[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 294 Reported in Senate (RS)]


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                                                       Calendar No. 158
110th CONGRESS
  1st Session
                                 S. 294

                          [Report No. 110-67]

             To reauthorize Amtrak, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2007

  Mr. Lautenberg (for himself, Mr. Lott, Mr. Inouye, Mr. Stevens, Mr. 
Specter, Mr. Carper, Mrs. Hutchison, Mrs. Boxer, Ms. Snowe, Mr. Dorgan, 
Mr. Burr, Mrs. Clinton, Mr. Durbin, Mr. Biden, Mr. Menendez, Mr. Kerry, 
    Mr. Kennedy, Mr. Schumer, Mr. Pryor, Mr. Cardin, Mr. Casey, Mr. 
Lieberman, Ms. Collins, Mr. Levin, Mr. Brown, Ms. Mikulski, Mr. Smith, 
    Mr. Tester, Mr. Conrad, Mr. Cochran, Mr. Dodd, Mr. Baucus, Mr. 
 Rockefeller, Mr. Obama, Mrs. McCaskill, Mr. Warner, Ms. Stabenow, Ms. 
Kolbuchar, and Mr. Webb) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                              May 22, 2007

                Reported by Mr. Inouye, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
             To reauthorize Amtrak, and for other purposes.

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

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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Passenger Rail Investment and 
Improvement Act of 2007''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this Act 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
                        TITLE I--AUTHORIZATIONS

Sec. 101. Authorization for Amtrak capital and operating expenses and 
                            State capital grants.
Sec. 102. Authorization for the Federal Railroad Administration.
Sec. 103. Repayment of long-term debt and capital leases.
Sec. 104. Excess railroad retirement.
Sec. 105. Other authorizations.
          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. Establishment of grant process.
Sec. 206. State-supported routes.
Sec. 207. Independent auditor to establish methodologies for Amtrak 
                            route and service planning decisions.
Sec. 208. Metrics and standards.
Sec. 209. Passenger train performance.
Sec. 210. Long distance routes.
Sec. 211. Alternate passenger rail service program.
Sec. 212. Employee transition assistance.
Sec. 213. Northeast Corridor state-of-good-repair plan.
Sec. 214. Northeast Corridor infrastructure and operations 
                            improvements.
Sec. 215. Restructuring long-term debt and capital leases.
Sec. 216. Study of compliance requirements at existing intercity rail 
                            stations.

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Sec. 217. Incentive pay.
Sec. 218. Access to Amtrak equipment and services.
Sec. 219. General Amtrak provisions.
Sec. 220. Private sector funding of passenger trains.
Sec. 221. On-board service improvements.
Sec. 222. Management accountability.
Sec. 223. Locomotive biodiesel fuel use study.
               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 301. Capital assistance for intercity passenger rail service.
Sec. 302. State rail plans.
Sec. 303. Next generation corridor train equipment pool.
Sec. 304. Federal rail policy.
Sec. 305. Rail cooperative research program.
         <DELETED>TITLE IV--PASSENGER RAIL SECURITY AND SAFETY

<DELETED>Sec. 400. Short title.
<DELETED>Sec. 401. Rail transportation security risk assessment.
<DELETED>Sec. 402. Systemwide Amtrak security upgrades.
<DELETED>Sec. 403. Fire and life-safety improvements.
<DELETED>Sec. 404. Freight and passenger rail security upgrades.
<DELETED>Sec. 405. Rail security research and development.
<DELETED>Sec. 406. Oversight and grant procedures.
<DELETED>Sec. 407. Amtrak plan to assist families of passengers 
                            involved in rail passenger accidents.
<DELETED>Sec. 408. Northern border rail passenger report.
<DELETED>Sec. 409. Rail worker security training program.
<DELETED>Sec. 410. Whistleblower protection program.
<DELETED>Sec. 411. High hazard material security threat mitigation 
                            plans.
<DELETED>Sec. 412. Memorandum of agreement.
<DELETED>Sec. 413. Rail security enhancements.
<DELETED>Sec. 414. Public awareness.
<DELETED>Sec. 415. Railroad high hazard material tracking.
<DELETED>Sec. 416. Authorization of appropriations.

               </DELETED>TITLE IV--IMPROVED RAIL SECURITY

Sec. 401. Definitions.
Sec. 402. Rail transportation security risk assessment.
Sec. 403. Systemwide Amtrak security upgrades.
Sec. 404. Fire and life-safety improvements.
Sec. 405. Freight and passenger rail security upgrades.
Sec. 406. Rail security research and development.
Sec. 407. Oversight and grant procedures.
Sec. 408. Amtrak plan to assist families of passengers involved in rail 
                            passenger accidents.
Sec. 409. Northern border rail passenger report.
Sec. 410. Rail worker security training program.
Sec. 411. Whistleblower protection program.
Sec. 412. High hazard material security risk mitigation plans.
Sec. 413. Enforcement authority.
Sec. 414. Rail security enhancements.
Sec. 415. Public awareness.
Sec. 416. Railroad high hazard material tracking.

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Sec. 417. Certain reports submitted to Senate Committee on Homeland 
                            Security and Governmental Affairs.
Sec. 418. Authorization of appropriations.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING EXPENSES AND 
              STATE CAPITAL GRANTS.

    (a) Operating Grants.--There are authorized to be appropriated to 
the Secretary of Transportation for the use of Amtrak for operating 
costs the following amounts:
            (1) For fiscal year 2007, $580,000,000.
            (2) For fiscal year 2008, $590,000,000.
            (3) For fiscal year 2009, $600,000,000.
            (4) For fiscal year 2010, $575,000,000.
            (5) For fiscal year 2011, $535,000,000.
            (6) For fiscal year 2012, $455,000,000.
    (b) Capital Grants.--There are authorized to be appropriated to the 
Secretary of Transportation 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(a)) to a state-of-good-repair, for capital expenses of 
the national railroad passenger transportation system, and for purposes 
of making capital grants under section 24402 of that title to States, 
the following amounts:
            (1) For fiscal year 2007, $813,000,000.

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            (2) For fiscal year 2008, $910,000,000.
            (3) For fiscal year 2009, $1,071,000,000.
            (4) For fiscal year 2010, $1,096,000,000.
            (5) For fiscal year 2011, $1,191,000,000.
            (6) For fiscal year 2012, $1,231,000,000.
    (c) Amounts for State Grants.--Out of the amounts authorized under 
subsection (b), the following percentage shall be available each fiscal 
year for capital grants to States under section 24402 of title 49, 
United States Code, to be administered by the Secretary of 
Transportation:
            (1) 3 percent for fiscal year 2007.
            (2) 11 percent for fiscal year 2008.
            (3) 23 percent for fiscal year 2009.
            (4) 25 percent for fiscal year 2010.
            (5) 31 percent for fiscal year 2011.
            (6) 33 percent for fiscal year 2012.
    (d) Project Management Oversight.--The Secretary may withhold up to 
\1/2\ of 1 percent of amounts appropriated pursuant to subsection (b) 
for the costs of project management oversight of capital projects 
carried out by Amtrak.

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SEC. 102. AUTHORIZATION FOR THE FEDERAL RAILROAD ADMINISTRATION.

    There are authorized to be appropriated to the Secretary of 
Transportation for the use of the Federal Railroad Administration such 
sums as necessary to implement the provisions required under this Act 
for fiscal years 2007 through 2012.

SEC. 103. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.

    (a) Amtrak Principal and Interest Payments.--
            (1) Principal on debt service.--There are authorized to be 
        appropriated to the Secretary of Transportation for the use of 
        Amtrak for retirement of principal on loans for capital 
        equipment, or capital leases, not more than the following 
        amounts:
                    (A) For fiscal year 2007, $153,900,000.
                    (B) For fiscal year 2008, $153,400,000.
                    (C) For fiscal year 2009, $180,600,000.
                    (D) For fiscal year 2010, $182,800,000.
                    (E) For fiscal year 2011, $189,400,000.
                    (F) For fiscal year 2012, $202,600,000.
            (2) Interest on debt.--There are authorized to be 
        appropriated to the Secretary of Transportation for the use of 
        Amtrak for the payment of in

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        terest on loans for capital equipment, or capital leases, the 
        following amounts:
                    (A) For fiscal year 2007, $139,600,000.
                    (B) For fiscal year 2008, $131,300,000.
                    (C) For fiscal year 2009, $121,700,000.
                    (D) For fiscal year 2010, $111,900,000.
                    (E) For fiscal year 2011, $101,900,000.
                    (F) For fiscal year 2012, $90,200,000.
            (3) Early buyout option.--There are authorized to be 
        appropriated to the Secretary of Transportation 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.
            (4) 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--
                    (A) modify the extent or nature of any indebtedness 
                of the National Railroad Passenger Corporation to the 
                United States in existence of the date of enactment of 
                this Act;
                    (B) change the private nature of Amtrak's or its 
                successors' liabilities; or

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                    (C) imply any Federal guarantee or commitment to 
                amortize Amtrak's outstanding indebtedness.

SEC. 104. EXCESS RAILROAD RETIREMENT.

    There are authorized to be appropriated to the Secretary of 
Transportation, beginning with fiscal year 2007, such sums as may be 
necessary to pay to the Railroad Retirement Account an amount equal to 
the amount Amtrak must pay under section 3221 of the Internal Revenue 
Code of 1986 in such fiscal years that is more than the amount needed 
for benefits for individuals who retire from Amtrak and for their 
beneficiaries. For each fiscal year in which the Secretary makes such a 
payment, the amounts authorized by section 101(a) shall be reduced by 
an amount equal to such payment.

SEC. 105. OTHER AUTHORIZATIONS.

    There are authorized to be appropriated to the Secretary of 
Transportation--
            (1) $5,000,000 for each of fiscal years 2007 through 2012 
        to carry out the rail cooperative research program under 
        section 24910 of title 49, United States Code;
            (2) $5,000,000 for fiscal year 2008, to remain available 
        until expended, for grants to Amtrak and States participating 
        in the Next Generation Corridor

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        Train Equipment Pool Committee established under section 303 of 
        this Act 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; and
            (3) $2,000,000 for fiscal year 2008, for the use of Amtrak 
        in conducting the evaluation required by section 216 of this 
        Act.

          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 Northeast Corridor between 
                Boston, Massachusetts and Washington, DC;

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                    ``(B) rail corridors that have been designated by 
                the Secretary of Transportation as high-speed corridors 
                (other than corridors described in subparagraph (A)), 
                but only after they have been improved to permit 
                operation of high-speed service;
                    ``(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 2007; 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

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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 Act 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).''.

SEC. 202. AMTRAK BOARD OF DIRECTORS.

    (a) In General.--Section 24302 is amended to read as follows:

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``Sec. 24302. Board of directors
    ``(a) Composition and Terms.--
            ``(1) The Board of Directors of Amtrak is composed of the 
        following 10 directors, each of whom must be a citizen of the 
        United States:
                    ``(A) The Secretary of Transportation.
                    ``(B) The President of Amtrak, who shall serve ex 
                officio, as a non-voting member.
                    ``(C) 8 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, and 
                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 represen

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        tation of the major geographic regions of the United States 
        served by Amtrak.
            ``(3) An individual appointed under paragraph (1)(C) of 
        this subsection serves for 5 years or 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 
        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.
            ``(6) The voting privileges of the President can be changed 
        by a unanimous decision of the Board.
    ``(b) Pay and Expenses.--Each director not employed by the United 
States Government is entitled to $300 a day when performing Board 
duties. Each Director is entitled to reimbursement for necessary 
travel, reasonable secretarial and professional staff support, and 
subsistence expenses incurred in attending Board meetings.
    ``(c) 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

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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.
    ``(d) Quorum.--A majority of the members serving shall constitute a 
quorum for doing business.
    ``(e) 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 on October 1, 2007. The members of the 
Amtrak Board serving on 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; and

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            (2) shall implement a modern financial accounting and 
        reporting system that will produce accurate and timely 
        financial information in sufficient detail--
                    (A) to enable Amtrak to assign revenues and 
                expenses appropriately to each of its lines of business 
                and to each major activity within each line of business 
                activity, including train operations, equipment 
                maintenance, ticketing, and reservations;
                    (B) to aggregate expenses and revenues related to 
                infrastructure and distinguish them from expenses and 
                revenues related to rail operations;
                    (C) to allow the analysis of ticketing and 
                reservation information on a real-time basis;
                    (D) to provide Amtrak cost accounting data; and
                    (E) to allow financial analysis by route and 
                service.
    (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

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shall report his findings and conclusions, together with any 
recommendations, to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.

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 of Transportation 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 appropriation 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;

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            (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 which will 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 the ability of the 
        Federal government to fund capital and operating requirements 
        adequately, Amtrak's ability to efficiently manage its 
        workforce, and Amtrak's ability to effectively provide 
        passenger train service;
            (8) estimates of long-term and short-term debt and 
        associated principal and interest payments (both current and 
        anticipated);

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            (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 Amtrak's ability to operate with 
        reduced Federal operating assistance; and
            (12) 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 Act.
    (d) Assessment by DOT Inspector General.--

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            (1) In general.--The Inspector General of the Department of 
        Transportation shall assess the 5-year financial plans prepared 
        by Amtrak under this section to determine whether they meet the 
        requirements of subsection (b), and may suggest revisions to 
        any components thereof that do not meet those requirements.
            (2) Assessment to be furnished to the congress.--The 
        Inspector General shall furnish to the House of Representatives 
        Committee on Appropriations, the Senate Committee on 
        Appropriations, the House of Representatives Committee on 
        Transportation and Infrastructure, and the Senate Committee on 
        Commerce, Science, and Transportation--
                    (A) an assessment of the annual budget within 90 
                days after receiving it from Amtrak; and
                    (B) an assessment of the remaining 4 years of the 
                5-year financial plan within 180 days after receiving 
                it from Amtrak.

SEC. 205. 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 Act, to the Secretary of Transportation for funds 
authorized to

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be appropriated to the Secretary for the use of Amtrak under sections 
101(a) and (b), 103, and 105.
    (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 to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure. 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 3 
accounts:
            (1) The Amtrak Operating account.
            (2) The Amtrak General Capital account.
            (3) The Northeast Corridor Improvement funds 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 complete grant

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        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 the 
        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 Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure the remaining deficiencies and 
recommend a process for resolving the outstanding portions of the 
request.

SEC. 206. STATE-SUPPORTED ROUTES.

    (a) In General.--Within 2 years after the date of enactment of this 
Act, the Board of Directors of Amtrak,

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in consultation with the Secretary of Transportation and the governors 
of each State and the Mayor of the District of Columbia or groups 
representing those officials, shall develop and implement a 
standardized methodology for establishing and allocating the operating 
and capital costs among the States and Amtrak associated with trains 
operated on routes described in section 24102(5)(B) or (D) or 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) 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

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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.
    (c) 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. 207. INDEPENDENT AUDITOR TO ESTABLISH METHODOLOGIES FOR AMTRAK 
              ROUTE AND SERVICE PLANNING DECISIONS.

    (a) Methodology Development.--The Federal Railroad Administration 
shall obtain the services of an independent auditor or consultant to 
develop and recommend objective methodologies for determining intercity 
passenger 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. In developing 
such methodologies, the auditor or consultant shall consider--
            (1) the current or expected performance and service quality 
        of intercity passenger train operations, including cost 
        recovery, on-time performance

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        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 other forms of public 
        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.--The auditor or consultant shall submit 
recommendations developed under subsection (a) to Amtrak, the House of 
Representatives Committee on Transportation and Infrastructure, and the 
Senate Committee on Commerce, Science, and Transportation.
    (c) Consideration of Recommendations.--Within 90 days after 
receiving the recommendations developed under subsection (a) by the 
independent auditor or consultant, the Amtrak Board shall consider the 
adoption of those recommendations. The Board shall transmit a report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Com

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mittee on Transportation and Infrastructure explaining its action in 
adopting or failing to adopt any of the recommendations.
    (d) Authorization of Appropriations.--There are authorized to be 
made available to the Secretary of Transportation, out of any amounts 
authorized by this Act to be appropriated for the benefit of Amtrak and 
not otherwise obligated or expended, such sums as may be necessary to 
carry out this section.
    (e) Pioneer Route.--Within 2 years after the date of enactment of 
this Act, Amtrak shall conduct a 1-time evaluation of the Pioneer Route 
formerly operated by Amtrak to determine, using methodologies adopted 
under subsection (c), whether a level of passenger demand exists that 
would warrant consideration of reinstating the entire Pioneer Route 
service or segments of that service.

SEC. 208. METRICS AND STANDARDS.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Administrator of 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, and groups representing Amtrak passengers, as 
appropriate, develop new or improve existing metrics and minimum 
standards for measuring the per

[[Page 26]]

formance 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 public 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.

[[Page 27]]

    (c) Contract 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. 209. 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 208 of 
        the Passenger Rail Investment and Improvement Act of 2007 fails 
        to meet those standards for 2 consecutive calendar quarters, 
        the Surface

[[Page 28]]

        Transportation 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 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 tracks of which the intercity 
        passenger train operates or reasonably addressed by Amtrak or 
        other intercity passenger rail operator. 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

[[Page 29]]

        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, 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) Change of Reference.--Section 24308 is amended--

[[Page 30]]

            (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. 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 208 of the Passenger Rail Investment 
and Improvement Act of 2007, 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 2006 
        and identify each long distance passenger rail route operated 
        by Amtrak in 2006 according to its overall performance as 
        belonging to

[[Page 31]]

        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 
publish 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 208 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; and
            ``(8) 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.

[[Page 32]]

    ``(c) Implementation.--Amtrak shall implement the performance 
improvement plan developed under subsection (b)--
            ``(1) beginning in fiscal year 2008 for those routes 
        identified as being in the worst performing third under 
        subsection (a)(2);
            ``(2) beginning in fiscal year 2009 for those routes 
        identified as being in the second best performing third under 
        subsection (a)(2); and
            ``(3) beginning in fiscal year 2010 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, for any year, it determines that Amtrak 
is not making reasonable progress in implementing its performance 
improvement plan or in achieving the expected outcome of the plan for 
any calendar year, the Federal Railroad Administration--
            ``(1) shall notify Amtrak, the Inspector General of the 
        Department of Transportation, and appropriate Congressional 
        committees of its determination under this subsection;

[[Page 33]]

            ``(2) shall provide an opportunity for a hearing with 
        respect to that determination; and
            ``(3) may withhold any appropriated funds otherwise 
        available to Amtrak for the operation of a route or routes on 
        which it is not making 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. ALTERNATE PASSENGER RAIL SERVICE PROGRAM.

    (a) In General.--Chapter 247, as amended by section 209, is amended 
by adding at the end thereof the following:
``Sec. 24711. Alternate passenger rail service program
    ``(a) In General.--Within 1 year after the date of enactment of the 
Passenger Rail Investment and Improvement Act of 2007, the Federal 
Railroad Administration shall initiate a rulemaking proceeding to 
develop a program under which--
            ``(1) 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

[[Page 34]]

        24702 of title 49, United States <DELETED>Code </DELETED>Code, 
        or any entity operating as a rail carrier that has negotiated a 
        contingent agreement to lease necessary rights-of-way from a 
        rail carrier or rail carriers that own the infrastructure on 
        which Amtrak operates such routes, may petition the Federal 
        Railroad Administration to be considered as a passenger rail 
        service provider over that route in lieu of Amtrak;
            ``(2) the Administration would 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) each bid would 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) the Administration would make a decision and execute 
        a contract within a specified, limited time after that deadline 
        awarding to the winning bidder--
                    ``(A) the right and obligation to provide passenger 
                rail service over that route subject to

[[Page 35]]

                such performance standards as the Administration may 
                require, consistent with the standards developed under 
                section 208 of this Act; 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
            ``(5) each bid would 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 would be made 
        available by the winning bidder to the public after the bid 
        award.
    ``(b) Implementation.--
            ``(1) Initial petitions.--Pursuant to any rules or 
        regulations promulgated under subsection (A), the 
        Administration shall establish a deadline for the submission of 
        a petition under subsection (a)--

[[Page 36]]

                    ``(A) during fiscal year 2008 for operations 
                commencing in fiscal year 2009; and
                    ``(B) during the immediately preceding fiscal year 
                for operations commencing in subsequent fiscal years.
            ``(2) Route limitations.--The Administration may not make 
        the program available with respect to more than 1 Amtrak 
        passenger rail route for operations beginning in fiscal year 
        2009 nor to more than 2 such routes for operations beginning in 
        fiscal year 2011 and subsequent fiscal years.
    ``(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

[[Page 37]]

                    ``(B) the service provider's compliance with the 
                minimum standards established under section 208 of the 
                Passenger Rail Investment and Improvement Act of 2007 
                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 to any rail 
        carrier or rail carriers awarded a contract under this section, 
        in accordance with section 218 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 preference in hiring 
        to qualified Amtrak employees displaced by

[[Page 38]]

        the award of the bid, consistent with the staffing plan 
        submitted by the bidder.
    ``(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 
section 24711(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) Conforming Amendment.--The chapter analysis for chapter 247, as 
amended by section 209, is amended by inserting after the item relating 
to section 24710 the following:

``24711. Alternate passenger rail service program.''.

SEC. 212. EMPLOYEE TRANSITION ASSISTANCE.

    (a) Provision of Financial Incentives.--For Amtrak employees who 
are adversely affected by the ces

[[Page 39]]

sation 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, in the Secretary's discretion, provide grants for 
financial incentives to be provided to employees of the National 
Railroad Passenger Corporation who voluntarily terminate their 
employment with the Corporation and relinquish any legal rights to 
receive termination-related payments under any contractual agreement 
with the Corporation.
    (b) Conditions for Financial Incentives.--As a condition for 
receiving financial assistance grants under this section, the 
Corporation 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 the Corporation 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

[[Page 40]]

            (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 $50,000 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 the National Railroad Passenger Corporation 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 the National Railroad Passenger Corporation from funds authorized by 
section 102 of this Act for termination-related payments to employees 
under existing contractual agreements.

[[Page 41]]

SEC. 213. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the National Railroad Passenger Corporation, 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 to a state of good 
repair by the end of fiscal year 2012, consistent with the funding 
levels authorized in this Act and shall submit the plan to the 
Secretary.
    (b) Approval by the Secretary.--
            (1) The Corporation shall submit the capital spending plan 
        prepared under this section to the Secretary of Transportation 
        for review and approval pursuant to the procedures developed 
        under section 205 of this Act.
            (2) The Secretary of Transportation shall require that the 
        plan be updated at least annually and shall review and approve 
        such updates. During review, the Secretary shall seek comments 
        and review from the commission established under section

[[Page 42]]

        24905 of title 49, United States Code, and other Northeast 
        Corridor users regarding the plan.
            (3) The Secretary shall make grants to the Corporation with 
        funds authorized by section 101(b) for Northeast Corridor 
        capital investments contained within the capital spending plan 
        prepared by the Corporation and approved by the Secretary.
            (4) 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.
    (c) Eligibility of Expenditures.--The Federal share of expenditures 
for capital improvements under this section may not exceed 100 percent.

SEC. 214. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
              IMPROVEMENTS.

    (a) In General.--Section 24905 is amended to read as follows:

[[Page 43]]

``Sec. 24905. Northeast Corridor Infrastructure and Operations Advisory 
              Commission; Safety and Security 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 2007, the 
        Secretary of Transportation shall establish a Northeast 
        Corridor Infrastructure and Operations Advisory Commission 
        (hereinafter 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 the National Railroad 
                Passenger Corporation;
                    ``(B) members representing the Secretary of 
                Transportation and 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

[[Page 44]]

                    ``(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 subparagraph 
        (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, United 
        States Code.
            ``(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

[[Page 45]]

        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) General Recommendations.--The Commission shall develop 
recommendations concerning Northeast Corridor rail infrastructure and 
operations including proposals addressing, as appropriate--
            ``(1) short-term and long term capital investment needs 
        beyond the state-of-good-repair under section 213;
            ``(2) future funding requirements for capital improvements 
        and maintenance;
            ``(3) operational improvements of intercity passenger rail, 
        commuter rail, and freight rail services;
            ``(4) opportunities for additional non-rail uses of the 
        Northeast Corridor;

[[Page 46]]

            ``(5) scheduling and dispatching;
            ``(6) safety and security enhancements;
            ``(7) equipment design;
            ``(8) marketing of rail services; and
            ``(9) future capacity requirements.
    ``(c) Access Costs.--
            ``(1) Development of formula.--Within 1 year after 
        verification of Amtrak's new financial accounting system 
        pursuant to section 203(b) of the Passenger Rail Investment and 
        Improvement Act of 2007, 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, that use National Railroad Passenger 
                Corporation facilities or services or that provide such 
                facilities or services to the National Railroad 
                Passenger Corporation that ensure that--
                            ``(i) there is no cross-subsidization of 
                        commuter rail passenger, intercity rail 
                        passenger, or freight rail transportation; and
                            ``(ii) each service is assigned the costs 
                        incurred only for the benefit of that serv

[[Page 47]]

                        ice, and a proportionate share, based upon 
                        factors that reasonably reflect relative use, 
                        of costs incurred for the common benefit of 
                        more than 1 service;
                    ``(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.--The National Railroad Passenger 
        Corporation and the commuter 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

[[Page 48]]

        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.
    ``(d) Transmission of Recommendations.--The commission shall 
annually transmit the recommendations developed under subsection (b) 
and the formula and timetable developed under subsection (c)(1) to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure.
    ``(e) Northeast Corridor Safety and Security Committee.--
            ``(1) In general.--The Secretary shall establish a 
        Northeast Corridor Safety and Security Committee composed of 
        members appointed by the Secretary. The members shall be 
        representatives of--
                    ``(A) the Secretary;
                    ``(B) Amtrak;
                    ``(C) freight carriers operating more than 150,000 
                train miles a year on the main line of the Northeast 
                Corridor;
                    ``(D) commuter agencies;
                    ``(E) rail passengers;

[[Page 49]]

                    ``(F) rail labor;
                    ``(G) the Transportation Security Administration; 
                and
                    ``(H) 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 
        once every 2 years to consider safety 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 Congress on the status of efforts to improve 
        safety and security on the Northeast Corridor main line. The 
        report shall include the safety recommendations of the 
        Committee and the comments of the Secretary on those 
        recommendations.''.
    (b) Conforming Amendments.--Section 24904(c)(2) is amended by--
            (1) inserting ``commuter rail passenger and'' after 
        ``between''; and
            (2) striking ``freight'' in the second sentence.

[[Page 50]]

    (c) RIDOT Access Agreement.--
            (1) In general.--Not later than December 15, 2007, 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 <DELETED>January 30, 2008. </DELETED>October 31, 
        2007.
            (3) Interim agreement.--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

[[Page 51]]

        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 section 214(a) of 
        this Act.

SEC. 215. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.

    (a) In General.--The Secretary of the Treasury, in consultation 
with the Secretary of Transportation and Amtrak, may make agreements to 
restructure Amtrak's indebtedness as of the date of enactment of this 
Act. This authorization expires on October 1, 2008.
    (b) Debt Restructuring.--The Secretary of Treasury, in consultation 
with the Secretary of the Transportation and Amtrak, shall enter into 
negotiations with the holders of Amtrak debt, including leases, 
outstanding on 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 Government.
    (c) Criteria.--In restructuring Amtrak's indebtedness, the 
Secretary and Amtrak--

[[Page 52]]

            (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 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 
        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 of Transportation 
        shall use funds authorized by section 103(a)(1) for the use of 
        Amtrak for retirement of principal on loans for capital 
        equipment, or capital leases.
            (2) Interest on debt.--Unless the Secretary of 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 of Transportation shall use funds 
        author

[[Page 53]]

        ized by section 103(a)(2) for the use of Amtrak for the payment 
        of interest on loans for capital equipment, or capital leases.
            (3) 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 103(a)(1) or (2) 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 the 
        National Railroad Passenger Corporation to the United States in 
        existence 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

[[Page 54]]

the express advance approval of the Secretary of Transportation.
    (h) Report.--The Secretary of the Treasury shall transmit a report 
to the Senate Committee on Commerce, Science, and Transportation, the 
Senate Committee on Appropriations, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Appropriations by November 1, 2008--
            (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. 216. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING INTERCITY RAIL 
              STATIONS.

    Amtrak, in consultation with station owners, shall evaluate the 
improvements necessary to make all existing stations it serves readily 
accessible to and usable by individuals with disabilities, as required 
by section 242(e)(2) of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12162(e)(2)). The evaluation shall include 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. 
Am

[[Page 55]]

trak shall submit the evaluation to the Senate Committee on Commerce, 
Science, and Transportation, the House of Representatives Committee on 
Transportation and Infrastructure, and the National Council on 
Disability by September 30, 2008, along with recommendations for 
funding the necessary improvements.

SEC. 217. INCENTIVE PAY.

    The Amtrak Board of Directors is encouraged to develop an incentive 
pay program for Amtrak management employees.

SEC. 218. 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

[[Page 56]]

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 in accord with the methodology 
established pursuant to section 206 of this Act.

SEC. 219. GENERAL AMTRAK PROVISIONS.

    (a) Repeal of Self-Sufficiency Requirements.
            (1) Title 49 amendments.--Chapter 241 is amended--
                    (A) by striking the last sentence of section 
                24101(d); and
                    (B) by striking the last sentence of section 
                24104(a).
            (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.--Amtrak may obtain services from the 
Administrator of General Services, and the Administrator may provide 
services to Amtrak, under section 201(b) and 211(b) of the Federal 
Property and

[[Page 57]]

Administrative Service Act of 1949 (40 U.S.C. 481(b) and 491(b)) for 
each of fiscal years 2007 through 2012.
    (c) Applicability of District of Columbia Law to Certain Amtrak 
Contracts.--Section 24301 is amended by adding at the end the 
following:
    ``(o) Applicability of District of Columbia Law.--Any lease or 
contract entered into between the National Railroad Passenger 
Corporation and the State of Maryland, or any department or agency of 
the State of Maryland, after the date of the enactment of this 
subsection shall be governed by the laws of the District of 
Columbia.''.
    (d) Travel Facilitation.--Using existing authority or agreements, 
or upon reaching additional agreements with Canada, the Secretary of 
Transportation 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, 2008; and
            (2) in other areas as determined appropriate by the 
        Secretary.

[[Page 58]]

SEC. 220. PRIVATE SECTOR FUNDING OF PASSENGER TRAINS.

    Amtrak is encouraged to increase its operation of trains funded by 
the private sector in order to minimize its 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. 221. ON-BOARD SERVICE IMPROVEMENTS.

    (a) In General.--Within 1 year after metrics and standards are 
established under section 208 of this Act, 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 Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure on the 
on-board service improvements proscribed in the plan and the timeline 
for implementing such improvements.

SEC. 222. AMTRAK MANAGEMENT ACCOUNTABILITY.

    (a) In General.--Chapter 243 is amended by inserting after section 
24309 the following:

[[Page 59]]

``Sec. 24310. Management accountability
    ``(a) In General.--Three years after the date of enactment of the 
Passenger Rail Investment and Improvement Act of 2007, and two 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 improving annual financial planning;
            ``(2) effectiveness in implementing improved financial 
        accounting;
            ``(3) efforts to implement minimum train performance 
        standards;
            ``(4) progress maximizing revenues and minimizing Federal 
        subsidies; 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.''.

[[Page 60]]

SEC. 223. LOCOMOTIVE BIODIESEL FUEL USE STUDY.

    (a) In General.--The Federal Railroad Administration, 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 Amtrak could use biodiesel fuel blends to power its 
fleet of locomotives and any of its other motor vehicles that can 
operate on diesel fuel.
    (b) Factors.--In conducting the study, the Federal Railroad 
Administration shall consider--
            (1) environmental and energy security effects of biodiesel 
        fuel use;
            (2) the cost of purchasing biodiesel fuel blends for such 
        purposes;
            (3) whether sufficient biodiesel fuel is readily available; 
        and
            (4) the effect of biodiesel fuel use on relevant 
        performance or warranty specifications.
    (c) Report.--Not later than April 1, 2008, the Federal Railroad 
Administration shall report the results of its study to the Congress 
together with such findings, conclusions, and recommendations as it 
deems appropriate.

[[Page 61]]

               TITLE III--INTERCITY PASSENGER RAIL POLICY

SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL SERVICE; 
              STATE RAIL PLANS.

    (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.
``Sec. 24401. Definitions
    ``In this subchapter:
            ``(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 
        225 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

[[Page 62]]

                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;
                    ``(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 transportation 
        services with the primary purpose of passenger transportation 
        between towns, cities and

[[Page 63]]

        metropolitan areas by rail, including high-speed rail, as 
        defined in section 24102 of title 49, United States Code.
``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 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 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 90 days after the 
        date of enactment of

[[Page 64]]

        the Passenger Rail Investment and Improvement Act of 2007.
    ``(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, or under the plan required by section 203 of the 
        Passenger Rail Investment and Improvement Act of 2007, 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.

[[Page 65]]

    ``(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 as 
        measured against minimum standards developed under section 208 
        of the Passenger Rail Investment and Improvement Act of 2007;
            ``(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

[[Page 66]]

                    ``(B) the national rail plan (if it is available); 
                and
            ``(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.
                    ``(D) Projects that are--
                            ``(i) at a stage of preparation that all 
                        pre-commencement 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.

[[Page 67]]

                    ``(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.
    ``(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 22504(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

[[Page 68]]

        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;

[[Page 69]]

                    ``(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 law 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 satis

[[Page 70]]

        factory 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

[[Page 71]]

        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.
            ``(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 under section 101(c) of 
        Passenger Rail Investment and Improvement Act of 2007, less an 
        amount the Secretary reasonably estimates is necessary for 
        grants under this section not covered by a letter. The total 
        amount covered by

[[Page 72]]

        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 up to $5,000,000 per fiscal year of such 
        service in fis

[[Page 73]]

        cal years 2004, 2005, and 2006 shall be credited towards the 
        matching requirements for grants awarded in fiscal years 2007, 
        2008, and 2009 under this section. The Secretary may require 
        such information as necessary to verify such expenditures.
            ``(4) 50 percent of the average amounts expended by a State 
        or group of States (including the District of Columbia) in a 
        <DELETED>fiscal year beginning in 2007 </DELETED>fiscal year, 
        beginning in fiscal year 2007, for capital projects to benefit 
        intercity passenger rail service or for the operating costs of 
        such service above the average <DELETED>of </DELETED>capital 
        and operating expenditures made for such service in fiscal 
        years 2004, 2005, and 2006 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;

[[Page 74]]

                    ``(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

[[Page 75]]

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 title.
            ``(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.

[[Page 76]]

            ``(3) Sub-allocation.--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 authorized under section 101(c) 
of the Passenger Rail Investment and Improvement Act of 2007 beginning 
in fiscal year 2008 for grants for capital projects eligible

[[Page 77]]

under this section not exceeding $2,000,000, including costs eligible 
under section 206(c) of that Act. 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 subchapter, 
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;

[[Page 78]]

            ``(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

[[Page 79]]

        for capital projects under this subchapter 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 subchapter shall provide the Secretary and a contractor the 
Secretary chooses under subsection (c) 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 
subchapter, the Secretary of Transportation may approve the use of 
capital assistance under this subchapter 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

[[Page 80]]

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 title, 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 (1) 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--

[[Page 81]]

                    ``(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 title 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

[[Page 82]]

            ``(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 title 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--

[[Page 83]]

                    ``(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 subchapter.
    ``(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 title and replaces 
        intercity rail passenger service that was provided by Amtrak, 
        unless such service was provided solely by

[[Page 84]]

        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 au

[[Page 85]]

                thorized 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

[[Page 86]]

                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.

[[Page 87]]

            ``(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

[[Page 88]]

        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) the National Railroad Passenger Corporation's access 
        rights to railroad rights of way and facilities under current 
        law.''.
    (b) Conforming Amendments.--
            (1) The table of chapters for the title is amended by 
        inserting the following after the item relating to chapter 243:

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

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

SEC. 302. STATE RAIL PLANS.

    (a) In General.--Part B of subtitle V 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.

[[Page 89]]

``Sec. 22501. 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 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, en

[[Page 90]]

                        hanced 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.''.

[[Page 91]]

``Sec. 22502. Authority
    ``(a) In General.--Each State may prepare and maintain a State rail 
plan in accordance with the provisions of this subchapter.
    ``(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.

[[Page 92]]

            ``(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.

[[Page 93]]

``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 oper

[[Page 94]]

        ating 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 
        stake holders.
            ``(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.

[[Page 95]]

            ``(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 au

[[Page 96]]

        thority 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 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 2007 
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.--

[[Page 97]]

            (1) The table of chapters for the title is amended by 
        inserting the following after the item relating to chapter 223:

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

``225. State rail plans....................................    24401''.

SEC. 303. 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

[[Page 98]]

            (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 authorization provided in section 
105 of this Act, 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. 304. 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);

[[Page 99]]

            (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 and 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.'';
            (5) by inserting ``Powers and Duties.--'' before ``The'' in 
        subsection (d), as redesignated;
            (6) by striking ``and'' after the semicolon in paragraph 
        (1) of subsection (d), as redesignated;
            (7) 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'';
            (8) by inserting ``Transfers of Duty.--'' before ``A duty'' 
        in subsection (e), as redesignated;
            (9) by inserting ``Contracts, grants, leases, cooperative 
        agreements, and similar trans

[[Page 100]]

        actions.--'' before ``Subject'' in subsection (f), as 
        redesignated;
            (10) by striking the last sentence in subsection (f), as 
        redesignated; and
            (11) 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 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 2007;
            ``(4) develop and enhance partnerships with the freight and 
        passenger railroad industry, States, and the public concerning 
        rail development;

[[Page 101]]

            ``(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.
    ``(h) Performance Goals and Reports.--
            ``(1) Performance goals.--In conjunction with the 
        objectives established and activities undertaken under section 
        103(e) of this title, the Administrator shall develop a 
        schedule for achieving specific, measurable performance goals.

[[Page 102]]

            ``(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 
        section 103(e).
            ``(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. 305. 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 in

[[Page 103]]

        frastructure, 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, 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;

[[Page 104]]

            ``(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

[[Page 105]]

        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; and
            ``(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.
    ``(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;

[[Page 106]]

                    ``(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 is 
amended by adding at the end the following:

``24910. Rail cooperative research program.''.

    <DELETED>TITLE IV--PASSENGER RAIL SECURITY AND SAFETY</DELETED>

<DELETED>SEC. 400. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Surface Transportation 
and Rail Security Act of 2007''.</DELETED>

<DELETED>SEC. 401. RAIL TRANSPORTATION SECURITY RISK 
              ASSESSMENT.</DELETED>

<DELETED>    (a) In General.--</DELETED>

[[Page 107]]

        <DELETED>    (1) Vulnerability and risk assessment.--The 
        Secretary of Homeland Security shall establish a task force, 
        including the Transportation Security Administration, the 
        Department of Transportation, and other appropriate agencies, 
        to complete a vulnerability and risk assessment of freight and 
        passenger rail transportation (encompassing railroads, as that 
        term is defined in section 20102(1) of title 49, United States 
        Code). The assessment shall include--</DELETED>
                <DELETED>    (A) a methodology for conducting the risk 
                assessment, including timelines, that addresses how the 
                Department of Homeland Security will work with the 
                entities describe in subsection (b) and make use of 
                existing Federal expertise within the Department of 
                Homeland Security, the Department of Transportation, 
                and other appropriate agencies;</DELETED>
                <DELETED>    (B) identification and evaluation of 
                critical assets and infrastructures;</DELETED>
                <DELETED>    (C) identification of vulnerabilities and 
                risks to those assets and infrastructures;</DELETED>
                <DELETED>    (D) identification of vulnerabilities and 
                risks that are specific to the transportation of 
                hazardous materials via railroad;</DELETED>

[[Page 108]]

                <DELETED>    (E) identification of security weaknesses 
                in passenger and cargo security, transportation 
                infrastructure, protection systems, procedural 
                policies, communications systems, employee training, 
                emergency response planning, and any other area 
                identified by the assessment; and</DELETED>
        <DELETED>    (F) an account of actions taken or planned by both 
        public and private entities to address identified rail security 
        issues and assess the effective integration of such 
        actions.</DELETED>
        <DELETED>    (2) Recommendations.--Based on the assessment 
        conducted under paragraph (1), the Secretary, in consultation 
        with the Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Secretary has for--</DELETED>
                <DELETED>    (A) improving the security of rail 
                tunnels, rail bridges, rail switching and car storage 
                areas, other rail infrastructure and facilities, 
                information systems, and other areas identified by the 
                Secretary as posing significant rail-related risks to 
                public safety and the movement of interstate commerce, 
                taking into account the impact that any proposed 
                security measure might have on the provision of rail 
                service;</DELETED>

[[Page 109]]

                <DELETED>    (B) deploying equipment to detect 
                explosives and hazardous chemical, biological, and 
                radioactive substances, and any appropriate 
                countermeasures;</DELETED>
                <DELETED>    (C) training appropriate railroad or 
                railroad shipper employees in terrorism prevention, 
                passenger evacuation, and response 
                activities;</DELETED>
                <DELETED>    (D) conducting public outreach campaigns 
                on passenger railroads;</DELETED>
                <DELETED>    (E) deploying surveillance equipment; 
                and</DELETED>
                <DELETED>    (F) identifying the immediate and long-
                term costs of measures that may be required to address 
                those risks.</DELETED>
        <DELETED>    (3) Plans.--The report required by subsection (c) 
        shall include--</DELETED>
                <DELETED>    (A) a plan, developed in consultation with 
                the freight and intercity passenger railroads, and 
                State and local governments, for the Federal government 
                to provide increased security support at high or severe 
                threat levels of alert;</DELETED>
                <DELETED>    (B) a plan for coordinating existing and 
                planned rail security initiatives undertaken by the 
                public and private sectors; and</DELETED>
                <DELETED>    (C) a contingency plan, developed in 
                conjunction with freight and intercity and com

[[Page 110]]

                muter passenger railroads, to ensure the continued 
                movement of freight and passengers in the event of an 
                attack affecting the railroad system, which shall 
                contemplate--</DELETED>
                        <DELETED>    (i) the possibility of rerouting 
                        traffic due to the loss of critical 
                        infrastructure, such as a bridge, tunnel, yard, 
                        or station; and</DELETED>
                        <DELETED>    (ii) methods of continuing 
                        railroad service in the Northeast Corridor in 
                        the event of a commercial power loss, or 
                        catastrophe affecting a critical bridge, 
                        tunnel, yard, or station.</DELETED>
<DELETED>    (b) Consultation; Use of Existing Resources.--In carrying 
out the assessment and developing the recommendations and plans 
required by subsection (a), the Secretary of Homeland Security shall 
consult with rail management, rail labor, owners or lessors of rail 
cars used to transport hazardous materials, first responders, shippers 
of hazardous materials, public safety officials, and other relevant 
parties.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (1) Contents.--Within 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Senate Committee on Commerce,

[[Page 111]]

        Science, and Transportation, the House of Representatives 
        Committee on Transportation and Infrastructure, and the House 
        of Representatives Committee on Homeland Security a report 
        containing the assessment, prioritized recommendations, and 
        plans required by subsection (a) and an estimate of the cost to 
        implement such recommendations.</DELETED>
        <DELETED>    (2) Format.--The Secretary may submit the report 
        in both classified and redacted formats if the Secretary 
        determines that such action is appropriate or 
        necessary.</DELETED>
<DELETED>    (d) Annual Updates.--The Secretary, in consultation with 
the Secretary of Transportation, shall update the assessment and 
recommendations each year and transmit a report, which may be submitted 
in both classified and redacted formats, to the Committees named in 
subsection (c)(1), containing the updated assessment and 
recommendations.</DELETED>
<DELETED>    (e) Funding.--Out of funds appropriated pursuant to 
section 114(u) of title 49, United States Code, as amended by section 
416 of this title, there shall be made available to the Secretary of 
Homeland Security to carry out this section $5,000,000 for fiscal year 
2008.</DELETED>

[[Page 112]]

<DELETED>SEC. 402. SYSTEMWIDE AMTRAK SECURITY UPGRADES.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (c) the Secretary 
of Homeland Security, in consultation with the Assistant Secretary of 
Homeland Security (Transportation Security Administration), is 
authorized to make grants to Amtrak--</DELETED>
        <DELETED>    (1) to secure major tunnel access points and 
        ensure tunnel integrity in New York, Baltimore, and Washington, 
        DC;</DELETED>
        <DELETED>    (2) to secure Amtrak trains;</DELETED>
        <DELETED>    (3) to secure Amtrak stations;</DELETED>
        <DELETED>    (4) to obtain a watch list identification system 
        approved by the Secretary;</DELETED>
        <DELETED>    (5) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;</DELETED>
        <DELETED>    (6) to hire additional police and security 
        officers, including canine units;</DELETED>
        <DELETED>    (7) to expand emergency preparedness efforts; 
        and</DELETED>
        <DELETED>    (8) for employee security training.</DELETED>
<DELETED>    (b) Conditions.--The Secretary of Transportation shall 
disburse funds to Amtrak provided under subsection (a) for projects 
contained in a systemwide security plan approved by the Secretary of 
Homeland Security. The plan shall include appropriate measures to 
address secu

[[Page 113]]

rity awareness, emergency response, and passenger evacuation 
training.</DELETED>
<DELETED>    (c) Equitable Geographic Allocation.--The Secretary shall 
ensure that, subject to meeting the highest security needs on Amtrak's 
entire system and consistent with the risk assessment required under 
section 401, stations and facilities located outside of the Northeast 
Corridor receive an equitable share of the security funds authorized by 
this section.</DELETED>
<DELETED>    (d) Availability of Funds.--Out of funds appropriated 
pursuant to section 114(u) of title 49, United States Code, as amended 
by section 416 of this title, there shall be made available to the 
Secretary of Homeland Security and the Assistant Secretary of Homeland 
Security (Transportation Security Administration) to carry out this 
section--</DELETED>
        <DELETED>    (1) $63,500,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $30,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (3) $30,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts appropriated pursuant to this subsection shall remain 
available until expended.</DELETED>

<DELETED>SEC. 403. FIRE AND LIFE-SAFETY IMPROVEMENTS.</DELETED>

<DELETED>    (a) Life-Safety Needs.--The Secretary of Transportation, 
in consultation with the Secretary of Homeland Security, is authorized 
to make grants to Amtrak for the

[[Page 114]]

purpose of making fire and life-safety improvements to Amtrak tunnels 
on the Northeast Corridor in New York, NY, Baltimore, MD, and 
Washington, DC.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Out of funds 
appropriated pursuant to section 416(b) of this title, there shall be 
made available to the Secretary of Transportation for the purposes of 
carrying out subsection (a) the following amounts:</DELETED>
        <DELETED>    (1) For the 6 New York tunnels to provide 
        ventilation, electrical, and fire safety technology upgrades, 
        emergency communication and lighting systems, and emergency 
        access and egress for passengers--</DELETED>
                <DELETED>    (A) $100,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    (B) $100,000,000 for fiscal year 
                2009;</DELETED>
                <DELETED>    (C) $100,000,000 for fiscal year 2010; 
                and</DELETED>
                <DELETED>    (D) $100,000,000 for fiscal year 
                2011.</DELETED>
        <DELETED>    (2) For the Baltimore & Potomac tunnel and the 
        Union tunnel, together, to provide adequate drainage, 
        ventilation, communication, lighting, and passenger egress 
        upgrades--</DELETED>
                <DELETED>    (A) $10,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    (B) $10,000,000 for fiscal year 
                2009;</DELETED>
                <DELETED>    (C) $10,000,000 for fiscal year 2010; 
                and</DELETED>
                <DELETED>    (D) $10,000,000 for fiscal year 
                2011.</DELETED>

[[Page 115]]

        <DELETED>    (3) For the Washington, DC, Union Station tunnels 
        to improve ventilation, communication, lighting, and passenger 
        egress upgrades--</DELETED>
                <DELETED>    (A) $8,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    (B) $8,000,000 for fiscal year 
                2009;</DELETED>
                <DELETED>    (C) $8,000,000 for fiscal year 2010; 
                and</DELETED>
                <DELETED>    (D) $8,000,000 for fiscal year 
                2011.</DELETED>
<DELETED>    (c) Infrastructure Upgrades.--Out of funds appropriated 
pursuant to section 416(b) of this title, there shall be made available 
to the Secretary of Transportation for fiscal year 2008 $3,000,000 for 
the preliminary design of options for a new tunnel on a different 
alignment to augment the capacity of the existing Baltimore 
tunnels.</DELETED>
<DELETED>    (d) Availability of Appropriated Funds.--Amounts made 
available pursuant to this section shall remain available until 
expended.</DELETED>
<DELETED>    (e) Plans Required.--The Secretary of Transportation may 
not make amounts available to Amtrak for obligation or expenditure 
under subsection (a)--</DELETED>
        <DELETED>    (1) until Amtrak has submitted to the Secretary, 
        and the Secretary has approved, an engineering and financial 
        plan for such projects; and</DELETED>
        <DELETED>    (2) unless, for each project funded pursuant to 
        this section, the Secretary has approved a project management 
        plan prepared by Amtrak addressing

[[Page 116]]

        appropriate project budget, construction schedule, recipient 
        staff organization, document control and record keeping, change 
        order procedure, quality control and assurance, periodic plan 
        updates, and periodic status reports.</DELETED>
<DELETED>    (f) Review of Plans.--The Secretary of Transportation 
shall complete the review of the plans required by paragraphs (1) and 
(2) of subsection (e) and approve or disapprove the plans within 45 
days after the date on which each such plan is submitted by Amtrak. If 
the Secretary determines that a plan is incomplete or deficient, the 
Secretary shall notify Amtrak of the incomplete items or deficiencies 
and Amtrak shall, within 30 days after receiving the Secretary's 
notification, submit a modified plan for the Secretary's review. Within 
15 days after receiving additional information on items previously 
included in the plan, and within 45 days after receiving items newly 
included in a modified plan, the Secretary shall either approve the 
modified plan, or, if the Secretary finds the plan is still incomplete 
or deficient, the Secretary shall identify in writing to the Senate 
Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Transportation and Infrastructure, and the 
House of Representatives Committee on Homeland Security the portions of 
the plan the Secretary finds incomplete

[[Page 117]]

or deficient, approve all other portions of the plan, obligate the 
funds associated with those other portions, and execute an agreement 
with Amtrak within 15 days thereafter on a process for resolving the 
remaining portions of the plan.</DELETED>
<DELETED>    (g) Financial Contribution From Other Tunnel Users.--The 
Secretary shall, taking into account the need for the timely completion 
of all portions of the tunnel projects described in subsection (a)--
</DELETED>
        <DELETED>    (1) consider the extent to which rail carriers 
        other than Amtrak use or plan to use the tunnels;</DELETED>
        <DELETED>    (2) consider the feasibility of seeking a 
        financial contribution from those other rail carriers toward 
        the costs of the projects; and</DELETED>
        <DELETED>    (3) obtain financial contributions or commitments 
        from such other rail carriers at levels reflecting the extent 
        of their use or planned use of the tunnels, if 
        feasible.</DELETED>

<DELETED>SEC. 404. FREIGHT AND PASSENGER RAIL SECURITY 
              UPGRADES.</DELETED>

<DELETED>    (a) Security Improvement Grants.--The Secretary of 
Homeland Security, through the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and other appropriate 
agencies, is authorized to make grants to freight railroads, the Alaska 
Rail

[[Page 118]]

road, hazardous materials shippers, owners of rail cars used in the 
transportation of hazardous materials, universities, colleges and 
research centers, State and local governments (for rail passenger 
facilities and infrastructure not owned by Amtrak), and, through the 
Secretary of Transportation, to Amtrak, for full or partial 
reimbursement of costs incurred in the conduct of activities to prevent 
or respond to acts of terrorism, sabotage, or other intercity passenger 
rail and freight rail security vulnerabilities and risks identified 
under section 401, including--</DELETED>
        <DELETED>    (1) security and redundancy for critical 
        communications, computer, and train control systems essential 
        for secure rail operations;</DELETED>
        <DELETED>    (2) accommodation of rail cargo or passenger 
        screening equipment at the United States-Mexico border, the 
        United States-Canada border, or other ports of entry;</DELETED>
        <DELETED>    (3) the security of hazardous material 
        transportation by rail;</DELETED>
        <DELETED>    (4) secure intercity passenger rail stations, 
        trains, and infrastructure;</DELETED>
        <DELETED>    (5) structural modification or replacement of rail 
        cars transporting high hazard materials to improve their 
        resistance to acts of terrorism;</DELETED>

[[Page 119]]

        <DELETED>    (6) employee security awareness, preparedness, 
        passenger evacuation, and emergency response 
        training;</DELETED>
        <DELETED>    (7) public security awareness campaigns for 
        passenger train operations;</DELETED>
        <DELETED>    (8) the sharing of intelligence and information 
        about security threats;</DELETED>
        <DELETED>    (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;</DELETED>
        <DELETED>    (10) to hire additional police and security 
        officers, including canine units; and</DELETED>
        <DELETED>    (11) other improvements recommended by the report 
        required by section 401, including infrastructure, facilities, 
        and equipment upgrades.</DELETED>
<DELETED>    (b) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this title and 
the priorities and other criteria developed by the Secretary.</DELETED>
<DELETED>    (c) Allocation.--The Secretary shall distribute the funds 
authorized by this section based on risk and vulnerability as 
determined under section 401, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for intercity 
passenger rail

[[Page 120]]

security, the Secretary shall also take into account passenger volume 
and whether a station is used by commuter rail passengers as well as 
intercity rail passengers.</DELETED>
<DELETED>    (d) Conditions.--The Secretary of Transportation may not 
disburse funds to Amtrak under subsection (a) unless Amtrak meets the 
conditions set forth in section 402(b) of this title.</DELETED>
<DELETED>    (e) Allocation Between Railroads and Others.--Unless as a 
result of the assessment required by section 401 the Secretary of 
Homeland Security determines that critical rail transportation security 
needs require reimbursement in greater amounts to any eligible entity, 
no grants under this section may be made--</DELETED>
        <DELETED>    (1) in excess of $45,000,000 to Amtrak; 
        or</DELETED>
        <DELETED>    (2) in excess of $80,000,000 for the purposes 
        described in paragraphs (3) and (5) of subsection 
        (a).</DELETED>
<DELETED>    (f) Authorization of Appropriations.--Out of funds 
appropriated pursuant to section 114(u) of title 49, United States 
Code, as amended by section 416 of this title,, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section--</DELETED>
        <DELETED>    (1) $100,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $100,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (3) $100,000,000 for fiscal year 2010.</DELETED>

[[Page 121]]

<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>
<DELETED>    (g) High Hazard Materials Defined.--In this section, the 
term ``high hazard materials'' means quantities of poison inhalation 
hazard materials, Class 2.3 gases, Class 6.1 materials, and anhydrous 
ammonia that the Secretary, in consultation with the Secretary of 
Transportation, determines pose a security risk.</DELETED>

<DELETED>SEC. 405. RAIL SECURITY RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    (a) Establishment of Research and Development Program.--
The Secretary of Homeland Security, through the Under Secretary for 
Science and Technology and the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with the 
Secretary of Transportation shall carry out a research and development 
program for the purpose of improving freight and intercity passenger 
rail security that may include research and development projects to--
</DELETED>
        <DELETED>    (1) reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances;</DELETED>
        <DELETED>    (2) test new emergency response techniques and 
        technologies;</DELETED>
        <DELETED>    (3) develop improved freight technologies, 
        including--</DELETED>

[[Page 122]]

                <DELETED>    (A) technologies for sealing rail 
                cars;</DELETED>
                <DELETED>    (B) automatic inspection of rail 
                cars;</DELETED>
                <DELETED>    (C) communication-based train controls; 
                and</DELETED>
                <DELETED>    (D) emergency response training;</DELETED>
        <DELETED>    (4) test wayside detectors that can detect 
        tampering with railroad equipment;</DELETED>
        <DELETED>    (5) support enhanced security for the 
        transportation of hazardous materials by rail, including--
        </DELETED>
                <DELETED>    (A) technologies to detect a breach in a 
                tank car or other rail car used to transport hazardous 
                materials and transmit information about the integrity 
                of cars to the train crew or dispatcher;</DELETED>
                <DELETED>    (B) research to improve tank car 
                integrity, with a focus on tank cars that carry high 
                hazard materials (as defined in section 404(g) of this 
                title); and</DELETED>
                <DELETED>    (C) techniques to transfer hazardous 
                materials from rail cars that are damaged or otherwise 
                represent an unreasonable risk to human life or public 
                safety; and</DELETED>
        <DELETED>    (6) other projects that address vulnerabilities 
        and risks identified under section 401.</DELETED>

[[Page 123]]

<DELETED>    (b) Coordination With Other Research Initiatives.--The 
Secretary of Homeland Security shall ensure that the research and 
development program authorized by this section is coordinated with 
other research and development initiatives at the Department of 
Homeland Security and the Department of Transportation. The Secretary 
shall carry out any research and development project authorized by this 
section through a reimbursable agreement with the Secretary of 
Transportation, if the Secretary of Transportation--</DELETED>
        <DELETED>    (1) is already sponsoring a research and 
        development project in a similar area; or</DELETED>
        <DELETED>    (2) has a unique facility or capability that would 
        be useful in carrying out the project.</DELETED>
<DELETED>    (c) Grants and Accountability.--To carry out the research 
and development program, the Secretary may award grants to the entities 
described in section 404(a) and shall adopt necessary procedures, 
including audits, to ensure that grants made under this section are 
expended in accordance with the purposes of this title and the 
priorities and other criteria developed by the Secretary.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--Out of funds 
appropriated pursuant to section 114(u) of title 49, United States 
Code, as amended by section 416 of this

[[Page 124]]

title,, there shall be made available to the Secretary of Homeland 
Security to carry out this section--</DELETED>
        <DELETED>    (1) $33,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $33,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (3) $33,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>

<DELETED>SEC. 406. OVERSIGHT AND GRANT PROCEDURES.</DELETED>

<DELETED>    (a) Secretarial Oversight.--The Secretary of Homeland 
Security may use up to 0.5 percent of amounts made available for 
capital projects under this title to enter into contracts for the 
review of proposed capital projects and related program management 
plans and to oversee construction of such projects.</DELETED>
<DELETED>    (b) Use of Funds.--The Secretary may use amounts available 
under subsection (a) of this subsection to make contracts to audit and 
review the safety, procurement, management, and financial compliance of 
a recipient of amounts under this title.</DELETED>
<DELETED>    (c) Procedures for Grant Award.--The Secretary shall, 
within 90 days after the date of enactment of this Act, prescribe 
procedures and schedules for the awarding of grants under this title, 
including application and qualification procedures (including a 
requirement that the applicant have a security plan), and a record of 
deci

[[Page 125]]

sion on applicant eligibility. The procedures shall include the 
execution of a grant agreement between the grant recipient and the 
Secretary and shall be consistent, to the extent practicable, with the 
grant procedures established under section 70107 of title 46, United 
States Code.</DELETED>

<DELETED>SEC. 407. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
              INVOLVED IN RAIL PASSENGER ACCIDENTS.</DELETED>

<DELETED>    (a) In General.--Chapter 243 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 24316. Plans to address needs of families of passengers 
              involved in rail passenger accidents</DELETED>
<DELETED>    ``(a) Submission of Plan.--Not later than 6 months after 
the date of the enactment of the Surface Transportation and Rail 
Security Act of 2007 Amtrak 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 an Amtrak intercity train and resulting in a loss of 
life.</DELETED>

[[Page 126]]

<DELETED>    ``(b) Contents of Plans.--The plan to be submitted by 
Amtrak under subsection (a) shall include, at a minimum, the 
following:</DELETED>
        <DELETED>    ``(1) A process by which Amtrak will maintain and 
        provide to the National Transportation Safety Board and the 
        Secretary of Transportation, 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 Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.</DELETED>

[[Page 127]]

        <DELETED>    ``(4) A process for providing the notice described 
        in paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been 
        verified).</DELETED>
        <DELETED>    ``(5) 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 Amtrak's 
        control; that any possession of the passenger within Amtrak's 
        control will be returned to the family unless the possession is 
        needed for the accident investigation or any criminal 
        investigation; and that any unclaimed possession of a passenger 
        within Amtrak's control will be retained by the rail passenger 
        carrier for at least 18 months.</DELETED>
        <DELETED>    ``(6) 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.</DELETED>
        <DELETED>    ``(7) An assurance that Amtrak will provide 
        adequate training to its employees and agents to meet the needs 
        of survivors and family members following an 
        accident.</DELETED>
<DELETED>    ``(c) Use of Information.--The National Transportation 
Safety Board, the Secretary of Transportation,

[[Page 128]]

and Amtrak may not release any personal information on a list obtained 
under subsection (b)(1) but may provide information on the list about a 
passenger to the family of the passenger to the extent that the Board 
or Amtrak considers appropriate.</DELETED>
<DELETED>    ``(d) Limitation on Liability.--Amtrak shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.</DELETED>
<DELETED>    ``(e) Limitation on Statutory Construction.--Nothing in 
this section may be construed as limiting the actions that Amtrak may 
take, or the obligations that Amtrak may have, in providing assistance 
to the families of passengers involved in a rail passenger 
accident.</DELETED>
<DELETED>    ``(f) Funding.--Out of funds appropriated pursuant to 
section 416(b) of the Surface Transportation and Rail Security Act of 
2007, there shall be made available to the Secretary of Transportation 
for the use of Amtrak $500,000 for fiscal year 2007 to carry out this 
section. Amounts made available pursuant to this subsection shall 
remain available until expended.''.</DELETED>

[[Page 129]]

<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 243 of title 49, United States Code, is amended by adding at 
the end the following:</DELETED>

<DELETED>``24316.  Plan to assist families of passengers involved in 
                            rail passenger accidents.''.

<DELETED>SEC. 408. NORTHERN BORDER RAIL PASSENGER REPORT.</DELETED>

<DELETED>    Within 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security, in consultation with the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration), the Secretary of Transportation, heads of other 
appropriate Federal departments, and agencies and the National Railroad 
Passenger Corporation, shall transmit a report to the Senate Committee 
on Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security that contains--
</DELETED>
        <DELETED>    (1) a description of the current system for 
        screening passengers and baggage on passenger rail service 
        between the United States and Canada;</DELETED>
        <DELETED>    (2) an assessment of the current program to 
        provide preclearance of airline passengers between the United 
        States and Canada as outlined in ``The Agreement on Air 
        Transport Preclearance between the Government of Canada and the 
        Government of

[[Page 130]]

        the United States of America'', dated January 18, 
        2001;</DELETED>
        <DELETED>    (3) an assessment of the current program to 
        provide preclearance of freight railroad traffic between the 
        United States and Canada as outlined in the ``Declaration of 
        Principle for the Improved Security of Rail Shipments by 
        Canadian National Railway and Canadian Pacific Railway from 
        Canada to the United States'', dated April 2, 2003;</DELETED>
        <DELETED>    (4) information on progress by the Department of 
        Homeland Security and other Federal agencies towards finalizing 
        a bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;</DELETED>
        <DELETED>    (5) a description of legislative, regulatory, 
        budgetary, or policy barriers within the United States 
        Government to providing pre-screened passenger lists for rail 
        passengers traveling between the United States and Canada to 
        the Department of Homeland Security;</DELETED>
        <DELETED>    (6) a description of the position of the 
        Government of Canada and relevant Canadian agencies with 
        respect to preclearance of such passengers;</DELETED>

[[Page 131]]

        <DELETED>    (7) a draft of any changes in existing Federal law 
        necessary to provide for pre-screening of such passengers and 
        providing pre-screened passenger lists to the Department of 
        Homeland Security; and</DELETED>
        <DELETED>    (8) an analysis of the feasibility of reinstating 
        in-transit inspections onboard international Amtrak 
        trains.</DELETED>

<DELETED>SEC. 409. RAIL WORKER SECURITY TRAINING PROGRAM.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Transportation, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of 
railroad carriers, and nonprofit employee organizations that represent 
rail workers, shall develop and issue detailed guidance for a rail 
worker security training program to prepare front-line workers for 
potential threat conditions. The guidance shall take into consideration 
any current security training requirements or best practices.</DELETED>
<DELETED>    (b) Program Elements.--The guidance developed under 
subsection (a) shall include elements, as appropriate to passenger and 
freight rail service, that address the following:</DELETED>
        <DELETED>    (1) Determination of the seriousness of any 
        occurrence.</DELETED>

[[Page 132]]

        <DELETED>    (2) Crew communication and coordination.</DELETED>
        <DELETED>    (3) Appropriate responses to defend or protect 
        oneself.</DELETED>
        <DELETED>    (4) Use of protective devices.</DELETED>
        <DELETED>    (5) Evacuation procedures.</DELETED>
        <DELETED>    (6) Psychology of terrorists to cope with hijacker 
        behavior and passenger responses.</DELETED>
        <DELETED>    (7) Situational training exercises regarding 
        various threat conditions.</DELETED>
        <DELETED>    (8) Any other subject the Secretary considers 
        appropriate.</DELETED>
<DELETED>    (c) Railroad Carrier Programs.--Not later than 90 days 
after the Secretary of Homeland Security issues guidance under 
subsection (a) in final form, each railroad carrier shall develop a 
rail worker security training program in accordance with that guidance 
and submit it to the Secretary for review. Not later than 30 days after 
receiving a railroad carrier's program under this subsection, the 
Secretary shall review the program and transmit comments to the 
railroad carrier concerning any revisions the Secretary considers 
necessary for the program to meet the guidance requirements. A railroad 
carrier shall respond to the Secretary's comments within 30 days after 
receiving them.</DELETED>

[[Page 133]]

<DELETED>    (d) Training.--Not later than 1 year after the Secretary 
reviews the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall 
review implementation of the training program of a representative 
sample of railroad carriers and report to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security on the number of reviews 
conducted and the results. The Secretary may submit the report in both 
classified and redacted formats as necessary.</DELETED>
<DELETED>    (e) Updates.--The Secretary shall update the training 
guidance issued under subsection (a) as appropriate to reflect new or 
different security threats. Railroad carriers shall revise their 
programs accordingly and provide additional training to their front-
line workers within a reasonable time after the guidance is 
updated.</DELETED>
<DELETED>    (f) Front-Line Workers Defined.--In this section, the term 
``front-line workers'' means security personnel, dispatchers, train 
operators, other onboard employees, maintenance and maintenance support 
personnel,

[[Page 134]]

bridge tenders, as well as other appropriate employees of railroad 
carriers, as defined by the Secretary.</DELETED>
<DELETED>    (g) Other Employees.--The Secretary of Homeland Security 
shall issue guidance and best practices for a rail shipper employee 
security program containing the elements listed under subsection (b) as 
appropriate.</DELETED>

<DELETED>SEC. 410. WHISTLEBLOWER PROTECTION PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subchapter A of chapter 201 of title 49, 
United States Code, is amended by inserting after section 20117 the 
following:</DELETED>
<DELETED>``Sec. 20118. Whistleblower protection for rail security 
              matters</DELETED>
<DELETED>    ``(a) Discrimination Against Employee.--No rail carrier 
engaged in interstate or foreign commerce may discharge a railroad 
employee or otherwise discriminate against a railroad employee because 
the employee (or any person acting pursuant to a request of the 
employee)--</DELETED>
        <DELETED>    ``(1) provided, caused to be provided, or is about 
        to provide or cause to be provided, to the employer or the 
        Federal Government information relating to a reasonably 
        perceived threat, in good faith, to security; or</DELETED>
        <DELETED>    ``(2) provided, caused to be provided, or is about 
        to provide or cause to be provided, testimony before Congress 
        or at any Federal or State pro

[[Page 135]]

        ceeding regarding a reasonably perceived threat, in good faith, 
        to security; or</DELETED>
        <DELETED>    ``(3) refused to violate or assist in the 
        violation of any law, rule or regulation related to rail 
        security.</DELETED>
<DELETED>    ``(b) Dispute Resolution.--A dispute, grievance, or claim 
arising under this section is subject to resolution under section 3 of 
the Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under section 3 to resolve the 
dispute, grievance, or claim the proceeding shall be expedited and the 
dispute, grievance, or claim shall be resolved not later than 180 days 
after it is filed. If the violation is a form of discrimination that 
does not involve discharge, suspension, or another action affecting 
pay, and no other remedy is available under this subsection, the Board, 
division, delegate, or other board of adjustment may award the employee 
reasonable damages, including punitive damages, of not more than 
$20,000.</DELETED>
<DELETED>    ``(c) Procedural Requirements.--Except as provided in 
subsection (b), the procedure set forth in section 42121(b)(2)(B) of 
this subtitle, including the burdens of proof, applies to any complaint 
brought under this section.</DELETED>
<DELETED>    ``(d) Election of Remedies.--An employee of a railroad 
carrier may not seek protection under both this

[[Page 136]]

section and another provision of law for the same allegedly unlawful 
act of the carrier.</DELETED>
<DELETED>    ``(e) Disclosure of Identity.--</DELETED>
        <DELETED>    ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the employee, the 
        Secretary of Transportation may not disclose the name of an 
        employee of a railroad carrier who has provided information 
        about an alleged violation of this section.</DELETED>
        <DELETED>    ``(2) The Secretary shall disclose to the Attorney 
        General the name of an employee described in paragraph (1) of 
        this subsection if the matter is referred to the Attorney 
        General for enforcement.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 201 of title 49, United States Code, is amended by inserting 
after the item relating to section 20117 the following:</DELETED>

<DELETED>``20118. Whistleblower protection for rail security 
                            matters.''.

<DELETED>SEC. 411. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
              PLANS.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Secretary of 
Transportation, shall require rail carriers transporting a high hazard 
material, as defined in section 404(g) of this title to develop a high 
hazard mate

[[Page 137]]

rial security threat mitigation plan containing appropriate measures, 
including alternative routing and temporary shipment suspension 
options, to address assessed risks to high consequence targets. The 
plan, and any information submitted to the Secretary under this section 
shall be protected as sensitive security information under the 
regulations prescribed under section 114(s) of title 49, United States 
Code.</DELETED>
<DELETED>    (b) Implementation.--A high hazard material security 
threat mitigation plan shall be put into effect by a rail carrier for 
the shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe and specific intelligence of probable or 
imminent threat exists towards--</DELETED>
        <DELETED>    (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or</DELETED>
        <DELETED>    (2) rail infrastructure or operations within the 
        immediate vicinity of a high-consequence target.</DELETED>
<DELETED>    (c) Completion and Review of Plans.--</DELETED>
        <DELETED>    (1) Plans required.--Each rail carrier shall--
        </DELETED>
                <DELETED>    (A) submit a list of routes used to 
                transport high hazard materials to the Secretary of

[[Page 138]]

                Homeland Security within 60 days after the date of 
                enactment of this Act;</DELETED>
                <DELETED>    (B) develop and submit a high hazard 
                material security threat mitigation plan to the 
                Secretary within 180 days after it receives the notice 
                of high consequence targets on such routes by the 
                Secretary; and</DELETED>
                <DELETED>    (C) submit any subsequent revisions to the 
                plan to the Secretary within 30 days after making the 
                revisions.</DELETED>
        <DELETED>    (2) Review and updates.--The Secretary, with 
        assistance of the Secretary of Transportation, shall review the 
        plans and transmit comments to the railroad carrier concerning 
        any revisions the Secretary considers necessary. A railroad 
        carrier shall respond to the Secretary's comments within 30 
        days after receiving them. Each rail carrier shall update and 
        resubmit its plan for review not less than every 2 
        years.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``high-consequence target'' means a 
        building, buildings, infrastructure, public space, or natural 
        resource designated by the Secretary of Homeland Security that 
        is viable terrorist target of

[[Page 139]]

        national significance, the attack of which could result in--
        </DELETED>
                <DELETED>    (A) catastrophic loss of life; 
                and</DELETED>
                <DELETED>    (B) significantly damaged national 
                security and defense capabilities; or</DELETED>
                <DELETED>    (C) national economic harm.</DELETED>
        <DELETED>    (2) The term ``catastrophic impact zone'' means 
        the area immediately adjacent to, under, or above an active 
        railroad right-of-way used to ship high hazard materials in 
        which the potential release or explosion of the high hazard 
        material being transported would likely cause--</DELETED>
                <DELETED>    (A) loss of life; or</DELETED>
                <DELETED>    (B) significant damage to property or 
                structures.</DELETED>
        <DELETED>    (3) The term ``rail carrier'' has the meaning 
        given that term by section 10102(5) of title 49, United States 
        Code.</DELETED>

<DELETED>SEC. 412. MEMORANDUM OF AGREEMENT.</DELETED>

<DELETED>    (a) Memorandum of Agreement.--Similar to the public 
transportation security annex between the two departments signed on 
September 8, 2005, within 1 year after the date of enactment of this 
Act, the Secretary of Transportation and the Secretary of Homeland 
Security shall execute and develop an annex to the memorandum

[[Page 140]]

of agreement between the two departments signed on September 28, 2004, 
governing the specific roles, delineations of responsibilities, 
resources and commitments of the Department of Transportation and the 
Department of Homeland Security, respectively, in addressing railroad 
transportation security matters, including the processes the 
departments will follow to promote communications, efficiency, and 
nonduplication of effort.</DELETED>
<DELETED>    (b) Rail Safety Regulations.--Section 20103(a) of title 
49, United States Code, is amended by striking ``safety'' the first 
place it appears, and inserting ``safety, including 
security,''.</DELETED>

<DELETED>SEC. 413. RAIL SECURITY ENHANCEMENTS.</DELETED>

<DELETED>    (a) Rail Police Officers.--Section 28101 of title 49, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before 
        ``Under''; and</DELETED>
        <DELETED>    (2) by striking ``the rail carrier'' each place it 
        appears and inserting ``any rail carrier''.</DELETED>
<DELETED>    (b) Review of Rail Regulations.--Within 1 year after the 
date of enactment of this Act, the Secretary of Transportation, in 
consultation with the Secretary of Homeland Security and the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration), shall review existing rail regulations of the 
Department

[[Page 141]]

of Transportation for the purpose of identifying areas in which those 
regulations need to be revised to improve rail security.</DELETED>

<DELETED>SEC. 414. PUBLIC AWARENESS.</DELETED>

<DELETED>    Not later than 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security, in consultation with the 
Secretary of Transportation, shall develop a national plan for public 
outreach and awareness. Such plan shall be designed to increase 
awareness of measures that the general public, railroad passengers, and 
railroad employees can take to increase railroad system security. Such 
plan shall also provide outreach to railroad carriers and their 
employees to improve their awareness of available technologies, ongoing 
research and development efforts, and available Federal funding sources 
to improve railroad security. Not later than 9 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
implement the plan developed under this section.</DELETED>

<DELETED>SEC. 415. RAILROAD HIGH HAZARD MATERIAL TRACKING.</DELETED>

<DELETED>    (a) Wireless Communications.--</DELETED>
        <DELETED>    (1) In general.--In conjunction with the research 
        and development program established under section 405 and 
        consistent with the results of research relating to wireless 
        tracking technologies, the

[[Page 142]]

        Secretary of Homeland Security, in consultation with the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration), shall develop a program that will 
        encourage the equipping of rail cars transporting high hazard 
        materials (as defined in section 404(g) of this title) with 
        wireless terrestrial or satellite communications technology 
        that provides--</DELETED>
                <DELETED>    (A) car position location and tracking 
                capabilities;</DELETED>
                <DELETED>    (B) notification of rail car 
                depressurization, breach, or unsafe temperature; 
                and</DELETED>
                <DELETED>    (C) notification of hazardous material 
                release.</DELETED>
        <DELETED>    (2) Coordination.--In developing the program 
        required by paragraph (1), the Secretary shall--</DELETED>
                <DELETED>    (A) consult with the Secretary of 
                Transportation to coordinate the program with any 
                ongoing or planned efforts for rail car tracking at the 
                Department of Transportation; and</DELETED>
                <DELETED>    (B) ensure that the program is consistent 
                with recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.</DELETED>

[[Page 143]]

<DELETED>    (b) Funding.--Out of funds appropriated pursuant to 
section 114(u) of title 49, United States Code, as amended by section 
416 of this title, there shall be made available to the Secretary of 
Homeland Security to carry out this section $3,000,000 for each of 
fiscal years 2008, 2009, and 2010.</DELETED>

<DELETED>SEC. 416. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Transportation Security Administration 
Authorization.--Section 114 of title 49, United States Code, is amended 
by adding at the end thereof the following:</DELETED>
<DELETED>    ``(u) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary of Homeland Security for 
rail security--</DELETED>
        <DELETED>    ``(1) $205,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    ``(2) $166,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    ``(3) $166,000,000 for fiscal year 
        2010.''.</DELETED>
<DELETED>    (b) Department of Transportation.--There are authorized to 
be appropriated to the Secretary of Transportation to carry out this 
title and sections 20118 and 24316 of title 49, United States Code, as 
added by this title--</DELETED>
        <DELETED>    (1) $121,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $118,000,000 for fiscal year 2009;</DELETED>
        <DELETED>    (3) $118,000,000 for fiscal year 2010; 
        and</DELETED>

[[Page 144]]

        <DELETED>    (4) $118,000,000 for fiscal year 2011.</DELETED>

                    TITLE IV--IMPROVED RAIL SECURITY

SEC. 401. DEFINITIONS.

    In this title:
            (1) High hazard materials.--The term ``high hazard 
        materials'' means quantities of poison inhalation hazard 
        materials, Class 2.3 gases, Class 6.1 materials, anhydrous 
        ammonia, and other hazardous materials that the Secretary, in 
        consultation with the Secretary of Transportation, determines 
        pose a security risk.
            (2) Secretary.--The term ``Secretary'' refers to the 
        Secretary of Homeland Security unless otherwise noted.

SEC. 402. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Risk assessment.--The Secretary shall establish a task 
        force, including the Transportation Security Administration and 
        other agencies within the Department, the Department of 
        Transportation, and other appropriate Federal agencies, to 
        complete a risk assessment of freight and passenger rail 
        transportation (encompassing railroads, as that term is de

[[Page 145]]

        fined in section 20102(1) of title 49, United States Code). The 
        assessment shall include--
                    (A) a methodology for conducting the risk 
                assessment, including timelines, that addresses how the 
                Department of Homeland Security will work with the 
                entities described in subsection (b) and make use of 
                existing Federal expertise within the Department of 
                Homeland Security, the Department of Transportation, 
                and other appropriate agencies;
                    (B) identification and evaluation of critical 
                assets and infrastructures;
                    (C) identification of risks to those assets and 
                infrastructures;
                    (D) identification of risks that are specific to 
                the transportation of hazardous materials via railroad;
                    (E) identification of risks to passenger and cargo 
                security, transportation infrastructure (including rail 
                tunnels used by passenger and freight railroads in high 
                threat urban areas), protection systems, operations, 
                communications systems, employee training, emergency 
                response planning, and any other area identified by the 
                assessment;

[[Page 146]]

                    (F) an assessment of public and private operational 
                recovery plans to expedite, to the maximum extent 
                practicable, the return of an adversely affected 
                freight or passenger rail transportation system or 
                facility to its normal performance level after a major 
                terrorist attack or other security event on that system 
                or facility; and
                    (G) an account of actions taken or planned by both 
                public and private entities to address identified rail 
                security issues and assess the effective integration of 
                such actions.
            (2) Recommendations.--Based on the assessment conducted 
        under paragraph (1), the Secretary, in consultation with the 
        Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Secretary has for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching and car storage areas, other 
                rail infrastructure and facilities, information 
                systems, and other areas identified by the Secretary as 
                posing significant rail-related risks to public safety 
                and the movement of interstate commerce, taking into 
                account the impact

[[Page 147]]

                that any proposed security measure might have on the 
                provision of rail service or on operations served or 
                otherwise affected by rail service;
                    (B) deploying equipment and personnel to detect 
                security threats, including those posed by explosives 
                and hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) training appropriate railroad or railroad 
                shipper employees in terrorism prevention, 
                preparedness, passenger evacuation, and response 
                activities;
                    (D) conducting public outreach campaigns on 
                passenger railroads regarding security;
                    (E) deploying surveillance equipment;
                    (F) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks; and
                    (G) public and private sector sources to fund such 
                measures.
            (3) Plans.--The report required by subsection (c) shall 
        include--
                    (A) a plan, developed in consultation with the 
                freight and intercity passenger railroads, and State 
                and local governments, for the Federal

[[Page 148]]

                Government to provide adequate security support at high 
                or severe threat levels of alert;
                    (B) a plan for coordinating existing and planned 
                rail security initiatives undertaken by the public and 
                private sectors; and
                    (C) a contingency plan, developed in coordination 
                with freight and intercity and commuter passenger 
                railroads, to ensure the continued movement of freight 
                and passengers in the event of an attack affecting the 
                railroad system, which shall contemplate--
                            (i) the possibility of rerouting traffic 
                        due to the loss of critical infrastructure, 
                        such as a bridge, tunnel, yard, or station; and
                            (ii) methods of continuing railroad service 
                        in the Northeast Corridor in the event of a 
                        commercial power loss, or catastrophe affecting 
                        a critical bridge, tunnel, yard, or station.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment and developing the recommendations and plans required by 
subsection (a), the Secretary shall consult with rail management, rail 
labor, owners or lessors of rail cars used to transport hazardous

[[Page 149]]

materials, first responders, offerers of hazardous materials, public 
safety officials, and other relevant parties. In developing the risk 
assessment required under this section, the Secretary shall utilize 
relevant existing risk assessments developed by the Department or other 
Federal agencies, and, as appropriate, assessments developed by other 
public and private stakeholders.
    (c) Report.--
            (1) Contents.--Within 1 year after the date of enactment of 
        this Act, the Secretary shall transmit to the Committee on 
        Commerce, Science, and Transportation of the Senate, and the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of Representatives 
        a report containing--
                    (A) the assessment, prioritized recommendations, 
                and plans required by subsection (a); and
                    (B) an estimate of the cost to implement such 
                recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.
    (d) Annual Updates.--The Secretary, in consultation with the 
Secretary of Transportation, shall update the

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assessment and recommendations each year and transmit a report, which 
may be submitted in both classified and redacted formats, to the 
Committees named in subsection (c)(1), containing the updated 
assessment and recommendations.
    (e) Funding.--Out of funds appropriated pursuant to section 114(v) 
of title 49, United States Code, as amended by section 418 of this 
title, there shall be made available to the Secretary to carry out this 
section $5,000,000 for fiscal year 2008.

SEC. 403. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--
            (1) Grants.--Subject to subsection (c) the Secretary, in 
        consultation with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration), is authorized to make 
        grants to Amtrak in accordance with the provisions of this 
        section.
            (2) General purposes.--The Secretary may make such grants 
        for the purposes of--
                    (A) protecting underwater and underground assets 
                and systems;
                    (B) protecting high risk and high consequence 
                assets identified through system-wide risk assessments;
                    (C) providing counter-terrorism training;

[[Page 151]]

                    (D) providing both visible and unpredictable 
                deterrence; and
                    (E) conducting emergency preparedness drills and 
                exercises.
            (3) Specific projects.--The Secretary shall make such 
        grants--
                    (A) to secure major tunnel access points and ensure 
                tunnel integrity in New York, New Jersey, Maryland, and 
                Washington, DC;
                    (B) to secure Amtrak trains;
                    (C) to secure Amtrak stations;
                    (D) to obtain a watch list identification system 
                approved by the Secretary;
                    (E) to obtain train tracking and interoperable 
                communications systems that are coordinated to the 
                maximum extent possible;
                    (F) to hire additional police officers, special 
                agents, security officers, including canine units, and 
                to pay for other labor costs directly associated with 
                security and terrorism prevention activities;
                    (G) to expand emergency preparedness efforts; and
                    (H) for employee security training.

[[Page 152]]

    (b) Conditions.--The Secretary of Transportation shall disburse 
funds to Amtrak provided under subsection (a) for projects contained in 
a systemwide security plan approved by the Secretary. Amtrak shall 
develop the security plan in consultation with constituent States and 
other relevant parties. The plan shall include appropriate measures to 
address security awareness, emergency response, and passenger 
evacuation training and shall be consistent with State security plans 
to the maximum extent practicable.
    (c) Equitable Geographic Allocation.--The Secretary shall ensure 
that, subject to meeting the highest security needs on Amtrak's entire 
system and consistent with the risk assessment required under section 
403, stations and facilities located outside of the Northeast Corridor 
receive an equitable share of the security funds authorized by this 
section.
    (d) Availability of Funds.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(v) of title 49, United States Code, as amended by 
        section 418 of this title, there shall be made available to the 
        Secretary and the Assistant Secretary of Homeland Security 
        (Transportation Security Administration) to carry out this 
        section--
                    (A) $63,500,000 for fiscal year 2008;

[[Page 153]]

                    (B) $30,000,000 for fiscal year 2009; and
                    (C) $30,000,000 for fiscal year 2010.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

SEC. 404. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--The Secretary of Transportation, in 
consultation with the Secretary, is authorized to make grants to Amtrak 
for the purpose of making fire and life-safety improvements to Amtrak 
tunnels on the Northeast Corridor in New York, New Jersey, Maryland, 
and Washington, DC.
    (b) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 418(b) of this title, there shall be made available 
to the Secretary of Transportation for the purposes of carrying out 
subsection (a) the following amounts:
            (1) For the 6 New York and New Jersey tunnels to provide 
        ventilation, electrical, and fire safety technology upgrades, 
        emergency communication and lighting systems, and emergency 
        access and egress for passengers--
                    (A) $100,000,000 for fiscal year 2008;
                    (B) $100,000,000 for fiscal year 2009;
                    (C) $100,000,000 for fiscal year 2010; and

[[Page 154]]

                    (D) $100,000,000 for fiscal year 2011.
            (2) For the Baltimore & Potomac tunnel and the Union 
        tunnel, together, to provide adequate drainage, ventilation, 
        communication, lighting, and passenger egress upgrades--
                    (A) $10,000,000 for fiscal year 2008;
                    (B) $10,000,000 for fiscal year 2009;
                    (C) $10,000,000 for fiscal year 2010; and
                    (D) $10,000,000 for fiscal year 2011.
            (3) For the Washington, DC, Union Station tunnels to 
        improve ventilation, communication, lighting, and passenger 
        egress upgrades--
                    (A) $8,000,000 for fiscal year 2008;
                    (B) $8,000,000 for fiscal year 2009;
                    (C) $8,000,000 for fiscal year 2010; and
                    (D) $8,000,000 for fiscal year 2011.
    (c) Infrastructure Upgrades.--Out of funds appropriated pursuant to 
section 418(b) of this title, there shall be made available to the 
Secretary of Transportation for fiscal year 2008 $3,000,000 for the 
preliminary design of options for a new tunnel on a different alignment 
to augment the capacity of the existing Baltimore tunnels.
    (d) Availability of Appropriated Funds.--Amounts made available 
pursuant to this section shall remain available until expended.

[[Page 155]]

    (e) Plans Required.--The Secretary of Transportation may not make 
amounts available to Amtrak for obligation or expenditure under 
subsection (a)--
            (1) until Amtrak has submitted to the Secretary, and the 
        Secretary has approved, an engineering and financial plan for 
        such projects; and
            (2) unless, for each project funded pursuant to this 
        section, the Secretary has approved a project management plan 
        prepared by Amtrak addressing appropriate project budget, 
        construction schedule, recipient staff organization, document 
        control and record keeping, change order procedure, quality 
        control and assurance, periodic plan updates, and periodic 
        status reports.
    (f) Review of Plans.--
            (1) In general.--The Secretary of Transportation shall 
        complete the review of the plans required by paragraphs (1) and 
        (2) of subsection (e) and approve or disapprove the plans 
        within 45 days after the date on which each such plan is 
        submitted by Amtrak.
            (2) Incomplete or deficient plan.--If the Secretary 
        determines that a plan is incomplete or deficient, the 
        Secretary shall notify Amtrak of the incomplete items or 
        deficiencies and Amtrak shall, with

[[Page 156]]

        in 30 days after receiving the Secretary's notification, submit 
        a modified plan for the Secretary's review.
            (3) Approval of plan.--Within 15 days after receiving 
        additional information on items previously included in the 
        plan, and within 45 days after receiving items newly included 
        in a modified plan, the Secretary shall either approve the 
        modified plan, or, if the Secretary finds the plan is still 
        incomplete or deficient, the Secretary shall--
                    (A) identify in writing to the Committee on 
                Commerce, Science, and Transportation of the Senate, 
                and the Committee on Transportation and Infrastructure 
                and the Committee on Homeland Security of the House of 
                Representatives the portions of the plan the Secretary 
                finds incomplete or deficient;
                    (B) approve all other portions of the plan;
                    (C) obligate the funds associated with those other 
                portions; and
                    (D) execute an agreement with Amtrak within 15 days 
                thereafter on a process for resolving the remaining 
                portions of the plan.
    (g) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need

[[Page 157]]

for the timely completion of all portions of the tunnel projects 
described in subsection (a)--
            (1) consider the extent to which rail carriers other than 
        Amtrak use or plan to use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other rail carriers toward the costs of 
        the projects; and
            (3) obtain financial contributions or commitments from such 
        other rail carriers at levels reflecting the extent of their 
        use or planned use of the tunnels, if feasible.

SEC. 405. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary, in consultation 
with Assistant Secretary of Homeland Security (Transportation Security 
Administration) and other appropriate agencies or officials, is 
authorized to make grants to freight railroads, the Alaska Railroad, 
hazardous materials offerers, owners of rail cars used in the 
transportation of hazardous materials, universities, colleges and 
research centers, State and local governments (for rail passenger 
facilities and infrastructure not owned by Amtrak), and to Amtrak for 
full or partial reimbursement of costs incurred in the conduct of 
activities to prevent or respond to acts of terrorism, sabotage, or 
other intercity

[[Page 158]]

passenger rail and freight rail security risks identified under section 
402, including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of rail cargo or passenger screening 
        equipment at the United States-Mexico border, the United 
        States-Canada border, or other ports of entry;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations;
            (8) the sharing of intelligence and information about 
        security threats;

[[Page 159]]

            (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (10) to hire additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the report required 
        by section 402, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this title and 
the priorities and other criteria developed by the Secretary.
    (c) Allocation.--The Secretary shall distribute the funds 
authorized by this section based on risk as determined under section 
402, and shall encourage non-Federal financial participation in 
projects funded by grants awarded under this section. With respect to 
grants for intercity passenger rail security, the Secretary shall also 
take into account passenger volume and whether stations or facilities 
are used by commuter rail passengers as well as intercity rail 
passengers. Not later than 240 days after the date of enactment of this 
Act, the Secretary shall provide a report to the Committees on 
Commerce, Science and Transportation and Homeland Security and 
Governmental Affairs

[[Page 160]]

in the Senate and the Committee on Homeland Security in the House on 
the feasibility and appropriateness of requiring a non-Federal match 
for the grants authorized in subsection (a).
    (d) Conditions.--Grants awarded by the Secretary to Amtrak under 
subsection (a) shall be disbursed to Amtrak through the Secretary of 
Transportation. The Secretary of Transportation may not disburse such 
funds unless Amtrak meets the conditions set forth in section 403(b) of 
this title.
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 402 the Secretary determines that 
critical rail transportation security needs require reimbursement in 
greater amounts to any eligible entity, no grants under this section 
may be made cumulatively over the period authorized by this title--
            (1) in excess of $45,000,000 to Amtrak; or
            (2) in excess of $80,000,000 for the purposes described in 
        paragraphs (3) and (5) of subsection (a).
    (f) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(v) of title 49, United States Code, as amended by 
        section 418 of this title, there shall be made available to the 
        Secretary to carry out this section--

[[Page 161]]

                    (A) $100,000,000 for fiscal year 2008;
                    (B) $100,000,000 for fiscal year 2009; and
                    (C) $100,000,000 for fiscal year 2010.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

SEC. 406. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, through the Under Secretary for Science and Technology and 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration), in consultation with the Secretary of Transportation 
shall carry out a research and development program for the purpose of 
improving freight and intercity passenger rail security that may 
include research and development projects to--
            (1) reduce the risk of terrorist attacks on rail 
        transportation, including risks posed by explosives and 
        hazardous chemical, biological, and radioactive substances to 
        intercity rail passengers, facilities, and equipment;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight rail security technologies, 
        including--

[[Page 162]]

                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                or other rail car used to transport hazardous materials 
                and transmit information about the integrity of cars to 
                the train crew or dispatcher;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry high hazard materials (as 
                defined in section 401 of this title); and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects that address risks identified under 
        section 402.
    (b) Coordination With Other Research Initiatives.--The Secretary 
shall ensure that the research and

[[Page 163]]

development program authorized by this section is coordinated with 
other research and development initiatives at the Department of 
Homeland Security and the Department of Transportation. The Secretary 
shall carry out any research and development project authorized by this 
section through a reimbursable agreement with the Secretary of 
Transportation, if the Secretary of Transportation--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (c) Grants and Accountability.--To carry out the research and 
development program, the Secretary may award grants to the entities 
described in section 405(a) and shall adopt necessary procedures, 
including audits, to ensure that grants made under this section are 
expended in accordance with the purposes of this title and the 
priorities and other criteria developed by the Secretary.
    (d) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(v) of title 49, United States Code, as amended by 
        section 418 of this title, there shall be made available to the 
        Secretary to carry out this section--
                    (A) $33,000,000 for fiscal year 2008;

[[Page 164]]

                    (B) $33,000,000 for fiscal year 2009; and
                    (C) $33,000,000 for fiscal year 2010.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

SEC. 407. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary may award contracts to 
audit and review the safety, security, procurement, management, and 
financial compliance of a recipient of amounts under this title.
    (b) Procedures for Grant Award.--The Secretary shall, within 180 
days after the date of enactment of this Act, prescribe procedures and 
schedules for the awarding of grants under this title, including 
application and qualification procedures (including a requirement that 
the applicant have a security plan), and a record of decision on 
applicant eligibility. The procedures shall include the execution of a 
grant agreement between the grant recipient and the Secretary and shall 
be consistent, to the extent practicable, with the grant procedures 
established under section 70107 of title 46, United States Code.
    (c) Additional Authority.--The Secretary may issue nonbinding 
letters under similar terms to those issued pursuant to section 
47110(e) of title 49, United States Code, to sponsors of rail projects 
funded under this title.

[[Page 165]]

SEC. 408. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, 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 Transportation Security and Interoperable 
Communication Capabilities Act, Amtrak 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 an Amtrak intercity train and resulting in 
a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak 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

[[Page 166]]

        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 
        Amtrak to use reasonable efforts to ascertain the number and 
        names of passengers aboard a train involved in an accident.
            ``(2) 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.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) 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 Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family

[[Page 167]]

        unless the possession is needed for the accident investigation 
        or any criminal investigation; and that any unclaimed 
        possession of a passenger within Amtrak's control will be 
        retained by the rail passenger carrier for at least 18 months.
            ``(6) 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.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--Neither the National Transportation 
Safety Board, the Secretary of Transportation, the Secretary of 
Homeland Security, nor Amtrak may release any personal information on a 
list obtained under subsection (b)(1) but may provide information on 
the list about a passenger to the family of the passenger to the extent 
that the Board or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak under this section in preparing or 
providing a passenger list, or in providing information concerning a 
train reservation,

[[Page 168]]

pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Funding.--Out of funds appropriated pursuant to section 
418(b) of the Passenger Rail Investment and Improvement Act of 2007, 
there shall be made available to the Secretary of Transportation for 
the use of Amtrak $500,000 for fiscal year 2008 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 of 
title 49, United States Code, is amended by adding at the end the 
following:

``24316. Plan to assist families of passengers involved in rail 
                            passenger accidents.''.

SEC. 409. NORTHERN BORDER RAIL PASSENGER REPORT.

    Within 1 year after the date of enactment of this Act, the 
Secretary, in consultation with the Assistant Secretary of Homeland 
Security (Transportation Security Administration), the Secretary of 
Transportation, heads of other appropriate Federal departments, and 
agencies and the National Railroad Passenger Corporation, shall 
transmit a re

[[Page 169]]

port to the Senate Committee on Commerce, Science, and Transportation, 
the House of Representatives Committee on Transportation and 
Infrastructure, and the House of Representatives Committee on Homeland 
Security that contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger rail service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States 
        and Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the 
        Government of the United States of America'', dated January 18, 
        2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian 
        National Railway and Canadian Pacific Railway from Canada to 
        the United States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on

[[Page 170]]

        trains operating between the United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to 
        providing pre-screened passenger lists for rail passengers 
        traveling between the United States and Canada to the 
        Department of Homeland Security;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers;
            (7) a draft of any changes in existing Federal law 
        necessary to provide for pre-screening of such passengers and 
        providing pre-screened passenger lists to the Department of 
        Homeland Security; and
            (8) an analysis of the feasibility of reinstating in-
        transit inspections onboard international Amtrak trains.

SEC. 410. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, appropriate law enforcement, security, and terrorism 
experts, representatives of railroad carriers and shippers, and 
nonprofit employee organizations that represent rail workers, shall 
develop and

[[Page 171]]

issue detailed guidance for a rail worker security training program to 
prepare front-line workers for potential threat conditions. The 
guidance shall take into consideration any current security training 
requirements or best practices.
    (b) Program Elements.--The guidance developed under subsection (a) 
shall include elements appropriate to passenger and freight rail 
service that address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures.
            (6) Psychology, behavior, and methods of terrorists, 
        including observation and analysis.
            (7) Situational training exercises regarding various threat 
        conditions.
            (8) Any other subject the Secretary considers appropriate.
    (c) Railroad Carrier Programs.--Not later than 90 days after the 
Secretary issues guidance under subsection (a) in final form, each 
railroad carrier shall develop a rail worker security training program 
in accordance with that guidance and submit it to the Secretary for 
review. Not

[[Page 172]]

later than 90 days after receiving a railroad carrier's program under 
this subsection, the Secretary shall review the program and transmit 
comments to the railroad carrier concerning any revisions the Secretary 
considers necessary for the program to meet the guidance requirements. 
A railroad carrier shall respond to the Secretary's comments within 90 
days after receiving them.
    (d) Training.--Not later than 1 year after the Secretary reviews 
the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall 
review implementation of the training program of a representative 
sample of railroad carriers and report to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security on the number of reviews 
conducted and the results. The Secretary may submit the report in both 
classified and redacted formats as necessary.
    (e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) as appropriate to reflect new or different 
security threats. Railroad carriers shall revise their programs 
accordingly and provide addi

[[Page 173]]

tional training to their front-line workers within a reasonable time 
after the guidance is updated.
    (f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, locomotive 
engineers, conductors, trainmen, other onboard employees, maintenance 
and maintenance support personnel, bridge tenders, as well as other 
appropriate employees of railroad carriers, as defined by the 
Secretary.
    (g) Other Employees.--The Secretary shall issue guidance and best 
practices for a rail shipper employee security program containing the 
elements listed under subsection (b) as appropriate.

SEC. 411. WHISTLEBLOWER PROTECTION PROGRAM.

    (a) In General.--Subchapter A of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail security matters
    ``(a) Discrimination Against Employee.--A railroad carrier engaged 
in interstate or foreign commerce may not discharge or in any way 
discriminate against an employee because the employee, whether acting 
for the employee or as a representative, has--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or

[[Page 174]]

        the Federal Government information relating to a reasonably 
        perceived threat, in good faith, to security;
            ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before Congress or 
        at any Federal or State proceeding regarding a reasonably 
        perceived threat, in good faith, to security; or
            ``(3) refused to violate or assist in the violation of any 
        law, rule or regulation related to rail security.
    ``(b) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under section 3 to resolve the 
dispute, grievance, or claim the proceeding shall be expedited and the 
dispute, grievance, or claim shall be resolved not later than 180 days 
after it is filed. If the violation is a form of discrimination that 
does not involve discharge, suspension, or another action affecting 
pay, and no other remedy is available under this subsection, the Board, 
division, delegate, or other board of adjustment may award the employee 
reasonable damages, including punitive damages, of not more than 
$20,000.

[[Page 175]]

    ``(c) Procedural Requirements.--Except as provided in subsection 
(b), the procedure set forth in section 42121(b)(2)(B) of this 
subtitle, including the burdens of proof, applies to any complaint 
brought under this section.
    ``(d) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the carrier.
    ``(e) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the employee, the 
        Secretary of Transportation or Secretary of Homeland Security 
        may not disclose the name of an employee of a railroad carrier 
        who has provided information about an alleged violation of this 
        section.
            ``(2) The Secretary shall disclose to the Attorney General 
        the name of an employee described in paragraph (1) of this 
        subsection if the matter is referred to the Attorney General 
        for enforcement.
    ``(f) Process for Reporting Problems.--
            ``(1) Establishment of reporting process.--The Secretary 
        shall establish, and provide information to the public 
        regarding, a process by which any person may submit a report to 
        the Secretary re

[[Page 176]]

        garding railroad security problems, deficiencies, or 
        vulnerabilities.
            ``(2) Confidentiality.--The Secretary shall keep 
        confidential the identity of a person who submits a report 
        under paragraph (1) and any such report shall be treated as a 
        record containing protected information to the extent that it 
        does not consist of publicly available information.
            ``(3) Acknowledgment of receipt.--If a report submitted 
        under paragraph (1) identifies the person making the report, 
        the Secretary shall respond promptly to such person and 
        acknowledge receipt of the report.
            ``(4) Steps to address problems.--The Secretary shall 
        review and consider the information provided in any report 
        submitted under paragraph (1) and shall take appropriate steps 
        under this title to address any problems or deficiencies 
        identified.
            ``(5) Retaliation prohibited.--No employer may discharge 
        any employee or otherwise discriminate against any employee 
        with respect to the compensation to, or terms, conditions, or 
        privileges of the employment of, such employee because the 
        employee (or a person acting pursuant to a request of the 
        employee) made a report under paragraph (1).''.

[[Page 177]]

    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20117 the following:

``20118. Whistleblower protection for rail security matters.''.

SEC. 412. HIGH HAZARD MATERIAL SECURITY RISK MITIGATION PLANS.

    (a) In General.--The Secretary, in consultation with the Assistant 
Secretary of Homeland Security (Transportation Security Administration) 
and the Secretary of Transportation, shall require rail carriers 
transporting a high hazard material, as defined in section 402 of this 
title, to develop a high hazard material security risk mitigation plan 
containing appropriate measures, including alternative routing and 
temporary shipment suspension options, to address assessed risks to 
high consequence targets. The plan, and any information submitted to 
the Secretary under this section shall be protected as sensitive 
security information under the regulations prescribed under section 
114(s) of title 49, United States Code.
    (b) Implementation.--A high hazard material security risk 
mitigation plan shall be put into effect by a rail carrier for the 
shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe

[[Page 178]]

or specific intelligence of probable or imminent threat exists 
towards--
            (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or
            (2) rail infrastructure or operations within the immediate 
        vicinity of a high-consequence target.
    (c) Completion and Review of Plans.--
            (1) Plans required.--Each rail carrier shall--
                    (A) submit a list of routes used to transport high 
                hazard materials to the Secretary within 60 days after 
                the date of enactment of this Act;
                    (B) develop and submit a high hazard material 
                security risk mitigation plan to the Secretary within 
                180 days after it receives the notice of high 
                consequence targets on such routes by the Secretary 
                that includes an operational recovery plan to expedite, 
                to the maximum extent practicable, the return of an 
                adversely affected rail system or facility to its 
                normal performance level following a major terrorist 
                attack or other security incident; and

[[Page 179]]

                    (C) submit any subsequent revisions to the plan to 
                the Secretary within 30 days after making the 
                revisions.
            (2) Review and updates.--The Secretary, with assistance of 
        the Secretary of Transportation, shall review the plans and 
        transmit comments to the railroad carrier concerning any 
        revisions the Secretary considers necessary. A railroad carrier 
        shall respond to the Secretary's comments within 30 days after 
        receiving them. Each rail carrier shall update and resubmit its 
        plan for review not less than every 2 years.
    (d) Definitions.--In this section:
            (1) The term ``high-consequence target'' means property, 
        infrastructure, public space, or natural resource designated by 
        the Secretary that is a viable terrorist target of national 
        significance, the attack of which could result in--
                    (A) catastrophic loss of life;
                    (B) significant damage to national security or 
                defense capabilities; or
                    (C) national economic harm.
            (2) The term ``catastrophic impact zone'' means the area 
        immediately adjacent to, under, or above an active railroad 
        right-of-way used to ship high hazard materials in which the 
        potential release or explosion

[[Page 180]]

        of the high hazard material being transported would likely 
        cause--
                    (A) loss of life; or
                    (B) significant damage to property or structures.
            (3) The term ``rail carrier'' has the meaning given that 
        term by section 10102(5) of title 49, United States Code.

SEC. 413. ENFORCEMENT AUTHORITY.

    (a) In General.--Section 114 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(u) Enforcement of Regulations and Orders of the Secretary of 
Homeland Security Issued Under This Title.--
            ``(1) Application of subsection.--
                    ``(A) In general.--This subsection applies to the 
                enforcement of regulations prescribed, and orders 
                issued, by the Secretary of Homeland Security under a 
                provision of this title other than a provision of 
                chapter 449.
                    ``(B) Violations of chapter 449.--The penalties for 
                violations of regulations prescribed, and orders 
                issued, by the Secretary of Homeland Security under 
                chapter 449 of this title are provided under chapter 
                463 of this title.

[[Page 181]]

                    ``(C) Nonapplication to certain violations.--
                            ``(i) Paragraphs (2) through (5) of this 
                        subsection do not apply to violations of 
                        regulations prescribed, and orders issued, by 
                        the Secretary of Homeland Security under a 
                        provision of this title--
                                    ``(I) involving the transportation 
                                of personnel or shipments of materials 
                                by contractors where the Department of 
                                Defense has assumed control and 
                                responsibility;
                                    ``(II) by a member of the armed 
                                forces of the United States when 
                                performing official duties; or
                                    ``(III) by a civilian employee of 
                                the Department of Defense when 
                                performing official duties.
                            ``(ii) Violations described in subclause 
                        (I), (II), or (III) of clause (i) shall be 
                        subject to penalties as determined by the 
                        Secretary of Defense or the Secretary's 
                        designee.
            ``(2) Civil penalty.--

[[Page 182]]

                    ``(A) In general.--A person is liable to the United 
                States Government for a civil penalty of not more than 
                $10,000 for a violation of a regulation prescribed, or 
                order issued, by the Secretary of Homeland Security 
                under this title.
                    ``(B) Repeat violations.--A separate violation 
                occurs under this paragraph for each day the violation 
                continues.
            ``(3) Administrative imposition of civil penalties.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may impose a civil penalty for a violation of 
                a regulation prescribed, or order issued, under this 
                title. The Secretary shall give written notice of the 
                finding of a violation and the penalty.
                    ``(B) Scope of civil action.--In a civil action to 
                collect a civil penalty imposed by the Secretary under 
                this subsection, the court may not re-examine issues of 
                liability or the amount of the penalty.
                    ``(C) Jurisdiction.--The district courts of the 
                United States have exclusive jurisdiction of civil 
                actions to collect a civil penalty imposed by the 
                Secretary under this subsection if--

[[Page 183]]

                            ``(i) the amount in controversy is more 
                        than--
                                    ``(I) $400,000, if the violation 
                                was committed by a person other than an 
                                individual or small business concern; 
                                or
                                    ``(II) $50,000, if the violation 
                                was committed by an individual or small 
                                business concern;
                            ``(ii) the action is in rem or another 
                        action in rem based on the same violation has 
                        been brought; or
                            ``(iii) another action has been brought for 
                        an injunction based on the same violation.
                    ``(D) Maximum penalty.--The maximum penalty the 
                Secretary may impose under this paragraph is--
                            ``(i) $400,000, if the violation was 
                        committed by a person other than an individual 
                        or small business concern; or
                            ``(ii) $50,000, if the violation was 
                        committed by an individual or small business 
                        concern.
            ``(4) Compromise and setoff.--

[[Page 184]]

                    ``(A) The Secretary may compromise the amount of a 
                civil penalty imposed under this subsection. If the 
                Secretary compromises the amount of a civil penalty 
                under this subparagraph, the Secretary shall--
                            ``(i) notify the Senate Committee on 
                        Commerce, Science, and Transportation and the 
                        House of Representatives Committee on Homeland 
                        Security of the compromised penalty and explain 
                        the rationale therefor; and
                            ``(ii) make the explanation available to 
                        the public to the extent feasible without 
                        compromising security.
                    ``(B) The Government may deduct the amount of a 
                civil penalty imposed or compromised under this 
                subsection from amounts it owes the person liable for 
                the penalty.
            ``(5) Investigations and proceedings.--Chapter 461 of this 
        title shall apply to investigations and proceedings brought 
        under this subsection to the same extent that it applies to 
        investigations and proceedings brought with respect to aviation 
        security duties designated to be carried out by the Secretary.
            ``(6) Definitions.--In this subsection:

[[Page 185]]

                    ``(A) Person.--The term `person' does not include--
                            ``(i) the United States Postal Service; or
                            ``(ii) the Department of Defense.
                    ``(B) Small business concern.--The term `small 
                business concern' has the meaning given that term in 
                section 3 of the Small Business Act (15 U.S.C. 632).''.
    (b) Conforming Amendment.--Section 46301(a)(4) of title 49, United 
States Code is amended by striking ``or another requirement under this 
title administered by the Under Secretary of Transportation for 
Security''.
    (c) Rail Safety Regulations.--Section 20103(a) of title 49, United 
States Code, is amended by striking ``safety'' the first place it 
appears, and inserting ``safety, including security,''.

SEC. 414. RAIL SECURITY ENHANCEMENTS.

    (a) Rail Police Officers.--Section 28101 of title 49, United States 
Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``Under''; 
        and
            (2) by adding at the end the following:
    ``(b) Assignment.--A rail police officer employed by a rail carrier 
and certified or commissioned as a police offi

[[Page 186]]

cer under the laws of a State may be temporarily assigned to assist a 
second rail carrier in carrying out law enforcement duties upon the 
request of the second rail carrier, at which time the police officer 
shall be considered to be an employee of the second rail carrier and 
shall have authority to enforce the laws of any jurisdiction in which 
the second rail carrier owns property to the same extent as provided in 
subsection (a).''.
    (b) Model State Legislation.--By no later than September 7, 2007, 
the Secretary of Transportation shall develop model State legislation 
to address the problem of entities that claim to be rail carriers in 
order to establish and run a police force when the entities do not in 
fact provide rail transportation and shall make it available to State 
governments. In developing the model State legislation the Secretary 
shall solicit the input of the States, railroads companies, and 
railroad employees. The Secretary shall review and, if necessary, 
revise such model State legislation periodically.

SEC. 415. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary, in consultation with the Secretary of Transportation, shall 
develop a national plan for public outreach and awareness. Such plan 
shall be designed to increase awareness of measures that the general 
public, rail

[[Page 187]]

road passengers, and railroad employees can take to increase railroad 
system security. Such plan shall also provide outreach to railroad 
carriers and their employees to improve their awareness of available 
technologies, ongoing research and development efforts, and available 
Federal funding sources to improve railroad security. Not later than 9 
months after the date of enactment of this Act, the Secretary shall 
implement the plan developed under this section.

SEC. 416. RAILROAD HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications.--
            (1) In general.--In conjunction with the research and 
        development program established under section 406 and 
        consistent with the results of research relating to wireless 
        tracking technologies, the Secretary, in consultation with the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration), shall develop a program that will 
        encourage the equipping of rail cars transporting high hazard 
        materials (as defined in section 402 of this title) with 
        technology that provides--
                    (A) car position location and tracking 
                capabilities; and

[[Page 188]]

                    (B) notification of rail car depressurization, 
                breach, unsafe temperature, or release of hazardous 
                materials.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for rail car tracking at the Department of 
                Transportation; and
                    (B) ensure that the program is consistent with 
                recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.
    (b) Funding.--Out of funds appropriated pursuant to section 114(v) 
of title 49, United States Code, as amended by section 418 of this 
title, there shall be made available to the Secretary to carry out this 
section $3,000,000 for each of fiscal years 2008, 2009, and 2010.

SEC. 417. CERTAIN REPORTS SUBMITTED TO SENATE COMMITTEE ON HOMELAND 
              SECURITY AND GOVERNMENTAL AFFAIRS.

    The Senate Committee on Homeland Security and Governmental Affairs 
shall receive the reports required by the following provisions of law 
in the same manner and to the same extent that the reports are to be 
received by

[[Page 189]]

the Senate Committee on Commerce, Science, and Transportation:
            (1) Section 402(c) of this title.
            (2) Section 404(f)(3)(A) of this title.
            (3) Section 409 of this title.
            (4) Section 410(d) of this title.

SEC. 418. AUTHORIZATION OF APPROPRIATIONS.

    (a) Transportation Security Administration Authorization.--Section 
114 of title 49, United States Code, as amended by section 413, is 
amended by adding at the end thereof the following:
    ``(v) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for rail security--
            ``(1) $205,000,000 for fiscal year 2008;
            ``(2) $166,000,000 for fiscal year 2009; and
            ``(3) $166,000,000 for fiscal year 2010.''.
    (b) Department of Transportation.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out this title 
and sections 20118 and 24316 of title 49, United States Code, as added 
by this title--
            (1) $121,000,000 for fiscal year 2008;
            (2) $118,000,000 for fiscal year 2009;
            (3) $118,000,000 for fiscal year 2010; and
            (4) $118,000,000 for fiscal year 2011.

[[Page 190]]


                                                       Calendar No. 158

110th CONGRESS

  1st Session

                                 S. 294

                          [Report No. 110-67]

_______________________________________________________________________

                                 A BILL

             To reauthorize Amtrak, and for other purposes.

_______________________________________________________________________

                              May 22, 2007

                        Reported with amendments