[Congressional Record (Bound Edition), Volume 154 (2008), Part 15]
[House]
[Pages 21054-21095]
[From the U.S. Government Publishing Office, www.gpo.gov]




PROVIDING FOR AGREEMENT BY HOUSE WITH AMENDMENT TO SENATE AMENDMENT TO 
             H.R. 2095, RAIL SAFETY IMPROVEMENT ACT OF 2008

  Mr. OBERSTAR. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 1492) providing for agreement by the House of 
Representatives to the Senate amendment to the bill, H.R. 2095, with an 
amendment.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 1492

       Resolved, That upon the adoption of this resolution the 
     bill (H.R. 2095) entitled ``An Act to amend title 49, United 
     States Code, to prevent railroad fatalities, injuries, and 
     hazardous materials releases, to authorize the Federal 
     Railroad Safety Administration, and for other purposes.'', 
     with the Senate amendment thereto, shall be considered to 
     have been taken from the Speaker's table to the end that the 
     Senate amendment thereto be, and the same are hereby, agreed 
     to with the following amendment: Strike all after the 
     enacting clause and insert the following:

                        DIVISION A--RAIL SAFETY

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 
                   49.

       (a) Short Title.--This division may be cited as the ``Rail 
     Safety Improvement Act of 2008''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents; amendment of title 49.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.

                 TITLE I--RAILROAD SAFETY IMPROVEMENTS

Sec. 101. Federal Railroad Administration officers and duties.
Sec. 102. Railroad safety strategy.
Sec. 103. Railroad safety risk reduction program.
Sec. 104. Implementation of positive train control.
Sec. 105. Railroad safety technology grants.
Sec. 106. Reports on statutory mandates and recommendations.
Sec. 107. Rulemaking process.
Sec. 108. Hours-of-service reform.
Sec. 109. Protection of railroad safety risk analyses information.
Sec. 110. Pilot projects.

    TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND 
                         TRESPASSER PREVENTION

Sec. 201. Pedestrian crossing safety.
Sec. 202. State action plans.
Sec. 203. Improvements to sight distance at highway-rail grade 
              crossings.
Sec. 204. National crossing inventory.
Sec. 205. Telephone number to report grade crossing problems.
Sec. 206. Operation Lifesaver.
Sec. 207. Federal grants to States for highway-rail grade crossing 
              safety.
Sec. 208. Trespasser prevention and highway-rail grade crossing safety.
Sec. 209. Accident and incident reporting.
Sec. 210. Fostering introduction of new technology to improve safety at 
              highway-rail grade crossings.

               TITLE III--FEDERAL RAILROAD ADMINISTRATION

Sec. 301. Human capital increases.
Sec. 302. Civil penalty increases.
Sec. 303. Enforcement report.
Sec. 304. Expansion of emergency order authority.
Sec. 305. Prohibition of individuals from performing safety-sensitive 
              functions for a violation of hazardous materials 
              transportation law.
Sec. 306. Railroad radio monitoring authority.
Sec. 307. Update of Federal Railroad Administration's website.
Sec. 308. Emergency waivers.
Sec. 309. Enforcement by the Attorney General.
Sec. 310. Criminal penalties.

                 TITLE IV--RAILROAD SAFETY ENHANCEMENTS

Sec. 401. Minimum training standards and plans.
Sec. 402. Certification of certain crafts or classes of employees.
Sec. 403. Track inspection time study.
Sec. 404. Study of methods to improve or correct station platform gaps.
Sec. 405. Locomotive cab studies.
Sec. 406. Development and use of rail safety technology.
Sec. 407. Unified treatment of families of railroad carriers.
Sec. 408. Study of repeal of Conrail provision.
Sec. 409. Limitations on non-Federal alcohol and drug testing by 
              railroad carriers.
Sec. 410. Critical incident stress plan.
Sec. 411. Railroad carrier employee exposure to radiation study.
Sec. 412. Alcohol and controlled substance testing for maintenance-of-
              way employees.
Sec. 413. Emergency escape breathing apparatus.
Sec. 414. Tunnel information.
Sec. 415. Museum locomotive study.
Sec. 416. Safety inspections in Mexico.
Sec. 417. Railroad bridge safety assurance.
Sec. 418. Railroad safety infrastructure improvement grants.
Sec. 419. Prompt medical attention.
Sec. 420. Employee sleeping quarters.

           TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Sec. 501. Assistance by National Transportation Safety Board to 
              families of passengers involved in rail passenger 
              accidents.
Sec. 502. Rail passenger carrier plan to assist families of passengers 
              involved in rail passenger accidents.
Sec. 503. Establishment of task force.

   TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
                               FACILITIES

Sec. 601. Short title.
Sec. 602. Clarification of general jurisdiction over solid waste 
              transfer facilities.
Sec. 603. Regulation of solid waste rail transfer facilities.
Sec. 604. Solid waste rail transfer facility land-use exemption 
              authority.
Sec. 605. Effect on other statutes and authorities.

                    TITLE VII--TECHNICAL CORRECTIONS

Sec. 701. Technical corrections.
       (c) Amendment of Title 49.--Except as otherwise expressly 
     provided, whenever in this division an amendment or repeal is 
     expressed in terms of an amendment to, or a repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of title 49, 
     United States Code.

     SEC. 2. DEFINITIONS.

       (a) In General.--In this division:
       (1) Crossing.--The term ``crossing'' means a location 
     within a State, other than a location where one or more 
     railroad tracks cross one or more railroad tracks at grade 
     where--
       (A) a public highway, road, or street, or a private 
     roadway, including associated sidewalks and pathways, crosses 
     one or more railroad tracks either at grade or grade-
     separated; or
       (B) a pathway explicitly authorized by a public authority 
     or a railroad carrier that is dedicated for the use of 
     nonvehicular traffic, including pedestrians, bicyclists, and 
     others, that is not associated with a public highway, road, 
     or street, or a private roadway, crosses one or more railroad 
     tracks either at grade or grade-separated.
       (2) Department.--The term ``Department'' means the 
     Department of Transportation.
       (3) Railroad.--The term ``railroad'' has the meaning given 
     that term by section 20102 of title 49, United States Code.
       (4) Railroad carrier.--The term ``railroad carrier'' has 
     the meaning given that term by section 20102 of title 49, 
     United States Code.

[[Page 21055]]

       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (6) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, or the Commonwealth of 
     Puerto Rico.
       (b) In Title 49.--Section 20102 is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `Class I railroad', `Class II railroad', and `Class 
     III railroad' mean railroad carriers that have annual carrier 
     operating revenues that meet the threshold amount for Class I 
     carriers, Class II carriers, and Class III carriers, 
     respectively, as determined by the Surface Transportation 
     Board under section 1201.1-1 of title 49, Code of Federal 
     Regulations.''; and
       (3) by adding at the end thereof the following:
       ``(4) `safety-related railroad employee' means--
       ``(A) a railroad employee who is subject to chapter 211;
       ``(B) another operating railroad employee who is not 
     subject to chapter 211;
       ``(C) an employee who maintains the right of way of a 
     railroad;
       ``(D) an employee of a railroad carrier who is a hazmat 
     employee as defined in section 5102(3) of this title;
       ``(E) an employee who inspects, repairs, or maintains 
     locomotives, passenger cars, or freight cars; and
       ``(F) any other employee of a railroad carrier who directly 
     affects railroad safety, as determined by the Secretary.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       Section 20117(a) of title 49, United States Code, is 
     amended to read as follows:
       ``(a) In General.--(1) There are authorized to be 
     appropriated to the Secretary of Transportation to carry out 
     this part and to carry out responsibilities under chapter 51 
     as delegated or authorized by the Secretary--
       ``(A) $225,000,000 for fiscal year 2009;
       ``(B) $245,000,000 for fiscal year 2010;
       ``(C) $266,000,000 for fiscal year 2011;
       ``(D) $289,000,000 for fiscal year 2012; and
       ``(E) $293,000,000 for fiscal year 2013.
       ``(2) With amounts appropriated pursuant to paragraph (1), 
     the Secretary shall purchase Gage Restraint Measurement 
     System vehicles and track geometry vehicles or other 
     comparable technology as needed to assess track safety 
     consistent with the results of the track inspection study 
     required by section 403 of the Rail Safety Improvement Act of 
     2008.
       ``(3) There are authorized to be appropriated to the 
     Secretary $18,000,000 for the period encompassing fiscal 
     years 2009 through 2013 to design, develop, and construct the 
     Facility for Underground Rail Station and Tunnel at the 
     Transportation Technology Center in Pueblo, Colorado. The 
     facility shall be used to test and evaluate the 
     vulnerabilities of above-ground and underground rail tunnels 
     to prevent accidents and incidents in such tunnels, to 
     mitigate and remediate the consequences of any such accidents 
     or incidents, and to provide a realistic scenario for 
     training emergency responders.
       ``(4) Such sums as may be necessary from the amount 
     appropriated pursuant to paragraph (1) for each of the fiscal 
     years 2009 through 2013 shall be made available to the 
     Secretary for personnel in regional offices and in 
     Washington, D.C., whose duties primarily involve rail 
     security.''.

                 TITLE I--RAILROAD SAFETY IMPROVEMENTS

     SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS AND 
                   DUTIES.

       Section 103 is amended by striking subsections (b) through 
     (e) and inserting the following:
       ``(c) Safety as Highest Priority.--In carrying out its 
     duties, the Administration shall consider the assignment and 
     maintenance of safety as the highest priority, recognizing 
     the clear intent, encouragement, and dedication of Congress 
     to the furtherance of the highest degree of safety in 
     railroad transportation.
       ``(d) Administrator.--The head of the Administration shall 
     be the Administrator who shall be appointed by the President, 
     by and with the advice and consent of the Senate, and shall 
     be an individual with professional experience in railroad 
     safety, hazardous materials safety, or other transportation 
     safety. The Administrator shall report directly to the 
     Secretary of Transportation.
       ``(e) Deputy Administrator.--The Administration shall have 
     a Deputy Administrator who shall be appointed by the 
     Secretary. The Deputy Administrator shall carry out duties 
     and powers prescribed by the Administrator.
       ``(f) Chief Safety Officer.--The Administration shall have 
     an Associate Administrator for Railroad Safety appointed in 
     the career service by the Secretary. The Associate 
     Administrator shall be the Chief Safety Officer of the 
     Administration. The Associate Administrator shall carry out 
     the duties and powers prescribed by the Administrator.
       ``(g) Duties and Powers of the Administrator.--The 
     Administrator shall carry out--
       ``(1) duties and powers related to railroad safety vested 
     in the Secretary by section 20134(c) and chapters 203 through 
     211 of this title, and by chapter 213 of this title for 
     carrying out chapters 203 through 211;
       ``(2) the duties and powers related to railroad policy and 
     development under subsection (j); and
       ``(3) other duties and powers prescribed by the Secretary.
       ``(h) Limitation.--A duty or power specified in subsection 
     (g)(1) may be transferred to another part of the Department 
     of Transportation or another Federal Government entity only 
     when specifically provided by law. A decision of the 
     Administrator in carrying out the duties or powers of the 
     Administration and involving notice and hearing required by 
     law is administratively final.
       ``(i) Authorities.--Subject to the provisions of subtitle I 
     of title 40 and title III of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), 
     the Secretary of Transportation may make, enter into, and 
     perform such contracts, grants, leases, cooperative 
     agreements, and other similar transactions with Federal or 
     other public agencies (including State and local governments) 
     and private organizations and persons, and make such 
     payments, by way of advance or reimbursement, as the 
     Secretary may determine to be necessary or appropriate to 
     carry out functions at the Administration. The authority of 
     the Secretary granted by this subsection shall be carried out 
     by the Administrator. Notwithstanding any other provision of 
     this chapter, no authority to enter into contracts or to make 
     payments under this subsection shall be effective, except as 
     provided for in appropriations Acts.''.

     SEC. 102. RAILROAD SAFETY STRATEGY.

       (a) Safety Goals.--In conjunction with existing federally-
     required and voluntary strategic planning efforts ongoing at 
     the Department and the Federal Railroad Administration as of 
     the date of enactment of this Act, the Secretary shall 
     develop a long-term strategy for improving railroad safety to 
     cover a period of not less than 5 years. The strategy shall 
     include an annual plan and schedule for achieving, at a 
     minimum, the following goals:
       (1) Reducing the number and rates of accidents, incidents, 
     injuries, and fatalities involving railroads including train 
     collisions, derailments, and human factors.
       (2) Improving the consistency and effectiveness of 
     enforcement and compliance programs.
       (3) Improving the identification of high-risk highway-rail 
     grade crossings and strengthening enforcement and other 
     methods to increase grade crossing safety.
       (4) Improving research efforts to enhance and promote 
     railroad safety and performance.
       (5) Preventing railroad trespasser accidents, incidents, 
     injuries, and fatalities.
       (6) Improving the safety of railroad bridges, tunnels, and 
     related infrastructure to prevent accidents, incidents, 
     injuries, and fatalities caused by catastrophic failures and 
     other bridge and tunnel failures.
       (b) Resource Needs.--The strategy and annual plan shall 
     include estimates of the funds and staff resources needed to 
     accomplish the goals established by subsection (a). Such 
     estimates shall also include the staff skills and training 
     required for timely and effective accomplishment of each such 
     goal.
       (c) Submission With the President's Budget.--The Secretary 
     shall submit the strategy and annual plan to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure at the same time as the President's budget 
     submission.
       (d) Achievement of Goals.--
       (1) Progress assessment.--No less frequently than annually, 
     the Secretary shall assess the progress of the Department 
     toward achieving the strategic goals described in subsection 
     (a). The Secretary shall identify any deficiencies in 
     achieving the goals within the strategy and develop and 
     institute measures to remediate such deficiencies. The 
     Secretary and the Administrator shall convey their assessment 
     to the employees of the Federal Railroad Administration and 
     shall identify any deficiencies that should be remediated 
     before the next progress assessment.
       (2) Report to congress.--Beginning in 2009, not later than 
     November 1 of each year, the Secretary shall transmit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the performance of the 
     Federal Railroad Administration containing the progress 
     assessment required by paragraph (1) toward achieving the 
     goals of the railroad safety strategy and annual plans under 
     subsection (a).

     SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM.

       (a) In General.--Subchapter II of chapter 201 is amended by 
     adding at end thereof the following:

     ``Sec. 20156. Railroad safety risk reduction program

       ``(a) In General.--
       ``(1) Program requirement.--Not later than 4 years after 
     the date of enactment of the Rail Safety Improvement Act of 
     2008, the Secretary of Transportation, by regulation,

[[Page 21056]]

     shall require each railroad carrier that is a Class I 
     railroad, a railroad carrier that has inadequate safety 
     performance (as determined by the Secretary), or a railroad 
     carrier that provides intercity rail passenger or commuter 
     rail passenger transportation--
       ``(A) to develop a railroad safety risk reduction program 
     under subsection (d) that systematically evaluates railroad 
     safety risks on its system and manages those risks in order 
     to reduce the numbers and rates of railroad accidents, 
     incidents, injuries, and fatalities;
       ``(B) to submit its program, including any required plans, 
     to the Secretary for review and approval; and
       ``(C) to implement the program and plans approved by the 
     Secretary.
       ``(2) Reliance on pilot program.--The Secretary may conduct 
     behavior-based safety and other research, including pilot 
     programs, before promulgating regulations under this 
     subsection and thereafter. The Secretary shall use any 
     information and experience gathered through such research and 
     pilot programs under this subsection in developing 
     regulations under this section.
       ``(3) Review and approval.--The Secretary shall review and 
     approve or disapprove railroad safety risk reduction program 
     plans within a reasonable period of time. If the proposed 
     plan is not approved, the Secretary shall notify the affected 
     railroad carrier as to the specific areas in which the 
     proposed plan is deficient, and the railroad carrier shall 
     correct all deficiencies within a reasonable period of time 
     following receipt of written notice from the Secretary. The 
     Secretary shall annually conduct a review to ensure that the 
     railroad carriers are complying with their plans.
       ``(4) Voluntary compliance.--A railroad carrier that is not 
     required to submit a railroad safety risk reduction program 
     under this section may voluntarily submit a program that 
     meets the requirements of this section to the Secretary. The 
     Secretary shall approve or disapprove any program submitted 
     under this paragraph.
       ``(b) Certification.--The chief official responsible for 
     safety of each railroad carrier required to submit a railroad 
     safety risk reduction program under subsection (a) shall 
     certify that the contents of the program are accurate and 
     that the railroad carrier will implement the contents of the 
     program as approved by the Secretary.
       ``(c) Risk Analysis.--In developing its railroad safety 
     risk reduction program each railroad carrier required to 
     submit such a program pursuant to subsection (a) shall 
     identify and analyze the aspects of its railroad, including 
     operating rules and practices, infrastructure, equipment, 
     employee levels and schedules, safety culture, management 
     structure, employee training, and other matters, including 
     those not covered by railroad safety regulations or other 
     Federal regulations, that impact railroad safety.
       ``(d) Program Elements.--
       ``(1) In general.--Each railroad carrier required to submit 
     a railroad safety risk reduction program under subsection (a) 
     shall develop a comprehensive safety risk reduction program 
     to improve safety by reducing the number and rates of 
     accidents, incidents, injuries, and fatalities that is based 
     on the risk analysis required by subsection (c) through--
       ``(A) the mitigation of aspects that increase risks to 
     railroad safety; and
       ``(B) the enhancement of aspects that decrease risks to 
     railroad safety.
       ``(2) Required components.--Each railroad carrier's safety 
     risk reduction program shall include a risk mitigation plan 
     in accordance with this section, a technology implementation 
     plan that meets the requirements of subsection (e), and a 
     fatigue management plan that meets the requirements of 
     subsection (f).
       ``(e) Technology Implementation Plan.--
       ``(1) In general.--As part of its railroad safety risk 
     reduction program, a railroad carrier required to submit a 
     railroad safety risk reduction program under subsection (a) 
     shall develop, and periodically update as necessary, a 10-
     year technology implementation plan that describes the 
     railroad carrier's plan for development, adoption, 
     implementation, maintenance, and use of current, new, or 
     novel technologies on its system over a 10-year period to 
     reduce safety risks identified under the railroad safety risk 
     reduction program. Any updates to the plan are subject to 
     review and approval by the Secretary.
       ``(2) Technology analysis.--A railroad carrier's technology 
     implementation plan shall include an analysis of the safety 
     impact, feasibility, and cost and benefits of implementing 
     technologies, including processor-based technologies, 
     positive train control systems (as defined in section 
     20157(i)), electronically controlled pneumatic brakes, rail 
     integrity inspection systems, rail integrity warning systems, 
     switch position monitors and indicators, trespasser 
     prevention technology, highway-rail grade crossing 
     technology, and other new or novel railroad safety 
     technology, as appropriate, that may mitigate risks to 
     railroad safety identified in the risk analysis required by 
     subsection (c).
       ``(3) Implementation schedule.--A railroad carrier's 
     technology implementation plan shall contain a prioritized 
     implementation schedule for the development, adoption, 
     implementation, and use of current, new, or novel 
     technologies on its system to reduce safety risks identified 
     under the railroad safety risk reduction program.
       ``(4) Positive train control.--Except as required by 
     section 20157 (relating to the requirements for 
     implementation of positive train control systems), the 
     Secretary shall ensure that--
       ``(A) each railroad carrier's technology implementation 
     plan required under paragraph (1) that includes a schedule 
     for implementation of a positive train control system 
     complies with that schedule; and
       ``(B) each railroad carrier required to submit such a plan 
     implements a positive train control system pursuant to such 
     plan by December 31, 2018.
       ``(f) Fatigue Management Plan.--
       ``(1) In general.--As part of its railroad safety risk 
     reduction program, a railroad carrier required to submit a 
     railroad safety risk reduction program under subsection (a) 
     shall develop and update at least once every 2 years a 
     fatigue management plan that is designed to reduce the 
     fatigue experienced by safety-related railroad employees and 
     to reduce the likelihood of accidents, incidents, injuries, 
     and fatalities caused by fatigue. Any such update shall be 
     subject to review and approval by the Secretary.
       ``(2) Targeted fatigue countermeasures.--A railroad 
     carrier's fatigue management plan shall take into account the 
     varying circumstances of operations by the railroad on 
     different parts of its system, and shall prescribe 
     appropriate fatigue countermeasures to address those varying 
     circumstances.
       ``(3) Additional elements.--A railroad shall consider the 
     need to include in its fatigue management plan elements 
     addressing each of the following items, as applicable:
       ``(A) Employee education and training on the physiological 
     and human factors that affect fatigue, as well as strategies 
     to reduce or mitigate the effects of fatigue, based on the 
     most current scientific and medical research and literature.
       ``(B) Opportunities for identification, diagnosis, and 
     treatment of any medical condition that may affect alertness 
     or fatigue, including sleep disorders.
       ``(C) Effects on employee fatigue of an employee's short-
     term or sustained response to emergency situations, such as 
     derailments and natural disasters, or engagement in other 
     intensive working conditions.
       ``(D) Scheduling practices for employees, including 
     innovative scheduling practices, on-duty call practices, work 
     and rest cycles, increased consecutive days off for 
     employees, changes in shift patterns, appropriate scheduling 
     practices for varying types of work, and other aspects of 
     employee scheduling that would reduce employee fatigue and 
     cumulative sleep loss.
       ``(E) Methods to minimize accidents and incidents that 
     occur as a result of working at times when scientific and 
     medical research have shown increased fatigue disrupts 
     employees' circadian rhythm.
       ``(F) Alertness strategies, such as policies on napping, to 
     address acute drowsiness and fatigue while an employee is on 
     duty.
       ``(G) Opportunities to obtain restful sleep at lodging 
     facilities, including employee sleeping quarters provided by 
     the railroad carrier.
       ``(H) The increase of the number of consecutive hours of 
     off-duty rest, during which an employee receives no 
     communication from the employing railroad carrier or its 
     managers, supervisors, officers, or agents.
       ``(I) Avoidance of abrupt changes in rest cycles for 
     employees.
       ``(J) Additional elements that the Secretary considers 
     appropriate.
       ``(g) Consensus.--
       ``(1) In general.--Each railroad carrier required to submit 
     a railroad safety risk reduction program under subsection (a) 
     shall consult with, employ good faith and use its best 
     efforts to reach agreement with, all of its directly affected 
     employees, including any non-profit employee labor 
     organization representing a class or craft of directly 
     affected employees of the railroad carrier, on the contents 
     of the safety risk reduction program.
       ``(2) Statement.--If the railroad carrier and its directly 
     affected employees, including any nonprofit employee labor 
     organization representing a class or craft of directly 
     affected employees of the railroad carrier, cannot reach 
     consensus on the proposed contents of the plan, then directly 
     affected employees and such organization may file a statement 
     with the Secretary explaining their views on the plan on 
     which consensus was not reached. The Secretary shall consider 
     such views during review and approval of the program.
       ``(h) Enforcement.--The Secretary shall have the authority 
     to assess civil penalties pursuant to chapter 213 for a 
     violation of this section, including the failure to submit, 
     certify, or comply with a safety risk reduction program, risk 
     mitigation plan, technology implementation plan, or fatigue 
     management plan.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by inserting after the item relating to 
     section 20155 the following:

``20156. Railroad safety risk reduction program.''.

[[Page 21057]]



     SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL.

       (a) In General.--Subchapter II of chapter 201, as amended 
     by section 103 of this division, is further amended by adding 
     at the end thereof the following:

     ``Sec. 20157. Implementation of positive train control 
       systems

       ``(a) In General.--
       ``(1) Plan required.--Not later than 18 months after the 
     date of enactment of the Rail Safety Improvement Act of 2008, 
     each Class I railroad carrier and each entity providing 
     regularly scheduled intercity or commuter rail passenger 
     transportation shall develop and submit to the Secretary of 
     Transportation a plan for implementing a positive train 
     control system by December 31, 2015, governing operations 
     on--
       ``(A) its main line over which intercity rail passenger 
     transportation or commuter rail passenger transportation, as 
     defined in section 24102, is regularly provided;
       ``(B) its main line over which poison- or toxic-by-
     inhalation hazardous materials, as defined in parts 171.8, 
     173.115, and 173.132 of title 49, Code of Federal 
     Regulations, are transported; and
       ``(C) such other tracks as the Secretary may prescribe by 
     regulation or order.
       ``(2) Implementation.--The plan shall describe how it will 
     provide for interoperability of the system with movements of 
     trains of other railroad carriers over its lines and shall, 
     to the extent practical, implement the system in a manner 
     that addresses areas of greater risk before areas of lesser 
     risk. The railroad carrier shall implement a positive train 
     control system in accordance with the plan.
       ``(b) Technical Assistance.--The Secretary may provide 
     technical assistance and guidance to railroad carriers in 
     developing the plans required under subsection (a).
       ``(c) Review and Approval.--Not later than 90 days after 
     the Secretary receives a plan, the Secretary shall review and 
     approve or disapprove it. If the proposed plan is not 
     approved, the Secretary shall notify the affected railroad 
     carrier or other entity as to the specific areas in which the 
     proposed plan is deficient, and the railroad carrier or other 
     entity shall correct all deficiencies within 30 days 
     following receipt of written notice from the Secretary. The 
     Secretary shall annually conduct a review to ensure that the 
     railroad carriers are complying with their plans.
       ``(d) Report.--Not later than December 31, 2012, the 
     Secretary shall transmit a report to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate on the progress of the railroad 
     carriers in implementing such positive train control systems.
       ``(e) Enforcement.--The Secretary is authorized to assess 
     civil penalties pursuant to chapter 213 for a violation of 
     this section, including the failure to submit or comply with 
     a plan for implementing positive train control under 
     subsection (a).
       ``(f) Other Railroad Carriers.--Nothing in this section 
     restricts the discretion of the Secretary to require railroad 
     carriers other than those specified in subsection (a) to 
     implement a positive train control system pursuant to this 
     section or section 20156, or to specify the period by which 
     implementation shall occur that does not exceed the time 
     limits established in this section or section 20156. In 
     exercising such discretion, the Secretary shall, at a 
     minimum, consider the risk to railroad employees and the 
     public associated with the operations of the railroad 
     carrier.
       ``(g) Regulations.--The Secretary shall prescribe 
     regulations or issue orders necessary to implement this 
     section, including regulations specifying in appropriate 
     technical detail the essential functionalities of positive 
     train control systems, and the means by which those systems 
     will be qualified.
       ``(h) Certification.--The Secretary shall not permit the 
     installation of any positive train control system or 
     component in revenue service unless the Secretary has 
     certified that any such system or component has been approved 
     through the approval process set forth in part 236 of title 
     49, Code of Federal Regulations, and complies with the 
     requirements of that part.
       ``(i) Definitions.--In this section:
       ``(1) Interoperability.--The term `interoperability' means 
     the ability to control locomotives of the host railroad and 
     tenant railroad to communicate with and respond to the 
     positive train control system, including uninterrupted 
     movements over property boundaries.
       ``(2) Main line.--The term `main line' means a segment or 
     route of railroad tracks over which 5,000,000 or more gross 
     tons of railroad traffic is transported annually, except 
     that--
       ``(A) the Secretary may, through regulations under 
     subsection (g), designate additional tracks as main line as 
     appropriate for this section; and
       ``(B) for intercity rail passenger transportation or 
     commuter rail passenger transportation routes or segments 
     over which limited or no freight railroad operations occur, 
     the Secretary shall define the term `main line' by 
     regulation.
       ``(3) Positive train control system.--The term `positive 
     train control system' means a system designed to prevent 
     train-to-train collisions, over-speed derailments, incursions 
     into established work zone limits, and the movement of a 
     train through a switch left in the wrong position.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 103 of this division, is amended 
     by inserting after the item relating to section 20156 the 
     following:

``20157. Implementation of positive train control systems.''.

     SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS.

       (a) In General.--Subchapter II of chapter 201, as amended 
     by section 104 of this division, is further amended by adding 
     at the end thereof the following:

     ``Sec. 20158. Railroad safety technology grants

       ``(a) Grant Program.--The Secretary of Transportation shall 
     establish a grant program for the deployment of train control 
     technologies, train control component technologies, 
     processor-based technologies, electronically controlled 
     pneumatic brakes, rail integrity inspection systems, rail 
     integrity warning systems, switch position indicators and 
     monitors, remote control power switch technologies, track 
     integrity circuit technologies, and other new or novel 
     railroad safety technology.
       ``(b) Grant Criteria.--
       ``(1) Eligibility.--Grants shall be made under this section 
     to eligible passenger and freight railroad carriers, railroad 
     suppliers, and State and local governments for projects 
     described in subsection (a) that have a public benefit of 
     improved safety and network efficiency.
       ``(2) Considerations.--Priority shall be given to projects 
     that--
       ``(A) focus on making technologies interoperable between 
     railroad systems, such as train control technologies;
       ``(B) accelerate train control technology deployment on 
     high-risk corridors, such as those that have high volumes of 
     hazardous materials shipments or over which commuter or 
     passenger trains operate; or
       ``(C) benefit both passenger and freight safety and 
     efficiency.
       ``(3) Implementation plans.--Grants may not be awarded 
     under this section to entities that fail to develop and 
     submit to the Secretary the plans required by sections 
     20156(e)(2) and 20157.
       ``(4) Matching requirements.--Federal funds for any 
     eligible project under this section shall not exceed 80 
     percent of the total cost of such project.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation $50,000,000 for each of fiscal years 2009 
     through 2013 to carry out this section. Amounts appropriated 
     pursuant to this section shall remain available until 
     expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 104 of this division, is further 
     amended by inserting after the item relating to section 20157 
     the following:

``20158. Railroad safety technology grants.''.

     SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.

       Not later than December 31, 2008, and annually thereafter, 
     the Secretary shall transmit a report to the House of 
     Representatives Committee on Transportation and 
     Infrastructure and the Senate Committee on Commerce, Science, 
     and Transportation on the specific actions taken to implement 
     unmet statutory mandates regarding railroad safety and each 
     open railroad safety recommendation made by the National 
     Transportation Safety Board or the Department's Inspector 
     General.

     SEC. 107. RULEMAKING PROCESS.

       (a) Amendment.--Subchapter I of chapter 201 is amended by 
     inserting after section 20115 the following new section:

     ``Sec. 20116. Rulemaking process

       ``No rule or order issued by the Secretary under this part 
     shall be effective if it incorporates by reference a code, 
     rule, standard, requirement, or practice issued by an 
     association or other entity that is not an agency of the 
     Federal Government, unless the date on which the code, rule, 
     standard, requirement, or practice was adopted is 
     specifically cited in the rule or order, or the code, rule, 
     standard, requirement, or practice has been subject to notice 
     and comment under a rule or order issued under this part.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by inserting after the item relating to 
     section 20115 the following:

``20116. Rulemaking process.''.

     SEC. 108. HOURS-OF-SERVICE REFORM.

       (a) Change in Definition of Signal Employee.--Section 
     21101(4) is amended by striking ``employed by a railroad 
     carrier''.
       (b) Limitation on Duty Hours of Train Employees.--Section 
     21103 is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Except as provided in subsection (d) of 
     this section, a railroad carrier and its officers and agents 
     may not require or allow a train employee to--
       ``(1) remain on duty, go on duty, wait for deadhead 
     transportation, be in deadhead transportation from a duty 
     assignment to

[[Page 21058]]

     the place of final release, or be in any other mandatory 
     service for the carrier in any calendar month where the 
     employee has spent a total of 276 hours--
       ``(A) on duty;
       ``(B) waiting for deadhead transportation, or in deadhead 
     transportation from a duty assignment to the place of final 
     release; or
       ``(C) in any other mandatory service for the carrier;
       ``(2) remain or go on duty for a period in excess of 12 
     consecutive hours;
       ``(3) remain or go on duty unless that employee has had at 
     least 10 consecutive hours off duty during the prior 24 
     hours; or
       ``(4) remain or go on duty after that employee has 
     initiated an on-duty period each day for--
       ``(A) 6 consecutive days, unless that employee has had at 
     least 48 consecutive hours off duty at the employee's home 
     terminal during which time the employee is unavailable for 
     any service for any railroad carrier except that--
       ``(i) an employee may work a seventh consecutive day if 
     that employee completed his or her final period of on-duty 
     time on his or her sixth consecutive day at a terminal other 
     than his or her home terminal; and
       ``(ii) any employee who works a seventh consecutive day 
     pursuant to subparagraph (i) shall have at least 72 
     consecutive hours off duty at the employee's home terminal 
     during which time the employee is unavailable for any service 
     for any railroad carrier; or
       ``(B) except as provided in subparagraph (A), 7 consecutive 
     days, unless that employee has had at least 72 consecutive 
     hours off duty at the employee's home terminal during which 
     time the employee is unavailable for any service for any 
     railroad carrier, if--
       ``(i) for a period of 18 months following the date of 
     enactment of the Rail Safety Improvement Act of 2008, an 
     existing collective bargaining agreement expressly provides 
     for such a schedule or, following the expiration of 18 months 
     after the date of enactment of the Rail Safety Improvement 
     Act of 2008, collective bargaining agreements entered into 
     during such period expressly provide for such a schedule;
       ``(ii) such a schedule is provided for by a pilot program 
     authorized by a collective bargaining agreement; or
       ``(iii) such a schedule is provided for by a pilot program 
     under section 21108 of this chapter related to employees' 
     work and rest cycles.

     The Secretary may waive paragraph (4), consistent with the 
     procedural requirements of section 20103, if a collective 
     bargaining agreement provides a different arrangement and 
     such an arrangement is in the public interest and consistent 
     with railroad safety.'';
       (2) by redesignating subsection (c) as subsection (d) and 
     inserting after subsection (b) the following:
       ``(c) Limbo Time Limitation and Additional Rest 
     Requirement.--
       ``(1) A railroad carrier may not require or allow an 
     employee--
       ``(A) to exceed a total of 40 hours per calendar month 
     spent--
       ``(i) waiting for deadhead transportation; or
       ``(ii) in deadhead transportation from a duty assignment to 
     the place of final release,

     following a period of 12 consecutive hours on duty that is 
     neither time on duty nor time off duty, not including interim 
     rest periods, during the period from the date of enactment of 
     the Rail Safety Improvement Act of 2008 to one year after 
     such date of enactment; and
       ``(B) to exceed a total of 30 hours per calendar month 
     spent--
       ``(i) waiting for deadhead transportation; or
       ``(ii) in deadhead transportation from a duty assignment to 
     the place of final release,

     following a period of 12 consecutive hours on duty that is 
     neither time on duty nor time off duty, not including interim 
     rest periods, during the period beginning one year after the 
     date of enactment of the Rail Safety Improvement Act of 2008 
     except that the Secretary may further limit the monthly 
     limitation pursuant to regulations prescribed under section 
     21109.
       ``(2) The limitations in paragraph (1) shall apply unless 
     the train carrying the employee is directly delayed by--
       ``(A) a casualty;
       ``(B) an accident;
       ``(C) an act of God;
       ``(D) a derailment;
       ``(E) a major equipment failure that prevents the train 
     from advancing; or
       ``(F) a delay resulting from a cause unknown and 
     unforeseeable to a railroad carrier or its officer or agent 
     in charge of the employee when the employee left a terminal.
       ``(3) Each railroad carrier shall report to the Secretary, 
     in accordance with procedures established by the Secretary, 
     each instance where an employee subject to this section 
     spends time waiting for deadhead transportation or in 
     deadhead transportation from a duty assignment to the place 
     of final release in excess of the requirements of paragraph 
     (1).
       ``(4) If--
       ``(A) the time spent waiting for deadhead transportation or 
     in deadhead transportation from a duty assignment to the 
     place of final release that is not time on duty, plus

       ``(B) the time on duty,
     exceeds 12 consecutive hours, the railroad carrier and its 
     officers and agents shall provide the employee with 
     additional time off duty equal to the number of hours by 
     which such sum exceeds 12 hours.''; and
       (3) by adding at the end thereof the following:
       ``(e) Communication During Time Off Duty.--During a train 
     employee's minimum off-duty period of 10 consecutive hours, 
     as provided under subsection (a) or during an interim period 
     of at least 4 consecutive hours available for rest under 
     subsection (b)(7) or during additional off-duty hours under 
     subsection (c)(4), a railroad carrier, and its officers and 
     agents, shall not communicate with the train employee by 
     telephone, by pager, or in any other manner that could 
     reasonably be expected to disrupt the employee's rest. 
     Nothing in this subsection shall prohibit communication 
     necessary to notify an employee of an emergency situation, as 
     defined by the Secretary. The Secretary may waive the 
     requirements of this paragraph for commuter or intercity 
     passenger railroads if the Secretary determines that such a 
     waiver will not reduce safety and is necessary to maintain 
     such railroads' efficient operations and on-time performance 
     of its trains.''.
       (c) Limitation on Duty Hours of Signal Employees.--Section 
     21104 is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Except as provided in subsection (c) of 
     this section, a railroad carrier and its officers and agents 
     may not require or allow its signal employees to remain or go 
     on duty and a contractor or subcontractor to a railroad 
     carrier and its officers and agents may not require or allow 
     its signal employees to remain or go on duty --
       ``(1) for a period in excess of 12 consecutive hours; or
       ``(2) unless that employee has had at least 10 consecutive 
     hours off duty during the prior 24 hours.'';
       (2) by striking ``duty, except that up to one hour of that 
     time spent returning from the final trouble call of a period 
     of continuous or broken service is time off duty.'' in 
     subsection (b)(3) and inserting ``duty.'';
       (3) by inserting ``A signal employee may not be allowed to 
     remain or go on duty under the emergency authority provided 
     under this subsection to conduct routine repairs, routine 
     maintenance, or routine inspection of signal systems.'' after 
     ``service.'' in subsection (c); and
       (4) by adding at the end the following:
       ``(d) Communication During Time Off Duty.--During a signal 
     employee's minimum off-duty period of 10 consecutive hours, 
     as provided under subsection (a), a railroad carrier or a 
     contractor or subcontractor to a railroad carrier, and its 
     officers and agents, shall not communicate with the signal 
     employee by telephone, by pager, or in any other manner that 
     could reasonably be expected to disrupt the employee's rest. 
     Nothing in this subsection shall prohibit communication 
     necessary to notify an employee of an emergency situation, as 
     defined by the Secretary.
       ``(e) Exclusivity.--The hours of service, duty hours, and 
     rest periods of signal employees shall be governed 
     exclusively by this chapter. Signal employees operating motor 
     vehicles shall not be subject to any hours of service rules, 
     duty hours or rest period rules promulgated by any Federal 
     authority, including the Federal Motor Carrier Safety 
     Administration, other than the Federal Railroad 
     Administration.''.
       (d) Alternate Hours of Service Regime.--
       (1) Application of hours of service regime.--Section 21102 
     is amended--
       (A) by striking the section caption and inserting the 
     following:

     ``Sec. 21102. Nonapplication, exemption, and alternate hours 
       of service regime''; and

       (B) by adding at the end thereof the following:
       ``(c) Application of Hours of Service Regime to Commuter 
     and Intercity Passenger Railroad Train Employees.--
       ``(1) When providing commuter rail passenger transportation 
     or intercity rail passenger transportation, the limitations 
     on duty hours for train employees of railroad carriers, 
     including public authorities operating passenger service, 
     shall be solely governed by old section 21103 until the 
     earlier of--
       ``(A) the effective date of regulations prescribed by the 
     Secretary under section 21109(b) of this chapter; or
       ``(B) the date that is 3 years following the date of 
     enactment of the Rail Safety Improvement Act of 2008.
       ``(2) After the date on which old section 21103 ceases to 
     apply, pursuant to paragraph (1), to the limitations on duty 
     hours for train employees of railroad carriers with respect 
     to the provision of commuter rail passenger transportation or 
     intercity rail passenger transportation, the limitations on 
     duty hours for train employees of such railroad carriers 
     shall be governed by new section 21103, except as provided in 
     paragraph (3).
       ``(3) After the effective date of the regulations 
     prescribed by the Secretary under section 21109(b) of this 
     title, such carriers shall--
       ``(A) comply with the limitations on duty hours for train 
     employees with respect to the

[[Page 21059]]

     provision of commuter rail passenger transportation or 
     intercity rail passenger transportation as prescribed by such 
     regulations; and
       ``(B) be exempt from complying with the provisions of old 
     section 21103 and new section 21103 for such employees.
       ``(4) In this subsection:
       ``(A) The terms `commuter rail passenger transportation' 
     and `intercity rail passenger transportation' have the 
     meaning given those terms in section 24102 of this title.
       ``(C) The term `new section 21103' means section 21103 of 
     this chapter as amended by the Rail Safety Improvement Act of 
     2008.
       ``(D) The term `old section 21103' means section 21103 of 
     this chapter as it was in effect on the day before the 
     enactment of that Act.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     211 is amended by striking the item relating to section 21102 
     and inserting the following:

``21102. Nonapplication, exemption, and alternate hours of service 
              regime.''.
       (e) Regulatory Authority.--
       (1) In general.--Chapter 211 is amended by adding at the 
     end thereof the following:

     ``Sec. 21109. Regulatory authority

       ``(a) In General.--In order to improve safety and reduce 
     employee fatigue, the Secretary may prescribe regulations--
       ``(1) to reduce the maximum hours an employee may be 
     required or allowed to go or remain on duty to a level less 
     than the level established under this chapter;
       ``(2) to increase the minimum hours an employee may be 
     required or allowed to rest to a level greater than the level 
     established under this chapter;
       ``(3) to limit or eliminate the amount of time an employee 
     spends waiting for deadhead transportation or in deadhead 
     transportation from a duty assignment to the place of final 
     release that is considered neither on duty nor off duty under 
     this chapter;
       ``(4) for signal employees--
       ``(A) to limit or eliminate the amount of time that is 
     considered to be neither on duty nor off duty under this 
     chapter that an employee spends returning from an outlying 
     worksite after scheduled duty hours or returning from a 
     trouble call to the employee's headquarters or directly to 
     the employee's residence; and
       ``(B) to increase the amount of time that constitutes a 
     release period, that does not break the continuity of service 
     and is considered time off duty; and
       ``(5) to require other changes to railroad operating and 
     scheduling practices, including unscheduled duty calls, that 
     could affect employee fatigue and railroad safety.
       ``(b) Regulations Governing the Hours of Service of Train 
     Employees of Commuter and Intercity Passenger Railroad 
     Carriers.--Within 3 years after the date of enactment of the 
     Rail Safety Improvement Act of 2008, the Secretary shall 
     prescribe regulations and issue orders to establish hours of 
     service requirements for train employees engaged in commuter 
     rail passenger transportation and intercity rail passenger 
     transportation (as defined in section 24102 of this title) 
     that may differ from the requirements of this chapter. Such 
     regulations and orders may address railroad operating and 
     scheduling practices, including unscheduled duty calls, 
     communications during time off duty, and time spent waiting 
     for deadhead transportation or in deadhead transportation 
     from a duty assignment to the place of final release, that 
     could affect employee fatigue and railroad safety.
       ``(c) Considerations.--In issuing regulations under 
     subsection (a) the Secretary shall consider scientific and 
     medical research related to fatigue and fatigue abatement, 
     railroad scheduling and operating practices that improve 
     safety or reduce employee fatigue, a railroad's use of new or 
     novel technology intended to reduce or eliminate human error, 
     the variations in freight and passenger railroad scheduling 
     practices and operating conditions, the variations in duties 
     and operating conditions for employees subject to this 
     chapter, a railroad's required or voluntary use of fatigue 
     management plans covering employees subject to this chapter, 
     and any other relevant factors.
       ``(d) Time Limits.--
       ``(1) If the Secretary determines that regulations are 
     necessary under subsection (a), the Secretary shall first 
     request that the Railroad Safety Advisory Committee develop 
     proposed regulations and, if the Committee accepts the task, 
     provide the Committee with a reasonable time period in which 
     to complete the task.
       ``(2) If the Secretary requests that the Railroad Safety 
     Advisory Committee accept the task of developing regulations 
     under subsection (b) and the Committee accepts the task, the 
     Committee shall reach consensus on the rulemaking within 18 
     months after accepting the task. If the Committee does not 
     reach consensus within 18 months after the Secretary makes 
     the request, the Secretary shall prescribe appropriate 
     regulations within 18 months.
       ``(3) If the Secretary does not request that the Railroad 
     Safety Advisory Committee accept the task of developing 
     regulations under subsection (b), the Secretary shall 
     prescribe regulations within 3 years after the date of 
     enactment of the Rail Safety Improvement Act of 2008.
       ``(e) Pilot Projects.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Rail Safety Improvement Act of 2008, the 
     Secretary shall conduct at least 2 pilot projects of 
     sufficient size and scope to analyze specific practices which 
     may be used to reduce fatigue for train and engine and other 
     railroad employees as follows:
       ``(A) A pilot project at a railroad or railroad facility to 
     evaluate the efficacy of communicating to employees notice of 
     their assigned shift time 10 hours prior to the beginning of 
     their assigned shift as a method for reducing employee 
     fatigue.
       ``(B) A pilot project at a railroad or railroad facility to 
     evaluate the efficacy of requiring railroads who use employee 
     scheduling practices that subject employees to periods of 
     unscheduled duty calls to assign employees to defined or 
     specific unscheduled call shifts that are followed by shifts 
     not subject to call, as a method for reducing employee 
     fatigue.
       ``(2) Waiver.--The Secretary may temporarily waive the 
     requirements of this section, if necessary, to complete a 
     pilot project under this subsection.
       ``(f) Duty Call Defined.--In this section the term `duty 
     call' means a telephone call that a railroad places to an 
     employee to notify the employee of his or her assigned shift 
     time.''.
       (2) Conforming amendments.--
       (A) The chapter analysis for chapter 211 is amended by 
     adding at the end thereof the following:

``21109. Regulatory authority.''.
       (B) The first sentence of section 21303(a)(1) is amended by 
     inserting ``including section 21103 (as such section was in 
     effect on the day before the date of enactment of the Rail 
     Safety Improvement Act of 2008),'' after ``this title,'' the 
     second place it appears.
       (f) Record Keeping and Reporting.--
       (1) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall prescribe a 
     regulation revising the requirements for recordkeeping and 
     reporting for Hours of Service of Railroad Employees 
     contained in part 228 of title 49, Code of Federal 
     Regulations--
       (A) to adjust record keeping and reporting requirements to 
     support compliance with chapter 211 of title 49, United 
     States Code, as amended by this Act;
       (B) to authorize electronic record keeping, and reporting 
     of excess service, consistent with appropriate considerations 
     for user interface; and
       (C) to require training of affected employees and 
     supervisors, including training of employees in the entry of 
     hours of service data.
       (2) Procedure.--In lieu of issuing a notice of proposed 
     rulemaking as contemplated by section 553 of title 5, United 
     States Code, the Secretary may utilize the Railroad Safety 
     Advisory Committee to assist in development of the 
     regulation. The Secretary may propose and adopt amendments to 
     the revised regulations thereafter as may be necessary in 
     light of experience under the revised requirements.
       (g) Delay in Implementation of Duty Hours Limitation 
     Changes.--The amendments made by subsections (a), (b), and 
     (c) shall take effect 9 months after the date of enactment of 
     this Act.

     SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES 
                   INFORMATION.

       (a) Amendment.--Subchapter I of chapter 201 is amended by 
     adding at the end thereof the following:

     ``Sec. 20118. Prohibition on public disclosure of railroad 
       safety analysis records

       ``(a) In General.--Except as necessary for the Secretary of 
     Transportation or another Federal agency to enforce or carry 
     out any provision of Federal law, any part of any record 
     (including, but not limited to, a railroad carrier's analysis 
     of its safety risks and its statement of the mitigation 
     measures it has identified with which to address those risks) 
     that the Secretary has obtained pursuant to a provision of, 
     or regulation or order under, this chapter related to the 
     establishment, implementation, or modification of a railroad 
     safety risk reduction program or pilot program is exempt from 
     the requirements of section 552 of title 5 if the record is--
       ``(1) supplied to the Secretary pursuant to that safety 
     risk reduction program or pilot program; or
       ``(2) made available for inspection and copying by an 
     officer, employee, or agent of the Secretary pursuant to that 
     safety risk reduction program or pilot program.
       ``(b) Exception.--Notwithstanding subsection (a), the 
     Secretary may disclose any part of any record comprised of 
     facts otherwise available to the public if, in the 
     Secretary's sole discretion, the Secretary determines that 
     disclosure would be consistent with the confidentiality 
     needed for that safety risk reduction program or pilot 
     program.
       ``(c) Discretionary Prohibition of Disclosure.--The 
     Secretary may prohibit the public disclosure of risk analyses 
     or risk mitigation analyses that the Secretary has obtained 
     under other provisions of, or regulations or orders under, 
     this chapter if the Secretary determines that the prohibition 
     of

[[Page 21060]]

     public disclosure is necessary to promote railroad safety.

     ``Sec. 20119. Study on use of certain reports and surveys

       ``(a) Study.--The Federal Railroad Administration shall 
     complete a study to evaluate whether it is in the public 
     interest, including public safety and the legal rights of 
     persons injured in railroad accidents, to withhold from 
     discovery or admission into evidence in a Federal or State 
     court proceeding for damages involving personal injury or 
     wrongful death against a carrier any report, survey, 
     schedule, list, or data compiled or collected for the purpose 
     of evaluating, planning, or implementing a railroad safety 
     risk reduction program required under this chapter, including 
     a railroad carrier's analysis of its safety risks and its 
     statement of the mitigation measures with which it will 
     address those risks. In conducting this study, the Secretary 
     shall solicit input from the railroads, railroad non-profit 
     employee labor organizations, railroad accident victims and 
     their families, and the general public.
       ``(b) Authority.--Following completion of the study 
     required under subsection (a), the Secretary, if in the 
     public interest, including public safety and the legal rights 
     of persons injured in railroad accidents, may prescribe a 
     rule subject to notice and comment to address the results of 
     the study. Any such rule prescribed pursuant to this 
     subsection shall not become effective until 1 year after its 
     adoption.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by inserting after the item relating to 
     section 20117 the following:

``20118. Prohibition on public disclosure of railroad safety analysis 
              records.
``20119. Study on use of certain reports and surveys.''.

     SEC. 110. PILOT PROJECTS.

       Section 21108 is amended to read as follows:

     ``Sec. 21108. Pilot projects

       ``(a) In General.--As of the date of enactment of the Rail 
     Safety Improvement Act of 2008, a railroad carrier or 
     railroad carriers and all nonprofit employee labor 
     organizations representing any class or craft of directly 
     affected covered service employees of the railroad carrier or 
     railroad carriers, may jointly petition the Secretary of 
     Transportation for approval of--
       ``(1) a waiver of compliance with this chapter as in effect 
     on the date of enactment of the Rail Safety Improvement Act 
     of 2008; or
       ``(2) a waiver of compliance with this chapter as it will 
     be effective 9 months after the enactment of the Rail Safety 
     Improvement Act of 2008,

     to enable the establishment of one or more pilot projects to 
     demonstrate the possible benefits of implementing 
     alternatives to the strict application of the requirements of 
     this chapter, including requirements concerning maximum on-
     duty and minimum off-duty periods.
       ``(b) Granting of Waivers.--The Secretary may, after notice 
     and opportunity for comment, approve such waivers described 
     in subsection (a) for a period not to exceed two years, if 
     the Secretary determines that such a waiver of compliance is 
     in the public interest and is consistent with railroad 
     safety.
       ``(c) Extensions.--Any such waiver, based on a new 
     petition, may be extended for additional periods of up to two 
     years, after notice and opportunity for comment. An 
     explanation of any waiver granted under this section shall be 
     published in the Federal Register.
       ``(d) Report.--The Secretary of Transportation shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives, no later than 
     December 31, 2012, or, if no projects are completed prior to 
     December 31, 2012, no later than 6 months after the 
     completion of a pilot project, a report that--
       ``(1) explains and analyzes the effectiveness of any pilot 
     project established pursuant to a waiver granted under 
     subsection (a);
       ``(2) describes the status of all other waivers granted 
     under subsection (a) and their related pilot projects, if 
     any; and
       ``(3) recommends any appropriate legislative changes to 
     this chapter.
       ``(e) Definition.--For purposes of this section, the term 
     `directly affected covered service employees' means covered 
     service employees to whose hours of service the terms of the 
     waiver petitioned for specifically apply.''.

    TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND 
                         TRESPASSER PREVENTION

     SEC. 201. PEDESTRIAN CROSSING SAFETY.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall provide guidance to railroads on 
     strategies and methods to prevent pedestrian accidents, 
     incidents, injuries, and fatalities at or near passenger 
     stations, including--
       (1) providing audible warning of approaching trains to the 
     pedestrians at railroad passenger stations;
       (2) using signs, signals, or other visual devices to warn 
     pedestrians of approaching trains;
       (3) installing infrastructure at pedestrian crossings to 
     improve the safety of pedestrians crossing railroad tracks;
       (4) installing fences to prohibit access to railroad 
     tracks; and
       (5) other strategies or methods as determined by the 
     Secretary.

     SEC. 202. STATE ACTION PLANS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall identify the 10 
     States that have had the most highway-rail grade crossing 
     collisions, on average, over the past 3 years and require 
     those States to develop a State grade crossing action plan 
     within a reasonable period of time, as determined by the 
     Secretary. The plan shall identify specific solutions for 
     improving safety at crossings, including highway-rail grade 
     crossing closures or grade separations, and shall focus on 
     crossings that have experienced multiple accidents or are at 
     high risk for such accidents. The Secretary shall provide 
     assistance to the States in developing and carrying out, as 
     appropriate, the plan. The plan may be coordinated with other 
     State or Federal planning requirements and shall cover a 
     period of time determined to be appropriate by the Secretary. 
     The Secretary may condition the awarding of any grants under 
     section 20158, 20167, or 22501 of title 49, United States 
     Code, to a State identified under this section on the 
     development of such State's plan.
       (b) Review and Approval.--Not later than 60 days after the 
     Secretary receives a plan under subsection (a), the Secretary 
     shall review and approve or disapprove it. If the proposed 
     plan is disapproved, the Secretary shall notify the affected 
     State as to the specific areas in which the proposed plan is 
     deficient, and the State shall correct all deficiencies 
     within 30 days following receipt of written notice from the 
     Secretary.

     SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL 
                   GRADE CROSSINGS.

       (a) In General.--Subchapter II of chapter 201, as amended 
     by section 105 of this division, is further amended by 
     inserting after section 20158 the following:

     ``Sec. 20159. Roadway user sight distance at highway-rail 
       grade crossings

       ``Not later than 18 months after the date of enactment of 
     the Rail Safety Improvement Act of 2008, the Secretary, after 
     consultation with the Federal Railroad Administration, the 
     Federal Highway Administration, and States, shall develop and 
     make available to States model legislation providing for 
     improving safety by addressing sight obstructions, including 
     vegetation growth, topographic features, structures, and 
     standing railroad equipment, at highway-rail grade crossings 
     that are equipped solely with passive warnings, as 
     recommended by the Inspector General of the Department of 
     Transportation in Report No. MH-2007-044.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 105 of this division, is amended 
     by inserting after the item relating to section 20158 the 
     following new item:

``20159. Roadway user sight distance at highway-rail grade 
              crossings.''.

     SEC. 204. NATIONAL CROSSING INVENTORY.

       (a) In General.--Subchapter II of chapter 201, as amended 
     by section 203 of this division, is further amended by adding 
     at the end the following new section:

     ``Sec. 20160. National crossing inventory

       ``(a) Initial Reporting of Information About Previously 
     Unreported Crossings.--Not later than 1 year after the date 
     of enactment of the Rail Safety Improvement Act of 2008 or 6 
     months after a new crossing becomes operational, whichever 
     occurs later, each railroad carrier shall--
       ``(1) report to the Secretary of Transportation current 
     information, including information about warning devices and 
     signage, as specified by the Secretary, concerning each 
     previously unreported crossing through which it operates or 
     with respect to the trackage over which it operates; or
       ``(2) ensure that the information has been reported to the 
     Secretary by another railroad carrier that operates through 
     the crossing.
       ``(b) Updating of Crossing Information.--
       ``(1) On a periodic basis beginning not later than 2 years 
     after the date of enactment of the Rail Safety Improvement 
     Act of 2008 and on or before September 30 of every year 
     thereafter, or as otherwise specified by the Secretary, each 
     railroad carrier shall--
       ``(A) report to the Secretary current information, 
     including information about warning devices and signage, as 
     specified by the Secretary, concerning each crossing through 
     which it operates or with respect to the trackage over which 
     it operates; or
       ``(B) ensure that the information has been reported to the 
     Secretary by another railroad carrier that operates through 
     the crossing.
       ``(2) A railroad carrier that sells a crossing or any part 
     of a crossing on or after the date of enactment of the Rail 
     Safety Improvement Act of 2008 shall, not later than the date 
     that is 18 months after the date of enactment of that Act or 
     3 months after the sale, whichever occurs later, or as 
     otherwise specified by the Secretary, report to the Secretary 
     current information, as specified by the Secretary, 
     concerning the change in ownership of the crossing or part of 
     the crossing.

[[Page 21061]]

       ``(c) Rulemaking Authority.--The Secretary shall prescribe 
     the regulations necessary to implement this section. The 
     Secretary may enforce each provision of the Department of 
     Transportation's statement of the national highway-rail 
     crossing inventory policy, procedures, and instruction for 
     States and railroads that is in effect on the date of 
     enactment of the Rail Safety Improvement Act of 2008, until 
     such provision is superseded by a regulation issued under 
     this section.
       ``(d) Definitions.--In this section:
       ``(1) Crossing.--The term `crossing' means a location 
     within a State, other than a location where one or more 
     railroad tracks cross one or more railroad tracks either at 
     grade or grade-separated, where--
       ``(A) a public highway, road, or street, or a private 
     roadway, including associated sidewalks and pathways, crosses 
     one or more railroad tracks either at grade or grade-
     separated; or
       ``(B) a pathway explicitly authorized by a public authority 
     or a railroad carrier that is dedicated for the use of 
     nonvehicular traffic, including pedestrians, bicyclists, and 
     others, that is not associated with a public highway, road, 
     or street, or a private roadway, crosses one or more railroad 
     tracks either at grade or grade-separated.
       ``(2) State.--The term `State' means a State of the United 
     States, the District of Columbia, or the Commonwealth of 
     Puerto Rico.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 203 of this division, is amended 
     by inserting after the item relating to section 20159 the 
     following:

``20160. National crossing inventory.''.

       (c) Reporting and Updating.--Section 130 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(l) National Crossing Inventory.--
       ``(1) Initial reporting of crossing information.--Not later 
     than 1 year after the date of enactment of the Rail Safety 
     Improvement Act of 2008 or within 6 months of a new crossing 
     becoming operational, whichever occurs later, each State 
     shall report to the Secretary of Transportation current 
     information, including information about warning devices and 
     signage, as specified by the Secretary, concerning each 
     previously unreported public crossing located within its 
     borders.
       ``(2) Periodic updating of crossing information.--On a 
     periodic basis beginning not later than 2 years after the 
     date of enactment of the Rail Safety Improvement Act of 2008 
     and on or before September 30 of every year thereafter, or as 
     otherwise specified by the Secretary, each State shall report 
     to the Secretary current information, including information 
     about warning devices and signage, as specified by the 
     Secretary, concerning each public crossing located within its 
     borders.
       ``(3) Rulemaking authority.--The Secretary shall prescribe 
     the regulations necessary to implement this subsection. The 
     Secretary may enforce each provision of the Department of 
     Transportation's statement of the national highway-rail 
     crossing inventory policy, procedures, and instructions for 
     States and railroads that is in effect on the date of 
     enactment of the Rail Safety Improvement Act of 2008, until 
     such provision is superseded by a regulation issued under 
     this subsection.
       ``(4) Definitions.--In this subsection--
       ``(A) `public crossing' means a location within a State, 
     other than a location where one or more railroad tracks cross 
     one or more railroad tracks either at grade or grade-
     separated, where--
       ``(i) a public highway, road, or street, including 
     associated sidewalks and pathways, crosses one or more 
     railroad tracks either at grade or grade-separated; or
       ``(ii) a publicly owned pathway explicitly authorized by a 
     public authority or a railroad carrier and dedicated for the 
     use of non-vehicular traffic, including pedestrians, 
     bicyclists, and others, that is not associated with a public 
     highway, road, or street, or a private roadway, crosses one 
     or more railroad tracks either at grade or grade-separated; 
     and
       ``(B) `State' means a State of the United States, the 
     District of Columbia, or Puerto Rico.''.
       (d) Civil Penalties.--
       (1) Section 21301(a)(1) is amended--
       (A) by inserting ``with section 20160 or'' after ``comply'' 
     in the first sentence; and
       (B) by inserting ``section 20160 of this title or'' after 
     ``violating'' in the second sentence.
       (2) Section 21301(a)(2) is amended by inserting ``The 
     Secretary shall impose a civil penalty for a violation of 
     section 20160 of this title.'' after the first sentence.

     SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

       (a) In General.--Section 20152 is amended to read as 
     follows:

     ``Sec. 20152. Notification of grade crossing problems

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of the Rail Safety Improvement Act of 2008, the 
     Secretary of Transportation shall require each railroad 
     carrier to--
       ``(1) establish and maintain a toll-free telephone service 
     for rights-of-way over which it dispatches trains, to 
     directly receive calls reporting--
       ``(A) malfunctions of signals, crossing gates, and other 
     devices to promote safety at the grade crossing of railroad 
     tracks on those rights-of-way and public or private roads;
       ``(B) disabled vehicles blocking railroad tracks at such 
     grade crossings;
       ``(C) obstructions to the view of a pedestrian or a vehicle 
     operator for a reasonable distance in either direction of a 
     train's approach; or
       ``(D) other safety information involving such grade 
     crossings;
       ``(2) upon receiving a report pursuant to paragraph (1)(A) 
     or (B), immediately contact trains operating near the grade 
     crossing to warn them of the malfunction or disabled vehicle;
       ``(3) upon receiving a report pursuant to paragraph (1)(A) 
     or (B), and after contacting trains pursuant to paragraph 
     (2), contact, as necessary, appropriate public safety 
     officials having jurisdiction over the grade crossing to 
     provide them with the information necessary for them to 
     direct traffic, assist in the removal of the disabled 
     vehicle, or carry out other activities as appropriate;
       ``(4) upon receiving a report pursuant to paragraph (1)(C) 
     or (D), timely investigate the report, remove the obstruction 
     if possible, or correct the unsafe circumstance; and
       ``(5) ensure the placement at each grade crossing on 
     rights-of-way that it owns of appropriately located signs, on 
     which shall appear, at a minimum--
       ``(A) a toll-free telephone number to be used for placing 
     calls described in paragraph (1) to the railroad carrier 
     dispatching trains on that right-of-way;
       ``(B) an explanation of the purpose of that toll-free 
     telephone number; and
       ``(C) the grade crossing number assigned for that crossing 
     by the National Highway-Rail Crossing Inventory established 
     by the Department of Transportation.
       ``(b) Waiver.--The Secretary may waive the requirement that 
     the telephone service be toll-free for Class II and Class III 
     rail carriers if the Secretary determines that toll-free 
     service would be cost prohibitive or unnecessary.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by striking the item relating to section 20152 
     and inserting the following:

``20152. Notification of grade crossing problems.''.

     SEC. 206. OPERATION LIFESAVER.

       (a) Grant.--The Federal Railroad Administration shall make 
     a grant or grants to Operation Lifesaver to carry out a 
     public information and education program to help prevent and 
     reduce pedestrian, motor vehicle, and other accidents, 
     incidents, injuries, and fatalities, and to improve awareness 
     along railroad rights-of-way and at highway-rail grade 
     crossings. The program shall include, as appropriate, 
     development, placement, and dissemination of Public Service 
     Announcements in newspaper, radio, television, and other 
     media. The program shall also include, as appropriate, school 
     presentations, brochures and materials, support for public 
     awareness campaigns, and related support for the activities 
     of Operation Lifesaver's member organizations. As part of an 
     educational program funded by grants awarded under this 
     section, Operation Lifesaver shall provide information to the 
     public on how to identify and report to the appropriate 
     authorities unsafe or malfunctioning highway-rail grade 
     crossings.
       (b) Pilot Program.--The Secretary may allow funds provided 
     under subsection (a) also to be used by Operation Lifesaver 
     to implement a pilot program, to be known as the Railroad 
     Safety Public Awareness Program, that addresses the need for 
     targeted and sustained community outreach on the subjects 
     described in subsection (a). Such a pilot program shall be 
     established in 1 or more States identified under section 202 
     of this division. In carrying out such a pilot program 
     Operation Lifesaver shall work with the State, community 
     leaders, school districts, and public and private partners to 
     identify the communities at greatest risk, to develop 
     appropriate measures to reduce such risks, and shall 
     coordinate the pilot program with the State grade crossing 
     action plan.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Federal Railroad Administration for 
     carrying out this section--
       (1) $2,000,000 for each of fiscal years 2010 and 2011; and
       (2) $1,500,000 for each of fiscal years 2012 and 2013.

     SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE 
                   CROSSING SAFETY.

       (a) In General.--Part B of subtitle V is amended by adding 
     at the end thereof the following:

``CHAPTER 225--FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING 
                                 SAFETY

``Sec.
``22501. Financial assistance to States for certain projects.
``22502. Distribution.
``22503. Standards for awarding grants.

[[Page 21062]]

``22504. Use of funds.
``22505. Authorization of appropriations.

     ``Sec. 22501. Financial assistance to States for certain 
       projects

       ``The Secretary of Transportation shall make grants--
       ``(1) to a maximum of 3 States per year for development or 
     continuance of enhanced public education and awareness 
     activities, in combination with targeted law enforcement, to 
     significantly reduce violations of traffic laws at highway-
     rail grade crossings and to help prevent and reduce injuries 
     and fatalities along railroad rights-of-way; and
       ``(2) to provide for priority highway-rail grade crossing 
     safety improvements, including the installation, repair, or 
     improvement of--
       ``(A) railroad crossing signals, gates, and related 
     technologies, including median barriers and four quadrant 
     gates;
       ``(B) highway traffic signalization, including highway 
     signals tied to railroad signal systems;
       ``(C) highway lighting and crossing approach signage;
       ``(D) roadway improvements, including railroad crossing 
     panels and surfaces; and
       ``(E) related work to mitigate dangerous conditions.

     ``Sec. 22502. Distribution

       ``The Secretary shall provide the grants to the State 
     agency or agencies responsible for highway-rail grade 
     crossing safety.

     ``Sec. 22503. Standards for awarding grants

       ``(a) Section 22501(1) Grants.--The Secretary shall provide 
     grants under section 22501(1) based upon the merits of the 
     proposed program of activities provided by the State and upon 
     a determination of where the grants will provide the greatest 
     safety benefits. The Secretary may give priority to States 
     that have developed and implemented a State grade crossing 
     action plan, as described under section 202 of the Rail 
     Safety Improvement Act of 2008.
       ``(b) Section 22501(2) Grants.--The Secretary shall provide 
     grants to State and local governments under section 22501(2) 
     to provide priority grade crossing safety improvements on an 
     expedited basis at a location where there has been a highway-
     rail grade crossing collision within the previous two years 
     involving major loss of life or multiple serious bodily 
     injuries.

     ``Sec. 22504. Use of funds

       ``(a) In General.--Any State receiving a grant under 
     section 22501(1) shall use the funds to develop, implement, 
     and continue to measure the effectiveness of a dedicated 
     program of public education and enforcement of highway-rail 
     crossing safety laws and to prevent casualties along railroad 
     rights-of-way. The Secretary may not make a grant under this 
     chapter available to assist a State or political subdivision 
     thereof in establishing or continuing a quiet zone pursuant 
     to part 222 of title 49, Code of Federal Regulations.
       ``(b) Maximum Grant Amount Under Section 22501(2).--No 
     grant awarded under section 22501(2) may exceed $250,000.

     ``Sec. 22505. Authorization of appropriations

       ``There are authorized to be appropriated to the Secretary 
     $1,500,000 for each of fiscal years 2010 through 2013 to 
     carry out the provisions of section 22501(1) of this chapter. 
     There are authorized to be appropriated to the Secretary 
     $1,500,000 for each of fiscal years 2010 through 2013 to 
     carry out the provisions of section 22501(2) of this chapter. 
     Amounts appropriated pursuant to this section shall remain 
     available until expended.''.
       (b) Conforming Amendment.--The subtitle analysis for 
     subtitle V is amended by inserting after the item relating to 
     chapter 223 the following:

``225. Federal grants to States for highway-rail grade cros22501''.ety.

     SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE 
                   CROSSING SAFETY.

       (a) Trespasser Prevention and Highway-Rail Grade Crossing 
     Warning Sign Violations.--Section 20151 is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 20151. Railroad trespassing, vandalism, and highway-
       rail grade crossing warning sign violation prevention 
       strategy'';

       (2) by striking subsection (a) and inserting the following:
       ``(a) Evaluation of Existing Laws.--In consultation with 
     affected parties, the Secretary of Transportation shall 
     evaluate and review current local, State, and Federal laws 
     regarding trespassing on railroad property, vandalism 
     affecting railroad safety, and violations of highway-rail 
     grade crossing signs, signals, markings, or other warning 
     devices and develop model prevention strategies and 
     enforcement laws to be used for the consideration of State 
     and local legislatures and governmental entities. The first 
     such evaluation and review shall be completed within 1 year 
     after the date of enactment of the Rail Safety Improvement 
     Act of 2008. The Secretary shall revise the model prevention 
     strategies and enforcement codes periodically.'';
       (3) by inserting ``for Trespassing and Vandalism 
     Prevention'' in the subsection heading of subsection (b) 
     after ``Outreach Program'';
       (4) in subsection (c)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' after ``Model Legislation.--''; 
     and
       (C) by adding at the end the following new paragraph:
       ``(2) Not later than 18 months after the date of enactment 
     of the Rail Safety Improvement Act of 2008, the Secretary, 
     after consultation with State and local governments and 
     railroad carriers, shall develop and make available to State 
     and local governments model State legislation providing for 
     civil or criminal penalties, or both, for violations of 
     highway-rail grade crossing signs, signals, markings, or 
     other warning devices.''; and
       (5) by adding at the end the following new subsection:
       ``(d) Definition.--In this section, the term `violation of 
     highway-rail grade crossing signs, signals, markings, or 
     other warning devices' includes any action by a motorist, 
     unless directed by an authorized safety officer--
       ``(1) to drive around a grade crossing gate in a position 
     intended to block passage over railroad tracks;
       ``(2) to drive through a flashing grade crossing signal;
       ``(3) to drive through a grade crossing with passive 
     warning signs without ensuring that the grade crossing could 
     be safely crossed before any train arrived; and
       ``(4) in the vicinity of a grade crossing, who creates a 
     hazard of an accident involving injury or property damage at 
     the grade crossing.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by striking the item relating to section 20151 
     and inserting the following:

``20151. Railroad trespassing, vandalism, and highway-rail grade 
              crossing warning sign violation prevention strategy.''.

       (c) Educational or Awareness Program Items for 
     Distribution.--Section 20134(a) is amended by adding at the 
     end the following: ``The Secretary may purchase items of 
     nominal value and distribute them to the public without 
     charge as part of an educational or awareness program to 
     accomplish the purposes of this section and of any other 
     sections of this title related to improving the safety of 
     highway-rail crossings and to preventing trespass on railroad 
     rights of way, and the Secretary shall prescribe guidelines 
     for the administration of this authority.''.

     SEC. 209. ACCIDENT AND INCIDENT REPORTING.

       The Federal Railroad Administration shall conduct an audit 
     of each Class I railroad at least once every 2 years and 
     conduct an audit of each non-Class I railroad at least once 
     every 5 years to ensure that all grade crossing collisions 
     and fatalities are reported to any Federal national accident 
     database.

     SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE 
                   SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS.

       (a) Amendment.--Subchapter II of chapter 201, as amended by 
     section 204 of this division, is further amended by adding at 
     the end the following:

     ``Sec. 20161. Fostering introduction of new technology to 
       improve safety at highway-rail grade crossings

       ``(a) Findings.--
       ``(1) Collisions between highway users and trains at 
     highway-rail grade crossings continue to cause an 
     unacceptable loss of life, serious personal injury, and 
     property damage.
       ``(2) While elimination of at-grade crossings through 
     consolidation of crossings and grade separations offers the 
     greatest long-term promise for optimizing the safety and 
     efficiency of the two modes of transportation, over 140,000 
     public grade crossings remain on the general rail system--
     approximately one for each route mile on the general rail 
     system.
       ``(3) Conventional highway traffic control devices such as 
     flashing lights and gates are often effective in warning 
     motorists of a train's approach to an equipped crossing.
       ``(4) Since enactment of the Highway Safety Act of 1973, 
     over $4,200,000,000 of Federal funding has been invested in 
     safety improvements at highway-rail grade crossings, yet a 
     majority of public highway-rail grade crossings are not yet 
     equipped with active warning systems.
       ``(5) The emergence of new technologies presents 
     opportunities for more effective and affordable warnings and 
     safer passage of highway users and trains at remaining 
     highway-rail grade crossings.
       ``(6) Implementation of new crossing safety technology will 
     require extensive cooperation between highway authorities and 
     railroad carriers.
       ``(7) Federal Railroad Administration regulations 
     establishing performance standards for processor-based signal 
     and train control systems provide a suitable framework for 
     qualification of new or novel technology at highway-rail 
     grade crossings, and the Federal Highway Administration's 
     Manual on Uniform Traffic Control Devices provides an 
     appropriate means of determining highway user interface with 
     such new technology.
       ``(b) Policy.--It is the policy of the United States to 
     encourage the development of new technology that can prevent 
     loss of life and

[[Page 21063]]

     injuries at highway-rail grade crossings. The Secretary of 
     Transportation is designated to carry out this policy in 
     consultation with States and necessary public and private 
     entities.
       ``(c) Submission of New Technology Proposals.--Railroad 
     carriers and railroad suppliers may submit for review and 
     approval to the Secretary such new technology designed to 
     improve safety at highway-rail grade crossings. The Secretary 
     shall approve by order the new technology designed to improve 
     safety at highway-rail grade crossings in accordance with 
     Federal Railroad Administration standards for the development 
     and use of processor-based signal and train control systems 
     and shall consider the effects on safety of highway-user 
     interface with the new technology.
       ``(d) Effect of Secretarial Approval.--If the Secretary 
     approves by order new technology to provide warning to 
     highway users at a highway-rail grade crossing and such 
     technology is installed at a highway-rail grade crossing in 
     accordance with the conditions of the approval, this 
     determination preempts any State statute or regulation 
     concerning the adequacy of the technology in providing 
     warning at the crossing.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 204 of this division, is further 
     amended by inserting after the item relating to section 
     20160, the following:

``20161. Fostering introduction of new technology to improve safety at 
              highway-rail grade crossings.''.

               TITLE III--FEDERAL RAILROAD ADMINISTRATION

     SEC. 301. HUMAN CAPITAL INCREASES.

       (a) In General.--The Secretary shall increase the number of 
     Federal Railroad Administration employees by--
       (1) 50 employees in fiscal year 2009;
       (2) 50 employees in fiscal year 2010;
       (3) 50 employees in fiscal year 2011;
       (4) 25 employees in fiscal year 2012; and
       (5) 25 employees in fiscal year 2013.
       (b) Functions.--In increasing the number of employees 
     pursuant to subsection (a), the Secretary shall focus on 
     hiring employees--
       (1) specifically trained to conduct on-site railroad and 
     highway-rail grade crossing accident investigations;
       (2) to implement the Railroad Safety Strategy;
       (3) to administer and implement section 20156 of title 49, 
     United States Code, relating to the Railroad Safety Risk 
     Reduction Program;
       (4) to conduct routine inspections and audits of railroad 
     and hazardous materials facilities and records for compliance 
     with railroad safety laws and regulations;
       (5) to inspect railroad bridges, tunnels, and related 
     infrastructure, and to review or analyze railroad bridge, 
     tunnel, and related infrastructure inspection reports;
       (6) to prevent or respond to natural or manmade emergency 
     situations or events involving rail infrastructure or 
     employees;
       (7) to implement section 20157 of title 49, United States 
     Code, relating to positive train control systems;
       (8) to implement section 20164 of title 49, United States 
     Code, relating to the development and use of rail safety 
     technology; and
       (9) to support the Federal Railroad Administration's safety 
     mission.

     SEC. 302. CIVIL PENALTY INCREASES.

       (a) General Violations of Chapter 201.--Section 21301(a)(2) 
     is amended--
       (1) by striking ``$10,000.'' and inserting ``$25,000.''; 
     and
       (2) by striking ``$20,000.'' and inserting ``$100,000.''.
       (b) Accident and Incident Violations of Chapter 201; 
     Violations of Chapters 203 Through 209.--Section 21302(a)(2) 
     is amended--
       (1) by striking ``$10,000.'' and inserting ``$25,000.''; 
     and
       (2) by striking ``$20,000.'' and inserting ``$100,000.''.
       (c) Violations of Chapter 211.--Section 21303(a)(2) is 
     amended--
       (1) by striking ``$10,000.'' and inserting ``$25,000.''; 
     and
       (2) by striking ``$20,000.'' and inserting ``$100,000.''.

     SEC. 303. ENFORCEMENT REPORT.

       (a) In General.--Subchapter I of chapter 201, as amended by 
     section 109 of this division, is amended by adding at the end 
     the following:

     ``Sec. 20120. Enforcement report

       ``(a) In General.--Beginning not later than December 31, 
     2009, the Secretary of Transportation shall make available to 
     the public and publish on its public website an annual report 
     that--
       ``(1) provides a summary of railroad safety and hazardous 
     materials compliance inspections and audits that Federal or 
     State inspectors conducted in the prior fiscal year organized 
     by type of alleged violation, including track, motive power 
     and equipment, signal, grade crossing, operating practices, 
     accident and incidence reporting, and hazardous materials;
       ``(2) provides a summary of all enforcement actions taken 
     by the Secretary or the Federal Railroad Administration 
     during the prior fiscal year, including--
       ``(A) the number of civil penalties assessed;
       ``(B) the initial amount of civil penalties assessed;
       ``(C) the number of civil penalty cases settled;
       ``(D) the final amount of civil penalties assessed;
       ``(E) the difference between the initial and final amounts 
     of civil penalties assessed;
       ``(F) the number of administrative hearings requested and 
     completed related to hazardous materials transportation law 
     violations or enforcement actions against individuals;
       ``(G) the number of cases referred to the Attorney General 
     for civil or criminal prosecution;
       ``(H) the number and subject matter of all compliance 
     orders, emergency orders, or precursor agreements;
       ``(3) analyzes the effect of the number of inspections 
     conducted and enforcement actions taken on the number and 
     rate of reported accidents and incidents and railroad safety;
       ``(4) provide the information required by paragraphs (2) 
     and (3)--
       ``(A) for each Class I railroad individually; and
       ``(B) in the aggregate for--
       ``(i) Class II railroads;
       ``(ii) Class III railroads;
       ``(iii) hazardous materials shippers; and
       ``(iv) individuals;
       ``(5) identifies the number of locomotive engineer 
     certification denial or revocation cases appealed to and the 
     average length of time it took to be decided by--
       ``(A) the Locomotive Engineer Review Board;
       ``(B) an Administrative Hearing Officer or Administrative 
     Law Judge; or
       ``(C) the Administrator of the Federal Railroad 
     Administration;
       ``(6) provides an explanation regarding any changes in the 
     Secretary's or the Federal Railroad Administration's 
     enforcement programs or policies that may substantially 
     affect the information reported; and
       ``(7) includes any additional information that the 
     Secretary determines is useful to improve the transparency of 
     its enforcement program.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 109 of this division, is amended 
     by inserting after the item relating to section 20119 the 
     following:

``20120. Enforcement report.''.

     SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY.

       Section 20104(a)(1) is amended by striking ``death or 
     personal injury'' and inserting ``death, personal injury, or 
     significant harm to the environment''.

     SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY-
                   SENSITIVE FUNCTIONS FOR A VIOLATION OF 
                   HAZARDOUS MATERIALS TRANSPORTATION LAW.

       Section 20111(c) is amended to read as follows:
       ``(c) Orders Prohibiting Individuals From Performing 
     Safety-Sensitive Functions.--
       ``(1) If an individual's violation of this part, chapter 51 
     of this title, or a regulation prescribed, or an order 
     issued, by the Secretary under this part or chapter 51 of 
     this title is shown to make that individual unfit for the 
     performance of safety-sensitive functions, the Secretary, 
     after providing notice and an opportunity for a hearing, may 
     issue an order prohibiting the individual from performing 
     safety-sensitive functions in the railroad industry for a 
     specified period of time or until specified conditions are 
     met.
       ``(2) This subsection does not affect the Secretary's 
     authority under section 20104 of this title to act on an 
     emergency basis.''.

     SEC. 306. RAILROAD RADIO MONITORING AUTHORITY.

       Section 20107 is amended by inserting at the end the 
     following:
       ``(c) Railroad Radio Communications.--
       ``(1) In general.--To carry out the Secretary's 
     responsibilities under this part and under chapter 51, the 
     Secretary may authorize officers, employees, or agents of the 
     Secretary to conduct, with or without making their presence 
     known, the following activities in circumstances the 
     Secretary finds to be reasonable:
       ``(A) Intercepting a radio communication, with or without 
     the consent of the sender or other receivers of the 
     communication, but only where such communication is broadcast 
     or transmitted over a radio frequency which is--
       ``(i) authorized for use by one or more railroad carriers 
     by the Federal Communications Commission; and
       ``(ii) primarily used by such railroad carriers for 
     communications in connection with railroad operations.
       ``(B) Communicating the existence, contents, substance, 
     purport, effect, or meaning of the communication, subject to 
     the restrictions in paragraph (3).
       ``(C) Receiving or assisting in receiving the communication 
     (or any information therein contained).
       ``(D) Disclosing the contents, substance, purport, effect, 
     or meaning of the communication (or any part thereof of such 
     communication) or using the communication (or any information 
     contained therein), subject to the restrictions in paragraph 
     (3), after having received the communication or acquired 
     knowledge of the contents, substance,

[[Page 21064]]

     purport, effect, or meaning of the communication (or any part 
     thereof).
       ``(E) Recording the communication by any means, including 
     writing and tape recording.
       ``(2) Accident and incident prevention and investigation.--
     The Secretary, and officers, employees, and agents of the 
     Department of Transportation authorized by the Secretary, may 
     engage in the activities authorized by paragraph (1) for the 
     purpose of accident and incident prevention and 
     investigation.
       ``(3) Use of information.--(A) Information obtained through 
     activities authorized by paragraphs (1) and (2) shall not be 
     admitted into evidence in any administrative or judicial 
     proceeding except--
       ``(i) in a prosecution of a felony under Federal or State 
     criminal law; or
       ``(ii) to impeach evidence offered by a party other than 
     the Federal Government regarding the existence, electronic 
     characteristics, content, substance, purport, effect, 
     meaning, or timing of, or identity of parties to, a 
     communication intercepted pursuant to paragraphs (1) and (2) 
     in proceedings pursuant to section 5122, 5123, 20702(b), 
     20111, 20112, 20113, or 20114 of this title.
       ``(B) If information obtained through activities set forth 
     in paragraphs (1) and (2) is admitted into evidence for 
     impeachment purposes in accordance with subparagraph (A), the 
     court, administrative law judge, or other officer before whom 
     the proceeding is conducted may make such protective orders 
     regarding the confidentiality or use of the information as 
     may be appropriate in the circumstances to protect privacy 
     and administer justice.
       ``(C) No evidence shall be excluded in an administrative or 
     judicial proceeding solely because the government would not 
     have learned of the existence of or obtained such evidence 
     but for the interception of information that is not 
     admissible in such proceeding under subparagraph (A).
       ``(D) Information obtained through activities set forth in 
     paragraphs (1) and (2) shall not be subject to publication or 
     disclosure, or search or review in connection therewith, 
     under section 552 of title 5.
       ``(E) Nothing in this subsection shall be construed to 
     impair or otherwise affect the authority of the United States 
     to intercept a communication, and collect, retain, analyze, 
     use, and disseminate the information obtained thereby, under 
     a provision of law other than this subsection.
       ``(4) Application with other law.--Section 705 of the 
     Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of 
     title 18 shall not apply to conduct authorized by and 
     pursuant to this subsection.''.

     SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION'S 
                   WEBSITE.

       (a) In General.--The Secretary shall update the Federal 
     Railroad Administration's public website to better facilitate 
     the ability of the public, including those individuals who 
     are not regular users of the public website, to find current 
     information regarding the Federal Railroad Administration's 
     activities.
       (b) Public Reporting of Violations.--On the Federal 
     Railroad Administration's public website's home page, the 
     Secretary shall provide a mechanism for the public to submit 
     written reports of potential violations of Federal railroad 
     safety and hazardous materials transportation laws, 
     regulations, and orders to the Federal Railroad 
     Administration.

     SEC. 308. EMERGENCY WAIVERS.

       Section 20103 is amended--
       (1) by striking ``Waivers.--'' in subsection (d) and 
     inserting ``Nonemergency Waivers.--'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Hearings.--The Secretary shall conduct a hearing as 
     provided by section 553 of title 5 when prescribing a 
     regulation or issuing an order under this part, including a 
     regulation or order establishing, amending, or providing a 
     waiver, described in subsection (d), of compliance with a 
     railroad safety regulation prescribed or order issued under 
     this part. An opportunity for an oral presentation shall be 
     provided.''; and
       (3) by adding at the end thereof the following:
       ``(g) Emergency Waivers.--
       ``(1) In general.--The Secretary may waive compliance with 
     any part of a regulation prescribed or order issued under 
     this part without prior notice and comment if the Secretary 
     determines that--
       ``(A) it is in the public interest to grant the waiver;
       ``(B) the waiver is not inconsistent with railroad safety; 
     and
       ``(C) the waiver is necessary to address an actual or 
     impending emergency situation or emergency event.
       ``(2) Period of waiver.--A waiver under this subsection may 
     be issued for a period of not more than 60 days and may be 
     renewed upon application to the Secretary only after notice 
     and an opportunity for a hearing on the waiver. The Secretary 
     shall immediately revoke the waiver if continuation of the 
     waiver would not be consistent with the goals and objectives 
     of this part.
       ``(3) Statement of reasons.--The Secretary shall state in 
     the decision issued under this subsection the reasons for 
     granting the waiver.
       ``(4) Consultation.--In granting a waiver under this 
     subsection, the Secretary shall consult and coordinate with 
     other Federal agencies, as appropriate, for matters that may 
     impact such agencies.
       ``(5) Emergency situation; emergency event.--In this 
     subsection, the terms `emergency situation' and `emergency 
     event' mean a natural or manmade disaster, such as a 
     hurricane, flood, earthquake, mudslide, forest fire, 
     snowstorm, terrorist act, biological outbreak, release of a 
     dangerous radiological, chemical, explosive, or biological 
     material, or a war-related activity, that poses a risk of 
     death, serious illness, severe injury, or substantial 
     property damage. The disaster may be local, regional, or 
     national in scope.''.

     SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL.

       Section 20112(a) is amended--
       (1) by inserting ``this part, except for section 20109 of 
     this title, or'' in paragraph (1) after ``enforce,'';
       (2) by striking ``21301'' in paragraph (2) and inserting 
     ``21301, 21302, or 21303'';
       (3) by striking ``subpena'' in paragraph (3) and inserting 
     ``subpoena, request for admissions, request for production of 
     documents or other tangible things, or request for testimony 
     by deposition''; and
       (4) by striking ``chapter.'' in paragraph (3) and inserting 
     ``part.''.

     SEC. 310. CRIMINAL PENALTIES.

       Section 21311(b) is amended to read as follows:
       ``(b) Accident and Incident Reports.--A railroad carrier 
     not filing a report in violation of section 20901 of this 
     title shall be fined not more than $2,500. A separate 
     violation occurs for each day the violation continues.''.

                 TITLE IV--RAILROAD SAFETY ENHANCEMENTS

     SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS.

       (a) Amendment.--Subchapter II of chapter 201, as amended by 
     section 210 of this division, is further amended by adding at 
     the end the following new section:

     ``Sec. 20162. Minimum training standards and plans

       ``(a) In General.--The Secretary of Transportation shall, 
     not later than 1 year after the date of enactment of the Rail 
     Safety Improvement Act of 2008, establish--
       ``(1) minimum training standards for each class and craft 
     of safety-related railroad employee (as defined in section 
     20102) and equivalent railroad carrier contractor and 
     subcontractor employees, which shall require railroad 
     carriers, contractors, and subcontractors to qualify or 
     otherwise document the proficiency of such employees in each 
     such class and craft regarding their knowledge of, and 
     ability to comply with, Federal railroad safety laws and 
     regulations and railroad carrier rules and procedures 
     promulgated to implement those Federal railroad safety laws 
     and regulations;
       ``(2) a requirement that railroad carriers, contractors, 
     and subcontractors develop and submit training and 
     qualification plans to the Secretary for approval, including 
     training programs and information deemed necessary by the 
     Secretary to ensure that all safety-related railroad 
     employees receive appropriate training in a timely manner; 
     and
       ``(3) a minimum training curriculum, and ongoing training 
     criteria, testing, and skills evaluation measures to ensure 
     that safety-related railroad employees, and contractor and 
     subcontractor employees, charged with the inspection of track 
     or railroad equipment are qualified to assess railroad 
     compliance with Federal standards to identify defective 
     conditions and initiate immediate remedial action to correct 
     critical safety defects that are known to contribute to 
     derailments, accidents, incidents, or injuries, and, in 
     implementing the requirements of this paragraph, take into 
     consideration existing training programs of railroad 
     carriers.
       ``(b) Approval.--The Secretary shall review and approve the 
     plans required under subsection (a)(2) utilizing an approval 
     process required for programs to certify the qualification of 
     locomotive engineers pursuant to part 240 of title 49, Code 
     of Federal Regulations.
       ``(c) Exemption.--The Secretary may exempt railroad 
     carriers and railroad carrier contractors and subcontractors 
     from submitting training plans for which the Secretary has 
     issued training regulations before the date of enactment of 
     the Rail Safety Improvement Act of 2008.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 210 of this division, is amended 
     by inserting after the item relating to section 20161 the 
     following:

``20162. Minimum training standards and plans.''.

     SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF 
                   EMPLOYEES.

       (a) Amendment.--Subchapter II of chapter 201, as amended by 
     section 401 of this division, is further amended by adding at 
     the end the following new section:

     ``Sec. 20163. Certification of train conductors

       ``(a) Regulations.--Not later than 18 months after the date 
     of enactment of the Rail Safety Improvement Act of 2008, the

[[Page 21065]]

     Secretary of Transportation shall prescribe regulations to 
     establish a program requiring the certification of train 
     conductors. In prescribing such regulations, the Secretary 
     shall require that train conductors be trained, in accordance 
     with the training standards developed pursuant to section 
     20162.
       ``(b) Program Requirements.--In developing the regulations 
     required by subsection (a), the Secretary may consider the 
     requirements of section 20135(b) through (e).''.
       (b) Report.--Not later than 6 months after promulgating 
     regulations under section 20162 of title 49, United States 
     Code, the Secretary shall issue a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure about whether the certification of certain 
     crafts or classes of railroad carrier or railroad carrier 
     contractor or subcontractor employees is necessary to reduce 
     the number and rate of accidents and incidents or to improve 
     railroad safety.
       (c) Crafts and Classes to Be Considered.--As part of the 
     report, the Secretary shall consider--
       (1) car repair and maintenance employees;
       (2) onboard service workers;
       (3) rail welders;
       (4) dispatchers;
       (5) signal repair and maintenance employees; and
       (6) any other craft or class of employees that the 
     Secretary determines appropriate.
       (d) Regulations.--The Secretary may prescribe regulations 
     requiring the certification of certain crafts or classes of 
     employees that the Secretary determines pursuant to the 
     report required by paragraph (1) are necessary to reduce the 
     number and rate of accidents and incidents or to improve 
     railroad safety.
       (e) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 401 of this division, is amended 
     by inserting after the item relating to section 20162 the 
     following:

``20163. Certification of train conductors.''.

     SEC. 403. TRACK INSPECTION TIME STUDY.

       (a) Study.--Not later that 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report containing the 
     results of a study to determine whether--
       (1) the required intervals of track inspections for each 
     class of track should be amended;
       (2) track remedial action requirements should be amended;
       (3) different track inspection and repair priorities or 
     methods should be required; and
       (4) the speed at which railroad track inspection vehicles 
     operate and the scope of the territory they generally cover 
     allow for proper inspection of the track and whether such 
     speed and appropriate scope should be regulated by the 
     Secretary.
       (b) Considerations.--In conducting the study the Secretary 
     shall consider--
       (1) the most current rail flaw, rail defect growth, rail 
     fatigue, and other relevant track- or rail-related research 
     and studies;
       (2) the availability and feasibility of developing and 
     implementing new or novel rail inspection technology for 
     routine track inspections;
       (3) information from National Transportation Safety Board 
     or Federal Railroad Administration accident investigations 
     where track defects were the cause or a contributing cause; 
     and
       (4) other relevant information, as determined by the 
     Secretary.
       (c) Update of Regulations.--Not later than 2 years after 
     the completion of the study required by subsection (a), the 
     Secretary shall prescribe regulations based on the results of 
     the study conducted under subsection (a).
       (d) Concrete Cross Ties.--Not later than 18 months after 
     the date of enactment of this Act, the Secretary shall 
     promulgate regulations for concrete cross ties. In developing 
     the regulations for class 1 through 5 track, the Secretary 
     may address, as appropriate--
       (1) limits for rail seat abrasion;
       (2) concrete cross tie pad wear limits;
       (3) missing or broken rail fasteners;
       (4) loss of appropriate toeload pressure;
       (5) improper fastener configurations; and
       (6) excessive lateral rail movement.

     SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION 
                   PLATFORM GAPS.

       Not later than 2 years after the enactment of this Act, the 
     Secretary shall complete a study to determine the most safe, 
     efficient, and cost-effective way to improve the safety of 
     rail passenger station platforms gaps in order to increase 
     compliance with the requirements under the Americans with 
     Disabilities Act (42 U.S.C. 12101 et seq.), including 
     regulations issued pursuant to section 504 of such Act (42 
     U.S.C. 12204) and to minimize the safety risks associated 
     with such gaps for railroad passengers and employees.

     SEC. 405. LOCOMOTIVE CAB STUDIES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, through the Railroad 
     Safety Advisory Committee if the Secretary makes such a 
     request, shall complete a study on the safety impact of the 
     use of personal electronic devices, including cell phones, 
     video games, and other distracting devices, by safety-related 
     railroad employees (as defined in section 20102(4) of title 
     49, United States Code), during the performance of such 
     employees' duties. The study shall consider the prevalence of 
     the use of such devices.
       (b) Locomotive Cab Environment.--The Secretary may also 
     study other elements of the locomotive cab environment and 
     their effect on an employee's health and safety.
       (c) Report.--Not later than 6 months after the completion 
     of any study under this section, the Secretary shall issue a 
     report on the study to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.
       (d) Authority.--Based on the conclusions of the study 
     required under (a), the Secretary of Transportation may 
     prohibit the use of personal electronic devices, such as cell 
     phones, video games, or other electronic devices that may 
     distract employees from safely performing their duties, 
     unless those devices are being used according to railroad 
     operating rules or for other work purposes. Based on the 
     conclusions of other studies conducted under subsection (b), 
     the Secretary may prescribe regulations to improve elements 
     of the cab environment to protect an employee's health and 
     safety.

     SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.

       (a) In General.--Subchapter II of chapter 201, as amended 
     by section 402 of this division, is further amended by adding 
     at the end the following new section:

     ``Sec. 20164. Development and use of rail safety technology

       ``(a) In General.--Not later than 1 year after enactment of 
     the Railroad Safety Enhancement Act of 2008, the Secretary of 
     Transportation shall prescribe standards, guidance, 
     regulations, or orders governing the development, use, and 
     implementation of rail safety technology in dark territory, 
     in arrangements not defined in section 20501 or otherwise not 
     covered by Federal standards, guidance, regulations, or 
     orders that ensure the safe operation of such technology, 
     such as--
       ``(1) switch position monitoring devices or indicators;
       ``(2) radio, remote control, or other power-assisted 
     switches;
       ``(3) hot box, high water, or earthquake detectors;
       ``(4) remote control locomotive zone limiting devices;
       ``(5) slide fences;
       ``(6) grade crossing video monitors;
       ``(7) track integrity warning systems; or
       ``(8) other similar rail safety technologies, as determined 
     by the Secretary.
       ``(b) Dark Territory Defined.--In this section, the term 
     `dark territory' means any territory in a railroad system 
     that does not have a signal or train control system installed 
     or operational.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 402 of this division, is amended 
     by inserting after the item relating to section 20163 the 
     following:

``20164. Development and use of rail safety technology.''.

     SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS.

       Section 20102(3), as redesignated by section 2(b) of this 
     division, is amended to read as follows:
       ``(3) `railroad carrier' means a person providing railroad 
     transportation, except that, upon petition by a group of 
     commonly controlled railroad carriers that the Secretary 
     determines is operating within the United States as a single, 
     integrated rail system, the Secretary may by order treat the 
     group of railroad carriers as a single railroad carrier for 
     purposes of one or more provisions of part A, subtitle V of 
     this title and implementing regulations and order, subject to 
     any appropriate conditions that the Secretary may impose.''.

     SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall complete a study of the impacts of 
     repealing section 711 of the Regional Rail Reorganization Act 
     of 1973 (45 U.S.C. 797j). Not later than 6 months after 
     completing the study, the Secretary shall transmit a report 
     with the Secretary's findings, conclusions, and 
     recommendations to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure.

     SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG TESTING 
                   BY RAILROAD CARRIERS.

       (a) In General.--Chapter 201, as amended by section 406 of 
     this division, is further amended by adding at the end the 
     following:

     ``Sec. 20165. Limitations on non-Federal alcohol and drug 
       testing

       ``(a) Testing Requirements.--Any non-Federal alcohol and 
     drug testing program of a railroad carrier must provide that 
     all post-employment tests of the specimens of employees who 
     are subject to both the program and chapter 211 of this title 
     be conducted using a scientifically recognized method of 
     testing capable of determining the presence

[[Page 21066]]

     of the specific analyte at a level above the cut-off level 
     established by the carrier.
       ``(b) Redress Process.--Each railroad carrier that has a 
     non-Federal alcohol and drug testing program must provide a 
     redress process to its employees who are subject to both the 
     alcohol and drug testing program and chapter 211 of this 
     title for such an employee to petition for and receive a 
     carrier hearing to review his or her specimen test results 
     that were determined to be in violation of the program. A 
     dispute or grievance raised by a railroad carrier or its 
     employee, except a probationary employee, in connection with 
     the carrier's alcohol and drug testing program and the 
     application of this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153).''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 406 of this division, is further 
     amended by inserting after the item relating to section 20164 
     the following:

``20165. Limitations on non-Federal alcohol and drug testing by 
              railroad carriers.''.

     SEC. 410. CRITICAL INCIDENT STRESS PLAN.

       (a) In General.--The Secretary of Transportation, in 
     consultation with the Secretary of Labor and the Secretary of 
     Health and Human Services, as appropriate, shall require each 
     Class I railroad carrier, each intercity passenger railroad 
     carrier, and each commuter railroad carrier to develop and 
     submit for approval to the Secretary a critical incident 
     stress plan that provides for debriefing, counseling, 
     guidance, and other appropriate support services to be 
     offered to an employee affected by a critical incident.
       (b) Plan Requirements.--Each such plan shall include 
     provisions for--
       (1) relieving an employee who was involved in a critical 
     incident of his or her duties for the balance of the duty 
     tour, following any actions necessary for the safety of 
     persons and contemporaneous documentation of the incident;
       (2) upon the employee's request, relieving an employee who 
     witnessed a critical incident of his or her duties following 
     any actions necessary for the safety of persons and 
     contemporaneous documentation of the incident; and
       (3) providing such leave from normal duties as may be 
     necessary and reasonable to receive preventive services, 
     treatment, or both, related to the incident.
       (c) Secretary To Define What Constitutes A Critical 
     Incident.--Within 30 days after the date of enactment of this 
     Act, the Secretary shall initiate a rulemaking proceeding to 
     define the term ``critical incident'' for the purposes of 
     this section.

     SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION 
                   STUDY.

       (a) Study.--The Secretary of Transportation shall, in 
     consultation with the Secretary of Energy, the Secretary of 
     Labor, the Administrator of the Environmental Protection 
     Agency, and the Chairman of the Nuclear Regulatory 
     Commission, as appropriate, conduct a study of the potential 
     hazards to which employees of railroad carriers and railroad 
     contractors or subcontractors are exposed during the 
     transportation of high-level radioactive waste and spent 
     nuclear fuel (as defined in section 5101(a) of title 49, 
     United States Code), supplementing the report submitted under 
     section 5101(b) of that title, which may include--
       (1) an analysis of the potential application of ``as low as 
     reasonably achievable'' principles for exposure to radiation 
     to such employees with an emphasis on the need for special 
     protection from radiation exposure for such employees during 
     the first trimester of pregnancy or who are undergoing or 
     have recently undergone radiation therapy;
       (2) the feasibility of requiring real-time dosimetry 
     monitoring for such employees;
       (3) the feasibility of requiring routine radiation exposure 
     monitoring in fixed railroad locations, such as yards and 
     repair facilities; and
       (4) a review of the effectiveness of the Department's 
     packaging requirements for radioactive materials.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     transmit a report on the results of the study required by 
     subsection (a) and any recommendations to further protect 
     employees of a railroad carrier or of a contractor or 
     subcontractor to a railroad carrier from unsafe exposure to 
     radiation during the transportation of high-level radioactive 
     waste and spent nuclear fuel to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
       (c) Regulatory Authority.--The Secretary of Transportation 
     may issue regulations that the Secretary determines 
     appropriate, pursuant to the report required by subsection 
     (b), to protect railroad employees from unsafe exposure to 
     radiation during the transportation of radioactive materials.

     SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR 
                   MAINTENANCE-OF-WAY EMPLOYEES.

       Not later than 2 years following the date of enactment of 
     this Act, the Secretary of Transportation shall complete a 
     rulemaking proceeding to revise the regulations prescribed 
     under section 20140 of title 49, United States Code, to cover 
     all employees of railroad carriers and contractors or 
     subcontractors to railroad carriers who perform maintenance-
     of-way activities.

     SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS.

       (a) Amendment.--Subchapter II of chapter 201, as amended by 
     section 409 of this division, is further amended by adding at 
     the end the following new section:

     ``Sec. 20166. Emergency escape breathing apparatus

       ``Not later than 18 months after the date of enactment of 
     the Rail Safety Improvement Act of 2008, the Secretary of 
     Transportation shall prescribe regulations that require 
     railroad carriers--
       ``(1) to provide emergency escape breathing apparatus 
     suitable to provide head and neck coverage with respiratory 
     protection for all crewmembers in locomotive cabs on freight 
     trains carrying hazardous materials that would pose an 
     inhalation hazard in the event of release;
       ``(2) to provide convenient storage in each freight train 
     locomotive to enable crewmembers to access such apparatus 
     quickly;
       ``(3) to maintain such equipment in proper working 
     condition; and
       ``(4) to provide their crewmembers with appropriate 
     training for using the breathing apparatus.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 409 of this division, is amended 
     by inserting after the item relating to section 20165 the 
     following:

``20166. Emergency escape breathing apparatus.''.

     SEC. 414. TUNNEL INFORMATION.

       Not later than 120 days after the date of enactment of this 
     Act, each railroad carrier shall, with respect to each of its 
     tunnels which--
       (1) are longer than 1000 feet and located under a city with 
     a population of 400,000 or greater; or
       (2) carry 5 or more scheduled passenger trains per day, or 
     500 or more carloads of poison- or toxic-by-inhalation 
     hazardous materials (as defined in parts 171.8, 173.115, and 
     173.132 of title 49, Code of Federal Regulations) per year,
     maintain, for at least two years, historical documentation of 
     structural inspection and maintenance activities for such 
     tunnels, including information on the methods of ingress and 
     egress into and out of the tunnel, the types of cargos 
     typically transported through the tunnel, and schematics or 
     blueprints for the tunnel, when available. Upon request, a 
     railroad carrier shall provide periodic briefings on such 
     information to the governments of the local jurisdiction in 
     which the tunnel is located, including updates whenever a 
     repair or rehabilitation project substantially alters the 
     methods of ingress and egress. Such governments shall use 
     appropriate means to protect and restrict the distribution of 
     any security sensitive information (as defined in part 1520.5 
     of title 49, Code of Federal Regulations) provided by the 
     railroad carrier under this section, consistent with national 
     security interests.

     SEC. 415. MUSEUM LOCOMOTIVE STUDY.

       (a) Study.--The Secretary shall conduct a study of the 
     requirements relating to safety inspections of diesel-
     electric locomotives and equipment that are operated in 
     limited service by railroad-related museums, historical 
     societies, and tourist or scenic railroads. The study shall 
     include an analysis of the safety consequences of requiring 
     less frequent inspections of such locomotives and equipment, 
     including periodic inspections or inspections based on 
     service days and air brake inspections.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit a report 
     on the results of the study conducted under subsection (a) to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.

     SEC. 416. SAFETY INSPECTIONS IN MEXICO.

       Mechanical and brake inspections of rail cars performed in 
     Mexico shall not be treated as satisfying United States rail 
     safety laws or regulations unless the Secretary of 
     Transportation certifies that--
       (1) such inspections are being performed under regulations 
     and standards equivalent to those applicable in the United 
     States;
       (2) the inspections are being performed by employees that 
     have received training similar to the training received by 
     similar railroad employees in the United States;
       (3) inspection records that are required to be available to 
     the crewmembers on board the train, including air slips and 
     blue cards, are maintained in both English and Spanish, and 
     such records are available to the Federal Railroad 
     Administration for review; and
       (4) the Federal Railroad Administration is permitted to 
     perform onsite inspections for the purpose of ensuring 
     compliance with the requirements of this subsection.

     SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary shall promulgate a 
     regulation requiring owners of track carried on one or

[[Page 21067]]

     more railroad bridges to adopt a bridge safety management 
     program to prevent the deterioration of railroad bridges and 
     reduce the risk of human casualties, environmental damage, 
     and disruption to the Nation's railroad transportation system 
     that would result from a catastrophic bridge failure.
       (b) Requirements.--The regulations shall, at a minimum, 
     require each track owner to--
       (1) to develop and maintain an accurate inventory of its 
     railroad bridges, which shall identify the location of each 
     bridge, its configuration, type of construction, number of 
     spans, span lengths, and all other information necessary to 
     provide for the safe management of the bridges;
       (2) to ensure that a professional engineer competent in the 
     field of railroad bridge engineering, or a qualified person 
     under the supervision of the track owner, determines bridge 
     capacity;
       (3) to maintain, and update as appropriate, a record of the 
     safe capacity of each bridge which carries its track and, if 
     available, maintain the original design documents of each 
     bridge and a documentation of all repairs, modifications, and 
     inspections of the bridge;
       (4) to develop, maintain, and enforce a written procedure 
     that will ensure that its bridges are not loaded beyond their 
     capacities;
       (5) to conduct regular comprehensive inspections of each 
     bridge, at least once every year, and maintain records of 
     those inspections that include the date on which the 
     inspection was performed, the precise identification of the 
     bridge inspected, the items inspected, an accurate 
     description of the condition of those items, and a narrative 
     of any inspection item that is found by the inspector to be a 
     potential problem;
       (6) to ensure that the level of detail and the inspection 
     procedures are appropriate to the configuration of the 
     bridge, conditions found during previous inspections, and the 
     nature of the railroad traffic moved over the bridge, 
     including car weights, train frequency and length, levels of 
     passenger and hazardous materials traffic, and vulnerability 
     of the bridge to damage;
       (7) to ensure that an engineer who is competent in the 
     field of railroad bridge engineering--
       (A) is responsible for the development of all inspection 
     procedures;
       (B) reviews all inspection reports; and
       (C) determines whether bridges are being inspected 
     according to the applicable procedures and frequency, and 
     reviews any items noted by an inspector as exceptions; and
       (8) to designate qualified bridge inspectors or maintenance 
     personnel to authorize the operation of trains on bridges 
     following repairs, damage, or indications of potential 
     structural problems.
       (c) Use of Bridge Management Programs Required.--The 
     Secretary shall instruct bridge experts to obtain copies of 
     the most recent bridge management programs of each railroad 
     within the expert's areas of responsibility, and require that 
     experts use those programs when conducting bridge 
     observations.
       (d) Review of Data.--The Secretary shall establish a 
     program to periodically review bridge inspection and 
     maintenance data from railroad carrier bridge inspectors and 
     Federal Railroad Administration bridge experts.

     SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT GRANTS.

       (a) In General.--Subchapter II of chapter 201, as amended 
     by section 413 of this division, is further amended by adding 
     at the end thereof the following:

     ``Sec. 20167. Railroad safety infrastructure improvement 
       grants

       ``(a) Grant Program.--The Secretary of Transportation shall 
     establish a grant program for safety improvements to railroad 
     infrastructure, including the acquisition, improvement, or 
     rehabilitation of intermodal or rail equipment or facilities, 
     including track, bridges, tunnels, yards, buildings, 
     passenger stations, facilities, and maintenance and repair 
     shops.
       ``(b) Eligibility.--Grants shall be made under this section 
     to eligible passenger and freight railroad carriers, and 
     State and local governments for projects described in 
     subsection (a). Grants shall also be made available to assist 
     a State or political subdivision thereof in establishing a 
     quiet zone pursuant to part 222 of title 49, Code of Federal 
     Regulations.
       ``(c) Considerations.--In awarding grants, the Secretary 
     shall consider, at a minimum--
       ``(1) the age and condition of the rail infrastructure of 
     the applicant;
       ``(2) the railroad carrier's safety record, including 
     accident and incident numbers and rates;
       ``(3) the volume of hazardous materials transported by the 
     railroad;
       ``(4) the operation of passenger trains over the railroad; 
     and
       ``(5) whether the railroad carrier has submitted a railroad 
     safety risk reduction program, as required by section 20156.
       ``(d) Matching Requirements.--Federal funds for any 
     eligible project under this section shall not exceed 50 
     percent of the total cost of such project.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation $5,000,000 for each of fiscal years 2010 
     through 2013 to carry out this section. Amounts appropriated 
     pursuant to this subsection shall remain available until 
     expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201, as amended by section 413 of this division, is amended 
     by inserting after the item relating to section 20166 the 
     following:

``20167. Railroad safety infrastructure improvement grants.''.

     SEC. 419. PROMPT MEDICAL ATTENTION.

       (a) In General.--Section 20109 is amended--
       (1) by redesignating subsections (c) through (i) as 
     subsections (d) through (j), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Prompt Medical Attention.--
       ``(1) Prohibition.--A railroad carrier or person covered 
     under this section may not deny, delay, or interfere with the 
     medical or first aid treatment of an employee who is injured 
     during the course of employment. If transportation to a 
     hospital is requested by an employee who is injured during 
     the course of employment, the railroad shall promptly arrange 
     to have the injured employee transported to the nearest 
     hospital where the employee can receive safe and appropriate 
     medical care.
       ``(2) Discipline.--A railroad carrier or person covered 
     under this section may not discipline, or threaten discipline 
     to, an employee for requesting medical or first aid 
     treatment, or for following orders or a treatment plan of a 
     treating physician, except that a railroad carrier's refusal 
     to permit an employee to return to work following medical 
     treatment shall not be considered a violation of this section 
     if the refusal is pursuant to Federal Railroad Administration 
     medical standards for fitness of duty or, if there are no 
     pertinent Federal Railroad Administration standards, a 
     carrier's medical standards for fitness for duty. For 
     purposes of this paragraph, the term `discipline' means to 
     bring charges against a person in a disciplinary proceeding, 
     suspend, terminate, place on probation, or make note of 
     reprimand on an employee's record.''.
       (b) Conforming Amendments.--Section 20109 is amended--
       (1) in subsection (d), as redesignated by subsection (a) of 
     this section--
       (A) by striking ``(a) or (b)'' in paragraph (1) and 
     inserting ``(a), (b), or (c)'';
       (B) by striking ``(c)(1)'' in paragraph (2)(A)(i) and 
     inserting ``(d)(1)'';
       (C) by striking ``(a) or (b)'' in paragraph (2)(A)(ii) and 
     inserting ``(a), (b), or (c)''; and
       (2) in subsection (e), as so redesignated--
       (A) by striking ``(c)'' in paragraph (1) and inserting 
     ``(d)'';
       (B) by striking ``(c)'' in paragraph (2) and inserting 
     ``(d)'';
       (C) by striking ``(c)(3)'' in paragraph (2) and inserting 
     ``(d)(3)''; and
       (D) by striking ``(c)'' in paragraph (3) and inserting 
     ``(d)''.

     SEC. 420. EMPLOYEE SLEEPING QUARTERS.

       Section 21106 is amended--
       (1) by inserting ``(a) In General.--'' before ``A railroad 
     carrier'';
       (2) by striking ``sanitary and give those employees and 
     individuals an opportunity for rest free from the 
     interruptions caused by noise under the control of the 
     carrier;'' in paragraph (1) and inserting ``sanitary, give 
     those employees and individuals an opportunity for rest free 
     from the interruptions caused by noise under the control of 
     the carrier, and provide indoor toilet facilities, potable 
     water, and other features to protect the health of 
     employees;''; and
       (3) by adding at the end the following:
       ``(b) Camp Cars.--Not later than December 31, 2009, any 
     railroad carrier that uses camp cars shall fully retrofit or 
     replace such cars in compliance with subsection (a).
       ``(c) Regulations.--Not later than April 1, 2010, the 
     Secretary of Transportation, in coordination with the 
     Secretary of Labor, shall prescribe regulations to implement 
     subsection (a)(1) to protect the safety and health of any 
     employees and individuals employed to maintain the right of 
     way of a railroad carrier that uses camp cars, which shall 
     require that all camp cars comply with those regulations by 
     December 31, 2010. In prescribing the regulations, the 
     Secretary shall assess the action taken by any railroad 
     carrier to fully retrofit or replace its camp cars pursuant 
     to this section.
       ``(d) Compliance and Enforcement.--The Secretary shall 
     determine whether a railroad carrier has fully retrofitted or 
     replaced a camp car pursuant to subsection (b) and shall 
     prohibit the use of any non-compliant camp car. The Secretary 
     may assess civil penalties pursuant to chapter 213 for 
     violations of this section.''.

           TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

     SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD 
                   TO FAMILIES OF PASSENGERS INVOLVED IN RAIL 
                   PASSENGER ACCIDENTS.

       (a) In General.--Chapter 11 is amended by adding at the end 
     of subchapter III the following:

[[Page 21068]]



     ``Sec. 1139. Assistance to families of passengers involved in 
       rail passenger accidents

       ``(a) In General.--As soon as practicable after being 
     notified of a rail passenger accident within the United 
     States involving a rail passenger carrier and resulting in a 
     major loss of life, the Chairman of the National 
     Transportation Safety Board shall--
       ``(1) designate and publicize the name and phone number of 
     a director of family support services who shall be an 
     employee of the Board and shall be responsible for acting as 
     a point of contact within the Federal Government for the 
     families of passengers involved in the accident and a liaison 
     between the rail passenger carrier and the families; and
       ``(2) designate an independent nonprofit organization, with 
     experience in disasters and post trauma communication with 
     families, which shall have primary responsibility for 
     coordinating the emotional care and support of the families 
     of passengers involved in the accident.
       ``(b) Responsibilities of the Board.--The Board shall have 
     primary Federal responsibility for--
       ``(1) facilitating the recovery and identification of 
     fatally injured passengers involved in an accident described 
     in subsection (a); and
       ``(2) communicating with the families of passengers 
     involved in the accident as to the roles, with respect to the 
     accident and the post-accident activities, of--
       ``(A) the organization designated for an accident under 
     subsection (a)(2);
       ``(B) Government agencies; and
       ``(C) the rail passenger carrier involved.
       ``(c) Responsibilities of Designated Organization.--The 
     organization designated for an accident under subsection 
     (a)(2) shall have the following responsibilities with respect 
     to the families of passengers involved in the accident:
       ``(1) To provide mental health and counseling services, in 
     coordination with the disaster response team of the rail 
     passenger carrier involved.
       ``(2) To take such actions as may be necessary to provide 
     an environment in which the families may grieve in private.
       ``(3) To meet with the families who have traveled to the 
     location of the accident, to contact the families unable to 
     travel to such location, and to contact all affected families 
     periodically thereafter until such time as the organization, 
     in consultation with the director of family support services 
     designated for the accident under subsection (a)(1), 
     determines that further assistance is no longer needed.
       ``(4) To arrange a suitable memorial service, in 
     consultation with the families.
       ``(d) Passenger Lists.--
       ``(1) Requests for passenger lists.--
       ``(A) Requests by director of family support services.--It 
     shall be the responsibility of the director of family support 
     services designated for an accident under subsection (a)(1) 
     to request, as soon as practicable, from the rail passenger 
     carrier involved in the accident a list, which is based on 
     the best available information at the time of the request, of 
     the names of the passengers that were aboard the rail 
     passenger carrier's train involved in the accident. A rail 
     passenger carrier shall use reasonable efforts, with respect 
     to its unreserved trains, and passengers not holding 
     reservations on its other trains, to ascertain the names of 
     passengers aboard a train involved in an accident.
       ``(B) Requests by designated organization.--The 
     organization designated for an accident under subsection 
     (a)(2) may request from the rail passenger carrier involved 
     in the accident a list described in subparagraph (A).
       ``(2) Use of information.--Except as provided in subsection 
     (k), the director of family support services and the 
     organization may not release to any person information on a 
     list obtained under paragraph (1) but may provide information 
     on the list about a passenger to the family of the passenger 
     to the extent that the director of family support services or 
     the organization considers appropriate.
       ``(e) Continuing Responsibilities of the Board.--In the 
     course of its investigation of an accident described in 
     subsection (a), the Board shall, to the maximum extent 
     practicable, ensure that the families of passengers involved 
     in the accident--
       ``(1) are briefed, prior to any public briefing, about the 
     accident and any other findings from the investigation; and
       ``(2) are individually informed of and allowed to attend 
     any public hearings and meetings of the Board about the 
     accident.
       ``(f) Use of Rail Passenger Carrier Resources.--To the 
     extent practicable, the organization designated for an 
     accident under subsection (a)(2) shall coordinate its 
     activities with the rail passenger carrier involved in the 
     accident to facilitate the reasonable use of the resources of 
     the carrier.
       ``(g) Prohibited Actions.--
       ``(1) Actions to impede the board.--No person (including a 
     State or political subdivision thereof) may impede the 
     ability of the Board (including the director of family 
     support services designated for an accident under subsection 
     (a)(1)), or an organization designated for an accident under 
     subsection (a)(2), to carry out its responsibilities under 
     this section or the ability of the families of passengers 
     involved in the accident to have contact with one another.
       ``(2) Unsolicited communications.--No unsolicited 
     communication concerning a potential action or settlement 
     offer for personal injury or wrongful death may be made by an 
     attorney (including any associate, agent, employee, or other 
     representative of an attorney) or any potential party to the 
     litigation, including the railroad carrier or rail passenger 
     carrier, to an individual (other than an employee of the rail 
     passenger carrier) injured in the accident, or to a relative 
     of an individual involved in the accident, before the 45th 
     day following the date of the accident.
       ``(3) Prohibition on actions to prevent mental health and 
     counseling services.--No State or political subdivision 
     thereof may prevent the employees, agents, or volunteers of 
     an organization designated for an accident under subsection 
     (a)(2) from providing mental health and counseling services 
     under subsection (c)(1) in the 30-day period beginning on the 
     date of the accident. The director of family support services 
     designated for the accident under subsection (a)(1) may 
     extend such period for not to exceed an additional 30 days if 
     the director determines that the extension is necessary to 
     meet the needs of the families and if State and local 
     authorities are notified of the determination.
       ``(h) Definitions.--In this section:
       ``(1) Rail passenger accident.--The term `rail passenger 
     accident' means any rail passenger disaster resulting in a 
     major loss of life occurring in the provision of--
       ``(A) interstate intercity rail passenger transportation 
     (as such term is defined in section 24102); or
       ``(B) interstate or intrastate high-speed rail (as such 
     term is defined in section 26105) transportation,
     regardless of its cause or suspected cause.
       ``(2) Rail passenger carrier.--The term `rail passenger 
     carrier' means a rail carrier providing--
       ``(A) interstate intercity rail passenger transportation 
     (as such term is defined in section 24102); or
       ``(B) interstate or intrastate high-speed rail (as such 
     term is defined in section 26105) transportation,
     except that such term does not include a tourist, historic, 
     scenic, or excursion rail carrier.
       ``(3) Passenger.--The term `passenger' includes--
       ``(A) an employee of a rail passenger carrier aboard a 
     train;
       ``(B) any other person aboard the train without regard to 
     whether the person paid for the transportation, occupied a 
     seat, or held a reservation for the rail transportation; and
       ``(C) any other person injured or killed in a rail 
     passenger accident, as determined appropriate by the Board.
       ``(i) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that a 
     rail passenger carrier may take, or the obligations that a 
     rail passenger carrier may have, in providing assistance to 
     the families of passengers involved in a rail passenger 
     accident.
       ``(j) Relinquishment of Investigative Priority.--
       ``(1) General rule.--This section (other than subsection 
     (g)) shall not apply to a railroad passenger accident if the 
     Board has relinquished investigative priority under section 
     1131(a)(2)(B) and the Federal agency to which the Board 
     relinquished investigative priority is willing and able to 
     provide assistance to the victims and families of the 
     passengers involved in the accident.
       ``(2) Board assistance.--If this section does not apply to 
     a railroad passenger accident because the Board has 
     relinquished investigative priority with respect to the 
     accident, the Board shall assist, to the maximum extent 
     possible, the agency to which the Board has relinquished 
     investigative priority in assisting families with respect to 
     the accident.
       ``(k) Savings Clause.--Nothing in this section shall be 
     construed to abridge the authority of the Board or the 
     Secretary of Transportation to investigate the causes or 
     circumstances of any rail accident, including development of 
     information regarding the nature of injuries sustained and 
     the manner in which they were sustained for the purposes of 
     determining compliance with existing laws and regulations or 
     for identifying means of preventing similar injuries in the 
     future, or both.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     11 is amended by inserting after the item relating to section 
     1138 the following:

``1139. Assistance to families of passengers involved in rail passenger 
              accidents.''.

     SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF 
                   PASSENGERS INVOLVED IN RAIL PASSENGER 
                   ACCIDENTS.

       (a) In General.--Chapter 243 is amended by adding at the 
     end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of

[[Page 21069]]

     the Rail Safety Improvement Act of 2008, a rail passenger 
     carrier shall submit to the Chairman of the National 
     Transportation Safety Board, the Secretary of Transportation, 
     and the Secretary of Homeland Security a plan for addressing 
     the needs of the families of passengers involved in any rail 
     passenger accident involving a rail passenger carrier 
     intercity train and resulting in a major loss of life.
       ``(b) Contents of Plans.--A plan to be submitted by a rail 
     passenger carrier under subsection (a) shall include, at a 
     minimum, the following:
       ``(1) A process by which a rail passenger carrier will 
     maintain and provide to the National Transportation Safety 
     Board, the Secretary of Transportation, and the Secretary of 
     Homeland Security immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for the rail 
     passenger carrier to use reasonable efforts to ascertain the 
     names of passengers aboard a train involved in an accident.
       ``(2) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, either by utilizing the services of the 
     organization designated for the accident under section 
     1139(a)(2) of this title or the services of other suitably 
     trained individuals.
       ``(3) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as the 
     rail passenger carrier has verified that the passenger was 
     aboard the train (whether or not the names of all of the 
     passengers have been verified).
       ``(5) An assurance that, upon request of the family of a 
     passenger, the rail passenger carrier will inform the family 
     of whether the passenger's name appeared on any preliminary 
     passenger manifest for the train involved in the accident.
       ``(6) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within the control of the 
     rail passenger carrier and by which any possession of the 
     passenger within the control of the rail passenger carrier 
     (regardless of its condition)--
       ``(A) will be retained by the rail passenger carrier for at 
     least 18 months; and
       ``(B) will be returned to the family unless the possession 
     is needed for the accident investigation or any criminal 
     investigation.
       ``(7) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(8) An assurance that the rail passenger carrier will 
     provide adequate training to the employees and agents of the 
     carrier to meet the needs of survivors and family members 
     following an accident.
       ``(9) An assurance that the family of each passenger or 
     other person killed in the accident will be consulted about 
     construction by the rail passenger carrier of any monument to 
     the passengers, including any inscription on the monument.
       ``(10) An assurance that the rail passenger carrier will 
     work with any organization designated under section 
     1139(a)(2) of this title on an ongoing basis to ensure that 
     families of passengers receive an appropriate level of 
     services and assistance following each accident.
       ``(11) An assurance that the rail passenger carrier will 
     provide reasonable compensation to any organization 
     designated under section 1139(a)(2) of this title for 
     services provided by the organization.
       ``(c) Use of Information.--Neither the National 
     Transportation Safety Board, the Secretary of Transportation, 
     the Secretary of Homeland Security, nor a rail passenger 
     carrier may release to the public any personal information on 
     a list obtained under subsection (b)(1), but may provide 
     information on the list about a passenger to the passenger's 
     family members to the extent that the Board or a rail 
     passenger carrier considers appropriate.
       ``(d) Limitation on Statutory Construction.--
       ``(1) Rail passenger carriers.--Nothing in this section may 
     be construed as limiting the actions that a rail passenger 
     carrier may take, or the obligations that a rail passenger 
     carrier may have, in providing assistance to the families of 
     passengers involved in a rail passenger accident.
       ``(2) Investigational authority of board and secretary.--
     Nothing in this section shall be construed to abridge the 
     authority of the Board or the Secretary of Transportation to 
     investigate the causes or circumstances of any rail accident, 
     including the development of information regarding the nature 
     of injuries sustained and the manner in which they were 
     sustained, for the purpose of determining compliance with 
     existing laws and regulations or identifying means of 
     preventing similar injuries in the future.
       ``(e) Limitation on Liability.--A rail passenger carrier 
     shall not be liable for damages in any action brought in a 
     Federal or State court arising out of the performance of the 
     rail passenger carrier in preparing or providing a passenger 
     list, or in providing information concerning a train 
     reservation, pursuant to a plan submitted by the rail 
     passenger carrier under subsection (b), unless such liability 
     was caused by conduct of the rail passenger carrier which was 
     grossly negligent or which constituted intentional 
     misconduct.
       ``(f) Definitions.--In this section, the terms `passenger' 
     and `rail passenger accident' have the meaning given those 
     terms by section 1139 of this title.
       ``(g) Funding.--Out of funds appropriated pursuant to 
     section 20117(a)(1)(A), there shall be made available to the 
     Secretary of Transportation $500,000 for fiscal year 2010 to 
     carry out this section. Amounts made available pursuant to 
     this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 is amended by inserting after the item relating to 
     section 24315 the following:

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

     SEC. 503. ESTABLISHMENT OF TASK FORCE.

       (a) Establishment.--The Secretary, in cooperation with the 
     National Transportation Safety Board, organizations 
     potentially designated under section 1139(a)(2) of title 49, 
     United States Code, rail passenger carriers (as defined in 
     section 1139(h)(2) of title 49, United States Code), and 
     families which have been involved in rail accidents, shall 
     establish a task force consisting of representatives of such 
     entities and families, representatives of rail passenger 
     carrier employees, and representatives of such other entities 
     as the Secretary considers appropriate.
       (b) Model Plan and Recommendations.--The task force 
     established pursuant to subsection (a) shall develop--
       (1) a model plan to assist rail passenger carriers in 
     responding to passenger rail accidents;
       (2) recommendations on methods to improve the timeliness of 
     the notification provided by passenger rail carriers to the 
     families of passengers involved in a passenger rail accident;
       (3) recommendations on methods to ensure that the families 
     of passengers involved in a passenger rail accident who are 
     not citizens of the United States receive appropriate 
     assistance; and
       (4) recommendations on methods to ensure that emergency 
     services personnel have as immediate and accurate a count of 
     the number of passengers onboard the train as possible.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall transmit a report 
     to the House of Representatives Committee on Transportation 
     and Infrastructure and the Senate Committee on Commerce, 
     Science, and Transportation containing the model plan and 
     recommendations developed by the task force under subsection 
     (b).

   TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
                               FACILITIES

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Clean Railroads Act of 
     2008''.

     SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID 
                   WASTE TRANSFER FACILITIES.

       Section 10501(c)(2) is amended to read as follows:
       ``(2) Except as provided in paragraph (3), the Board does 
     not have jurisdiction under this part over--
       ``(A) mass transportation provided by a local government 
     authority; or
       ``(B) a solid waste rail transfer facility as defined in 
     section 10908 of this title, except as provided under 
     sections 10908 and 10909 of this title.''.

     SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.

       (a) In General.--Chapter 109 is amended by adding at the 
     end thereof the following:

     ``Sec. 10908. Regulation of solid waste rail transfer 
       facilities

       ``(a) In General.--Each solid waste rail transfer facility 
     shall be subject to and shall comply with all applicable 
     Federal and State requirements, both substantive and 
     procedural, including judicial and administrative orders and 
     fines, respecting the prevention and abatement of pollution, 
     the protection and restoration of the environment, and the 
     protection of public health and safety, including laws 
     governing solid waste, to the same extent as required for any 
     similar solid waste management facility, as defined in 
     section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 
     6903(29)) that is not owned or operated by or on behalf of a 
     rail carrier, except as provided for in section 10909 of this 
     chapter.
       ``(b) Existing Facilities.--
       ``(1) State laws and standards.--Not later than 90 days 
     after the date of enactment of the Clean Railroads Act of 
     2008, a solid waste rail transfer facility operating as of 
     such date of enactment shall comply with

[[Page 21070]]

     all Federal and State requirements pursuant to subsection (a) 
     other than those provisions requiring permits.
       ``(2) Permit requirements.--
       ``(A) State non-siting permits.--Any solid waste rail 
     transfer facility operating as of the date of enactment of 
     the Clean Railroads Act of 2008 that does not possess a 
     permit required pursuant to subsection (a), other than a 
     siting permit for the facility, as of the date of enactment 
     of the Clean Railroads Act of 2008 shall not be required to 
     possess any such permits in order to operate the facility--
       ``(i) if, within 180 days after such date of enactment, the 
     solid waste rail transfer facility has submitted, in good 
     faith, a complete application for all permits, except siting 
     permits, required pursuant to subsection (a) to the 
     appropriate permitting agency authorized to grant such 
     permits; and
       ``(ii) until the permitting agency has either approved or 
     denied the solid waste rail transfer facility's application 
     for each permit.
       ``(B) Siting permits and requirements.--A solid waste rail 
     transfer facility operating as of the date of enactment of 
     the Clean Railroads Act of 2008 that does not possess a State 
     siting permit required pursuant to subsection (a) as of such 
     date of enactment shall not be required to possess any siting 
     permit to continue to operate or comply with any State land 
     use requirements. The Governor of a State in which the 
     facility is located, or his or her designee, may petition the 
     Board to require the facility to apply for a land-use 
     exemption pursuant to section 10909 of this chapter. The 
     Board shall accept the petition, and the facility shall be 
     required to have a Board-issued land-use exemption in order 
     to continue to operate, pursuant to section 10909 of this 
     chapter.
       ``(c) Common Carrier Obligation.--No prospective or current 
     rail carrier customer may demand solid waste rail transfer 
     service from a rail carrier at a solid waste rail transfer 
     facility that does not already possess the necessary Federal 
     land-use exemption and State permits at the location where 
     service is requested.
       ``(d) Non-Waste Commodities.--Nothing in this section or 
     section 10909 of this chapter shall affect a rail carrier's 
     ability to conduct transportation-related activities with 
     respect to commodities other than solid waste.
       ``(e) Definitions.--
       ``(1) In general.--In this section:
       ``(A) Commercial and retail waste.--The term `commercial 
     and retail waste' means material discarded by stores, 
     offices, restaurants, warehouses, nonmanufacturing activities 
     at industrial facilities, and other similar establishments or 
     facilities.
       ``(B) Construction and demolition debris.--The term 
     `construction and demolition debris' means waste building 
     materials, packaging, and rubble resulting from construction, 
     remodeling, repair, and demolition operations on pavements, 
     houses, commercial buildings, and other structures.
       ``(C) Household waste.--The term `household waste' means 
     material discarded by residential dwellings, hotels, motels, 
     and other similar permanent or temporary housing 
     establishments or facilities.
       ``(D) Industrial waste.--The term `industrial waste' means 
     the solid waste generated by manufacturing and industrial and 
     research and development processes and operations, including 
     contaminated soil, nonhazardous oil spill cleanup waste and 
     dry nonhazardous pesticides and chemical waste, but does not 
     include hazardous waste regulated under subtitle C of the 
     Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), mining or 
     oil and gas waste.
       ``(E) Institutional waste.--The term `institutional waste' 
     means material discarded by schools, nonmedical waste 
     discarded by hospitals, material discarded by 
     nonmanufacturing activities at prisons and government 
     facilities, and material discarded by other similar 
     establishments or facilities.
       ``(F) Municipal solid waste.--The term `municipal solid 
     waste' means--
       ``(i) household waste;
       ``(ii) commercial and retail waste; and
       ``(iii) institutional waste.
       ``(G) Solid waste.--With the exception of waste generated 
     by a rail carrier during track, track structure, or right-of-
     way construction, maintenance, or repair (including railroad 
     ties and line-side poles) or waste generated as a result of a 
     railroad accident, incident, or derailment, the term `solid 
     waste' means--
       ``(i) construction and demolition debris;
       ``(ii) municipal solid waste;
       ``(iii) household waste;
       ``(iv) commercial and retail waste;
       ``(v) institutional waste;
       ``(vi) sludge;
       ``(vii) industrial waste; and
       ``(viii) other solid waste, as determined appropriate by 
     the Board.
       ``(H) Solid waste rail transfer facility.--The term `solid 
     waste rail transfer facility'--
       ``(i) means the portion of a facility owned or operated by 
     or on behalf of a rail carrier (as defined in section 10102 
     of this title) where solid waste, as a commodity to be 
     transported for a charge, is collected, stored, separated, 
     processed, treated, managed, disposed of, or transferred, 
     when the activity takes place outside of original shipping 
     containers; but
       ``(ii) does not include--

       ``(I) the portion of a facility to the extent that 
     activities taking place at such portion are comprised solely 
     of the railroad transportation of solid waste after the solid 
     waste is loaded for shipment on or in a rail car, including 
     railroad transportation for the purpose of interchanging 
     railroad cars containing solid waste shipments; or
       ``(II) a facility where solid waste is solely transferred 
     or transloaded from a tank truck directly to a rail tank car.

       ``(I) Sludge.--The term `sludge' means any solid, semi-
     solid or liquid waste generated from a municipal, commercial, 
     or industrial wastewater treatment plant, water supply 
     treatment plant, or air pollution control facility exclusive 
     of the treated effluent from a wastewater treatment plant.
       ``(2) Exceptions.--Notwithstanding paragraph (1), the terms 
     `household waste', `commercial and retail waste', and 
     `institutional waste' do not include--
       ``(A) yard waste and refuse-derived fuel;
       ``(B) used oil;
       ``(C) wood pallets;
       ``(D) clean wood;
       ``(E) medical or infectious waste; or
       ``(F) motor vehicles (including motor vehicle parts or 
     vehicle fluff).
       ``(3) State requirements.--In this section the term `State 
     requirements' does not include the laws, regulations, 
     ordinances, orders, or other requirements of a political 
     subdivision of a State, including a locality or municipality, 
     unless a State expressly delegates such authority to such 
     political subdivision.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     109 is amended by inserting after the item relating to 
     section 10907 the following:

``10908. Regulation of solid waste rail transfer facilities.''.

     SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE 
                   EXEMPTION AUTHORITY.

       (a) In General.--Chapter 109 is further amended by adding 
     at the end thereof the following:

     ``Sec. 10909. Solid waste rail transfer facility land-use 
       exemption

       ``(a) Authority.--The Board may issue a land-use exemption 
     for a solid waste rail transfer facility that is or is 
     proposed to be operated by or on behalf of a rail carrier 
     if--
       ``(1) the Board finds that a State, local, or municipal 
     law, regulation, order, or other requirement affecting the 
     siting of such facility unreasonably burdens the interstate 
     transportation of solid waste by railroad, discriminates 
     against the railroad transportation of solid waste and a 
     solid waste rail transfer facility, or a rail carrier that 
     owns or operates such a facility petitions the Board for such 
     an exemption; or
       ``(2) the Governor of a State in which a facility that is 
     operating as of the date of enactment of the Clean Railroads 
     Act of 2008 is located, or his or her designee, petitions the 
     Board to initiate a permit proceeding for that particular 
     facility.
       ``(b) Land-Use Exemption Procedures.--Not later than 90 
     days after the date of enactment of the Clean Railroad Act of 
     2008, the Board shall publish procedures governing the 
     submission and review of applications for solid waste rail 
     transfer facility land-use exemptions. At a minimum, the 
     procedures shall address--
       ``(1) the information that each application should contain 
     to explain how the solid waste rail transfer facility will 
     not pose an unreasonable risk to public health, safety, or 
     the environment;
       ``(2) the opportunity for public notice and comment 
     including notification of the municipality, the State, and 
     any relevant Federal or State regional planning entity in the 
     jurisdiction of which the solid waste rail transfer facility 
     is proposed to be located;
       ``(3) the timeline for Board review, including a 
     requirement that the Board approve or deny an exemption 
     within 90 days after the full record for the application is 
     developed;
       ``(4) the expedited review timelines for petitions for 
     modifications, amendments, or revocations of granted 
     exemptions;
       ``(5) the process for a State to petition the Board to 
     require a solid waste transfer facility or a rail carrier 
     that owns or operates such a facility to apply for a siting 
     permit; and
       ``(6) the process for a solid waste transfer facility or a 
     rail carrier that owns or operates such a facility to 
     petition the Board for a land-use exemption.
       ``(c) Standard for Review.--
       ``(1) The Board may only issue a land-use exemption if it 
     determines that the facility at the existing or proposed 
     location does not pose an unreasonable risk to public health, 
     safety, or the environment. In deciding whether a solid waste 
     rail transfer facility that is or proposed to be constructed 
     or operated by or on behalf of a rail carrier poses an 
     unreasonable risk to public health, safety, or the 
     environment, the Board shall weigh the particular facility's 
     potential benefits to and the adverse impacts on public 
     health, public safety, the environment, interstate commerce, 
     and transportation of solid waste by rail.
       ``(2) The Board may not grant a land-use exemption for a 
     solid waste rail transfer facility proposed to be located on 
     land within any unit of or land affiliated with the National 
     Park System, the National Wildlife

[[Page 21071]]

     Refuge System, the National Wilderness Preservation System, 
     the National Trails System, the National Wild and Scenic 
     Rivers System, a National Reserve, a National Monument, or 
     lands referenced in Public Law 108-421 for which a State has 
     implemented a conservation management plan, if operation of 
     the facility would be inconsistent with restrictions placed 
     on such land.
       ``(d) Considerations.--When evaluating an application under 
     this section, the Board shall consider and give due weight to 
     the following, as applicable:
       ``(1) the land-use, zoning, and siting regulations or solid 
     waste planning requirements of the State or State subdivision 
     in which the facility is or will be located that are 
     applicable to solid waste transfer facilities, including 
     those that are not owned or operated by or on behalf of a 
     rail carrier;
       ``(2) the land-use, zoning, and siting regulations or solid 
     waste planning requirements applicable to the property where 
     the solid waste rail transfer facility is proposed to be 
     located;
       ``(3) regional transportation planning requirements 
     developed pursuant to Federal and State law;
       ``(4) regional solid waste disposal plans developed 
     pursuant to State or Federal law;
       ``(5) any Federal and State environmental protection laws 
     or regulations applicable to the site;
       ``(6) any unreasonable burdens imposed on the interstate 
     transportation of solid waste by railroad, or the potential 
     for discrimination against the railroad transportation of 
     solid waste, a solid waste rail transfer facility, or a rail 
     carrier that owns or operates such a facility; and
       ``(7) any other relevant factors, as determined by the 
     Board.
       ``(e) Existing Facilities.--Upon the granting of petition 
     from the State in which a solid waste rail transfer facility 
     is operating as of the date of enactment of the Clean 
     Railroads Act of 2008 by the Board, the facility shall submit 
     a complete application for a siting permit to the Board 
     pursuant to the procedures issued pursuant to subsection (b). 
     No State may enforce a law, regulation, order, or other 
     requirement affecting the siting of a facility that is 
     operating as of the date of enactment of the Clean Railroads 
     Act of 2008 until the Board has approved or denied a permit 
     pursuant to subsection (c).
       ``(f) Effect of Land-Use Exemption.--If the Board grants a 
     land-use exemption to a solid waste rail transfer facility, 
     all State laws, regulations, orders, or other requirements 
     affecting the siting of a facility are preempted with regard 
     to that facility. An exemption may require compliance with 
     such State laws, regulations, orders, or other requirements.
       ``(g) Injunctive Relief.--Nothing in this section precludes 
     a person from seeking an injunction to enjoin a solid waste 
     rail transfer facility from being constructed or operated by 
     or on behalf of a rail carrier if that facility has 
     materially violated, or will materially violate, its land-use 
     exemption or if it failed to receive a valid land-use 
     exemption under this section.
       ``(h) Fees.--The Board may charge permit applicants 
     reasonable fees to implement this section, including the 
     costs of third-party consultants.
       ``(i) Definitions.--In this section the terms `solid 
     waste', `solid waste rail transfer facility', and `State 
     requirements' have the meaning given such terms in section 
     10908(e).''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     109, as amended by section 603 of this division, is amended 
     by inserting after the item relating to section 10908 the 
     following:

``10909. Solid waste rail transfer facility land-use exemption.''.

     SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.

       (a) In General.--Chapter 109, as amended by section 604, is 
     further amended by adding at the end thereof the following:

     ``Sec. 10910. Effect on other statutes and authorities

       ``Nothing in section 10908 or 10909 is intended to affect 
     the traditional police powers of the State to require a rail 
     carrier to comply with State and local environmental, public 
     health, and public safety standards that are not unreasonably 
     burdensome to interstate commerce and do not discriminate 
     against rail carriers.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     109, as amended by section 604 of this division, is amended 
     by inserting after the item relating to section 10909 the 
     following:

``10910. Effect on other statutes and authorities.''.

                    TITLE VII--TECHNICAL CORRECTIONS

     SEC. 701. TECHNICAL CORRECTIONS.

       (a) Limitations on Financial Assistance.--Section 22106 is 
     amended--
       (1) by striking the second sentence of subsection (a);
       (2) by striking subsection (b) and inserting the following:
       ``(b) State Use of Repaid Funds and Contingent Interest 
     Recoveries.--The State shall place the United States 
     Government's share of money that is repaid and any contingent 
     interest that is recovered in an interest-bearing account. 
     The repaid money, contingent interest, and any interest 
     thereof shall be considered to be State funds. The State 
     shall use such funds to make other grants and loans, 
     consistent with the purposes for which financial assistance 
     may be used under subsection (a), as the State considers to 
     be appropriate.''; and
       (3) by striking subsections (c) and (e) and redesignating 
     subsection (d) as subsection (c).
       (b) Grants for Class II and III Railroads.--Section 
     22301(a)(1)(A)(iii) is amended by striking ``and'' and 
     inserting ``or''.
       (c) Rail Transportation of Renewable Fuel Study.--Section 
     245(a)(1) of the Energy Independence and Security Act of 2007 
     is amended by striking ``Secretary, in coordination with the 
     Secretary of Transportation,'' and inserting ``Secretary and 
     the Secretary of Transportation''.
       (d) Motor Carrier Definition.--
       Section 14504a is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``(except as provided in paragraph (5))'' after ``14506'';
       (B) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `commercial motor vehicle'--
       ``(i) for calendar years 2008 and 2009, has the meaning 
     given the term in section 31101; and
       ``(ii) for years beginning after December 31, 2009, means a 
     self-propelled vehicle described in section 31101.''; and
       (C) by striking paragraph (5) and inserting the following:
       ``(5) Motor carrier.--
       ``(A) This section.--In this section:
       ``(i) In general.--The term `motor carrier' includes all 
     carriers that are otherwise exempt from this part--

       ``(I) under subchapter I of chapter 135; or
       ``(II) through exemption actions by the former Interstate 
     Commerce Commission under this title.

       ``(ii) Exclusions.--In this section, the term `motor 
     carrier' does not include--

       ``(I) any carrier subject to section 13504; or
       ``(II) any other carrier that the board of directors of the 
     unified carrier registration plan determines to be 
     appropriate pursuant to subsection (d)(4)(C).

       ``(B) Section 14506.--In section 14506, the term `motor 
     carrier' includes all carriers that are otherwise exempt from 
     this part--
       ``(i) under subchapter I of chapter 135; or
       ``(ii) through exemption actions by the former Interstate 
     Commerce Commission under this title.''; and
       (2) in subsection (d)(4)(C), by inserting before the period 
     at the end the following: ``, except that a decision to 
     approve the exclusion of carriers from the definition of the 
     term `motor carrier' under subsection (a)(5) shall require an 
     affirmative vote of \3/4\ of all such directors.''.
       (e) Extension of Loan Period.--Section 502(g)(1) of the 
     Railroad Revitalization and Regulatory Reform Act of 1976 (45 
     U.S.C. 822(g)(1)) is amended by striking ``25 years'' and 
     inserting ``35 years''.

                           DIVISION B--AMTRAK

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Passenger Rail Investment and Improvement Act of 2008''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Definition.

                        TITLE I--AUTHORIZATIONS

Sec. 101. Authorization for Amtrak capital and operating expenses.
Sec. 102. Repayment of long-term debt and capital leases.
Sec. 103. Authorization for the Federal Railroad Administration.

          TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS

Sec. 201. National railroad passenger transportation system defined.
Sec. 202. Amtrak board of directors.
Sec. 203. Establishment of improved financial accounting system.
Sec. 204. Development of 5-year financial plan.
Sec. 205. Restructuring long-term debt and capital leases.
Sec. 206. Establishment of grant process.
Sec. 207. Metrics and standards.
Sec. 208. Methodologies for Amtrak route and service planning 
              decisions.
Sec. 209. State-supported routes.
Sec. 210. Long-distance routes.
Sec. 211. Northeast Corridor state-of-good-repair plan.
Sec. 212. Northeast Corridor infrastructure and operations 
              improvements.
Sec. 213. Passenger train performance.
Sec. 214. Alternate passenger rail service pilot program.
Sec. 215. Employee transition assistance.
Sec. 216. Special passenger trains.
Sec. 217. Access to Amtrak equipment and services.
Sec. 218. General Amtrak provisions.
Sec. 219. Study of compliance requirements at existing intercity rail 
              stations.

[[Page 21072]]

Sec. 220. Oversight of Amtrak's compliance with accessibility 
              requirements.
Sec. 221. Amtrak management accountability.
Sec. 222. On-board service improvements.
Sec. 223. Incentive pay.
Sec. 224. Passenger rail service studies.
Sec. 225. Report on service delays on certain passenger rail routes.
Sec. 226. Plan for restoration of service.
Sec. 227. Maintenance and repair facility utilization study.
Sec. 228. Sense of the Congress regarding the need to maintain Amtrak 
              as a national passenger rail system.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 301. Capital assistance for intercity passenger rail service.
Sec. 302. Congestion grants.
Sec. 303. State rail plans.
Sec. 304. Tunnel project.
Sec. 305. Next generation corridor train equipment pool.
Sec. 306. Rail cooperative research program.
Sec. 307. Federal rail policy.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Commuter rail mediation.
Sec. 402. Routing efficiency discussions with Amtrak.
Sec. 403. Sense of Congress regarding commuter rail expansion.
Sec. 404. Locomotive biofuel study.
Sec. 405. Study of the use of biobased technologies.
Sec. 406. Cross-border passenger rail service.
Sec. 407. Historic preservation of railroads.

                        TITLE V--HIGH-SPEED RAIL

Sec. 501. High-speed rail corridor program.
Sec. 502. Additional high-speed rail projects.

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

Sec. 601. Authorization for capital and preventive maintenance projects 
              for Washington Metropolitan Area Transit Authority.

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

       Except as otherwise specifically provided, whenever in this 
     division an amendment is expressed in terms of an amendment 
     to a section or other provision of law, the reference shall 
     be considered to be made to a section or other provision of 
     title 49, United States Code.

     SEC. 3. DEFINITION.

       In this division, the term ``Secretary'' means the 
     Secretary of Transportation.

                        TITLE I--AUTHORIZATIONS

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

       (a) Operating Grants.--There are authorized to be 
     appropriated to the Secretary for the use of Amtrak for 
     operating costs the following amounts:
       (1) For fiscal year 2009, $530,000,000.
       (2) For fiscal year 2010, $580,000,000.
       (3) For fiscal year 2011, $592,000,000.
       (4) For fiscal year 2012, $616,000,000.
       (5) For fiscal year 2013, $631,000,000.
       (b) Inspector General.--There are authorized to be 
     appropriated to the Secretary for the Office of the Inspector 
     General of Amtrak the following amounts:
       (1) For fiscal year 2009, $20,000,000.
       (2) For fiscal year 2010, $21,000,000.
       (3) For fiscal year 2011, $22,000,000.
       (4) For fiscal year 2012, $22,000,000.
       (5) For fiscal year 2013, $23,000,000.
       (c) Capital Grants.--There are authorized to be 
     appropriated to the Secretary for the use of Amtrak for 
     capital projects (as defined in subparagraphs (A) and (B) of 
     section 24401(2) of title 49, United States Code) to bring 
     the Northeast Corridor (as defined in section 24102 of such 
     title) to a state-of-good-repair and for capital expenses of 
     the national rail passenger transportation system the 
     following amounts:
       (1) For fiscal year 2009, $715,000,000.
       (2) For fiscal year 2010, $975,000,000.
       (3) For fiscal year 2011, $1,025,000,000.
       (4) For fiscal year 2012, $1,275,000,000.
       (5) For fiscal year 2013, $1,325,000,000.
       (d) Project Management Oversight.--The Secretary may 
     withhold up to \1/2\ of 1 percent of amounts appropriated 
     pursuant to subsection (c) for the costs of project 
     management oversight of capital projects carried out by 
     Amtrak.

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

       (a) Principal and Interest on Debt Service.--There are 
     authorized to be appropriated to the Secretary for the use of 
     Amtrak for retirement of principal and payment of interest on 
     loans for capital equipment, or capital leases, not more than 
     the following amounts:
       (1) For fiscal year 2009, $285,000,000.
       (2) For fiscal year 2010, $264,000,000.
       (3) For fiscal year 2011, $288,000,000.
       (4) For fiscal year 2012, $290,000,000.
       (5) For fiscal year 2013, $277,000,000.
       (b) Early Buyout Option.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for the use of Amtrak for the payment of costs associated 
     with early buyout options if the exercise of those options is 
     determined to be advantageous to Amtrak.
       (c) Legal Effect of Payments Under This Section.--The 
     payment of principal and interest on secured debt, with the 
     proceeds of grants authorized by this section shall not--
       (1) modify the extent or nature of any indebtedness of 
     Amtrak to the United States in existence as of the date of 
     enactment of this Act;
       (2) change the private nature of Amtrak's or its 
     successors' liabilities; or
       (3) imply any Federal guarantee or commitment to amortize 
     Amtrak's outstanding indebtedness.

     SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD 
                   ADMINISTRATION.

       There are authorized to be appropriated to the Secretary 
     for the use of the Federal Railroad Administration such sums 
     as necessary to implement the provisions required under this 
     division for fiscal years 2009 through 2013.

          TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS

     SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM 
                   DEFINED.

       (a) In General.--Section 24102 is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (2), (3), and (4), respectively; and
       (3) by inserting after paragraph (4) as so redesignated the 
     following:
       ``(5) `national rail passenger transportation system' 
     means--
       ``(A) the segment of the continuous Northeast Corridor 
     railroad line between Boston, Massachusetts, and Washington, 
     District of Columbia;
       ``(B) rail corridors that have been designated by the 
     Secretary of Transportation as high-speed rail corridors 
     (other than corridors described in subparagraph (A)), but 
     only after regularly scheduled intercity service over a 
     corridor has been established;
       ``(C) long-distance routes of more than 750 miles between 
     endpoints operated by Amtrak as of the date of enactment of 
     the Passenger Rail Investment and Improvement Act of 2008; 
     and
       ``(D) short-distance corridors, or routes of not more than 
     750 miles between endpoints, operated by--
       ``(i) Amtrak; or
       ``(ii) another rail carrier that receives funds under 
     chapter 244.''.
       (b) Amtrak Routes With State Funding.--
       (1) In general.--Chapter 247 is amended by inserting after 
     section 24701 the following:

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

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

``24702. Transportation requested by States, authorities, and other 
              persons''.
       (c) Amtrak To Continue To Provide Non-High-Speed 
     Services.--Nothing in this division is intended to preclude 
     Amtrak from restoring, improving, or developing non-high-
     speed intercity passenger rail service.
       (d) Applicability of Section 24706.--Section 24706 is 
     amended by adding at the end the following:
       ``(c) Applicability.--This section applies to all service 
     over routes provided by Amtrak, notwithstanding any provision 
     of section 24701 of this title or any other provision of this 
     title except section 24702(b).''.
       (e) Amtrak's Mission.--
       (1) Amendments.--Section 24101 is amended--
       (A) by striking ``purpose'' in the section heading and 
     inserting ``mission'';
       (B) by striking subsection (b) and inserting the following:
       ``(b) Mission.--The mission of Amtrak is to provide 
     efficient and effective intercity passenger rail mobility 
     consisting of high quality service that is trip-time 
     competitive with other intercity travel options and that is 
     consistent with the goals of subsection (d).'';
       (C) by redesignating paragraphs (9) through (11) in 
     subsection (c) as paragraphs (10) through (12), respectively, 
     and inserting after paragraph (8) the following:
       ``(9) provide additional or complementary intercity 
     transportation service to ensure mobility in times of 
     national disaster or other instances where other travel 
     options are not adequately available;''; and
       (D) in subsection (d), by striking ``subsection (c)(11)'' 
     and inserting ``subsection (c)(12)''.
       (2) Conforming Amendment.--The chapter analysis for chapter 
     241 is amended by striking the item relating to section 24101 
     and inserting the following:

``24101. Findings, mission, and goals.''.

[[Page 21073]]



     SEC. 202. AMTRAK BOARD OF DIRECTORS.

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

     ``Sec. 24302. Board of directors

       ``(a) Composition and Terms.--
       ``(1) The Amtrak Board of Directors (referred to in this 
     section as the `Board') is composed of the following 9 
     directors, each of whom must be a citizen of the United 
     States:
       ``(A) The Secretary of Transportation.
       ``(B) The President of Amtrak.
       ``(C) 7 individuals appointed by the President of the 
     United States, by and with the advice and consent of the 
     Senate, with general business and financial experience, 
     experience or qualifications in transportation, freight and 
     passenger rail transportation, travel, hospitality, cruise 
     line, or passenger air transportation businesses, or 
     representatives of employees or users of passenger rail 
     transportation or a State government.
       ``(2) In selecting individuals described in paragraph (1) 
     for nominations for appointments to the Board, the President 
     shall consult with the Speaker of the House of 
     Representatives, the minority leader of the House of 
     Representatives, the majority leader of the Senate, and the 
     minority leader of the Senate and try to provide adequate and 
     balanced representation of the major geographic regions of 
     the United States served by Amtrak.
       ``(3) An individual appointed under paragraph (1)(C) of 
     this subsection shall be appointed for a term of 5 years. 
     Such term may be extended until the individual's successor is 
     appointed and qualified. Not more than 5 individuals 
     appointed under paragraph (1)(C) may be members of the same 
     political party.
       ``(4) The Board shall elect a chairman and a vice chairman, 
     other than the President of Amtrak, from among its 
     membership. The vice chairman shall serve as chairman in the 
     absence of the chairman.
       ``(5) The Secretary may be represented at Board meetings by 
     the Secretary's designee.
       ``(b) Pay and Expenses.--Each director not employed by the 
     United States Government or Amtrak is entitled to reasonable 
     pay when performing Board duties. Each director not employed 
     by the United States Government is entitled to reimbursement 
     from Amtrak for necessary travel, reasonable secretarial and 
     professional staff support, and subsistence expenses incurred 
     in attending Board meetings.
       ``(c) Travel.--(1) Each director not employed by the United 
     States Government shall be subject to the same travel and 
     reimbursable business travel expense policies and guidelines 
     that apply to Amtrak's executive management when performing 
     Board duties.
       ``(2) Not later than 60 days after the end of each fiscal 
     year, the Board shall submit a report describing all travel 
     and reimbursable business travel expenses paid to each 
     director when performing Board duties to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(3) The report submitted under paragraph (2) shall 
     include a detailed justification for any travel or 
     reimbursable business travel expense that deviates from 
     Amtrak's travel and reimbursable business travel expense 
     policies and guidelines.
       ``(d) Vacancies.--A vacancy on the Board is filled in the 
     same way as the original selection, except that an individual 
     appointed by the President of the United States under 
     subsection (a)(1)(C) of this section to fill a vacancy 
     occurring before the end of the term for which the 
     predecessor of that individual was appointed is appointed for 
     the remainder of that term. A vacancy required to be filled 
     by appointment under subsection (a)(1)(C) must be filled not 
     later than 120 days after the vacancy occurs.
       ``(e) Quorum.--A majority of the members serving shall 
     constitute a quorum for doing business.
       ``(f) Bylaws.--The Board may adopt and amend bylaws 
     governing the operation of Amtrak. The bylaws shall be 
     consistent with this part and the articles of 
     incorporation.''.
       (b) Effective Date for Directors' Provision.--The amendment 
     made by subsection (a) shall take effect 6 months after the 
     date of enactment of this Act. The members of the Amtrak 
     Board of Directors serving as of the date of enactment of 
     this Act may continue to serve for the remainder of the term 
     to which they were appointed.

     SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING 
                   SYSTEM.

       (a) In General.--The Amtrak Board of Directors--
       (1) may employ an independent financial consultant with 
     experience in railroad accounting to assist Amtrak in 
     improving Amtrak's financial accounting and reporting system 
     and practices;
       (2) shall implement a modern financial accounting and 
     reporting system not later than 3 years after the date of 
     enactment of this Act; and
       (3) shall, not later than 90 days after the end of each 
     fiscal year through fiscal year 2013--
       (A) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a comprehensive report that allocates all of Amtrak's 
     revenues and costs to each of its routes, each of its lines 
     of business, and each major activity within each route and 
     line of business activity, including--
       (i) train operations;
       (ii) equipment maintenance;
       (iii) food service;
       (iv) sleeping cars;
       (v) ticketing;
       (vi) reservations; and
       (vii) unallocated fixed overhead costs;
       (B) include the report described in subparagraph (A) in 
     Amtrak's annual report; and
       (C) post such report on Amtrak's website.
       (b) Verification of System; Report.--The Inspector General 
     of the Department of Transportation shall review the 
     accounting system designed and implemented under subsection 
     (a) to ensure that it accomplishes the purposes for which it 
     is intended. The Inspector General shall report his or her 
     findings and conclusions, together with any recommendations, 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       (c) Categorization of Revenues and Expenses.--In carrying 
     out subsection (a), the Amtrak Board of Directors shall 
     separately categorize assigned revenues and attributable 
     expenses by type of service, including long-distance routes, 
     State-sponsored routes, commuter contract routes, and 
     Northeast Corridor routes.

     SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.

       (a) Development of 5-Year Financial Plan.--The Amtrak Board 
     of Directors shall submit an annual budget and business plan 
     for Amtrak, and a 5-year financial plan for the fiscal year 
     to which that budget and business plan relate and the 
     subsequent 4 years, prepared in accordance with this section, 
     to the Secretary and the Inspector General of the Department 
     of Transportation no later than--
       (1) the first day of each fiscal year beginning after the 
     date of enactment of this Act; or
       (2) the date that is 60 days after the date of enactment of 
     an appropriations Act for the fiscal year, if later.
       (b) Contents of 5-Year Financial Plan.--The 5-year 
     financial plan for Amtrak shall include, at a minimum--
       (1) all projected revenues and expenditures for Amtrak, 
     including governmental funding sources;
       (2) projected ridership levels for all Amtrak passenger 
     operations;
       (3) revenue and expenditure forecasts for non-passenger 
     operations;
       (4) capital funding requirements and expenditures necessary 
     to maintain passenger service in order to accommodate 
     predicted ridership levels and predicted sources of capital 
     funding;
       (5) operational funding needs, if any, to maintain current 
     and projected levels of passenger service, including State-
     supported routes and predicted funding sources;
       (6) projected capital and operating requirements, 
     ridership, and revenue for any new passenger service 
     operations or service expansions;
       (7) an assessment of the continuing financial stability of 
     Amtrak, as indicated by factors such as anticipated Federal 
     funding of capital and operating costs, Amtrak's ability to 
     efficiently recruit, retain, and manage its workforce, and 
     Amtrak's ability to effectively provide passenger rail 
     service;
       (8) estimates of long-term and short-term debt and 
     associated principal and interest payments (both current and 
     anticipated);
       (9) annual cash flow forecasts;
       (10) a statement describing methods of estimation and 
     significant assumptions;
       (11) specific measures that demonstrate measurable 
     improvement year over year in the financial results of 
     Amtrak's operations;
       (12) prior fiscal year and projected operating ratio, cash 
     operating loss, and cash operating loss per passenger on a 
     route, business line, and corporate basis;
       (13) prior fiscal year and projected specific costs and 
     savings estimates resulting from reform initiatives;
       (14) prior fiscal year and projected labor productivity 
     statistics on a route, business line, and corporate basis;
       (15) prior fiscal year and projected equipment reliability 
     statistics; and
       (16) capital and operating expenditures for anticipated 
     security needs.
       (c) Standards To Promote Financial Stability.--In meeting 
     the requirements of subsection (b), Amtrak shall--
       (1) apply sound budgetary practices, including reducing 
     costs and other expenditures, improving productivity, 
     increasing revenues, or combinations of such practices;
       (2) use the categories specified in the financial 
     accounting and reporting system developed under section 203 
     when preparing its 5-year financial plan; and
       (3) ensure that the plan is consistent with the 
     authorizations of appropriations under title I of this 
     division.
       (d) Review by DOT Inspector General.--Within 60 days after 
     their submission by Amtrak, the Inspector General of the 
     Department of Transportation shall review the annual budget 
     and the 5-year financial plans

[[Page 21074]]

     prepared by Amtrak under this section to determine whether 
     they meet the requirements of subsection (b) and shall 
     furnish any relevant findings to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, the Committee on Appropriations of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Appropriations of the Senate.

     SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.

       (a) In General.--The Secretary of the Treasury, in 
     consultation with the Secretary and Amtrak, may make 
     agreements to restructure Amtrak's indebtedness as of the 
     date of enactment of this Act. This authorization expires 2 
     years after the date of enactment of this Act.
       (b) Debt Restructuring.--The Secretary of the Treasury, in 
     consultation with the Secretary and Amtrak, shall enter into 
     negotiations with the holders of Amtrak debt, including 
     leases, outstanding as of the date of enactment of this Act 
     for the purpose of restructuring (including repayment) and 
     repaying that debt. The Secretary of the Treasury may secure 
     agreements for restructuring or repayment on such terms as 
     the Secretary of the Treasury deems favorable to the 
     interests of the United States Government.
       (c) Criteria.--In restructuring Amtrak's indebtedness, the 
     Secretary of the Treasury and Amtrak--
       (1) shall take into consideration repayment costs, the term 
     of any loan or loans, and market conditions; and
       (2) shall ensure that the restructuring results in 
     significant savings to Amtrak and the United States 
     Government.
       (d) Payment of Renegotiated Debt.--If the criteria under 
     subsection (c) are met, the Secretary of the Treasury may 
     assume or repay the restructured debt, as appropriate.
       (e) Amtrak Principal and Interest Payments.--
       (1) Principal on debt service.--Unless the Secretary of the 
     Treasury makes sufficient payments to creditors under 
     subsection (d) so that Amtrak is required to make no payments 
     to creditors in a fiscal year, the Secretary shall use funds 
     authorized by section 102 of this division for the use of 
     Amtrak for retirement of principal or payment of interest on 
     loans for capital equipment, or capital leases.
       (2) Reductions in authorization levels.--Whenever action 
     taken by the Secretary of the Treasury under subsection (a) 
     results in reductions in amounts of principal or interest 
     that Amtrak must service on existing debt, the corresponding 
     amounts authorized by section 102 shall be reduced 
     accordingly.
       (f) Legal Effect of Payments Under This Section.--The 
     payment of principal and interest on secured debt, other than 
     debt assumed under subsection (d), with the proceeds of 
     grants under subsection (e) shall not--
       (1) modify the extent or nature of any indebtedness of 
     Amtrak to the United States in existence as of the date of 
     enactment of this Act;
       (2) change the private nature of Amtrak's or its 
     successors' liabilities; or
       (3) imply any Federal guarantee or commitment to amortize 
     Amtrak's outstanding indebtedness.
       (g) Secretary Approval.--Amtrak may not incur more debt 
     after the date of enactment of this Act without the express 
     advance approval of the Secretary.
       (h) Report.--The Secretary of the Treasury shall transmit a 
     report to the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Committee on 
     Appropriations of the House of Representatives, the Committee 
     on Commerce, Science, and Transportation of the Senate, and 
     the Committee on Appropriations of the Senate, by June 1, 
     2010--
       (1) describing in detail any agreements to restructure the 
     Amtrak debt; and
       (2) providing an estimate of the savings to Amtrak and the 
     United States Government.

     SEC. 206. ESTABLISHMENT OF GRANT PROCESS.

       (a) Grant Requests.--Amtrak shall submit grant requests 
     (including a schedule for the disbursement of funds), 
     consistent with the requirements of this division, to the 
     Secretary for funds authorized to be appropriated to the 
     Secretary for the use of Amtrak under sections 101(a), (b), 
     and (c), 102, 219(b), and 302.
       (b) Procedures for Grant Requests.--The Secretary shall 
     establish substantive and procedural requirements, including 
     schedules, for grant requests under this section not later 
     than 30 days after the date of enactment of this Act and 
     shall transmit copies of such requirements and schedules to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate. As part of those 
     requirements, the Secretary shall require, at a minimum, that 
     Amtrak deposit grant funds, consistent with the appropriated 
     amounts for each area of expenditure in a given fiscal year, 
     in the following 2 accounts:
       (1) The Amtrak Operating account.
       (2) The Amtrak General Capital account.
     Amtrak may not transfer such funds to another account or 
     expend such funds for any purpose other than the purposes 
     covered by the account in which the funds are deposited 
     without approval by the Secretary.
       (c) Review and Approval.--
       (1) 30-day approval process.--The Secretary shall complete 
     the review of a grant request (including the disbursement 
     schedule) and approve or disapprove the request within 30 
     days after the date on which Amtrak submits the grant 
     request. If the Secretary disapproves the request or 
     determines that the request is incomplete or deficient, the 
     Secretary shall include the reason for disapproval or the 
     incomplete items or deficiencies in a notice to Amtrak.
       (2) 15-day modification period.--Within 15 days after 
     receiving notification from the Secretary under the preceding 
     sentence, Amtrak shall submit a modified request for the 
     Secretary's review.
       (3) Revised requests.--Within 15 days after receiving a 
     modified request from Amtrak, the Secretary shall either 
     approve the modified request, or, if the Secretary finds that 
     the request is still incomplete or deficient, the Secretary 
     shall identify in writing to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate the remaining deficiencies and recommend a process for 
     resolving the outstanding portions of the request.

     SEC. 207. METRICS AND STANDARDS.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Federal Railroad Administration 
     and Amtrak shall jointly, in consultation with the Surface 
     Transportation Board, rail carriers over whose rail lines 
     Amtrak trains operate, States, Amtrak employees, nonprofit 
     employee organizations representing Amtrak employees, and 
     groups representing Amtrak passengers, as appropriate, 
     develop new or improve existing metrics and minimum standards 
     for measuring the performance and service quality of 
     intercity passenger train operations, including cost 
     recovery, on-time performance and minutes of delay, 
     ridership, on-board services, stations, facilities, 
     equipment, and other services. Such metrics, at a minimum, 
     shall include the percentage of avoidable and fully allocated 
     operating costs covered by passenger revenues on each route, 
     ridership per train mile operated, measures of on-time 
     performance and delays incurred by intercity passenger trains 
     on the rail lines of each rail carrier and, for long-distance 
     routes, measures of connectivity with other routes in all 
     regions currently receiving Amtrak service and the 
     transportation needs of communities and populations that are 
     not well-served by other forms of intercity transportation. 
     Amtrak shall provide reasonable access to the Federal 
     Railroad Administration in order to enable the Administration 
     to carry out its duty under this section.
       (b) Quarterly Reports.--The Administrator of the Federal 
     Railroad Administration shall collect the necessary data and 
     publish a quarterly report on the performance and service 
     quality of intercity passenger train operations, including 
     Amtrak's cost recovery, ridership, on-time performance and 
     minutes of delay, causes of delay, on-board services, 
     stations, facilities, equipment, and other services.
       (c) Contracts With Host Rail Carriers.--To the extent 
     practicable, Amtrak and its host rail carriers shall 
     incorporate the metrics and standards developed under 
     subsection (a) into their access and service agreements.
       (d) Arbitration.--If the development of the metrics and 
     standards is not completed within the 180-day period required 
     by subsection (a), any party involved in the development of 
     those standards may petition the Surface Transportation Board 
     to appoint an arbitrator to assist the parties in resolving 
     their disputes through binding arbitration.

     SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING 
                   DECISIONS.

       (a) Methodology Development.--Within 180 days after the 
     date of enactment of this Act, the Federal Railroad 
     Administration shall obtain the services of a qualified 
     independent entity to develop and recommend objective 
     methodologies for Amtrak to use in determining what intercity 
     passenger routes and services it will provide, including the 
     establishment of new routes, the elimination of existing 
     routes, and the contraction or expansion of services or 
     frequencies over such routes. In developing such 
     methodologies, the entity shall consider--
       (1) the current or expected performance and service quality 
     of intercity passenger train operations, including cost 
     recovery, on-time performance and minutes of delay, 
     ridership, on-board services, stations, facilities, 
     equipment, and other services;
       (2) connectivity of a route with other routes;
       (3) the transportation needs of communities and populations 
     that are not well served by intercity passenger rail service 
     or by other forms of intercity transportation;
       (4) Amtrak's and other major intercity passenger rail 
     service providers in other countries' methodologies for 
     determining intercity passenger rail routes and services; and
       (5) the views of the States and other interested parties.
       (b) Submittal to Congress.--Within 1 year after the date of 
     enactment of this Act, the

[[Page 21075]]

     entity shall submit recommendations developed under 
     subsection (a) to Amtrak, the Committee on Transportation and 
     Infrastructure of the House of Representatives, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       (c) Consideration of Recommendations.--Within 90 days after 
     receiving the recommendations developed under subsection (a) 
     by the entity, the Amtrak Board of Directors shall consider 
     the adoption of those recommendations. The Board shall 
     transmit a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate explaining its reasons for adopting or not adopting 
     the recommendations.

     SEC. 209. STATE-SUPPORTED ROUTES.

       (a) In General.--Within 2 years after the date of enactment 
     of this Act, the Amtrak Board of Directors, in consultation 
     with the Secretary, the governors of each relevant State, and 
     the Mayor of the District of Columbia, or entities 
     representing those officials, shall develop and implement a 
     single, nationwide standardized methodology for establishing 
     and allocating the operating and capital costs among the 
     States and Amtrak associated with trains operated on each of 
     the routes described in section 24102(5)(B) and (D) and 
     section 24702 that--
       (1) ensures, within 5 years after the date of enactment of 
     this Act, equal treatment in the provision of like services 
     of all States and groups of States (including the District of 
     Columbia); and
       (2) allocates to each route the costs incurred only for the 
     benefit of that route and a proportionate share, based upon 
     factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 route.
       (b) Revisions.--The Amtrak Board of Directors, in 
     consultation with the Secretary, the governors of each 
     relevant State, and the Mayor of the District of Columbia, or 
     entities representing those officials, may revise or amend 
     the methodology established under subsection (a) as 
     necessary, consistent with the intent of this section, 
     including revisions or modifications based on Amtrak's 
     financial accounting system developed pursuant to section 203 
     of this division.
       (c) Review.--If Amtrak and the States (including the 
     District of Columbia) in which Amtrak operates such routes do 
     not voluntarily adopt and implement the methodology developed 
     under subsection (a) in allocating costs and determining 
     compensation for the provision of service in accordance with 
     the date established therein, the Surface Transportation 
     Board shall determine the appropriate methodology required 
     under subsection (a) for such services in accordance with the 
     procedures and procedural schedule applicable to a proceeding 
     under section 24904(c) of title 49, United States Code, and 
     require the full implementation of this methodology with 
     regards to the provision of such service within 1 year after 
     the Board's determination of the appropriate methodology.
       (d) Use of Chapter 244 Funds.--Funds provided to a State 
     under chapter 244 of title 49, United States Code, may be 
     used, as provided in that chapter, to pay capital costs 
     determined in accordance with this section.

     SEC. 210. LONG-DISTANCE ROUTES.

       (a) In General.--Chapter 247 is amended by adding at the 
     end thereof the following:

     ``Sec. 24710. Long-distance routes

       ``(a) Annual Evaluation.--Using the financial and 
     performance metrics developed under section 207 of the 
     Passenger Rail Investment and Improvement Act of 2008, Amtrak 
     shall--
       ``(1) evaluate annually the financial and operating 
     performance of each long-distance passenger rail route 
     operated by Amtrak; and
       ``(2) rank the overall performance of such routes for 2008 
     and identify each long-distance passenger rail route operated 
     by Amtrak in 2008 according to its overall performance as 
     belonging to the best performing third of such routes, the 
     second best performing third of such routes, or the worst 
     performing third of such routes.
       ``(b) Performance Improvement Plan.--Amtrak shall develop 
     and post on its website a performance improvement plan for 
     its long-distance passenger rail routes to achieve financial 
     and operating improvements based on the data collected 
     through the application of the financial and performance 
     metrics developed under section 207 of that Act. The plan 
     shall address--
       ``(1) on-time performance;
       ``(2) scheduling, frequency, routes, and stops;
       ``(3) the feasibility of restructuring service into 
     connected corridor service;
       ``(4) performance-related equipment changes and capital 
     improvements;
       ``(5) on-board amenities and service, including food, first 
     class, and sleeping car service;
       ``(6) State or other non-Federal financial contributions;
       ``(7) improving financial performance;
       ``(8) anticipated Federal funding of operating and capital 
     costs; and
       ``(9) other aspects of Amtrak's long-distance passenger 
     rail routes that affect the financial, competitive, and 
     functional performance of service on Amtrak's long-distance 
     passenger rail routes.
       ``(c) Implementation.--Amtrak shall implement the 
     performance improvement plan developed under subsection (b)--
       ``(1) beginning in fiscal year 2010 for those routes 
     identified as being in the worst performing third under 
     subsection (a)(2);
       ``(2) beginning in fiscal year 2011 for those routes 
     identified as being in the second best performing third under 
     subsection (a)(2); and
       ``(3) beginning in fiscal year 2012 for those routes 
     identified as being in the best performing third under 
     subsection (a)(2).
       ``(d) Enforcement.--The Federal Railroad Administration 
     shall monitor the development, implementation, and outcome of 
     improvement plans under this section. If the Federal Railroad 
     Administration determines that Amtrak is not making 
     reasonable progress in implementing its performance 
     improvement plan or, after the performance improvement plan 
     is implemented under subsection (c)(1) in accordance with the 
     terms of that plan, Amtrak has not achieved the outcomes it 
     has established for such routes, under the plan for any 
     calendar year, the Federal Railroad Administration--
       ``(1) shall notify Amtrak, the Inspector General of the 
     Department of Transportation, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate of its determination under this subsection;
       ``(2) shall provide Amtrak with an opportunity for a 
     hearing with respect to that determination; and
       ``(3) may withhold appropriated funds otherwise available 
     to Amtrak for the operation of a route or routes from among 
     the worst performing third of routes currently served by 
     Amtrak on which Amtrak is not making reasonable progress, 
     other than funds made available for passenger safety or 
     security measures.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     247 is amended by inserting after the item relating to 
     section 24709 the following:

``24710. Long distance routes.''.

     SEC. 211. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.

       (a) In General.--Within 6 months after the date of 
     enactment of this Act, Amtrak, in consultation with the 
     Secretary and the States (including the District of Columbia) 
     that make up the Northeast Corridor (as defined in section 
     24102 of title 49, United States Code), shall prepare a 
     capital spending plan for capital projects required to return 
     the railroad right-of-way (including track, signals, and 
     auxiliary structures), facilities, stations, and equipment, 
     of the Northeast Corridor main line to a state-of-good-repair 
     by the end of fiscal year 2018, consistent with the funding 
     levels authorized in this division, and shall submit the plan 
     to the Secretary.
       (b) Review and Approval by the Secretary.--
       (1) 60-day approval process.--The Secretary shall complete 
     the review of the capital spending plan and approve or 
     disapprove the plan within 60 days after the date on which 
     Amtrak submits the plan. During review, the Secretary may 
     seek comments from the Commission established under section 
     24905 of title 49, United States Code, and other Northeast 
     Corridor users regarding the plan. If the Secretary 
     disapproves the plan or determines that the plan is 
     incomplete or deficient, the Secretary shall include the 
     reason for disapproval or the incomplete items or 
     deficiencies in a notice to Amtrak.
       (2) 15-day modification period.--Within 15 days after 
     receiving notification from the Secretary under paragraph 
     (1), Amtrak shall submit a modified plan for the Secretary's 
     review.
       (3) Revised requests.--Within 15 days after receiving a 
     modified plan from Amtrak, the Secretary shall either approve 
     the modified plan, or, if the Secretary finds that the plan 
     is still incomplete or deficient, the Secretary shall 
     identify in writing to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate the remaining deficiencies and recommend a process for 
     resolving the outstanding portions of the plan.
       (c) Plan Updates.--The plan shall be updated at least 
     annually and the Secretary shall review and approve such 
     updates, in accordance with the procedures described in 
     subsection (b).
       (d) Grants.--The Secretary shall make grants to Amtrak with 
     funds authorized by section 101(c) for Northeast Corridor 
     capital investments contained within the capital spending 
     plan prepared by Amtrak and approved by the Secretary.
       (e) Oversight.--Using the funds authorized by section 
     101(d), the Secretary shall review Amtrak's capital 
     expenditures funded by this section to ensure that such 
     expenditures are consistent with the capital spending plan 
     and that Amtrak is providing adequate project management 
     oversight and fiscal controls.
       (f) Eligibility of Expenditures.--The Federal share of 
     expenditures for capital improvements under this section may 
     not exceed 100 percent.

[[Page 21076]]



     SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
                   IMPROVEMENTS.

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

     ``Sec. 24905. Northeast Corridor Infrastructure and 
       Operations Advisory Commission; Safety Committee

       ``(a) Northeast Corridor Infrastructure and Operations 
     Advisory Commission.--
       ``(1) Within 180 days after the date of enactment of the 
     Passenger Rail Investment and Improvement Act of 2008, the 
     Secretary of Transportation shall establish a Northeast 
     Corridor Infrastructure and Operations Advisory Commission 
     (referred to in this section as the `Commission') to promote 
     mutual cooperation and planning pertaining to the rail 
     operations and related activities of the Northeast Corridor. 
     The Commission shall be made up of--
       ``(A) members representing Amtrak;
       ``(B) members representing the Department of 
     Transportation, including the Federal Railroad 
     Administration;
       ``(C) 1 member from each of the States (including the 
     District of Columbia) that constitute the Northeast Corridor 
     as defined in section 24102, designated by, and serving at 
     the pleasure of, the chief executive officer thereof; and
       ``(D) non-voting representatives of freight railroad 
     carriers using the Northeast Corridor selected by the 
     Secretary.
       ``(2) The Secretary shall ensure that the membership 
     belonging to any of the groups enumerated under paragraph (1) 
     shall not constitute a majority of the Commission's 
     memberships.
       ``(3) The Commission shall establish a schedule and 
     location for convening meetings, but shall meet no less than 
     four times per fiscal year, and the Commission shall develop 
     rules and procedures to govern the Commission's proceedings.
       ``(4) A vacancy in the Commission shall be filled in the 
     manner in which the original appointment was made.
       ``(5) Members shall serve without pay but shall receive 
     travel expenses, including per diem in lieu of subsistence, 
     in accordance with sections 5702 and 5703 of title 5.
       ``(6) The Chairman of the Commission shall be elected by 
     the members.
       ``(7) The Commission may appoint and fix the pay of such 
     personnel as it considers appropriate.
       ``(8) Upon request of the Commission, the head of any 
     department or agency of the United States may detail, on a 
     reimbursable basis, any of the personnel of that department 
     or agency to the Commission to assist it in carrying out its 
     duties under this section.
       ``(9) Upon the request of the Commission, the Administrator 
     of General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this section.
       ``(10) The Commission shall consult with other entities as 
     appropriate.
       ``(b) Statement of Goals and Recommendations.--
       ``(1) Statement of goals.--The Commission shall develop a 
     statement of goals concerning the future of Northeast 
     Corridor rail infrastructure and operations based on 
     achieving expanded and improved intercity, commuter, and 
     freight rail services operating with greater safety and 
     reliability, reduced travel times, increased frequencies and 
     enhanced intermodal connections designed to address airport 
     and highway congestion, reduce transportation energy 
     consumption, improve air quality, and increase economic 
     development of the Northeast Corridor region.
       ``(2) Recommendations.--The Commission shall develop 
     recommendations based on the statement developed under this 
     section addressing, as appropriate--
       ``(A) short-term and long-term capital investment needs 
     beyond those specified in the state-of-good-repair plan under 
     section 211 of the Passenger Rail Investment and Improvement 
     Act of 2008;
       ``(B) future funding requirements for capital improvements 
     and maintenance;
       ``(C) operational improvements of intercity passenger rail, 
     commuter rail, and freight rail services;
       ``(D) opportunities for additional non-rail uses of the 
     Northeast Corridor;
       ``(E) scheduling and dispatching;
       ``(F) safety and security enhancements;
       ``(G) equipment design;
       ``(H) marketing of rail services;
       ``(I) future capacity requirements; and
       ``(J) potential funding and financing mechanisms for 
     projects of corridor-wide significance.
       ``(c) Access Costs.--
       ``(1) Development of formula.--Within 2 years after the 
     date of enactment of the Passenger Rail Investment and 
     Improvement Act of 2008, the Commission shall--
       ``(A) develop a standardized formula for determining and 
     allocating costs, revenues, and compensation for Northeast 
     Corridor commuter rail passenger transportation, as defined 
     in section 24102 of this title, on the Northeast Corridor 
     main line between Boston, Massachusetts, and Washington, 
     District of Columbia, and the Northeast Corridor branch lines 
     connecting to Harrisburg, Pennsylvania, Springfield, 
     Massachusetts, and Spuyten Duyvil, New York, that use Amtrak 
     facilities or services or that provide such facilities or 
     services to Amtrak that ensures that--
       ``(i) there is no cross-subsidization of commuter rail 
     passenger, intercity rail passenger, or freight rail 
     transportation;
       ``(ii) each service is assigned the costs incurred only for 
     the benefit of that service, and a proportionate share, based 
     upon factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 service; and
       ``(iii) all financial contributions made by an operator of 
     a service that benefit an infrastructure owner other than the 
     operator are considered, including but not limited to, any 
     capital infrastructure investments and in-kind services;
       ``(B) develop a proposed timetable for implementing the 
     formula before the end of the 6th year following the date of 
     enactment of that Act;
       ``(C) transmit the proposed timetable to the Surface 
     Transportation Board; and
       ``(D) at the request of a Commission member, petition the 
     Surface Transportation Board to appoint a mediator to assist 
     the Commission members through non-binding mediation to reach 
     an agreement under this section.
       ``(2) Implementation.--Amtrak and public authorities 
     providing commuter rail passenger transportation on the 
     Northeast Corridor shall implement new agreements for usage 
     of facilities or services based on the formula proposed in 
     paragraph (1) in accordance with the timetable established 
     therein. If the entities fail to implement such new 
     agreements in accordance with the timetable, the Commission 
     shall petition the Surface Transportation Board to determine 
     the appropriate compensation amounts for such services in 
     accordance with section 24904(c) of this title. The Surface 
     Transportation Board shall enforce its determination on the 
     party or parties involved.
       ``(3) Revisions.--The Commission may make necessary 
     revisions to the formula developed under paragraph (1), 
     including revisions based on Amtrak's financial accounting 
     system developed pursuant to section 203 of the Passenger 
     Rail Investment and Improvement Act of 2008.
       ``(d) Transmission of Statement of Goals and 
     Recommendations.--The Commission shall transmit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives--
       ``(1) the statement of goals developed under subsection (b) 
     within 1 year after the date of enactment of the Passenger 
     Rail Investment and Improvement Act of 2008; and
       ``(2) the recommendations developed under subsection (b) 
     and the formula and timetable developed under subsection 
     (c)(1) annually.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     may be necessary for the period encompassing fiscal years 
     2009 through 2013 to carry out this section.
       ``(f) Northeast Corridor Safety Committee.--
       ``(1) In general.--The Secretary shall establish a 
     Northeast Corridor Safety Committee composed of members 
     appointed by the Secretary. The members shall be 
     representatives of--
       ``(A) the Department of Transportation, including the 
     Federal Railroad Administration;
       ``(B) Amtrak;
       ``(C) freight carriers operating more than 150,000 train 
     miles a year on the main line of the Northeast Corridor;
       ``(D) commuter rail agencies;
       ``(E) rail passengers;
       ``(F) rail labor; and
       ``(G) other individuals and organizations the Secretary 
     decides have a significant interest in rail safety or 
     security.
       ``(2) Function; meetings.--The Secretary shall consult with 
     the Committee about safety and security improvements on the 
     Northeast Corridor main line. The Committee shall meet at 
     least two times per year to consider safety and security 
     matters on the main line.
       ``(3) Report.--At the beginning of the first session of 
     each Congress, the Secretary shall submit a report to the 
     Commission and to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the status of efforts to improve safety and 
     security on the Northeast Corridor main line. The report 
     shall include the safety and security recommendations of the 
     Committee and the comments of the Secretary on those 
     recommendations.''.
       (b) Conforming Amendments.--(1) The item relating to 
     section 24905 in the table of sections of chapter 249 is 
     amended to read as follows:

``24905. Northeast Corridor Infrastructure and Operations Advisory 
              Commission; Safety Committee.''.
       (2) Section 24904(c)(2) is amended by--
       (A) inserting ``commuter rail passenger and'' after 
     ``between''; and
       (B) striking ``freight'' in the second sentence.

[[Page 21077]]

       (c) RIDOT Access Agreement.--
       (1) In general.--Not later than July 1, 2009, Amtrak and 
     the Rhode Island Department of Transportation shall enter 
     into an agreement governing access fees and other costs or 
     charges related to the operation of the South County commuter 
     rail service on the Northeast Corridor between Providence and 
     Wickford Junction, Rhode Island.
       (2) Failure to reach agreement.--If Amtrak and the Rhode 
     Island Department of Transportation fail to reach the 
     agreement specified under paragraph (1), the Administrator of 
     the Federal Railroad Administration shall, after consultation 
     with both parties, resolve any outstanding disagreements 
     between the parties, including setting access fees and other 
     costs or charges related to the operation of the South County 
     commuter rail service that do not allow for the cross-
     subsidization of intercity rail passenger and commuter rail 
     passenger service, not later than January 1, 2010.
       (3) Interim access costs.--Any agreement between Amtrak and 
     the Rhode Island Department of Transportation relating to 
     access costs made under this subsection shall be superseded 
     by any access cost formula developed by the Northeast 
     Corridor Infrastructure and Operations Advisory Commission 
     under section 24905(c)(1) of title 49, United States Code, as 
     amended by subsection (a) of this section.
       (d) High-Speed Service Study.--
       (1) In general.--Amtrak shall submit a report detailing the 
     infrastructure and equipment improvements necessary to 
     provide regular high-speed service--
       (A) between Washington, District of Columbia, and New York, 
     New York, in 2 hours and 30 minutes; and
       (B) between New York, New York, and Boston, Massachusetts, 
     in 3 hours and 15 minutes.
       (2) Issues.--The report shall include--
       (A) an estimated time frame for achieving the trip time 
     described in paragraph (1);
       (B) an analysis of any significant obstacles that would 
     hinder such an achievement;
       (C) a detailed description and cost estimate of the 
     specific infrastructure and equipment improvements necessary 
     for such an achievement; and
       (D) an initial assessment of the infrastructure and 
     equipment improvements, including an order of magnitude cost 
     estimate of such improvements, that would be necessary to 
     provide regular high-speed service--
       (i) between Washington, District of Columbia, and New York, 
     New York, in 2 hours and 15 minutes; and
       (ii) between New York, New York, and Boston, Massachusetts, 
     in 3 hours.
       (3) Report.--Within 1 year after the date of enactment of 
     this Act, Amtrak shall submit the report required under this 
     subsection to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (D) the Committee on Appropriations of the House of 
     Representatives; and
       (E) the Federal Railroad Administration.
       (e) Report on Northeast Corridor Economic Development.--
     Within 2 years after the date of enactment of this Act, the 
     Northeast Corridor Infrastructure and Operations Advisory 
     Commission shall transmit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the role of Amtrak's Northeast Corridor 
     service between Washington, District of Columbia, and New 
     York, New York, in the economic development of the Northeast 
     Corridor region. The report shall examine how to enhance the 
     utilization of the Northeast Corridor for greater economic 
     development, including improving--
       (1) real estate utilization;
       (2) improved intercity, commuter, and freight services; and
       (3) optimum utility utilization.

     SEC. 213. PASSENGER TRAIN PERFORMANCE.

       (a) In General.--Section 24308 is amended by adding at the 
     end the following:
       ``(f) Passenger Train Performance and Other Standards.--
       ``(1) Investigation of substandard performance.--If the on-
     time performance of any intercity passenger train averages 
     less than 80 percent for any 2 consecutive calendar quarters, 
     or the service quality of intercity passenger train 
     operations for which minimum standards are established under 
     section 207 of the Passenger Rail Investment and Improvement 
     Act of 2008 fails to meet those standards for 2 consecutive 
     calendar quarters, the Surface Transportation Board (referred 
     to in this section as the `Board') may initiate an 
     investigation, or upon the filing of a complaint by Amtrak, 
     an intercity passenger rail operator, a host freight railroad 
     over which Amtrak operates, or an entity for which Amtrak 
     operates intercity passenger rail service, the Board shall 
     initiate such an investigation, to determine whether and to 
     what extent delays or failure to achieve minimum standards 
     are due to causes that could reasonably be addressed by a 
     rail carrier over whose tracks the intercity passenger train 
     operates or reasonably addressed by Amtrak or other intercity 
     passenger rail operators. As part of its investigation, the 
     Board has authority to review the accuracy of the train 
     performance data and the extent to which scheduling and 
     congestion contribute to delays. In making its determination 
     or carrying out such an investigation, the Board shall obtain 
     information from all parties involved and identify reasonable 
     measures and make recommendations to improve the service, 
     quality, and on-time performance of the train.
       ``(2) Problems caused by host rail carrier.--If the Board 
     determines that delays or failures to achieve minimum 
     standards investigated under paragraph (1) are attributable 
     to a rail carrier's failure to provide preference to Amtrak 
     over freight transportation as required under subsection (c), 
     the Board may award damages against the host rail carrier, 
     including prescribing such other relief to Amtrak as it 
     determines to be reasonable and appropriate pursuant to 
     paragraph (3) of this subsection.
       ``(3) Damages and relief.--In awarding damages and 
     prescribing other relief under this subsection the Board 
     shall consider such factors as--
       ``(A) the extent to which Amtrak suffers financial loss as 
     a result of host rail carrier delays or failure to achieve 
     minimum standards; and
       ``(B) what reasonable measures would adequately deter 
     future actions which may reasonably be expected to be likely 
     to result in delays to Amtrak on the route involved.
       ``(4) Use of damages.--The Board shall, as it deems 
     appropriate, order the host rail carrier to remit the damages 
     awarded under this subsection to Amtrak or to an entity for 
     which Amtrak operates intercity passenger rail service. Such 
     damages shall be used for capital or operating expenditures 
     on the routes over which delays or failures to achieve 
     minimum standards were the result of a rail carrier's failure 
     to provide preference to Amtrak over freight transportation 
     as determined in accordance with paragraph (2).''.
       (b) Fees.--The Surface Transportation Board may establish 
     and collect filing fees from any entity that files a 
     complaint under section 24308(f)(1) of title 49, United 
     States Code, or otherwise requests or requires the Board's 
     services pursuant to this division. The Board shall establish 
     such fees at levels that will fully or partially, as the 
     Board determines to be appropriate, offset the costs of 
     adjudicating complaints under that section and other requests 
     or requirements for Board action under this division. The 
     Board may waive any fee established under this subsection for 
     any governmental entity as determined appropriate by the 
     Board.
       (c) Authorization of Additional Staff.--The Surface 
     Transportation Board may increase the number of Board 
     employees by up to 15 for the 5 fiscal year period beginning 
     with fiscal year 2009 to carry out its responsibilities under 
     section 24308 of title 49, United States Code, and this 
     division.
       (d) Change of Reference.--Section 24308 is amended--
       (1) by striking ``Interstate Commerce Commission'' in 
     subsection (a)(2)(A) and inserting ``Surface Transportation 
     Board'';
       (2) by striking ``Commission'' each place it appears and 
     inserting ``Board'';
       (3) by striking ``Secretary of Transportation'' in 
     subsection (c) and inserting ``Board''; and
       (4) by striking ``Secretary'' the last 3 places it appears 
     in subsection (c) and each place it appears in subsections 
     (d) and (e) and inserting ``Board''.

     SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM.

       (a) In General.--Chapter 247, as amended by section 210, is 
     amended by adding at the end thereof the following:

     ``Sec. 24711. Alternate passenger rail service pilot program

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Passenger Rail Investment and Improvement 
     Act of 2008, the Federal Railroad Administration shall 
     complete a rulemaking proceeding to develop a pilot program 
     that--
       ``(1) permits a rail carrier or rail carriers that own 
     infrastructure over which Amtrak operates a passenger rail 
     service route described in subparagraph (B), (C), or (D) of 
     section 24102(5) or in section 24702 to petition the 
     Administration to be considered as a passenger rail service 
     provider over that route in lieu of Amtrak for a period not 
     to exceed 5 years after the date of enactment of the 
     Passenger Rail Investment and Improvement Act of 2008;
       ``(2) requires the Administration to notify Amtrak within 
     30 days after receiving a petition under paragraph (1) and 
     establish a deadline by which both the petitioner and Amtrak 
     would be required to submit a bid to provide passenger rail 
     service over the route to which the petition relates;
       ``(3) requires that each bid describe how the bidder would 
     operate the route, what Amtrak passenger equipment would be 
     needed, if any, what sources of non-Federal funding the 
     bidder would use, including any State subsidy, among other 
     things;
       ``(4) requires the Administration to select winning bidders 
     by evaluating the bids against the financial and performance

[[Page 21078]]

     metrics developed under section 207 of the Passenger Rail 
     Investment and Improvement Act of 2008 and to give preference 
     in awarding contracts to bidders seeking to operate routes 
     that have been identified as one of the five worst performing 
     Amtrak routes under section 24710;
       ``(5) requires the Administration to execute a contract 
     within a specified, limited time after the deadline 
     established under paragraph (2) and award to the winning 
     bidder--
       ``(A) the right and obligation to provide passenger rail 
     service over that route subject to such performance standards 
     as the Administration may require, consistent with the 
     standards developed under section 207 of the Passenger Rail 
     Investment and Improvement Act of 2008; and
       ``(B) an operating subsidy--
       ``(i) for the first year at a level not in excess of the 
     level in effect during the fiscal year preceding the fiscal 
     year in which the petition was received, adjusted for 
     inflation;
       ``(ii) for any subsequent years at such level, adjusted for 
     inflation; and
       ``(6) requires that each bid contain a staffing plan 
     describing the number of employees needed to operate the 
     service, the job assignments and requirements, and the terms 
     of work for prospective and current employees of the bidder 
     for the service outlined in the bid, and such staffing plan 
     be made available by the winning bidder to the public after 
     the bid award.
       ``(b) Route Limitations.--The Administration may not make 
     the program available with respect to more than 2 Amtrak 
     intercity passenger rail routes.
       ``(c) Performance Standards; Access to Facilities; 
     Employees.--If the Administration awards the right and 
     obligation to provide passenger rail service over a route 
     under the program to a rail carrier or rail carriers--
       ``(1) it shall execute a contract with the rail carrier or 
     rail carriers for rail passenger operations on that route 
     that conditions the operating and subsidy rights upon--
       ``(A) the service provider continuing to provide passenger 
     rail service on the route that is no less frequent, nor over 
     a shorter distance, than Amtrak provided on that route before 
     the award; and
       ``(B) the service provider's compliance with the minimum 
     standards established under section 207 of the Passenger Rail 
     Investment and Improvement Act of 2008 and such additional 
     performance standards as the Administration may establish;
       ``(2) it shall, if the award is made to a rail carrier 
     other than Amtrak, require Amtrak to provide access to its 
     reservation system, stations, and facilities directly related 
     to operations to any rail carrier or rail carriers awarded a 
     contract under this section, in accordance with section 217 
     of that Act, necessary to carry out the purposes of this 
     section;
       ``(3) the employees of any person used by a rail carrier or 
     rail carriers (as defined in section 10102(5) of this title) 
     in the operation of a route under this section shall be 
     considered an employee of that carrier or carriers and 
     subject to the applicable Federal laws and regulations 
     governing similar crafts or classes of employees of Amtrak, 
     including provisions under section 121 of the Amtrak Reform 
     and Accountability Act of 1997 relating to employees that 
     provide food and beverage service; and
       ``(4) the winning bidder shall provide hiring preference to 
     qualified Amtrak employees displaced by the award of the bid, 
     consistent with the staffing plan submitted by the bidder and 
     shall be subject to the grant conditions under section 24405 
     of this title.
       ``(d) Cessation of Service.--If a rail carrier or rail 
     carriers awarded a route under this section cease to operate 
     the service or fail to fulfill their obligations under the 
     contract required under subsection (c), the Administrator, in 
     collaboration with the Surface Transportation Board, shall 
     take any necessary action consistent with this title to 
     enforce the contract and ensure the continued provision of 
     service, including the installment of an interim service 
     provider and re-bidding the contract to operate the service. 
     The entity providing service shall either be Amtrak or a rail 
     carrier defined in subsection (a)(1).
       ``(e) Adequate Resources.--Before taking any action allowed 
     under this section, the Secretary shall certify that the 
     Administrator has sufficient resources that are adequate to 
     undertake the program established under this section.''.
       (b) Report.--Within 1 year after the conclusion of the 
     pilot program established under subsection (a), the Federal 
     Railroad Administration shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results on the 
     pilot program established under section 24711, and any 
     recommendations for further action.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     247, as amended by section 210, is amended by inserting after 
     the item relating to section 24710 the following:

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

     SEC. 215. EMPLOYEE TRANSITION ASSISTANCE.

       (a) Provision of Financial Incentives.--For Amtrak 
     employees who are adversely affected by the cessation of the 
     operation of a long-distance route or any other route under 
     section 24711 of title 49, United States Code, previously 
     operated by Amtrak, the Secretary shall develop a program 
     under which the Secretary may, at the Secretary's discretion, 
     provide grants for financial incentives to be provided to 
     Amtrak employees who voluntarily terminate their employment 
     with Amtrak and relinquish any legal rights to receive 
     termination-related payments under any contractual agreement 
     with Amtrak.
       (b) Conditions for Financial Incentives.--As a condition 
     for receiving financial assistance grants under this section, 
     Amtrak must certify that--
       (1) a reasonable attempt was made to reassign an employee 
     adversely affected under section 24711 of title 49, United 
     States Code, or by the elimination of any route, to other 
     positions within Amtrak in accordance with any contractual 
     agreements;
       (2) the financial assistance results in a net reduction in 
     the total number of employees equal to the number receiving 
     financial incentives;
       (3) the financial assistance results in a net reduction in 
     total employment expense equivalent to the total employment 
     expenses associated with the employees receiving financial 
     incentives; and
       (4) the total number of employees eligible for termination-
     related payments will not be increased without the express 
     written consent of the Secretary.
       (c) Amount of Financial Incentives.--The financial 
     incentives authorized under this section may be no greater 
     than $100,000 per employee.
       (d) Authorization of Appropriations.--There are hereby 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to make grants to Amtrak to provide 
     financial incentives under subsection (a).
       (e) Termination-Related Payments.--If Amtrak employees 
     adversely affected by the cessation of Amtrak service 
     resulting from the awarding of a grant to an operator other 
     than Amtrak for the operation of a route under section 24711 
     of title 49, United States Code, or any other route, 
     previously operated by Amtrak do not receive financial 
     incentives under subsection (a), then the Secretary shall 
     make grants to Amtrak from funds authorized by section 101 of 
     this division for termination-related payments to employees 
     under existing contractual agreements.

     SEC. 216. SPECIAL PASSENGER TRAINS.

       Amtrak is encouraged to increase the operation of special 
     trains funded by, or in partnership with, private sector 
     operators through competitive contracting to minimize the 
     need for Federal subsidies. Amtrak shall utilize the 
     provisions of section 24308 of title 49, United States Code, 
     when necessary to obtain access to facilities, train and 
     engine crews, or services of a rail carrier or regional 
     transportation authority that are required to operate such 
     trains.

     SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.

       If a State desires to select or selects an entity other 
     than Amtrak to provide services required for the operation of 
     an intercity passenger train route described in section 
     24102(5)(D) or 24702 of title 49, United States Code, the 
     State may make an agreement with Amtrak to use facilities and 
     equipment of, or have services provided by, Amtrak under 
     terms agreed to by the State and Amtrak to enable the State 
     to utilize an entity other than Amtrak to provide services 
     required for operation of the route. If the parties cannot 
     agree upon terms, and the Surface Transportation Board finds 
     that access to Amtrak's facilities or equipment, or the 
     provision of services by Amtrak, is necessary to carry out 
     this provision and that the operation of Amtrak's other 
     services will not be impaired thereby, the Surface 
     Transportation Board shall, within 120 days after submission 
     of the dispute, issue an order that the facilities and 
     equipment be made available, and that services be provided, 
     by Amtrak, and shall determine reasonable compensation, 
     liability, and other terms for use of the facilities and 
     equipment and provision of the services. Compensation shall 
     be determined, as appropriate, in accordance with the 
     methodology established pursuant to section 209 of this 
     division, if available.

     SEC. 218. GENERAL AMTRAK PROVISIONS.

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

[[Page 21079]]

       (b) Lease Arrangements and Other Purchases.--Amtrak may 
     obtain from the Administrator of General Services, and the 
     Administrator may provide to Amtrak, services under sections 
     502(a) and 602 of title 40, United States Code.

     SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING 
                   INTERCITY RAIL STATIONS.

       (a) In General.--Amtrak, in consultation with station 
     owners and other railroads operating service through the 
     existing stations that it serves, shall evaluate the 
     improvements necessary to make these stations readily 
     accessible to and usable by individuals with disabilities, as 
     required by such section 242(e)(2) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The 
     evaluation shall include, for each applicable station, 
     improvements required to bring it into compliance with the 
     applicable parts of such section 242(e)(2), any potential 
     barriers to achieving compliance, including issues related to 
     passenger rail station platforms, the estimated cost of the 
     improvements necessary, the identification of the responsible 
     person (as defined in section 241(5) of that Act (42 U.S.C. 
     12161(5))), and the earliest practicable date when such 
     improvements can be made. The evaluation shall also include a 
     detailed plan and schedule for bringing all applicable 
     stations into compliance with the applicable parts of section 
     242(e)(2) by the 2010 statutory deadline for station 
     accessibility. Amtrak shall submit the evaluation to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives; the Committee on Commerce, Science, and 
     Transportation of the Senate; the Department of 
     Transportation; and the National Council on Disability by 
     February 1, 2009, along with recommendations for funding the 
     necessary improvements. Should the Department of 
     Transportation issue any rule related to transportation for 
     individuals with disabilities by intercity passenger rail 
     after Amtrak submits its evaluation, Amtrak shall, within 120 
     days after the date that such rule is published, submit to 
     the above parties a supplemental evaluation on any impact of 
     the rule on its cost and schedule for achieving full 
     compliance.
       (b) Accessibility Improvements and Barrier Removal for 
     People With Disabilities.--There are authorized to be 
     appropriated to the Secretary for the use of Amtrak such sums 
     as may be necessary to improve the accessibility of 
     facilities, including rail platforms, and services.

     SEC. 220. OVERSIGHT OF AMTRAK'S COMPLIANCE WITH ACCESSIBILITY 
                   REQUIREMENTS.

       Using the funds authorized by section 103 of this division, 
     the Federal Railroad Administration shall monitor and conduct 
     periodic reviews of Amtrak's compliance with applicable 
     sections of the Americans with Disabilities Act of 1990 and 
     the Rehabilitation Act of 1974 to ensure that Amtrak's 
     services and facilities are accessible to individuals with 
     disabilities to the extent required by law.

     SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY.

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

     ``Sec. 24310. Management accountability

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

``24310. Management accountability.''.

     SEC. 222. ON-BOARD SERVICE IMPROVEMENTS.

       (a) In General.--Within 1 year after metrics and standards 
     are established under section 207 of this division, Amtrak 
     shall develop and implement a plan to improve on-board 
     service pursuant to the metrics and standards for such 
     service developed under that section.
       (b) Report.--Amtrak shall provide a report to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate on the on-board service 
     improvements proscribed in the plan and the timeline for 
     implementing such improvements.

     SEC. 223. INCENTIVE PAY.

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

     SEC. 224. PASSENGER RAIL SERVICE STUDIES.

       (a) Intercity Rail Service Studies.--Within 1 year after 
     the date of enactment of this Act, Amtrak shall conduct 
     studies of the following routes:
       (1) The Pioneer Route between Seattle and Chicago, which 
     was operated by Amtrak until 1997, to determine whether to 
     reinstate passenger rail service along the route or along 
     segments of the route.
       (2) The North Coast Hiawatha Route between Chicago and 
     Seattle, through southern Montana, which was operated by 
     Amtrak until 1979, to determine whether to reinstate 
     passenger rail service along the route or along segments of 
     the route, provided that such service will not negatively 
     impact existing Amtrak routes.
       (3) Between Cornwells Heights, Pennsylvania, and New York, 
     New York, to determine whether to expand passenger rail 
     service by increasing the frequency of stops or reducing 
     commuter ticket prices for this route.
       (4) Between Princeton Junction, New Jersey, and 
     Philadelphia, Pennsylvania, to determine whether to expand 
     passenger rail service along the route.
       (5) Between Harrisburg and Pittsburgh, Pennsylvania, to 
     determine whether to increase frequency of passenger rail 
     service along the route or along segments of the route.
       (6) The Capitol Limited Route between Cumberland, Maryland, 
     and Pittsburgh, Pennsylvania, to determine whether to 
     reinstate a station stop at Rockwood, Pennsylvania.
       (b) Assistance.--The Comptroller General of the General 
     Accountability Office shall, upon request by Amtrak, assist 
     Amtrak in conducting the studies under subsection (a).
       (c) High-Speed Rail Corridor Studies.--(1) The Secretary 
     shall conduct--
       (A) an analysis of the Secretary's December 1, 1998, 
     extension of the designation of the Southeast High-Speed Rail 
     Corridor as authorized under section 104(d)(2) of title 23, 
     United States Code, including an analysis of alternative 
     routings for the corridor;
       (B) a feasibility analysis regarding the expansion of the 
     South Central High-Speed Rail Corridor--
       (i) to Memphis, Tennessee;
       (ii) to the Port of Houston, Texas;
       (iii) through Killeen, Texas; and
       (iv) south of San Antonio, Texas, to a location in far 
     south Texas to be chosen at the discretion of the Secretary; 
     and
       (C) a feasibility analysis regarding the expansion of the 
     Keystone Corridor to Cleveland, Ohio.

     These analyses shall consider changes that have occurred in 
     the region's population, anticipated patterns of population 
     growth, connectivity with other modes of transportation, the 
     ability of the proposed corridor to reduce regional traffic 
     congestion, and the ability of current and proposed routings 
     to enhance tourism. Within 1 year after the date of enactment 
     of this Act, the Secretary shall submit a report on these 
     analyses to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and shall redesignate or modify corridor designations 
     based on these analyses, if necessary.
       (2) The Secretary shall establish a process for a State or 
     group of States to petition the Secretary to redesignate or 
     modify any designated high-speed rail corridors.

     SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL 
                   ROUTES.

       Within 6 months after the date of the enactment of this 
     Act, the Inspector General of the Department of 
     Transportation shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report that--
       (1) describes service delays and the sources of such delays 
     on--
       (A) the Amtrak passenger rail route between Seattle, 
     Washington, and Los Angeles, California (commonly known as 
     the ``Coast Starlight''); and
       (B) the Amtrak passenger rail route between Vancouver, 
     British Columbia, Canada, and Eugene, Oregon (commonly known 
     as ``Amtrak Cascades''); and
       (2) contains recommendations for improving the on-time 
     performance of such routes.

     SEC. 226. PLAN FOR RESTORATION OF SERVICE.

       Within 9 months after the date of enactment of this Act, 
     Amtrak shall transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a plan for restoring passenger rail service between 
     New Orleans, Louisiana, and Sanford, Florida. The plan shall 
     include a projected timeline for restoring such service, the 
     costs associated with restoring such service, and any 
     proposals for legislation necessary to support such 
     restoration of service. In developing the plan, Amtrak shall 
     consult with representatives from the States of Louisiana, 
     Alabama, Mississippi, and Florida, railroad carriers whose 
     tracks may be used for such service, rail passengers, rail 
     labor, and other entities as appropriate.

[[Page 21080]]



     SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZATION STUDY.

       Within 9 months after the date of enactment of this Act, 
     the Inspector General of the Department of Transportation 
     shall transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on Amtrak's utilization of its equipment 
     maintenance and repair facilities, including the Beech Grove 
     Mechanical Facility in Indiana. The report shall include an 
     examination of Amtrak's utilization of its existing equipment 
     maintenance and repair facilities, the productivity of such 
     facilities, and the extent to which Amtrak is maximizing 
     opportunities for utilizing each facility, including the 
     provision of maintenance and repair to other rail carriers. 
     In developing this report, the Inspector General shall 
     consult with the Inspector General of Amtrak, Amtrak 
     management, rail labor, and other railroad carriers, as it 
     deems appropriate.

     SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO 
                   MAINTAIN AMTRAK AS A NATIONAL PASSENGER RAIL 
                   SYSTEM.

       (a) Findings.--The Congress makes the following findings:
       (1) In fiscal year 2007, 3,800,000 passengers traveled on 
     Amtrak's long-distance trains, an increase of 2.4 percent 
     over fiscal year 2006.
       (2) Amtrak long-distance routes generated $376,000,000 in 
     revenue in fiscal year 2007, an increase of 5 percent over 
     fiscal year 2006.
       (3) Amtrak operates 15 long-distance trains over 18,500 
     route miles that serve 39 States and the District of 
     Columbia. These trains provide the only rail passenger 
     service to 23 States.
       (4) Amtrak's long-distance trains provide an essential 
     transportation service for many communities and to a 
     significant percentage of the general public.
       (5) Many long-distance trains serve small communities with 
     limited or no significant air or bus service, especially in 
     remote or isolated areas in the United States.
       (6) As a result of airline deregulation and decisions by 
     national bus carriers to leave many communities, rail 
     transportation may provide the only feasible common carrier 
     transportation option for a growing number of areas.
       (7) If long-distance trains were eliminated, 23 States and 
     243 communities would be left with no intercity passenger 
     rail service and 16 other States would lose some rail 
     service. These trains provide a strong economic benefit for 
     the States and communities that they serve.
       (8) Long-distance trains also provide transportation during 
     periods of severe weather or emergencies that stall other 
     modes of transportation.
       (9) Amtrak provided the only reliable long-distance 
     transportation following the September 11, 2001, terrorist 
     attacks that grounded air travel.
       (10) The majority of passengers on long-distance trains do 
     not travel between the endpoints, but rather between any 
     combination of cities along the route.
       (11) Passenger trains provide transportation options, 
     mobility for underserved populations, congestion mitigation, 
     and jobs in the areas they serve.
       (12) Passenger rail has a positive impact on the 
     environment compared to other modes of transportation by 
     conserving energy, reducing greenhouse gas emissions, and 
     cutting down on other airborne particulate and toxic 
     emissions.
       (13) Amtrak communities that are served use passenger rail 
     and passenger rail stations as a significant source of 
     economic development.
       (14) This division makes meaningful and important reforms 
     to increase the efficiency, profitability and on-time 
     performance of Amtrak's long-distance routes.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) long-distance passenger rail is a vital and necessary 
     part of our national transportation system and economy; and
       (2) Amtrak should maintain a national passenger rail 
     system, including long-distance routes, that connects the 
     continental United States from coast to coast and from border 
     to border.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

     SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL 
                   SERVICE.

       (a) In General.--Part C of subtitle V is amended by 
     inserting the following after chapter 243:

   ``CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL 
                               ASSISTANCE

``Sec.
``24401. Definitions.
``24402. Capital investment grants to support intercity passenger rail 
              service.
``24403. Project management oversight.
``24404. Use of capital grants to finance first-dollar liability of 
              grant project.
``24405. Grant conditions.
``24406. Authorization of appropriations.

     ``Sec. 24401. Definitions

       ``In this chapter:
       ``(1) Applicant.--The term `applicant' means a State 
     (including the District of Columbia), a group of States, an 
     Interstate Compact, or a public agency established by one or 
     more States and having responsibility for providing intercity 
     passenger rail service.
       ``(2) Capital project.--The term `capital project' means a 
     project or program in a State rail plan developed under 
     chapter 227 of this title for--
       ``(A) acquiring, constructing, improving, or inspecting 
     equipment, track and track structures, or a facility for use 
     in or for the primary benefit of intercity passenger rail 
     service, expenses incidental to the acquisition or 
     construction (including designing, engineering, location 
     surveying, mapping, environmental studies, and acquiring 
     rights-of-way), payments for the capital portions of rail 
     trackage rights agreements, highway-rail grade crossing 
     improvements related to intercity passenger rail service, 
     mitigating environmental impacts, communication and 
     signalization improvements, relocation assistance, acquiring 
     replacement housing sites, and acquiring, constructing, 
     relocating, and rehabilitating replacement housing;
       ``(B) rehabilitating, remanufacturing or overhauling rail 
     rolling stock and facilities used primarily in intercity 
     passenger rail service;
       ``(C) costs associated with developing State rail plans; 
     and
       ``(D) the first-dollar liability costs for insurance 
     related to the provision of intercity passenger rail service 
     under section 24404.
       ``(3) Intercity passenger rail service.--The term 
     `intercity passenger rail service' means intercity rail 
     passenger transportation, as defined in section 24102 of this 
     title.

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

       ``(a) General Authority.--
       ``(1) The Secretary of Transportation may make grants under 
     this section to an applicant to assist in financing the 
     capital costs of facilities, infrastructure, and equipment 
     necessary to provide or improve intercity passenger rail 
     transportation.
       ``(2) Consistent with the requirements of this chapter, the 
     Secretary shall require that a grant under this section be 
     subject to the terms, conditions, requirements, and 
     provisions the Secretary decides are necessary or appropriate 
     for the purposes of this section, including requirements for 
     the disposition of net increases in value of real property 
     resulting from the project assisted under this section and 
     shall prescribe procedures and schedules for the awarding of 
     grants under this title, including application and 
     qualification procedures and a record of decision on 
     applicant eligibility. The Secretary shall issue a final rule 
     establishing such procedures not later than 2 years after the 
     date of enactment of the Passenger Rail Investment and 
     Improvement Act of 2008. For the period prior to the earlier 
     of the issuance of such a rule or 2 years after the date of 
     enactment of such Act, the Secretary shall issue interim 
     guidance to applicants covering such procedures, and 
     administer the grant program authorized under this section 
     pursuant to such guidance.
       ``(b) Project as Part of State Rail Plan.--
       ``(1) The Secretary may not approve a grant for a project 
     under this section unless the Secretary finds that the 
     project is part of a State rail plan developed under chapter 
     227 of this title, or under the plan required by section 211 
     of the Passenger Rail Investment and Improvement Act of 2008, 
     and that the applicant or recipient has or will have the 
     legal, financial, and technical capacity to carry out the 
     project, satisfactory continuing control over the use of the 
     equipment or facilities, and the capability and willingness 
     to maintain the equipment or facilities.
       ``(2) An applicant shall provide sufficient information 
     upon which the Secretary can make the findings required by 
     this subsection.
       ``(3) If an applicant has not selected the proposed 
     operator of its service competitively, the applicant shall 
     provide written justification to the Secretary showing why 
     the proposed operator is the best, taking into account price 
     and other factors, and that use of the proposed operator will 
     not unnecessarily increase the cost of the project.
       ``(c) Project Selection Criteria.--The Secretary, in 
     selecting the recipients of financial assistance to be 
     provided under subsection (a), shall--
       ``(1) require--
       ``(A) that the project be part of a State rail plan 
     developed under chapter 227 of this title, or under the plan 
     required by section 211 of the Passenger Rail Investment and 
     Improvement Act of 2008;
       ``(B) that the applicant or recipient has or will have the 
     legal, financial, and technical capacity to carry out the 
     project, satisfactory continuing control over the use of the 
     equipment or facilities, and the capability and willingness 
     to maintain the equipment or facilities;
       ``(C) that the applicant provides sufficient information 
     upon which the Secretary can make the findings required by 
     this subsection;

[[Page 21081]]

       ``(D) that if an applicant has selected the proposed 
     operator of its service competitively, that the applicant 
     provide written justification to the Secretary showing why 
     the proposed operator is the best, taking into account costs 
     and other factors;
       ``(E) that each proposed project meet all safety and 
     security requirements that are applicable to the project 
     under law; and
       ``(F) that each project be compatible with, and operated in 
     conformance with--
       ``(i) plans developed pursuant to the requirements of 
     section 135 of title 23, United States Code; and
       ``(ii) the national rail plan (if it is available);
       ``(2) select projects--
       ``(A) that are anticipated to result in significant 
     improvements to intercity rail passenger service, including, 
     but not limited to, consideration of--
       ``(i) the project's levels of estimated ridership, 
     increased on-time performance, reduced trip time, additional 
     service frequency to meet anticipated or existing demand, or 
     other significant service enhancements as measured against 
     minimum standards developed under section 207 of the 
     Passenger Rail Investment and Improvement Act of 2008;
       ``(ii) the project's anticipated favorable impact on air or 
     highway traffic congestion, capacity, or safety; and
       ``(iii) identification of the project by the Surface 
     Transportation Board as necessary to improve the on-time 
     performance and reliability of intercity passenger rail under 
     section 24308(f);
       ``(B) for which there is a high degree of confidence that 
     the proposed project is feasible and will result in the 
     anticipated benefits, as indicated by--
       ``(i) the project's precommencement compliance with 
     environmental protection requirements;
       ``(ii) the readiness of the project to be commenced;
       ``(iii) the timing and amount of the project's future 
     noncommitted investments;
       ``(iv) the commitment of any affected host rail carrier to 
     ensure the realization of the anticipated benefits; and
       ``(v) other relevant factors as determined by the 
     Secretary; and
       ``(C) for which the level of the anticipated benefits 
     compares favorably to the amount of Federal funding requested 
     under this chapter; and
       ``(3) give greater consideration to projects--
       ``(A) that are anticipated to result in benefits to other 
     modes transportation and to the public at large, including, 
     but not limited to, consideration of the project's--
       ``(i) encouragement of intermodal connectivity through 
     provision of direct connections between train stations, 
     airports, bus terminals, subway stations, ferry ports, and 
     other modes of transportation;
       ``(ii) anticipated improvement of freight or commuter rail 
     operations;
       ``(iii) encouragement of the use of positive train control 
     technologies;
       ``(iv) environmental benefits, including projects that 
     involve the purchase of environmentally sensitive, fuel-
     efficient, and cost-effective passenger rail equipment;
       ``(v) anticipated positive economic and employment impacts;
       ``(vi) encouragement of State and private contributions 
     toward station development, energy and environmentally 
     efficiency, and economic benefits; and
       ``(vii) falling under the description in section 
     5302(a)(1)(G) of this title as defined to support intercity 
     passenger rail service; and
       ``(B) that incorporate equitable financial participation in 
     the project's financing, including, but not limited to, 
     consideration of--
       ``(i) donated property interests or services;
       ``(ii) financial contributions by freight and commuter rail 
     carriers commensurate with the benefit expected to their 
     operations; and
       ``(iii) financial commitments from host railroads, non-
     Federal governmental entities, nongovernmental entities, and 
     others.
       ``(d) State Rail Plans.--State rail plans completed before 
     the date of enactment of the Passenger Rail Investment and 
     Improvement Act of 2008 that substantially meet the 
     requirements of chapter 227 of this title, as determined by 
     the Secretary pursuant to section 22506 of this title, shall 
     be deemed by the Secretary to have met the requirements of 
     subsection (c)(1)(A) of this section.
       ``(e) Amtrak Eligibility.--To receive a grant under this 
     section, Amtrak may enter into a cooperative agreement with 1 
     or more States to carry out 1 or more projects on a State 
     rail plan's ranked list of rail capital projects developed 
     under section 22504(a)(5) of this title. For such a grant, 
     Amtrak may not use Federal funds authorized under section 
     101(a) or (c) of the Passenger Rail Investment and 
     Improvement Act of 2008 to fulfill the non-Federal share 
     requirements under subsection (g) of this section.
       ``(f) Letters of Intent and Early Systems Work 
     Agreements.--
       ``(1) The Secretary may issue a letter of intent to an 
     applicant announcing an intention to obligate, for a major 
     capital project under this section, an amount from future 
     available budget authority specified in law that is not more 
     than the amount stipulated as the financial participation of 
     the Secretary in the project.
       ``(2) At least 30 days before issuing a letter under 
     paragraph (1) of this subsection, the Secretary shall notify 
     in writing the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Committee on Commerce, 
     Science, and Transportation of the Senate, and the House and 
     Senate Committees on Appropriations of the proposed letter or 
     agreement. The Secretary shall include with the notification 
     a copy of the proposed letter or agreement, the criteria used 
     in subsection (c) for selecting the project for a grant 
     award, and a description of how the project meets such 
     criteria.
       ``(3) An obligation or administrative commitment may be 
     made only when amounts are appropriated. The letter of intent 
     shall state that the contingent commitment is not an 
     obligation of the Federal Government, and is subject to the 
     availability of appropriations under Federal law and to 
     Federal laws in force or enacted after the date of the 
     contingent commitment.
       ``(g) Federal Share of Net Project Cost.--
       ``(1)(A) Based on engineering studies, studies of economic 
     feasibility, and information on the expected use of equipment 
     or facilities, the Secretary shall estimate the net project 
     cost.
       ``(B) A grant for the project shall not exceed 80 percent 
     of the project net capital cost.
       ``(C) The Secretary shall give priority in allocating 
     future obligations and contingent commitments to incur 
     obligations to grant requests seeking a lower Federal share 
     of the project net capital cost.
       ``(2) Up to an additional 20 percent of the required non-
     Federal funds may be funded from amounts appropriated to or 
     made available to a department or agency of the Federal 
     Government that are eligible to be expended for 
     transportation.
       ``(3) The following amounts, not to exceed $15,000,000 per 
     fiscal year, shall be available to each applicant as a credit 
     toward an applicant's matching requirement for a grant 
     awarded under this section--
       ``(A) in each of fiscal years 2009, 2010, and 2011--
       ``(i) 50 percent of the average of amounts expended in 
     fiscal years 2002 through 2008 by an applicant for capital 
     projects related to intercity passenger rail service; and
       ``(ii) 50 percent of the average of amounts expended in 
     fiscal years 2002 through 2008 by an applicant for operating 
     costs of such service; and
       ``(B) in each of fiscal years 2010, 2011 and 2012, 50 
     percent of the amount by which the amounts expended for 
     capital projects and operating costs related to intercity 
     passenger rail service by an applicant in the prior fiscal 
     year exceed the average capital and operating expenditures 
     made for such service in fiscal years 2006, 2007, and 2008.

     CThe Secretary may require such information as necessary to 
     verify such expenditures. Credits made available to an 
     applicant in a fiscal year under this paragraph may only be 
     applied towards grants awarded in that fiscal year.
       ``(4) The Federal share of expenditures for capital 
     improvements under this chapter may not exceed 100 percent.
       ``(h) 2-Year Availability.--Funds appropriated under this 
     section shall remain available until expended. If any amount 
     provided as a grant under this section is not obligated or 
     expended for the purposes described in subsection (a) within 
     2 years after the date on which the State received the grant, 
     such sums shall be returned to the Secretary for other 
     intercity passenger rail development projects under this 
     section at the discretion of the Secretary.
       ``(i) Cooperative Agreements.--
       ``(1) In general.--A metropolitan planning organization, 
     State transportation department, or other project sponsor may 
     enter into an agreement with any public, private, or 
     nonprofit entity to cooperatively implement any project 
     funded with a grant under this chapter.
       ``(2) Forms of participation.--Participation by an entity 
     under paragraph (1) may consist of--
       ``(A) ownership or operation of any land, facility, 
     locomotive, rail car, vehicle, or other physical asset 
     associated with the project;
       ``(B) cost-sharing of any project expense;
       ``(C) carrying out administration, construction management, 
     project management, project operation, or any other 
     management or operational duty associated with the project; 
     and
       ``(D) any other form of participation approved by the 
     Secretary.
       ``(3) Suballocation.--A State may allocate funds under this 
     section to any entity described in paragraph (1).
       ``(j) Special Transportation Circumstances.--In carrying 
     out this section, the Secretary shall allocate an appropriate 
     portion of the amounts available under this section to 
     provide grants to States--
       ``(1) in which there is no intercity passenger rail service 
     for the purpose of funding freight rail capital projects that 
     are on a State rail plan developed under chapter 227 of this 
     title that provide public benefits (as defined in chapter 
     227) as determined by the Secretary; or

[[Page 21082]]

       ``(2) in which the rail transportation system is not 
     physically connected to rail systems in the continental 
     United States or may not otherwise qualify for a grant under 
     this section due to the unique characteristics of the 
     geography of that State or other relevant considerations, for 
     the purpose of funding transportation-related capital 
     projects.
       ``(k) Small Capital Projects.--The Secretary shall make not 
     less than 5 percent annually available from the amounts 
     authorized under section 101(c) of the Passenger Rail 
     Investment and Improvement Act of 2008 beginning in fiscal 
     year 2009 for grants for capital projects eligible under this 
     section not exceeding $2,000,000, including costs eligible 
     under section 209(d) of that Act. For grants awarded under 
     this subsection, the Secretary may waive requirements of this 
     section, including state rail plan requirements, as 
     appropriate.
       ``(l) Nonmotorized Transportation Access and Storage.--
     Grants under this chapter may be used to provide access to 
     rolling stock for nonmotorized transportation, including 
     bicycles, and recreational equipment, and to provide storage 
     capacity in trains for such transportation, equipment, and 
     other luggage, to ensure passenger safety.

     ``Sec. 24403. Project management oversight

       ``(a) Project Management Plan Requirements.--To receive 
     Federal financial assistance for a major capital project 
     under this chapter, an applicant must prepare and carry out a 
     project management plan approved by the Secretary of 
     Transportation. The plan shall provide for--
       ``(1) adequate recipient staff organization with well-
     defined reporting relationships, statements of functional 
     responsibilities, job descriptions, and job qualifications;
       ``(2) a budget covering the project management 
     organization, appropriate consultants, property acquisition, 
     utility relocation, systems demonstration staff, audits, and 
     miscellaneous payments the recipient may be prepared to 
     justify;
       ``(3) a construction schedule for the project;
       ``(4) a document control procedure and recordkeeping 
     system;
       ``(5) a change order procedure that includes a documented, 
     systematic approach to handling the construction change 
     orders;
       ``(6) organizational structures, management skills, and 
     staffing levels required throughout the construction phase;
       ``(7) quality control and quality assurance functions, 
     procedures, and responsibilities for construction, system 
     installation, and integration of system components;
       ``(8) material testing policies and procedures;
       ``(9) internal plan implementation and reporting 
     requirements;
       ``(10) criteria and procedures to be used for testing the 
     operational system or its major components;
       ``(11) periodic updates of the plan, especially related to 
     project budget and project schedule, financing, and ridership 
     estimates; and
       ``(12) the recipient's commitment to submit periodically a 
     project budget and project schedule to the Secretary.
       ``(b) Secretarial Oversight.--
       ``(1) The Secretary may use no more than 1 percent of 
     amounts made available in a fiscal year for capital projects 
     under this chapter to enter into contracts to oversee the 
     construction of such projects.
       ``(2) The Secretary may use amounts available under 
     paragraph (1) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under paragraph 
     (1).
       ``(3) The Federal Government shall pay the entire cost of 
     carrying out a contract under this subsection.
       ``(c) Access to Sites and Records.--Each recipient of 
     assistance under this chapter shall provide the Secretary and 
     a contractor the Secretary chooses under subsection (b) of 
     this section with access to the construction sites and 
     records of the recipient when reasonably necessary.

     ``Sec. 24404. Use of capital grants to finance first-dollar 
       liability of grant project

       ``Notwithstanding the requirements of section 24402 of this 
     chapter, the Secretary of Transportation may approve the use 
     of a capital assistance grant under this chapter to fund 
     self-insured retention of risk for the first tier of 
     liability insurance coverage for rail passenger service 
     associated with the grant, but the coverage may not exceed 
     $20,000,000 per occurrence or $20,000,000 in aggregate per 
     year.

     ``Sec. 24405. Grant conditions

       ``(a) Buy America.--(1) The Secretary of Transportation may 
     obligate an amount that may be appropriated to carry out this 
     chapter for a project only if the steel, iron, and 
     manufactured goods used in the project are produced in the 
     United States.
       ``(2) The Secretary of Transportation may waive paragraph 
     (1) of this subsection if the Secretary finds that--
       ``(A) applying paragraph (1) would be inconsistent with the 
     public interest;
       ``(B) the steel, iron, and goods produced in the United 
     States are not produced in a sufficient and reasonably 
     available amount or are not of a satisfactory quality;
       ``(C) rolling stock or power train equipment cannot be 
     bought and delivered in the United States within a reasonable 
     time; or
       ``(D) including domestic material will increase the cost of 
     the overall project by more than 25 percent.
       ``(3) For purposes of this subsection, in calculating the 
     components' costs, labor costs involved in final assembly 
     shall not be included in the calculation.
       ``(4) If the Secretary determines that it is necessary to 
     waive the application of paragraph (1) based on a finding 
     under paragraph (2), the Secretary shall, before the date on 
     which such finding takes effect--
       ``(A) publish in the Federal Register a detailed written 
     justification as to why the waiver is needed; and
       ``(B) provide notice of such finding and an opportunity for 
     public comment on such finding for a reasonable period of 
     time not to exceed 15 days.
       ``(5) Not later than December 31, 2012, the Secretary shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate a report 
     on any waivers granted under paragraph (2).
       ``(6) The Secretary of Transportation may not make a waiver 
     under paragraph (2) of this subsection for goods produced in 
     a foreign country if the Secretary, in consultation with the 
     United States Trade Representative, decides that the 
     government of that foreign country--
       ``(A) has an agreement with the United States Government 
     under which the Secretary has waived the requirement of this 
     subsection; and
       ``(B) has violated the agreement by discriminating against 
     goods to which this subsection applies that are produced in 
     the United States and to which the agreement applies.
       ``(7) A person is ineligible to receive a contract or 
     subcontract made with amounts authorized under this chapter 
     if a court or department, agency, or instrumentality of the 
     Government decides the person intentionally--
       ``(A) affixed a `Made in America' label, or a label with an 
     inscription having the same meaning, to goods sold in or 
     shipped to the United States that are used in a project to 
     which this subsection applies but not produced in the United 
     States; or
       ``(B) represented that goods described in subparagraph (A) 
     of this paragraph were produced in the United States.
       ``(8) The Secretary may not impose any limitation on 
     assistance provided under this chapter that restricts a State 
     from imposing more stringent requirements than this 
     subsection on the use of articles, materials, and supplies 
     mined, produced, or manufactured in foreign countries in 
     projects carried out with that assistance or restricts a 
     recipient of that assistance from complying with those State-
     imposed requirements.
       ``(9) The Secretary may allow a manufacturer or supplier of 
     steel, iron, or manufactured goods to correct after bid 
     opening any certification of noncompliance or failure to 
     properly complete the certification (but not including 
     failure to sign the certification) under this subsection if 
     such manufacturer or supplier attests under penalty of 
     perjury that such manufacturer or supplier submitted an 
     incorrect certification as a result of an inadvertent or 
     clerical error. The burden of establishing inadvertent or 
     clerical error is on the manufacturer or supplier.
       ``(10) A party adversely affected by an agency action under 
     this subsection shall have the right to seek review under 
     section 702 of title 5.
       ``(11) The requirements of this subsection shall only apply 
     to projects for which the costs exceed $100,000.
       ``(b) Operators Deemed Rail Carriers and Employers for 
     Certain Purposes.--A person that conducts rail operations 
     over rail infrastructure constructed or improved with funding 
     provided in whole or in part in a grant made under this 
     chapter shall be considered a rail carrier as defined in 
     section 10102(5) of this title for purposes of this title and 
     any other statute that adopts that definition or in which 
     that definition applies, including--
       ``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
     seq.);
       ``(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
       ``(3) the Railroad Unemployment Insurance Act (45 U.S.C. 
     351 et seq.).
       ``(c) Grant Conditions.--The Secretary shall require as a 
     condition of making any grant under this chapter for a 
     project that uses rights-of-way owned by a railroad that--
       ``(1) a written agreement exist between the applicant and 
     the railroad regarding such use and ownership, including--
       ``(A) any compensation for such use;
       ``(B) assurances regarding the adequacy of infrastructure 
     capacity to accommodate both existing and future freight and 
     passenger operations;
       ``(C) an assurance by the railroad that collective 
     bargaining agreements with the railroad's employees 
     (including terms regulating the contracting of work) will 
     remain in full force and effect according to their terms for 
     work performed by the railroad on the railroad transportation 
     corridor; and

[[Page 21083]]

       ``(D) an assurance that an applicant complies with 
     liability requirements consistent with section 28103 of this 
     title; and
       ``(2) the applicant agrees to comply with--
       ``(A) the standards of section 24312 of this title, as such 
     section was in effect on September 1, 2003, with respect to 
     the project in the same manner that Amtrak is required to 
     comply with those standards for construction work financed 
     under an agreement made under section 24308(a) of this title; 
     and
       ``(B) the protective arrangements established under section 
     504 of the Railroad Revitalization and Regulatory Reform Act 
     of 1976 (45 U.S.C. 836) with respect to employees affected by 
     actions taken in connection with the project to be financed 
     in whole or in part by grants under this chapter.
       ``(d) Replacement of Existing Intercity Passenger Rail 
     Service.--
       ``(1) Collective bargaining agreement for intercity 
     passenger rail projects.--Any entity providing intercity 
     passenger railroad transportation that begins operations 
     after the date of enactment of this Act on a project funded 
     in whole or in part by grants made under this chapter and 
     replaces intercity rail passenger service that was provided 
     by Amtrak, unless such service was provided solely by Amtrak 
     to another entity, as of such date shall enter into an 
     agreement with the authorized bargaining agent or agents for 
     adversely affected employees of the predecessor provider 
     that--
       ``(A) gives each such qualified employee of the predecessor 
     provider priority in hiring according to the employee's 
     seniority on the predecessor provider for each position with 
     the replacing entity that is in the employee's craft or class 
     and is available within 3 years after the termination of the 
     service being replaced;
       ``(B) establishes a procedure for notifying such an 
     employee of such positions;
       ``(C) establishes a procedure for such an employee to apply 
     for such positions; and
       ``(D) establishes rates of pay, rules, and working 
     conditions.
       ``(2) Immediate replacement service.--
       ``(A) Negotiations.--If the replacement of preexisting 
     intercity rail passenger service occurs concurrent with or 
     within a reasonable time before the commencement of the 
     replacing entity's rail passenger service, the replacing 
     entity shall give written notice of its plan to replace 
     existing rail passenger service to the authorized collective 
     bargaining agent or agents for the potentially adversely 
     affected employees of the predecessor provider at least 90 
     days before the date on which it plans to commence service. 
     Within 5 days after the date of receipt of such written 
     notice, negotiations between the replacing entity and the 
     collective bargaining agent or agents for the employees of 
     the predecessor provider shall commence for the purpose of 
     reaching agreement with respect to all matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). The 
     negotiations shall continue for 30 days or until an agreement 
     is reached, whichever is sooner. If at the end of 30 days the 
     parties have not entered into an agreement with respect to 
     all such matters, the unresolved issues shall be submitted 
     for arbitration in accordance with the procedure set forth in 
     subparagraph (B).
       ``(B) Arbitration.--If an agreement has not been entered 
     into with respect to all matters set forth in subparagraphs 
     (A) through (D) of paragraph (1) as described in subparagraph 
     (A) of this paragraph, the parties shall select an 
     arbitrator. If the parties are unable to agree upon the 
     selection of such arbitrator within 5 days, either or both 
     parties shall notify the National Mediation Board, which 
     shall provide a list of seven arbitrators with experience in 
     arbitrating rail labor protection disputes. Within 5 days 
     after such notification, the parties shall alternately strike 
     names from the list until only 1 name remains, and that 
     person shall serve as the neutral arbitrator. Within 45 days 
     after selection of the arbitrator, the arbitrator shall 
     conduct a hearing on the dispute and shall render a decision 
     with respect to the unresolved issues among the matters set 
     forth in subparagraphs (A) through (D) of paragraph (1). The 
     arbitrator shall be guided by prevailing national standard 
     rates of pay, benefits, and working conditions for comparable 
     work. This decision shall be final, binding, and conclusive 
     upon the parties. The salary and expenses of the arbitrator 
     shall be borne equally by the parties; all other expenses 
     shall be paid by the party incurring them.
       ``(3) Service commencement.--A replacing entity under this 
     subsection shall commence service only after an agreement is 
     entered into with respect to the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1) or the 
     decision of the arbitrator has been rendered.
       ``(4) Subsequent replacement of service.--If the 
     replacement of existing rail passenger service takes place 
     within 3 years after the replacing entity commences intercity 
     passenger rail service, the replacing entity and the 
     collective bargaining agent or agents for the adversely 
     affected employees of the predecessor provider shall enter 
     into an agreement with respect to the matters set forth in 
     subparagraphs (A) through (D) of paragraph (1). If the 
     parties have not entered into an agreement with respect to 
     all such matters within 60 days after the date on which the 
     replacing entity replaces the predecessor provider, the 
     parties shall select an arbitrator using the procedures set 
     forth in paragraph (2)(B), who shall, within 20 days after 
     the commencement of the arbitration, conduct a hearing and 
     decide all unresolved issues. This decision shall be final, 
     binding, and conclusive upon the parties.
       ``(e) Inapplicability to Certain Rail Operations.--Nothing 
     in this section applies to--
       ``(1) commuter rail passenger transportation (as defined in 
     section 24102(4) of this title) operations of a State or 
     local government authority (as those terms are defined in 
     section 5302(11) and (6), respectively, of this title) 
     eligible to receive financial assistance under section 5307 
     of this title, or to its contractor performing services in 
     connection with commuter rail passenger operations (as so 
     defined);
       ``(2) the Alaska Railroad or its contractors; or
       ``(3) Amtrak's access rights to railroad rights of way and 
     facilities under current law.
       ``(f) Limitation.--No grants shall be provided under this 
     chapter for commuter rail passenger transportation, as 
     defined in section 24102(4) of this title.

     ``Sec. 24406. Authorization of appropriations

       ``There are authorized to be appropriated to the Secretary 
     of Transportation for capital grants under this chapter the 
     following amounts:
       ``(1) For fiscal year 2009, $100,000,000.
       ``(2) For fiscal year 2010, $300,000,000.
       ``(3) For fiscal year 2011, $400,000,000.
       ``(4) For fiscal year 2012, $500,000,000.
       ``(5) For fiscal year 2013, $600,000,000.''.
       (b) Conforming Amendment.--The chapter analysis for 
     subtitle V is amended by inserting the following after the 
     item relating to chapter 243:

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

       (c) Assistance.--In implementing section 24405(a) of title 
     49, United States Code, the Federal Highway Administration 
     shall, upon request by the Federal Railroad Administration, 
     assist the Federal Railroad Administration in developing a 
     process for posting on its website or distributing via email 
     notices of waiver requests received pursuant to such 
     subsection and soliciting public comments on the intent to 
     issue a waiver. The Federal Railroad Administration's 
     development of such a process does not relieve the Federal 
     Railroad Administration of the requirements under paragraph 
     (4) of such subsection.

     SEC. 302. CONGESTION GRANTS.

       (a) Amendment.--Chapter 241 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 24105. Congestion grants

       ``(a) Authority.--The Secretary of Transportation may make 
     grants to States, or to Amtrak in cooperation with States, 
     for financing the capital costs of facilities, 
     infrastructure, and equipment for high priority rail corridor 
     projects necessary to reduce congestion or facilitate 
     ridership growth in intercity rail passenger transportation.
       ``(b) Eligible Projects.--Projects eligible for grants 
     under this section include projects--
       ``(1) identified by Amtrak as necessary to reduce 
     congestion or facilitate ridership growth in intercity rail 
     passenger transportation along heavily traveled rail 
     corridors;
       ``(2) identified by the Surface Transportation Board as 
     necessary to improve the on time performance and reliability 
     of intercity rail passenger transportation under section 
     24308(f); and
       ``(3) designated by the Secretary as being sufficiently 
     advanced in development to be capable of serving the purposes 
     described in subsection (a) on an expedited schedule.
       ``(c) Federal Share.--The Federal share of the cost of a 
     project financed under this section shall not exceed 80 
     percent.
       ``(d) Grant Conditions.--The Secretary of Transportation 
     shall require each recipient of a grant under this section to 
     comply with the grant requirements of section 24405 of this 
     title.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated, from amounts made available 
     under section 301 of the Passenger Rail Investment and 
     Improvement Act of 2008, to the Secretary to carry out this 
     section--
       ``(1) $50,000,000 for fiscal year 2010;
       ``(2) $75,000,000 for fiscal year 2011;
       ``(3) $100,000,000 for fiscal year 2012; and
       ``(4) $100,000,000 for fiscal year 2013.''.
       (b) Table of Sections Amendment.--The table of sections for 
     such chapter 241 is amended by adding at the end the 
     following new item:

``24105. Congestion grants.''.

     SEC. 303. STATE RAIL PLANS.

       (a) In General.--Part B of subtitle V is amended by adding 
     at the end the following:

                    ``CHAPTER 227--STATE RAIL PLANS

``Sec.
``22701. Definitions.
``22702. Authority.
``22703. Purposes.
``22704. Transparency; coordination; review.
``22705. Content.
``22706. Review.

[[Page 21084]]



     ``Sec. 22701. Definitions

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

     ``Sec. 22702. Authority

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

     ``Sec. 22703. Purposes

       ``(a) Purposes.--The purposes of a State rail plan are as 
     follows:
       ``(1) To set forth State policy involving freight and 
     passenger rail transportation, including commuter rail 
     operations, in the State.
       ``(2) To establish the period covered by the State rail 
     plan.
       ``(3) To present priorities and strategies to enhance rail 
     service in the State that benefits the public.
       ``(4) To serve as the basis for Federal and State rail 
     investments within the State.
       ``(b) Coordination.--A State rail plan shall be coordinated 
     with other State transportation planning goals and programs, 
     including the plan required under section 135 of title 23, 
     and set forth rail transportation's role within the State 
     transportation system.

     ``Sec. 22704. Transparency; coordination; review

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

     ``Sec. 22705. Content

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

     ``Sec. 22706. Review

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

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

     SEC. 304. TUNNEL PROJECT.

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

[[Page 21085]]



     SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, Amtrak shall establish a Next 
     Generation Corridor Equipment Pool Committee, comprised of 
     representatives of Amtrak, the Federal Railroad 
     Administration, host freight railroad companies, passenger 
     railroad equipment manufacturers, interested States, and, as 
     appropriate, other passenger railroad operators. The purpose 
     of the Committee shall be to design, develop specifications 
     for, and procure standardized next-generation corridor 
     equipment.
       (b) Functions.--The Committee may--
       (1) determine the number of different types of equipment 
     required, taking into account variations in operational needs 
     and corridor infrastructure;
       (2) establish a pool of equipment to be used on corridor 
     routes funded by participating States; and
       (3) subject to agreements between Amtrak and States, 
     utilize services provided by Amtrak to design, maintain and 
     remanufacture equipment.
       (c) Cooperative Agreements.--Amtrak and States 
     participating in the Committee may enter into agreements for 
     the funding, procurement, remanufacture, ownership, and 
     management of corridor equipment, including equipment 
     currently owned or leased by Amtrak and next-generation 
     corridor equipment acquired as a result of the Committee's 
     actions, and may establish a corporation, which may be owned 
     or jointly-owned by Amtrak, participating States, or other 
     entities, to perform these functions.
       (d) Funding.--In addition to the authorizations provided in 
     this section, capital projects to carry out the purposes of 
     this section shall be eligible for grants made pursuant to 
     chapter 244 of title 49, United States Code.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $5,000,000 for fiscal 
     year 2010, to remain available until expended, for grants to 
     Amtrak and States participating in the Next Generation 
     Corridor Train Equipment Pool Committee established under 
     this section for the purpose of designing, developing 
     specifications for, and initiating the procurement of an 
     initial order of 1 or more types of standardized next-
     generation corridor train equipment and establishing a 
     jointly-owned corporation to manage that equipment.

     SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM.

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

     ``Sec. 24910. Rail cooperative research program

       ``(a) In General.--The Secretary shall establish and carry 
     out a rail cooperative research program. The program shall--
       ``(1) address, among other matters, intercity rail 
     passenger and freight rail services, including existing rail 
     passenger and freight technologies and speeds, incrementally 
     enhanced rail systems and infrastructure, and new high-speed 
     wheel-on-rail systems;
       ``(2) address ways to expand the transportation of 
     international trade traffic by rail, enhance the efficiency 
     of intermodal interchange at ports and other intermodal 
     terminals, and increase capacity and availability of rail 
     service for seasonal freight needs;
       ``(3) consider research on the interconnectedness of 
     commuter rail, passenger rail, freight rail, and other rail 
     networks; and
       ``(4) give consideration to regional concerns regarding 
     rail passenger and freight transportation, including meeting 
     research needs common to designated high-speed corridors, 
     long-distance rail services, and regional intercity rail 
     corridors, projects, and entities.
       ``(b) Content.--The program to be carried out under this 
     section shall include research designed--
       ``(1) to identify the unique aspects and attributes of rail 
     passenger and freight service;
       ``(2) to develop more accurate models for evaluating the 
     impact of rail passenger and freight service, including the 
     effects on highway and airport and airway congestion, 
     environmental quality, and energy consumption;
       ``(3) to develop a better understanding of modal choice as 
     it affects rail passenger and freight transportation, 
     including development of better models to predict 
     utilization;
       ``(4) to recommend priorities for technology demonstration 
     and development;
       ``(5) to meet additional priorities as determined by the 
     advisory board established under subsection (c), including 
     any recommendations made by the National Research Council;
       ``(6) to explore improvements in management, financing, and 
     institutional structures;
       ``(7) to address rail capacity constraints that affect 
     passenger and freight rail service through a wide variety of 
     options, ranging from operating improvements to dedicated new 
     infrastructure, taking into account the impact of such 
     options on operations;
       ``(8) to improve maintenance, operations, customer service, 
     or other aspects of intercity rail passenger and freight 
     service;
       ``(9) to recommend objective methodologies for determining 
     intercity passenger rail routes and services, including the 
     establishment of new routes, the elimination of existing 
     routes, and the contraction or expansion of services or 
     frequencies over such routes;
       ``(10) to review the impact of equipment and operational 
     safety standards on the further development of high-speed 
     passenger rail operations connected to or integrated with 
     non-high-speed freight or passenger rail operations;
       ``(11) to recommend any legislative or regulatory changes 
     necessary to foster further development and implementation of 
     high-speed passenger rail operations while ensuring the 
     safety of such operations that are connected to or integrated 
     with non-high-speed freight or passenger rail operations;
       ``(12) to review rail crossing safety improvements, 
     including improvements using new safety technology; and
       ``(13) to review and develop technology designed to reduce 
     train horn noise and its effect on communities, including 
     broadband horn technology.
       ``(c) Advisory Board.--
       ``(1) Establishment.--In consultation with the heads of 
     appropriate Federal departments and agencies, the Secretary 
     shall establish an advisory board to recommend research, 
     technology, and technology transfer activities related to 
     rail passenger and freight transportation.
       ``(2) Membership.--The advisory board shall include--
       ``(A) representatives of State transportation agencies;
       ``(B) transportation and environmental economists, 
     scientists, and engineers; and
       ``(C) representatives of Amtrak, the Alaska Railroad, 
     freight railroads, transit operating agencies, intercity rail 
     passenger agencies, railway labor organizations, and 
     environmental organizations.
       ``(d) National Academy of Sciences.--The Secretary may make 
     grants to, and enter into cooperative agreements with, the 
     National Academy of Sciences to carry out such activities 
     relating to the research, technology, and technology transfer 
     activities described in subsection (b) as the Secretary deems 
     appropriate.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation $5,000,000 for each of fiscal years 2010 
     through 2013 for carrying out this section.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     249 is amended by adding at the end the following:

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

     SEC. 307. FEDERAL RAIL POLICY.

       Section 103 is amended--
       (1) by inserting ``In General.--'' before ``The Federal'' 
     in subsection (a);
       (2) by striking the second and third sentences of 
     subsection (a);
       (3) by inserting after subsection (a) the following:
       ``(b) Safety.--To carry out all railroad safety laws of the 
     United States, the Administration is divided on a 
     geographical basis into at least 8 safety offices. The 
     Secretary of Transportation is responsible for all acts taken 
     under those laws and for ensuring that the laws are uniformly 
     administered and enforced among the safety offices.''; and
       (4) by adding at the end the following:
       ``(j) Additional Duties of the Administrator.--The 
     Administrator shall--
       ``(1) provide assistance to States in developing State rail 
     plans prepared under chapter 227 and review all State rail 
     plans submitted under that section;
       ``(2) develop a long-range national rail plan that is 
     consistent with approved State rail plans and the rail needs 
     of the Nation, as determined by the Secretary in order to 
     promote an integrated, cohesive, efficient, and optimized 
     national rail system for the movement of goods and people;
       ``(3) develop a preliminary national rail plan within a 
     year after the date of enactment of the Passenger Rail 
     Investment and Improvement Act of 2008;
       ``(4) develop and enhance partnerships with the freight and 
     passenger railroad industry, States, and the public 
     concerning rail development;
       ``(5) support rail intermodal development and high-speed 
     rail development, including high speed rail planning;
       ``(6) ensure that programs and initiatives developed under 
     this section benefit the public and work toward achieving 
     regional and national transportation goals; and
       ``(7) facilitate and coordinate efforts to assist freight 
     and passenger rail carriers, transit agencies and 
     authorities, municipalities, and States in passenger-freight 
     service integration on shared rights of way by providing 
     neutral assistance at the joint request of affected rail 
     service providers and infrastructure owners relating to 
     operations and capacity analysis, capital requirements, 
     operating costs, and other research and planning related to 
     corridors shared by passenger or commuter rail service and 
     freight rail operations.
       ``(k) Performance Goals and Reports.--
       ``(1) Performance goals.--In conjunction with the 
     objectives established and activities undertaken under 
     subsection (j) of this section, the Administrator shall 
     develop a schedule for achieving specific, measurable 
     performance goals.
       ``(2) Resource needs.--The strategy and annual plans shall 
     include estimates of the funds and staff resources needed to 
     accomplish each goal and the additional duties required under 
     subsection (j).

[[Page 21086]]

       ``(3) Submission with president's budget.--Beginning with 
     fiscal year 2010 and each fiscal year thereafter, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, at the same time as the President's budget 
     submission, the Administration's performance goals and 
     schedule developed under paragraph (1), including an 
     assessment of the progress of the Administration toward 
     achieving its performance goals.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. COMMUTER RAIL MEDIATION.

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

                 ``CHAPTER 285--COMMUTER RAIL MEDIATION

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

     ``Sec. 28501. Definitions

       ``In this chapter--
       ``(1) the term `Board' means the Surface Transportation 
     Board;
       ``(2) the term `capital work' means maintenance, 
     restoration, reconstruction, capacity enhancement, or 
     rehabilitation work on trackage that would be treated, in 
     accordance with generally accepted accounting principles, as 
     a capital item rather than an expense;
       ``(3) the term `commuter rail passenger transportation' has 
     the meaning given that term in section 24102;
       ``(4) the term `public transportation authority' means a 
     local governmental authority (as defined in section 
     5302(a)(6)) established to provide, or make a contract 
     providing for, commuter rail passenger transportation;
       ``(5) the term `rail carrier' means a person, other than a 
     governmental authority, providing common carrier railroad 
     transportation for compensation subject to the jurisdiction 
     of the Board under chapter 105;
       ``(6) the term `segregated fixed guideway facility' means a 
     fixed guideway facility constructed within the railroad 
     right-of-way of a rail carrier but physically separate from 
     trackage, including relocated trackage, within the right-of-
     way used by a rail carrier for freight transportation 
     purposes; and
       ``(7) the term `trackage' means a railroad line of a rail 
     carrier, including a spur, industrial, team, switching, side, 
     yard, or station track, and a facility of a rail carrier.

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

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

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

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

     ``Sec. 28504. Applicability of other laws

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

     ``Sec. 28505. Rules and regulations

       ``Within 1 year after the date of enactment of this 
     section, the Board shall issue such rules and regulations as 
     may be necessary to carry out this chapter.''.
       (b) Clerical Amendment.--The table of chapters of such 
     subtitle is amended by adding after the item relating to 
     chapter 283 the following:

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

     SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK.

       Amtrak, commuter rail entities, regional and State public 
     transportation authorities, and freight railroad carriers are 
     encouraged to engage in good faith discussions with respect 
     to the routing and timing of trains to efficiently move a 
     maximum number of commuter, intercity, and regional rail 
     passengers, particularly during the peak times of commuter 
     usage.

     SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER RAIL 
                   EXPANSION.

       (a) Findings.--The Congress find the following:
       (1) In 2006, Americans took 10.1 billion trips on public 
     transportation for the first time since 1949.
       (2) The Northeast region is one of the Nation's largest 
     emerging transportation ``megaregions'' where infrastructure 
     expansion and improvements are most needed.
       (3) New England's road traffic has increased two to three 
     times faster than its population since 1990.
       (4) Connecticut has one of the Nation's longest average 
     commute times according to the United States Census Bureau, 
     and 80 percent of Connecticut commuters drive by themselves 
     to work, demonstrating the need for expanded commuter rail 
     access.
       (5) The Connecticut Department of Transportation has 
     pledged to modernize, repair, and strengthen the rail line 
     infrastructure to provide for increased safety and security 
     along a crucial transportation corridor in the Northeast.
       (6) Expanded New Haven-Springfield rail service would 
     improve access to Bradley International Airport, one the 
     region's busiest airports, as well as to Hartford, 
     Connecticut, and Springfield, Massachusetts, two of the 
     region's commercial, residential, and industrial centers.
       (7) Expanded commuter rail service on the New Haven-
     Springfield line could result in an estimated 630,000 
     additional trips per year and 2,215,384 passenger miles per 
     year, helping to curb pollution and greenhouse gas emissions 
     from road vehicle traffic.
       (8) The MetroNorth New Haven Line and Shore Line East 
     railways saw respective 3.43 percent and 4.93 percent 
     increases in ridership over the course of 2007, demonstrating 
     the need for expanded commuter rail service in Connecticut.
       (9) Expanded New Haven-Springfield commuter rail service 
     could provide transportation nearly 17 times more efficient 
     in terms of average mileage versus road vehicles, alleviating 
     road congestion and providing a significant savings to 
     consumers during a time of high gas prices.
       (b) Sense of Congress.--It is the sense of the Congress 
     that expanded commuter rail service on the rail line between 
     New Haven, Connecticut, and Springfield, Massachusetts, is an 
     important transportation priority, and Amtrak should work 
     cooperatively with the States of Connecticut and 
     Massachusetts to enable expanded commuter rail service on 
     such line.
       (c) Infrastructure Maintenance Report.--Amtrak shall submit 
     a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and to the State Departments of Transportation of 
     Connecticut and Massachusetts, on the total cost of 
     uncompleted infrastructure maintenance on the rail line 
     between New Haven, Connecticut, and Springfield, 
     Massachusetts.

     SEC. 404. LOCOMOTIVE BIOFUEL STUDY.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Energy and the Administrator of the 
     Environmental Protection Agency, shall conduct a study to 
     determine the extent to which freight railroads, Amtrak, and 
     other passenger rail operators could use biofuel blends to 
     power locomotives and other vehicles that can operate on 
     diesel fuel, as appropriate.
       (b) Definition.--In this section, the term ``biofuel'' has 
     the meaning given such term by section 9001 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8101).
       (c) Factors.--In conducting the study, the Secretary shall 
     consider--
       (1) the energy intensity of various biofuel blends compared 
     to diesel fuel;
       (2) environmental and energy effects of using various 
     biofuel blends compared to diesel fuel, including emission 
     effects;
       (3) the cost of purchasing biofuel blends;
       (4) whether sufficient biofuel is readily available;
       (5) any public benefits derived from the use of such fuels; 
     and
       (6) the effect of biofuel use on locomotive and other 
     vehicle performance and warranty specifications.
       (d) Locomotive Testing.--As part of the study, the 
     Secretary shall test locomotive engine performance and 
     emissions using blends of biofuel and diesel fuel in order to 
     recommend premium locomotive biofuel blends.
       (e) Report.--Within 1 year after the date of enactment of 
     this Act, the Secretary shall issue the results of this study 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.

     SEC. 405. STUDY OF THE USE OF BIOBASED TECHNOLOGIES.

       Within 1 year after the date of enactment of this Act, the 
     Secretary shall transmit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report

[[Page 21087]]

     containing the results of a study of the feasibility of using 
     readily biodegradable lubricants for freight and passenger 
     railroad locomotives, rolling stock, or other equipment. The 
     Secretary shall work with an agricultural-based lubricant 
     testing facility or facilities to complete this study. The 
     study shall include--
       (1) an analysis of the potential use of soy-based grease 
     and soy-based hydraulic fluids to perform according to 
     railroad industry standards;
       (2) an analysis of the potential use of other readily 
     biodegradable lubricants to perform according to railroad 
     industry standards;
       (3) a comparison of the health and safety of petroleum-
     based lubricants with biobased lubricants, which shall 
     include an analysis of fire safety; and
       (4) a comparison of the environmental impact of petroleum-
     based lubricants with biobased lubricants, which shall 
     include the rate and effects of biodegradability.

     SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE.

       (a) Plan.--Not later than 1 year after the date of the 
     enactment of this Act, Amtrak shall, in consultation with the 
     Secretary, the Secretary of Homeland Security, the Washington 
     State Department of Transportation, and the owners of the 
     relevant railroad infrastructure--
       (1) develop a strategic plan to facilitate expanded 
     passenger rail service across the international border 
     between the United States and Canada during the 2010 Olympic 
     Games on the Amtrak passenger rail route between Vancouver, 
     British Columbia, Canada, and Eugene, Oregon (commonly known 
     as ``Amtrak Cascades'');
       (2) develop recommendations for the Department of Homeland 
     Security to process efficiently rail passengers traveling on 
     Amtrak Cascades across such international border during the 
     2010 Olympic Games; and
       (3) submit to Congress a report containing the strategic 
     plan described in paragraph (1) and the recommendations 
     described in paragraph (2).
       (b) Travel Facilitation.--Using existing authority or 
     agreements, or upon reaching additional agreements with 
     Canada, the Secretary and other Federal agencies, as 
     appropriate, are authorized to establish facilities and 
     procedures to conduct preclearance of passengers traveling on 
     Amtrak trains from Canada to the United States. The Secretary 
     shall seek to establish such facilities and procedures--
       (1) in Vancouver, Canada, no later than June 1, 2009; and
       (2) in other areas as determined appropriate by the 
     Secretary.

     SEC. 407. HISTORIC PRESERVATION OF RAILROADS.

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

                        TITLE V--HIGH-SPEED RAIL

     SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM.

       (a) Corridor Planning.--Section 26101 is amended--
       (1) in the section heading, by striking ``Corridor 
     development'' and inserting ``High-speed rail corridor 
     planning'';
       (2) in the heading of subsection (a), by striking 
     ``Corridor Development'' and inserting ``Corridor Planning'';
       (3) by striking ``corridor development'' each place it 
     appears and inserting ``corridor planning''; and
       (4) in subsection (c)(2), by striking ``development'' and 
     inserting ``planning''.
       (b) Authorization of Appropriations.--Section 26104 is 
     amended in paragraph (1) of subsection (a) by striking 
     ``$70,000,000'' and inserting ``$30,000,000''.
       (c) Conforming Amendment.--The item relating to section 
     26101 in the table of sections of chapter 261 is amended by 
     striking ``Corridor development'' and inserting ``High-speed 
     rail corridor planning''.
       (d) High-Speed Rail Corridor Development.--Chapter 261 is 
     amended by adding at the end thereof the following:

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

       ``(a) In General.--The Secretary of Transportation shall 
     establish and implement a high-speed rail corridor 
     development program.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Applicant.--The term `applicant' means a State, a 
     group of States, an Interstate Compact, a public agency 
     established by one or more States and having responsibility 
     for providing high-speed rail service, or Amtrak.
       ``(2) Corridor.--The term `corridor' means a corridor 
     designated by the Secretary pursuant to section 104(d)(2) of 
     title 23.
       ``(3) Capital project.--The term `capital project' means a 
     project or program in a State rail plan developed under 
     chapter 227 of this title for acquiring, constructing, 
     improving, or inspecting equipment, track, and track 
     structures, or a facility of use in or for the primary 
     benefit of high-speed rail service, expenses incidental to 
     the acquisition or construction (including designing, 
     engineering, location surveying, mapping, environmental 
     studies, and acquiring rights-of-way), payments for the 
     capital portions of rail trackage rights agreements, highway-
     rail grade crossing improvements related to high-speed rail 
     service, mitigating environmental impacts, communication and 
     signalization improvements, relocation assistance, acquiring 
     replacement housing sites, and acquiring, constructing, 
     relocating, and rehabilitating replacement housing.
       ``(4) High-speed rail.--The term `high-speed rail' means 
     intercity passenger rail service that is reasonably expected 
     to reach speeds of at least 110 miles per hour.
       ``(5) Intercity passenger rail service.--The term 
     `intercity passenger rail service' has the meaning given the 
     term `intercity rail passenger transportation' in section 
     24102 of this title.
       ``(6) State.--The term `State' means any of the 50 States 
     or the District of Columbia.
       ``(c) General Authority.--The Secretary may make grants 
     under this section to an applicant to finance capital 
     projects in high-speed rail corridors.
       ``(d) Applications.--Each applicant seeking to receive a 
     grant under this section to develop a high-speed rail 
     corridor shall submit to the Secretary an application in such 
     form and in accordance with such requirements as the 
     Secretary shall establish.
       ``(e) Competitive Grant Selection and Criteria for 
     Grants.--
       ``(1) In general.--The Secretary shall--
       ``(A) establish criteria for selecting among projects that 
     meet the criteria specified in paragraph (2);
       ``(B) conduct a national solicitation for applications; and
       ``(C) award grants on a competitive basis.
       ``(2) Grant criteria.--The Secretary, in selecting the 
     recipients of high-speed rail development grants to be 
     provided under subsection (c), shall--
       ``(A) require--
       ``(i) that the project be part of a State rail plan 
     developed under chapter 227 of this title, or under the plan 
     required by section 211 of the Passenger Rail Investment and 
     Improvement Act of 2008;
       ``(ii) that the applicant or recipient has or will have the 
     legal, financial, and technical capacity to carry out the 
     project, satisfactory continuing control over the use of the 
     equipment or facilities, and the capability and willingness 
     to maintain the equipment or facilities;
       ``(iii) that the project be based on the results of 
     preliminary engineering studies or other planning, including 
     corridor planning activities funded under section 26101 of 
     this title;
       ``(iv) that the applicant provides sufficient information 
     upon which the Secretary can make the findings required by 
     this subsection;
       ``(v) that if an applicant has selected the proposed 
     operator of its service, that the applicant provide written 
     justification to the Secretary showing why the proposed 
     operator is the best, taking into account costs and other 
     factors;
       ``(vi) that each proposed project meet all safety and 
     security requirements that are applicable to the project 
     under law; and
       ``(vii) that each project be compatible with, and operated 
     in conformance with--

[[Page 21088]]

       ``(I) plans developed pursuant to the requirements of 
     section 135 of title 23; and
       ``(II) the national rail plan (if it is available);

       ``(B) select high-speed rail projects--
       ``(i) that are anticipated to result in significant 
     improvements to intercity rail passenger service, including, 
     but not limited to, consideration of the project's--

       ``(I) levels of estimated ridership, increased on-time 
     performance, reduced trip time, additional service frequency 
     to meet anticipated or existing demand, or other significant 
     service enhancements as measured against minimum standards 
     developed under section 207 of the Passenger Rail Investment 
     and Improvement Act of 2008;
       ``(II) anticipated favorable impact on air or highway 
     traffic congestion, capacity, or safety; and

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

       ``(I) the project's precommencement compliance with 
     environmental protection requirements;
       ``(II) the readiness of the project to be commenced;
       ``(III) the commitment of any affected host rail carrier to 
     ensure the realization of the anticipated benefits; and
       ``(IV) other relevant factors as determined by the 
     Secretary;

       ``(iii) for which the level of the anticipated benefits 
     compares favorably to the amount of Federal funding requested 
     under this section; and
       ``(C) give greater consideration to projects--
       ``(i) that are anticipated to result in benefits to other 
     modes of transportation and to the public at large, 
     including, but not limited to, consideration of the 
     project's--

       ``(I) encouragement of intermodal connectivity through 
     provision of direct connections between train stations, 
     airports, bus terminals, subway stations, ferry ports, and 
     other modes of transportation;
       ``(II) anticipated improvement of conventional intercity 
     passenger, freight, or commuter rail operations;
       ``(III) use of positive train control technologies;
       ``(IV) environmental benefits, including projects that 
     involve the purchase of environmentally sensitive, fuel-
     efficient, and cost-effective passenger rail equipment;
       ``(V) anticipated positive economic and employment impacts;
       ``(VI) encouragement of State and private contributions 
     toward station development, energy and environmental 
     efficiency, and economic benefits; and
       ``(VII) falling under the description in section 
     5302(a)(1)(G) of this title as defined to support intercity 
     passenger rail service; and

       ``(ii) that incorporate equitable financial participation 
     in the project's financing, including, but not limited to, 
     consideration of--

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

       ``(3) Grant conditions.--The Secretary shall require each 
     recipient of a grant under this chapter to comply with the 
     grant requirements of section 24405 of this title.
       ``(4) State rail plans.--State rail plans completed before 
     the date of enactment of the Passenger Rail Investment and 
     Improvement Act of 2008 that substantially meet the 
     requirements of chapter 227 of this title, as determined by 
     the Secretary pursuant to section 22506 of this title, shall 
     be deemed by the Secretary to have met the requirements of 
     paragraph (2)(A)(i) of this subsection.
       ``(f) Federal Share.--The Federal share of the cost of a 
     project financed under this section shall not exceed 80 
     percent of the project net capital cost.
       ``(g) Issuance of Regulations.--Within 1 year after the 
     date of enactment of this section, the Secretary shall issue 
     regulations to carry out this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $150,000,000 for fiscal year 2009;
       ``(2) $300,000,000 for fiscal year 2010;
       ``(3) $350,000,000 for fiscal year 2011;
       ``(4) $350,000,000 for fiscal year 2012; and
       ``(5) $350,000,000 for fiscal year 2013.''.
       (e) Table of Sections Amendment.--The table of sections for 
     chapter 261 is amended by adding after the item relating to 
     section 26105 the following new item:

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

     SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS.

       (a) Solicitation of Proposals.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall issue a request 
     for proposals for projects for the financing, design, 
     construction, operation, and maintenance of a high-speed 
     intercity passenger rail system operating within a high-speed 
     rail corridor, including--
       (A) the Northeast Corridor;
       (B) the California Corridor;
       (C) the Empire Corridor;
       (D) the Pacific Northwest Corridor;
       (E) the South Central Corridor;
       (F) the Gulf Coast Corridor;
       (G) the Chicago Hub Network;
       (H) the Florida Corridor;
       (I) the Keystone Corridor;
       (J) the Northern New England Corridor; and
       (K) the Southeast Corridor.
       (2) Submission.--Proposals shall be submitted to the 
     Secretary not later than 270 days after the publication of 
     such request for proposals under paragraph (1).
       (3) Performance standard.--Proposals submitted under 
     paragraph (2) must meet any standards established by the 
     Secretary. For corridors with existing intercity passenger 
     rail service, proposals shall also be designed to achieve a 
     reduction of existing minimum intercity rail service trip 
     times between the main corridor city pairs by a minimum of 25 
     percent. In the case of a proposal submitted with respect to 
     paragraph (1)(A), the proposal must be designed to achieve a 
     2-hour or less express service between Washington, District 
     of Columbia, and New York City, New York.
       (4) Contents.--A proposal submitted under this subsection 
     shall include--
       (A) the names and qualifications of the persons submitting 
     the proposal and the entities proposed to finance, design, 
     construct, operate, and maintain the railroad, railroad 
     equipment, and related facilities, stations, and 
     infrastructure;
       (B) a detailed description of the proposed rail service, 
     including possible routes, required infrastructure 
     investments and improvements, equipment needs and type, train 
     frequencies, peak and average operating speeds, and trip 
     times;
       (C) a description of how the project would comply with 
     Federal rail safety and security laws, orders, and 
     regulations governing high-speed rail operations;
       (D) the locations of proposed stations, which maximize the 
     usage of existing infrastructure to the extent possible, and 
     the populations such stations are intended to serve;
       (E) the type of equipment to be used, including any 
     technologies, to achieve trip time goals;
       (F) a description of any proposed legislation needed to 
     facilitate all aspects of the project;
       (G) a financing plan identifying--
       (i) projected revenue, and sources thereof;
       (ii) the amount of any requested public contribution toward 
     the project, and proposed sources;
       (iii) projected annual ridership projections for the first 
     10 years of operations;
       (iv) annual operations and capital costs;
       (v) the projected levels of capital investments required 
     both initially and in subsequent years to maintain a state-
     of-good-repair necessary to provide the initially proposed 
     level of service or higher levels of service;
       (vi) projected levels of private investment and sources 
     thereof, including the identity of any person or entity that 
     has made or is expected to make a commitment to provide or 
     secure funding and the amount of such commitment; and
       (vii) projected funding for the full fair market 
     compensation for any asset, property right or interest, or 
     service acquired from, owned, or held by a private person or 
     Federal entity that would be acquired, impaired, or 
     diminished in value as a result of a project, except as 
     otherwise agreed to by the private person or entity;
       (H) a description of how the project would contribute to 
     the development of a national high-speed rail system and an 
     intermodal plan describing how the system will facilitate 
     convenient travel connections with other transportation 
     services;
       (I) a description of how the project will ensure compliance 
     with Federal laws governing the rights and status of 
     employees associated with the route and service, including 
     those specified in section 24405 of title 49, United States 
     Code;
       (J) a description of how the design, construction, 
     implementation, and operation of the project will accommodate 
     and allow for future growth of existing and projected 
     intercity, commuter, and freight rail service;
       (K) a description of how the project would comply with 
     Federal and State environmental laws and regulations, of what 
     the environmental impacts would result from the project, and 
     how any adverse impacts would be mitigated; and
       (L) a description of the project's impacts on highway and 
     aviation congestion, energy consumption, land use, and 
     economic development in the service area.
       (b) Determination and Establishment of Commissions.--Not 
     later than 60 days after receipt of the proposals under 
     subsection (a), the Secretary shall--
       (1) make a determination as to whether any such proposals--
       (A) contain the information required under subsection 
     (a)(3) and (4);
       (B) are sufficiently credible to warrant further 
     consideration;
       (C) are likely to result in a positive impact on the 
     Nation's transportation system; and
       (D) are cost-effective and in the public interest; and
       (2) establish a commission under subsection (c) for each 
     corridor with one or

[[Page 21089]]

     more proposals that the Secretary determines satisfies the 
     requirements of paragraph (1), and forward to each commission 
     such proposals for review and consideration.
       (c) Commissions.--
       (1) Members.--Each commission referred to in subsection 
     (b)(2) shall include--
       (A) the governors of the affected States, or their 
     respective designees;
       (B) mayors of appropriate municipalities along the proposed 
     corridor, or their respective designees;
       (C) a representative from each freight railroad carrier 
     using the relevant corridor, if applicable;
       (D) a representative from each transit authority using the 
     relevant corridor, if applicable;
       (E) representatives of nonprofit employee labor 
     organizations representing affected railroad employees; and
       (D) the President of Amtrak or his or her designee.
       (2) Appointment and selection.--The Secretary shall appoint 
     the members under paragraph (1). In selecting each 
     commission's members to fulfill the requirements under 
     paragraph (1)(B) and (E), the Secretary shall consult with 
     the Chairmen and Ranking Members of the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
       (3) Chairperson and vice-chairperson selection.--The 
     Chairperson and Vice-Chairperson shall be elected from among 
     members of each commission.
       (4) Quorum and vacancy.--
       (A) Quorum.--A majority of the members of each commission 
     shall constitute a quorum.
       (B) Vacancy.--Any vacancy in each commission shall not 
     affect its powers and shall be filled in the same manner in 
     which the original appointment was made.
       (5) Application of law.--Except where otherwise provided by 
     this section, the Federal Advisory Committee Act (P.L. 92-
     463) shall apply to each commission created under this 
     section.
       (d) Commission Consideration.--
       (1) In general.--Each commission established under 
     subsection (b)(2) shall be responsible for reviewing the 
     proposal or proposals forwarded to it under that subsection 
     and not later than 90 days after the establishment of the 
     commission, shall transmit to the Secretary a report which 
     includes--
       (A) a summary of each proposal received;
       (B) services to be provided under each proposal, including 
     projected ridership, revenues, and costs;
       (C) proposed public and private contributions for each 
     proposal;
       (D) the advantages offered by the proposal over existing 
     intercity passenger rail services;
       (E) public operating subsidies or assets needed for the 
     proposed project;
       (F) possible risks to the public associated with the 
     proposal, including risks associated with project financing, 
     implementation, completion, safety, and security;
       (G) a ranked list of the proposals recommended for further 
     consideration under subsection (e) in accordance with each 
     proposal's projected positive impact on the Nation's 
     transportation system;
       (H) an identification of any proposed Federal legislation 
     that would facilitate implementation of the projects and 
     Federal legislation that would be required to implement the 
     projects; and
       (I) any other recommendations by the commission concerning 
     the proposed projects.
       (2) Verbal presentation.--Proposers shall be given an 
     opportunity to make a verbal presentation to the commission 
     to explain their proposals.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary for the use of each 
     commission established under subsection (b)(2) such sums as 
     are necessary to carry out this section.
       (e) Selection by Secretary.--
       (1) Not later than 60 days after receiving the recommended 
     proposals of the commissions established under subsection 
     (b)(2), the Secretary shall--
       (A) review such proposals and select any proposal which 
     provides substantial benefits to the public and the national 
     transportation system, is cost-effective, offers significant 
     advantages over existing services, and meets other relevant 
     factors determined appropriate by the Secretary; and
       (B) issue a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate containing any proposal with respect to subsection 
     (a)(1)(A) that is selected by the Secretary under 
     subparagraph (A) of this paragraph, all the information 
     regarding the proposal provided to the Secretary under 
     subsection (d), and any other relevant information deemed 
     appropriate.
       (2) Following the submission of the report under paragraph 
     (1)(B), the Secretary shall transmit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report containing any proposal 
     with respect to subparagraphs (B) through (K) of subsection 
     (a)(1) that are selected by the Secretary under paragraph (1) 
     of this subsection, all the information regarding the 
     proposal provided to the Secretary under subsection (d), and 
     any other relevant information deemed appropriate.
       (3) The report required under paragraph (2) shall not be 
     submitted by the Secretary until the report submitted under 
     paragraph (1) has been considered through a hearing by the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate on the report submitted 
     under paragraph (1)(B).
       (f) Preliminary Engineering.--For planning and preliminary 
     engineering activities that meet the criteria of section 
     26101 of title 49, United States Code, (other than 
     subsections (a) and (b)(2)) that are undertaken after the 
     Secretary submits reports to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate as required under subsection (e), not to exceed 
     $5,000,000 is authorized to be appropriated from funds made 
     available under section 26104(a) of such title. Only 1 
     proposal for each corridor under subsection (a) shall be 
     eligible for such funds.
       (g) No Actions Without Additional Authority.--No Federal 
     agency may take any action to implement, establish, 
     facilitate, or otherwise act upon any proposal submitted 
     under this section, other than those actions specifically 
     authorized by this section, without explicit statutory 
     authority enacted after the date of enactment of this Act.
       (h) Definitions.--In this section, the following 
     definitions apply:
       (1) Intercity passenger rail.--The term ``intercity 
     passenger rail'' means intercity rail passenger 
     transportation as defined in section 24102 of title 49, 
     United States Code.
       (2) State.--The term ``State'' means any of the 50 States 
     or the District of Columbia.
       (3) Northeast corridor.--The term ``Northeast Corridor'' 
     has the meaning given under section 24102 of title 49, United 
     States Code.
       (4) High-speed rail corridor.--The terms ``high-speed rail 
     corridor'' and ``corridor'' mean a corridor designated by the 
     Secretary pursuant to section 104(d)(2) of title 23, United 
     States Code, and the Northeast Corridor.

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

     SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE 
                   MAINTENANCE PROJECTS FOR WASHINGTON 
                   METROPOLITAN AREA TRANSIT AUTHORITY.

       (a) Authorization.--
       (1) In general.--Subject to the succeeding provisions of 
     this section, the Secretary of Transportation is authorized 
     to make grants to the Transit Authority, in addition to the 
     contributions authorized under sections 3, 14, and 17 of the 
     National Capital Transportation Act of 1969 (sec. 9-1101.01 
     et seq., D.C. Official Code), for the purpose of financing in 
     part the capital and preventive maintenance projects included 
     in the Capital Improvement Program approved by the Board of 
     Directors of the Transit Authority.
       (2) Definitions.--In this section--
       (A) the term ``Transit Authority'' means the Washington 
     Metropolitan Area Transit Authority established under Article 
     III of the Compact; and
       (B) the term ``Compact'' means the Washington Metropolitan 
     Area Transit Authority Compact (80 Stat. 1324; Public Law 89-
     774).
       (b) Use of Funds.--The Federal grants made pursuant to the 
     authorization under this section shall be subject to the 
     following limitations and conditions:
       (1) The work for which such Federal grants are authorized 
     shall be subject to the provisions of the Compact (consistent 
     with the amendments to the Compact described in subsection 
     (d)).
       (2) Each such Federal grant shall be for 50 percent of the 
     net project cost of the project involved, and shall be 
     provided in cash from sources other than Federal funds or 
     revenues from the operation of public mass transportation 
     systems. Consistent with the terms of the amendment to the 
     Compact described in subsection (d)(1), any funds so provided 
     shall be solely from undistributed cash surpluses, 
     replacement or depreciation funds or reserves available in 
     cash, or new capital.
       (3) Such Federal grants may be used only for the 
     maintenance and upkeep of the systems of the Transit 
     Authority as of the date of the enactment of this Act and may 
     not be used to increase the mileage of the rail system.
       (c) Applicability of Requirements For Mass Transportation 
     Capital Projects Receiving Funds Under Federal Transportation 
     Law.--Except as specifically provided in this section, the 
     use of any amounts appropriated pursuant to the authorization 
     under this section shall be subject to the requirements 
     applicable to capital projects for which funds are provided 
     under chapter 53 of title 49, United States Code, except to 
     the extent that the Secretary of Transportation determines 
     that the requirements are inconsistent with the purposes of 
     this section.
       (d) Amendments to Compact.--No amounts may be provided to 
     the Transit Authority pursuant to the authorization under 
     this section until the Transit Authority notifies the

[[Page 21090]]

     Secretary of Transportation that each of the following 
     amendments to the Compact (and any further amendments which 
     may be required to implement such amendments) have taken 
     effect:
       (1)(A) An amendment requiring that all payments by the 
     local signatory governments for the Transit Authority for the 
     purpose of matching any Federal funds appropriated in any 
     given year authorized under subsection (a) for the cost of 
     operating and maintaining the adopted regional system are 
     made from amounts derived from dedicated funding sources.
       (B) For purposes of this paragraph, the term ``dedicated 
     funding source'' means any source of funding which is 
     earmarked or required under State or local law to be used to 
     match Federal appropriations authorized under this division 
     for payments to the Transit Authority.
       (2) An amendment establishing an Office of the Inspector 
     General of the Transit Authority.
       (3) An amendment expanding the Board of Directors of the 
     Transit Authority to include 4 additional Directors appointed 
     by the Administrator of General Services, of whom 2 shall be 
     nonvoting and 2 shall be voting, and requiring one of the 
     voting members so appointed to be a regular passenger and 
     customer of the bus or rail service of the Transit Authority.
       (e) Access to Wireless Service in Metrorail System.--
       (1) Requiring transit authority to provide access to 
     service.--No amounts may be provided to the Transit Authority 
     pursuant to the authorization under this section unless the 
     Transit Authority ensures that customers of the rail service 
     of the Transit Authority have access within the rail system 
     to services provided by any licensed wireless provider that 
     notifies the Transit Authority (in accordance with such 
     procedures as the Transit Authority may adopt) of its intent 
     to offer service to the public, in accordance with the 
     following timetable:
       (A) Not later than 1 year after the date of the enactment 
     of this Act, in the 20 underground rail station platforms 
     with the highest volume of passenger traffic.
       (B) Not later than 4 years after such date, throughout the 
     rail system.
       (2) Access of wireless providers to system for upgrades and 
     maintenance.--No amounts may be provided to the Transit 
     Authority pursuant to the authorization under this section 
     unless the Transit Authority ensures that each licensed 
     wireless provider who provides service to the public within 
     the rail system pursuant to paragraph (1) has access to the 
     system on an ongoing basis (subject to such restrictions as 
     the Transit Authority may impose to ensure that such access 
     will not unduly impact rail operations or threaten the safety 
     of customers or employees of the rail system) to carry out 
     emergency repairs, routine maintenance, and upgrades to the 
     service.
       (3) Permitting reasonable and customary charges.--Nothing 
     in this subsection may be construed to prohibit the Transit 
     Authority from requiring a licensed wireless provider to pay 
     reasonable and customary charges for access granted under 
     this subsection.
       (4) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, and each of the 3 years thereafter, 
     the Transit Authority shall submit to the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on the 
     implementation of this subsection.
       (5) Definition.--In this subsection, the term ``licensed 
     wireless provider'' means any provider of wireless services 
     who is operating pursuant to a Federal license to offer such 
     services to the public for profit.
       (f) Amount.--There are authorized to be appropriated to the 
     Secretary of Transportation for grants under this section an 
     aggregate amount not to exceed $1,500,000,000 to be available 
     in increments over 10 fiscal years beginning in fiscal year 
     2009, or until expended.
       (g) Availability.--Amounts appropriated pursuant to the 
     authorization under this section shall remain available until 
     expended.
  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. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on House Resolution 1492.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. OBERSTAR. Madam Speaker, I yield myself such time as I may 
consume.
  We are at a transformational moment in the history of surface 
transportation in America today with this bill which has two parts, the 
extension of authority and renewal of authority for Amtrak, to move 
Amtrak into a totally new era of high-speed rail in the Northeast 
Corridor and eventually getting to high-speed intercity passenger rail 
in the rest of the country; and the second portion of this legislation, 
a bill the House previously passed last year, the Rail Safety Act, the 
first substantive, significant changes in railroad safety law in 100 
years.
  These are extraordinary moments. And to reach this moment took a 
great deal of initiative, innovative thinking, cooperation and 
concession on both sides of the aisle by our side and particularly by 
the gentleman from Florida (Mr. Mica), the ranking member of the 
committee, who has offered innovative approaches to the future 
management of Amtrak, who has championed that cause for many years, and 
who said to me earlier in this Congress that this is an issue we should 
address, that we can address and that we can reach agreement on, and we 
have done; and Ms. Brown, the Chair of the Rail Subcommittee, ``Ms. 
Amtrak,'' who, in previous years, when the administration in other 
years proposed a bankruptcy budget for Amtrak, took to the rails Harry 
Truman-style and traveled around the country advocating for increased 
funding for Amtrak, to restore Amtrak. She is a real champion. And for 
Mr. Cummings, who served in a capacity in the previous Congress on a 
task force to evaluate proposals dealing with Amtrak and who submitted 
a report that validated the need to continue service of Amtrak.
  With gas prices soaring, crippling the Nation and crippling the 
economy, we have seen our fellow citizens increasingly turn to 
intercity passenger rail. In fact, in the New York-Washington corridor, 
Amtrak has 56 percent of the air and rail passenger market. That is an 
extraordinary statement in and of itself.
  At a time when flights are delayed, air delays, ground delays as many 
as 3 hours, people have seen the importance of Amtrak. In the aftermath 
of September 11, which we solemnly observed just recently in this body, 
it was Amtrak that carried people all throughout this country from 
Canada into the United States.
  We have to invest in transportation solutions that are affordable, 
accessible and, most importantly, workable. This legislation provides a 
total of $13 billion over the next 5 years to help bring the Northeast 
Corridor to a state of good repair and to encourage development of new 
and improved intercity passenger rail service through a Federal-State 
matching grant program elsewhere throughout the country. The bill 
includes $1.5 billion in funding for the planning and development of 
high-speed rail corridors and $325 million in congestion grants to 
Amtrak in the States that are high-priority rail corridors.
  It includes reforms in the governance and operation of Amtrak by 
restructuring the Amtrak board, requiring Amtrak to develop a new 
financial accounting system and a get-well plan for the worst-
performing long-distance routes, and to open a public bidding process 
where nongovernment interests, private sector interests, can submit 
bids on management of the 11 corridors referenced in this legislation, 
and Amtrak will be able to bid, too. This is a concept that was very 
new, very much resisted, but after Mr. Mica and Ms. Brown and Mr. 
Shuster on the Republican side and I discussed this repeatedly over 
many weeks, we came to a common ground. What occurred to me is a 
statement in President John F. Kennedy's inaugural address: ``We should 
never fear to negotiate, but we should never negotiate out of fear.'' 
We should never fear to open the process of operating Amtrak to a 
public-private sector bidding process, and that is what we do. That is 
the important transformational step we take in this legislation--open 
the process up.
  We are going to find new energy, new ideas and new initiatives in the 
process of inviting, evaluating, and acting upon these bids. We will 
have a far better idea of what can be done for the future of Amtrak 
when we go through this process. It will be good for Amtrak. It will be 
good for the country. It

[[Page 21091]]

will be good for the traveling public. Again, I say this is a 
transformational moment in the history of rail passenger service in 
America.
  With that, I thank Ms. Brown. I especially thank Mr. Mica for 
patience, the discussions and the cooperation that we have achieved and 
the frankness of our discussions over this past year and a half.
  I reserve the balance of my time.
  Mr. MICA. Madam Speaker, I yield myself as much time as I may 
consume.
  Madam Speaker and my colleagues, first I have to say, again, as Mr. 
Oberstar said, this is a very historic moment for passenger rail 
service in the United States. I have to first preface any comments I 
would make by expressing my sincere thanks to Mr. Oberstar, my partner 
on the Transportation Committee and our Chair; Ms. Brown, who chairs 
the Rail Subcommittee, my colleague from Florida; and also Mr. Shuster, 
the gentleman from Pennsylvania, who is the ranking Republican member 
on the Rail Subcommittee. I would be remiss if I did not also thank 
staff on both sides of the aisle for their tireless effort to bring us 
to this point today.
  Mr. Oberstar and I sat down when we assumed responsibility for the 
Transportation and Infrastructure Committee and we set out some goals 
that we hoped to achieve. This is one of the final goals that we felt 
was important. And it's not a Republican issue, it's not a Democrat 
issue, it's not a liberal, it's not a conservative. It's an issue that 
affects the transportation system as we know as a Nation and it 
hopefully, with the action today, will take us into the 21st century.
  This is one of the most historic occasions because the Congress has 
not been able to pass an Amtrak reauthorization for some 11 years, 
since 1997. I think I voted against every bill that came out. I 
probably ordered more studies and reviews of Amtrak, not that I was 
opposed to passenger rail service or high-speed rail service, but what 
I wanted was the most efficient operation for the taxpayer and also for 
the traveling public.
  We made a commitment almost 18 months ago, Mr. Oberstar and I, and 
we've worked together and staff have worked together. What we've come 
up with tonight is a combination not only of Amtrak reauthorization but 
also rail safety. And we worked together on that issue to try to make 
passenger rail service across the Nation safer for our passengers.
  So, the two bills now I might mention, for folks who may be listening 
and coming to vote on this, Madam Speaker, is we passed by 311 votes 
the Amtrak, again a historic vote, and nearly 400 votes, the rail 
safety measure.

                              {time}  1800

  So tonight we will vote on a combination of those two measures in a 
bipartisan agreement.
  This couldn't be a better time to pass something, first because we 
need an economic infusion in this country. This country has become a 
third world nation when it comes to passenger rail service, and in 
particular high-speed rail.
  We have no high-speed rail service in this country. Acela moves 
rather slow up the Northeast corridor. This is a proposal that will 
bring the potential of bringing high-speed rail not only to that 
corridor, but to all of the corridors across the country that have been 
designated by Congress.
  It has a well-thought-out progression and plan for the first time for 
the private sector to become engaged in high-speed rail service in this 
country. It opens the door to competition for the development, for the 
financing, for the construction, and also for the operation of high-
speed rail systems. Those proposals go first to a stakeholder 
commission, those involved in communities around the country that want 
and desire service, then to the Secretary of Transportation, and then 
finally to the Congress for approval, a good progression and a logical 
order. So this is dramatic for a change the way in which we approach 
high-speed rail service.
  This also has reforms in the bill for Amtrak that we all feel are 
long overdue. It also opens up some of the money-losing routes that 
Amtrak has to private competition. I have to give Mr. Shuster from 
Pennsylvania credit for negotiating that particular provision.
  One of the interesting things too as we talk about finances, and I 
didn't know this, without reauthorization legislation we have had to 
pay a premium for the indebtedness that Amtrak has and for all of our 
projects. With reauthorization, we actually will save the taxpayer 
money, move projects forward in a cost-effective manner and also have 
the ability to finance them, particularly when we have some shaky 
markets out here. But these projects are based on cooperative efforts.
  We also dramatically expand the opportunity for intercity rail 
service so we can get some cars off the roads and so we can move people 
in the most cost-effective, energy efficient manner in the history of 
our Nation. So all that is rolled into this legislation.
  Finally, we have the provision for safety. We enhance again rail 
passenger safety. We saw the horrible crash we had a few weeks ago in 
California, so we couldn't pass rail safety provisions at a more 
appropriate time really to help prevent an accident like we saw and the 
tragedy many families had to experience in California. So this is the 
combination.
  Again, I hope that we can get the administration to join us in making 
certain that our country moves forward with a transportation 
alternative that is cost-effective, energy efficient and protects the 
environment. I am hoping the other body will act soon.
  With that, I reserve the balance of my time.
  Mr. OBERSTAR. Madam Speaker, I yield 6 minutes to the gentlewoman 
from Florida, Chair of our Rail Subcommittee, Ms. Brown.
  Ms. CORRINE BROWN of Florida. Madam Speaker and Members of the House, 
first of all I want to thank Chairman Oberstar for his leadership on 
this issue of transportation. He is truly the guru of transportation, 
and the country appreciates his leadership. And thanks to Ranking 
Members Mica and Shuster. I guess the pledge of serving in Congress is 
serving on transportation, because transportation is truly bipartisan.
  This is truly a monumental day for America, and I am so pleased to be 
a part of it. If you are worrying about energy prices and the economy, 
this bill is a one-two punch. Passenger and freight rail are energy 
efficient, providing good jobs that can't be shipped overseas and 
transporting thousands of people and tons of cargo each day in a safe 
and efficient manner, and all of this without drilling off the coast.
  Let me repeat. If you are worried about $4 and $5 gas prices, 
passenger and freight rail are energy efficient, provide good jobs that 
can't be shipped overseas and transport thousands of people and tons of 
cargo each day in a safe and efficient manner.
  Rising gas prices alone, with increased highway and airport 
congestion, have made intercity passenger rail more popular and 
necessary than ever. In fiscal year 2007, Amtrak carried more than 25.8 
million passengers, the fifth straight fiscal year of record ridership. 
Like its ridership gains, Amtrak's fiscal performance has improved as 
well, posting approximately $1.5 billion in ticket sales.
  More than just a convenient way to travel, Amtrak is a greener mode 
of transportation. One full passenger train can take between 250 to 350 
cars off the road. 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 air travel and 
21 percent more efficient than auto travel.
  Unfortunately, for many years Amtrak has been given just enough money 
each year to limp along, never getting the necessary funds to make 
serious improvements in the system. The high voltage electric system is 
over 70 years old, 65 percent of the bridges were built in the 1920s, 
and several tunnels that the trains go through every year were built in 
the 1800s.

[[Page 21092]]

  In 2005, Amtrak conducted a comprehensive review of its capital 
needs. The review determined that Amtrak should invest $4.2 billion to 
bring their infrastructure to a state of good repair. Today, with the 
backlog of major bridges and tunnel work, the necessary investment 
capital has approached an estimated $6 billion.
  As other countries continue to invest tens of billions of dollars 
each year in improving their passenger rail systems, we are falling 
further and further behind by deferring these much-needed improvements 
to our system. We must find a way to speed up Amtrak's backlog of 
repair work and bring its assets to a state of good repair. Then Amtrak 
can concentrate on increasing capacity, increasing speed, developing 
new facilities and planning for the future. These major infrastructure 
improvements are also necessary to improve the safety and security of 
the system and its passengers and workers.
  Amtrak has and will continue to play a critical role in evacuating 
and transporting citizens during national emergencies. Amtrak was the 
only mode of transportation out of New York following 9/11, and 
transported citizens and delivered vital supplies following Hurricane 
Katrina. Unfortunately, it is also a prime target for those who wish to 
harm us, and we must provide resources to make the system less 
vulnerable.
  This legislation also includes vital railroad safety legislation that 
will improve the effectiveness of freight rail systems, and, most 
important, will help save the lives of rail employees and the people 
living in the communities they serve.
  Freight railroads are also energy efficient and have made major gains 
in fuel efficiency through training and improved locomotive technology. 
A single intermodal train can take up to 280 trucks off of our 
highways. Today, one gallon of diesel fuel can move a ton of freight an 
average of 414 miles, a 76 percent improvement since 1980.
  Since the beginning of the 110th Congress, the Railroad Subcommittee 
has held five hearings on rail safety, examined fatigue, human factors 
and rail accidents, and current Federal safety programs. In addition to 
the subcommittee's hearing, we met with all of our stakeholders, 
including labor, the railroads, government agencies and other 
interested parties to craft this legislation.
  The bill seeks to help prevent accidents caused by human factors, 
which account for 40 percent of all rail accidents, by strengthening 
the hours-of-service laws, decreasing limbo time, increasing worker 
training and qualifications, and implementing advanced safety 
technology.
  It requires the Secretary of Transportation to develop a long-term 
strategy for improving railroad safety at railroad crossings by 
improving visibility and making it easier to report problems.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. OBERSTAR. I yield the gentlewoman 1 additional minute.
  Ms. CORRINE BROWN of Florida. I encourage all of my colleagues to 
support this important legislation. You don't want to go back to your 
district and tell your constituents that you voted against energy 
efficient transportation and valid railroad safety.
  Vote ``yes,'' and we will move our Nation's rail system into the 21st 
century.
  Mr. MICA. Madam Speaker, I am pleased to yield 2 minutes to the 
gentleman from Virginia (Mr. Davis).
  Mr. DAVIS of Virginia. Madam Speaker, I am very pleased to support 
this important legislation. This bill includes vital language that will 
bring dedicated funding to Washington's Metro transit system. I 
particularly want to thank Chairman Oberstar and Chairman Brown and Mr. 
Shuster and Mr. Mica.
  This bill includes my amendment, which passed the House earlier this 
year by an overwhelming margin, and encapsulates the National Capital 
Transportation Amendments Act. The cornerstone of this legislation is 
the authorization of $1.5 billion over 10 years to provide desperately-
needed funding and capital improvements to the original 103-mile Metro 
system. The legislation also shores up management of the system by 
requiring an Inspector General position and adding four Federal 
representatives to the WMATA board.
  Perhaps most significantly, the legislation requires that Virginia, 
Maryland and the District of Columbia formally dedicate funding to the 
system before receiving the newly-authorized Federal funds. Metro is 
the only major transit system in the Nation without dedicated funding. 
That will change.
  Just this week, Metro reiterated its urgent need for billions in 
systems improvements. Their list of needs is anything but frivolous. 
Cars are being pushed beyond their life expectancy, buses are breaking 
down, platforms are crumbling.
  Metro is unique because it is truly a creature of the Federal 
Government. The Federal Government depends on Metro to move its 
workers. Tourists depend on it to visit their Nation's Capital. 
Commuters depend on it as the best way to avoid our second-worst-in-
the-Nation traffic woes.
  The time to address these needs is now, and I applaud the House for 
stepping up to meet these critical needs. Again, I am most grateful to 
Representative Hoyer, Representative Oberstar, Representative Mica, 
Chairman Brown and Representative Shuster for their foresight, and also 
Senator Cardin and Senator Warner on the Senate side for their 
foresight and leadership on this critical issue for the Nation's 
capital and Federal workforce.
  I urge support of the bill.
  Mr. OBERSTAR. Madam Speaker, I yield 2 minutes to the distinguished 
gentleman from Massachusetts, the Chair of the Transportation 
Appropriations Subcommittee, Mr. Olver.
  Mr. OLVER. Madam Speaker, I rise in strong support of this 
legislation to reauthorize Amtrak and rail safety programs. I want to 
commend and congratulate the gentleman from Minnesota, the chairman, 
Mr. Oberstar, and the gentleman from Florida, Mr. Mica, for their 
tremendous efforts and fine work on this important piece of 
legislation. I also congratulate Subcommittee Chairwoman Brown and her 
ranking member, Mr. Shuster, for their tireless efforts on the bill.
  At a time of record fuel prices, Americans are finding travel by air 
more expensive and increasingly difficult. It is no secret that those 
record fuel prices, along with congestion on our Nation's highways, 
make travel by car less attractive and less affordable.
  Investments in intercity passenger rail and high-speed rail must 
become more integrated into our Nation's transportation policy, and 
this legislation will help accomplish that goal. Intercity passenger 
rail is already experiencing its own renaissance. Amtrak has enjoyed 5 
straight years of record level ridership, reaching almost 26 million 
passengers in 2007, and 2008 will be another record year.
  This bill will help Amtrak reduce its capital backlog, increase 
safety and improve service. This bill opens the door to true high-speed 
rail service in the Northeast corridor and will help many more 
Americans enjoy the benefits of intercity passenger rail.

                              {time}  1815

  Again, I would like to commend the authors of this bill, and I urge 
Members to support it.
  Mr. MICA. Madam Speaker, I am pleased to yield 4 minutes to the 
distinguished ranking Republican member of the Rail Subcommittee, the 
gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. I thank the gentleman from Florida for yielding.
  Madam Speaker, today is an important day for our Nation's railroad 
industry. We are authorizing, as everybody has been talking about, 
Amtrak, which has not been done in 10 years. We are also considering a 
comprehensive rail safety legislation which will make our Nation's 
railways safer for both passengers and freight trains. I'm heartened 
that we are considering this bill now, and I hope it's offering some 
small degree of comfort to the families who are suffering after the 
recent Metrolink disaster in California.

[[Page 21093]]

  America's railroads are becoming an increasingly important part of 
our transportation backbone. The gridlock on our highways and in the 
air and the need to conserve energy makes the case for passenger rail 
even more compelling. I believe that expanded passenger rail service 
can do a great deal to ease the congestion and, as I said, to conserve 
the energy that we so desperately need to conserve.
  But it's important that the private sector be given a chance to 
participate. I believe this bill is an important step towards this goal 
because it allows the private sector to bid on lines where Amtrak 
currently operates, and I believe the private sector, if given an 
opportunity, can greatly improve the efficiencies in our passenger rail 
system.
  I would encourage and would ask those on my side of the aisle who for 
years have wanted to eliminate, to break up and to kill Amtrak to 
consider this bill.
  We have important private-sector initiatives in this bill. Instead of 
talking about theory, we can see it go in motion, and then we'll have 
the evidence that I believe will come about by having the private 
sector's being involved. As I said, we will prove beyond a shadow of a 
doubt that the private sector can operate, once again, a passenger rail 
service in this country in an effective and efficient manner.
  I also support this bill because it has given an important 
opportunity to the private sector to submit proposals for the 
construction of high-speed rail lines, starting with the heavily 
traveled Northeast Corridor, followed by other corridors designated for 
high-speed rail service.
  High-speed rail has been in long use overseas--in Japan with the 
Bullet train for over 40 years and with the French with their TGV 
trains that have been in revenue service. I'm excited about the 
possibility of bringing this technology or similar technology to the 
United States so that we can open up the Northeast Corridor and can get 
some cars off the highways and can get people off of planes and into 
rail service.
  I just have to look to Pennsylvania, to the Keystone Corridor from 
Harrisburg to Philadelphia, which has been a partnership between Amtrak 
and the States. They have upgraded the lines. They now have service 
that runs 110 miles an hour between Harrisburg and Philadelphia. In its 
first year of service, it's up almost 20 percent in ridership. I think 
that's proof that high-speed rail or that higher speed rail with 
dependable service is something that Americans will use in significant 
numbers.
  The rail safety component of this bill is equally important, and it 
will result in a number of things: one being the installation of 
Positive Train Control by the end of 2015 on all routes that carry 
passengers and on all mainline routes that carry toxic materials like 
chlorine. PTC will use state-of-the-art technology to prevent trains 
from colliding into each other. What happened with the Metrolink 
disaster possibly could have been avoided or probably would have been 
avoided if we had had PTC. We are also providing grants to help defray 
some of these costs because we are mandating it. I think it's the 
appropriate thing, when we mandate something, to contribute to that 
cost.
  So, as I said, I urge my colleagues to pass this bill. Those who have 
come to the floor and who have argued in the past against Amtrak, 
please consider this. As I said, with the private-sector initiatives 
that are in this bill, it gives us a chance to put those theories 
forward for practical purposes. So I do urge the passage of this.
  The SPEAKER pro tempore. The time of the gentleman from Pennsylvania 
has expired.
  Mr. MICA. I yield the gentleman an additional 30 seconds.
  Mr. SHUSTER. Finally, I do want to say thank you to my colleagues: to 
Chairman Oberstar for his leadership and hard work, to Chairwoman Brown 
for her hard work and cooperation and for allowing us to participate in 
a significant manner in the writing of this bill and for putting in 
some important provisions that we needed to have in here to be able to 
support this bill, and also to the leader on the Republican side, Mr. 
Mica, for his leadership and hard work. I thank him for giving me the 
opportunity to be the ranking member on this subcommittee. Thank you.
  Again, I urge passage.
  Mr. OBERSTAR. May I inquire how much time remains on both sides.
  The SPEAKER pro tempore. The gentleman from Minnesota has 5 minutes 
remaining, and the gentleman from Florida has 7 minutes remaining.
  Mr. OBERSTAR. I yield 3 minutes to the distinguished Chair of our 
Coast Guard Subcommittee, Mr. Cummings.
  Mr. CUMMINGS. I thank the gentleman for yielding.
  Madam Speaker, today, as we in Congress consider spending on the 
order of $700 billion to bail out the Nation's financial system--and 
that figure could go up to $1.3 trillion--we have the opportunity to 
make what, by comparison, are very modest investments in the 
transportation and infrastructure that keep our economy moving. This is 
by supporting Amtrak and by implementing long overdue safety reforms 
throughout our rail system. These changes and the money will be spent 
effectively and efficiently.
  I applaud Chairman Oberstar, Chairwoman Brown, Ranking Member Mica, 
Ranking Member Shuster, and all of our colleagues in the Senate for 
their determined efforts to finalize this legislation. I also thank 
them for working with me to address several specific safety concerns in 
this legislation.
  Section 304 of division B of the bill supports the redevelopment of 
tunnel infrastructure around Baltimore, in my district, which is a 
linchpin on the Northeast Corridor and which is more than 130 years old 
in some instances. It has antiquated designs, and it lacks modern fire 
and life-saving systems. The replacement of it is critical to improving 
both the quality and the safety of Amtrak service.
  The legislation also responds directly to concerns raised by the 
National Transportation Safety Board in its investigation into the 
Howard Street tunnel fire in my district in Baltimore in 2001 by 
ensuring that first responders called to incidents in rail tunnels have 
all of the information they need to provide an effective response to 
emergency situations.
  Again, I deeply thank Chairman Oberstar and Chairwoman Brown for 
working with me to address these critical issues involving rail 
tunnels, and I urge my colleagues to support this legislation.
  Might I finally say that I agree with Mr. Shuster, Ms. Brown and with 
our chairman. This is a bipartisan committee, and I think this product 
that we have produced today shows what bipartisanship can do and what 
it can achieve. So, again, I urge my colleagues to support this very, 
very important legislation.
  Mr. MICA. I reserve the balance of my time.
  Mr. OBERSTAR. Does the gentleman from Florida have any further 
speakers?
  Mr. MICA. At this time, I do not. I would like to close on my side, 
but I know that you get to close.
  Mr. OBERSTAR. We have no further speakers. I will close on our side.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Florida to close.
  Mr. MICA. Thank you, Madam Speaker.
  I'm just sitting here, thinking that sometimes you have ideas, you 
know, that you come up with, that you think about and that you dream 
about that have an opportunity to become reality. I've got one in this 
bill. Will it work? Honestly, I don't know. I've given it my best try, 
but my intent has been to try to take the things I've seen around the 
world, the best from them, and adapt them to the United States of 
America, this great country where, I don't think, anything is 
impossible.
  When I see other countries that have high-speed rail systems which 
take people from one end of their land to the other, I think about our 
country and think: Why not? Why can't we?
  We wouldn't be here today if it weren't, again, for the cooperative 
effort of my counterpart, Mr. Oberstar--our Chair of the T&I 
Committee--and for the two of us and others--Mr. Shuster and Ms. 
Brown--all

[[Page 21094]]

working together. In closing, I do want to just thank a couple of other 
people.
  I didn't know Mayor Bloomberg very well when I took this idea to him 
in New York City. New York, of course, is at the center of the east 
coast, at the center of the Northeast Corridor. I explained the 
proposal to him. I said that we'd like to see high-speed rail. Right 
now, from Washington to New York, on average, Acela runs at 83 miles an 
hour. On average from New York to Boston, it runs at 66 miles an hour.
  I said, ``Mayor, what if we could go from Washington, D.C. to Center 
City New York in less than 2 hours? What would that do?'' Of course, 
his eyes lit up, and he endorsed the proposal. It would make a dramatic 
change in the Northeast Corridor.
  I chaired Aviation for 6 years. I remember the congestion we had in 
2001. The congestion is back today. Seventy percent of all of the air 
traffic control delays in the country emanate from New York City. So, 
if we could, let's put in place high-speed rail in this corridor. I 
don't know any other transportation solution that's more cost effective 
and environmentally sound than what we're proposing here tonight. 
Again, here, the leader of our largest city endorsed the proposal.
  Then I went to Mike Castle. Congressman Castle is the former Governor 
of Delaware. He heads the Rail Caucus in the House. I explained it to 
him, and he supported the proposal. Then I went to folks like Susan 
Molinari, who was our Chair, who tried to reform Amtrak when she was 
here, and she supported the proposal.
  Now, as a Republican, I come to the floor also to thank America's 
rail labor unions and their employees. When I had the opportunity to 
sit down and say you've seen your employment dwindle from 28,000 to 
19,000 on Amtrak and that you've seen proposals to zero out your 
budgets, just saying ``no'' is not the answer both on your side and on 
our side. We can do better and we must do better.
  I want to thank America's rail unions for working together to make 
this possible. In working together, we can expand employment, and we 
can improve transportation. We can develop that corridor and can make 
it a shining asset, something we can all be proud of in development 
along the way. So we'll create jobs and opportunities both in their 
industry and along that corridor.
  So, in closing, I also want to thank some of the folks from the 
Federal Railroad Administration, including Jo Strang, Grady Cothen, 
Mark Yachmetz, and Mark Lindsay. They provided us valuable technical 
assistance.
  I want to also thank the committee staffers who worked in a 
bipartisan way on the bill on the Democrats' side: David Heymsfeld, 
Jennifer Esposito, John Drake, and Niels Knutson. On our Republican 
side, I want to thank Jim Coon, our staff director for the committee; 
Amy Steinmann, our policy director; Joyce Rose; Mike Meenan; and 
Allison Cullin for all of their hard work.
  You don't get here by one person's coming up with an idea or by one 
person's trying to move a proposal or by one person's trying to 
dominate the legislation. You come here through the concerted effort of 
many people joining together.
  So, in closing, again, I thank Mr. Oberstar and all of those.
  I yield back the balance of my time.
  Mr. OBERSTAR. Madam Speaker, I yield myself the balance of our time.
  Again, I want to express the great appreciation for this long march 
that we have engaged in with Mr. Mica, with Mr. Shuster, with the staff 
on both sides, with Ms. Brown, and with the others who have spoken this 
afternoon.

                              {time}  1830

  When I graduated from college, I won a scholarship to study at the 
College of Europe in Belgium on European economic integration. I 
traveled by Greyhound bus from Chisholm to St. Paul; from St. Paul to 
Chicago by train, the Milwaukee 400, 400 miles in 400 minutes. That is 
7 hours. Then train to the east coast; the Queen Mary to Europe; and 
from Paris to Brussels in 6 hours. That is the distance from New York 
to Washington. Today that trip from Paris to Brussels is 80 minutes at 
184 miles an hour on the TGV.
  Within the context of this legislation, we can cut that 7-hour trip 
from the Twin Cities to Chicago from 7 hours to 4 hours, if there is a 
will to do it. If there is a will to explore, to use the authorities we 
have provided under this legislation.
  We can transform the travel time from New York to Washington to 2 
hours or under, as has long been the goal of Mr. Mica and Ms. Brown and 
Mr. Cummings and so many others. We can do these things. We can put our 
best efforts forward.
  Mr. Mica has already mentioned committee staff who have contributed 
so many hours and efforts, and I just supplement that with additional 
names that I will submit for the Record, but especially Jennifer 
Esposito, who has given birth to three children: Lexi, Amtrak, and rail 
safety.
  I will not ask for a recorded vote on this bill because we already 
have a vote of 311-104 on Amtrak and on rail safety 377-38.
  Mr. BROWN of South Carolina. Madam Speaker, I rise in support of this 
historic and forward looking legislation. Freight and passenger rail 
play an incredibly important role in our Nation's transportation system 
and our economy. The legislation before us will serve to strengthen 
that important contribution, and I was proud to have worked on it with 
Chairman Oberstar, Ranking Member Mica, Chairwoman Brown, Ranking 
Member Shuster, and all the members of the Transportation Committee.
  Today's legislation will foster introduction of new intelligent 
transportation systems technologies at highway-rail grade crossings. 
New technologies being researched now will one day provide the ability 
to use an in-vehicle warning of danger at highway-rail crossings and, 
perhaps, even provide the means to intervene before a collision occurs. 
H.R. 2095 will speed up the development and deployment of these 
technologies by allowing innovative partnerships between the private 
sector, State DOTs and the Federal Government.
  Even more important, this legislation contains a new commitment to 
high-speed rail for our country. High-speed rail can play an important 
role in reducing congestion in places like the Grand Strand, which sees 
14 million tourists a year and Charleston, which is the most congested 
small city in the country. By engaging the private sector along with 
public partners, H.R. 2095 calls for more than just paper plans for 
high-speed rail projects--it calls for action.
  Our constituents are paying record high prices for gasoline and 
spending $78 billion a year due to highway congestion. The time is now 
to make progress on high speed rail for our country, and this bill will 
do just that. H.R. 2095 sets the foundation for a privately-funded high 
speed rail line along the eastern seaboard connecting the population 
centers of the north to the tourism centers of the South, including 
Charleston and Myrtle Beach in my district. This is not only a sound 
business decision, it is a sound public policy decision that will 
benefit our nation.
  Madam Speaker, I will proudly be voting ``yes'' on H.R. 2095, and I 
ask all my colleagues to join me in support of this legislation.
  Mrs. NAPOLITANO. Madam Speaker, I rise in strong support of H.R. 
2095, the Federal Railroad Safety Improvement Act and Amtrak 
Reauthorization bill. I congratulate Chairman Oberstar, Chairwoman 
Brown, Ranking Member Mica, and Ranking Member Shuster for their 
bipartisan work on this bill.
  H.R. 2095 is vital legislation for my district which has 160 trains 
traveling through it every day, 90 on the Union Pacific line and 70 on 
the Burlington Northern Santa Fe line. These trains carry approximately 
14,000 containers every day, with many of them holding hazardous 
materials. This train traffic is expected to triple by 2020, which will 
mean a train every 10 minutes.
  From October 2004 to May 2005, five derailments occurred in or near 
my district. These derailments damaged homes and businesses, threatened 
public safety and caused anxiety for those who lived and worked along 
the railroad.
  H.R. 2095 will take major steps to prevent derailments by improving 
track safety and grade crossing safety, increasing whistleblower 
protections, setting hours of service requirements, and strongly 
enforcing rail safety violations.
  The rail safety section of the bill includes 3 provisions that I 
offered through amendments in Committee and on the House floor.

[[Page 21095]]

  The first provision would create strict training standards for all 
railroad employee inspectors. Railroad inspectors have expressed 
frustration over their lack of training curriculum. They claim that 
most training is on the job and from coworkers. This provision creates 
strong training, testing, and skills evaluation measures to ensure that 
inspectors are able to address critical safety defects that contribute 
to derailments and accidents.
  The second provision would fund Operation Lifesaver for $7 million 
over the next 4 years. Operation Lifesaver is a rail safety awareness 
program that provides public service announcements, school 
presentations, brochures and materials, and support for public 
awareness campaigns. The goal of this public education program is to 
end collisions, deaths, and injuries at highway-rail grade crossings 
and on railroad rights-of-way. The program is supported by a wide range 
of partners including Federal, State and local government agencies, 
highway safety organizations, law enforcement, and the Nation's 
railroads. The provision will also create a pilot program for sustained 
outreach in high risk areas, as defined by number of accidents and 
population density near the tracks.
  The third provision would prohibit the Federal Government from 
allowing train safety inspections in Mexico from satisfying U.S. safety 
requirements. Railroad companies have tried multiple times to receive 
waivers from the Federal Government from having to perform safety 
inspections of trains that cross the border. Safety inspections in 
Mexico are much different than those performed on our side of the 
border and we must make sure U.S. rail safety laws are being followed.
  H.R. 2095 also includes a major provision regarding the 
implementation of Positive Train Control (PTC) systems that is vital to 
ensuring that accidents such as the recent Metrolink tragedy never 
happen again. The bill requires all major railroads and passenger 
railroads to implement PTC by December 31, 2015. PTC systems have the 
ability to stop trains automatically before accidents occur by using 
switch position indicators, track integrity technology, GPS systems, 
and other technology. The bill also includes a grant program to assist 
the railroads in deploying PTC systems.
  I am concerned that an important provision regarding State regulation 
was not included in this final bill. The State regulation provision 
would have ensured the original intent of Congress to give States 
regulatory authority to address local safety hazards.
  The provision is necessary because Federal Appellate Courts have 
preempted every attempt by the States to implement rail safety 
provisions where the FRA has not acted. This was not the original 
intent of Congress. The Federal Railroad Safety Act as passed in 1970 
says, ``The States will retain the authority to regulate individual 
local problems where necessary to eliminate or reduce essentially local 
railroad safety hazards.''
  States and local communities cannot rely on the limited FRA resources 
to address their safety concerns. States must be allowed to regulate 
the railroad in order to protect their property and their citizens. I 
hope this important safety issue will be addressed in the next 
Congress.
  I also support the Amtrak and passenger rail section of H.R. 2095 
which makes a dramatic investment in our passenger rail system that 
will provide jobs, strengthen the economy, and improve the environment.
  The bill creates a new State Grant Program that provides $380 million 
per year for intercity passenger rail. This is desperately needed in 
California as it has 3 of the top 5 busiest rail corridors in the U.S. 
These corridors include Pacific Surfliner from San Diego through Los 
Angeles to San Luis Obispo, the Capitol Corridor from San Francisco 
through Sacramento to Auburn, and the San Joaquin Corridors from 
Bakersfield to Oakland and Sacramento.
  The bill will greatly assist the Sunset Limited, which travels 
through my district, by alleviating ``choke points'' with congestion 
grants and a new process for mediating disputes with freight railroads 
at the Surface Transportation Board (STB). It also provides funding for 
a High Speed Rail System which California has been working on.
  The passenger rail section includes a provision I authored regarding 
compliance with the Americans with Disabilities Act (ADA) and the 
raising of station platforms. L.A. Metrolink and many other commuter 
railroads have fully complied with ADA rules by putting ramps and lifts 
in all of their stations so the disabled community can safely and 
easily board the trains. DOT has proposed making a rule that would 
require all railroad stations to fully raise their platforms to the 
floor level of the trains entering the station. The problem is that 
most passenger rail stations are serviced by multiple railroad 
companies with different train sets. Raising the platform could create 
major vertical and horizontal gaps between the trains and the platform. 
This would make it harder for the disabled community to safely and 
efficiently enter and exit trains. The provision I authored requires 
Amtrak to study how raising station platforms will affect the safe and 
efficient boarding of trains for all passengers.
  Madam Speaker, I strongly support passage of H.R. 2095, this very 
important railroad safety and passenger rail bill. I thank the Chairman 
for shepherding this bill through the legislative process.
  Mr. OBERSTAR. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and agree to the resolution, H. Res. 1492.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

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