[Congressional Record (Bound Edition), Volume 154 (2008), Part 11]
[House]
[Pages 15657-15676]
[From the U.S. Government Publishing Office, www.gpo.gov]




         PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008

  Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 294) to reauthorize Amtrak, and for other purposes, as 
amended.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                 S. 294

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Passenger Rail Investment 
     and Improvement Act of 2008''.

     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. Repayment of long-term debt and capital leases.
Sec. 103. Other authorizations.
Sec. 104. Tunnel project.
Sec. 105. Compliance with Immigration and Nationality Act.
Sec. 106. Authorization for capital and preventive maintenance projects 
              for Washington Metropolitan Area Transit Authority.

          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. Metrics and standards.
Sec. 208. Northeast Corridor state-of-good-repair plan.
Sec. 209. Northeast Corridor infrastructure and operations 
              improvements.
Sec. 210. Restructuring long-term debt and capital leases.
Sec. 211. Study of compliance requirements at existing intercity rail 
              stations.
Sec. 212. Oversight of Amtrak's compliance with accessibility 
              requirements.
Sec. 213. Access to Amtrak equipment and services.
Sec. 214. General Amtrak provisions.
Sec. 215. Amtrak management accountability.
Sec. 216. Passenger rail study.
Sec. 217. Congestion grants.
Sec. 218. Plan for restoration of service.
Sec. 219. Locomotive biofuel study.
Sec. 220. Study of the use of biobased lubricants.
Sec. 221. Applicability of Buy American Act.
Sec. 222. Intercity passenger rail service performance.
Sec. 223. Amtrak Inspector General utilization study.
Sec. 224. Amtrak service preference study.
Sec. 225. Historic preservation and railroad safety.
Sec. 226. Commuter rail expansion.
Sec. 227. Service evaluation.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 301. Capital assistance for intercity passenger rail service; 
              State rail plans.
Sec. 302. State rail plans.
Sec. 303. Next generation corridor train equipment pool.
Sec. 304. Rail cooperative research program.
Sec. 305. Passenger rail system comparison study.

              TITLE IV--COMMUTER RAIL TRANSIT ENHANCEMENT

Sec. 401. Commuter rail transit enhancement.
Sec. 402. Routing efficiency discussions with Amtrak.

                        TITLE V--HIGH-SPEED RAIL

Sec. 501. High-speed rail corridor program.
Sec. 502. Additional high-speed projects.
Sec. 503. High-speed rail study.
Sec. 504. Grant conditions.

                        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 2009, $525,000,000.
       (2) For fiscal year 2010, $600,000,000.
       (3) For fiscal year 2011, $614,000,000.
       (4) For fiscal year 2012, $638,000,000.
       (5) For fiscal year 2013, $654,000,000.
       (b) Inspector General.--Out of the amounts authorized under 
     subsection (a), there are authorized to be appropriated to 
     the Secretary of Transportation for the Office of the 
     Inspector General of Amtrak the following amounts:
       (1) For fiscal year 2009, $20,368,900.
       (2) For fiscal year 2010, $22,586,000.
       (3) For fiscal year 2011, $24,337,000.
       (4) For fiscal year 2012, $26,236,000.
       (5) For fiscal year 2013, $28,287,000.
       (c) Accessibility Improvements and Barrier Removal for 
     People With Disabilities.--There are authorized to be 
     appropriated to the Secretary of Transportation for the use 
     of Amtrak to improve the accessibility of facilities, 
     including rail platforms, and services the following amounts:
       (1) For fiscal year 2009, $68,500,000.
       (2) For fiscal year 2010, $240,000,000.
       (3) For fiscal year 2011, $240,000,000.
       (4) For fiscal year 2012, $240,000,000.
       (5) For fiscal year 2013, $240,000,000.
       (d) 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 rail 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 2009, $1,202,000,000.
       (2) For fiscal year 2010, $1,321,000,000.
       (3) For fiscal year 2011, $1,321,000,000.
       (4) For fiscal year 2012, $1,427,000,000.
       (5) For fiscal year 2013, $1,427,000,000.
       (e) Amounts for State Grants.--Out of the amounts 
     authorized under subsection (d), 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) 41.60 percent for fiscal year 2009.
       (2) 38 percent for fiscal year 2010.
       (3) 38 percent for fiscal year 2011.
       (4) 35 percent for fiscal year 2012.
       (5) 35 percent for fiscal year 2013.
       (f) Project Management Oversight.--The Secretary may 
     withhold up to \1/2\ of 1 percent

[[Page 15658]]

     of amounts appropriated pursuant to subsection (d) for the 
     costs of project management oversight of capital projects 
     carried out by Amtrak.

     SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.

       (a) Amtrak Principal and Interest Payments.--
       (1) Principal and interest on debt service.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak for retirement of 
     principal and payment of interest on loans for capital 
     equipment, or capital leases, not more than the following 
     amounts:
       (A) For fiscal year 2009, $345,000,000.
       (B) For fiscal year 2010, $345,000,000.
       (C) For fiscal year 2011, $345,000,000.
       (D) For fiscal year 2012, $345,000,000.
       (E) For fiscal year 2013, $345,000,000.
       (2) 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.
       (3) 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
       (C) imply any Federal guarantee or commitment to amortize 
     Amtrak's outstanding indebtedness.

     SEC. 103. OTHER AUTHORIZATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation--
       (1) $5,000,000 for each of fiscal years 2009 through 2013 
     to carry out the rail cooperative research program under 
     section 24910 of title 49, United States Code; and
       (2) $5,000,000 for fiscal year 2009, to remain available 
     until expended, for grants to Amtrak and States participating 
     in the Next Generation Corridor 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.

     SEC. 104. TUNNEL PROJECT.

       (a) New Tunnel Alignment and Environmental Review.--Not 
     later than September 30, 2013, the Federal Railroad 
     Administration, working with Amtrak, the City of Baltimore, 
     State of Maryland, and rail operators described in subsection 
     (b), shall--
       (1) approve a new rail tunnel alignment in Baltimore that 
     will permit an increase in train speed and service 
     reliability; and
       (2) ensure completion of the related environmental review 
     process.
       (b) Affected Rail Operators.--Rail operators other than 
     Amtrak may participate in activities described in subsection 
     (a) to the extent that they can demonstrate the intention and 
     ability to contribute to the construction of the new tunnel.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Federal Railroad Administration for 
     carrying out this section $60,000,000 for the period 
     encompassing fiscal years 2009 through 2013.

     SEC. 105. COMPLIANCE WITH IMMIGRATION AND NATIONALITY ACT.

       Notwithstanding any other provision of this Act, none of 
     the funds authorized by this Act may be used to employ 
     workers in violation of section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a).

     SEC. 106. AUTHORIZATION FOR CAPITAL AND PREVENTIVE 
                   MAINTENANCE PROJECTS FOR WASHINGTON 
                   METROPOLITAN AREA TRANSIT AUTHORITY.

       (a) Authorization.--
       (1) In general.--Subject to the succeeding provisions of 
     this section, the Secretary of Transportation is authorized 
     to make grants to the Transit Authority, in addition to the 
     contributions authorized under sections 3, 14, and 17 of the 
     National Capital Transportation Act of 1969 (sec. 9-1101.01 
     et seq., D.C. Official Code), for the purpose of financing in 
     part the capital and preventive maintenance projects included 
     in the Capital Improvement Program approved by the Board of 
     Directors of the Transit Authority.
       (2) Definitions.--In this section--
       (A) the term ``Transit Authority'' means the Washington 
     Metropolitan Area Transit Authority established under Article 
     III of the Compact; and
       (B) the term ``Compact'' means the Washington Metropolitan 
     Area Transit Authority Compact (80 Stat. 1324; Public Law 89-
     774).
       (b) Use of Funds.--The Federal grants made pursuant to the 
     authorization under this section shall be subject to the 
     following limitations and conditions:
       (1) The work for which such Federal grants are authorized 
     shall be subject to the provisions of the Compact (consistent 
     with the amendments to the Compact described in subsection 
     (d)).
       (2) Each such Federal grant shall be for 50 percent of the 
     net project cost of the project involved, and shall be 
     provided in cash from sources other than Federal funds or 
     revenues from the operation of public mass transportation 
     systems. Consistent with the terms of the amendment to the 
     Compact described in subsection (d)(1), any funds so provided 
     shall be solely from undistributed cash surpluses, 
     replacement or depreciation funds or reserves available in 
     cash, or new capital.
       (3) Such Federal grants may be used only for the 
     maintenance and upkeep of the systems of the Transit 
     Authority as of the date of the enactment of this Act and may 
     not be used to increase the mileage of the rail system.
       (c) Applicability of Requirements For Mass Transportation 
     Capital Projects Receiving Funds Under Federal Transportation 
     Law.--Except as specifically provided in this section, the 
     use of any amounts appropriated pursuant to the authorization 
     under this section shall be subject to the requirements 
     applicable to capital projects for which funds are provided 
     under chapter 53 of title 49, United States Code, except to 
     the extent that the Secretary of Transportation determines 
     that the requirements are inconsistent with the purposes of 
     this section.
       (d) Amendments to Compact.--No amounts may be provided to 
     the Transit Authority pursuant to the authorization under 
     this section until the Transit Authority notifies the 
     Secretary of Transportation that each of the following 
     amendments to the Compact (and any further amendments which 
     may be required to implement such amendments) have taken 
     effect:
       (1)(A) An amendment requiring that all payments by the 
     local signatory governments for the Transit Authority for the 
     purpose of matching any Federal funds appropriated in any 
     given year authorized under subsection (a) for the cost of 
     operating and maintaining the adopted regional system are 
     made from amounts derived from dedicated funding sources.
       (B) For purposes of this paragraph, the term ``dedicated 
     funding source'' means any source of funding which is 
     earmarked or required under State or local law to be used to 
     match Federal appropriations authorized under this Act for 
     payments to the Transit Authority.
       (2) An amendment establishing an Office of the Inspector 
     General of the Transit Authority.
       (3) An amendment expanding the Board of Directors of the 
     Transit Authority to include 4 additional Directors appointed 
     by the Administrator of General Services, of whom 2 shall be 
     nonvoting and 2 shall be voting, and requiring one of the 
     voting members so appointed to be a regular passenger and 
     customer of the bus or rail service of the Transit Authority.
       (e) Access to Wireless Service in Metrorail System.--
       (1) Requiring transit authority to provide access to 
     service.--No amounts may be provided to the Transit Authority 
     pursuant to the authorization under this section unless the 
     Transit Authority ensures that customers of the rail service 
     of the Transit Authority have access within the rail system 
     to services provided by any licensed wireless provider that 
     notifies the Transit Authority (in accordance with such 
     procedures as the Transit Authority may adopt) of its intent 
     to offer service to the public, in accordance with the 
     following timetable:
       (A) Not later than 1 year after the date of the enactment 
     of this Act, in the 20 underground rail station platforms 
     with the highest volume of passenger traffic.
       (B) Not later than 4 years after such date, throughout the 
     rail system.
       (2) Access of wireless providers to system for upgrades and 
     maintenance.--No amounts may be provided to the Transit 
     Authority pursuant to the authorization under this section 
     unless the Transit Authority ensures that each licensed 
     wireless provider who provides service to the public within 
     the rail system pursuant to paragraph (1) has access to the 
     system on an ongoing basis (subject to such restrictions as 
     the Transit Authority may impose to ensure that such access 
     will not unduly impact rail operations or threaten the safety 
     of customers or employees of the rail system) to carry out 
     emergency repairs, routine maintenance, and upgrades to the 
     service.
       (3) Permitting reasonable and customary charges.--Nothing 
     in this subsection may be construed to prohibit the Transit 
     Authority from requiring a licensed wireless provider to pay 
     reasonable and customary charges for access granted under 
     this subsection.
       (4) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, and each of the 3 years thereafter, 
     the Transit Authority shall submit to the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on the 
     implementation of this subsection.
       (5) Definition.--In this subsection, the term ``licensed 
     wireless provider'' means any provider of wireless services 
     who is operating pursuant to a Federal license to offer such 
     services to the public for profit.

[[Page 15659]]

       (f) Amount.--There are authorized to be appropriated to the 
     Secretary of Transportation for grants under this section an 
     aggregate amount not to exceed $1,500,000,000 to be available 
     in increments over 10 fiscal years beginning in fiscal year 
     2009, or until expended.
       (g) Availability.--Amounts appropriated pursuant to the 
     authorization under this section shall remain available until 
     expended.

          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;
       ``(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 2008; 
     and
       ``(D) short-distance corridors, or routes of not more than 
     750 miles between endpoints, operated by--
       ``(i) Amtrak; or
       ``(ii) another rail carrier that receives funds under 
     chapter 244.''.
       (b) Amtrak Routes With State Funding.--
       (1) In general.--Chapter 247 is amended by inserting after 
     section 24701 the following:

     ``Sec. 24702. Transportation requested by States, 
       authorities, and other persons

       ``(a) Contracts for Transportation.--Amtrak may enter into 
     a contract with a State, a regional or local authority, or 
     another person for Amtrak to operate an intercity rail 
     service or route not included in the national rail passenger 
     transportation system upon such terms as the parties thereto 
     may agree.
       ``(b) Discontinuance.--Upon termination of a contract 
     entered into under this section, or the cessation of 
     financial support under such a contract by either party, 
     Amtrak may discontinue such service or route, notwithstanding 
     any other provision of law.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     247 is amended by inserting after the item relating to 
     section 24701 the following:

``24702. Transportation requested by States, authorities, and other 
              persons.''.

       (c) Amtrak To Continue To Provide Non-High-Speed 
     Services.--Nothing in this 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:

     ``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) Eight 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 representation 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.
       ``(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 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 6 months after the 
     date of enactment of this Act. 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;
       (2) shall implement a modern financial accounting and 
     reporting system not later than 1 year after the date of 
     enactment of this Act; and
       (3) shall, not later than 90 days after the end of each 
     fiscal year through fiscal year 2013--
       (A) submit to Congress a comprehensive report that 
     allocates all of Amtrak's revenues and costs to each of its 
     routes, each of its lines of business, and each major 
     activity within each route and line of business activity, 
     including--
       (i) train operations;
       (ii) equipment maintenance;
       (iii) food service;
       (iv) sleeping cars;
       (v) ticketing; and
       (vi) reservations;
       (B) include the report described in subparagraph (A) in 
     Amtrak's annual report; and
       (C) post such report on Amtrak's website.
       (b) Verification of System; Report.--The Inspector General 
     of the Department of Transportation shall review the 
     accounting system designed and implemented under subsection 
     (a) to ensure that it accomplishes the purposes for which it 
     is intended. The Inspector General shall report his findings 
     and conclusions, together with any recommendations, to the 
     House of Representatives Committee on Transportation and 
     Infrastructure and the Senate Committee on Commerce, Science, 
     and Transportation.
       (c) Categorization of Revenues and Expenses.--
       (1) In general.--In carrying out subsection (a), the Amtrak 
     Board of Directors shall separately categorize routes, 
     assigned revenues, and attributable expenses by type of 
     service, including long distance routes, State-sponsored 
     routes, commuter contract routes, and Northeast Corridor 
     routes.
       (2) Northeast corridor.--Amtrak revenues generated by 
     freight and commuter railroads operating on the Northeast 
     Corridor shall be separately listed to include the charges 
     per car mile assessed by Amtrak to other freight and commuter 
     railroad entities.
       (3) Fixed overhead expenses.--Fixed overhead expenses that 
     are not directly assigned or attributed to any route (or 
     group of routes) shall be listed separately by line item and 
     expense category.

     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;

[[Page 15660]]

       (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, such as 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);
       (9) annual cash flow forecasts;
       (10) a statement describing methods of estimation and 
     significant assumptions;
       (11) specific measures that demonstrate measurable 
     improvement year over year in the financial results of 
     Amtrak's operations;
       (12) prior fiscal year and projected operating ratio, cash 
     operating loss, and cash operating loss per passenger on a 
     route, business line, and corporate basis;
       (13) prior fiscal year and projected specific costs and 
     savings estimates resulting from reform initiatives;
       (14) prior fiscal year and projected labor productivity 
     statistics on a route, business line, and corporate basis; 
     and
       (15) prior fiscal year and projected equipment reliability 
     statistics.
       (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.

     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 be 
     appropriated to the Secretary for the use of Amtrak under 
     sections 101(a), (c), and (d), 102, and 103(2) of this Act.
       (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 Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       (c) Review and Approval.--
       (1) 30-day approval process.--The Secretary shall complete 
     the review of a complete grant request (including the 
     disbursement schedule) and approve or disapprove the request 
     within 30 days after the date on which Amtrak submits the 
     grant request. If the Secretary disapproves the request or 
     determines that the request is incomplete or deficient, the 
     Secretary shall include the reason for disapproval or the 
     incomplete items or deficiencies in 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 House of Representatives 
     Committee on Transportation and Infrastructure and the Senate 
     Committee on Commerce, Science, and Transportation 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, in 
     consultation with the Secretary of Transportation and the 
     governors of each relevant State and the Mayor of the 
     District of Columbia or groups representing those officials, 
     shall develop and implement a single, Nationwide standardized 
     methodology for establishing and allocating the operating and 
     capital costs among the States and Amtrak associated with 
     trains operated on 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 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. 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, nonprofit employee organizations 
     representing Amtrak employees, and groups representing Amtrak 
     passengers, as appropriate, develop new or improve existing 
     metrics and minimum standards for measuring the performance 
     and service quality of intercity passenger train operations, 
     including cost recovery, on-time performance and minutes of 
     delay, ridership, on-board services, stations, facilities, 
     equipment, and other services. Such metrics, at a minimum, 
     shall include the percentage of avoidable and fully allocated 
     operating costs covered by passenger revenues on each route, 
     ridership per train mile operated, measures of on-time 
     performance and delays incurred by intercity passenger trains 
     on the rail lines of each rail carrier and, for long distance 
     routes, measures of connectivity with other routes in all 
     regions currently receiving Amtrak service and the 
     transportation needs of communities and populations that are 
     not well-served by other forms of 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.
       (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. 208. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.

       (a) In General.--Within 9 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 
     2024, 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 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(d) of this Act for Northeast 
     Corridor capital investments contained within the capital 
     spending plan prepared by the Corporation and approved by the 
     Secretary.

[[Page 15661]]

       (4) Using the funds authorized by section 101(f) of this 
     Act, 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. 209. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
                   IMPROVEMENTS.

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

     ``Sec. 24905. Northeast Corridor Infrastructure and 
       Operations Advisory Commission

       ``(a) Northeast Corridor Infrastructure and Operations 
     Advisory Commission.--
       ``(1) Within 180 days after the date of enactment of the 
     Passenger Rail Investment and Improvement Act of 2008, the 
     Secretary of Transportation shall establish a Northeast 
     Corridor Infrastructure and Operations Advisory Commission 
     (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) one member from each of the States (including the 
     District of Columbia) that constitute the Northeast Corridor 
     as defined in section 24102, designated by, and serving at 
     the pleasure of, the chief executive officer thereof; and
       ``(D) non-voting representatives of freight railroad 
     carriers using the Northeast Corridor selected by the 
     Secretary.
       ``(2) The Secretary shall ensure that the membership 
     belonging to any of the groups enumerated under 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 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 208 of the 
     Passenger Rail Investment and Improvement Act of 2008;
       ``(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;
       ``(5) scheduling and dispatching;
       ``(6) safety enhancements;
       ``(7) equipment design;
       ``(8) marketing of rail services;
       ``(9) future capacity requirements; and
       ``(10) potential funding and financing mechanisms for 
     projects of corridor-wide significance.
       ``(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 2008, the Commission shall--
       ``(A) develop a standardized formula for determining and 
     allocating costs, revenues, and compensation for Northeast 
     Corridor commuter rail passenger transportation, as defined 
     in section 24102 of this title, 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;
       ``(ii) each service is assigned the costs incurred only for 
     the benefit of that service, and a proportionate share, based 
     upon factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 service; and
       ``(iii) all financial contributions made by an operator of 
     a service, including but not limited to, for any capital 
     infrastructure investments, as well as for any in-kind 
     services, are considered;
       ``(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 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 Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.''.
       (b) Conforming Amendments.--(1) Section 24904(c)(2) is 
     amended by--
       (A) inserting ``commuter rail passenger and'' after 
     ``between''; and
       (B) striking ``freight'' in the second sentence.
       (2) The chapter analysis for chapter 249 is amended by 
     striking the item relating to section 24905 and inserting the 
     following:

``24905. Northeast Corridor Infrastructure and Operations Advisory 
              Commission.''.

       (c) Acela Service Study.--
       (1) In general.--Amtrak shall conduct a conduct a study to 
     determine the infrastructure and equipment improvements 
     necessary to provide regular Acela service--
       (A) between Washington, DC and New York City--
       (i) in 2 hours and 30 minutes;
       (ii) in 2 hours and 15 minutes; and
       (iii) in 2 hours; and
       (B) between New York City and Boston--
       (i) in 3 hours and 15 minutes;
       (ii) in 3 hours; and
       (iii) in 2 hours and 45 minutes.
       (2) Issues.--The study conducted under paragraph (1) shall 
     include--
       (A) an estimated time frame for achieving the trip time 
     described in paragraph (1);
       (B) an analysis of any significant obstacles that would 
     hinder such an achievement, including but not limited to, any 
     adverse impact on existing and projected intercity, commuter, 
     and freight service; and
       (C) a detailed description and cost estimate of the 
     specific infrastructure and equipment improvements necessary 
     for such an achievement.
       (3) Report.--Within 1 year after the date of enactment of 
     this Act, Amtrak shall submit a written report containing the 
     results of the study required under this subsection to--
       (A) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (B) the Committee on Appropriations of the House of 
     Representatives;
       (C) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (D) the Committee on Appropriations of the Senate; and
       (E) the Federal Railroad Administration.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation to 
     enable Amtrak to conduct the study under this subsection 
     $5,000,000.

     SEC. 210. 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 18 months after the date of enactment of this Act.
       (b) Debt Restructuring.--The Secretary of the Treasury, in 
     consultation with the Secretary of 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

[[Page 15662]]

     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 of the Treasury and Amtrak--
       (1) shall take into consideration repayment costs, the term 
     of any loan or loans, and market conditions; and
       (2) shall ensure that the restructuring results in 
     significant savings to Amtrak and the United States 
     Government.
       (d) Payment of Renegotiated Debt.--If the criteria under 
     subsection (c) are met, the Secretary of the Treasury may 
     assume or repay the restructured debt, as appropriate.
       (e) Amtrak Principal and Interest Payments.--
       (1) Principal on debt service.--Unless the Secretary of the 
     Treasury makes sufficient payments to creditors under 
     subsection (d) so that Amtrak is required to make no payments 
     to creditors in a fiscal year, the Secretary of 
     Transportation shall use funds authorized by section 
     102(a)(1) of this Act 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 the Treasury 
     makes sufficient payments to creditors under subsection (d) 
     so that Amtrak is required to make no payments to creditors 
     in a fiscal year, the Secretary of Transportation shall use 
     funds authorized by section 102(a)(1) of this Act 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 102(a)(1) 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 the express 
     advance approval of the Secretary of Transportation.
       (h) Report.--The Secretary of the Treasury shall transmit a 
     report to the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Committee on 
     Appropriations of the House of Representatives, the Committee 
     on Commerce, Science, and Transportation of the Senate, and 
     the Committee on Appropriations of the Senate, by November 1, 
     2009--
       (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. 211. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING 
                   INTERCITY RAIL STATIONS.

       Amtrak, in consultation with station owners and other 
     railroads operating service through the existing stations 
     that it serves, shall evaluate the improvements necessary to 
     make these stations readily accessible to and usable by 
     individuals with disabilities, as required by such section 
     242(e)(2) of the Americans with Disabilities Act of 1990, as 
     amended (42 U.S.C. 12162(e)(2)). The evaluation shall 
     include, for each applicable station, improvements required 
     to bring it into compliance with the applicable parts of such 
     section 242(e)(2), any potential barriers to achieving 
     compliance, including issues related to the raising of 
     passenger rail station platforms, the estimated cost of the 
     improvements necessary, the identification of the responsible 
     person (as defined in section 241(5) of that Act (42 U.S.C. 
     12161(5))), and the earliest practicable date when such 
     improvements can be made. The evaluation shall also include a 
     detailed plan and schedule for bringing all applicable 
     stations into compliance with the applicable parts of section 
     242(e)(2) by the 2010 statutory deadline for station 
     accessibility. Amtrak shall submit the evaluation to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives; the Committee on Commerce, Science, and 
     Transportation of the Senate; the Department of 
     Transportation; and the National Council on Disability by 
     February 1, 2009, along with recommendations for funding the 
     necessary improvements. Should the Department of 
     Transportation issue the Final Rule to its Notice of Proposed 
     Rulemaking of February 27, 2006, on ``Transportation for 
     Individuals with Disabilities,'' after Amtrak submits its 
     evaluation, Amtrak shall, not later than 120 days after the 
     date the Final Rule is published, submit to the above parties 
     a supplemental evaluation on the impact of those changes on 
     its cost and schedule for achieving full compliance.

     SEC. 212. OVERSIGHT OF AMTRAK'S COMPLIANCE WITH ACCESSIBILITY 
                   REQUIREMENTS.

       Using the funds authorized by section 101(f) of this Act, 
     the Federal Railroad Administration shall monitor and conduct 
     periodic reviews of Amtrak's compliance with applicable 
     sections of the Americans with Disabilities Act of 1990 and 
     the Rehabilitation Act of 1974 to ensure that Amtrak's 
     services and facilities are accessible to individuals with 
     disabilities to the extent required by law.

     SEC. 213. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.

       If a State desires to select or selects an entity other 
     than Amtrak to provide services required for the operation of 
     an intercity passenger train route described in section 
     24102(5)(D) or 24702 of title 49, United States Code, the 
     State may make an agreement with Amtrak to use facilities and 
     equipment of, or have services provided by, Amtrak under 
     terms agreed to by the State and Amtrak to enable the State 
     to utilize an entity other than Amtrak to provide services 
     required for operation of the route. If the parties cannot 
     agree upon terms, and the Surface Transportation Board finds 
     that access to Amtrak's facilities or equipment, or the 
     provision of services by Amtrak, is necessary to carry out 
     this provision and that the operation of Amtrak's other 
     services will not be impaired thereby, the Surface 
     Transportation Board shall, within 120 days after submission 
     of the dispute, issue an order that the facilities and 
     equipment be made available, and that services be provided, 
     by Amtrak, and shall determine reasonable compensation, 
     liability and other terms for use of the facilities and 
     equipment and provision of the services. Compensation shall 
     be determined in accordance with the methodology established 
     pursuant to section 206 of this Act.

     SEC. 214. GENERAL AMTRAK PROVISIONS.

       (a) Repeal of Self-Sufficiency Requirements.--
       (1) Plan required.--Section 24101(d) is amended--
       (A) by striking ``plan to operate within the funding levels 
     authorized by section 24104 of this chapter, including 
     budgetary goals for fiscal years 1998 through 2002.'' and 
     inserting ``plan, consistent with section 204 of the 
     Passenger Rail Investment and Improvement Act of 2008, 
     including the budgetary goals for fiscal years 2009 through 
     2013.''; and
       (B) by striking the last sentence and inserting ``Amtrak 
     and its Board of Directors shall adopt a long-term plan that 
     minimizes the need for Federal operating subsidies.''.
       (2) Amtrak reform and accountability act amendments.--Title 
     II of the Amtrak Reform and Accountability Act of 1997 (49 
     U.S.C. 24101 nt) is amended by striking sections 204 and 205.
       (b) Lease Arrangements.--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 Administrative Service Act 
     of 1949 (40 U.S.C. 481(b) and 491(b)) for each of fiscal 
     years 2009 through 2013.

     SEC. 215. AMTRAK MANAGEMENT ACCOUNTABILITY.

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

     ``Sec. 24310. Management accountability

       ``(a) In General.--Three years after the date of enactment 
     of the Passenger Rail Investment and Improvement Act of 2008, 
     and 2 years thereafter, the Inspector General of the 
     Department of Transportation shall complete an overall 
     assessment of the progress made by Amtrak management and the 
     Department of Transportation in implementing the provisions 
     of that Act.
       ``(b) Assessment.--The management assessment undertaken by 
     the Inspector General may include a review of--
       ``(1) effectiveness in improving annual financial planning;
       ``(2) effectiveness in implementing improved financial 
     accounting;
       ``(3) efforts to implement minimum train performance 
     standards;
       ``(4) progress maximizing revenues and minimizing Federal 
     subsidies and improving financial results; and
       ``(5) any other aspect of Amtrak operations the Inspector 
     General finds appropriate to review.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 is amended by inserting after the item relating to 
     section 24309 the following:

``24310. Management accountability.''.

     SEC. 216. PASSENGER RAIL STUDY.

       (a) In General.--The Comptroller General of the General 
     Accountability Office shall conduct a study to determine the 
     potential cost and benefits of expanding passenger rail 
     service options in underserved communities.
       (b) Submission.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit a report containing the results of the study conducted 
     under this section to--
       (1) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (2) the Committee on Commerce, Science, and Transportation 
     of the Senate.

[[Page 15663]]



     SEC. 217. CONGESTION GRANTS.

       (a) Authority.--The Secretary of Transportation may make 
     grants to States, or to Amtrak in cooperation with States, 
     for financing the capital costs of facilities, 
     infrastructure, and equipment for high priority rail corridor 
     projects necessary to reduce congestion or facilitate 
     ridership growth in intercity passenger rail transportation.
       (b) Eligible Projects.--Projects eligible for grants under 
     this section include projects--
       (1) identified by Amtrak as necessary to reduce congestion 
     or facilitate ridership growth in intercity passenger rail 
     transportation along heavily traveled rail corridors; and
       (2) designated by the Secretary as being sufficiently 
     advanced in development to be capable of serving the purposes 
     described in subsection (a) on an expedited schedule.
       (c) Compliance With Environmental Laws.--The Secretary 
     shall not make a grant under this section for a project 
     without adequate assurances that the project will be 
     completed in full compliance with all applicable Federal and 
     State environmental laws and regulations.
       (d) Federal Share.--The Federal share of the cost of a 
     project financed under this section shall not exceed 80 
     percent.
       (e) Employee Protection.--The recipient of a grant under 
     this section shall agree to comply with the standards of 
     section 24312 of title 49, United States Code, 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 such title.

     SEC. 218. PLAN FOR RESTORATION OF SERVICE.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, Amtrak shall transmit to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a plan for restoring passenger 
     rail service between New Orleans, Louisiana, and Sanford, 
     Florida. The plan shall include a projected timeline for 
     restoring such service, the costs associated with restoring 
     such service, and any proposals for legislation necessary to 
     support such restoration of service. In developing the plan, 
     Amtrak shall consult with representatives from the States of 
     Louisiana, Alabama, Mississippi, and Florida, railroad 
     carriers whose tracks may be used for such service, rail 
     passengers, rail labor, and other entities as appropriate.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation to 
     enable Amtrak to conduct the study under this subsection 
     $1,000,000.

     SEC. 219. LOCOMOTIVE BIOFUEL STUDY.

       (a) In General.--The Administrator of 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 
     freight and passenger rail operators could use biofuel blends 
     to power its locomotive fleet and other vehicles that operate 
     on rail tracks.
       (b) Definition.--For purposes of this section, the term 
     ``biofuel'' means a fuel that utilizes renewable resources 
     and is composed substantially of a renewable resource blended 
     with ethanol, methanol, or other additive.
       (c) Factors.--In conducting the study, the Federal Railroad 
     Administration shall consider--
       (1) the energy intensity of various biofuel blends compared 
     to diesel fuel;
       (2) the emission benefits of using various biofuel blends 
     compared to locomotive diesel fuel;
       (3) the cost of purchasing biofuel blends;
       (4) the public benefits derived from the use of such fuels; 
     and
       (5) the effect of biofuel use on relevant locomotive and 
     other vehicle performance.
       (d) Locomotive Testing.--As part of the study, the Federal 
     Railroad Administration shall test locomotive engine 
     performance and emissions using blends of biofuel and diesel 
     fuel in order to recommend a premium locomotive biofuel 
     blend.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Federal Railroad Administration 
     shall issue the results of this study to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation 
     $1,000,000 to carry out this section, to remain available 
     until expended.

     SEC. 220. STUDY OF THE USE OF BIOBASED LUBRICANTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Federal Railroad Administration shall transmit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report containing 
     the results of a study of the feasibility of using readily 
     biodegradable lubricants by freight and passenger railroads. 
     The Federal Railroad Administration shall work with an 
     agricultural-based lubricant testing facility or facilities 
     to complete this study. The study shall include--
       (1) an analysis of the potential use of soy-based grease 
     and soy-based hydraulic fluids to perform according to 
     railroad industry standards;
       (2) an analysis of the potential use of other readily 
     biodegradable lubricants to perform according to railroad 
     industry standards;
       (3) a comparison of the health and safety of petroleum-
     based lubricants with biobased lubricants, which shall 
     include an analysis of fire safety; and
       (4) a comparison of the environmental impact of petroleum-
     based lubricants with biobased lubricants, which shall 
     include rate and effects of biodegradability.

     SEC. 221. APPLICABILITY OF BUY AMERICAN ACT.

       Section 24305(f) is amended to read as follows:
       ``(f) Applicability of Buy American Act.--Amtrak shall be 
     subject to the Buy American Act (41 U.S.C. 10a-d) and the 
     regulations thereunder, for purchases of $100,000 or more.''.

     SEC. 222. INTERCITY PASSENGER RAIL SERVICE PERFORMANCE.

       (a) Development of Evaluation Metrics.--Not later than 6 
     months after the date of enactment of this Act, the Inspector 
     General of the Department of Transportation shall, using the 
     financial and performance metrics developed under section 
     207, develop metrics for the evaluation of the performance 
     and service quality of intercity passenger rail services 
     including cost recovery, on-time performance and minutes of 
     delay, ridership, onboard services, maintenance of facilities 
     and equipment, and other services.
       (b) Identification of Worst Performing Routes.--On the 
     basis of these metrics, the Inspector General shall identify 
     the five worst performing Amtrak routes.
       (c) Alternative Routes.--The Inspector General shall also 
     establish criteria for evaluating routes not currently served 
     by Amtrak which might be able to support passenger rail 
     service at a reasonable cost.
       (d) Report to Congress.--The Inspector General shall submit 
     a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate recommending a process for the Department of 
     Transportation to consider proposals by Amtrak and others to 
     serve underperforming routes, and routes not currently served 
     by Amtrak. The proposals shall require that applicants follow 
     grant requirements of section 504. The Inspector General 
     shall recommend one route not currently served by Amtrak and 
     two routes (from among the five worst routes identified under 
     subsection (b)) currently served by Amtrak, for the 
     Department of Transportation to consider under the selection 
     process.
       (e) Implementation.--The Secretary shall not implement the 
     selection process recommended by the Inspector General under 
     subsection (d) until legislation has been enacted authorizing 
     the Secretary to take such action.

     SEC. 223. AMTRAK INSPECTOR GENERAL UTILIZATION STUDY.

       Not later than 9 months after the date of enactment of this 
     Act, the Amtrak Inspector General shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on Amtrak's 
     utilization of its facilities, including the Beech Grove 
     Repair facility in Indiana. The report shall include an 
     examination of Amtrak's utilization of its existing 
     facilities to determine the extent Amtrak is maximizing the 
     opportunities for each facility, including any attempts to 
     provide maintenance and repair to other rail carriers. In 
     developing this report, the Amtrak Inspector General shall 
     consult with other railroad carriers as it deems appropriate.

     SEC. 224. AMTRAK SERVICE PREFERENCE STUDY.

       Not later than 6 months after the date of enactment of this 
     Act, the Surface Transportation Board shall transmit to the 
     Congress a report containing--
       (1) the findings of a study of the effectiveness of the 
     implementation of section 24308(c) of title 49, United States 
     Code, in ensuring the preference of Amtrak service over 
     freight transportation service; and
       (2) recommendations with respect to any regulatory or 
     legislative actions that would improve such effectiveness.

     SEC. 225. HISTORIC PRESERVATION AND RAILROAD SAFETY.

       (a) Study; Other Actions.--The Secretary of Transportation 
     shall--
       (1) conduct a study, in consultation with the Advisory 
     Council on Historic Preservation, the National Conference of 
     State Historic Preservation Officers, the Department of the 
     Interior, appropriate representatives of the railroad 
     industry, and representative stakeholders, on ways to 
     streamline compliance with the requirements of section 303 of 
     title 49, United States Code, and section 106 of the National 
     Historic Preservation Act (16 U.S.C. 470f) for federally 
     funded railroad infrastructure repair and improvement 
     projects;
       (2) take immediate action to cooperate with the Alaska 
     Railroad, the Alaska State

[[Page 15664]]

     Historic Preservation Office, the Advisory Council on 
     Historic Preservation, and the Department of the Interior, in 
     expediting the decisionmaking process for safety-related 
     projects of the railroad involving property and facilities 
     that have disputed historic significance; and
       (3) take immediate action to cooperate with the North 
     Carolina Department of Transportation, the North Carolina 
     State Historic Preservation Office, the Virginia State 
     Historic Preservation Office, the Advisory Council on 
     Historic Preservation, and the Department of the Interior, in 
     expediting the decisionmaking process for safety-related 
     projects of the railroad and the Southeast High Speed Rail 
     Corridor involving property and facilities that have disputed 
     historic significance.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit, to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate, a report on the results of 
     the study conducted under subsection (a)(1) and the actions 
     directed under subsection (a)(2) and (3). The report shall 
     include recommendations for any regulatory or legislative 
     amendments that may streamline compliance with the 
     requirements described in subsection (a)(1) in a manner 
     consistent with railroad safety and the policies and purposes 
     of section 106 of the National Historic Preservation Act (16 
     U.S.C. 470f), section 303 of title 49, United States Code, 
     and section 8(d) of Public Law 90-543 (16 U.S.C. 1247(d)).

     SEC. 226. COMMUTER RAIL EXPANSION.

       (a) Findings.--The Congress find the following:
       (1) In 2006, Americans took 10,100,000,000 trips on public 
     transportation for the first time since 1949.
       (2) The Northeast region is one of the Nation's largest 
     emerging transportation ``megaregions'' where infrastructure 
     expansion and improvements are most needed.
       (3) New England's road traffic has increased two to three 
     times faster than its population since 1990.
       (4) Connecticut has one of the Nation's longest average 
     commute times according to the United States Census Bureau, 
     and 80 percent of Connecticut commuters drive by themselves 
     to work, demonstrating the need for expanded commuter rail 
     access.
       (5) The Connecticut Department of Transportation has 
     pledged to modernize, repair, and strengthen the rail line 
     infrastructure to provide for increased safety and security 
     along a crucial transportation corridor in the Northeast.
       (6) Expanded New Haven-Springfield rail service would 
     improve access to Bradley International Airport, one the 
     region's busiest airports, as well as to Hartford, 
     Connecticut, and Springfield, Massachusetts, two of the 
     region's commercial, residential, and industrial centers.
       (7) Expanded commuter rail service on the New Haven-
     Springfield line will result in an estimated 630,000 
     additional trips per year and 2,215,384 passenger miles per 
     year, helping to curb pollution and greenhouse gas production 
     that vehicle traffic would otherwise produce.
       (8) The MetroNorth New Haven Line and Shore Line East 
     railways saw respective 3.43 percent and 4.93 percent 
     increases in ridership over the course of 2007, demonstrating 
     the need for expanded commuter rail service in Connecticut.
       (9) Expanded New Haven-Springfield commuter rail service 
     will provide transportation nearly 17 times more efficient in 
     terms of average mileage versus road vehicles, alleviating 
     road congestion and providing a significant savings to 
     consumers during a time of high gas prices.
       (b) Sense of Congress.--It is the Sense of the Congress 
     that expanded commuter rail service on the rail line between 
     New Haven, Connecticut, and Springfield, Massachusetts, is an 
     important transportation priority, and Amtrak should work 
     cooperatively with the States of Connecticut and 
     Massachusetts to enable expanded commuter rail service on 
     such line.
       (c) Infrastructure Maintenance Report.--Amtrak shall submit 
     a report to Congress and the State Departments of 
     Transportation of Connecticut and Massachusetts on the total 
     cost of uncompleted infrastructure maintenance on the rail 
     line between New Haven, Connecticut, and Springfield, 
     Massachusetts.

     SEC. 227. SERVICE EVALUATION.

       Not later than 1 year after the date of enactment of this 
     Act, Amtrak shall transmit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report containing the results of an evaluation of 
     passenger rail service between Cornwells Heights, PA, and New 
     York City, NY, and between Princeton Junction, NJ, and New 
     York City, NY, to determine whether to expand passenger rail 
     service by increasing the frequency of stops or reducing 
     commuter ticket prices for this route.

               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 chapter:
       ``(1) Applicant.--The term `applicant' means a State 
     (including the District of Columbia), a group of States, an 
     Interstate Compact, or a public agency established by one or 
     more States and having responsibility for providing intercity 
     passenger rail service.
       ``(2) Capital project.--The term `capital project' means a 
     project or program in a State rail plan developed under 
     chapter 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 benefit of intercity passenger rail 
     service, expenses incidental to the acquisition or 
     construction (including designing, engineering, location 
     surveying, mapping, environmental studies, and acquiring 
     rights-of-way), payments for the capital portions of rail 
     trackage rights agreements, highway-rail grade crossing 
     improvements related to intercity passenger rail service, 
     mitigating environmental impacts, communication and 
     signalization improvements, relocation assistance, acquiring 
     replacement housing sites, and acquiring, constructing, 
     relocating, and rehabilitating replacement housing;
       ``(B) rehabilitating, remanufacturing or overhauling rail 
     rolling stock and facilities used primarily in intercity 
     passenger rail service;
       ``(C) costs associated with developing State rail plans; 
     and
       ``(D) the first-dollar liability costs for insurance 
     related to the provision of intercity passenger rail service 
     under section 24404.
       ``(3) Intercity passenger rail service.--The term 
     `intercity passenger rail service' means transportation 
     services with the primary purpose of passenger transportation 
     between towns, cities and metropolitan areas by rail, 
     including high-speed rail, as defined in section 24102 of 
     this title.

     ``Sec. 24402. Capital investment grants to support intercity 
       passenger rail service

       ``(a) General Authority.--
       ``(1) The Secretary of Transportation may make grants under 
     this section to an applicant to assist in financing the 
     capital costs of facilities, infrastructure, and equipment 
     necessary to provide or improve intercity passenger rail 
     transportation.
       ``(2) 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 the Passenger Rail Investment and 
     Improvement Act of 2008.
       ``(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 302 
     of the Passenger Rail Investment and Improvement Act of 2008, 
     and that the applicant or recipient has or will have the 
     legal, financial, and technical capacity to carry out the 
     project, satisfactory continuing control over the use of the 
     equipment or facilities, and the capability and willingness 
     to maintain the equipment or facilities.
       ``(2) An applicant shall provide sufficient information 
     upon which the Secretary can make the findings required by 
     this subsection.
       ``(3) If an applicant has not selected the proposed 
     operator of its service competitively, the applicant shall 
     provide written justification to the Secretary showing why 
     the proposed operator is the best, taking into account price 
     and other factors, and that use of the proposed operator will 
     not unnecessarily increase the cost of the project.
       ``(c) Project Selection Criteria.--The Secretary, in 
     selecting the recipients of financial assistance to be 
     provided under subsection (a), shall--
       ``(1) require that each proposed project meet all safety 
     requirements that are applicable to the project under law;
       ``(2) give preference to projects with high levels of 
     estimated ridership, increased on-

[[Page 15665]]

     time performance, reduced trip time, additional service 
     frequency to meet anticipated or existing demand, or other 
     significant service enhancements as measured against minimum 
     standards developed under section 207 of the Passenger Rail 
     Investment and Improvement Act of 2008;
       ``(3) encourage intermodal connectivity through projects 
     that provide direct connections between train stations, 
     airports, bus terminals, subway stations, ferry ports, and 
     other modes of transportation;
       ``(4) ensure that each project is compatible with, and is 
     operated in conformance with--
       ``(A) plans developed pursuant to the requirements of 
     section 135 of title 23, United States Code; and
       ``(B) the national rail plan (if it is available); 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 improve freight or commuter rail 
     operations.
       ``(C) Projects that have significant environmental 
     benefits, including projects that involve the purchase of 
     environmentally sensitive, fuel-efficient, and cost-effective 
     passenger rail equipment.
       ``(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.
       ``(H) Projects that involve donated property interests or 
     services.
       ``(I) Projects that are identified by the Surface 
     Transportation Board as necessary to improve the on time 
     performance and reliability of intercity passenger rail under 
     section 24308(f).
       ``(J) Projects described in section 5302(a)(1)(G) of this 
     title that are designed to support intercity passenger rail 
     service.
       ``(K) Projects that encourage intermodal connectivity, 
     create significant opportunity for State and private 
     contributions toward station development, are energy and 
     environmentally efficient, and have economic benefits.
       ``(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 stipulated as the financial participation of 
     the Secretary in the project.
       ``(B) At least 30 days before issuing a letter under 
     subparagraph (A) of this paragraph or entering into a full 
     funding grant agreement, the Secretary shall notify in 
     writing the Committee on Transportation and Infrastructure of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate and the House and 
     Senate Committees on Appropriations of the proposed letter or 
     agreement. The Secretary shall include with the notification 
     a copy of the proposed letter or agreement as well as the 
     evaluations and ratings for the project.
       ``(C) An obligation or administrative commitment may be 
     made only when amounts are appropriated.
       ``(2)(A) The Secretary may make a full funding grant 
     agreement with an applicant. The agreement shall--
       ``(i) establish the terms of participation by the United 
     States Government in a project under this section;
       ``(ii) establish the maximum amount of Government financial 
     assistance for the project;
       ``(iii) cover the period of time for completing the 
     project, including a period extending beyond the period of an 
     authorization; and
       ``(iv) make timely and efficient management of the project 
     easier according to the 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 satisfactory 
     to the Secretary, that the applicant has shown reasonable 
     diligence in seeking the most favorable financing terms.
       ``(3)(A) The Secretary may make an early systems work 
     agreement with an applicant if a record of decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) has been issued on the project and the Secretary finds 
     there is reason to believe--
       ``(i) a full funding grant agreement for the project will 
     be made; and
       ``(ii) the terms of the work agreement will promote 
     ultimate completion of the project more rapidly and at less 
     cost.
       ``(B) A work agreement under this paragraph obligates an 
     amount of available budget authority specified in law and 
     shall provide for reimbursement of preliminary costs of 
     carrying out the project, including land acquisition, timely 
     procurement of system elements for which specifications are 
     decided, and other activities the Secretary decides are 
     appropriate to make efficient, long-term project management 
     easier. A work agreement shall cover the period of time the 
     Secretary considers appropriate. The period may extend beyond 
     the period of current authorization. Interest and other 
     financing costs of efficiently carrying out the work 
     agreement within a reasonable time are a cost of carrying out 
     the agreement, except that eligible costs may not be more 
     than the cost of the most favorable financing terms 
     reasonably available for the project at the time of 
     borrowing. The applicant shall certify, in a way satisfactory 
     to the Secretary, that the applicant has shown reasonable 
     diligence in seeking the most favorable financing terms. If 
     an applicant does not carry out the project for reasons 
     within the control of the applicant, the applicant shall 
     repay all Government payments made under the work agreement 
     plus reasonable interest and penalty charges the Secretary 
     establishes in the agreement.
       ``(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(d) of the Passenger Rail Investment and 
     Improvement Act of 2008, less an amount the Secretary 
     reasonably estimates is necessary for grants under this 
     section not covered by a letter. The total amount covered by 
     new letters and contingent commitments included in full 
     funding grant agreements and early systems work agreements 
     may be not more than a limitation specified in law.
       ``(f) Federal Share of Net Project Cost.--
       ``(1)(A) Based on engineering studies, studies of economic 
     feasibility, and information on the expected use of equipment 
     or facilities, the Secretary shall estimate the net project 
     cost.
       ``(B) A grant for the project shall not exceed 80 percent 
     of the project net capital cost.
       ``(C) The Secretary shall give priority in allocating 
     future obligations and contingent commitments to incur 
     obligations to grant requests seeking a lower Federal share 
     of the project net capital cost.
       ``(2) Up to an additional 20 percent of the required non-
     Federal funds may be funded from amounts appropriated to or 
     made available to a department or agency of the Federal 
     Government that are eligible to be expended for 
     transportation.
       ``(3) 50 percent of the average amounts expended by a State 
     or group of States (including the District of Columbia) for 
     capital projects to benefit intercity passenger rail service 
     and operating costs in fiscal years 2002, 2003, 2004, 2005, 
     2006, 2007, and 2008 shall be credited towards the matching 
     requirements for grants awarded in fiscal years 2009, 2010, 
     and 2011 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 
     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 capital 
     and operating expenditures made for such service in fiscal 
     years 2004, 2005, 2006, 2007, and 2008 shall be credited 
     towards the matching requirements for grants awarded under 
     this section. The Secretary may require such information as 
     necessary to verify such expenditures.
       ``(g) Undertaking Projects in Advance.--
       ``(1) The Secretary may pay the Federal share of the net 
     capital project cost to an applicant that carries out any 
     part of a project described in this section according to all 
     applicable procedures and requirements if--
       ``(A) the applicant applies for the payment;
       ``(B) the Secretary approves the payment; and

[[Page 15666]]

       ``(C) before carrying out the part of the project, the 
     Secretary approves the plans and specifications for the part 
     in the same way as other projects under this section.
       ``(2) The cost of carrying out part of a project includes 
     the amount of interest earned and payable on bonds issued by 
     the applicant to the extent proceeds of the bonds are 
     expended in carrying out the part. However, the amount of 
     interest under this paragraph may not be more than the most 
     favorable interest terms reasonably available for the project 
     at the time of borrowing. The applicant shall certify, in a 
     manner satisfactory to the Secretary, that the applicant has 
     shown reasonable diligence in seeking the most favorable 
     financial terms.
       ``(3) The Secretary shall consider changes in capital 
     project cost indices when determining the estimated cost 
     under paragraph (2) of this subsection.
       ``(h) 2-Year Availability.--Funds appropriated under this 
     section shall remain available until expended. If any amount 
     provided as a grant under this section is not obligated or 
     expended for the purposes described in subsection (a) within 
     2 years after the date on which the State received the grant, 
     such sums shall be returned to the Secretary for other 
     intercity passenger rail development projects under this 
     section at the discretion of the Secretary.
       ``(i) 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.
       ``(j) Small Capital Projects.--The Secretary shall make 
     available $10,000,000 annually from the amounts authorized 
     under section 101(d) of the Passenger Rail Investment and 
     Improvement Act of 2008 beginning in fiscal year 2009 for 
     grants for capital projects eligible under this section not 
     exceeding $2,000,000, including costs eligible under section 
     206(c) of that Act. The Secretary may wave requirements of 
     this section, including state rail plan requirements, as 
     appropriate.
       ``(k) Bicycle Access.--Grants under this chapter may be 
     used to provide bicycle access into rolling stock, and to 
     provide bicycle racks in trains.

     ``Sec. 24403. Project management oversight

       ``(a) Project Management Plan Requirements.--To receive 
     Federal financial assistance for a major capital project 
     under this chapter, an applicant must prepare and carry out a 
     project management plan approved by the Secretary of 
     Transportation. The plan shall provide for--
       ``(1) adequate recipient staff organization with well-
     defined reporting relationships, statements of functional 
     responsibilities, job descriptions, and job qualifications;
       ``(2) a budget covering the project management 
     organization, appropriate consultants, property acquisition, 
     utility relocation, systems demonstration staff, audits, and 
     miscellaneous payments the recipient may be prepared to 
     justify;
       ``(3) a construction schedule for the project;
       ``(4) a document control procedure and recordkeeping 
     system;
       ``(5) a change order procedure that includes a documented, 
     systematic approach to handling the construction change 
     orders;
       ``(6) organizational structures, management skills, and 
     staffing levels required throughout the construction phase;
       ``(7) quality control and quality assurance functions, 
     procedures, and responsibilities for construction, system 
     installation, and integration of system components;
       ``(8) material testing policies and procedures;
       ``(9) internal plan implementation and reporting 
     requirements;
       ``(10) criteria and procedures to be used for testing the 
     operational system or its major components;
       ``(11) periodic updates of the plan, especially related to 
     project budget and project schedule, financing, and ridership 
     estimates; and
       ``(12) the recipient's commitment to submit a project 
     budget and project schedule to the Secretary each month.
       ``(b) Secretarial Oversight.--
       ``(1) The Secretary may use no more than 0.5 percent of 
     amounts made available in a fiscal year for capital projects 
     under this chapter to enter into contracts to oversee the 
     construction of such projects.
       ``(2) The Secretary may use amounts available under 
     paragraph (1) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under paragraph 
     (1).
       ``(3) The Federal Government shall pay the entire cost of 
     carrying out a contract under this subsection.
       ``(c) Access to Sites and Records.--Each recipient of 
     assistance under this chapter shall provide the Secretary and 
     a contractor the Secretary chooses under subsection (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 
     chapter, the Secretary of Transportation may approve the use 
     of capital assistance under this chapter to fund self-insured 
     retention of risk for the first tier of liability insurance 
     coverage for rail passenger service associated with the 
     capital assistance grant, but the coverage may not exceed 
     $20,000,000 per occurrence or $20,000,000 in aggregate per 
     year.

     ``Sec. 24405. Grant conditions

       ``(a) Domestic Buying Preference.--
       ``(1) Requirement.--
       ``(A) In general.--In carrying out a project funded in 
     whole or in part with a grant under this 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 (A) applies only to 
     a purchase in an total amount that is not less than 
     $1,000,000.
       ``(2) Exemptions.--On application of a recipient, the 
     Secretary may exempt a recipient from the requirements of 
     this subsection if the Secretary decides that, for particular 
     articles, material, or supplies--
       ``(A) such requirements are inconsistent with the public 
     interest;
       ``(B) the cost of imposing the requirements is 
     unreasonable; or
       ``(C) the articles, material, or supplies, or the articles, 
     material, or supplies from which they are manufactured, are 
     not mined, produced, or manufactured in the United States in 
     sufficient and reasonably available commercial quantities and 
     are not of a satisfactory quality.
       ``(3) United states defined.--In this subsection, the term 
     `the United States' means the States, territories, and 
     possessions of the United States and the District of 
     Columbia.
       ``(b) Operators Deemed Rail Carriers and Employers for 
     Certain Purposes.--A person that conducts rail operations 
     over rail infrastructure constructed or improved with funding 
     provided in whole or in part in a grant made under this 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 that definition or in which that 
     definition applies, including--
       ``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
     seq.);
       ``(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
       ``(3) the Railroad Unemployment Insurance Act (45 U.S.C. 
     351 et seq.).
       ``(c) Grant Conditions.--The Secretary shall require as a 
     condition of making any grant under this 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--
       ``(A) the standards of section 24312 of this title, as such 
     section was in effect on September 1, 2003, with respect to 
     the project in the same manner that the National Railroad 
     Passenger Corporation is required to comply with those 
     standards for construction work financed under an agreement 
     made under section 24308(a) of this title; and
       ``(B) the protective arrangements established under section 
     504 of the Railroad Revitalization and Regulatory Reform Act 
     of 1976 (45 U.S.C. 836) with respect to employees affected by 
     actions taken in connection with the project to be financed 
     in whole or in part by grants under this chapter.
       ``(d) Replacement of Existing Intercity Passenger Rail 
     Service.--
       ``(1) Collective bargaining agreement for intercity 
     passenger rail projects.--Any entity providing intercity 
     passenger railroad transportation that begins operations 
     after the date of enactment of this 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

[[Page 15667]]

     provided solely by Amtrak to another entity, as of such date 
     shall enter into an agreement with the authorized bargaining 
     agent or agents for adversely affected employees of the 
     predecessor provider that--
       ``(A) gives each such qualified employee of the predecessor 
     provider priority in hiring according to the employee's 
     seniority on the predecessor provider for each position with 
     the replacing entity that is in the employee's craft or class 
     and is available within 3 years after the termination of the 
     service being replaced;
       ``(B) establishes a procedure for notifying such an 
     employee of such positions;
       ``(C) establishes a procedure for such an employee to apply 
     for such positions; and
       ``(D) establishes rates of pay, rules, and working 
     conditions.
       ``(2) Immediate replacement service.--
       ``(A) Negotiations.--If the replacement of preexisting 
     intercity rail passenger service occurs concurrent with or 
     within a reasonable time before the commencement of the 
     replacing entity's rail passenger service, the replacing 
     entity shall give written notice of its plan to replace 
     existing rail passenger service to the authorized collective 
     bargaining agent or agents for the potentially adversely 
     affected employees of the predecessor provider at least 90 
     days before the date on which it plans to commence service. 
     Within 5 days after the date of receipt of such written 
     notice, negotiations between the replacing entity and the 
     collective bargaining agent or agents for the employees of 
     the predecessor provider shall commence for the purpose of 
     reaching agreement with respect to all matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). The 
     negotiations shall continue for 30 days or until an agreement 
     is reached, whichever is sooner. If at the end of 30 days the 
     parties have not entered into an agreement with respect to 
     all such matters, the unresolved issues shall be submitted 
     for arbitration in accordance with the procedure set forth in 
     subparagraph (B).
       ``(B) Arbitration.--If an agreement has not been entered 
     into with respect to all matters set forth in subparagraphs 
     (A) through (D) of paragraph (1) as described in subparagraph 
     (A) of this paragraph, the parties shall select an 
     arbitrator. If the parties are unable to agree upon the 
     selection of such arbitrator within 5 days, either or both 
     parties shall notify the National Mediation Board, which 
     shall provide a list of seven arbitrators with experience in 
     arbitrating rail labor protection disputes. Within 5 days 
     after such notification, the parties shall alternately strike 
     names from the list until only 1 name remains, and that 
     person shall serve as the neutral arbitrator. Within 45 days 
     after selection of the arbitrator, the arbitrator shall 
     conduct a hearing on the dispute and shall render a decision 
     with respect to the unresolved issues among the matters set 
     forth in subparagraphs (A) through (D) of paragraph (1). This 
     decision shall be final, binding, and conclusive upon the 
     parties. The salary and expenses of the arbitrator shall be 
     borne equally by the parties; all other expenses shall be 
     paid by the party incurring them.
       ``(3) Service commencement.--A replacing entity under this 
     subsection shall commence service only after an agreement is 
     entered into with respect to the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1) or the 
     decision of the arbitrator has been rendered.
       ``(4) Subsequent replacement of service.--If the 
     replacement of existing rail passenger service takes place 
     within 3 years after the replacing entity commences intercity 
     passenger rail service, the replacing entity and the 
     collective bargaining agent or agents for the adversely 
     affected employees of the predecessor provider shall enter 
     into an agreement with respect to the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). If the 
     parties have not entered into an agreement with respect to 
     all such matters within 60 days after the date on which the 
     replacing entity replaces the predecessor provider, the 
     parties shall select an arbitrator using the procedures set 
     forth in paragraph (2)(B), who shall, within 20 days after 
     the commencement of the arbitration, conduct a hearing and 
     decide all unresolved issues. This decision shall be final, 
     binding, and conclusive upon the parties.
       ``(e) Inapplicability to Certain Rail Operations.--Nothing 
     in this section applies to--
       ``(1) the Alaska Railroad or its contractors; or
       ``(2) the National Railroad Passenger Corporation's access 
     rights to railroad rights of way and facilities under current 
     law.''.
       (b) Conforming Amendment.--The chapter analysis for 
     subtitle V is amended by inserting the following after the 
     item relating to chapter 243:

``244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL AS24401''.....

     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.

     ``Sec. 22501. Definitions

       ``In this chapter:
       ``(1) Private benefit.--
       ``(A) In general.--The term `private benefit'--
       ``(i) means a benefit accrued to a person or private 
     entity, other than the National Railroad Passenger 
     Corporation, that directly improves the economic and 
     competitive condition of that person or entity through 
     improved assets, cost reductions, service improvements, or 
     any other means as defined by the Secretary; and
       ``(ii) shall be determined on a project-by-project basis, 
     based upon an agreement between the parties.
       ``(B) Consultation.--The Secretary may seek the advice of 
     the States and rail carriers in further defining this term.
       ``(2) Public benefit.--
       ``(A) In general.--The term `public benefit'--
       ``(i) means a benefit accrued to the public in the form of 
     enhanced mobility of people or goods, environmental 
     protection or enhancement, congestion mitigation, enhanced 
     trade and economic development, improved air quality or land 
     use, more efficient energy use, enhanced public safety, 
     reduction of public expenditures due to improved 
     transportation efficiency or infrastructure preservation, and 
     any other positive community effects as defined by the 
     Secretary; and
       ``(ii) shall be determined on a project-by-project basis, 
     based upon an agreement between the parties.
       ``(B) Consultation.--The Secretary may seek the advice of 
     the States and rail carriers in further defining this term.
       ``(3) State.--The term `State' means any of the 50 States 
     and the District of Columbia.
       ``(4) State rail transportation authority.--The term `State 
     rail transportation authority' means the State agency or 
     official responsible under the direction of the Governor of 
     the State or a State law for preparation, maintenance, 
     coordination, and administration of the State rail plan.

     ``Sec. 22502. Authority

       ``(a) In General.--Each State may prepare and maintain a 
     State rail plan in accordance with the provisions of this 
     chapter.
       ``(b) Requirements.--For the preparation and periodic 
     revision of a State rail plan, a State shall--
       ``(1) establish or designate a State rail transportation 
     authority to prepare, maintain, coordinate, and administer 
     the plan;
       ``(2) establish or designate a State rail plan approval 
     authority to approve the plan;
       ``(3) submit the State's approved plan to the Secretary of 
     Transportation for review; and
       ``(4) revise and resubmit a State-approved plan no less 
     frequently than once every 5 years for reapproval by the 
     Secretary.

     ``Sec. 22503. Purposes

       ``(a) Purposes.--The purposes of a State rail plan are as 
     follows:
       ``(1) To set forth State policy involving freight and 
     passenger rail transportation, including commuter rail 
     operations, in the State.
       ``(2) To establish the period covered by the State rail 
     plan.
       ``(3) To present priorities and strategies to enhance rail 
     service in the State that benefits the public.
       ``(4) To serve as the basis for Federal and State rail 
     investments within the State.
       ``(b) Coordination.--A State rail plan shall be coordinated 
     with other State transportation planning goals and programs 
     and set forth rail transportation's role within the State 
     transportation system.

     ``Sec. 22504. Transparency; coordination; review

       ``(a) Preparation.--A State shall provide adequate and 
     reasonable notice and opportunity for comment and other input 
     to the public, rail carriers, commuter and transit 
     authorities operating in, or affected by rail operations 
     within the State, units of local government, and other 
     interested parties in the preparation and review of its State 
     rail plan.
       ``(b) Intergovernmental Coordination.--A State shall review 
     the freight and passenger rail service activities and 
     initiatives by regional planning agencies, regional 
     transportation authorities, and municipalities within the 
     State, or in the region in which the State is located, while 
     preparing the plan, and shall include any recommendations 
     made by such agencies, authorities, and municipalities as 
     deemed appropriate by the State.

     ``Sec. 22505. Content

       ``(a) In General.--Each State rail plan shall contain the 
     following:
       ``(1) An inventory of the existing overall rail 
     transportation system and rail services and facilities within 
     the State and an analysis of the role of rail transportation 
     within the State's surface transportation system.
       ``(2) A review of all rail lines within the State, 
     including proposed high-speed rail corridors and significant 
     rail line segments not currently in service.

[[Page 15668]]

       ``(3) A statement of the State's passenger rail service 
     objectives, including minimum service levels, for rail 
     transportation routes in the State.
       ``(4) A general analysis of rail's transportation, 
     economic, and environmental impacts in the State, including 
     congestion mitigation, trade and economic development, air 
     quality, land-use, energy-use, and community impacts.
       ``(5) A long-range rail investment program for current and 
     future freight and passenger infrastructure in the State that 
     meets the requirements of subsection (b).
       ``(6) A statement of public financing issues for rail 
     projects and service in the State, including a list of 
     current and prospective public capital and operating funding 
     resources, public subsidies, State taxation, and other 
     financial policies relating to rail infrastructure 
     development.
       ``(7) An identification of rail infrastructure issues 
     within the State that reflects consultation with all relevant 
     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, including all major 
     projects funded under section 130 of title 23.
       ``(10) A performance evaluation of passenger rail services 
     operating in the State, including possible improvements in 
     those services, and a description of strategies to achieve 
     those improvements.
       ``(11) A compilation of studies and reports on high-speed 
     rail corridor development within the State not included in a 
     previous plan under this chapter, and a plan for funding any 
     recommended development of such corridors in the State.
       ``(12) A statement that the State is in compliance with the 
     requirements of section 22102.
       ``(b) Long-Range Service and Investment Program.--
       ``(1) Program content.--A long-range rail investment 
     program included in a State rail plan under subsection (a)(5) 
     shall include the following matters:
       ``(A) A list of any rail capital projects expected to be 
     undertaken or supported in whole or in part by the State.
       ``(B) A detailed funding plan for those projects.
       ``(2) Project list content.--The list of rail capital 
     projects shall contain--
       ``(A) a description of the anticipated public and private 
     benefits of each such project; and
       ``(B) a statement of the correlation between--
       ``(i) public funding contributions for the projects; and
       ``(ii) the public benefits.
       ``(3) Considerations for project list.--In preparing the 
     list of freight and intercity passenger rail capital 
     projects, a State rail transportation authority should take 
     into consideration the following matters:
       ``(A) Contributions made by non-Federal and non-State 
     sources through user fees, matching funds, or other private 
     capital involvement.
       ``(B) Rail capacity and congestion effects.
       ``(C) Effects on highway, aviation, and maritime capacity, 
     congestion, or safety.
       ``(D) Regional balance.
       ``(E) Environmental impact.
       ``(F) Economic and employment impacts.
       ``(G) Projected ridership and other service measures for 
     passenger rail projects.

     ``Sec. 22506. Review

       ``The Secretary shall prescribe procedures for States to 
     submit State rail plans for review under this title, 
     including standardized format and data requirements. State 
     rail plans completed before the date of enactment of the 
     Passenger Rail Investment and Improvement Act of 2008 that 
     substantially meet the requirements of this chapter, as 
     determined by the Secretary, shall be deemed by the Secretary 
     to have met the requirements of this chapter.''.
       (b) Conforming Amendment.--The chapter analysis for 
     subtitle V is amended by inserting the following after the 
     item relating to chapter 223:

``225. STATE RAIL PLANS AND HIGH PRIORITY PROJECTS.........22501''.....

     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, host freight railroad companies, passenger 
     railroad equipment manufacturers, and other passenger 
     railroad operators as appropriate and interested States. The 
     purpose of the Committee shall be to design, develop 
     specifications for, and procure standardized next-generation 
     corridor equipment.
       (b) Functions.--The Committee may--
       (1) determine the number of different types of equipment 
     required, taking into account variations in operational needs 
     and corridor infrastructure;
       (2) establish a pool of equipment to be used on corridor 
     routes funded by participating States; and
       (3) subject to agreements between Amtrak and States, 
     utilize services provided by Amtrak to design, maintain and 
     remanufacture equipment.
       (c) Cooperative Agreements.--Amtrak and States 
     participating in the Committee may enter into agreements for 
     the funding, procurement, remanufacture, ownership and 
     management of corridor equipment, including equipment 
     currently owned or leased by Amtrak and next-generation 
     corridor equipment acquired as a result of the Committee's 
     actions, and may establish a corporation, which may be owned 
     or jointly owned by Amtrak, participating States or other 
     entities, to perform these functions.
       (d) Funding.--In addition to the authorization provided in 
     section 103(2) 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. RAIL COOPERATIVE RESEARCH PROGRAM.

       (a) Establishment and Content.--Chapter 249 is amended by 
     adding at the end the following:

     ``Sec. 24910. Rail cooperative research program

       ``(a) In General.--The Secretary shall establish and carry 
     out a rail cooperative research program. The program shall--
       ``(1) address, among other matters, intercity rail 
     passenger and freight rail services, including existing rail 
     passenger and freight technologies and speeds, incrementally 
     enhanced rail systems and infrastructure, and new high-speed 
     wheel-on-rail systems;
       ``(2) address ways to expand the transportation of 
     international trade traffic by rail, enhance the efficiency 
     of intermodal interchange at ports and other intermodal 
     terminals, and increase capacity and availability of rail 
     service for seasonal freight needs;
       ``(3) consider research on the interconnectedness of 
     commuter rail, passenger rail, freight rail, and other rail 
     networks; and
       ``(4) give consideration to regional concerns regarding 
     rail passenger and freight transportation, including meeting 
     research needs common to designated high-speed corridors, 
     long-distance rail services, and regional intercity rail 
     corridors, projects, and entities.
       ``(b) Content.--The program to be carried out under this 
     section shall include research designed--
       ``(1) to identify the unique aspects and attributes of rail 
     passenger and freight service;
       ``(2) to develop more accurate models for evaluating the 
     impact of rail passenger and freight service, including the 
     effects on highway and airport and airway congestion, 
     environmental quality, and energy consumption;
       ``(3) to develop a better understanding of modal choice as 
     it affects rail passenger and freight transportation, 
     including development of better models to predict 
     utilization;
       ``(4) to recommend priorities for technology demonstration 
     and development;
       ``(5) to meet additional priorities as determined by the 
     advisory board established under subsection (c), including 
     any recommendations made by the National Research Council;
       ``(6) to explore improvements in management, financing, and 
     institutional structures;
       ``(7) to address rail capacity constraints that affect 
     passenger and freight rail service through a wide variety of 
     options, ranging from operating improvements to dedicated new 
     infrastructure, taking into account the impact of such 
     options on operations;
       ``(8) to improve maintenance, operations, customer service, 
     or other aspects of intercity rail passenger and freight 
     service;
       ``(9) to recommend objective methodologies for determining 
     intercity passenger rail routes and services, including the 
     establishment of new routes, the elimination of existing 
     routes, and the contraction or expansion of services or 
     frequencies over such routes;
       ``(10) to review the impact of equipment and operational 
     safety standards on the further development of high-speed 
     passenger rail operations connected to or integrated with 
     non-high-speed freight or passenger rail operations;
       ``(11) to recommend any legislative or regulatory changes 
     necessary to foster further development and implementation of 
     high-speed passenger rail operations while ensuring the 
     safety of such operations that are connected to or integrated 
     with non-high-speed freight or passenger rail operations;
       ``(12) to review rail crossing safety improvements, 
     including improvements using new safety technology; and
       ``(13) the development and use of train horn technology, 
     including, but not limited to, broadband horns, with an 
     emphasis on reducing train horn noise and its effect on 
     communities.
       ``(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 15669]]

       ``(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.''.

     SEC. 305. PASSENGER RAIL SYSTEM COMPARISON STUDY.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall complete a study that compares the 
     passenger rail system in the United States with the passenger 
     rail systems in Canada, Germany, Great Britain, France, 
     China, Spain, and Japan.
       (b) Issues To Be Studied.--The study conducted under 
     subsection (a) shall include a country-by-country comparison 
     of--
       (1) the development of high-speed rail;
       (2) passenger rail operating costs;
       (3) the amount and payment source of rail line construction 
     and maintenance costs;
       (4) the amount and payment source of station construction 
     and maintenance costs;
       (5) passenger rail debt service costs;
       (6) passenger rail labor agreements and associated costs;
       (7) the net profit realized by the major passenger rail 
     service providers in each of the 4 most recent quarters;
       (8) the percentage of the passenger rail system's costs 
     that are paid from general government revenues; and
       (9) the method used by the government to provide the 
     subsidies described in paragraph (8).
       (c) Report.--Not later than 180 days after the completion 
     of the study under subsection (a), the Comptroller General 
     shall submit a report containing the findings of such study 
     to--
       (1) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (2) the Committee on Commerce, Science, and Transportation 
     of the Senate.

              TITLE IV--COMMUTER RAIL TRANSIT ENHANCEMENT

     SEC. 401. COMMUTER RAIL TRANSIT ENHANCEMENT.

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

            ``CHAPTER 285--COMMUTER RAIL TRANSIT ENHANCEMENT

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

     ``Sec. 28501. Definitions

       ``In this chapter--
       ``(1) the term `Board' means the Surface Transportation 
     Board;
       ``(2) the term `capital work' means maintenance, 
     restoration, reconstruction, capacity enhancement, or 
     rehabilitation work on trackage that would be treated, in 
     accordance with generally accepted accounting principles, as 
     a capital item rather than an expense;
       ``(3) the term `fixed guideway transportation' means public 
     transportation (as defined in section 5302(a)(10)) provided 
     on, by, or using a fixed guideway (as defined in section 
     5302(a)(4));
       ``(4) the term `public transportation authority' means a 
     local governmental authority (as defined in section 
     5302(a)(6)) established to provide, or make a contract 
     providing for, fixed guideway transportation;
       ``(5) the term `rail carrier' means a person, other than a 
     governmental authority, providing common carrier railroad 
     transportation for compensation subject to the jurisdiction 
     of the Board under chapter 105;
       ``(6) the term `segregated fixed guideway facility' means a 
     fixed guideway facility constructed within the railroad 
     right-of-way of a rail carrier but physically separate from 
     trackage, including relocated trackage, within the right-of-
     way used by a rail carrier for freight transportation 
     purposes; and
       ``(7) the term `trackage' means a railroad line of a rail 
     carrier, including a spur, industrial, team, switching, side, 
     yard, or station track, and a facility of a rail carrier.

     ``Sec. 28502. Surface Transportation Board mediation of 
       trackage use requests

       ``If, after a reasonable period of negotiation, a public 
     transportation authority cannot reach agreement with a rail 
     carrier to use trackage of, and have related services 
     provided by, the rail carrier for purposes of fixed guideway 
     transportation, the public transportation authority or the 
     rail carrier may apply to the Board for nonbinding mediation. 
     The Board shall conduct the nonbinding mediation in 
     accordance with the mediation process of section 1109.4 of 
     title 49, Code of Federal Regulations, as in effect on the 
     date of enactment of this section.

     ``Sec. 28503. Surface Transportation Board mediation of 
       rights-of-way use requests

       ``If, after a reasonable period of negotiation, a public 
     transportation authority cannot reach agreement with a rail 
     carrier to acquire an interest in a railroad right-of-way for 
     the construction and operation of a segregated fixed guideway 
     facility, the public transportation authority or the rail 
     carrier may apply to the Board for nonbinding mediation. The 
     Board shall conduct the nonbinding mediation in accordance 
     with the mediation process of section 1109.4 of title 49, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of this section.

     ``Sec. 28504. Applicability of other laws

       ``Nothing in this chapter shall be construed to limit a 
     rail transportation provider's right under section 28103(b) 
     to enter into contracts that allocate financial 
     responsibility for claims.

     ``Sec. 28505. Rules and regulations

       ``Not later than 180 days after the date of enactment of 
     this section, the Board shall issue such rules and 
     regulations as may be necessary to carry out this chapter.''.
       (b) Clerical Amendment.--The table of chapters of such 
     subtitle is amended by adding after the item relating to 
     chapter 283 the following:

``285. COMMUTER RAIL TRANSIT ENHANCEMENT...................28501''.....

     SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK.

       Amtrak shall engage in good faith discussions, with 
     commuter rail entities and regional and State public 
     transportation authorities operating on the same trackage 
     owned by a rail carrier as Amtrak, with respect to the 
     routing and timing of trains to most efficiently move a 
     maximal number of commuter, intercity, and regional rail 
     passengers, particularly during the peak times of commuter 
     usage at the morning and evening hours marking the start and 
     end of a typical work day, and with respect to the expansion 
     and enhancement of commuter rail and regional rail public 
     transportation service.

                        TITLE V--HIGH-SPEED RAIL

     SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM.

       (a) In General.--Chapter 261 is amended by adding at the 
     end thereof the following:

     ``Sec. 26106. High-speed rail corridor program

       ``(a) In General.--The Secretary of Transportation shall 
     establish and implement a high-speed rail corridor program.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Applicant.--The term `applicant' means a State, a 
     group of States, an Interstate Compact, a public agency 
     established by one or more States and having responsibility 
     for providing high-speed rail service, or Amtrak.
       ``(2) Corridor.--The term `corridor' means a corridor 
     designated by the Secretary pursuant to section 104(d)(2) of 
     title 23.
       ``(3) Capital project.--The term `capital project' means a 
     project or program in a State rail plan developed under 
     chapter 225 of this title for acquiring, constructing, 
     improving, or inspecting equipment, track, and track 
     structures, or a facility of use in or for the primary 
     benefit of high-speed rail service, expenses incidental to 
     the acquisition or construction (including designing, 
     engineering, location surveying, mapping, environmental 
     studies, and acquiring rights-of-way), payments for the 
     capital portions of rail trackage rights agreements, highway-
     rail grade crossing improvements related to high-speed rail 
     service, mitigating environmental impacts, communication and 
     signalization improvements, relocation assistance, acquiring 
     replacement housing sites, and acquiring, constructing, 
     relocating, and rehabilitating replacement housing.
       ``(4) High-speed rail.--The term `high-speed rail' means 
     intercity passenger rail service that is reasonably expected 
     to reach speeds of at least 110 miles per hour.
       ``(5) Intercity passenger rail service.--The term 
     `intercity passenger rail service' means transportation 
     services with the primary purpose of passenger transportation 
     between towns, cities, and metropolitan areas by rail, 
     including high-speed rail, as defined in section 24102 of 
     this title.
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(7) State.--The term `State' means any of the 50 States 
     or the District of Columbia.
       ``(c) General Authority.--The Secretary may make grants 
     under this section to an applicant to finance capital 
     projects in high-speed rail corridors.
       ``(d) Applications.--Each applicant seeking to receive a 
     grant under this section to develop a high-speed rail 
     corridor shall submit to the Secretary an application in such 
     form and in accordance with such requirements as the 
     Secretary shall establish.
       ``(e) Competitive Grant Selection and Criteria for 
     Grants.--
       ``(1) In general.--The Secretary shall--
       ``(A) establish criteria for selecting among projects that 
     meet the criteria specified in paragraph (2);

[[Page 15670]]

       ``(B) conduct a national solicitation for applications; and
       ``(C) award grants on a competitive basis.
       ``(2) Grant criteria.--The Secretary may approve a grant 
     under this section for a project only if the Secretary 
     determines that the project--
       ``(A) is part of a State rail plan developed under chapter 
     225 of this title, or under the plan required by section 302 
     of the Passenger Rail Investment and Improvement Act of 2008;
       ``(B) is based on the results of preliminary engineering;
       ``(C) has the legal, financial, and technical capacity to 
     carry out the project; and
       ``(D) is justified based on the ability of the project--
       ``(i) to generate national economic benefits, including 
     creating jobs, expanding business opportunities, and 
     impacting the gross domestic product;
       ``(ii) to increase mobility of United States citizens and 
     reduce congestion, including impacts in the State, region, 
     and Nation; and
       ``(iii) to otherwise enhance the national transportation 
     system.
       ``(3) Project selection criteria.--In selecting a project 
     under this section, the Secretary shall consider the extent 
     to which the project--
       ``(A) makes a substantial contribution to providing the 
     infrastructure and equipment required to complete a high-
     speed rail corridor;
       ``(B) leverages Federal investment by encouraging non-
     Federal financial commitments, including evidence of stable 
     and dependable financing sources to construct, maintain, and 
     operate the high-speed rail corridor and service; and
       ``(C) helps protect the environment.
       ``(f) Federal Share.--The Federal share of the cost of a 
     project financed under this section shall not exceed 80 
     percent of the project net capital cost.
       ``(g) Issuance of Regulations.--Not later than 1 year after 
     the date of enactment of this section, the Secretary shall 
     issue regulations for carrying out this section.
       ``(h) Authorization.--There are authorized to be 
     appropriated to the Secretary to carry out this section 
     $350,000,000 for each of fiscal years 2009 through 2013.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 261 is amended by adding after the item relating to 
     section 26105 the following new item:

``26106. High-speed rail corridor program.''.

     SEC. 502. ADDITIONAL HIGH-SPEED PROJECTS.

       (a) Solicitation of Proposals.--
       (1) In general.--
       (A) Northeast corridor.--Not later than 60 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall issue a request for proposals for 
     projects for the financing, design, construction, and 
     operation of an initial high-speed rail system operating 
     between Washington, DC, and New York City. Such proposals 
     shall be submitted to the Secretary not later than 150 days 
     after the publication of such request for proposals.
       (B) Other projects.--After a report is transmitted under 
     subsection (e) with respect to projects described in 
     subparagraph (A), the Secretary of Transportation may issue a 
     request for proposals for additional projects for the 
     financing, design, construction, and operation of a high-
     speed rail system operating on any other corridor in the 
     United States. Such proposals shall be submitted to the 
     Secretary not later than 150 days after the publication of 
     such request for proposals.
       (2) Contents.--A proposal submitted under paragraph (1) 
     shall include--
       (A) the names and qualifications of the persons submitting 
     the proposal;
       (B) a detailed description of the proposed route and its 
     engineering characteristics and of all infrastructure 
     improvements required to achieve the planned operating speeds 
     and trip times;
       (C) how the project would comply with Federal rail safety 
     regulations which govern the track and equipment safety 
     requirements for high-speed rail operations;
       (D) the peak and average operating speeds to be attained;
       (E) the type of equipment to be used, including any 
     technologies for--
       (i) maintaining an operating speed the Secretary determines 
     appropriate; or
       (ii) in the case of a proposal submitted under paragraph 
     (1)(A), achieving less than 2-hour express service between 
     Washington, DC, and New York City;
       (F) the locations of proposed stations, identifying, in the 
     case of a proposal submitted under paragraph (1) (A), a plan 
     allowing for station stops at or in close proximity to the 
     busiest Amtrak stations;
       (G) a detailed description of any proposed legislation 
     needed to facilitate the project;
       (H) a financing plan identifying--
       (i) sources of revenue;
       (ii) the amount of any proposed public contribution toward 
     capital costs or operations;
       (iii) ridership projections;
       (iv) the amount of private investment;
       (v) projected revenue;
       (vi) annual operating and capital costs;
       (vii) the amount of projected capital investments required 
     (both initially and in subsequent years to maintain a state 
     of good repair); and
       (viii) the sources of the private investment required, 
     including the identity of any person or entity that has made 
     or is expected to make a commitment to provide or secure 
     funding and the amount of such commitment;
       (I) a description of how the project would contribute to 
     the development of a national high-speed rail system, and an 
     intermodal plan describing how the system will connect with 
     other transportation links;
       (J) labor protections that would comply with the 
     requirements of section 504;
       (K) provisions to ensure that the proposal will be designed 
     to operate in harmony with existing and projected future 
     intercity, commuter, and freight service;
       (L) provisions for full fair market compensation for any 
     asset, property right or interest, or service acquired from, 
     owned, or held by a private person or non-Federal entity that 
     would be acquired, impaired, or diminished in value as a 
     result of a project, except as otherwise agreed to by the 
     private person or entity; and
       (M) a detailed description of the environmental impacts of 
     the project, and how any adverse impacts would be mitigated.
       (3) Documents.--Documents submitted or developed pursuant 
     to this subsection shall not be subject to section 552 of 
     title 5, United States Code.
       (b) Determination of Cost Effectiveness and Establishment 
     of Commissions.--Not later than 60 days after receipt of a 
     proposal under subsection (a), the Secretary of 
     Transportation shall--
       (1) make a determination as to whether the proposal is cost 
     effective; and
       (2) for each corridor for which one or more cost effective 
     proposals are received, establish a commission under 
     subsection (c).
       (c) Commissions.--
       (1) Members.--The commission referred to in subsection 
     (b)(2) shall consist of--
       (A) the governor of the affected State or States, or their 
     respective designees;
       (B) a rail labor representative, a representative from a 
     rail freight carrier using the relevant corridor, and a 
     commuter authority using the relevant corridor, appointed by 
     the Secretary of Transportation, in consultation with the 
     chairman and ranking minority member of the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate;
       (C) the Secretary of Transportation or his designee;
       (D) the president of Amtrak or his designee; and
       (E) the mayors of the three largest municipalities serviced 
     by the proposed high-speed rail corridor.
       (2) Chairperson and vice-chairperson selection.--The 
     Chairperson and Vice Chairperson shall be elected from among 
     members of the Commission.
       (3) Quorum and vacancy.--
       (A) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum.
       (B) Vacancy.--Any vacancy in the Commission shall not 
     affect its powers and shall be filled in the same manner in 
     which the original appointment was made.
       (d) Commission Consideration.--
       (1) In general.--Each commission established under 
     subsection (b)(2) shall be responsible for reviewing the 
     proposal or proposals with respect to which the commission 
     was established, and not later than 90 days after the 
     establishment of the commission, shall transmit to the 
     Secretary, and to the chairman and ranking minority member of 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate, a report which 
     includes--
       (A) a summary of each proposal received;
       (B) a ranking of the order of the proposals according to 
     cost effectiveness, advantages over existing services, 
     projected revenue, and cost and benefit to the public and 
     private parties;
       (C) an indication of which proposal or proposals are 
     recommended by the commission; and
       (D) an identification of any proposed legislative 
     provisions which would facilitate implementation of the 
     recommended project.
       (2) Verbal presentation.--Proposers shall be given an 
     opportunity to make a verbal presentation to the commission 
     to explain their proposals.
       (e) Selection by Secretary.--Not later than 60 days after 
     receiving a report from a commission under subsection (d)(1), 
     the Secretary of Transportation shall transmit to the 
     Congress a report that ranks all of the recommended proposals 
     according to cost effectiveness, advantages over existing 
     services, projected revenue, and cost and benefit to the 
     public and private parties.
       (f) Northeast Corridor Economic Development Study.--Not 
     later than 9 months after the date of enactment of this Act, 
     the Secretary of Transportation shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate the results of an economic 
     development study of Amtrak's Northeast Corridor service 
     between

[[Page 15671]]

     Washington, DC, and New York City. Such study shall examine 
     how to achieve maximum utilization of the Northeast Corridor 
     as a transportation asset, including--
       (1) maximizing the assets of the Northeast Corridor for 
     potential economic development purposes;
       (2) real estate improvement and financial return;
       (3) improved intercity, commuter, and freight services;
       (4) optimum utility utilization in conjunction with 
     potential separated high-speed rail passenger services; and
       (5) any other means of maximizing the economic potential of 
     the Northeast Corridor.

     SEC. 503. HIGH-SPEED RAIL STUDY.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Transportation shall conduct--
       (1) an alternatives analysis of the Secretary's December 1, 
     1998, extension of the designation of the Southeast High-
     Speed Rail Corridor as authorized under section 104(d)(2) of 
     title 23, United States Code;
       (2) a feasibility analysis regarding the expansion of the 
     South Central High-Speed Rail Corridor to the Port of 
     Houston, Texas;
       (3) a feasibility analysis regarding the expansion of the 
     South Central High-Speed Rail Corridor to Memphis, Tennessee; 
     and
       (4) a feasibility analysis regarding the expansion of the 
     South Central High-Speed Rail Corridor south of San Antonio 
     to a location in far south Texas to be chosen at the 
     discretion of the Secretary.
     These analyses shall consider changes that have occurred in 
     the region's population, anticipated patterns of population 
     growth, connectivity with other modes of transportation, 
     ability of the designation to reduce regional traffic 
     congestion, and the ability of current and proposed routings 
     to meet the needs of tourists. The Secretary shall submit 
     recommendations to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and conduct a redesignation of one or both corridors 
     if necessary.

     SEC. 504. 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, or the amendments 
     made by 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 (A) applies only to a 
     purchase in an total amount that is not less than $1,000,000.
       (2) Exemptions.--On application of a recipient, the 
     Secretary may exempt a recipient from the requirements of 
     this subsection if the Secretary decides that, for particular 
     articles, material, or supplies--
       (A) such requirements are inconsistent with the public 
     interest;
       (B) the cost of imposing the requirements is unreasonable; 
     or
       (C) the articles, material, or supplies, or the articles, 
     material, or supplies from which they are manufactured, are 
     not mined, produced, or manufactured in the United States in 
     sufficient and reasonably available commercial quantities and 
     are not of a satisfactory quality.
       (3) United states defined.--In this subsection, the term 
     ``the United States'' means the States, territories, and 
     possessions of the United States and the District of 
     Columbia.
       (b) Operators Deemed Rail Carriers and Employers for 
     Certain Purposes.--A person that conducts rail operations 
     over rail infrastructure constructed or improved with funding 
     provided in whole or in part in a grant made under this 
     title, or the amendments made by this title, shall be 
     considered a rail carrier as defined in section 10102(5) of 
     title 49, United States Code, for purposes of this title and 
     any other statute that adopts that definition or in which 
     that definition applies, including--
       (1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
     seq.);
       (2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
       (3) the Railroad Unemployment Insurance Act (45 U.S.C. 351 
     et seq.).
       (c) Grant Conditions.--The Secretary shall require as a 
     condition of making any grant under this title, or the 
     amendments made by 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 title 49, 
     United States Code; and
       (2) the applicant agrees to comply with--
       (A) the standards of section 24312 of title 49, United 
     States Code, 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 title 49, United 
     States Code; and
       (B) the protective arrangements established under section 
     504 of the Railroad Revitalization and Regulatory Reform Act 
     of 1976 (45 U.S.C. 836) with respect to employees affected by 
     actions taken in connection with the project to be financed 
     in whole or in part by grants under this chapter.
       (d) Replacement of Existing Intercity Passenger Rail 
     Service.--
       (1) Collective bargaining agreement for intercity passenger 
     rail projects.--Any entity providing intercity passenger 
     railroad transportation that begins operations after the date 
     of enactment of this Act on a project funded in whole or in 
     part by grants made under this title, or the amendments made 
     by this title, and replaces intercity rail passenger service 
     that was provided by Amtrak, unless such service was provided 
     solely by Amtrak to another entity, as of such date shall 
     enter into an agreement with the authorized bargaining agent 
     or agents for adversely affected employees of the predecessor 
     provider that--
       (A) gives each such qualified employee of the predecessor 
     provider priority in hiring according to the employee's 
     seniority on the predecessor provider for each position with 
     the replacing entity that is in the employee's craft or class 
     and is available within 3 years after the termination of the 
     service being replaced;
       (B) establishes a procedure for notifying such an employee 
     of such positions;
       (C) establishes a procedure for such an employee to apply 
     for such positions; and
       (D) establishes rates of pay, rules, and working 
     conditions.
       (2) Immediate replacement service.--
       (A) Negotiations.--If the replacement of preexisting 
     intercity rail passenger service occurs concurrent with or 
     within a reasonable time before the commencement of the 
     replacing entity's rail passenger service, the replacing 
     entity shall give written notice of its plan to replace 
     existing rail passenger service to the authorized collective 
     bargaining agent or agents for the potentially adversely 
     affected employees of the predecessor provider at least 90 
     days before the date on which it plans to commence service. 
     Within 5 days after the date of receipt of such written 
     notice, negotiations between the replacing entity and the 
     collective bargaining agent or agents for the employees of 
     the predecessor provider shall commence for the purpose of 
     reaching agreement with respect to all matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). The 
     negotiations shall continue for 30 days or until an agreement 
     is reached, whichever is sooner. If at the end of 30 days the 
     parties have not entered into an agreement with respect to 
     all such matters, the unresolved issues shall be submitted 
     for arbitration in accordance with the procedure set forth in 
     subparagraph (B).
       (B) Arbitration.--If an agreement has not been entered into 
     with respect to all matters set forth in subparagraphs (A) 
     through (D) of paragraph (1) as described in subparagraph (A) 
     of this paragraph, the parties shall select an arbitrator. If 
     the parties are unable to agree upon the selection of such 
     arbitrator within 5 days, either or both parties shall notify 
     the National Mediation Board, which shall provide a list of 
     seven arbitrators with experience in arbitrating rail labor 
     protection disputes. Within 5 days after such notification, 
     the parties shall alternately strike names from the list 
     until only 1 name remains, and that person shall serve as the 
     neutral arbitrator. Within 45 days after selection of the 
     arbitrator, the arbitrator shall conduct a hearing on the 
     dispute and shall render a decision with respect to the 
     unresolved issues among the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). This decision 
     shall be final, binding, and conclusive upon the parties. The 
     salary and expenses of the arbitrator shall be borne equally 
     by the parties; all other expenses shall be paid by the party 
     incurring them.
       (3) Service commencement.--A replacing entity under this 
     subsection shall commence service only after an agreement is 
     entered into with respect to the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1) or the 
     decision of the arbitrator has been rendered.
       (4) Subsequent replacement of service.--If the replacement 
     of existing rail passenger service takes place within 3 years 
     after the replacing entity commences intercity passenger rail 
     service, the replacing entity and the collective bargaining 
     agent or agents for the adversely affected employees of the 
     predecessor provider shall enter into an agreement with 
     respect to the matters set forth in subparagraphs (A) through 
     (D) of paragraph (1). If the parties have not entered into an 
     agreement with respect to all such matters

[[Page 15672]]

     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) the Alaska Railroad or its contractors; or
       (2) the National Railroad Passenger Corporation's access 
     rights to railroad rights of way and facilities under current 
     law.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Oberstar) and the gentleman from Florida (Mr. Mica) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Minnesota.


                             General Leave

  Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill, S. 294.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. OBERSTAR. I yield myself such time as I may consume.
  We move today on a somewhat unusual procedure to take up the Senate 
bill, S. 294, as amended, and use that vehicle to move us in going to 
conference with the other body on The Passenger Rail Investment and 
Improvement Act of 2008, the Amtrak reauthorization bill. The procedure 
we are using will allow us later today to move to go to conference with 
the Senate on their bill which is before us now, and our bill, H.R. 
6003, that passed the House by a vote of 311-104 on June 11 of this 
year.
  In that context, I just want to express again my great appreciation 
for the partnership we have had with Mr. Mica, whose constancy and, I 
should say, stirring initiative on behalf of intercity high speed 
passenger rail has been very, very, reassuring, encouraging, and is 
moving us toward that goal. And when we get this legislation enacted it 
will be more than a goal. It will become a reality.
  And toward that end, the enormous amount of the success and of the 
movement in the direction of high speed passenger rail will go to the 
gentleman from Florida for his constant effort in that direction.
  I reserve the balance of my time.
  Mr. MICA. Mr. Speaker, I yield myself such time as I might consume.
  Again, I first have to compliment Mr. Oberstar. It has been a 
pleasure to work with him on this initiative. This is actually very 
historic in nature. The House of Representatives and the Congress has 
not passed an Amtrak reauthorization since 1997. That is 11 years.
  One of the first things, when Mr. Oberstar and I met, when we took 
over the committee, I on the Republican side, he as the Chair of the 
committee for the new majority, we set some goals aside. One was to 
pass a WRDA bill, water resources, so our Nation would have water 
resources. We hadn't passed a bill in 7 years. And the last bill we 
passed was about a four or $5 billion authorization. We passed one for 
almost $24 billion, the first one, in, again, a long, long time.
  We committed to try to reauthorize and authorize Amtrak, our national 
passenger rail service. And we have worked together. I have to 
compliment my colleague, Ms. Brown, who chairs the Rail Subcommittee, 
and also I want to thank the Republican side of the aisle, Mr. Shuster, 
the gentleman from Pennsylvania, who also rolled up his sleeves and 
worked diligently, and for that we were able to pass, by a very wide 
margin in the United States House, about a month ago, I think it was 
311 votes, a very wide margin, Amtrak reauthorization.
  Now we have an opportunity to take to conference, the other body, the 
Senate has passed legislation. What we are doing today is taking the 
Senate bill and we are adding the language from the House because we 
want to negotiate a bill that can become law and make the changes that 
the House voted on a month ago, and that we will get a chance to vote 
on again today.
  It is my hope that many of the highlights and provisions of the House 
Amtrak reauthorization will be included in the final conference report, 
and that will be the measure that both the House and Senate vote on 
individually, and hopefully we can get the President to sign into law.
  But the conference process also gives us a chance to make further 
improvements, even on what the other body passed and what we passed 
about a month ago, as I said, because it is important that we make good 
Amtrak reforms. And some things we have learned even since we passed 
legislation in the House.
  We want to open the door to more competition. And in a time when we 
are struggling to find positive solutions to address the energy crisis 
that our Nation is facing, it is important that we look at 
transportation alternatives that are cost effective and that can 
improve passenger rail service, just not in one area, but across the 
whole country that we have responsibility for.
  So the bill that we have before us, S. 294, will be amended, and it 
will have the text of the House bill that we passed, again, a month 
ago. But one of the most important provisions is something, again, that 
I have insisted on trying to do, and that is to drag the United States, 
kicking and screaming, into the 21st century of high speed rail.
  In the proposal that I crafted in the bill, and with the help of Mr. 
Oberstar, Ms. Brown, and Mr. Shuster, what we have is a simple 
provision. And it says that the Department of Transportation can take 
proposals from the private sector to develop, to finance, to construct 
and to operate high speed rail service.
  We do have a caveat that we want high speed rail service from 
Washington to New York in 2 hours, and we want stops along the way to 
service areas. Now, some folks say, well, we have Acela. Yes, we do 
have Acela, and Acela's come a long way, and had some difficulty in its 
implementation. But I am not going to go there. I don't want to talk 
about the past. I want to talk about the future.
  And the future is, stop and think about this. Going just a few blocks 
from here, from Union Station to New York City, Center City to downtown 
Manhattan in less than 2 hours, with stops along the way. Now, think of 
how that would revolutionize travel in the Northeast Corridor and in 
the United States.
  Why start there? Because that is the only corridor that Amtrak owns. 
Amtrak runs over 22,000 miles of rail track, but that 22,000 miles of 
rail track, with the exception of a little over 700 miles, is all on 
private freight rail. The only thing that Amtrak owns as far as right-
of-way, the primary piece of real estate it owns, and one of the most 
valuable real estate assets in the world, if not the United States, is 
the Northeast Corridor. And that Northeast Corridor, right now the way 
it is constructed, with commuter service, freight service and Acela 
service, doesn't operate very well.
  So what we are asking is the private sector to come in, give us the 
ideas on how we can have high speed rail. Give us the ideas.
  Now, I always say, folks, that we are sitting on our assets; the 
Federal government is sitting on our assets. And that Northeast 
Corridor is a great public asset that we all have interest in, the 
taxpayers out there have interest in. So we can take that asset and we 
can maximize its utilization, both as a utility corridor, as a high 
speed rail corridor, as a better commuter service corridor and as a 
better freight service corridor. So we take that and we get a better 
return. We develop it so that we have jobs, we have construction, we 
have service between here and New York in less than 2 hours. Think 
about that.
  Instead of going out to National Airport or to Dulles, waiting for an 
hour and then on the other end trying to commute back in. Think of the 
people that we take off of the road. Think of the change in the pattern 
of travel in the Northeast Corridor. And I can tell you, even with next 
generation air traffic control technology, this is the

[[Page 15673]]

most important thing that will impact aviation congestion in our 
country, because 78 percent of all of the delays in our entire national 
air space system and in aviation in this country ripple from New York 
City's air space.

                              {time}  1600

  It's congested air space out to the rest of the country. When you 
can't get into New York or out of New York, the rest of the system goes 
down, and there is nothing, even next-generation air traffic control 
that can make planes fly that much closer, to solve this problem.
  What we're going to have to do is go to a different system, and that 
system is high-speed rail. And I would like for Amtrak to do it by 
themselves, but they are running long-distance service, and they are 
running other services. And we think that it's our last hope to have 
the private sector come in, which Amtrak would have them do anyways, 
and give us proposals as to how we can maximize the utilization, 
separate the traffic, and get true high-speed service in that order.
  So that's the proposal. As I said, Amtrak now chugs along at 83 miles 
an hour. It's almost embarrassing to call that high-speed rail. That's 
Acela, not the other service. It's 83 miles an hour. In the rest of the 
world, Europe and Asia, high-speed is defined as between 120 and 150 
miles an hour on average. So we can do the same thing. There is no 
reason why the United States cannot do the same thing to maximize the 
developmental potential of the Northeast corridor, the most densely 
populated and valuable corridor in the Nation.
  So I think, again, working with Mr. Oberstar, Ms. Brown, Mr. Shuster, 
we have a plan, we have a vision. We want the other body to go along 
with us. We think this is the way to go by substituting our bill this 
afternoon, and hopefully we can go to conference. Hopefully, we can go 
back to the American people and say we've done something that will 
impact energy, impact transportation, not just rail. Also, remember 
what I just said about aviation capacity in the United States, and we 
can do it all in this package.
  This isn't an impossible dream. This is doable.
  So I ask again that we give full consideration. I give full support, 
am pleased to join Mr. Oberstar in that effort as we change out the 
Senate bill 294, insert our legislation, and work with the other body 
again in bringing long-distance, high-speed, better passenger service 
rail service in not just the Northeast Corridor but with the reforms 
we've advocated for Amtrak for the whole Nation. We can do it. We must 
do it. And I look forward to doing it with Mr. Oberstar.
  I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I yield such time as she may consume to 
the Chair of the Rail Subcommittee, the gentlewoman from Florida (Ms. 
Corrine Brown), who has been such a strong, consistent, and unrelenting 
advocate for Amtrak and conducted over the last few years a Harry 
Truman-style campaign from the seat of an Amtrak passenger rail vehicle 
advocating for the moment we visit today.
  Ms. CORRINE BROWN of Florida. I want to thank Chairman Oberstar for 
his leadership on this bill and on all transportation issues.
  Mr. Oberstar is really a transportation guru. And to listen to Mr. 
Mica here today arguing for high speed rail--no, not arguing--debating, 
supporting, oh, we've come a long way in this country as far as the 
reauthorization of Amtrak. And this is an exciting day for the American 
people.
  With gas prices rapidly rising to $5 a gallon, we could not be moving 
in conference on a more important bill than Amtrak reauthorization. I'm 
excited for the American people and the prospect of having more 
transportation options than getting in your cars and driving.
  This weekend, I sent my mom to our family reunion, to Lakeland, 
Florida on Amtrak. Her trip was a perfect example of why we need to 
expand services, add, boost, and provide additional passenger and 
vehicle cars. The train she was riding on was so busy that people were 
actually sleeping on the floors of the train.
  Amtrak's improvements on its physical state and recent focus on 
customer service, along with increasing highway and airport congestion 
and rising gas prices, have made interest in passenger rail more 
popular and necessary than ever. More than just a convenient way to 
travel, Amtrak is also energy efficient. Rail travel is more energy 
efficient and uses less fuel than cars or airplanes. According to the 
U.S. Department of Energy data, Amtrak is 17 percent more efficient 
than domestic airline travel and 21 percent more efficient than 
automobile travel.
  Passenger rail also reduces global warming. The average passenger 
rail train produces 60 percent lower carbon emissions than cars and 50 
percent less than airplanes.
  In the fiscal year 2007, Amtrak carried more than 25.8 million 
passengers, the fifth straight year of record ridership. Like its 
ridership gains, Amtrak's fiscal performance has improved as well, 
posting $1.5 billion in ticket revenue. A gain of 10 percent.
  On May 10, Amtrak celebrated National Train Day by holding events 
throughout the country showcasing interests in the passenger rail and 
its importance to the Nation. I celebrated National Train Day by 
holding events throughout my district, including press conferences and 
events in Jacksonville, Winter Park, and at the Sanford Auto Train 
station. Every event had a great turnout showing strong support for 
Amtrak, and I got to hear firsthand accounts of people who use Amtrak 
every day to go to work, visit friends and families all over the 
country.
  Congress also showed strong support for Amtrak and passenger rail by 
passing legislation supporting Amtrak Train Day by a vote of 415-0.
  Fifty years ago, President Eisenhower created the National Highway 
System which changed the way we travel in this country. Today, we need 
to do the same thing with passenger rail and make the level of 
investment necessary for it to become even more successful in the 
future.
  I was in New Orleans this weekend with Speaker  Nancy Pelosi, and at 
a press conference the Speaker stated the importance of investing in 
rail infrastructure. She stated that it is not only important to offer 
alternatives to highway travel, but is critical for transporting 
citizens out of harm's way during national disasters.
  The United States used to be the best passenger rail service in the 
world. Now we are the caboose, and they don't even use cabooses any 
more. The American people deserve better. I believe this Amtrak 
Reauthorization will go a long way to restore the U.S. to its rightful 
place as a world leader in passenger rail. Going to conference with the 
Senate is the next major step in bringing our Nation's intercity 
passenger rail into the 21st century.
  I encourage all of my colleagues to support this suspension bill 
which will allow the House and Senate to go to conference on Amtrak.
  Mr. OBERSTAR. Madam Speaker, I yield for unanimous consent to the 
gentlewoman from New York (Mrs. Maloney).
  Mrs. MALONEY of New York. Madam Speaker, I rise in strong support of 
S. 294, high speed rail, incredibly important in Amtrak.
  Madam Speaker, I rise in support of S. 294, the Passenger Rail 
Investment and Improvement Act. As a New Yorker, I strongly support 
making travel easier, safer, and more affordable for my constituents 
and for all Americans who choose this method of travel. This bill 
mandates that preference be given to rail projects that have high 
levels of projected ridership and punctuality which will include the 
development of a high speed rail project between Washington and New 
York City. S. 294 serves to improve not only the quality of service on 
the most popular rail line in the country, but also will increase the 
availability and accessibility of mass transit to individuals. In this 
era of skyrocketing energy costs and global warming, encouraging the 
development of efficient mass transit options is very important to 
improve our economy and protect our environment.
  As a frequent Amtrak user, I know how important it is for rail 
service in the Northeast Corridor to be in a constant state of ``good 
repair.'' I am sure that thousands of my fellow passengers, men and 
women traveling for

[[Page 15674]]

business or personal reasons on this popular railway also will 
appreciate this requirement.
  Mr. OBERSTAR. Madam Speaker, we have no further speakers on our side. 
We're prepared to close after the gentleman from Florida has concluded 
on his side.
  Mr. MICA. Madam Speaker, I do have two additional speakers. One is 
the distinguished gentleman from Ohio (Mr. LaTourette), the former 
chairman of the Rail Subcommittee and now the ranking Republican of the 
Coast Guard Committee, for as much time as he may consume.
  Mr. LaTOURETTE. I thank the gentleman for yielding.
  And I want to add my congratulations to Mr. Oberstar and Mr. Mica as 
the leaders of our full committee and Ms. Brown and Mr. Shuster, the 
leaders of the subcommittee, for getting to this point.
  And I won't rehash all of the good things about this bill that have 
already been mentioned, but I want to highlight two things. One is 
thanks to some good work by Mr. Kummant who is now the head of Amtrak. 
We had a number of labor organizations who were operating without 
contracts for 8 years. And now those contracts have been tentatively 
settled, and Mr. Kummant is working hard, together with authorizations 
contained in this bill, money set aside, and perhaps appropriations for 
the Congress to implement those agreements, and clearly that's a good 
step forward, not only for the travelling public but for Amtrak and for 
people who work on the airlines.
  And the second thing I want to highlight is sort of the hidden 
treasure of this bill, and that is the $350 million a year each year 
for 5 years. Again, the brainstorm of the chairman, Mr. Oberstar, to 
implement high-speed intercity rail transportation in this country.
  And I thought that it's more than symbolic that the fellow who was 
Speaker pro tem for most of the session this morning, Mr. Jackson of 
Chicago, should be replaced by Mrs. Tubbs Jones of Cleveland. And 
wouldn't it be wonderful to have a high-speed corridor go from Chicago, 
Illinois, to Cleveland, Ohio, and give people who are choking on the 
high cost of gasoline who don't want to fly that short distance to have 
the opportunity to go 120, 130, 150 miles an hour between Chicago and 
Cleveland. And that's the vision that Mr. Mica has talked about, and 
that's the vision that Mr. Oberstar has implemented in this bill.
  It's a good piece of legislation, and it is really going to put the 
United States on the right track, as it were, and I'm grateful for all 
of your hard work.
  Mr. MICA. Madam Speaker, I would like to yield for as much time as he 
may consume to the gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. I thank the gentleman for yielding again. Mr. Oberstar, 
thank you, and, Mr. Mica, thank you for working together.
  When we see energy prices going through the ceiling, it is logical we 
would think in much different ways than we have in the past. Obviously, 
we want conservation. We want to see that our minivans, SUVs, cars, and 
trucks get better mileage. We want to see alternative forms of energy: 
wind, solar, geothermal. We want to see more efficiencies in electric 
generation, and we want to see greater production and more increase in 
supply.
  I happen to think we need to be drilling off our coasts, much like 
Canada does, and supply natural gas for the New England area from its 
off-the-coast drilling off of Canada. But we also need public 
transportation.
  We need high-speed transportation. It is a mystery to me how Amtrak 
could have built a high speed, a faster train that doesn't work 
properly. The Acela can't be used for what it was intended to be used 
for. It doesn't go faster because it can't tilt. It's three inches too 
wide. That speaks, I think, to Mr. Mica and others who suggest that we 
need to bring the private sector in to assist Amtrak.
  More money for Amtrak makes sense. More public transportation for the 
American people makes sense. High-speed trains are long overdue. And I 
thank my colleagues for their efforts.
  Mr. MICA. If I may, I would yield myself the balance of the time on 
our side.
  In closing, let me address a couple of comments that have been made. 
First, Ms. Brown was surprised to hear me speaking in favor of Amtrak 
reauthorization. And probably there are some people turning over in 
their graves that have since gone on to their higher rewards hearing me 
speak about that. But I have long been an advocate of public transit, 
transit alternatives, high-speed rail.
  What I am not an advocate of is not good stewardship of the money 
that the hardworking Americans send to us. And people must realize we 
subsidize right now Amtrak to the tune of every single ticket sold to 
the tune of $50.12. Just take the number of passengers last year and 
divide it by the $1.2 billion given by Congress. So we've got to find a 
way to cut down that subsidization. We've got to find a way to actually 
get the most cost-effective transportation and make it available.

                              {time}  1615

  So it's not sometimes how much money we spend. It's how we spend it.
  The reason I support this bill is because it has long-overdue reforms 
in it. Some of them deal with accounting and finance that Members don't 
want to hear about right now and mundane things. They may be mundane, 
but it will let us know what the bottom line is.
  I come from a business background. I'm not an attorney. I want to 
know what the bottom line is, the cost, and we'll be able to determine 
the sum of Amtrak's finances, which we haven't been able to determine 
the costs in the past. We will be able to cut down that subsidization.
  We will be able to bring in the private sector. Heaven forbid we 
should have some of these routes--we can't tell how much they're 
costing us now exactly, and some routes, I hate to tell you exactly, 
some tickets are being underwritten as much as $300 per ticket 
according to the Government Accountability Office.
  But that being said, how do we get the subsidization down and the 
relief for the taxpayers? And that's through some competition. This 
bill does provide, and the other body's also provided, for bringing in 
some competition. Let's see if it can be done for less, for a lower 
subsidy and cost effectively because we do want to provide 
transportation.
  If you think people want transportation now, when we get through with 
this aviation crisis this year, they have already dropped 100 airports 
across the country or will drop by the end of the year in service 
because of high fuel costs. There will be an even greater demand for 
passenger rail service.
  So we look at how we can do it most cost effectively. That should be 
the name of the game here, again, with these hardworking folks sending 
us their cash to expend it.
  And this will never happen, even with the authorization. This 
authorization is a 5-year authorization, I believe in the neighborhood 
of $14 billion, give or take a billion here or there today, but $14 
billion. Just do the math. If we're going from a $1.2 billion to a $1.9 
billion subsidy and have $6 billion in backlog, plus they have debt, 
you can't make the kind of substantial improvements, say, for high-
speed service that will cost billions of dollars. Only the private 
sector, in partnership with the Federal Government and again the State 
partners and others, can make that happen.
  So that's the vision we have for making that happen, for putting in 
place the reforms that we need in Amtrak as far as its finances and 
getting better operations.
  Let me also tell you an interesting thing I learned today. I never 
knew this. Today I was told that by authorizing this legislation for 
the first time in 11 years, listen to this, we will actually, by having 
authorization, the bond markets and finance markets will lower the 
amount that we have to pay, that the taxpayer has to pay, for the bonds 
and for the indebtedness that we already have for Amtrak. So we win 
again. Taxpayers will win again. We will have to pay less. We're paying 
about $300 million a year, I think, on

[[Page 15675]]

bonded indebtedness in Amtrak, if my numbers are correct. So we win 
again with this reauthorization, those that are fiscal hawks like 
myself.
  Finally, labor, how did somebody like a conservative Member from 
Florida sell this to some people in labor, and I said, When I came to 
Congress 16 years ago there were 28,000 people working for Amtrak. 
Today, there are 19,000 and the number is going down. Mr. LaTourette 
just talked about labor fighting with the Amtrak board to get their 
salary and wages when their brothers and sisters in the unions that 
represented the freight railroads were getting higher pay, better 
working conditions, better benefits, and settling with the private 
sector. They got it all.
  So we can do that for people with the proposal that we have here, and 
we have the hope for more employment, a better transportation system, 
with benefits to the public and taking our asset, that asset that we're 
sitting on, the Northeast Corridor, and expanding it, making it 
something positive by any stretch of the imagination.
  So with those couple of comments, Madam Speaker, I look forward to 
seeing high-speed rail because this will be a model, if we succeed in 
the Northeast Corridor, also for Speaker pro tem Tubbs Jones' 
communities that she serves, we can have a model, not just in the 
Northeast Corridor that Amtrak owns, but for communities throughout the 
Nation where it makes sense.
  I yield back the balance of my time.
  Mr. OBERSTAR. I yield myself the balance of our time, and in the 
interest of bringing this matter to resolution so that we can very 
quickly yet this afternoon move to go to conference with the Senate and 
appoint conferees, I will suspend my 1-hour speech on behalf of Amtrak 
and simply express, again, my appreciation to the gentlewoman from 
Florida (Ms. Brown) for her evangelization of Amtrak, and to the 
gentleman from Florida (Mr. Mica) for his thorough discourse on the 
subject of Amtrak.
  Suffice it to say, 52 years ago, I traveled to Europe for a graduate 
study program, traveled from Minneapolis to Chicago on the Milwaukee 
400, 400 miles in 400 minutes. You can't fly there in 400 minutes 
today. In Europe, I traveled from Paris to Brussels in 6 hours by 
train. Today, that's an 80-minute trip. If we can close the gap between 
Minneapolis and Chicago to 80 minutes, from Chicago to Cleveland in 2 
hours or so, and New York to Washington, in the vision of the gentleman 
from Florida, in under 2 hours, then we will have accomplished 
something truly significant for today, for today's generation, for 
future generations.
  And we will do that when we get to the conference on this bill and we 
will produce a meaningful and lasting benefit for America.
  Mrs. JONES of Ohio. Madam Speaker, restoring passenger rail service 
to one of the most densely-populated urban corridors in Ohio--
Cleveland-Columbus-Cincinnati--is an idea beyond overdue at the 
station. This corridor is at the heart of a potentially vibrant 
passenger rail system in Ohio, a fact borne out by a number of studies 
dating back as far as the 1980's.
  Public demand is growing for transportation choices in Ohio. 
Significant anecdotal evidence around the United States suggests that 
even basic passenger rail service such as this would draw heavy 
ridership and grow the demand for more service.
  Today, the reality of ever-higher gasoline prices and their impact on 
the everyday mobility of our fellow Ohioans and on Ohio's economy makes 
the restoration of rail passenger service in Ohio a critical 
transportation need.
  We are hearing from our constituents increasingly that ``pain at the 
pump'' leaves them few or only expensive options to travel on business, 
and to access everything from education to jobs to medical care.
  Since January of 2007 alone, the average price of unleaded gas in 
Cleveland has gone up 72 percent. In some cases, Ohioans are seeing 
more and more of their incomes going to feed their car and cutting into 
other life necessities.
  A recent study by the Ohio Rail Association discussed the economic 
impact that high-speed rail would have on Ohio and the surrounding 
region. Here are just a few of the benefits of high-speed rail in Ohio: 
A seven corridor high-speed rail system in Ohio would save $9.4 million 
in fuel per year; there would be approximately 1.1 million annual 
riders just out of Cleveland alone by 2025; and it would provide 16,700 
permanent jobs as well as 6,100 temporary jobs to build the rail 
system.
  I strongly urge my colleagues to vote for the passage of this bill to 
move Amtrak forward with high-speed rail.
  Mr. HOLT. Madam Speaker, I rise today in support of S. 294, the 
Passenger Rail Investment and Improvement Act of 2008, legislation that 
would authorize $14.9 billion in funding for Amtrak over the next 5 
years.
  Rail service has integrated small communities with large cities 
across the country providing opportunity for economic expansion, 
increased mobility, and environmentally sound transit. Since Amtrak was 
founded in 1971, our country has benefited from organized, reliable and 
safe service to individuals commuting to and from work and individuals 
using rail service for extended travel. Amtrak also serves as an 
essential component of easing traffic congestion, reducing wear and 
tear on roads, protecting our environment and preserving open space 
across the country. With the skyrocketing costs of airline flights and 
gas prices at over $4 a gallon, individuals are relying more and more 
on rail service.
  It is no exaggeration to say that rail service is the lifeline from 
which New Jersey's state economy draws nourishment. Our region's 
employers--small, medium, and large--depend upon an integrated rail 
operation to enable many of their employees to get to and from work. 
Clients, potential clients, and business partners use the train to come 
to New Jersey. Our local entrepreneurs use Amtrak to pitch their ideas 
and sell their products outside of our home state.
  It is thus of critical importance that we provide Amtrak with the 
funding it needs to support its growing ridership, both in New Jersey 
and throughout the country. For the last 12 years, Amtrak has been 
suffering from a lack of federal support and for the last 6 years it 
has been operating without Congressional authorization. In order to 
keep from going out of business, Amtrak was forced to delay crucial 
repairs and security improvements, freeze the salaries of its 
employees, renege on employee pensions and go billions of dollars into 
debt. The legislation before us today would authorize the funding 
necessary to improve Amtrak's operations throughout the country and 
bring our country's rail service into the 21st Century.
  S. 294 authorizes $14.9 billion for Amtrak over the next 5 years, 
$4.2 billion of which would be used for capital grants to help Amtrak 
afford to make necessary repairs and upgrades to the Northeast 
Corridor. It would also allow Amtrak to procure new rolling stock, 
rehabilitate existing bridges, as well as make additional capital 
improvements and maintenance over its entire network.
  As a regular Amtrak rider, I appreciate the professionalism and 
service that customers enjoy every day. Amtrak's hard working 
employees, including the over 1,300 employed in New Jersey, have 
continued to provide high quality service despite Amtrak's payroll 
freezes and pension problems. The Passenger Rail Investment and 
Improvement Act would provide Amtrak with $3 billion in operating 
grants, which would help Amtrak make good on its promises to these 
employees. A portion of these funds would be used to pay employees 
salaries, health costs, and overtime pay. It would also help Amtrak pay 
for increasing fuel costs, facilities, maintenance and train 
operations.
  This legislation would also create a new Capital Grant program to 
provide grants for States for intercity passenger rail capital 
projects. In New Jersey the demand for public transportation has 
increased dramatically, with NJ Transit providing 900,000 trips per 
weekday on its trains, buses and light-rail vehicles. S. 294 would 
authorize over $2.5 billion in grants to states over the next 5 years 
to help organizations like NJ Transit pay for the capital costs of 
facilities and the equipment necessary to provide new or improved 
intercity passenger rail.
  I am pleased that S. 294 includes language I wrote with 
Representative Murphy that would require Amtrak to study the 
feasibility of increasing passenger rail service between Princeton 
Junction, NJ, and Philadelphia, PA. The Princeton Junction station has 
seen a 90 percent decrease in Amtrak ridership since 2004 due to 
reductions in Amtrak service at the Princeton Junction Station. While 
NJ Transit was able to step in to fill the service void to New York 
City, commuters to Philadelphia no longer have access to direct. The 
demand for public transportation will continue to increase, and it is 
essential that we ensure that we are using existing transportation 
resources efficiently to meet this demand. This study would require 
Amtrak to ensure that they are using this station effectively.
  The Passenger Rail Investment Reauthorization Act would also provide 
$1.7 billion over the next 5 years to help Amtrak pay off the

[[Page 15676]]

debt it incurred when Congress drastically cut its funding in 2000 and 
2001. Amtrak has aggressively targeted this debt, paying down $600 
million from 2002 through 2007. This bill would help Amtrak take 
further steps to reduce its debt, and allow Amtrak to focus its 
resources on improving existing services and making additional capital 
and operational improvements.
  S. 294 would bring American passenger rail into the 21st century, 
authorizing $1.7 billion for the construction of eleven high-speed rail 
networks spanning the entire Nation, the first of which would be a 
high-speed rail corridor between Washington, D.C. and New York City. 
Countries like France, England and Japan have greatly improved the 
experience of commuters through the utilization of high speed 
corridors. This would lead to more efficient public transportation and 
help the more than 1.5 million New Jerseyans who use Amtrak spend less 
time commuting and more time at home with their families.
  Supporting public transportation especially passenger rail, should be 
a crucial element of our national effort to slow the rate of global 
climate change and reduce our dependence on foreign fuels. Passenger 
rail consumes 21 percent less energy per passenger mile than 
automobiles and 17 percent less than airplanes. It releases half the 
amount of greenhouse gases per passenger mile as either air or car 
travel. The continued operation of Amtrak is an essential component of 
easing traffic congestion, reducing wear and tear on roads, protecting 
our environment and preserving open space in New Jersey and across the 
country.
  Rail service is a fundamental component of our Nation's continually 
growing transportation system, and Amtrak has demonstrated the capacity 
of integrated rail service to expand economic opportunity, commuter 
options, and make vital contributions to the fabric of our communities. 
I urge my colleagues to support S. 294.
  Mr. OBERSTAR. I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Jones of Ohio). The question is on the 
motion offered by the gentleman from Minnesota (Mr. Oberstar) that the 
House suspend the rules and pass the Senate bill, S. 294, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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