[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2095 Enrolled Bill (ENR)]

        H.R.2095

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
 To amend title 49, United States Code, to prevent railroad fatalities, 
  injuries, and hazardous materials releases, to authorize the Federal 
         Railroad Safety Administration, 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.
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 employees.
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 passengers 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 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 operating 
    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 section 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 Secretary.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
    Section 20117(a) of title 49, United States Code, is amended to 
read as follows:
    ``(a) In General.--(1) There are authorized to be appropriated to 
the Secretary of Transportation to carry out this part and to carry out 
responsibilities under chapter 51 as delegated or authorized by the 
Secretary--
        ``(A) $225,000,000 for fiscal year 2009;
        ``(B) $245,000,000 for fiscal year 2010;
        ``(C) $266,000,000 for fiscal year 2011;
        ``(D) $289,000,000 for fiscal year 2012; and
        ``(E) $293,000,000 for fiscal year 2013.
    ``(2) With amounts appropriated pursuant to paragraph (1), the 
Secretary shall purchase Gage Restraint Measurement System vehicles and 
track geometry vehicles or other comparable technology as needed to 
assess track safety consistent with the results of the track inspection 
study required by section 403 of the Rail Safety 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 appropriated 
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, hazardous materials safety, 
or other transportation safety. The Administrator shall report directly 
to the Secretary of Transportation.
    ``(e) Deputy Administrator.--The Administration shall have a Deputy 
Administrator who shall be appointed by the Secretary. The Deputy 
Administrator shall carry out duties and powers prescribed by the 
Administrator.
    ``(f) Chief Safety Officer.--The Administration shall have an 
Associate Administrator for Railroad Safety appointed in the career 
service by the Secretary. The 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;
        ``(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 Transportation 
or another Federal Government entity only when specifically provided by 
law. A decision of the Administrator in carrying out the duties or 
powers of the Administration and involving notice and hearing 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 transactions 
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 appropriations 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 
    collisions, derailments, and human factors.
        (2) Improving the consistency and effectiveness of enforcement 
    and compliance programs.
        (3) Improving the identification of high-risk highway-rail 
    grade crossings and strengthening 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 accomplish 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 on 
Commerce, Science, and Transportation and the House of Representatives 
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 Department toward 
    achieving the strategic goals described in subsection (a). The 
    Secretary shall identify any deficiencies in achieving the goals 
    within the strategy and develop and institute measures to remediate 
    such deficiencies. The Secretary 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:
``Sec. 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 conduct 
    behavior-based safety and other research, including pilot programs, 
    before promulgating regulations under this subsection and 
    thereafter. The Secretary shall use any information and experience 
    gathered through such research and pilot programs 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 program plans 
    within a reasonable period of time. If the proposed plan is not 
    approved, the Secretary shall notify the affected railroad carrier 
    as to the specific areas in which the proposed plan is deficient, 
    and the railroad carrier shall correct all deficiencies 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 contents 
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 matters, 
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 subsection (f).
    ``(e) Technology Implementation Plan.--
        ``(1) In general.--As part of its railroad safety risk 
    reduction 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 technology 
    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 technology 
    implementation plan shall include an analysis of the safety impact, 
    feasibility, and cost and benefits of implementing technologies, 
    including processor-based technologies, positive train control 
    systems (as defined in section 20157(i)), electronically controlled 
    pneumatic brakes, rail integrity inspection systems, 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 subsection (c).
        ``(3) Implementation schedule.--A railroad carrier's technology 
    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 section 
    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 complies 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 
    reduction 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 physiological 
        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 alertness 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.
            ``(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 scheduling 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 representing 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, technology 
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:
``Sec. 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-
        inhalation hazardous materials, as defined in parts 171.8, 
        173.115, and 173.132 of title 49, Code of Federal Regulations, 
        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 technical 
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 implementing 
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 minimum, consider the risk 
to railroad employees and the public associated with the operations of 
the railroad carrier.
    ``(g) Regulations.--The Secretary shall prescribe regulations or 
issue orders necessary to implement this section, including regulations 
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 property 
    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 
        subsection (g), designate additional tracks as main line as 
        appropriate for this section; and
            ``(B) for intercity rail passenger transportation or 
        commuter rail passenger transportation routes or segments over 
        which limited or no freight railroad operations occur, the 
        Secretary shall define the term `main line' by regulation.
        ``(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:
``Sec. 20158. Railroad safety technology grants
    ``(a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for the deployment of train control 
technologies, train control component technologies, processor-based 
technologies, 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 
    suppliers, and State and local governments for projects described 
    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 technologies;
            ``(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 
        efficiency.
        ``(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 available 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 RECOMMENDATIONS.
    Not later than December 31, 2008, and annually thereafter, the 
Secretary shall transmit a report to the House of Representatives 
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 recommendation 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:
``Sec. 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.''.
    (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 
    transportation, 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 unavailable 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 unavailable for any 
            service for any railroad carrier; or
            ``(B) except as provided in subparagraph (A), 7 consecutive 
        days, unless that employee has had at least 72 consecutive 
        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 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 agreement; 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 procedural 
requirements of section 20103, if a collective bargaining agreement 
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 Requirement.--
        ``(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 terminal.
        ``(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 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 transportation or 
        in deadhead transportation from a duty assignment 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 officers 
    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 railroad 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 necessary 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.--Section 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 prohibit 
communication necessary to notify an employee of an emergency 
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 Railroad 
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:
``Sec. 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 transportation 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 transportation' 
        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.
            ``(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:
``Sec. 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 regulations and issue orders to establish 
hours of service requirements for train employees engaged in commuter 
rail passenger transportation 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, 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 variations 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 
    necessary 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 complete 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 regulations 
    under subsection (b), the Secretary shall prescribe regulations 
    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.''.

            (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 regulation 
    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 requirements 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 
        supervisors, 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:
``Sec. 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 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 Secretary 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.
``Sec. 20119. Study on use of certain reports and surveys
    ``(a) Study.--The Federal Railroad Administration shall complete 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, railroad 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 prescribed 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:
``Sec. 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 
demonstrate the possible benefits of implementing alternatives to the 
strict application of the requirements of this chapter, including 
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 Register.
    ``(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 subsection 
    (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 Secretary.
    SEC. 202. STATE ACTION PLANS.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall identify the 10 States that have had 
the most highway-rail grade crossing collisions, on average, 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 
disapproved, 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:
``Sec. 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 available to States 
model legislation providing for improving safety by addressing sight 
obstructions, including vegetation growth, topographic 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 Department 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:
``Sec. 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 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 previously 
    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.
        ``(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 previously 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 Secretary, concerning each public 
    crossing located within its borders.
        ``(3) Rulemaking authority.--The Secretary shall prescribe 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-separated; 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 
            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; 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--
            (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 Secretary 
    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 PROBLEMS.
    (a) In General.--Section 20152 is amended to read as follows:
``Sec. 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.''.
    (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 Operation 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 carrying 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.

``Sec. 22501. Financial assistance to States for certain projects
    ``The Secretary of Transportation shall make grants--
        ``(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 
        technologies, 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.
``Sec. 22502. Distribution
    ``The Secretary shall provide the grants to the State agency or 
agencies responsible for highway-rail grade crossing safety.
``Sec. 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 determination 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.
``Sec. 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 education 
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.
``Sec. 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 section 22501(2) of 
this chapter. Amounts appropriated pursuant to this section shall 
remain available until expended.''.
    (b) Conforming Amendment.--The subtitle analysis for subtitle 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 
    following:
``Sec. 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 violations 
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 Prevention'' 
    in the subsection heading of subsection (b) after ``Outreach 
    Program'';
        (4) in subsection (c)--
            (A) by redesignating paragraphs (1) and (2) as 
        subparagraphs (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 highway-
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
        ``(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 Distribution.--
Section 20134(a) is amended by adding at the end the following: ``The 
Secretary may purchase items of nominal value and distribute them to 
the public without charge as part of an educational 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 guidelines 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:
``Sec. 20161. Fostering introduction of new technology to improve 
     safety at highway-rail grade crossings
    ``(a) Findings.--
        ``(1) Collisions between highway users and trains at highway-
    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 
    consolidation 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 motorists 
    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 opportunities 
    for more effective and affordable warnings and safer passage of 
    highway users and trains at remaining highway-rail grade crossings.
        ``(6) Implementation of new crossing safety technology will 
    require extensive cooperation between highway authorities and 
    railroad carriers.
        ``(7) Federal Railroad Administration regulations establishing 
    performance standards for processor-based signal and train control 
    systems provide a suitable framework for qualification 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 determining 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 Administration 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 pursuant to 
subsection (a), the Secretary shall focus on hiring employees--
        (1) specifically trained to conduct on-site railroad and 
    highway-rail grade crossing accident investigations;
        (2) to implement the Railroad Safety Strategy;
        (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 
    infrastructure, 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 technology; 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; Violations 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:
``Sec. 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;
            ``(F) the number of administrative hearings requested and 
        completed related to hazardous materials transportation law 
        violations or enforcement actions against individuals;
            ``(G) the number of cases referred to the Attorney General 
        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 
    conducted 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 
    certification 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 Administrative 
        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 enforcement 
    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 enforcement 
    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 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 
    responsibilities 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 without 
        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 communication 
        (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 restrictions in paragraph 
        (3), after having received the communication 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 investigation.--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 investigation.
        ``(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 communication 
        intercepted pursuant to paragraphs (1) and (2) in proceedings 
        pursuant to section 5122, 5123, 20702(b), 20111, 20112, 20113, 
        or 20114 of this title.
        ``(B) If information obtained through activities set forth in 
    paragraphs (1) and (2) is admitted into evidence for impeachment 
    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 intercept 
    a communication, and collect, retain, analyze, use, and disseminate 
    the information obtained thereby, under a provision 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 Railroad 
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 Railroad 
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 Federal 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 provided 
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 subsection (d), of 
compliance with a railroad safety regulation prescribed 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 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 objectives 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 
    subsection, 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 hurricane, flood, 
    earthquake, mudslide, forest fire, snowstorm, terrorist act, 
    biological outbreak, release of a dangerous radiological, 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.''.

                 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:
``Sec. 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 proficiency of 
    such employees in each such class and craft regarding their 
    knowledge of, and ability to comply with, Federal 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 subcontractor 
    employees, charged with the inspection of track or railroad 
    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 engineers 
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 regulations 
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.''.
    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:
``Sec. 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 prescribing 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 requirements of 
section 20135(b) through (e).''.
    (b) Report.--Not later than 6 months after promulgating regulations 
under section 20162 of title 49, United States Code, the Secretary 
shall issue a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives 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
        (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 Secretary.
    (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 
    implementing 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 Secretary.
    (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 conducted 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 appropriate--
        (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, efficient, 
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 enactment 
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 electronic devices, 
including cell phones, video games, and other distracting 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.
    (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 subsection (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:
``Sec. 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 commonly 
    controlled railroad carriers that the Secretary determines is 
    operating within the United States as a single, integrated 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 Representatives 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:
``Sec. 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 subject to both 
the program and chapter 211 of this title be conducted using a 
scientifically recognized method of testing capable of determining 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 connection 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 consultation 
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 commuter 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.
    (b) Plan Requirements.--Each such plan shall include provisions 
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 contemporaneous 
    documentation of the incident; and
        (3) providing such leave from normal duties as may be necessary 
    and reasonable to receive preventive services, treatment, 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 consultation 
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 protection 
    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 monitoring 
    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 packaging 
    requirements for radioactive materials.
    (b) Report.--Not later than 18 months after the date of enactment 
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 Infrastructure.
    (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 employees 
from unsafe exposure to radiation during the transportation 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 rulemaking proceeding 
to revise the regulations prescribed under section 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:
``Sec. 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 Transportation shall 
prescribe regulations that require railroad carriers--
        ``(1) to provide emergency escape breathing apparatus suitable 
    to provide head and neck coverage with respiratory protection 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 condition; 
    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 hazardous 
    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 
structural 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 periodic briefings on 
such information to the governments of the local jurisdiction in which 
the tunnel is located, including updates whenever a repair or 
rehabilitation project substantially alters the methods of ingress and 
egress. Such governments shall use appropriate 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 requirements 
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 equipment, 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 Administration for review; and
        (4) the Federal Railroad Administration is permitted to perform 
    onsite inspections for the purpose of ensuring compliance 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;
        (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 following 
    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 Administration 
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:
``Sec. 20167. Railroad safety infrastructure improvement grants
    ``(a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for safety improvements to railroad 
infrastructure, including the acquisition, improvement, or 
rehabilitation of intermodal or rail equipment or facilities, including 
track, bridges, tunnels, yards, buildings, passenger stations, 
facilities, and maintenance 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 subsections 
    (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, or for 
    following orders or a treatment plan of a treating physician, 
    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 standards for fitness of duty or, 
    if there are no pertinent Federal Railroad Administration 
    standards, a carrier's medical standards 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 probation, 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 individuals 
    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 railroad 
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 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 PASSENGER ACCIDENTS.
    (a) In General.--Chapter 11 is amended by adding at the end of 
subchapter III the following:
``Sec. 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 coordinating 
    the emotional care and support of the families of passengers 
    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 subsection 
    (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 passenger 
    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 
    accident under subsection (a)(1), determines that further 
    assistance 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 services.--It 
        shall be the responsibility of the director of family support 
        services designated for an accident under subsection (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 passengers 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 subsection 
    (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 reasonable 
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 representative of an attorney) 
    or any potential party to the litigation, including the railroad 
    carrier or rail passenger carrier, to an individual (other than an 
    employee of the rail passenger carrier) injured in the accident, or 
    to a relative of an individual involved in the accident, before the 
    45th day following 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 
        passenger 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 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.
    ``(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 relinquished investigative 
    priority is willing and able to provide assistance to the victims 
    and families of the passengers involved in the accident.
        ``(2) Board assistance.--If this section does not apply to a 
    railroad passenger accident because the Board has relinquished 
    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 construed 
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:
``Sec. 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 Transportation, 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 intercity 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 maintain 
    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 passengers, 
    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 occurs, and 
    for providing staff, to handle calls from the families of the 
    passengers.
        ``(4) A process for providing the notice described in paragraph 
    (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 condition)--
            ``(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 provide 
    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 assistance following 
    each accident.
        ``(11) An assurance that the rail passenger carrier will 
    provide reasonable compensation to any organization designated 
    under section 1139(a)(2) of this title for services provided by the 
    organization.
    ``(c) Use of Information.--Neither the National Transportation 
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 secretary.--
    Nothing in this section shall be construed to abridge 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 sustained, 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 misconduct.
    ``(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 section. 
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 representatives 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 enactment 
of this Act, the Secretary shall transmit a report to the House of 
Representatives Committee on Transportation and Infrastructure and the 
Senate Committee on Commerce, Science, and 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:
``Sec. 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 prevention 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 provisions 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 enactment, 
            the solid waste rail transfer facility has submitted, in 
            good faith, a complete application for all 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 Governor 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 section 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 section 
10909 of this chapter shall affect a rail carrier's ability to conduct 
transportation-related activities with respect to commodities 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, nonmanufacturing 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 regulated 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 waste discarded 
        by hospitals, material discarded by nonmanufacturing activities 
        at prisons and government facilities, and material discarded by 
        other similar establishments 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 generated 
        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 operated 
            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, disposed 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 comprised 
                solely of the railroad transportation of solid waste 
                after the solid waste is loaded for shipment on or in a 
                rail car, including railroad transportation for the 
                purpose of interchanging railroad cars containing solid 
                waste shipments; or
                    ``(II) a facility where solid waste is solely 
                transferred 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, commercial, 
        or industrial wastewater treatment plant, water supply 
        treatment plant, or air pollution control facility exclusive of 
        the treated effluent from a wastewater treatment 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;
            ``(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, ordinances, 
    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 
    subdivision.''.
    (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 EXEMPTION 
      AUTHORITY.
    (a) In General.--Chapter 109 is further amended by adding at the 
end thereof the following:
``Sec. 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 jurisdiction 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 
    modifications, 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
        ``(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 location 
    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 environment, 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 inconsistent 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 developed 
    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 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, regulations, 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:
``Sec. 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 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 Secretary of 
Transportation,'' and inserting ``Secretary and the Secretary 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 following:
        ``(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 
                directors of the unified carrier registration plan 
                determines 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 Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(g)(1)) 
is amended by striking ``25 years'' and inserting ``35 years''.

                           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 national 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.
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 Washington 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 considered 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 appropriated 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 appropriated 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 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 appropriated 
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 advantageous 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 ADMINISTRATION.
    There are authorized to be appropriated to the Secretary for the 
use of the Federal Railroad Administration such sums as necessary 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 paragraphs 
    (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 Washington, 
        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 corridor 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 Improvement Act of 2008; and
            ``(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:
``Sec. 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 Services.--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 following:
    ``(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 
    transportation 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)''.
    (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:
``Sec. 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 
        representatives 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 membership. 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 professional 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.
    ``(2) Not later than 60 days after the end of each fiscal year, the 
Board shall submit a report describing all travel and reimbursable 
business travel expenses paid to each director when performing Board 
duties to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 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 constitute a 
quorum for doing business.
    ``(f) Bylaws.--The Board may adopt and amend bylaws governing the 
operation of Amtrak. The bylaws shall be consistent with this part and 
the articles of incorporation.''.
    (b) Effective Date for Directors' Provision.--The amendment 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 practices;
        (2) shall implement a modern financial accounting and reporting 
    system not later than 3 years after the date of enactment 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;
            (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 Transportation 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 
    operations;
        (3) revenue and expenditure forecasts for non-passenger 
    operations;
        (4) capital funding requirements and expenditures necessary 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-supported 
    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 efficiently 
    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 associated 
    principal and interest payments (both current and anticipated);
        (9) annual cash flow forecasts;
        (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 
    statistics 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 preparing its 
    5-year financial plan; and
        (3) ensure that the plan is consistent with the authorizations 
    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 Department 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 restructure 
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 
negotiations with the holders of Amtrak debt, including leases, 
outstanding 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 
Secretary 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.
    (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 schedules, 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 Transportation 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 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 complete 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 Secretary'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 Committee 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 appropriate, 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 communities 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 a quarterly 
report on the performance and service quality of intercity 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 practicable, 
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 standards 
is not completed within the 180-day period required by subsection (a), 
any party involved in the development of those standards may petition 
the Surface Transportation Board to appoint an arbitrator to assist the 
parties in resolving their disputes through binding arbitration.
    SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING 
      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 determining 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 populations 
    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 determining 
    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 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 capital 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 section, including 
revisions or modifications based on Amtrak's financial 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 voluntarily adopt 
and implement the methodology developed under subsection (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 methodology 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:
``Sec. 24710. Long-distance routes
    ``(a) Annual Evaluation.--Using the financial and performance 
metrics developed under section 207 of the Passenger Rail Investment 
and Improvement Act of 2008, Amtrak shall--
        ``(1) evaluate annually the financial and operating performance 
    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 performing third of such routes.
    ``(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 operating improvements 
based on the data collected through the application of the financial 
and performance metrics developed under section 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 performance 
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 improvement 
plans under this section. If the Federal Railroad Administration 
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 Administration--
        ``(1) shall notify Amtrak, the Inspector General of the 
    Department of Transportation, the Committee on Transportation 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.''.
    (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 Northeast 
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 complete 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 Infrastructure 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 accordance 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 adequate 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.
    SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
      IMPROVEMENTS.
    (a) In General.--Section 24905 is amended to read as follows:
``Sec. 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 Corridor 
    Infrastructure and Operations Advisory Commission (referred to in 
    this section as the `Commission') to promote mutual cooperation and 
    planning pertaining to the rail operations 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 Administration;
            ``(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 
        carriers using the Northeast Corridor selected by the 
        Secretary.
        ``(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 memberships.
        ``(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 necessary 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.--
        ``(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 connections 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 improvements 
        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 Northeast 
        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 Corridor 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 relative use, of 
            costs incurred for the common benefit of more than 1 
            service; and
                ``(iii) all financial contributions made by an operator 
            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;
            ``(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 providing 
    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 compensation 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 Recommendations.--The 
Commission shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives--
        ``(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 necessary 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 Northeast 
    Corridor Safety Committee composed of members appointed by the 
    Secretary. The members shall be representatives 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 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 Commission and 
    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 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-subsidization 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 Northeast Corridor Infrastructure and 
    Operations Advisory Commission 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);
            (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 necessary 
        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 necessary 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 Infrastructure 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 Development.--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 Committee 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 operates, or an entity for which Amtrak 
    operates intercity passenger rail service, the Board shall initiate 
    such an investigation, 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 standards 
    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 prescribing 
    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 prescribing 
    other relief under this subsection the Board shall consider 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 
    appropriate, 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 standards were the 
    result of a rail carrier's failure to provide preference 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 
    subsection (a)(2)(A) and inserting ``Surface Transportation 
    Board'';
        (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:
``Sec. 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 
    infrastructure 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 standards 
        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
        ``(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 passenger 
        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 minimum 
        standards established under section 207 of the Passenger Rail 
        Investment and Improvement Act of 2008 and such additional 
        performance standards as the Administration may establish;
        ``(2) it shall, if the award is made to a rail carrier other 
    than Amtrak, require Amtrak to provide access to its reservation 
    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, necessary 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 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 Committee 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 operation 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 voluntarily terminate their employment with Amtrak 
and relinquish any legal rights to receive termination-related payments 
under any contractual agreement with Amtrak.
    (b) Conditions for Financial Incentives.--As a condition for 
receiving financial assistance grants under this section, Amtrak must 
certify that--
        (1) a reasonable attempt was made to reassign an employee 
    adversely affected under section 24711 of title 49, United States 
    Code, or by the elimination of any route, to other positions within 
    Amtrak in accordance with any contractual agreements;
        (2) the financial assistance results in a net 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 incentives 
authorized under this section may be no greater than $100,000 per 
employee.
    (d) Authorization of Appropriations.--There are hereby authorized 
to be appropriated to the Secretary such sums as may be necessary to 
make grants to Amtrak to provide financial incentives 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 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 provision of services by 
Amtrak, is necessary to carry out this provision and that the operation 
of Amtrak's other services will not be impaired thereby, the Surface 
Transportation Board shall, within 120 days after submission of the 
dispute, issue an order that the facilities and equipment be made 
available, and that services be provided, by Amtrak, and shall 
determine reasonable compensation, liability, and other terms for use 
of the facilities and equipment and provision of the services. 
Compensation shall be determined, as appropriate, in accordance with 
the methodology established pursuant to section 209 of this division, 
if available.
    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 amendments.--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.
    SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING INTERCITY 
      RAIL STATIONS.
    (a) In General.--Amtrak, in consultation with station owners and 
other railroads operating service through the 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 responsible 
person (as defined in section 241(5) of that Act (42 U.S.C. 12161(5))), 
and the earliest practicable date when such improvements can be made. 
The evaluation shall also include a detailed plan and schedule for 
bringing all applicable stations into compliance 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 Infrastructure 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 appropriated 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 ACCESSIBILITY 
      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 Rehabilitation 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:
``Sec. 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 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 Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the on-board service improvements proscribed in the plan and the 
timeline for implementing such improvements.
    SEC. 223. INCENTIVE PAY.
    The Amtrak Board of Directors is encouraged to develop an incentive 
pay program for Amtrak management 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 passenger rail service along the 
    route or along segments of the route, provided that such service 
    will not negatively impact existing Amtrak routes.
        (3) Between Cornwells Heights, Pennsylvania, and New York, New 
    York, to determine whether to expand passenger rail service by 
    increasing the frequency of stops or reducing commuter ticket 
    prices for this route.
        (4) Between Princeton Junction, New Jersey, and Philadelphia, 
    Pennsylvania, to determine whether to expand passenger rail service 
    along the route.
        (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, Maryland, 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, extension 
    of the designation of the Southeast High-Speed Rail Corridor as 
    authorized under section 104(d)(2) of title 23, United States Code, 
    including an analysis of alternative routings for the corridor;
        (B) a feasibility analysis regarding the expansion of the South 
    Central High-Speed Rail Corridor--
            (i) to Memphis, Tennessee;
            (ii) to the Port of Houston, Texas;
            (iii) through Killeen, Texas; and
            (iv) south of San Antonio, Texas, to a location in far 
        south Texas to be chosen at the discretion of the Secretary; 
        and
        (C) a feasibility analysis regarding the expansion of the 
    Keystone Corridor to Cleveland, Ohio.
These analyses shall consider changes that have occurred in the 
region's population, anticipated patterns of population growth, 
connectivity with other modes of transportation, the ability of the 
proposed corridor to reduce regional traffic 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 Transportation 
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 Vancouver, 
        British Columbia, Canada, and Eugene, Oregon (commonly known as 
        ``Amtrak Cascades''); and
        (2) contains recommendations for improving the on-time 
    performance of such routes.
    SEC. 226. PLAN FOR RESTORATION OF SERVICE.
    Within 9 months after the date of enactment of this Act, Amtrak 
shall transmit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a plan for restoring passenger rail 
service between New Orleans, Louisiana, and Sanford, Florida. The plan 
shall include a projected timeline for restoring such service, the 
costs associated with restoring such service, and any 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, Mississippi, 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 productivity of such facilities, and the extent 
to which Amtrak is maximizing opportunities for utilizing each 
facility, including the provision of maintenance and repair to other 
rail carriers. In developing this report, the Inspector General shall 
consult with the Inspector 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 MAINTAIN 
      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 significant 
    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 
    transportation may provide the only feasible common carrier 
    transportation option for a growing number of areas.
        (7) If long-distance trains were eliminated, 23 States and 243 
    communities would be left with no 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 environment 
    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 economic 
    development.
        (14) This division makes meaningful and important reforms to 
    increase the efficiency, profitability and on-time performance of 
    Amtrak's long-distance routes.
    (b) Sense of the Congress.--It is the sense of the Congress that--
        (1) long-distance passenger rail is a vital and 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 continental 
    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.

``Sec. 24401. Definitions
    ``In this chapter:
        ``(1) Applicant.--The term `applicant' means a State (including 
    the District of Columbia), a group of States, an Interstate 
    Compact, or a public agency 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 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 intercity 
        passenger rail service, mitigating environmental impacts, 
        communication and signalization 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 `intercity 
    passenger rail service' means intercity rail passenger 
    transportation, as defined in section 24102 of this title.
``Sec. 24402. Capital investment grants to support intercity passenger 
     rail service
    ``(a) General Authority.--
        ``(1) The Secretary of Transportation may make grants under 
    this section to an applicant to assist in financing the capital 
    costs of facilities, infrastructure, and equipment necessary to 
    provide or improve intercity passenger rail transportation.
        ``(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 purposes 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 procedures 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 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, satisfactory continuing control 
    over the use of the equipment or facilities, and the capability and 
    willingness to maintain the equipment or facilities.
        ``(2) An applicant shall provide sufficient 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 operator 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 
        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;
            ``(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--
                ``(i) the project's 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 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 carrier 
            to ensure the realization of the anticipated benefits; 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 commuter 
            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 equipment;
                ``(v) anticipated positive economic and employment 
            impacts;
                ``(vi) encouragement of State and private contributions 
            toward station development, energy and environmentally 
            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--
                ``(i) donated property interests or services;
                ``(ii) financial contributions by freight and commuter 
            rail carriers commensurate with the benefit expected to 
            their operations; and
                ``(iii) financial commitments from host railroads, non-
            Federal governmental entities, nongovernmental entities, 
            and others.
    ``(d) State Rail Plans.--State rail plans completed before the date 
of enactment of the Passenger Rail Investment and Improvement Act of 
2008 that substantially meet the requirements of chapter 227 of this 
title, as determined by the Secretary pursuant to section 22506 of this 
title, shall be deemed by the Secretary to have met the requirements of 
subsection (c)(1)(A) of this section.
    ``(e) Amtrak Eligibility.--To receive a grant under this section, 
Amtrak may enter into a cooperative agreement with 1 or more States to 
carry out 1 or more projects on a State rail plan's ranked list of rail 
capital projects developed under section 22504(a)(5) of this title. For 
such a grant, Amtrak may not use Federal funds authorized under section 
101(a) or (c) of the Passenger Rail Investment 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 Agreements.--
        ``(1) The Secretary may issue a letter of intent to an 
    applicant announcing an intention to obligate, for a major capital 
    project under this section, an amount from future available budget 
    authority specified in law that is not more than the amount 
    stipulated as the financial participation of the Secretary in the 
    project.
        ``(2) At least 30 days before issuing a letter under paragraph 
    (1) of this subsection, the Secretary shall 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 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 
    improvements under this chapter may not exceed 100 percent.
    ``(h) 2-Year Availability.--Funds appropriated under this section 
shall remain available until expended. If any amount provided as a 
grant under this section is not 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 development 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, 
        locomotive, rail car, vehicle, or other physical asset 
        associated with the project;
            ``(B) cost-sharing of any project expense;
            ``(C) carrying out administration, construction management, 
        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--
        ``(1) in which there is no intercity passenger rail service for 
    the purpose of funding freight rail capital projects that are on a 
    State rail plan developed under chapter 227 of this title that 
    provide public benefits (as defined in chapter 227) as determined 
    by the Secretary; or
        ``(2) in which the rail transportation system is not physically 
    connected to rail systems in the continental United States or may 
    not otherwise qualify for a grant under this section due to the 
    unique characteristics of the geography of that State or other 
    relevant 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 Improvement Act of 
2008 beginning in fiscal year 2009 for grants for capital projects 
eligible under this section not exceeding $2,000,000, including costs 
eligible under section 209(d) of that Act. For grants awarded under 
this subsection, the Secretary may waive requirements of this section, 
including state rail plan requirements, as 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 recreational 
equipment, and to provide storage capacity in trains for such 
transportation, equipment, and other luggage, to ensure passenger 
safety.
``Sec. 24403. Project management oversight
    ``(a) Project Management Plan Requirements.--To receive Federal 
financial assistance for a major capital project under this chapter, an 
applicant must prepare and carry out a project management plan approved 
by the Secretary of Transportation. The plan shall provide for--
        ``(1) adequate recipient staff organization with well-defined 
    reporting relationships, statements of functional responsibilities, 
    job descriptions, and job qualifications;
        ``(2) a budget covering the project management organization, 
    appropriate consultants, property acquisition, utility relocation, 
    systems demonstration staff, audits, and miscellaneous 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, 
    procedures, and responsibilities for construction, system 
    installation, and integration of system components;
        ``(8) material testing policies and procedures;
        ``(9) internal plan implementation and reporting requirements;
        ``(10) criteria and procedures to be used for testing the 
    operational system or its major components;
        ``(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 paragraph 
    (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 assistance 
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.
``Sec. 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 aggregate 
per year.
``Sec. 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 
components' costs, labor costs involved in final assembly shall not be 
included in the calculation.
    ``(4) If the Secretary determines that it is necessary to waive the 
application of paragraph (1) based on a finding under paragraph (2), 
the Secretary shall, before the date on which such finding takes 
effect--
        ``(A) publish in the Federal Register a detailed written 
    justification as to why the waiver is needed; and
        ``(B) provide notice of such finding and an 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 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 infrastructure 
        capacity to accommodate both existing and future freight and 
        passenger operations;
            ``(C) an assurance by the railroad that collective 
        bargaining 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 transportation 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 section 
        504 of the Railroad Revitalization and Regulatory Reform Act of 
        1976 (45 U.S.C. 836) with respect to employees affected by 
        actions taken in connection with the project to be financed in 
        whole or in part by grants under this chapter.
    ``(d) Replacement of Existing Intercity Passenger Rail Service.--
        ``(1) Collective bargaining agreement for intercity passenger 
    rail projects.--Any entity providing intercity passenger railroad 
    transportation that begins operations after the date of enactment 
    of this Act on a project funded in whole or in part by grants made 
    under this chapter and replaces intercity rail passenger service 
    that was provided by Amtrak, unless such service was provided 
    solely by Amtrak to another entity, as of such date shall enter 
    into an agreement with the authorized bargaining agent or agents 
    for adversely affected employees of the predecessor provider that--
            ``(A) gives each such qualified employee of the predecessor 
        provider priority in hiring according to the employee's 
        seniority on the predecessor provider for each position with 
        the replacing entity that is in the employee's craft or class 
        and is available within 3 years after the termination of the 
        service being replaced;
            ``(B) establishes a procedure for notifying such an 
        employee of such positions;
            ``(C) establishes a procedure for such an employee to apply 
        for such positions; and
            ``(D) establishes rates of pay, rules, and working 
        conditions.
        ``(2) Immediate replacement service.--
            ``(A) Negotiations.--If the replacement of preexisting 
        intercity rail passenger service occurs concurrent with or 
        within a reasonable time 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 bargaining agent 
        or agents for the potentially adversely affected employees of 
        the predecessor provider at least 90 days before the date on 
        which it plans to commence service. Within 5 days after the 
        date of receipt of such written 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 matters set forth in subparagraphs (A) through (D) of 
        paragraph (1). The negotiations shall continue for 30 days or 
        until an agreement is reached, whichever is sooner. If at the 
        end of 30 days the parties have not entered into an agreement 
        with respect to all such matters, the unresolved issues shall 
        be submitted for arbitration in accordance with the procedure 
        set forth in subparagraph (B).
            ``(B) Arbitration.--If an agreement has not been entered 
        into with respect to all matters set forth in subparagraphs (A) 
        through (D) of paragraph (1) as described in subparagraph (A) 
        of this paragraph, the parties shall select an 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 experience in arbitrating rail labor 
        protection disputes. Within 5 days after such notification, the 
        parties shall alternately strike names from the list until only 
        1 name remains, and that person shall serve as the neutral 
        arbitrator. Within 45 days after selection of the arbitrator, 
        the arbitrator shall conduct a hearing on the dispute and shall 
        render a decision with respect to the unresolved issues among 
        the matters set forth in subparagraphs (A) through (D) of 
        paragraph (1). The arbitrator shall be guided by prevailing 
        national standard rates of pay, benefits, and working 
        conditions for 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 subparagraphs 
    (A) through (D) of paragraph (1) or the decision of the arbitrator 
    has been rendered.
        ``(4) Subsequent replacement of service.--If the replacement of 
    existing rail passenger service takes place within 3 years after 
    the replacing entity commences intercity passenger rail service, 
    the 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 agreement with respect to all such matters 
    within 60 days after the date on which the replacing entity 
    replaces the predecessor provider, the parties shall select an 
    arbitrator using the procedures set forth in paragraph (2)(B), who 
    shall, within 20 days after the commencement of the arbitration, 
    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.
``Sec. 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 subtitle V is 
amended by inserting the following after the item relating to chapter 
243:

``244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL 
ASSISTANCE......................................................24401''.

    (c) Assistance.--In implementing section 24405(a) of title 49, 
United States Code, the Federal Highway 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 Administration's 
development of such a process does not relieve the Federal Railroad 
Administration of the requirements under paragraph (4) of such 
subsection.
    SEC. 302. CONGESTION GRANTS.
    (a) Amendment.--Chapter 241 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 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 equipment for high 
priority rail corridor projects necessary to reduce congestion or 
facilitate ridership growth in intercity rail passenger transportation.
    ``(b) Eligible Projects.--Projects eligible for grants under this 
section include projects--
        ``(1) identified by Amtrak as necessary to reduce congestion or 
    facilitate ridership growth in intercity rail passenger 
    transportation along heavily traveled rail corridors;
        ``(2) identified by the Surface Transportation Board as 
    necessary 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.

``Sec. 22701. Definitions
    ``In this subchapter:
        ``(1) Private benefit.--
            ``(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, coordination, and 
    administration of the State rail plan.
``Sec. 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 minimum 
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 Secretary.
``Sec. 22703. Purposes
    ``(a) Purposes.--The purposes of a State rail plan are as follows:
        ``(1) To set forth State policy involving freight and passenger 
    rail transportation, including commuter rail operations, in the 
    State.
        ``(2) To establish the period covered by the State rail plan.
        ``(3) To present priorities and strategies to enhance rail 
    service in the State that benefits the public.
        ``(4) To serve as the basis for Federal and State rail 
    investments within the State.
    ``(b) Coordination.--A State rail plan shall be 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.
``Sec. 22704. Transparency; coordination; review
    ``(a) Preparation.--A State shall provide adequate and reasonable 
notice and opportunity for comment and other input to the public, rail 
carriers, commuter and transit 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 municipalities 
as deemed appropriate by the State.
``Sec. 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 
    segments not currently in service.
        ``(3) A statement of the State's passenger rail service 
    objectives, including minimum service levels, for rail 
    transportation routes in the State.
        ``(4) A general analysis of rail's transportation, economic, 
    and environmental impacts in the State, including congestion 
    mitigation, trade and economic 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 
    prospective public capital and operating funding resources, public 
    subsidies, 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 
    stakeholders.
        ``(8) A review of major passenger and freight intermodal rail 
    connections and facilities within the State, including seaports, 
    and prioritized options to maximize service integration and 
    efficiency between rail and other modes of transportation within 
    the State.
        ``(9) A review of publicly funded projects within the State to 
    improve rail transportation safety and security, including all 
    major projects funded under section 130 of title 23.
        ``(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 program 
    included in a State rail plan under subsection (a)(5) shall, at a 
    minimum, include the following matters:
            ``(A) A list of any rail capital projects 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 consideration the 
    following matters:
            ``(A) Contributions made by non-Federal and non-State 
        sources through user fees, matching funds, or other private 
        capital involvement.
            ``(B) Rail capacity and congestion effects.
            ``(C) Effects on highway, aviation, and 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.
``Sec. 22706. Review
    ``The Secretary shall prescribe procedures for States to submit 
State rail plans for review under this title, including standardized 
format and data requirements. State rail plans completed before the 
date of enactment of the Passenger Rail Investment and Improvement Act 
of 2008 that substantially meet the requirements of this chapter, as 
determined by the Secretary, shall be deemed by the Secretary to have 
met the requirements of this chapter.''.
    (b) Conforming Amendment.--The chapter analysis for subtitle V is 
amended by inserting the following after the item relating to chapter 
223:

``227.  State rail plans........................................22701''.

    SEC. 304. TUNNEL PROJECT.
    (a) New Tunnel Alignment and Environmental Review.--Not later than 
September 30, 2013, the Federal Railroad Administration, working with 
Amtrak, the Surface Transportation Board, the City of Baltimore, the 
State of Maryland, and rail operators described in subsection (b), as 
appropriate, shall--
        (1) select and approve, as applicable, a new rail tunnel 
    alignment in Baltimore that will permit an 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 specifications for, and procure 
standardized next-generation corridor equipment.
    (b) Functions.--The Committee may--
        (1) determine the number of different types of equipment 
    required, taking into account variations in operational needs and 
    corridor infrastructure;
        (2) establish a pool of equipment to be used on corridor routes 
    funded by participating States; and
        (3) subject to agreements between Amtrak and States, utilize 
    services provided by Amtrak to design, maintain and remanufacture 
    equipment.
    (c) Cooperative Agreements.--Amtrak and States participating in the 
Committee may enter into agreements for the funding, procurement, 
remanufacture, ownership, and management of corridor equipment, 
including 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.
    (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 procurement 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:
``Sec. 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 
    international trade traffic by rail, enhance the efficiency of 
    intermodal interchange at ports and other intermodal terminals, and 
    increase capacity and availability of rail service for seasonal 
    freight needs;
        ``(3) consider research on the interconnectedness of commuter 
    rail, passenger rail, freight rail, and other rail networks; and
        ``(4) give consideration to regional concerns 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 section 
shall include research designed--
        ``(1) to identify the unique aspects and attributes of rail 
    passenger and freight service;
        ``(2) to develop more accurate models for evaluating the impact 
    of rail passenger and freight service, including the effects on 
    highway and airport and airway congestion, environmental 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 
    passenger and freight rail service through a wide variety of 
    options, ranging from operating improvements to dedicated new 
    infrastructure, 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 passenger 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, technology, and 
    technology transfer activities related to rail passenger and 
    freight transportation.
        ``(2) Membership.--The advisory board shall include--
            ``(A) representatives of State transportation agencies;
            ``(B) transportation and environmental economists, 
        scientists, and engineers; and
            ``(C) representatives of Amtrak, the Alaska Railroad, 
        freight railroads, transit operating agencies, intercity rail 
        passenger agencies, 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);
        (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 responsible 
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 Administrator 
shall--
        ``(1) provide assistance to States in developing State rail 
    plans prepared under chapter 227 and review all State rail plans 
    submitted under that section;
        ``(2) develop a long-range national rail plan that is 
    consistent with approved State rail plans and the rail needs of the 
    Nation, as determined by the Secretary in order to promote an 
    integrated, cohesive, efficient, and optimized national rail system 
    for the movement of goods and people;
        ``(3) develop a preliminary national rail plan within a year 
    after the date of enactment of the Passenger Rail Investment and 
    Improvement Act of 2008;
        ``(4) develop and enhance partnerships with the freight and 
    passenger railroad industry, States, and the public concerning rail 
    development;
        ``(5) support rail intermodal development and high-speed rail 
    development, including high speed rail planning;
        ``(6) ensure that programs and initiatives developed under this 
    section benefit the public and work toward achieving regional and 
    national transportation goals; and
        ``(7) facilitate and coordinate efforts to assist freight and 
    passenger rail carriers, transit agencies and authorities, 
    municipalities, and States in passenger-freight service integration 
    on shared rights of way by providing neutral assistance at the 
    joint request of affected rail service providers and infrastructure 
    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 objectives 
    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 Secretary 
    shall submit to the Committee on Transportation and Infrastructure 
    of the House of Representatives and the Committee on Commerce, 
    Science, and Transportation of the Senate, at the same time as the 
    President's budget submission, the Administration's performance 
    goals and schedule developed under paragraph (1), including an 
    assessment of the progress of the Administration toward achieving 
    its performance goals.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

    SEC. 401. COMMUTER RAIL MEDIATION.
    (a) Amendment.--Part E of subtitle V is amended by adding at the 
end the following:

                 ``CHAPTER 285--COMMUTER RAIL MEDIATION

``Sec.
``28501. Definitions
``28502. Surface Transportation Board mediation of trackage use 
          requests.
``28503. Surface Transportation Board mediation of rights-of-way use 
          requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.

``Sec. 28501. Definitions
    ``In this chapter--
        ``(1) the term `Board' means the Surface Transportation Board;
        ``(2) the term `capital work' means maintenance, restoration, 
    reconstruction, capacity enhancement, or rehabilitation work on 
    trackage that would be treated, in accordance with generally 
    accepted accounting principles, as a capital item rather than an 
    expense;
        ``(3) the term `commuter rail passenger 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, commuter 
    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.
``Sec. 28502. Surface Transportation Board mediation of trackage use 
     requests
    ``If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
use trackage of, and have related services provided by, the rail 
carrier for purposes of commuter rail passenger transportation, the 
public transportation authority or the rail carrier may apply to the 
Board for nonbinding mediation. The Board shall conduct the nonbinding 
mediation in 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.
``Sec. 28503. Surface Transportation Board mediation of rights-of-way 
     use requests
    ``If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
acquire an interest in a railroad right-of-way for the construction and 
operation of a segregated fixed guideway facility to provide commuter 
rail passenger transportation, the public transportation authority or 
the rail carrier may apply to the Board for nonbinding 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.
``Sec. 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.
``Sec. 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 necessary to 
carry out this chapter.''.
    (b) Clerical Amendment.--The table of chapters of such subtitle is 
amended by adding after the item relating to chapter 283 the following:

``285. COMMUTER RAIL MEDIATION..................................28501''.

    SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK.
    Amtrak, commuter rail entities, regional and State public 
transportation authorities, and freight railroad carriers are 
encouraged to engage in good faith discussions with respect to the 
routing and timing of trains to efficiently move a 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 EXPANSION.
    (a) Findings.--The Congress find the following:
        (1) In 2006, Americans took 10.1 billion trips on public 
    transportation for the first time since 1949.
        (2) The Northeast region is one of the Nation's largest 
    emerging transportation ``megaregions'' where infrastructure 
    expansion and improvements are most needed.
        (3) New England's road traffic has increased two to three times 
    faster than its population since 1990.
        (4) Connecticut has one of the Nation's longest average commute 
    times according to the United States Census Bureau, and 80 percent 
    of Connecticut 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 infrastructure 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, 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 consumers 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 important 
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 Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and to the State Departments of 
Transportation of Connecticut and Massachusetts, on the total cost of 
uncompleted infrastructure maintenance on the rail line between New 
Haven, Connecticut, and Springfield, Massachusetts.
    SEC. 404. LOCOMOTIVE BIOFUEL STUDY.
    (a) In General.--The Secretary, in consultation with the Secretary 
of Energy and the Administrator of the Environmental Protection Agency, 
shall conduct a study to determine the extent to which freight 
railroads, Amtrak, and other passenger rail operators could use biofuel 
blends to power locomotives and other vehicles that can operate on 
diesel fuel, as appropriate.
    (b) Definition.--In this section, the term ``biofuel'' has the 
meaning given such term by section 9001 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8101).
    (c) Factors.--In conducting the study, the Secretary shall 
consider--
        (1) the energy intensity of various biofuel blends compared to 
    diesel fuel;
        (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 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 
locomotives, rolling stock, or other equipment. The Secretary shall 
work with an agricultural-based lubricant testing facility or 
facilities to complete this study. The study shall include--
        (1) an analysis of the potential use of soy-based grease and 
    soy-based hydraulic fluids to perform according to railroad 
    industry standards;
        (2) an analysis of the potential use of other readily 
    biodegradable lubricants to perform according to railroad industry 
    standards;
        (3) a comparison of the health and safety of 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 
infrastructure--
        (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 Homeland 
    Security to process efficiently rail passengers traveling on Amtrak 
    Cascades across such international border during the 2010 Olympic 
    Games; and
        (3) submit to Congress a report containing the strategic plan 
    described in paragraph (1) and the recommendations described in 
    paragraph (2).
    (b) Travel Facilitation.--Using existing authority or agreements, 
or upon reaching additional agreements with Canada, the Secretary and 
other Federal agencies, as appropriate, are authorized to establish 
facilities and procedures to conduct preclearance of passengers 
traveling on Amtrak trains from Canada to the United States. The 
Secretary shall seek to establish such facilities and procedures--
        (1) in Vancouver, Canada, no later than June 1, 2009; and
        (2) in other areas as determined appropriate by the Secretary.
    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 compliance with the 
    requirements of section 303 of title 49, United States Code, and 
    section 106 of the National Historic Preservation Act (16 U.S.C. 
    470f) for federally funded railroad infrastructure repair and 
    improvement projects;
        (2) take immediate action to cooperate with the Alaska 
    Railroad, the Alaska State Historic 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 Preservation, 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 regulatory 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 
    development'' 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
        (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:
``Sec. 26106. High-speed rail corridor development
    ``(a) In General.--The Secretary of Transportation shall establish 
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 established by 
    one or more States and having responsibility for providing high-
    speed rail service, or Amtrak.
        ``(2) Corridor.--The term `corridor' means a corridor 
    designated by the Secretary pursuant to section 104(d)(2) of title 
    23.
        ``(3) Capital project.--The term `capital project' means a 
    project or program in a State rail plan 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, constructing, relocating, and rehabilitating 
    replacement housing.
        ``(4) High-speed rail.--The term `high-speed rail' means 
    intercity passenger rail service that is reasonably expected to 
    reach speeds of at least 110 miles per hour.
        ``(5) Intercity passenger rail service.--The term `intercity 
    passenger rail service' has the meaning given the term `intercity 
    rail passenger transportation' in section 24102 of this title.
        ``(6) State.--The term `State' means any of the 50 States or 
    the District of Columbia.
    ``(c) General Authority.--The Secretary may make grants under this 
section to an applicant to finance capital projects in high-speed rail 
corridors.
    ``(d) Applications.--Each applicant seeking to receive a grant 
under this section to develop a high-speed rail 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--
            ``(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 section 
            26101 of this title;
                ``(iv) that the applicant provides sufficient 
            information upon which the Secretary can make the findings 
            required by this subsection;
                ``(v) that if an applicant has selected the proposed 
            operator of its service, that the applicant provide written 
            justification to the Secretary showing why the proposed 
            operator is the best, taking into account costs and other 
            factors;
                ``(vi) that each proposed project meet all safety and 
            security requirements that are 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 requirements 
                of section 135 of title 23; and
                    ``(II) the national rail plan (if it is available);

            ``(B) select high-speed rail projects--
                ``(i) that are anticipated to result in 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 developed under section 207 
                of the Passenger Rail Investment and Improvement Act of 
                2008;
                    ``(II) anticipated favorable impact on air or 
                highway traffic congestion, capacity, or safety; and

                ``(ii) for which there is a high degree of confidence 
            that the proposed project is feasible and will result in 
            the anticipated benefits, as indicated by--

                    ``(I) the project's precommencement compliance with 
                environmental protection requirements;
                    ``(II) the readiness of the project to be 
                commenced;
                    ``(III) the commitment of any 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 stations, 
                ferry ports, and other modes of transportation;
                    ``(II) anticipated improvement of conventional 
                intercity passenger, freight, or commuter rail 
                operations;
                    ``(III) 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 
                equipment;
                    ``(V) anticipated positive economic and employment 
                impacts;
                    ``(VI) encouragement of State and private 
                contributions 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 
            participation in the project's financing, including, but 
            not limited to, consideration of--

                    ``(I) donated property interests or services;
                    ``(II) financial contributions by intercity 
                passenger, freight, and commuter rail carriers 
                commensurate with the benefit expected to their 
                operations; and
                    ``(III) financial commitments from host railroads, 
                non-Federal governmental entities, non-governmental 
                entities, and others.

        ``(3) Grant conditions.--The Secretary shall 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 requirements of chapter 227 
    of this title, as determined by the Secretary pursuant to section 
    22506 of this title, shall be deemed by the Secretary to have met 
    the requirements of paragraph (2)(A)(i) of this subsection.
    ``(f) Federal Share.--The Federal share of the cost of a project 
financed under this section shall not exceed 80 percent of the project 
net capital cost.
    ``(g) Issuance of Regulations.--Within 1 year after the date of 
enactment of this section, the Secretary shall issue regulations to 
carry out this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
        ``(1) $150,000,000 for fiscal year 2009;
        ``(2) $300,000,000 for fiscal year 2010;
        ``(3) $350,000,000 for fiscal year 2011;
        ``(4) $350,000,000 for fiscal year 2012; and
        ``(5) $350,000,000 for fiscal year 2013.''.
    (e) Table of Sections Amendment.--The table of sections for chapter 
261 is amended by adding after the item relating to section 26105 the 
following new item:

``26106. High-speed rail corridor development.''.
    SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS.
    (a) Solicitation of Proposals.--
        (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 Secretary 
    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 submitting 
        the proposal and the entities proposed to finance, design, 
        construct, operate, and maintain the railroad, railroad 
        equipment, and related facilities, stations, and 
        infrastructure;
            (B) a detailed description of the proposed rail service, 
        including possible routes, required infrastructure investments 
        and improvements, equipment needs and type, train frequencies, 
        peak and average operating speeds, and trip times;
            (C) a description of how the project would comply with 
        Federal rail safety and security laws, orders, and regulations 
        governing high-speed rail operations;
            (D) the locations of proposed stations, which maximize the 
        usage of existing infrastructure to the extent possible, and 
        the populations such stations are intended to serve;
            (E) the type of equipment to be used, including any 
        technologies, to achieve trip time goals;
            (F) a description of any proposed legislation needed to 
        facilitate all aspects of the project;
            (G) a financing plan identifying--
                (i) projected revenue, and sources thereof;
                (ii) the amount of any requested public contribution 
            toward the project, and proposed sources;
                (iii) projected annual ridership projections for the 
            first 10 years of operations;
                (iv) annual operations and capital costs;
                (v) the projected levels of capital 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 
            compensation for any asset, property right or interest, or 
            service acquired from, owned, or held by a private person 
            or Federal entity that would be acquired, impaired, or 
            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 transportation 
        services;
            (I) a description of how the project will ensure compliance 
        with Federal laws governing the rights and status of employees 
        associated with the route and service, including those 
        specified in section 24405 of title 49, United States Code;
            (J) a description of how the design, construction, 
        implementation, and operation of the project will accommodate 
        and allow for future growth of existing and projected 
        intercity, commuter, and freight rail service;
            (K) a description of how the project would comply with 
        Federal and State environmental laws and regulations, of what 
        the environmental impacts would result from the project, and 
        how any adverse impacts would be mitigated; and
            (L) a description of the project's impacts on highway and 
        aviation congestion, energy 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 subsection (a), the 
Secretary shall--
        (1) make a determination as to whether any such proposals--
            (A) contain the information required under subsection 
        (a)(3) and (4);
            (B) are sufficiently credible to warrant further 
        consideration;
            (C) are likely to result in a positive impact on the 
        Nation's transportation system; and
            (D) are cost-effective and in the public interest; and
        (2) establish a commission under subsection (c) for each 
    corridor with one or more proposals that the Secretary determines 
    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 
        respective designees;
            (B) mayors of appropriate municipalities along the proposed 
        corridor, or their respective designees;
            (C) a representative from each freight railroad carrier 
        using the relevant corridor, if applicable;
            (D) a representative from each transit 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 paragraph (1)(B) and (E), the 
    Secretary shall consult with the Chairmen and Ranking Members of 
    the Senate Committee on Commerce, Science, and Transportation and 
    the House of Representatives Committee on Transportation and 
    Infrastructure.
        (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.
        (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 subsection 
    (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 concerning 
        the proposed projects.
        (2) Verbal presentation.--Proposers shall be given an 
    opportunity to make a verbal presentation to the commission to 
    explain their proposals.
        (3) Authorization of appropriations.--There are authorized to 
    be appropriated to the Secretary for the use of each commission 
    established under subsection (b)(2) such sums as are necessary to 
    carry out this 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 Secretary; 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 subsection 
        (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.
        (2) Following the submission of the report under paragraph 
    (1)(B), the Secretary shall transmit to the Committee on 
    Transportation and Infrastructure of the House of Representatives 
    and the Committee on Commerce, Science, and Transportation 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 enactment of this Act.
    (h) Definitions.--In this section, the following definitions apply:
        (1) Intercity passenger rail.--The term ``intercity passenger 
    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.

 TITLE VI--CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON 
                  METROPOLITAN AREA TRANSIT AUTHORITY

    SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE 
      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 contributions 
    authorized under sections 3, 14, and 17 of the National Capital 
    Transportation Act of 1969 (sec. 9-1101.01 et seq., D.C. Official 
    Code), for the purpose of financing in part the capital and 
    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 Washington 
        Metropolitan Area Transit Authority established under Article 
        III of the Compact; and
            (B) the term ``Compact'' means the Washington Metropolitan 
        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. Consistent 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 depreciation funds or reserves 
    available in cash, or new capital.
        (3) Such Federal grants may be used only for the maintenance 
    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 Transportation Capital 
Projects Receiving Funds Under Federal Transportation Law.--Except as 
specifically provided in this section, 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 requirements are inconsistent with the purposes of this 
section.
    (d) Amendments to Compact.--No amounts may be provided to the 
Transit Authority pursuant to the authorization under this section 
until the Transit Authority notifies the Secretary of Transportation 
that each of the following amendments to the Compact (and any further 
amendments which may be required to implement such amendments) have 
taken effect:
        (1)(A) An amendment requiring that all payments by the local 
    signatory governments for the Transit Authority for the purpose of 
    matching any Federal funds appropriated in any given year 
    authorized under subsection (a) for the cost of operating 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 earmarked 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 passenger 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 provider 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 enactment 
        of this Act, in the 20 underground rail station platforms 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 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 Oversight 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 aggregate 
amount not to exceed $1,500,000,000 to be available in increments over 
10 fiscal years beginning in fiscal year 2009, or until expended.
    (g) Availability.--Amounts appropriated pursuant to the 
authorization under this section shall remain available until expended.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.