[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4122 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4122

To support the development of high-speed rail in the United States, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2007

  Mr. Costa introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To support the development of high-speed rail in the United States, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Investment in Safe, 
Reliable High-Speed Rail Act''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) The Intermodal Surface Transportation Efficiency Act of 
        1991 (ISTEA) (Public Law 102-240) discussed high-speed rail as 
        part of an intermodal transportation system for the United 
        States, and directed the Department of Transportation to ``lead 
        and coordinate Federal efforts in the research and development 
        of high-speed ground transportation technologies in order to 
        foster implementation of magnetic levitation and high-speed 
        steel wheel on rail transportation systems as alternatives to 
        existing transportation systems.''.
            (2) The Department of Transportation has designated eleven 
        high-speed rail corridors in the United States.
            (3) High-speed rail development will be a state-of-the-art 
        transportation system that will have impact on climate change.
            (4) High-speed rail is an efficient, practical, and less 
        polluting transportation mode that can fill the gap between 
        future demand and present capacity.
            (5) High-speed rail will greatly reduce carbon dioxide 
        emissions by reducing vehicle travel and make major contributes 
        to efforts to reduce greenhouses gas emissions and combat 
        global warming.
            (6) High-speed rail will drastically reduce the traffic 
        congestion currently plaguing our Nation's busiest highway 
        systems.
            (7) Most of the high-speed rail tracks will be at ground 
        level, only needing a minimum path 50 feet wide, comparable to 
        a new two-lane road with shoulders, but providing 20 times the 
        transportation capacity.
            (8) The future growth of the United States will require 
        multimodal of transportation to ease travel across the country.
            (9) High-speed rail can provide a viable alternative to 
        airspace capacity problems the Federal Aviation Administration 
        admits it cannot solve in the Los Angeles to Bay Area air 
        corridor. High-speed rail will have comparable and often 
        shorter travel times when compared to air travel on trips 200 
        to 500 miles in length, allowing it to significantly reduce 
        airspace congestion.
            (10) The only current fast train lines in the country only 
        average a speed of 82.2 miles per hour.
            (11) Rail track will be fully grade-separated from road 
        traffic with bridges or underpasses.
            (12) At peak travel times, trains can be expanded to 
        accommodate more passengers than the current congested highway 
        system.
            (13) The Federal Government has traditionally participated 
        in significant infrastructure improvements such as the 
        Transcontinental Railroad, Interstate Highway System, and the 
        Tennessee Valley Authority, as well as our Nation's port and 
        harbor systems.
            (14) The economic strength and development of our Nation 
        has been led by advances in transportation projects, such as 
        the Erie Canal, Transcontinental Railroad, Interstate Highway 
        System, and airports.
            (15) Improving the linkage of major metropolitan areas 
        across the country using rail systems can bring great economic 
        growth.
            (16) Expanding the Nation's highways and airports is 
        costly, and constrained by environmental restrictions.
            (17) High-speed rail construction will yield millions of 
        jobs throughout the country.
            (18) Advances in rail technology have allowed high-speed 
        rail systems in Europe and Japan to attain speeds of up to 357 
        miles per hour and provide a much needed alternative for trips 
        in the 200 to 500-mile range.
            (19) The Shinkansen high-speed trains in Japan carry over 
        300,000,000 passengers a year, and the system's 1,540 miles of 
        track continues to expand due to demand for travel.
            (20) High-speed rail will save up to tens of millions of 
        barrels of oil per year.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish high-speed rail in the 
United States--
            (1) to further right-of-way purchases, designs, and 
        construction of high-speed rail systems in the United States;
            (2) to create a 21st century intermodal transportation 
        system;
            (3) to alleviate the air and highway congestion plaguing 
        our Nation; and
            (4) to develop an environmentally friendly and efficient 
        mass transportation system to reduce greenhouse gas emissions.

SEC. 4. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL SERVICE.

    (a) In General.--Part C of subtitle V of title 49, United States 
Code, 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.
``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, a public agency established by one or more 
        States, or a public-private or private entity which is 
        responsible 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 
        225 of this title for--
                    ``(A) design, right-of-way acquisition, and 
                construction of high-speed rail in the United States;
                    ``(B) 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, security, mitigating environmental impacts, 
                communication and signalization improvements, 
                relocation assistance, acquiring replacement housing 
                sites, and acquiring, constructing, relocating, and 
                rehabilitating replacement housing;
                    ``(C) rehabilitating, remanufacturing, or 
                overhauling rail rolling stock and facilities used 
                primarily in intercity passenger rail service;
                    ``(D) costs associated with developing State rail 
                plans; and
                    ``(E) 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 transportation 
        services with the primary purpose of passenger transportation 
        between towns, cities, and metropolitan areas by rail, 
        including high-speed rail, as defined in section 24102.
``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 high-speed 
right-of-way acquisition, design, and construction of capital projects, 
and the financing of the capital costs of facilities and equipment 
necessary to provide or improve intercity passenger rail 
transportation.
    ``(2) 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 chapter, 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 90 days after the date of enactment of this chapter.
    ``(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 225 of this title, 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 that each proposed project meet all safety 
        and security requirements that are applicable to the project 
        under law;
            ``(2) give preference to projects with high 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;
            ``(3) encourage intermodal connectivity through projects 
        that provide direct connections between train stations, 
        airports, bus terminals, subway stations, ferry ports, and 
        other modes of transportation;
            ``(4) ensure that each project is compatible with, and is 
        operated in conformance with--
                    ``(A) plans developed pursuant to the requirements 
                of section 135 of title 23, United States Code; and
                    ``(B) the national rail plan (if it is available);
            ``(5) favor the following kinds of projects:
                    ``(A) Projects that are expected to have a 
                significant favorable impact on air or highway traffic 
                congestion, capacity, or safety.
                    ``(B) Projects that also improve freight or 
                commuter rail operations.
                    ``(C) Projects that have significant environmental 
                benefits particularly through reduced carbon emissions 
                resulting from the lower use of other competing modes 
                in the same travel corridor.
                    ``(D) Projects that are--
                            ``(i) at a stage of preparation that all 
                        precommencement compliance with environmental 
                        protection requirements has already been 
                        completed; and
                            ``(ii) ready to be commenced.
                    ``(E) Projects with positive economic and 
                employment impacts.
                    ``(F) Projects that encourage the use of positive 
                train control technologies.
                    ``(G) Projects that have commitments of funding 
                from non-Federal Government sources in a total amount 
                that exceeds the minimum amount of the non-Federal 
                contribution required for the project.
                    ``(H) Projects that involve donated property 
                interests or services.
                    ``(I) Projects that are identified by the Surface 
                Transportation Board as necessary to improve the on 
                time performance and reliability of intercity passenger 
                rail under section 24308(f).
                    ``(J) Projects described in section 5302(a)(1)(G) 
                of this title that are designed to support intercity 
                passenger rail service.
                    ``(K) Projects that provide viable solutions to the 
                airside capacity problems in critical corridors 
                identified by the Federal Aviation Administration; and
            ``(6) give preference to the following projects designated 
        as a high-speed rail corridor:
                    ``(A) California Corridor connecting the San 
                Francisco Bay area and Sacramento to Los Angeles and 
                San Diego.
                    ``(B) Chicago Hub Corridor Network with the 
                following spokes:
                            ``(i) Chicago to Detroit.
                            ``(ii) Chicago to Minneapolis/St. Paul, MN, 
                        via Milwaukee, WI.
                            ``(iii) Chicago to Kansas City, MO, via 
                        Springfield, IL, and St Louis, MO.
                            ``(iv) Chicago to Louisville, KY, via 
                        Indianapolis, IN, and Cincinnati, OH.
                            ``(v) Chicago to Cleveland, OH, via Toledo, 
                        OH.
                            ``(vi) Cleveland, OH, to Cincinnati, OH, 
                        via Columbus, OH.
                    ``(C) Empire State Corridor from New York City, NY, 
                through Albany, NY to Buffalo, NY.
                    ``(D) Florida High-Speed Rail Corridor from Tampa 
                through Orlando to Miami.
                    ``(E) Gulf Coast Corridor from Houston TX, through 
                New Orleans, LA, to Mobile, AL, with a branch from New 
                Orleans, through Meridian, MS, and Birmingham, AL, to 
                Atlanta, GA.
                    ``(F) Keystone Corridor from Philadelphia, PA, 
                through Harrisburg, PA, to Pittsburgh, PA.
                    ``(G) Northeast Corridor from Washington, DC, 
                through New York City, NY, New Haven, CT, and 
                Providence, RI, to Boston, MA.
                    ``(H) New England Corridor from Boston, MA, to 
                Portland and Auburn, ME, and from Boston, MA, through 
                Concord, NH, and Montpelier, VT, to Montreal, PQ.
                    ``(I) Pacific Northwest Corridor from Eugene, OR, 
                through Portland, OR, and Seattle, WA, to Vancouver, 
                BC.
                    ``(J) South Central Corridor from San Antonio, TX, 
                through Dallas/ Fort Worth to Little Rock, AK, with a 
                branch from Dallas/Fort Worth through Oklahoma City, 
                OK, to Tulsa, OK.
                    ``(K) Southeast Corridor from Washington, DC, 
                through Richmond, VA, Raleigh, NC, Columbia, SC, 
                Savannah, GA, and Jesup, GA, to Jacksonville, FL, with 
                a branch from Raleigh, NC, through Charlotte, NC, and 
                Greenville, SC, to Atlanta, GA, a branch from Richmond, 
                VA, to Hampton Roads/Norfolk, VA, and a connecting 
                route between Atlanta, GA, to Jesup, GA.
    ``(d) Amtrak Eligibility.--To receive a grant under this section, 
the National Railroad Passenger Corporation 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 22505(a)(5) of this title.
    ``(e) Letters of Intent, Full Funding Grant Agreements, and Early 
Systems Work Agreements.--(1)(A) 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.
    ``(B) At least 30 days before issuing a letter under subparagraph 
(A) of this paragraph or entering into a full funding grant agreement, 
the Secretary shall notify in writing the Committee on Transportation 
and Infrastructure of the House of Representatives and 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 as well as the evaluations and ratings 
for the project.
    ``(C) An obligation or administrative commitment may be made only 
when amounts are appropriated.
    ``(2)(A) The Secretary may make a full funding grant agreement with 
an applicant. The agreement shall--
            ``(i) establish the terms of participation by the United 
        States Government in a project under this section;
            ``(ii) establish the maximum amount of Government financial 
        assistance for the project;
            ``(iii) cover the period of time for completing the 
        project, including a period extending beyond the period of an 
        authorization; and
            ``(iv) make timely and efficient management of the project 
        easier according to the laws of the United States.
    ``(B) An agreement under this paragraph obligates an amount of 
available budget authority specified in law and may include a 
commitment, contingent on amounts to be specified in law in advance for 
commitments under this paragraph, to obligate an additional amount from 
future available budget authority specified in law. The agreement shall 
state that the contingent commitment is not an obligation of the 
Government and is subject to the availability of appropriations made by 
Federal law and to Federal laws in force on or enacted after the date 
of the contingent commitment. Interest and other financing costs of 
efficiently carrying out a part of the project within a reasonable time 
are a cost of carrying out the project under a full funding grant 
agreement, except that eligible costs may not be more than the cost of 
the most favorable financing terms reasonably available for the project 
at the time of borrowing. The applicant shall certify, in a way 
satisfactory to the Secretary, that the applicant has shown reasonable 
diligence in seeking the most favorable financing terms.
    ``(3)(A) The Secretary may make an early systems work agreement 
with an applicant if a record of decision under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been 
issued on the project and the Secretary finds there is reason to 
believe--
            ``(i) a full funding grant agreement for the project will 
        be made; and
            ``(ii) the terms of the work agreement will promote 
        ultimate completion of the project more rapidly and at less 
        cost.
    ``(B) A work agreement under this paragraph obligates an amount of 
available budget authority specified in law and shall provide for 
reimbursement of preliminary costs of carrying out the project, 
including land acquisition, timely procurement of system elements for 
which specifications are decided, and other activities the Secretary 
decides are appropriate to make efficient, long-term project management 
easier. A work agreement shall cover the period of time the Secretary 
considers appropriate. The period may extend beyond the period of 
current authorization. Interest and other financing costs of 
efficiently carrying out the work agreement within a reasonable time 
are a cost of carrying out the agreement, except that eligible costs 
may not be more than the cost of the most favorable financing terms 
reasonably available for the project at the time of borrowing. The 
applicant shall certify, in a way satisfactory to the Secretary, that 
the applicant has shown reasonable diligence in seeking the most 
favorable financing terms. If an applicant does not carry out the 
project for reasons within the control of the applicant, the applicant 
shall repay all Government payments made under the work agreement plus 
reasonable interest and penalty charges the Secretary establishes in 
the agreement, unless the Secretary determines that completion of the 
project to date is sufficient to serve the national transportation 
interest.
    ``(4) The total estimated amount of future obligations of the 
Government and contingent commitments to incur obligations covered by 
all outstanding letters of intent, full funding grant agreements, and 
early systems work agreements may be not more than the amount 
authorized by law for such purposes, less an amount the Secretary 
reasonably estimates is necessary for grants under this section not 
covered by a letter. The total amount covered by new letters and 
contingent commitments included in full funding grant agreements and 
early systems work agreements may be not more than a limitation 
specified in law.
    ``(f) 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) 50 percent of the average amounts expended by a State or 
group of States (including the District of Columbia) for capital 
projects to benefit intercity passenger rail service and operating 
costs of such service of up to $5,000,000 per fiscal year, beginning in 
fiscal year 2007, shall be credited towards the matching requirements 
for grants awarded under this section. The Secretary may require such 
information as necessary to verify such expenditures.
    ``(g) Undertaking Projects in Advance.--(1) The Secretary may pay 
the Federal share of the net capital project cost to an applicant that 
carries out any part of a project described in this section according 
to all applicable procedures and requirements if--
            ``(A) the applicant applies for the payment;
            ``(B) the Secretary approves the payment; and
            ``(C) before carrying out the part of the project, the 
        Secretary approves the plans and specifications for the part in 
        the same way as other projects under this section.
    ``(2) The cost of carrying out part of a project includes the 
amount of interest earned and payable on bonds issued by the applicant 
to the extent proceeds of the bonds are expended in carrying out the 
part. However, the amount of interest under this paragraph may not be 
more than the most favorable interest terms reasonably available for 
the project at the time of borrowing. The applicant shall certify, in a 
manner satisfactory to the Secretary, that the applicant has shown 
reasonable diligence in seeking the most favorable financial terms.
    ``(3) The Secretary shall consider changes in capital project cost 
indices when determining the estimated cost under paragraph (2) of this 
subsection.
    ``(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) Public-Private Partnerships.--
            ``(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 225 of this 
        title that provide public benefits (as defined in chapter 225) 
        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 available 
$10,000,000 annually from the amounts otherwise authorized by law 
beginning in fiscal year 2008 for grants for capital projects eligible 
under this section not exceeding $2,000,000. The Secretary may wave 
requirements of this section, including State rail plan requirements, 
as appropriate.
``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 have a record of decision under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) issued on the 
project, and 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 a project 
        budget and project schedule to the Secretary each month.
    ``(b) Secretarial Oversight.--(1) The Secretary may use no more 
than 0.5 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, the Secretary 
of Transportation may approve the use of capital assistance 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 capital assistance 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) Domestic Buying Preference.--
            ``(1) Requirement.--
                    ``(A) In general.--In carrying out a project funded 
                in whole or in part with a grant under this chapter, 
                the grant recipient shall purchase only--
                            ``(i) unmanufactured articles, material, 
                        and supplies mined or produced in the United 
                        States; or
                            ``(ii) manufactured articles, material, and 
                        supplies manufactured in the United States 
                        substantially from articles, material, and 
                        supplies mined, produced, or manufactured in 
                        the United States.
                    ``(B) De minimis amount.--Subparagraph (A) applies 
                only to a purchase in an total amount that is not less 
                than $1,000,000.
            ``(2) Exemptions.--On application of a recipient, the 
        Secretary may exempt a recipient from the requirements of this 
        subsection if the Secretary decides that, for particular 
        articles, material, or supplies--
                    ``(A) such requirements are inconsistent with the 
                public interest;
                    ``(B) the cost of imposing the requirements is 
                unreasonable; or
                    ``(C) the articles, material, or supplies, or the 
                articles, material, or supplies from which they are 
                manufactured, are not mined, produced, or manufactured 
                in the United States in sufficient and reasonably 
                available commercial quantities and are not of a 
                satisfactory quality.
            ``(3) United states defined.--In this subsection, the term 
        `the United States' means the States, territories, and 
        possessions of the United States and the District of Columbia.
    ``(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 the that definition or 
in which that definition applies, including--
            ``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
        seq.); and
            ``(2) the Railway Labor Act (43 U.S.C. 151 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;
                    ``(D) an assurance that an applicant complies with 
                liability requirements consistent with section 28103 of 
                this title; and
                    ``(E) for high-speed rail projects a record of 
                decision under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) has been issued on the 
                project; 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 the 
                National Railroad Passenger Corporation 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 chapter 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). 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;
            ``(3) the National Railroad Passenger Corporation's access 
        rights to railroad rights-of-way and facilities under current 
        law; or
            ``(4) high-speed rail corridors.''.
    (b) Conforming Amendments.--(1) The table of chapters for title 49, 
United States Code, is amended by inserting the following after the 
item relating to chapter 243:

``244.  Intercity passenger rail service corridor capital      24401''.
                            assistance.
    (2) The chapter analysis for subtitle V of such title is amended by 
inserting the following after the item relating to chapter 243:

``244.  Intercity passenger rail service corridor capital      24401''.
                            assistance.

SEC. 5. STATE RAIL PLANS.

    (a) In General.--Part B of subtitle V of title 49, United States 
Code, is amended by adding at the end the following:

       ``CHAPTER 225--STATE RAIL PLANS AND HIGH PRIORITY PROJECTS

``Sec.
``22501. Definitions.
``22502. Authority.
``22503. Purposes.
``22504. Transparency; coordination; review.
``22505. Content.
``22506. Review.
``Sec. 22501. Definitions
    ``In this chapter:
            ``(1) Private benefit.--
                    ``(A) In general.--The term `private benefit'--
                            ``(i) means a benefit accrued to a person 
                        or private entity, other than the National 
                        Railroad Passenger Corporation, 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 
                        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. 22502. Authority
    ``(a) In General.--Each State may prepare and maintain a State rail 
plan in accordance with the provisions of this chapter.
    ``(b) Requirements.--For the preparation and periodic revision of a 
State rail plan, 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. 22503. 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 and set forth 
rail transportation's role within the State transportation system.
``Sec. 22504. 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. 22505. Content
    ``(a) In General.--Each State rail plan shall 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 chapter, 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 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. 22506. Review
    ``The Secretary shall prescribe procedures for States to submit 
State rail plans for review under this chapter, including standardized 
format and data requirements. State rail plans completed before the 
date of enactment of this chapter 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 Amendments.--(1) The table of chapters for title 49, 
United States Code, is amended by inserting the following after the 
item relating to chapter 223:

``225. State rail plans and high priority projects..........   22501''.
    (2) The chapter analysis for subtitle V of such title is amended by 
inserting the following after the item relating to chapter 223:

``225. State rail plans and high priority projects..........   22501''.

SEC. 6. 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, and interested States. 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.--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.

SEC. 7. FEDERAL RAIL POLICY.

    Section 103 of title 49, United States Code, 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 ``Administrator.--'' before ``The head'' 
        in subsection (b);
            (4) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively;
            (5) by inserting after subsection (b) the following:
    ``(c) 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.'';
            (6) by inserting ``Powers and Duties.--'' before ``The 
        Administrator'' in subsection (d), as redesignated;
            (7) by striking ``and'' after the semicolon in paragraph 
        (1) of subsection (d), as redesignated;
            (8) by redesignating paragraph (2) of subsection (d), as 
        redesignated, as paragraph (3) and inserting after paragraph 
        (1) the following:
            ``(2) the duties and powers related to railroad policy and 
        development under subsection (e); and'';
            (9) by inserting ``Transfers of Duty.--'' before ``A duty'' 
        in subsection (e), as redesignated;
            (10) by inserting ``Contracts, Grants, Leases, Cooperative 
        Agreements, and Similar Transactions.--'' before ``Subject'' in 
        subsection (f), as redesignated;
            (11) by striking the last sentence in subsection (f), as 
        redesignated; and
            (12) by adding at the end the following:
    ``(g) Additional Duties of the Administrator.--The Administrator 
shall--
            ``(1) provide assistance to States in developing State rail 
        plans prepared under chapter 225 and review all State rail 
        plans submitted under that chapter;
            ``(2) develop a long range national rail plan that is 
        consistent with approved State rail plans on high-speed rail, 
        its status, potential funding opportunities, and source, and 
        future activities, 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 this subsection;
            ``(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, and 
        develop options and strategies for Federal funds and 
        participation in the financing of high-speed rail partnerships 
        with States and the private sector, identifying Federal funding 
        sources, possible levels of Federal funding, and legal and 
        institutional barriers to these partnerships with the Federal 
        Government;
            ``(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.
    ``(h) Performance Goals and Reports.--
            ``(1) Performance goals.--In conjunction with the 
        objectives established and activities undertaken under 
        subsection (g), the Administrator shall develop a schedule for 
        achieving specific, measurable performance goals, including 
        specific performance measures and timetables for establishing 
        high-speed rail operations in the United States.
            ``(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 (g).
            ``(3) Submission with president's budget.--Beginning with 
        fiscal year 2009, and each fiscal year thereafter, the 
        Secretary shall submit to Congress, 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.''.

SEC. 8. RAIL COOPERATIVE RESEARCH PROGRAM.

    (a) Establishment and Content.--Chapter 249 of title 49, United 
States Code, 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 and rail security;
            ``(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, high-speed 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 Academy of Sciences;
            ``(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 
        nonhigh-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 
        nonhigh-speed freight or passenger rail operations;
            ``(12) to recommend ways to integrate commuter, passenger, 
        and high-speed rail Federal funding and plans to allow for the 
        maximum efficiency and coordination of Federal funds used for 
        these rail purposes, and identify legal and institutional 
        barriers to such integration and coordination and the potential 
        costs or cost savings from such an integration;
            ``(13) to analyze the environmental benefits and carbon 
        reductions in the air from the electrification of commuter and 
        passenger rail, and from the development of high-speed rail, in 
        noncompliant air quality locations and corridors as compared to 
        current and alternative fuels for current services, and compare 
        high-speed rail carbon reductions to other competing modes in 
        short-haul markets; and
            ``(14) analyze the impact of high speed rail on 
        transportation capacity in congested corridors in comparison to 
        the impact of investing in highway or airport expansion, for 
        example in the Los Angeles, California, to San Francisco, 
        California, corridor, building upon the May 2007 Federal 
        Aviation Administration study indicating that there were no air 
        side capacity improvements to this and other air corridors.
    ``(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.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 249 of 
title 49, United States Code, is amended by adding at the end the 
following:

``24910. Rail cooperative research program.''.
                                 <all>