States, for 
financing the capital costs of facilities, infrastructure, and equip-
ment for high priority rail corridor projects necessary to reduce 
congestion or facilitate ridership growth in intercity rail passenger 
transportation. 
‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for grants under this 
section include projects— 
‘‘(1) identified by Amtrak as necessary to reduce congestion 
or facilitate ridership growth in intercity rail passenger 
transportation along heavily traveled rail corridors; 
‘‘(2) identified by the Surface Transportation Board as nec-
essary to improve the on time performance and reliability of 
intercity rail passenger transportation under section 24308(f); 
and 
‘‘(3) designated by the Secretary as being sufficiently 
advanced in development to be capable of serving the purposes 
described in subsection (a) on an expedited schedule. 
‘‘(c) FEDERAL SHARE.—The Federal share of the cost of a project 
financed under this section shall not exceed 80 percent. 
‘‘(d) GRANT CONDITIONS.—The Secretary of Transportation shall 
require each recipient of a grant under this section to comply 
with the grant requirements of section 24405 of this title. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated, from amounts made available under section 
301 of the Passenger Rail Investment and Improvement Act of 
2008, to the Secretary to carry out this section— 
‘‘(1) $50,000,000 for fiscal year 2010; 
‘‘(2) $75,000,000 for fiscal year 2011; 
‘‘(3) $100,000,000 for fiscal year 2012; and 
‘‘(4) $100,000,000 for fiscal year 2013.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 
for such chapter 241 is amended by adding at the end the following 
new item: 
‘‘24105. Congestion grants.’’. 
SEC. 303. STATE RAIL PLANS. 
(a) IN GENERAL.—Part B of subtitle V is amended by adding 
at the end the following: 
‘‘CHAPTER 227—STATE RAIL PLANS 
‘‘Sec. 
‘‘22701. Definitions. 
‘‘22702. Authority. 
‘‘22703. Purposes. 
‘‘22704. Transparency; coordination; review. 
‘‘22705. Content. 
‘‘22706. Review. 
‘‘§ 22701. Definitions 
‘‘In this subchapter: 
‘‘(1) PRIVATE BENEFIT.— 
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122 STAT. 4948 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(A) IN GENERAL.—The term ‘private benefit’— 
‘‘(i) means a benefit accrued to a person or private 
entity, other than Amtrak, that directly improves the 
economic and competitive condition of that person or 
entity through improved assets, cost reductions, service 
improvements, or any other means as defined by the 
Secretary; and 
‘‘(ii) shall be determined on a project-by-project 
basis, based upon an agreement between the parties. 
‘‘(B) CONSULTATION.—The Secretary may seek the 
advice of the States and rail carriers in further defining 
this term. 
‘‘(2) PUBLIC BENEFIT.— 
‘‘(A) IN GENERAL.—The term ‘public benefit’— 
‘‘(i) means a benefit accrued to the public, including 
Amtrak, in the form of enhanced mobility of people 
or goods, environmental protection or enhancement, 
congestion mitigation, enhanced trade and economic 
development, improved air quality or land use, more 
efficient energy use, enhanced public safety or security, 
reduction of public expenditures due to improved 
transportation efficiency or infrastructure preservation, 
and any other positive community effects as defined 
by the Secretary; and 
‘‘(ii) shall be determined on a project-by-project 
basis, based upon an agreement between the parties. 
‘‘(B) CONSULTATION.—The Secretary may seek the 
advice of the States and rail carriers in further defining 
this term. 
‘‘(3) STATE.—The term ‘State’ means any of the 50 States 
and the District of Columbia. 
‘‘(4) STATE
RAIL
TRANSPORTATION
AUTHORITY.—The term 
‘State rail transportation authority’ means the State agency 
or official responsible under the direction of the Governor of 
the State or a State law for preparation, maintenance, coordina-
tion, and administration of the State rail plan. 
‘‘§ 22702. Authority 
‘‘(a) IN GENERAL.—Each State may prepare and maintain a 
State rail plan in accordance with the provisions of this chapter. 
‘‘(b) REQUIREMENTS.—The Secretary shall establish the min-
imum requirements for the preparation and periodic revision of 
a State rail plan, including that a State shall— 
‘‘(1) establish or designate a State rail transportation 
authority to prepare, maintain, coordinate, and administer the 
plan; 
‘‘(2) establish or designate a State rail plan approval 
authority to approve the plan; 
‘‘(3) submit the State’s approved plan to the Secretary 
of Transportation for review; and 
‘‘(4) revise and resubmit a State-approved plan no less 
frequently than once every 5 years for reapproval by the Sec-
retary. 
‘‘§ 22703. Purposes 
‘‘(a) PURPOSES.—The purposes of a State rail plan are as follows: 
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122 STAT. 4949 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(1) To set forth State policy involving freight and pas-
senger rail transportation, including commuter rail operations, 
in the State. 
‘‘(2) To establish the period covered by the State rail plan. 
‘‘(3) To present priorities and strategies to enhance rail 
service in the State that benefits the public. 
‘‘(4) To serve as the basis for Federal and State rail invest-
ments within the State. 
‘‘(b) COORDINATION.—A State rail plan shall be coordinated 
with other State transportation planning goals and programs, 
including the plan required under section 135 of title 23, and 
set forth rail transportation’s role within the State transportation 
system. 
‘‘§ 22704. Transparency; coordination; review 
‘‘(a) PREPARATION.—A State shall provide adequate and reason-
able notice and opportunity for comment and other input to the 
public, rail carriers, commuter and transit authorities operating 
in, or affected by rail operations within the State, units of local 
government, and other interested parties in the preparation and 
review of its State rail plan. 
‘‘(b) INTERGOVERNMENTAL COORDINATION.—A State shall review 
the freight and passenger rail service activities and initiatives by 
regional planning agencies, regional transportation authorities, and 
municipalities within the State, or in the region in which the 
State is located, while preparing the plan, and shall include any 
recommendations made by such agencies, authorities, and munici-
palities as deemed appropriate by the State. 
‘‘§ 22705. Content 
‘‘(a) IN GENERAL.—Each State rail plan shall, at a minimum, 
contain the following: 
‘‘(1) An inventory of the existing overall rail transportation 
system and rail services and facilities within the State and 
an analysis of the role of rail transportation within the State’s 
surface transportation system. 
‘‘(2) A review of all rail lines within the State, including 
proposed high-speed rail corridors and significant rail line seg-
ments not currently in service. 
‘‘(3) A statement of the State’s passenger rail service objec-
tives, including minimum service levels, for rail transportation 
routes in the State. 
‘‘(4) A general analysis of rail’s transportation, economic, 
and environmental impacts in the State, including congestion 
mitigation, trade and economic development, air quality, land- 
use, energy-use, and community impacts. 
‘‘(5) A long-range rail investment program for current and 
future freight and passenger infrastructure in the State that 
meets the requirements of subsection (b). 
‘‘(6) A statement of public financing issues for rail projects 
and service in the State, including a list of current and prospec-
tive public capital and operating funding resources, public sub-
sidies, State taxation, and other financial policies relating to 
rail infrastructure development. 
‘‘(7) An identification of rail infrastructure issues within 
the State that reflects consultation with all relevant stake-
holders. 
Notice. 
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122 STAT. 4950 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(8) A review of major passenger and freight intermodal 
rail connections and facilities within the State, including sea-
ports, and prioritized options to maximize service integration 
and efficiency between rail and other modes of transportation 
within the State. 
‘‘(9) A review of publicly funded projects within the State 
to improve rail transportation safety and security, including 
all major projects funded under section 130 of title 23. 
‘‘(10) A performance evaluation of passenger rail services 
operating in the State, including possible improvements in 
those services, and a description of strategies to achieve those 
improvements. 
‘‘(11) A compilation of studies and reports on high-speed 
rail corridor development within the State not included in 
a previous plan under this subchapter, and a plan for funding 
any recommended development of such corridors in the State. 
‘‘(12) A statement that the State is in compliance with 
the requirements of section 22102. 
‘‘(b) LONG-RANGE SERVICE AND INVESTMENT PROGRAM.— 
‘‘(1) PROGRAM CONTENT.—A long-range rail investment pro-
gram included in a State rail plan under subsection (a)(5) 
shall, at a minimum, include the following matters: 
‘‘(A) A list of any rail capital projects expected to be 
undertaken or supported in whole or in part by the State. 
‘‘(B) A detailed funding plan for those projects. 
‘‘(2) PROJECT LIST CONTENT.—The list of rail capital projects 
shall contain— 
‘‘(A) a description of the anticipated public and private 
benefits of each such project; and 
‘‘(B) a statement of the correlation between— 
‘‘(i) public funding contributions for the projects; 
and 
‘‘(ii) the public benefits. 
‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In preparing the 
list of freight and intercity passenger rail capital projects, a 
State rail transportation authority should take into consider-
ation the following matters: 
‘‘(A) Contributions made by non-Federal and non-State 
sources through user fees, matching funds, or other private 
capital involvement. 
‘‘(B) Rail capacity and congestion effects. 
‘‘(C) Effects on highway, aviation, and maritime 
capacity, congestion, or safety. 
‘‘(D) Regional balance. 
‘‘(E) Environmental impact. 
‘‘(F) Economic and employment impacts. 
‘‘(G) Projected ridership and other service measures 
for passenger rail projects. 
‘‘§ 22706. Review 
‘‘The Secretary shall prescribe procedures for States to submit 
State rail plans for review under this title, including standardized 
format and data requirements. State rail plans completed before 
the date of enactment of the Passenger Rail Investment and 
Improvement Act of 2008 that substantially meet the requirements 
of this chapter, as determined by the Secretary, shall be deemed 
by the Secretary to have met the requirements of this chapter.’’. 
Procedures. 
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122 STAT. 4951 
PUBLIC LAW 110–432—OCT. 16, 2008 
(b) CONFORMING AMENDMENT.—The chapter analysis for sub-
title V is amended by inserting the following after the item relating 
to chapter 223: 
‘‘227. State rail plans ........................................................................................
22701’’. 
SEC. 304. TUNNEL PROJECT. 
(a) NEW TUNNEL ALIGNMENT AND ENVIRONMENTAL REVIEW.— 
Not later than September 30, 2013, the Federal Railroad Adminis-
tration, working with Amtrak, the Surface Transportation Board, 
the City of Baltimore, the State of Maryland, and rail operators 
described in subsection (b), as appropriate, shall— 
(1) select and approve, as applicable, a new rail tunnel 
alignment in Baltimore that will permit an increase in train 
speed and service reliability; and 
(2) ensure completion of the related environmental review 
process. 
(b) AFFECTED RAIL OPERATORS.—Rail operators other than 
Amtrak may participate in activities described in subsection (a) 
to the extent that they can demonstrate the intention and ability 
to contribute to the construction of the new tunnel. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for carrying out this section 
$60,000,000 for the period encompassing fiscal years 2009 through 
2013. 
SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL. 
(a) IN GENERAL.—Within 180 days after the date of enactment 
of this Act, Amtrak shall establish a Next Generation Corridor 
Equipment Pool Committee, comprised of representatives of 
Amtrak, the Federal Railroad Administration, host freight railroad 
companies, passenger railroad equipment manufacturers, interested 
States, and, as appropriate, other passenger railroad operators. 
The purpose of the Committee shall be to design, develop specifica-
tions for, and procure standardized next-generation corridor equip-
ment. 
(b) FUNCTIONS.—The Committee may— 
(1) determine the number of different types of equipment 
required, taking into account variations in operational needs 
and corridor infrastructure; 
(2) establish a pool of equipment to be used on corridor 
routes funded by participating States; and 
(3) subject to agreements between Amtrak and States, uti-
lize services provided by Amtrak to design, maintain and 
remanufacture equipment. 
(c) COOPERATIVE AGREEMENTS.—Amtrak and States partici-
pating in the Committee may enter into agreements for the funding, 
procurement, remanufacture, ownership, and management of cor-
ridor equipment, including equipment currently owned or leased 
by Amtrak and next-generation corridor equipment acquired as 
a result of the Committee’s actions, and may establish a corporation, 
which may be owned or jointly-owned by Amtrak, participating 
States, or other entities, to perform these functions. 
(d) FUNDING.—In addition to the authorizations provided in 
this section, capital projects to carry out the purposes of this section 
shall be eligible for grants made pursuant to chapter 244 of title 
49, United States Code. 
Deadline. 
Establishment. 
49 USC 24101 
note. 
Deadline. 
Maryland. 
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122 STAT. 4952 
PUBLIC LAW 110–432—OCT. 16, 2008 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary $5,000,000 for fiscal year 2010, 
to remain available until expended, for grants to Amtrak and States 
participating in the Next Generation Corridor Train Equipment 
Pool Committee established under this section for the purpose of 
designing, developing specifications for, and initiating the procure-
ment of an initial order of 1 or more types of standardized next- 
generation corridor train equipment and establishing a jointly- 
owned corporation to manage that equipment. 
SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM. 
(a) ESTABLISHMENT AND CONTENT.—Chapter 249 is amended 
by adding at the end the following: 
‘‘§ 24910. Rail cooperative research program 
‘‘(a) IN GENERAL.—The Secretary shall establish and carry out 
a rail cooperative research program. The program shall— 
‘‘(1) address, among other matters, intercity rail passenger 
and freight rail services, including existing rail passenger and 
freight technologies and speeds, incrementally enhanced rail 
systems and infrastructure, and new high-speed wheel-on-rail 
systems; 
‘‘(2) address ways to expand the transportation of inter-
national trade traffic by rail, enhance the efficiency of inter-
modal interchange at ports and other intermodal terminals, 
and increase capacity and availability of rail service for seasonal 
freight needs; 
‘‘(3) consider research on the interconnectedness of com-
muter rail, passenger rail, freight rail, and other rail networks; 
and 
‘‘(4) give consideration to regional concerns regarding rail 
passenger and freight transportation, including meeting 
research needs common to designated high-speed corridors, 
long-distance rail services, and regional intercity rail corridors, 
projects, and entities. 
‘‘(b) CONTENT.—The program to be carried out under this sec-
tion shall include research designed— 
‘‘(1) to identify the unique aspects and attributes of rail 
passenger and freight service; 
‘‘(2) to develop more accurate models for evaluating the 
impact of rail passenger and freight service, including the 
effects on highway and airport and airway congestion, environ-
mental quality, and energy consumption; 
‘‘(3) to develop a better understanding of modal choice 
as it affects rail passenger and freight transportation, including 
development of better models to predict utilization; 
‘‘(4) to recommend priorities for technology demonstration 
and development; 
‘‘(5) to meet additional priorities as determined by the 
advisory board established under subsection (c), including any 
recommendations made by the National Research Council; 
‘‘(6) to explore improvements in management, financing, 
and institutional structures; 
‘‘(7) to address rail capacity constraints that affect pas-
senger and freight rail service through a wide variety of options, 
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122 STAT. 4953 
PUBLIC LAW 110–432—OCT. 16, 2008 
ranging from operating improvements to dedicated new infra-
structure, taking into account the impact of such options on 
operations; 
‘‘(8) to improve maintenance, operations, customer service, 
or other aspects of intercity rail passenger and freight service; 
‘‘(9) to recommend objective methodologies for determining 
intercity passenger rail routes and services, including the 
establishment of new routes, the elimination of existing routes, 
and the contraction or expansion of services or frequencies 
over such routes; 
‘‘(10) to review the impact of equipment and operational 
safety standards on the further development of high-speed pas-
senger rail operations connected to or integrated with non- 
high-speed freight or passenger rail operations; 
‘‘(11) to recommend any legislative or regulatory changes 
necessary to foster further development and implementation 
of high-speed passenger rail operations while ensuring the 
safety of such operations that are connected to or integrated 
with non-high-speed freight or passenger rail operations; 
‘‘(12) to review rail crossing safety improvements, including 
improvements using new safety technology; and 
‘‘(13) to review and develop technology designed to reduce 
train horn noise and its effect on communities, including 
broadband horn technology. 
‘‘(c) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—In consultation with the heads of 
appropriate Federal departments and agencies, the Secretary 
shall establish an advisory board to recommend research, tech-
nology, and technology transfer activities related to rail pas-
senger and freight transportation. 
‘‘(2) MEMBERSHIP.—The advisory board shall include— 
‘‘(A) representatives of State transportation agencies; 
‘‘(B) transportation and environmental economists, sci-
entists, and engineers; and 
‘‘(C) representatives of Amtrak, the Alaska Railroad, 
freight railroads, transit operating agencies, intercity rail 
passenger agencies, railway labor organizations, and 
environmental organizations. 
‘‘(d) NATIONAL ACADEMY
OF SCIENCES.—The Secretary may 
make grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities relating 
to the research, technology, and technology transfer activities 
described in subsection (b) as the Secretary deems appropriate. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Transportation $5,000,000 
for each of fiscal years 2010 through 2013 for carrying out this 
section.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis for chapter 
249 is amended by adding at the end the following: 
‘‘24910. Rail cooperative research program.’’. 
SEC. 307. FEDERAL RAIL POLICY. 
Section 103 is amended— 
(1) by inserting ‘‘IN GENERAL.—’’ before ‘‘The Federal’’ in 
subsection (a); 
(2) by striking the second and third sentences of subsection 
(a); 
49 USC 103. 
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122 STAT. 4954 
PUBLIC LAW 110–432—OCT. 16, 2008 
(3) by inserting after subsection (a) the following: 
‘‘(b) SAFETY.—To carry out all railroad safety laws of the United 
States, the Administration is divided on a geographical basis into 
at least 8 safety offices. The Secretary of Transportation is respon-
sible for all acts taken under those laws and for ensuring that 
the laws are uniformly administered and enforced among the safety 
offices.’’; and 
(4) by adding at the end the following: 
‘‘(j) ADDITIONAL DUTIES OF THE ADMINISTRATOR.—The Adminis-
trator shall— 
‘‘(1) provide assistance to States in developing State rail 
plans prepared under chapter 227 and review all State rail 
plans submitted under that section; 
‘‘(2) develop a long-range national rail plan that is con-
sistent with approved State rail plans and the rail needs of 
the Nation, as determined by the Secretary in order to promote 
an integrated, cohesive, efficient, and optimized national rail 
system for the movement of goods and people; 
‘‘(3) develop a preliminary national rail plan within a year 
after the date of enactment of the Passenger Rail Investment 
and Improvement Act of 2008; 
‘‘(4) develop and enhance partnerships with the freight 
and passenger railroad industry, States, and the public con-
cerning rail development; 
‘‘(5) support rail intermodal development and high-speed 
rail development, including high speed rail planning; 
‘‘(6) ensure that programs and initiatives developed under 
this section benefit the public and work toward achieving 
regional and national transportation goals; and 
‘‘(7) facilitate and coordinate efforts to assist freight and 
passenger rail carriers, transit agencies and authorities, 
municipalities, and States in passenger-freight service integra-
tion on shared rights of way by providing neutral assistance 
at the joint request of affected rail service providers and infra-
structure owners relating to operations and capacity analysis, 
capital requirements, operating costs, and other research and 
planning related to corridors shared by passenger or commuter 
rail service and freight rail operations. 
‘‘(k) PERFORMANCE GOALS AND REPORTS.— 
‘‘(1) PERFORMANCE GOALS.—In conjunction with the objec-
tives established and activities undertaken under subsection 
(j) of this section, the Administrator shall develop a schedule 
for achieving specific, measurable performance goals. 
‘‘(2) RESOURCE
NEEDS.—The strategy and annual plans 
shall include estimates of the funds and staff resources needed 
to accomplish each goal and the additional duties required 
under subsection (j). 
‘‘(3) SUBMISSION
WITH
PRESIDENT’S
BUDGET.—Beginning 
with fiscal year 2010 and each fiscal year thereafter, the Sec-
retary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate, 
at the same time as the President’s budget submission, the 
Administration’s performance goals and schedule developed 
under paragraph (1), including an assessment of the progress 
of the Administration toward achieving its performance goals.’’. 
Effective date. 
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122 STAT. 4955 
PUBLIC LAW 110–432—OCT. 16, 2008 
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 Transportation 
Board; 
‘‘(2) the term ‘capital work’ means maintenance, restora-
tion, 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 transportation’ 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, com-
muter rail passenger transportation; 
‘‘(5) the term ‘rail carrier’ means a person, other than 
a governmental authority, providing common carrier 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 separate from trackage, 
including relocated trackage, within the right-of-way used by 
a rail carrier for freight transportation purposes; and 
‘‘(7) the term ‘trackage’ means a railroad line of a rail 
carrier, including a spur, industrial, team, switching, side, yard, 
or station track, and a facility of a rail carrier. 
‘‘§ 28502. Surface Transportation Board mediation of track-
age use requests 
‘‘If, after a reasonable period of negotiation, a public transpor-
tation 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 accordance with the mediation process 
of section 1109.4 of title 49, Code of Federal Regulations, as in 
effect on the date of enactment of this section. 
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122 STAT. 4956 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘§ 28503. Surface Transportation Board mediation of rights- 
of-way use requests 
‘‘If, after a reasonable period of negotiation, a public transpor-
tation 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 
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 enact-
ment 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 section, 
the Board shall issue such rules and regulations as may be nec-
essary to carry out this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters of such sub-
title 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 public 
transportation authorities, and freight railroad carriers are encour-
aged to engage in good faith discussions with respect to the routing 
and timing of trains to efficiently move a maximum number of 
commuter, intercity, and regional rail passengers, particularly 
during the peak times of commuter usage. 
SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER RAIL EXPAN-
SION. 
(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 commuters 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 infra-
structure to provide for increased safety and security along 
a crucial transportation corridor in the Northeast. 
(6) Expanded New Haven-Springfield rail service would 
improve access to Bradley International Airport, one the 
region’s busiest airports, as well as to Hartford, Connecticut, 
Deadline. 
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122 STAT. 4957 
PUBLIC LAW 110–432—OCT. 16, 2008 
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 passenger 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 con-
sumers during a time of high gas prices. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that 
expanded commuter rail service on the rail line between New 
Haven, Connecticut, and Springfield, Massachusetts, is an impor-
tant transportation priority, and Amtrak should work cooperatively 
with the States of Connecticut and 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 Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, 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 between New Haven, Connecticut, and Springfield, 
Massachusetts. 
SEC. 404. LOCOMOTIVE BIOFUEL STUDY. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of Energy and the Administrator of the Environmental 
Protection Agency, shall conduct a study to determine the extent 
to which freight railroads, Amtrak, and other passenger rail opera-
tors 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 con-
sider— 
(1) the energy intensity of various biofuel blends compared 
to diesel fuel; 
(2) environmental and energy effects of using various 
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 emissions using blends 
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122 STAT. 4958 
PUBLIC LAW 110–432—OCT. 16, 2008 
of biofuel and diesel fuel in order to recommend 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 Commerce, 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 Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
containing the results of a study of the feasibility of using readily 
biodegradable lubricants for freight and passenger railroad loco-
motives, rolling stock, or other equipment. The Secretary shall 
work with an agricultural-based lubricant testing facility or facili-
ties 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 according to railroad 
industry standards; 
(2) an analysis of the potential use of other readily bio-
degradable lubricants to perform according to railroad industry 
standards; 
(3) a comparison of the health and safety of petroleum- 
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 infra-
structure— 
(1) develop a strategic plan to facilitate expanded 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, Canada, and Eugene, Oregon (commonly known as 
‘‘Amtrak Cascades’’); 
(2) develop recommendations for the Department of Home-
land 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 strategic 
plan described in paragraph (1) and the recommendations 
described in paragraph (2). 
(b) TRAVEL FACILITATION.—Using existing authority or agree-
ments, or upon reaching additional agreements with Canada, the 
Secretary and other Federal agencies, as appropriate, 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— 
Procedures. 
Reports. 
Recommenda- 
tions. 
Deadline. 
49 USC 24709 
note. 
Deadline. 
Reports. 
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122 STAT. 4959 
PUBLIC LAW 110–432—OCT. 16, 2008 
(1) in Vancouver, Canada, no later than June 1, 2009; 
and 
(2) in other areas as determined appropriate by the Sec-
retary. 
SEC. 407. HISTORIC PRESERVATION OF RAILROADS. 
(a) STUDY; OTHER ACTIONS.—The Secretary of Transportation 
shall— 
(1) conduct a study, in consultation with the Advisory 
Council on Historic Preservation, the National Conference of 
State Historic Preservation Officers, the Department of the 
Interior, appropriate representatives of the railroad industry, 
and representative stakeholders, on ways to streamline compli-
ance with the requirements of section 303 of title 49, United 
States Code, and section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f) for federally funded railroad infra-
structure 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 decisionmaking process for 
safety-related projects of the railroad involving property and 
facilities that have disputed 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 Preserva-
tion, and the Department of the Interior, in expediting the 
decisionmaking process for 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 report shall include recommendations for any regu-
latory or legislative amendments that may streamline compliance 
with the requirements described in subsection (a)(1) in a manner 
consistent 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 develop-
ment’’ and inserting ‘‘High-speed rail corridor planning’’; 
(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 
49 USC 26101. 
State listing. 
Canada. 
Deadline. 
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122 STAT. 4960 
PUBLIC LAW 110–432—OCT. 16, 2008 
(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 following: 
‘‘§ 26106. High-speed rail corridor development 
‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish and implement a high-speed rail corridor development program. 
‘‘(b) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a State, a 
group of States, an Interstate Compact, a public agency estab-
lished by one or more States and having responsibility for 
providing high-speed rail service, or Amtrak. 
‘‘(2) CORRIDOR.—The term ‘corridor’ means a corridor des-
ignated by the Secretary pursuant to section 104(d)(2) of title 
23. 
‘‘(3) CAPITAL PROJECT.—The term ‘capital project’ means 
a project or program in a State rail plan developed under 
chapter 227 of this title for acquiring, constructing, improving, 
or inspecting equipment, track, and track structures, or a 
facility of use in or for the primary benefit of high-speed rail 
service, expenses incidental to the acquisition or construction 
(including designing, engineering, location surveying, mapping, 
environmental studies, and acquiring rights-of-way), payments 
for the capital portions of rail trackage rights agreements, 
highway-rail grade crossing improvements related to high-speed 
rail service, mitigating environmental impacts, communication 
and 
signalization 
improvements, 
relocation 
assistance, 
acquiring replacement housing sites, and acquiring, con-
structing, 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. 
‘‘(5) INTERCITY PASSENGER RAIL SERVICE.—The term ‘inter-
city 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 corridor shall submit 
to the Secretary an application in such form and in accordance 
with such requirements as the Secretary shall establish. 
‘‘(e) COMPETITIVE
GRANT
SELECTION
AND
CRITERIA
FOR 
GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
49 USC 26104. 
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122 STAT. 4961 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(A) establish criteria for selecting among projects that 
meet the criteria specified in paragraph (2); 
‘‘(B) conduct a national solicitation for applications; 
and 
‘‘(C) award grants on a competitive basis. 
‘‘(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 Improvement Act of 2008; 
‘‘(ii) 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 equipment or facilities; 
‘‘(iii) that the project be based on the results of 
preliminary engineering studies or other planning, 
including corridor planning activities funded under sec-
tion 26101 of this title; 
‘‘(iv) that the applicant provides sufficient informa-
tion 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 applicant provide writ-
ten justification to the Secretary showing why the pro-
posed operator is the best, taking into account costs 
and other factors; 
‘‘(vi) that each proposed project meet all safety 
and security requirements that are applicable to the 
project under law; and 
‘‘(vii) that each project be compatible with, and 
operated in conformance with— 
‘‘(I) plans developed pursuant to the require-
ments 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 significant 
improvements to intercity rail passenger service, 
including, but not limited to, consideration of the 
project’s— 
‘‘(I) levels of estimated ridership, increased on- 
time performance, reduced trip time, additional 
service frequency to meet anticipated or existing 
demand, or other significant service enhancements 
as measured against minimum standards devel-
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; 
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122 STAT. 4962 
PUBLIC LAW 110–432—OCT. 16, 2008 
‘‘(II) the readiness of the project to be com-
menced; 
‘‘(III) the commitment of any affected host rail 
carrier to ensure the realization of the anticipated 
benefits; and 
‘‘(IV) other relevant factors as determined 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— 
‘‘(i) that are anticipated to result in benefits 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, airports, bus terminals, subway sta-
tions, ferry ports, and other modes of transpor-
tation; 
‘‘(II) anticipated improvement of conventional 
intercity passenger, freight, or commuter rail oper-
ations; 
‘‘(III) use of positive train control technologies; 
‘‘(IV) 
environmental 
benefits, 
including 
projects that involve the purchase of environ-
mentally sensitive, fuel-efficient, and cost-effective 
passenger rail equipment; 
‘‘(V) anticipated positive economic and employ-
ment impacts; 
‘‘(VI) encouragement of State and private con-
tributions toward station development, energy and 
environmental efficiency, 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 participa-
tion in the project’s financing, including, but not lim-
ited to, consideration of— 
‘‘(I) donated property interests or services; 
‘‘(II) financial contributions by intercity pas-
senger, 
freight, 
and 
commuter 
rail 
carriers 
commensurate with the benefit expected to their 
operations; and 
‘‘(III) financial commitments from host rail-
roads, non-Federal governmental entities, non- 
governmental entities, and others. 
‘‘(3) GRANT CONDITIONS.—The Secretary shall require 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 completed before 
the date of enactment of the Passenger Rail Investment and 
Improvement Act of 2008 that substantially meet the require-
ments of chapter 227 of this title, as determined by the Sec-
retary pursuant to section 22506 of this title, shall be deemed 
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122 STAT. 4963 
PUBLIC LAW 110–432—OCT. 16, 2008 
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.— 
(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, design, 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 Sec-
retary not later than 270 days after the publication of such 
request for proposals under paragraph (1). 
(3) PERFORMANCE STANDARD.—Proposals submitted 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 intercity rail service trip times between 
the main corridor 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, District 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 submit-
ting the proposal and the entities proposed to finance, 
Deadline. 
Deadline. 
49 USC 26106 
note. 
Deadline. 
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122 STAT. 4964 
PUBLIC LAW 110–432—OCT. 16, 2008 
design, construct, operate, and maintain the railroad, rail-
road equipment, and related facilities, stations, and infra-
structure; 
(B) a detailed description of the proposed rail service, 
including possible routes, required infrastructure invest-
ments 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 regula-
tions governing high-speed rail operations; 
(D) the locations of proposed stations, which maximize 
the usage of existing infrastructure to the 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 contribu-
tion 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 investments 
required both initially and in subsequent years to 
maintain a state-of-good-repair necessary 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 expected to make a 
commitment to provide or secure funding and the 
amount of such commitment; and 
(vii) projected funding for the full fair market com-
pensation 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 diminished in value as a result of a 
project, except as otherwise agreed to by the private 
person or entity; 
(H) a description of how the project would contribute 
to the development of a national high-speed rail system 
and an intermodal plan describing how the system will 
facilitate convenient travel connections with other transpor-
tation services; 
(I) a description of how the project will ensure compli-
ance 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, construction, 
implementation, and operation of the project will accommo-
date and allow for future growth of existing and projected 
intercity, commuter, and freight rail service; 
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122 STAT. 4965 
PUBLIC LAW 110–432—OCT. 16, 2008 
(K) a description of how the project would comply 
with Federal and State environmental laws and regula-
tions, of what the environmental impacts would result from 
the project, and how any adverse impacts would be miti-
gated; and 
(L) a description of the project’s impacts on highway 
and aviation congestion, energy consumption, land use, 
and economic development in the service area. 
(b) DETERMINATION AND ESTABLISHMENT OF COMMISSIONS.— 
Not later than 60 days after receipt of the proposals under sub-
section (a), the Secretary shall— 
(1) make a determination as to whether any such pro-
posals— 
(A) contain the information required under subsection 
(a)(3) and (4); 
(B) are sufficiently credible to warrant further consid-
eration; 
(C) are likely to result in a positive impact on the 
Nation’s transportation system; and 
(D) are cost-effective and in the public interest; and 
(2) establish a commission under subsection (c) for each 
corridor with one or more proposals that the Secretary deter-
mines satisfies the requirements of paragraph (1), and forward 
to each commission such proposals for review and consideration. 
(c) COMMISSIONS.— 
(1) MEMBERS.—Each commission referred to in subsection 
(b)(2) shall include— 
(A) the governors of the affected States, or their respec-
tive designees; 
(B) mayors of appropriate municipalities along the pro-
posed 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 authority using 
the relevant corridor, if applicable; 
(E) 
representatives 
of 
nonprofit 
employee 
labor 
organizations representing affected railroad employees; and 
(D) the President of Amtrak or his or her designee. 
(2) APPOINTMENT
AND
SELECTION.—The Secretary shall 
appoint the members under paragraph (1). In selecting each 
commission’s members to fulfill the requirements under para-
graph (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 Committee on Transportation and Infrastruc-
ture. 
(3) CHAIRPERSON AND VICE-CHAIRPERSON SELECTION.—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 commission shall 
not affect its powers and shall be filled in the same manner 
in which the original appointment was made. 
Consultation. 
Deadline. 
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122 STAT. 4966 
PUBLIC LAW 110–432—OCT. 16, 2008 
(5) APPLICATION OF LAW.—Except where otherwise provided 
by this section, the Federal Advisory Committee Act (P.L. 92– 
463) shall apply to each commission created under this section. 
(d) COMMISSION CONSIDERATION.— 
(1) IN GENERAL.—Each commission established under sub-
section (b)(2) shall be responsible for reviewing the proposal 
or proposals forwarded to it under that subsection and not 
later than 90 days after the establishment 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 proposal, 
including projected ridership, revenues, and costs; 
(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 recommended for 
further consideration under subsection (e) in accordance 
with each proposal’s projected positive impact on the 
Nation’s transportation 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 commission con-
cerning the proposed projects. 
(2) VERBAL PRESENTATION.—Proposers shall be given an 
opportunity to make a verbal presentation to the commission 
to explain their proposals. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized 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 section. 
(e) SELECTION BY SECRETARY.— 
(1) Not later than 60 days after receiving the recommended 
proposals of the commissions established under subsection 
(b)(2), the Secretary shall— 
(A) review such proposals and select any proposal 
which provides substantial benefits to the public and the 
national transportation system, is cost-effective, offers 
significant advantages over existing services, and meets 
other relevant factors determined appropriate by the Sec-
retary; and 
(B) issue 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 containing any proposal with respect to sub-
section (a)(1)(A) that is selected by the Secretary under 
subparagraph (A) of this paragraph, all the information 
regarding the proposal provided to the Secretary under 
subsection (d), and any other relevant information deemed 
appropriate. 
Reports. 
Deadline. 
Deadline. 
Reports. 
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122 STAT. 4967 
PUBLIC LAW 110–432—OCT. 16, 2008 
(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 Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing any proposal with 
respect to subparagraphs (B) through (K) of subsection (a)(1) 
that are selected by the Secretary under paragraph (1) of this 
subsection, all the information regarding the proposal provided 
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 submitted under 
paragraph (1) has been considered through a hearing by the 
Committee on Transportation and Infrastructure 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 Secretary submits reports to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the 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 proposal 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, establish, facilitate, 
or otherwise act upon any proposal submitted under this section, 
other than those actions specifically authorized by this section, 
without explicit statutory authority enacted after the date of enact-
ment of this Act. 
(h) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) INTERCITY PASSENGER RAIL.—The term ‘‘intercity pas-
senger rail’’ means intercity rail passenger transportation 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 corridor designated by 
the Secretary pursuant to section 104(d)(2) of title 23, United 
States Code, and the Northeast Corridor. 
Appropriation 
authorization. 
Reports. 
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122 STAT. 4968 
PUBLIC LAW 110–432—OCT. 16, 2008 
TITLE VI—CAPITAL AND PREVENTIVE 
MAINTENANCE PROJECTS FOR WASH-
INGTON METROPOLITAN AREA TRAN-
SIT AUTHORITY 
SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTE-
NANCE PROJECTS FOR WASHINGTON METROPOLITAN 
AREA TRANSIT AUTHORITY. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—Subject to the succeeding provisions of 
this section, the Secretary of Transportation is authorized to 
make grants to the Transit Authority, in addition to the con-
tributions 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 preventive maintenance projects included 
in the Capital Improvement Program approved by the Board 
of Directors of the Transit Authority. 
(2) DEFINITIONS.—In this section— 
(A) the term ‘‘Transit Authority’’ means the Wash-
ington Metropolitan Area Transit Authority established 
under Article III of the Compact; and 
(B) the term ‘‘Compact’’ means the Washington Metro-
politan Area Transit Authority Compact (80 Stat. 1324; 
Public Law 89–774). 
(b) USE
OF FUNDS.—The Federal grants made pursuant to 
the authorization under this section shall be subject to the following 
limitations and conditions: 
(1) The work for which such Federal grants are authorized 
shall be subject to the provisions of the Compact (consistent 
with the amendments to the Compact described in subsection 
(d)). 
(2) Each such Federal grant shall be for 50 percent of 
the net project cost of the project involved, and shall be provided 
in cash from sources other than Federal funds or revenues 
from the operation of public mass transportation systems. Con-
sistent with the terms of the amendment to the Compact 
described in subsection (d)(1), any funds so provided shall be 
solely from undistributed cash surpluses, replacement or depre-
ciation funds or reserves available in cash, or new capital. 
(3) Such Federal grants may be used only for the mainte-
nance and upkeep of the systems of the Transit Authority 
as of the date of the enactment of this Act and may not 
be used to increase the mileage of the rail system. 
(c) APPLICABILITY
OF REQUIREMENTS FOR MASS TRANSPOR-
TATION CAPITAL PROJECTS RECEIVING FUNDS UNDER FEDERAL 
TRANSPORTATION LAW.—Except as specifically provided in this sec-
tion, the use of any amounts appropriated 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 require-
ments are inconsistent with the purposes of this section. 
Grants. 
Grants. 
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122 STAT. 4969 
PUBLIC LAW 110–432—OCT. 16, 2008 
(d) AMENDMENTS TO COMPACT.—No amounts may be provided 
to the Transit Authority pursuant to the authorization under this 
section until the Transit Authority notifies the Secretary of 
Transportation that each of the following amendments to the Com-
pact (and any further amendments which may be required to imple-
ment such amendments) have taken effect: 
(1)(A) An amendment requiring that all payments by the 
local signatory governments for the Transit Authority for the 
purpose of matching any Federal funds appropriated in any 
given year authorized under subsection (a) for the cost of oper-
ating and maintaining the adopted regional system are made 
from amounts derived from dedicated funding sources. 
(B) For purposes of this paragraph, the term ‘‘dedicated 
funding source’’ means any source of funding which is ear-
marked or required under State or local law to be used to 
match Federal appropriations authorized under this division 
for payments to the Transit Authority. 
(2) An amendment establishing an Office of the Inspector 
General of the Transit Authority. 
(3) An amendment expanding the Board of Directors of 
the Transit Authority to include 4 additional Directors 
appointed by the Administrator of General Services, of whom 
2 shall be nonvoting and 2 shall be voting, and requiring 
one of the voting members so appointed to be a regular pas-
senger and customer of the bus or rail service of the Transit 
Authority. 
(e) ACCESS
TO WIRELESS SERVICE
IN METRORAIL SYSTEM.— 
(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 Authority have access within the 
rail system to services provided by any licensed wireless pro-
vider that notifies the Transit Authority (in accordance with 
such procedures as the Transit Authority may adopt) of its 
intent to offer service to the public, in accordance with the 
following timetable: 
(A) Not later than 1 year after the date of the enact-
ment of this Act, in the 20 underground rail station plat-
forms with the highest volume of passenger 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 authorization under 
this section unless the Transit Authority ensures that each 
licensed wireless provider who provides service to the public 
within the rail system pursuant to paragraph (1) has access 
to the system on an ongoing 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 licensed wireless provider 
Notification. 
Deadlines. 
Notification. 
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122 STAT. 4970 
PUBLIC LAW 110–432—OCT. 16, 2008 
LEGISLATIVE HISTORY—H.R. 2095 (S. 1889): 
HOUSE REPORTS: No. 110–336 (Comm. on Transportation and Infrastructure). 
SENATE REPORTS: No. 110–270 accompanying S. 1889 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): Oct. 17, considered and passed House. 
Vol. 154 (2008): Aug. 1, considered and passed Senate, amended. 
Sept. 24, House concurred in Senate amendment with an 
amendment pursuant to H. Res. 1492. 
Oct. 1, Senate concurred in House amendment. 
to pay reasonable and customary 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 Over-
sight and Government Reform of the House of Representatives 
and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the implementation of this 
subsection. 
(5) DEFINITION.—In this subsection, the term ‘‘licensed 
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 section an aggre-
gate amount not to exceed $1,500,000,000 to be available in incre-
ments 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. 
Approved October 16, 2008. 
Appropriation 
authorization. 
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