[House Report 110-690]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-690
======================================================================
PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008
_______
June 5, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 6003]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6003) to reauthorize Amtrak, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passenger Rail Investment and
Improvement Act of 2008''.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to a section or other
provision of law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorization for Amtrak capital and operating expenses and
State capital grants.
Sec. 102. Repayment of long-term debt and capital leases.
Sec. 103. Other authorizations.
Sec. 104. Tunnel project.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
Sec. 201. National railroad passenger transportation system defined.
Sec. 202. Amtrak Board of Directors.
Sec. 203. Establishment of improved financial accounting system.
Sec. 204. Development of 5-year financial plan.
Sec. 205. Establishment of grant process.
Sec. 206. State-supported routes.
Sec. 207. Metrics and standards.
Sec. 208. Northeast Corridor state-of-good-repair plan.
Sec. 209. Northeast Corridor infrastructure and operations
improvements.
Sec. 210. Restructuring long-term debt and capital leases.
Sec. 211. Study of compliance requirements at existing intercity rail
stations.
Sec. 212. Oversight of Amtrak's compliance with accessibility
requirements.
Sec. 213. Access to Amtrak equipment and services.
Sec. 214. General Amtrak provisions.
Sec. 215. Amtrak management accountability.
Sec. 216. Passenger rail study.
Sec. 217. Congestion grants.
Sec. 218. Plan for restoration of service.
Sec. 219. Locomotive biofuel study.
Sec. 220. Study of the use of biobased lubricants.
Sec. 221. Applicability of Buy American Act.
Sec. 222. Intercity passenger rail service performance.
Sec. 223. Amtrak Inspector General utilization study.
Sec. 224. Amtrak service preference study.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 301. Capital assistance for intercity passenger rail service;
State rail plans.
Sec. 302. State rail plans.
Sec. 303. Next generation corridor train equipment pool.
Sec. 304. Rail cooperative research program.
Sec. 305. Passenger rail system comparison study.
TITLE IV--COMMUTER RAIL TRANSIT ENHANCEMENT
Sec. 401. Commuter rail transit enhancement.
TITLE V--HIGH-SPEED RAIL
Sec. 501. High-speed rail corridor program.
Sec. 502. Additional high-speed projects.
Sec. 503. High-speed rail study.
Sec. 504. Grant conditions.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING EXPENSES AND
STATE CAPITAL GRANTS.
(a) Operating Grants.--There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak for operating costs
the following amounts:
(1) For fiscal year 2009, $525,000,000.
(2) For fiscal year 2010, $600,000,000.
(3) For fiscal year 2011, $614,000,000.
(4) For fiscal year 2012, $638,000,000.
(5) For fiscal year 2013, $654,000,000.
(b) Inspector General.--Out of the amounts authorized under
subsection (a), there are authorized to be appropriated to the
Secretary of Transportation for the Office of the Inspector General of
Amtrak the following amounts:
(1) For fiscal year 2009, $20,368,900.
(2) For fiscal year 2010, $22,586,000.
(3) For fiscal year 2011, $24,337,000.
(4) For fiscal year 2012, $26,236,000.
(5) For fiscal year 2013, $28,287,000.
(c) Americans With Disabilities Act Compliance.--There are authorized
to be appropriated to the Secretary of Transportation for the use of
Amtrak for compliance with the requirements of the Americans With
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) the following
amounts:
(1) For fiscal year 2009, $68,500,000.
(2) For fiscal year 2010, $240,000,000.
(3) For fiscal year 2011, $240,000,000.
(4) For fiscal year 2012, $240,000,000.
(5) For fiscal year 2013, $240,000,000.
(d) Capital Grants.--There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak for capital projects
(as defined in subparagraphs (A) and (B) of section 24401(2) of title
49, United States Code) to bring the Northeast Corridor (as defined in
section 24102(a)) to a state-of-good-repair, for capital expenses of
the national rail passenger transportation system, and for purposes of
making capital grants under section 24402 of that title to States, the
following amounts:
(1) For fiscal year 2009, $1,202,000,000.
(2) For fiscal year 2010, $1,321,000,000.
(3) For fiscal year 2011, $1,321,000,000.
(4) For fiscal year 2012, $1,427,000,000.
(5) For fiscal year 2013, $1,427,000,000.
(e) Amounts for State Grants.--Out of the amounts authorized under
subsection (d), the following percentage shall be available each fiscal
year for capital grants to States under section 24402 of title 49,
United States Code, to be administered by the Secretary of
Transportation:
(1) 41.60 percent for fiscal year 2009.
(2) 38 percent for fiscal year 2010.
(3) 38 percent for fiscal year 2011.
(4) 35 percent for fiscal year 2012.
(5) 35 percent for fiscal year 2013.
(f) Project Management Oversight.--The Secretary may withhold up to
\1/2\ of 1 percent of amounts appropriated pursuant to subsection (d)
for the costs of project management oversight of capital projects
carried out by Amtrak.
SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.
(a) Amtrak Principal and Interest Payments.--
(1) Principal and interest on debt service.--There are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for retirement of
principal and payment of interest on loans for capital
equipment, or capital leases, not more than the following
amounts:
(A) For fiscal year 2009, $345,000,000.
(B) For fiscal year 2010, $345,000,000.
(C) For fiscal year 2011, $345,000,000.
(D) For fiscal year 2012, $345,000,000.
(E) For fiscal year 2013, $345,000,000.
(2) Early buyout option.--There are authorized to be
appropriated to the Secretary of Transportation such sums as
may be necessary for the use of Amtrak for the payment of costs
associated with early buyout options if the exercise of those
options is determined to be advantageous to Amtrak.
(3) Legal effect of payments under this section.--The payment
of principal and interest on secured debt, with the proceeds of
grants authorized by this section shall not--
(A) modify the extent or nature of any indebtedness
of the National Railroad Passenger Corporation to the
United States in existence of the date of enactment of
this Act;
(B) change the private nature of Amtrak's or its
successors' liabilities; or
(C) imply any Federal guarantee or commitment to
amortize Amtrak's outstanding indebtedness.
SEC. 103. OTHER AUTHORIZATIONS.
There are authorized to be appropriated to the Secretary of
Transportation--
(1) $5,000,000 for each of fiscal years 2009 through 2013 to
carry out the rail cooperative research program under section
24910 of title 49, United States Code; and
(2) $5,000,000 for fiscal year 2009, to remain available
until expended, for grants to Amtrak and States participating
in the Next Generation Corridor Train Equipment Pool Committee
established under section 303 of this Act for the purpose of
designing, developing specifications for, and initiating the
procurement of an initial order of 1 or more types of
standardized next-generation corridor train equipment and
establishing a jointly owned corporation to manage that
equipment.
SEC. 104. TUNNEL PROJECT.
(a) New Tunnel Alignment and Environmental Review.--Not later than
September 30, 2013, the Federal Railroad Administration, working with
Amtrak, the City of Baltimore, State of Maryland, and rail operators
described in subsection (b), shall--
(1) approve a new rail tunnel alignment in Baltimore that
will permit an increase in train speed and service reliability;
and
(2) ensure completion of the related environmental review
process.
(b) Affected Rail Operators.--Rail operators other than Amtrak may
participate in activities described in subsection (a) to the extent
that they can demonstrate the intention and ability to contribute to
the construction of the new tunnel.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Railroad Administration for carrying out
this section $60,000,000 for the period encompassing fiscal years 2009
through 2013.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM DEFINED.
(a) In General.--Section 24102 is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated the
following:
``(5) `national rail passenger transportation system' means--
``(A) the segment of the Northeast Corridor between
Boston, Massachusetts and Washington, DC;
``(B) rail corridors that have been designated by the
Secretary of Transportation as high-speed corridors
(other than corridors described in subparagraph (A)),
but only after they have been improved to permit
operation of high-speed service;
``(C) long distance routes of more than 750 miles
between endpoints operated by Amtrak as of the date of
enactment of the Passenger Rail Investment and
Improvement Act of 2008; and
``(D) short-distance corridors, or routes of not more
than 750 miles between endpoints, operated by--
``(i) Amtrak; or
``(ii) another rail carrier that receives
funds under chapter 244.''.
(b) Amtrak Routes With State Funding.--
(1) In general.--Chapter 247 is amended by inserting after
section 24701 the following:
``Sec. 24702. Transportation requested by States, authorities, and
other persons
``(a) Contracts for Transportation.--Amtrak may enter into a contract
with a State, a regional or local authority, or another person for
Amtrak to operate an intercity rail service or route not included in
the national rail passenger transportation system upon such terms as
the parties thereto may agree.
``(b) Discontinuance.--Upon termination of a contract entered into
under this section, or the cessation of financial support under such a
contract by either party, Amtrak may discontinue such service or route,
notwithstanding any other provision of law.''.
(2) Conforming amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to section
24701 the following:
``24702. Transportation requested by States, authorities, and other
persons.''.
(c) Amtrak To Continue To Provide Non-High-Speed Services.--Nothing
in this Act is intended to preclude Amtrak from restoring, improving,
or developing non-high-speed intercity passenger rail service.
(d) Applicability of Section 24706.--Section 24706 is amended by
adding at the end the following:
``(c) Applicability.--This section applies to all service over routes
provided by Amtrak, notwithstanding any provision of section 24701 of
this title or any other provision of this title except section
24702(b).''.
SEC. 202. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section 24302 is amended to read as follows:
``Sec. 24302. Board of Directors
``(a) Composition and Terms.--
``(1) The Board of Directors of Amtrak is composed of the
following 10 directors, each of whom must be a citizen of the
United States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak, who shall serve ex
officio, as a non-voting member.
``(C) 8 individuals appointed by the President of the
United States, by and with the advice and consent of
the Senate, with general business and financial
experience, experience or qualifications in
transportation, freight and passenger rail
transportation, travel, hospitality, cruise line, and
passenger air transportation businesses, or
representatives of employees or users of passenger rail
transportation or a State government.
``(2) In selecting individuals described in paragraph (1) for
nominations for appointments to the Board, the President shall
consult with the Speaker of the House of Representatives, the
minority leader of the House of Representatives, the majority
leader of the Senate, and the minority leader of the Senate and
try to provide adequate and balanced representation of the
major geographic regions of the United States served by Amtrak.
``(3) An individual appointed under paragraph (1)(C) of this
subsection serves for 5 years or until the individual's
successor is appointed and qualified. Not more than 5
individuals appointed under paragraph (1)(C) may be members of
the same political party.
``(4) The Board shall elect a chairman and a vice chairman
from among its membership. The vice chairman shall serve as
chairman in the absence of the chairman.
``(5) The Secretary may be represented at board meetings by
the Secretary's designee.
``(b) Pay and Expenses.--Each director not employed by the United
States Government is entitled to $300 a day when performing Board
duties. Each Director is entitled to reimbursement for necessary
travel, reasonable secretarial and professional staff support, and
subsistence expenses incurred in attending Board meetings.
``(c) Vacancies.--A vacancy on the Board is filled in the same way as
the original selection, except that an individual appointed by the
President of the United States under subsection (a)(1)(C) of this
section to fill a vacancy occurring before the end of the term for
which the predecessor of that individual was appointed is appointed for
the remainder of that term. A vacancy required to be filled by
appointment under subsection (a)(1)(C) must be filled not later than
120 days after the vacancy occurs.
``(d) Quorum.--A majority of the members serving shall constitute a
quorum for doing business.
``(e) Bylaws.--The Board may adopt and amend bylaws governing the
operation of Amtrak. The bylaws shall be consistent with this part and
the articles of incorporation.''.
(b) Effective Date for Directors' Provision.--The amendment made by
subsection (a) shall take effect 6 months after the date of enactment
of this Act. The members of the Amtrak Board serving on the date of
enactment of this Act may continue to serve for the remainder of the
term to which they were appointed.
SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING SYSTEM.
(a) In General.--The Amtrak Board of Directors--
(1) may employ an independent financial consultant with
experience in railroad accounting to assist Amtrak in improving
Amtrak's financial accounting and reporting system and
practices;
(2) shall implement a modern financial accounting and
reporting system not later than 1 year after the date of
enactment of this Act; and
(3) shall, not later than 90 days after the end of each
fiscal year through fiscal year 2013--
(A) submit to Congress a comprehensive report that
allocates all of Amtrak's revenues and costs to each of
its routes, each of its lines of business, and each
major activity within each route and line of business
activity, including--
(i) train operations;
(ii) equipment maintenance;
(iii) food service;
(iv) sleeping cars;
(v) ticketing; and
(vi) reservations;
(B) include the report described in subparagraph (A)
in Amtrak's annual report; and
(C) post such report on Amtrak's website.
(b) Verification of System; Report.--The Inspector General of the
Department of Transportation shall review the accounting system
designed and implemented under subsection (a) to ensure that it
accomplishes the purposes for which it is intended. The Inspector
General shall report his findings and conclusions, together with any
recommendations, to the House of Representatives Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation.
(c) Categorization of Revenues and Expenses.--
(1) In general.--In carrying out subsection (a), the Amtrak
Board of Directors shall separately categorize routes, assigned
revenues, and attributable expenses by type of service,
including long distance routes, State-sponsored routes,
commuter contract routes, and Northeast Corridor routes.
(2) Northeast corridor.--Amtrak revenues generated by freight
and commuter railroads operating on the Northeast Corridor
shall be separately listed to include the charges per car mile
assessed by Amtrak to other freight and commuter railroad
entities.
(3) Fixed overhead expenses.--Fixed overhead expenses that
are not directly assigned or attributed to any route (or group
of routes) shall be listed separately by line item and expense
category.
SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.
(a) Development of 5-Year Financial Plan.--The Amtrak Board of
Directors shall submit an annual budget and business plan for Amtrak,
and a 5-year financial plan for the fiscal year to which that budget
and business plan relate and the subsequent 4 years, prepared in
accordance with this section, to the Secretary of Transportation and
the Inspector General of the Department of Transportation no later
than--
(1) the first day of each fiscal year beginning after the
date of enactment of this Act; or
(2) the date that is 60 days after the date of enactment of
an appropriation Act for the fiscal year, if later.
(b) Contents of 5-Year Financial Plan.--The 5-year financial plan for
Amtrak shall include, at a minimum--
(1) all projected revenues and expenditures for Amtrak,
including governmental funding sources;
(2) projected ridership levels for all Amtrak passenger
operations;
(3) revenue and expenditure forecasts for non-passenger
operations;
(4) capital funding requirements and expenditures necessary
to maintain passenger service which will accommodate predicted
ridership levels and predicted sources of capital funding;
(5) operational funding needs, if any, to maintain current
and projected levels of passenger service, including state-
supported routes and predicted funding sources;
(6) projected capital and operating requirements, ridership,
and revenue for any new passenger service operations or service
expansions;
(7) an assessment of the continuing financial stability of
Amtrak, such as Amtrak's ability to efficiently manage its
workforce, and Amtrak's ability to effectively provide
passenger train service;
(8) estimates of long-term and short-term debt and associated
principal and interest payments (both current and anticipated);
(9) annual cash flow forecasts;
(10) a statement describing methods of estimation and
significant assumptions;
(11) specific measures that demonstrate measurable
improvement year over year in the financial results of Amtrak's
operations;
(12) prior fiscal year and projected operating ratio, cash
operating loss, and cash operating loss per passenger on a
route, business line, and corporate basis;
(13) prior fiscal year and projected specific costs and
savings estimates resulting from reform initiatives;
(14) prior fiscal year and projected labor productivity
statistics on a route, business line, and corporate basis; and
(15) prior fiscal year and projected equipment reliability
statistics.
(c) Standards To Promote Financial Stability.--In meeting the
requirements of subsection (b), Amtrak shall--
(1) apply sound budgetary practices, including reducing costs
and other expenditures, improving productivity, increasing
revenues, or combinations of such practices;
(2) use the categories specified in the financial accounting
and reporting system developed under section 203 when preparing
its 5-year financial plan; and
(3) ensure that the plan is consistent with the
authorizations of appropriations under title I of this Act.
SEC. 205. ESTABLISHMENT OF GRANT PROCESS.
(a) Grant Requests.--Amtrak shall submit grant requests (including a
schedule for the disbursement of funds), consistent with the
requirements of this Act, to the Secretary of Transportation for funds
authorized to be appropriated to the Secretary for the use of Amtrak
under sections 101(a), (c), and (d), 102, and 103(c) of this Act.
(b) Procedures for Grant Requests.--The Secretary shall establish
substantive and procedural requirements, including schedules, for grant
requests under this section not later than 30 days after the date of
enactment of this Act and shall transmit copies to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
(c) Review and Approval.--
(1) 30-day approval process.--The Secretary shall complete
the review of a complete grant request (including the
disbursement schedule) and approve or disapprove the request
within 30 days after the date on which Amtrak submits the grant
request. If the Secretary disapproves the request or determines
that the request is incomplete or deficient, the Secretary
shall include the reason for disapproval or the incomplete
items or deficiencies in the notice to Amtrak.
(2) 15-day modification period.--Within 15 days after
receiving notification from the Secretary under the preceding
sentence, Amtrak shall submit a modified request for the
Secretary's review.
(3) Revised requests.--Within 15 days after receiving a
modified request from Amtrak, the Secretary shall either
approve the modified request, or, if the Secretary finds that
the request is still incomplete or deficient, the Secretary
shall identify in writing to the House of Representatives
Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation the
remaining deficiencies and recommend a process for resolving
the outstanding portions of the request.
SEC. 206. STATE-SUPPORTED ROUTES.
(a) In General.--Within 2 years after the date of enactment of this
Act, the Board of Directors of Amtrak, in consultation with the
Secretary of Transportation and the governors of each relevant State
and the Mayor of the District of Columbia or groups representing those
officials, shall develop and implement a single, Nationwide
standardized methodology for establishing and allocating the operating
and capital costs among the States and Amtrak associated with trains
operated on routes described in section 24102(5)(B) or (D) or section
24702 that--
(1) ensures, within 5 years after the date of enactment of
this Act, equal treatment in the provision of like services of
all States and groups of States (including the District of
Columbia); and
(2) allocates to each route the costs incurred only for the
benefit of that route and a proportionate share, based upon
factors that reasonably reflect relative use, of costs incurred
for the common benefit of more than 1 route.
(b) Review.--If Amtrak and the States (including the District of
Columbia) in which Amtrak operates such routes do not voluntarily adopt
and implement the methodology developed under subsection (a) in
allocating costs and determining compensation for the provision of
service in accordance with the date established therein, the Surface
Transportation Board shall determine the appropriate methodology
required under subsection (a) for such services in accordance with the
procedures and procedural schedule applicable to a proceeding under
section 24904(c) of title 49, United States Code, and require the full
implementation of this methodology with regards to the provision of
such service within 1 year after the Board's determination of the
appropriate methodology.
(c) Use of Chapter 244 Funds.--Funds provided to a State under
chapter 244 of title 49, United States Code, may be used, as provided
in that chapter, to pay capital costs determined in accordance with
this section.
SEC. 207. METRICS AND STANDARDS.
(a) In General.--Within 180 days after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration and
Amtrak shall jointly, in consultation with the Surface Transportation
Board, rail carriers over whose rail lines Amtrak trains operate,
States, Amtrak employees, nonprofit employee organizations representing
Amtrak employees, and groups representing Amtrak passengers, as
appropriate, develop new or improve existing metrics and minimum
standards for measuring the performance and service quality of
intercity passenger train operations, including cost recovery, on-time
performance and minutes of delay, ridership, on-board services,
stations, facilities, equipment, and other services. Such metrics, at a
minimum, shall include the percentage of avoidable and fully allocated
operating costs covered by passenger revenues on each route, ridership
per train mile operated, measures of on-time performance and delays
incurred by intercity passenger trains on the rail lines of each rail
carrier and, for long distance routes, measures of connectivity with
other routes in all regions currently receiving Amtrak service and the
transportation needs of communities and populations that are not well-
served by other forms of public transportation. Amtrak shall provide
reasonable access to the Federal Railroad Administration in order to
enable the Administration to carry out its duty under this section.
(b) Quarterly Reports.--The Administrator of the Federal Railroad
Administration shall collect the necessary data and publish a quarterly
report on the performance and service quality of intercity passenger
train operations, including Amtrak's cost recovery, ridership, on-time
performance and minutes of delay, causes of delay, on-board services,
stations, facilities, equipment, and other services.
(c) Contract With Host Rail Carriers.--To the extent practicable,
Amtrak and its host rail carriers shall incorporate the metrics and
standards developed under subsection (a) into their access and service
agreements.
(d) Arbitration.--If the development of the metrics and standards is
not completed within the 180-day period required by subsection (a), any
party involved in the development of those standards may petition the
Surface Transportation Board to appoint an arbitrator to assist the
parties in resolving their disputes through binding arbitration.
SEC. 208. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.
(a) In General.--Within 9 months after the date of enactment of this
Act, the National Railroad Passenger Corporation, in consultation with
the Secretary and the States (including the District of Columbia) that
make up the Northeast Corridor (as defined in section 24102 of title
49, United States Code), shall prepare a capital spending plan for
capital projects required to return the railroad right-of-way
(including track, signals, and auxiliary structures), facilities,
stations, and equipment, of the Northeast Corridor to a state of good
repair by the end of fiscal year 2024, consistent with the funding
levels authorized in this Act and shall submit the plan to the
Secretary.
(b) Approval by the Secretary.--
(1) The Corporation shall submit the capital spending plan
prepared under this section to the Secretary of Transportation
for review and approval pursuant to the procedures developed
under section 205 of this Act.
(2) The Secretary of Transportation shall require that the
plan be updated at least annually and shall review and approve
such updates. During review, the Secretary shall seek comments
and review from the commission established under section 24905
of title 49, United States Code, and other Northeast Corridor
users regarding the plan.
(3) The Secretary shall make grants to the Corporation with
funds authorized by section 101(d) of this Act for Northeast
Corridor capital investments contained within the capital
spending plan prepared by the Corporation and approved by the
Secretary.
(4) Using the funds authorized by section 101(f) of this Act,
the Secretary shall review Amtrak's capital expenditures funded
by this section to ensure that such expenditures are consistent
with the capital spending plan and that Amtrak is providing
adequate project management oversight and fiscal controls.
(c) Eligibility of Expenditures.--The Federal share of expenditures
for capital improvements under this section may not exceed 100 percent.
SEC. 209. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
IMPROVEMENTS.
(a) In General.--Section 24905 is amended to read as follows:
``Sec. 24905. Northeast Corridor Infrastructure and Operations Advisory
Commission
``(a) Northeast Corridor Infrastructure and Operations Advisory
Commission.--
``(1) Within 180 days after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008, the
Secretary of Transportation shall establish a Northeast
Corridor Infrastructure and Operations Advisory Commission
(hereinafter referred to in this section as the `Commission')
to promote mutual cooperation and planning pertaining to the
rail operations and related activities of the Northeast
Corridor. The Commission shall be made up of--
``(A) members representing the National Railroad
Passenger Corporation;
``(B) members representing the Secretary of
Transportation and the Federal Railroad Administration;
``(C) 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 subparagraph
(1) shall not constitute a majority of the commission's
memberships.
``(3) The commission shall establish a schedule and location
for convening meetings, but shall meet no less than four times
per fiscal year, and the commission shall develop rules and
procedures to govern the commission's proceedings.
``(4) A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
``(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
``(6) The Chairman of the Commission shall be elected by the
members.
``(7) The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
``(8) Upon request of the Commission, the head of any
department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its
duties under this section.
``(9) Upon the request of the Commission, the Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities
under this section.
``(10) The commission shall consult with other entities as
appropriate.
``(b) General Recommendations.--The Commission shall develop
recommendations concerning Northeast Corridor rail infrastructure and
operations including proposals addressing, as appropriate--
``(1) short-term and long-term capital investment needs
beyond the state-of-good-repair under section 208 of the
Passenger Rail Investment and Improvement Act of 2008;
``(2) future funding requirements for capital improvements
and maintenance;
``(3) operational improvements of intercity passenger rail,
commuter rail, and freight rail services;
``(4) opportunities for additional non-rail uses of the
Northeast Corridor;
``(5) scheduling and dispatching;
``(6) safety enhancements;
``(7) equipment design;
``(8) marketing of rail services; and
``(9) future capacity requirements.
``(c) Access Costs.--
``(1) Development of formula.--Within 1 year after
verification of Amtrak's new financial accounting system
pursuant to section 203(b) of the Passenger Rail Investment and
Improvement Act of 2008, the Commission shall--
``(A) develop a standardized formula for determining
and allocating costs, revenues, and compensation for
Northeast Corridor commuter rail passenger
transportation, as defined in section 24102 of this
title, that use National Railroad Passenger Corporation
facilities or services or that provide such facilities
or services to the National Railroad Passenger
Corporation that ensure that--
``(i) there is no cross-subsidization of
commuter rail passenger, intercity rail
passenger, or freight rail transportation; and
``(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;
``(B) develop a proposed timetable for implementing
the formula before the end of the 6th year following
the date of enactment of that Act;
``(C) transmit the proposed timetable to the Surface
Transportation Board; and
``(D) at the request of a Commission member, petition
the Surface Transportation Board to appoint a mediator
to assist the Commission members through non-binding
mediation to reach an agreement under this section.
``(2) Implementation.--The National Railroad Passenger
Corporation and the commuter authorities providing commuter
rail passenger transportation on the Northeast Corridor shall
implement new agreements for usage of facilities or services
based on the formula proposed in paragraph (1) in accordance
with the timetable established therein. If the entities fail to
implement such new agreements in accordance with the timetable,
the Commission shall petition the Surface Transportation Board
to determine the appropriate compensation amounts for such
services in accordance with section 24904(c) of this title. The
Surface Transportation Board shall enforce its determination on
the party or parties involved.
``(d) Transmission of Recommendations.--The commission shall annually
transmit the recommendations developed under subsection (b) and the
formula and timetable developed under subsection (c)(1) to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.''.
(b) Conforming Amendments.--(1) Section 24904(c)(2) is amended by--
(A) inserting ``commuter rail passenger and'' after
``between''; and
(B) striking ``freight'' in the second sentence.
(2) The chapter analysis for chapter 249 is amended by striking the
item relating to section 24905 and inserting the following:
``24905. Northeast Corridor Infrastructure and Operations Advisory
Commission.''.
(c) Acela Service Study.--
(1) In general.--Amtrak shall conduct a conduct a study to
determine the infrastructure and equipment improvements
necessary to provide regular Acela service--
(A) between Washington, DC and New York City--
(i) in 2 hours and 30 minutes;
(ii) in 2 hours and 15 minutes; and
(iii) in 2 hours; and
(B) between New York City and Boston--
(i) in 3 hours and 15 minutes;
(ii) in 3 hours; and
(iii) in 2 hours and 45 minutes.
(2) Issues.--The study conducted under paragraph (1) shall
include--
(A) an estimated time frame for achieving the trip
time described in paragraph (1);
(B) an analysis of any significant obstacles that
would hinder such an achievement; and
(C) a detailed description and cost estimate of the
specific infrastructure and equipment improvements
necessary for such an achievement.
(3) Report.--Within 1 year after the date of enactment of
this Act, Amtrak shall submit a written report containing the
results of the study required under this subsection to--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
(B) the Committee on Appropriations of the House of
Representatives;
(C) the Committee on Commerce, Science, and
Transportation of the Senate;
(D) the Committee on Appropriations of the Senate;
and
(E) the Federal Railroad Administration.
(4) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary of Transportation to enable
Amtrak to conduct the study under this subsection $5,000,000.
SEC. 210. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.
(a) In General.--The Secretary of the Treasury, in consultation with
the Secretary of Transportation and Amtrak, may make agreements to
restructure Amtrak's indebtedness as of the date of enactment of this
Act. This authorization expires 18 months after the date of enactment
of this Act.
(b) Debt Restructuring.--The Secretary of the Treasury, in
consultation with the Secretary of Transportation and Amtrak, shall
enter into negotiations with the holders of Amtrak debt, including
leases, outstanding on the date of enactment of this Act for the
purpose of restructuring (including repayment) and repaying that debt.
The Secretary of the Treasury may secure agreements for restructuring
or repayment on such terms as the Secretary of the Treasury deems
favorable to the interests of the Government.
(c) Criteria.--In restructuring Amtrak's indebtedness, the Secretary
of the Treasury and Amtrak--
(1) shall take into consideration repayment costs, the term
of any loan or loans, and market conditions; and
(2) shall ensure that the restructuring results in
significant savings to Amtrak and the United States Government.
(d) Payment of Renegotiated Debt.--If the criteria under subsection
(c) are met, the Secretary of the Treasury may assume or repay the
restructured debt, as appropriate.
(e) Amtrak Principal and Interest Payments.--
(1) Principal on debt service.--Unless the Secretary of the
Treasury makes sufficient payments to creditors under
subsection (d) so that Amtrak is required to make no payments
to creditors in a fiscal year, the Secretary of Transportation
shall use funds authorized by section 102(a)(1) of this Act for
the use of Amtrak for retirement of principal on loans for
capital equipment, or capital leases.
(2) Interest on debt.--Unless the Secretary of the Treasury
makes sufficient payments to creditors under subsection (d) so
that Amtrak is required to make no payments to creditors in a
fiscal year, the Secretary of Transportation shall use funds
authorized by section 102(a)(1) of this Act for the use of
Amtrak for the payment of interest on loans for capital
equipment, or capital leases.
(3) Reductions in authorization levels.--Whenever action
taken by the Secretary of the Treasury under subsection (a)
results in reductions in amounts of principal or interest that
Amtrak must service on existing debt, the corresponding amounts
authorized by section 102(a)(1) shall be reduced accordingly.
(f) Legal Effect of Payments Under This Section.--The payment of
principal and interest on secured debt, other than debt assumed under
subsection (d), with the proceeds of grants under subsection (e) shall
not--
(1) modify the extent or nature of any indebtedness of the
National Railroad Passenger Corporation to the United States in
existence of the date of enactment of this Act;
(2) change the private nature of Amtrak's or its successors'
liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.
(g) Secretary Approval.--Amtrak may not incur more debt after the
date of enactment of this Act without the express advance approval of
the Secretary of Transportation.
(h) Report.--The Secretary of the Treasury shall transmit a report to
the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Appropriations of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Appropriations of the Senate, by
November 1, 2009--
(1) describing in detail any agreements to restructure the
Amtrak debt; and
(2) providing an estimate of the savings to Amtrak and the
United States Government.
SEC. 211. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING INTERCITY RAIL
STATIONS.
Amtrak, in consultation with station owners and other railroads
operating service through the existing stations that it serves, shall
evaluate the improvements necessary to make these stations readily
accessible to and usable by individuals with disabilities, as required
by such section 242(e)(2) of the Americans with Disabilities Act of
1990, as amended (42 U.S.C. 12162(e)(2)). The evaluation shall include,
for each applicable station, improvements required to bring it into
compliance with the applicable parts of such section 242(e)(2), any
potential barriers to achieving compliance, 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 an overall schedule for bringing all
applicable stations into compliance with the applicable parts of
section 242(e)(2). 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 July 1, 2009, along with recommendations for funding the
necessary improvements. Should the Department of Transportation issue
the Final Rule to its Notice of Proposed Rulemaking of February 27,
2006, on ``Transportation for Individuals with Disabilities,'' after
Amtrak submits its evaluation, Amtrak shall, not later than 120 days
after the date the Final Rule is published, submit to the above parties
a supplemental evaluation on the impact of those changes on its cost
and schedule for achieving full compliance.
SEC. 212. OVERSIGHT OF AMTRAK'S COMPLIANCE WITH ACCESSIBILITY
REQUIREMENTS.
Using the funds authorized by section 101(f) of this Act, the Federal
Railroad Administration shall monitor and conduct periodic reviews of
Amtrak's compliance with applicable sections of the Americans with
Disabilities Act of 1990 and the Rehabilitation Act of 1974 to ensure
that Amtrak's services and facilities are accessible to individuals
with disabilities to the extent required by law.
SEC. 213. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.
If a State desires to select or selects an entity other than Amtrak
to provide services required for the operation of an intercity
passenger train route described in section 24102(5)(D) or 24702 of
title 49, United States Code, the State may make an agreement with
Amtrak to use facilities and equipment of, or have services provided
by, Amtrak under terms agreed to by the State and Amtrak to enable the
State to utilize an entity other than Amtrak to provide services
required for operation of the route. If the parties cannot agree upon
terms, and the Surface Transportation Board finds that access to
Amtrak's facilities or equipment, or the provision of services by
Amtrak, is necessary to carry out this provision and that the operation
of Amtrak's other services will not be impaired thereby, the Surface
Transportation Board shall, within 120 days after submission of the
dispute, issue an order that the facilities and equipment be made
available, and that services be provided, by Amtrak, and shall
determine reasonable compensation, liability and other terms for use of
the facilities and equipment and provision of the services.
Compensation shall be determined in accordance with the methodology
established pursuant to section 206 of this Act.
SEC. 214. GENERAL AMTRAK PROVISIONS.
(a) Repeal of Self-Sufficiency Requirements.--
(1) Plan required.--Section 24101(d) is amended--
(A) by striking ``plan to operate within the funding
levels authorized by section 24104 of this chapter,
including budgetary goals for fiscal years 1998 through
2002.'' and inserting ``plan, consistent with section
204 of the Passenger Rail Investment and Improvement
Act of 2008, including the budgetary goals for fiscal
years 2009 through 2013.''; and
(B) by striking the last sentence and inserting
``Amtrak and its Board of Directors shall adopt a long-
term plan that minimizes the need for Federal operating
subsidies.''.
(2) Amtrak reform and accountability act amendments.--Title
II of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 nt) is amended by striking sections 204 and 205.
(b) Lease Arrangements.--Amtrak may obtain services from the
Administrator of General Services, and the Administrator may provide
services to Amtrak, under section 201(b) and 211(b) of the Federal
Property and Administrative Service Act of 1949 (40 U.S.C. 481(b) and
491(b)) for each of fiscal years 2009 through 2013.
(c) Travel Facilitation.--Using existing authority or agreements, or
upon reaching additional agreements with Canada, the Secretary of
Transportation and other Federal agencies, as appropriate, are
authorized to establish facilities and procedures to conduct
preclearance of passengers traveling on Amtrak trains from Canada to
the United States. The Secretary shall seek to establish such
facilities and procedures in areas determined appropriate by the
Secretary.
SEC. 215. AMTRAK MANAGEMENT ACCOUNTABILITY.
(a) In General.--Chapter 243 is amended by inserting after section
24309 the following:
``Sec. 24310. Management accountability
``(a) In General.--Three years after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008, and two years
thereafter, the Inspector General of the Department of Transportation
shall complete an overall assessment of the progress made by Amtrak
management and the Department of Transportation in implementing the
provisions of that Act.
``(b) Assessment.--The management assessment undertaken by the
Inspector General may include a review of--
``(1) effectiveness in improving annual financial planning;
``(2) effectiveness in implementing improved financial
accounting;
``(3) efforts to implement minimum train performance
standards;
``(4) progress maximizing revenues and minimizing Federal
subsidies and improving financial results; and
``(5) any other aspect of Amtrak operations the Inspector
General finds appropriate to review.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 is
amended by inserting after the item relating to section 24309 the
following:
``24310. Management accountability.''.
SEC. 216. PASSENGER RAIL STUDY.
(a) In General.--The Comptroller General of the General
Accountability Office shall conduct a study to determine the potential
cost and benefits of expanding passenger rail service options in
underserved communities.
(b) Submission.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit a report
containing the results of the study conducted under this section to--
(1) the Committee on Transportation and Infrastructure of the
House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation of
the Senate.
SEC. 217. CONGESTION GRANTS.
(a) Authority.--The Secretary of Transportation may make grants to
States, or to Amtrak in cooperation with States, for financing the
capital costs of facilities, infrastructure, and equipment for high
priority rail corridor projects necessary to reduce congestion or
facilitate ridership growth in intercity passenger rail transportation.
(b) Eligible Projects.--Projects eligible for grants under this
section include projects--
(1) identified by Amtrak as necessary to reduce congestion or
facilitate ridership growth in intercity passenger rail
transportation along heavily traveled rail corridors; and
(2) designated by the Secretary as being sufficiently
advanced in development to be capable of serving the purposes
described in subsection (a) on an expedited schedule.
(c) Compliance With Environmental Laws.--The Secretary shall not make
a grant under this section for a project without adequate assurances
that the project will be completed in full compliance with all
applicable Federal and State environmental laws and regulations.
(d) Federal Share.--The Federal share of the cost of a project
financed under this section shall not exceed 80 percent.
(e) Employee Protection.--The recipient of a grant under this section
shall agree to comply with the standards of section 24312 of title 49,
United States Code, as such section was in effect on September 1, 2003,
with respect to the project in the same manner that the National
Railroad Passenger Corporation is required to comply with those
standards for construction work financed under an agreement made under
section 24308(a) of such title.
SEC. 218. PLAN FOR RESTORATION OF SERVICE.
(a) In General.--Not later than 9 months after the date of enactment
of this Act, Amtrak shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a plan for
restoring passenger rail service between New Orleans, Louisiana, and
Sanford, Florida. The plan shall include a projected timeline for
restoring such service, the costs associated with restoring such
service, and any proposals for legislation necessary to support such
restoration of service. In developing the plan, Amtrak shall consult
with representatives from the States of Louisiana, Alabama,
Mississippi, and Florida, railroad carriers whose tracks may be used
for such service, rail passengers, rail labor, and other entities as
appropriate.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation to enable Amtrak to
conduct the study under this subsection $1,000,000.
SEC. 219. LOCOMOTIVE BIOFUEL STUDY.
(a) In General.--The Administrator of the Federal Railroad
Administration, in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, shall conduct a
study to determine the extent to which freight and passenger rail
operators could use biofuel blends to power its locomotive fleet and
other vehicles that operate on rail tracks.
(b) Definition.--For purposes of this section, the term ``biofuel''
means a fuel that utilizes renewable resources and is composed
substantially of a renewable resource blended with ethanol, methanol,
or other additive.
(c) Factors.--In conducting the study, the Federal Railroad
Administration shall consider--
(1) the energy intensity of various biofuel blends compared
to diesel fuel;
(2) the emission benefits of using various biofuel blends
compared to locomotive diesel fuel;
(3) the cost of purchasing biofuel blends;
(4) the public benefits derived from the use of such fuels;
and
(5) the effect of biofuel use on relevant locomotive and
other vehicle performance.
(d) Locomotive Testing.--As part of the study, the Federal Railroad
Administration shall test locomotive engine performance and emissions
using blends of biofuel and diesel fuel in order to recommend a premium
locomotive biofuel blend.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Federal Railroad Administration shall issue the results
of this study to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $1,000,000 to carry out
this section, to remain available until expended.
SEC. 220. STUDY OF THE USE OF BIOBASED LUBRICANTS.
Not later than 180 days after the date of enactment of this Act, the
Federal Railroad Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of a study of the feasibility of using
readily biodegradable lubricants by freight and passenger railroads.
The Federal Railroad Administration shall work with an agricultural-
based lubricant testing facility or facilities to complete this study.
The study shall include--
(1) an analysis of the potential use of soy-based grease and
soy-based hydraulic fluids to perform according to railroad
industry standards;
(2) an analysis of the potential use of other readily
biodegradable lubricants to perform according to railroad
industry standards;
(3) a comparison of the health and safety of petroleum-based
lubricants with biobased lubricants, which shall include an
analysis of fire safety; and
(4) a comparison of the environmental impact of petroleum-
based lubricants with biobased lubricants, which shall include
rate and effects of biodegradability.
SEC. 221. APPLICABILITY OF BUY AMERICAN ACT.
Section 24305(f) is amended to read as follows:
``(f) Applicability of Buy American Act.--Amtrak shall be subject to
the Buy American Act (41 U.S.C. 10a-d) and the regulations thereunder,
for purchases of $100,000 or more.''.
SEC. 222. INTERCITY PASSENGER RAIL SERVICE PERFORMANCE.
(a) Development of Evaluation Metrics.--Not later than 6 months after
the date of enactment of this Act, the Inspector General of the
Department of Transportation shall, using the financial and performance
metrics developed under section 207, develop metrics for the evaluation
of the performance and service quality of intercity passenger rail
services including cost recovery, on-time performance and minutes of
delay, ridership, onboard services, maintenance of facilities and
equipment, and other services.
(b) Identification of Worst Performing Routes.--On the basis of these
metrics, the Inspector General shall identify the five worst performing
Amtrak routes.
(c) Alternative Routes.--The Inspector General shall also establish
criteria for evaluating routes not currently served by Amtrak which
might be able to support passenger rail service at a reasonable cost.
(d) Report to Congress.--The Inspector General shall submit a report
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate recommending a process for the Department
of Transportation to consider proposals by Amtrak and others to serve
underperforming routes, and routes not currently served by Amtrak. The
proposals shall require that applicants follow grant requirements of
section 504. The Inspector General shall recommend one route not
currently served by Amtrak and two routes (from among the five worst
routes identified under subsection (b)) currently served by Amtrak, for
the Department of Transportation to consider under the selection
process.
(e) Implementation.--The Secretary shall not implement the selection
process recommended by the Inspector General under subsection (d) until
legislation has been enacted authorizing the Secretary to take such
action.
SEC. 223. AMTRAK INSPECTOR GENERAL UTILIZATION STUDY.
Not later than 9 months after the date of enactment of this Act, the
Amtrak Inspector General shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on Amtrak's utilization of its facilities, including the Beech
Grove Repair facility in Indiana. The report shall include an
examination of Amtrak's utilization of its existing facilities to
determine the extent Amtrak is maximizing the opportunities for each
facility, including any attempts to provide maintenance and repair to
other rail carriers. In developing this report, the Amtrak Inspector
General shall consult with other railroad carriers as it deems
appropriate.
SEC. 224. AMTRAK SERVICE PREFERENCE STUDY.
Not later than 6 months after the date of enactment of this Act, the
Surface Transportation Board shall transmit to the Congress a report
containing--
(1) the findings of a study of the effectiveness of the
implementation of section 24308(c) of title 49, United States
Code, in ensuring the preference of Amtrak service over freight
transportation service; and
(2) recommendations with respect to any regulatory or
legislative actions that would improve such effectiveness.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL SERVICE;
STATE RAIL PLANS.
(a) In General.--Part C of subtitle V is amended by inserting the
following after chapter 243:
``CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE
``Sec.
``24401. Definitions.
``24402. Capital investment grants to support intercity passenger rail
service.
``24403. Project management oversight.
``24404. Use of capital grants to finance first-dollar liability of
grant project.
``24405. Grant conditions.
``Sec. 24401. Definitions
``In this chapter:
``(1) Applicant.--The term `applicant' means a State
(including the District of Columbia), a group of States, an
Interstate Compact, or a public agency established by one or
more States and having responsibility for providing intercity
passenger rail service.
``(2) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under chapter
225 of this title for--
``(A) acquiring, constructing, improving, or
inspecting equipment, track and track structures, or a
facility for use in or for the primary benefit of
intercity passenger rail service, expenses incidental
to the acquisition or construction (including
designing, engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-way),
payments for the capital portions of rail trackage
rights agreements, highway-rail grade crossing
improvements related to intercity passenger rail
service, mitigating environmental impacts,
communication and signalization improvements,
relocation assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing;
``(B) rehabilitating, remanufacturing or overhauling
rail rolling stock and facilities used primarily in
intercity passenger rail service;
``(C) costs associated with developing State rail
plans; and
``(D) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail
service under section 24404.
``(3) Intercity passenger rail service.--The term `intercity
passenger rail service' means transportation services with the
primary purpose of passenger transportation between towns,
cities and metropolitan areas by rail, including high-speed
rail, as defined in section 24102 of this title.
``Sec. 24402. Capital investment grants to support intercity passenger
rail service
``(a) General Authority.--
``(1) The Secretary of Transportation may make grants under
this section to an applicant to assist in financing the capital
costs of facilities, infrastructure, and equipment necessary to
provide or improve intercity passenger rail transportation.
``(2) The Secretary shall require that a grant under this
section be subject to the terms, conditions, requirements, and
provisions the Secretary decides are necessary or appropriate
for the purposes of this section, including requirements for
the disposition of net increases in value of real property
resulting from the project assisted under this section and
shall prescribe procedures and schedules for the awarding of
grants under this title, including application and
qualification procedures and a record of decision on applicant
eligibility. The Secretary shall issue a final rule
establishing such procedures not later than 90 days after the
date of enactment of the Passenger Rail Investment and
Improvement Act of 2008.
``(b) Project as Part of State Rail Plan.--
``(1) The Secretary may not approve a grant for a project
under this section unless the Secretary finds that the project
is part of a State rail plan developed under chapter 225 of
this title, or under the plan required by section 302 of the
Passenger Rail Investment and Improvement Act of 2008, and that
the applicant or recipient has or will have the legal,
financial, and technical capacity to carry out the project,
satisfactory continuing control over the use of the equipment
or facilities, and the capability and willingness to maintain
the equipment or facilities.
``(2) An applicant shall provide sufficient information upon
which the Secretary can make the findings required by this
subsection.
``(3) If an applicant has not selected the proposed operator
of its service competitively, the applicant shall provide
written justification to the Secretary showing why the proposed
operator is the best, taking into account price and other
factors, and that use of the proposed operator will not
unnecessarily increase the cost of the project.
``(c) Project Selection Criteria.--The Secretary, in selecting the
recipients of financial assistance to be provided under subsection (a),
shall--
``(1) require that each proposed project meet all safety
requirements that are applicable to the project under law;
``(2) give preference to projects with high levels of
estimated ridership, increased on-time performance, reduced
trip time, additional service frequency to meet anticipated or
existing demand, or other significant service enhancements as
measured against minimum standards developed under section 207
of the Passenger Rail Investment and Improvement Act of 2008;
``(3) encourage intermodal connectivity through projects that
provide direct connections between train stations, airports,
bus terminals, subway stations, ferry ports, and other modes of
transportation;
``(4) ensure that each project is compatible with, and is
operated in conformance with--
``(A) plans developed pursuant to the requirements of
section 135 of title 23, United States Code; and
``(B) the national rail plan (if it is available);
and
``(5) favor the following kinds of projects:
``(A) Projects that are expected to have a
significant favorable impact on air or highway traffic
congestion, capacity, or safety.
``(B) Projects that improve freight or commuter rail
operations.
``(C) Projects that have significant environmental
benefits, including projects that involve the purchase
of environmentally sensitive, fuel-efficient, and cost-
effective passenger rail equipment.
``(D) Projects that are--
``(i) at a stage of preparation that all pre-
commencement compliance with environmental
protection requirements has already been
completed; and
``(ii) ready to be commenced.
``(E) Projects with positive economic and employment
impacts.
``(F) Projects that encourage the use of positive
train control technologies.
``(G) Projects that have commitments of funding from
non-Federal Government sources in a total amount that
exceeds the minimum amount of the non-Federal
contribution required for the project.
``(H) Projects that involve donated property
interests or services.
``(I) Projects that are identified by the Surface
Transportation Board as necessary to improve the on
time performance and reliability of intercity passenger
rail under section 24308(f).
``(J) Projects described in section 5302(a)(1)(G) of
this title that are designed to support intercity
passenger rail service.
``(K) Projects that encourage intermodal
connectivity, create significant opportunity for State
and private contributions toward station development,
are energy and environmentally efficient, and have
economic benefits.
``(d) Amtrak Eligibility.--To receive a grant under this section, the
National Railroad Passenger Corporation may enter into a cooperative
agreement with 1 or more States to carry out 1 or more projects on a
State rail plan's ranked list of rail capital projects developed under
section 22504(a)(5) of this title.
``(e) Letters of Intent, Full Funding Grant Agreements, and Early
Systems Work Agreements.--
``(1)(A) The Secretary may issue a letter of intent to an
applicant announcing an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project.
``(B) At least 30 days before issuing a letter under
subparagraph (A) of this paragraph or entering into a full
funding grant agreement, the Secretary shall notify in writing
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate and the House and Senate
Committees on Appropriations of the proposed letter or
agreement. The Secretary shall include with the notification a
copy of the proposed letter or agreement as well as the
evaluations and ratings for the project.
``(C) An obligation or administrative commitment may be made
only when amounts are appropriated.
``(2)(A) The Secretary may make a full funding grant
agreement with an applicant. The agreement shall--
``(i) establish the terms of participation by the
United States Government in a project under this
section;
``(ii) establish the maximum amount of Government
financial assistance for the project;
``(iii) cover the period of time for completing the
project, including a period extending beyond the period
of an authorization; and
``(iv) make timely and efficient management of the
project easier according to the law of the United
States.
``(B) An agreement under this paragraph obligates an amount
of available budget authority specified in law and may include
a commitment, contingent on amounts to be specified in law in
advance for commitments under this paragraph, to obligate an
additional amount from future available budget authority
specified in law. The agreement shall state that the contingent
commitment is not an obligation of the Government and is
subject to the availability of appropriations made by Federal
law and to Federal laws in force on or enacted after the date
of the contingent commitment. Interest and other financing
costs of efficiently carrying out a part of the project within
a reasonable time are a cost of carrying out the project under
a full funding grant agreement, except that eligible costs may
not be more than the cost of the most favorable financing terms
reasonably available for the project at the time of borrowing.
The applicant shall certify, in a way satisfactory to the
Secretary, that the applicant has shown reasonable diligence in
seeking the most favorable financing terms.
``(3)(A) The Secretary may make an early systems work
agreement with an applicant if a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been issued on the project and the Secretary finds
there is reason to believe--
``(i) a full funding grant agreement for the project
will be made; and
``(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and at
less cost.
``(B) A work agreement under this paragraph obligates an
amount of available budget authority specified in law and shall
provide for reimbursement of preliminary costs of carrying out
the project, including land acquisition, timely procurement of
system elements for which specifications are decided, and other
activities the Secretary decides are appropriate to make
efficient, long-term project management easier. A work
agreement shall cover the period of time the Secretary
considers appropriate. The period may extend beyond the period
of current authorization. Interest and other financing costs of
efficiently carrying out the work agreement within a reasonable
time are a cost of carrying out the agreement, except that
eligible costs may not be more than the cost of the most
favorable financing terms reasonably available for the project
at the time of borrowing. The applicant shall certify, in a way
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financing
terms. If an applicant does not carry out the project for
reasons within the control of the applicant, the applicant
shall repay all Government payments made under the work
agreement plus reasonable interest and penalty charges the
Secretary establishes in the agreement.
``(4) The total estimated amount of future obligations of the
Government and contingent commitments to incur obligations
covered by all outstanding letters of intent, full funding
grant agreements, and early systems work agreements may be not
more than the amount authorized under section 101(d) of the
Passenger Rail Investment and Improvement Act of 2008, less an
amount the Secretary reasonably estimates is necessary for
grants under this section not covered by a letter. The total
amount covered by new letters and contingent commitments
included in full funding grant agreements and early systems
work agreements may be not more than a limitation specified in
law.
``(f) Federal Share of Net Project Cost.--
``(1)(A) Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment
or facilities, the Secretary shall estimate the net project
cost.
``(B) A grant for the project shall not exceed 80 percent of
the project net capital cost.
``(C) The Secretary shall give priority in allocating future
obligations and contingent commitments to incur obligations to
grant requests seeking a lower Federal share of the project net
capital cost.
``(2) Up to an additional 20 percent of the required non-
Federal funds may be funded from amounts appropriated to or
made available to a department or agency of the Federal
Government that are eligible to be expended for transportation.
``(3) 50 percent of the average amounts expended by a State
or group of States (including the District of Columbia) for
capital projects to benefit intercity passenger rail service
and operating costs in fiscal years 2002, 2003, 2004, 2005,
2006, 2007, and 2008 shall be credited towards the matching
requirements for grants awarded in fiscal years 2009, 2010, and
2011 under this section. The Secretary may require such
information as necessary to verify such expenditures.
``(4) 50 percent of the average amounts expended by a State
or group of States (including the District of Columbia) in a
fiscal year, beginning in fiscal year 2007, for capital
projects to benefit intercity passenger rail service or for the
operating costs of such service above the average capital and
operating expenditures made for such service in fiscal years
2004, 2005, 2006, 2007, and 2008 shall be credited towards the
matching requirements for grants awarded under this section.
The Secretary may require such information as necessary to
verify such expenditures.
``(g) Undertaking Projects in Advance.--
``(1) The Secretary may pay the Federal share of the net
capital project cost to an applicant that carries out any part
of a project described in this section according to all
applicable procedures and requirements if--
``(A) the applicant applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out the part of the project,
the Secretary approves the plans and specifications for
the part in the same way as other projects under this
section.
``(2) The cost of carrying out part of a project includes the
amount of interest earned and payable on bonds issued by the
applicant to the extent proceeds of the bonds are expended in
carrying out the part. However, the amount of interest under
this paragraph may not be more than the most favorable interest
terms reasonably available for the project at the time of
borrowing. The applicant shall certify, in a manner
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financial
terms.
``(3) The Secretary shall consider changes in capital project
cost indices when determining the estimated cost under
paragraph (2) of this subsection.
``(h) 2-Year Availability.--Funds appropriated under this section
shall remain available until expended. If any amount provided as a
grant under this section is not obligated or expended for the purposes
described in subsection (a) within 2 years after the date on which the
State received the grant, such sums shall be returned to the Secretary
for other intercity passenger rail development projects under this
section at the discretion of the Secretary.
``(i) Special Transportation Circumstances.--In carrying out this
section, the Secretary shall allocate an appropriate portion of the
amounts available under this section to provide grants to States--
``(1) in which there is no intercity passenger rail service
for the purpose of funding freight rail capital projects that
are on a State rail plan developed under chapter 225 of this
title that provide public benefits (as defined in chapter 225)
as determined by the Secretary; or
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental United
States or may not otherwise qualify for a grant under this
section due to the unique characteristics of the geography of
that State or other relevant considerations, for the purpose of
funding transportation-related capital projects.
``(j) Small Capital Projects.--The Secretary shall make available
$10,000,000 annually from the amounts authorized under section 101(d)
of the Passenger Rail Investment and Improvement Act of 2008 beginning
in fiscal year 2009 for grants for capital projects eligible under this
section not exceeding $2,000,000, including costs eligible under
section 206(c) of that Act. The Secretary may wave requirements of this
section, including state rail plan requirements, as appropriate.
``Sec. 24403. Project management oversight
``(a) Project Management Plan Requirements.--To receive Federal
financial assistance for a major capital project under this chapter, an
applicant must prepare and carry out a project management plan approved
by the Secretary of Transportation. The plan shall provide for--
``(1) adequate recipient staff organization with well-defined
reporting relationships, statements of functional
responsibilities, job descriptions, and job qualifications;
``(2) a budget covering the project management organization,
appropriate consultants, property acquisition, utility
relocation, systems demonstration staff, audits, and
miscellaneous payments the recipient may be prepared to
justify;
``(3) a construction schedule for the project;
``(4) a document control procedure and recordkeeping system;
``(5) a change order procedure that includes a documented,
systematic approach to handling the construction change orders;
``(6) organizational structures, management skills, and
staffing levels required throughout the construction phase;
``(7) quality control and quality assurance functions,
procedures, and responsibilities for construction, system
installation, and integration of system components;
``(8) material testing policies and procedures;
``(9) internal plan implementation and reporting
requirements;
``(10) criteria and procedures to be used for testing the
operational system or its major components;
``(11) periodic updates of the plan, especially related to
project budget and project schedule, financing, and ridership
estimates; and
``(12) the recipient's commitment to submit a project budget
and project schedule to the Secretary each month.
``(b) Secretarial Oversight.--
``(1) The Secretary may use no more than 0.5 percent of
amounts made available in a fiscal year for capital projects
under this chapter to enter into contracts to oversee the
construction of such projects.
``(2) The Secretary may use amounts available under paragraph
(1) of this subsection to make contracts for safety,
procurement, management, and financial compliance reviews and
audits of a recipient of amounts under paragraph (1).
``(3) The Federal Government shall pay the entire cost of
carrying out a contract under this subsection.
``(c) Access to Sites and Records.--Each recipient of assistance
under this chapter shall provide the Secretary and a contractor the
Secretary chooses under subsection (c) of this section with access to
the construction sites and records of the recipient when reasonably
necessary.
``Sec. 24404. Use of capital grants to finance first-dollar liability
of grant project
``Notwithstanding the requirements of section 24402 of this chapter,
the Secretary of Transportation may approve the use of capital
assistance under this chapter to fund self-insured retention of risk
for the first tier of liability insurance coverage for rail passenger
service associated with the capital assistance grant, but the coverage
may not exceed $20,000,000 per occurrence or $20,000,000 in aggregate
per year.
``Sec. 24405. Grant conditions
``(a) Domestic Buying Preference.--
``(1) Requirement.--
``(A) In general.--In carrying out a project funded
in whole or in part with a grant under this title, the
grant recipient shall purchase only--
``(i) unmanufactured articles, material, and
supplies mined or produced in the United
States; or
``(ii) manufactured articles, material, and
supplies manufactured in the United States
substantially from articles, material, and
supplies mined, produced, or manufactured in
the United States.
``(B) De minimis amount.--Subparagraph (A) applies
only to a purchase in an total amount that is not less
than $1,000,000.
``(2) Exemptions.--On application of a recipient, the
Secretary may exempt a recipient from the requirements of this
subsection if the Secretary decides that, for particular
articles, material, or supplies--
``(A) such requirements are inconsistent with the
public interest;
``(B) the cost of imposing the requirements is
unreasonable; or
``(C) the articles, material, or supplies, or the
articles, material, or supplies from which they are
manufactured, are not mined, produced, or manufactured
in the United States in sufficient and reasonably
available commercial quantities and are not of a
satisfactory quality.
``(3) United states defined.--In this subsection, the term
`the United States' means the States, territories, and
possessions of the United States and the District of Columbia.
``(b) Operators Deemed Rail Carriers and Employers for Certain
Purposes.--A person that conducts rail operations over rail
infrastructure constructed or improved with funding provided in whole
or in part in a grant made under this title shall be considered a rail
carrier as defined in section 10102(5) of this title for purposes of
this title and any other statute that adopts that definition or in
which that definition applies, including--
``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.);
``(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
``(3) the Railroad Unemployment Insurance Act (45 U.S.C. 351
et seq.).
``(c) Grant Conditions.--The Secretary shall require as a condition
of making any grant under this title for a project that uses rights-of-
way owned by a railroad that--
``(1) a written agreement exist between the applicant and the
railroad regarding such use and ownership, including--
``(A) any compensation for such use;
``(B) assurances regarding the adequacy of
infrastructure capacity to accommodate both existing
and future freight and passenger operations;
``(C) an assurance by the railroad that collective
bargaining agreements with the railroad's employees
(including terms regulating the contracting of work)
will remain in full force and effect according to their
terms for work performed by the railroad on the
railroad transportation corridor; and
``(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of
this title; and
``(2) the applicant agrees to comply with--
``(A) the standards of section 24312 of this title,
as such section was in effect on September 1, 2003,
with respect to the project in the same manner that the
National Railroad Passenger Corporation is required to
comply with those standards for construction work
financed under an agreement made under section 24308(a)
of this title; and
``(B) the protective arrangements established under
section 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 836) with
respect to employees affected by actions taken in
connection with the project to be financed in whole or
in part by grants under this chapter.
``(d) Replacement of Existing Intercity Passenger Rail Service.--
``(1) Collective bargaining agreement for intercity passenger
rail projects.--Any entity providing intercity passenger
railroad transportation that begins operations after the date
of enactment of this Act on a project funded in whole or in
part by grants made under this title and replaces intercity
rail passenger service that was provided by Amtrak, unless such
service was provided solely by Amtrak to another entity, as of
such date shall enter into an agreement with the authorized
bargaining agent or agents for adversely affected employees of
the predecessor provider that--
``(A) gives each such qualified employee of the
predecessor provider priority in hiring according to
the employee's seniority on the predecessor provider
for each position with the replacing entity that is in
the employee's craft or class and is available within 3
years after the termination of the service being
replaced;
``(B) establishes a procedure for notifying such an
employee of such positions;
``(C) establishes a procedure for such an employee to
apply for such positions; and
``(D) establishes rates of pay, rules, and working
conditions.
``(2) Immediate replacement service.--
``(A) Negotiations.--If the replacement of
preexisting intercity rail passenger service occurs
concurrent with or within a reasonable time before the
commencement of the replacing entity's rail passenger
service, the replacing entity shall give written notice
of its plan to replace existing rail passenger service
to the authorized collective bargaining agent or agents
for the potentially adversely affected employees of the
predecessor provider at least 90 days before the date
on which it plans to commence service. Within 5 days
after the date of receipt of such written notice,
negotiations between the replacing entity and the
collective bargaining agent or agents for the employees
of the predecessor provider shall commence for the
purpose of reaching agreement with respect to all
matters set forth in subparagraphs (A) through (D) of
paragraph (1). The negotiations shall continue for 30
days or until an agreement is reached, whichever is
sooner. If at the end of 30 days the parties have not
entered into an agreement with respect to all such
matters, the unresolved issues shall be submitted for
arbitration in accordance with the procedure set forth
in subparagraph (B).
``(B) Arbitration.--If an agreement has not been
entered into with respect to all matters set forth in
subparagraphs (A) through (D) of paragraph (1) as
described in subparagraph (A) of this paragraph, the
parties shall select an arbitrator. If the parties are
unable to agree upon the selection of such arbitrator
within 5 days, either or both parties shall notify the
National Mediation Board, which shall provide a list of
seven arbitrators with experience in arbitrating rail
labor protection disputes. Within 5 days after such
notification, the parties shall alternately strike
names from the list until only 1 name remains, and that
person shall serve as the neutral arbitrator. Within 45
days after selection of the arbitrator, the arbitrator
shall conduct a hearing on the dispute and shall render
a decision with respect to the unresolved issues among
the matters set forth in subparagraphs (A) through (D)
of paragraph (1). This decision shall be final,
binding, and conclusive upon the parties. The salary
and expenses of the arbitrator shall be borne equally
by the parties; all other expenses shall be paid by the
party incurring them.
``(3) Service commencement.--A replacing entity under this
subsection shall commence service only after an agreement is
entered into with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1) or the decision
of the arbitrator has been rendered.
``(4) Subsequent replacement of service.--If the replacement
of existing rail passenger service takes place within 3 years
after the replacing entity commences intercity passenger rail
service, the replacing entity and the collective bargaining
agent or agents for the adversely affected employees of the
predecessor provider shall enter into an agreement with respect
to the matters set forth in subparagraphs (A) through (D) of
paragraph (1). If the parties have not entered into an
agreement with respect to all such matters within 60 days after
the date on which the replacing entity replaces the predecessor
provider, the parties shall select an arbitrator using the
procedures set forth in paragraph (2)(B), who shall, within 20
days after the commencement of the arbitration, conduct a
hearing and decide all unresolved issues. This decision shall
be final, binding, and conclusive upon the parties.
``(e) Inapplicability to Certain Rail Operations.--Nothing in this
section applies to--
``(1) commuter rail passenger transportation (as defined in
section 24102(4) of this title) operations of a State or local
government authority (as those terms are defined in section
5302(11) and (6), respectively, of this title) eligible to
receive financial assistance under section 5307 of this title,
or to its contractor performing services in connection with
commuter rail passenger operations (as so defined);
``(2) the Alaska Railroad or its contractors; or
``(3) the National Railroad Passenger Corporation's access
rights to railroad rights of way and facilities under current
law.''.
(b) Conforming Amendment.--The chapter analysis for subtitle V is
amended by inserting the following after the item relating to chapter
243:
``244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL 24401''.
ASSISTANCE.
SEC. 302. STATE RAIL PLANS.
(a) In General.--Part B of subtitle V is amended by adding at the end
the following:
``CHAPTER 225--STATE RAIL PLANS AND HIGH PRIORITY PROJECTS
``Sec.
``22501. Definitions.
``22502. Authority.
``22503. Purposes.
``22504. Transparency; coordination; review.
``22505. Content.
``22506. Review.
``Sec. 22501. Definitions
``In this chapter:
``(1) Private benefit.--
``(A) In general.--The term `private benefit'--
``(i) means a benefit accrued to a person or
private entity, other than the National
Railroad Passenger Corporation, that directly
improves the economic and competitive condition
of that person or entity through improved
assets, cost reductions, service improvements,
or any other means as defined by the Secretary;
and
``(ii) shall be determined on a project-by-
project basis, based upon an agreement between
the parties.
``(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in further
defining this term.
``(2) Public benefit.--
``(A) In general.--The term `public benefit'--
``(i) means a benefit accrued to the public
in the form of enhanced mobility of people or
goods, environmental protection or enhancement,
congestion mitigation, enhanced trade and
economic development, improved air quality or
land use, more efficient energy use, enhanced
public safety, reduction of public expenditures
due to improved transportation efficiency or
infrastructure preservation, and any other
positive community effects as defined by the
Secretary; and
``(ii) shall be determined on a project-by-
project basis, based upon an agreement between
the parties.
``(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in further
defining this term.
``(3) State.--The term `State' means any of the 50 States and
the District of Columbia.
``(4) State rail transportation authority.--The term `State
rail transportation authority' means the State agency or
official responsible under the direction of the Governor of the
State or a State law for preparation, maintenance,
coordination, and administration of the State rail plan.
``Sec. 22502. Authority
``(a) In General.--Each State may prepare and maintain a State rail
plan in accordance with the provisions of this chapter.
``(b) Requirements.--For the preparation and periodic revision of a
State rail plan, a State shall--
``(1) establish or designate a State rail transportation
authority to prepare, maintain, coordinate, and administer the
plan;
``(2) establish or designate a State rail plan approval
authority to approve the plan;
``(3) submit the State's approved plan to the Secretary of
Transportation for review; and
``(4) revise and resubmit a State-approved plan no less
frequently than once every 5 years for reapproval by the
Secretary.
``Sec. 22503. Purposes
``(a) Purposes.--The purposes of a State rail plan are as follows:
``(1) To set forth State policy involving freight and
passenger rail transportation, including commuter rail
operations, in the State.
``(2) To establish the period covered by the State rail plan.
``(3) To present priorities and strategies to enhance rail
service in the State that benefits the public.
``(4) To serve as the basis for Federal and State rail
investments within the State.
``(b) Coordination.--A State rail plan shall be coordinated with
other State transportation planning goals and programs and set forth
rail transportation's role within the State transportation system.
``Sec. 22504. Transparency; coordination; review
``(a) Preparation.--A State shall provide adequate and reasonable
notice and opportunity for comment and other input to the public, rail
carriers, commuter and transit authorities operating in, or affected by
rail operations within the State, units of local government, and other
interested parties in the preparation and review of its State rail
plan.
``(b) Intergovernmental Coordination.--A State shall review the
freight and passenger rail service activities and initiatives by
regional planning agencies, regional transportation authorities, and
municipalities within the State, or in the region in which the State is
located, while preparing the plan, and shall include any
recommendations made by such agencies, authorities, and municipalities
as deemed appropriate by the State.
``Sec. 22505. Content
``(a) In General.--Each State rail plan shall contain the following:
``(1) An inventory of the existing overall rail
transportation system and rail services and facilities within
the State and an analysis of the role of rail transportation
within the State's surface transportation system.
``(2) A review of all rail lines within the State, including
proposed high-speed rail corridors and significant rail line
segments not currently in service.
``(3) A statement of the State's passenger rail service
objectives, including minimum service levels, for rail
transportation routes in the State.
``(4) A general analysis of rail's transportation, economic,
and environmental impacts in the State, including congestion
mitigation, trade and economic development, air quality, land-
use, energy-use, and community impacts.
``(5) A long-range rail investment program for current and
future freight and passenger infrastructure in the State that
meets the requirements of subsection (b).
``(6) A statement of public financing issues for rail
projects and service in the State, including a list of current
and prospective public capital and operating funding resources,
public subsidies, State taxation, and other financial policies
relating to rail infrastructure development.
``(7) An identification of rail infrastructure issues within
the State that reflects consultation with all relevant stake
holders.
``(8) A review of major passenger and freight intermodal rail
connections and facilities within the State, including
seaports, and prioritized options to maximize service
integration and efficiency between rail and other modes of
transportation within the State.
``(9) A review of publicly funded projects within the State
to improve rail transportation safety, including all major
projects funded under section 130 of title 23.
``(10) A performance evaluation of passenger rail services
operating in the State, including possible improvements in
those services, and a description of strategies to achieve
those improvements.
``(11) A compilation of studies and reports on high-speed
rail corridor development within the State not included in a
previous plan under this chapter, and a plan for funding any
recommended development of such corridors in the State.
``(12) A statement that the State is in compliance with the
requirements of section 22102.
``(b) Long-Range Service and Investment Program.--
``(1) Program content.--A long-range rail investment program
included in a State rail plan under subsection (a)(5) shall
include the following matters:
``(A) A list of any rail capital projects expected to
be undertaken or supported in whole or in part by the
State.
``(B) A detailed funding plan for those projects.
``(2) Project list content.--The list of rail capital
projects shall contain--
``(A) a description of the anticipated public and
private benefits of each such project; and
``(B) a statement of the correlation between--
``(i) public funding contributions for the
projects; and
``(ii) the public benefits.
``(3) Considerations for project list.--In preparing the list
of freight and intercity passenger rail capital projects, a
State rail transportation authority should take into
consideration the following matters:
``(A) Contributions made by non-Federal and non-State
sources through user fees, matching funds, or other
private capital involvement.
``(B) Rail capacity and congestion effects.
``(C) Effects on highway, aviation, and maritime
capacity, congestion, or safety.
``(D) Regional balance.
``(E) Environmental impact.
``(F) Economic and employment impacts.
``(G) Projected ridership and other service measures
for passenger rail projects.
``Sec. 22506. Review
``The Secretary shall prescribe procedures for States to submit State
rail plans for review under this title, including standardized format
and data requirements. State rail plans completed before the date of
enactment of the Passenger Rail Investment and Improvement Act of 2008
that substantially meet the requirements of this chapter, as determined
by the Secretary, shall be deemed by the Secretary to have met the
requirements of this chapter.''.
(b) Conforming Amendment.--The chapter analysis for subtitle V is
amended by inserting the following after the item relating to chapter
223:
``225. STATE RAIL PLANS AND HIGH PRIORITY PROJECTS.......... 22501''.
SEC. 303. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL.
(a) In General.--Within 180 days after the date of enactment of this
Act, Amtrak shall establish a Next Generation Corridor Equipment Pool
Committee, comprised of representatives of Amtrak, the Federal Railroad
Administration, host freight railroad companies, passenger railroad
equipment manufacturers, and other passenger railroad operators as
appropriate and interested States. The purpose of the Committee shall
be to design, develop specifications for, and procure standardized
next-generation corridor equipment.
(b) Functions.--The Committee may--
(1) determine the number of different types of equipment
required, taking into account variations in operational needs
and corridor infrastructure;
(2) establish a pool of equipment to be used on corridor
routes funded by participating States; and
(3) subject to agreements between Amtrak and States, utilize
services provided by Amtrak to design, maintain and
remanufacture equipment.
(c) Cooperative Agreements.--Amtrak and States participating in the
Committee may enter into agreements for the funding, procurement,
remanufacture, ownership and management of corridor equipment,
including equipment currently owned or leased by Amtrak and next-
generation corridor equipment acquired as a result of the Committee's
actions, and may establish a corporation, which may be owned or jointly
owned by Amtrak, participating States or other entities, to perform
these functions.
(d) Funding.--In addition to the authorization provided in section
103(2) of this Act, capital projects to carry out the purposes of this
section shall be eligible for grants made pursuant to chapter 244 of
title 49, United States Code.
SEC. 304. RAIL COOPERATIVE RESEARCH PROGRAM.
(a) Establishment and Content.--Chapter 249 is amended by adding at
the end the following:
``Sec. 24910. Rail cooperative research program
``(a) In General.--The Secretary shall establish and carry out a rail
cooperative research program. The program shall--
``(1) address, among other matters, intercity rail passenger
and freight rail services, including existing rail passenger
and freight technologies and speeds, incrementally enhanced
rail systems and infrastructure, and new high-speed wheel-on-
rail systems;
``(2) address ways to expand the transportation of
international trade traffic by rail, enhance the efficiency of
intermodal interchange at ports and other intermodal terminals,
and increase capacity and availability of rail service for
seasonal freight needs;
``(3) consider research on the interconnectedness of commuter
rail, passenger rail, freight rail, and other rail networks;
and
``(4) give consideration to regional concerns regarding rail
passenger and freight transportation, including meeting
research needs common to designated high-speed corridors, long-
distance rail services, and regional intercity rail corridors,
projects, and entities.
``(b) Content.--The program to be carried out under this section
shall include research designed--
``(1) to identify the unique aspects and attributes of rail
passenger and freight service;
``(2) to develop more accurate models for evaluating the
impact of rail passenger and freight service, including the
effects on highway and airport and airway congestion,
environmental quality, and energy consumption;
``(3) to develop a better understanding of modal choice as it
affects rail passenger and freight transportation, including
development of better models to predict utilization;
``(4) to recommend priorities for technology demonstration
and development;
``(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including any
recommendations made by the National Research Council;
``(6) to explore improvements in management, financing, and
institutional structures;
``(7) to address rail capacity constraints that affect
passenger and freight rail service through a wide variety of
options, ranging from operating improvements to dedicated new
infrastructure, taking into account the impact of such options
on operations;
``(8) to improve maintenance, operations, customer service,
or other aspects of intercity rail passenger and freight
service;
``(9) to recommend objective methodologies for determining
intercity passenger rail routes and services, including the
establishment of new routes, the elimination of existing
routes, and the contraction or expansion of services or
frequencies over such routes;
``(10) to review the impact of equipment and operational
safety standards on the further development of high-speed
passenger rail operations connected to or integrated with non-
high-speed freight or passenger rail operations;
``(11) to recommend any legislative or regulatory changes
necessary to foster further development and implementation of
high-speed passenger rail operations while ensuring the safety
of such operations that are connected to or integrated with
non-high-speed freight or passenger rail operations; and
``(12) to review rail crossing safety improvements, including
improvements using new safety 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.''.
(b) Clerical Amendment.--The chapter analysis for chapter 249 is
amended by adding at the end the following:
``24910. Rail cooperative research program.''.
SEC. 305. PASSENGER RAIL SYSTEM COMPARISON STUDY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete a study that compares the passenger rail system in the
United States with the passenger rail systems in Canada, Germany, Great
Britain, France, China, Spain, and Japan.
(b) Issues To Be Studied.--The study conducted under subsection (a)
shall include a country-by-country comparison of--
(1) the development of high-speed rail;
(2) passenger rail operating costs;
(3) the amount and payment source of rail line construction
and maintenance costs;
(4) the amount and payment source of station construction and
maintenance costs;
(5) passenger rail debt service costs;
(6) passenger rail labor agreements and associated costs;
(7) the net profit realized by the major passenger rail
service providers in each of the 4 most recent quarters;
(8) the percentage of the passenger rail system's costs that
are paid from general government revenues; and
(9) the method used by the government to provide the
subsidies described in paragraph (8).
(c) Report.--Not later than 180 days after the completion of the
study under subsection (a), the Comptroller General shall submit a
report containing the findings of such study to--
(1) the Committee on Transportation and Infrastructure of the
House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation of
the Senate.
TITLE IV--COMMUTER RAIL TRANSIT ENHANCEMENT
SEC. 401. COMMUTER RAIL TRANSIT ENHANCEMENT.
(a) Amendment.--Part E of subtitle V is amended by adding at the end
the following:
``CHAPTER 285--COMMUTER RAIL TRANSIT ENHANCEMENT
``Sec.
``28501. Definitions
``28502. Surface Transportation Board mediation of trackage use
requests.
``28503. Surface Transportation Board mediation of rights-of-way use
requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.
``Sec. 28501. Definitions
``In this chapter--
``(1) the term `Board' means the Surface Transportation
Board;
``(2) the term `capital work' means maintenance, restoration,
reconstruction, capacity enhancement, or rehabilitation work on
trackage that would be treated, in accordance with generally
accepted accounting principles, as a capital item rather than
an expense;
``(3) the term `fixed guideway transportation' means public
transportation (as defined in section 5302(a)(10)) provided on,
by, or using a fixed guideway (as defined in section
5302(a)(4));
``(4) the term `public transportation authority' means a
local governmental authority (as defined in section 5302(a)(6))
established to provide, or make a contract providing for, fixed
guideway transportation;
``(5) the term `rail carrier' means a person, other than a
governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction of
the Board under chapter 105;
``(6) the term `segregated fixed guideway facility' means a
fixed guideway facility constructed within the railroad right-
of-way of a rail carrier but physically separate from trackage,
including relocated trackage, within the right-of-way used by a
rail carrier for freight transportation purposes; and
``(7) the term `trackage' means a railroad line of a rail
carrier, including a spur, industrial, team, switching, side,
yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Surface Transportation Board mediation of trackage use
requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
use trackage of, and have related services provided by, the rail
carrier for purposes of fixed guideway transportation, the public
transportation authority or the rail carrier may apply to the Board for
nonbinding mediation. The Board shall conduct the nonbinding mediation
in accordance with the mediation process of section 1109.4 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this section.
``Sec. 28503. Surface Transportation Board mediation of rights-of-way
use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
acquire an interest in a railroad right-of-way for the construction and
operation of a segregated fixed guideway facility, the public
transportation authority or the rail carrier may apply to the Board for
nonbinding mediation. The Board shall conduct the nonbinding mediation
in accordance with the mediation process of section 1109.4 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this section.
``Sec. 28504. Applicability of other laws
``Nothing in this chapter shall be construed to limit a rail
transportation provider's right under section 28103(b) to enter into
contracts that allocate financial responsibility for claims.
``Sec. 28505. Rules and regulations
``Not later than 180 days after the date of enactment of this
section, the Board shall issue such rules and regulations as may be
necessary to carry out this chapter.''.
(b) Clerical Amendment.--The table of chapters of such subtitle is
amended by adding after the item relating to chapter 283 the following:
``285. COMMUTER RAIL TRANSIT ENHANCEMENT.................... 28501''.
TITLE V--HIGH-SPEED RAIL
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM.
(a) In General.--Chapter 261 is amended by adding at the end thereof
the following:
``Sec. 26106. High-speed rail corridor program
``(a) In General.--The Secretary of Transportation shall establish
and implement a high-speed rail corridor program.
``(b) Definitions.--In this section, the following definitions apply:
``(1) Applicant.--The term `applicant' means a State, a group
of States, an Interstate Compact, a public agency established
by one or more States and having responsibility for providing
high-speed rail service, or Amtrak.
``(2) Corridor.--The term `corridor' means a corridor
designated by the Secretary pursuant to section 104(d)(2) of
title 23.
``(3) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under chapter
225 of this title for acquiring, constructing, improving, or
inspecting equipment, track, and track structures, or a
facility of use in or for the primary benefit of high-speed
rail service, expenses incidental to the acquisition or
construction (including designing, engineering, location
surveying, mapping, environmental studies, and acquiring
rights-of-way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade crossing
improvements related to high-speed rail service, mitigating
environmental impacts, communication and signalization
improvements, relocation assistance, acquiring replacement
housing sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing.
``(4) High-speed rail.--The term `high-speed rail' means
intercity passenger rail service that is reasonably expected to
reach speeds of at least 110 miles per hour.
``(5) Intercity passenger rail service.--The term `intercity
passenger rail service' means transportation services with the
primary purpose of passenger transportation between towns,
cities, and metropolitan areas by rail, including high-speed
rail, as defined in section 24102 of this title.
``(6) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(7) State.--The term `State' means any of the 50 States or
the District of Columbia.
``(c) General Authority.--The Secretary may make grants under this
section to an applicant to finance capital projects in high-speed rail
corridors.
``(d) Applications.--Each applicant seeking to receive a grant under
this section to develop a high-speed rail corridor shall submit to the
Secretary an application in such form and in accordance with such
requirements as the Secretary shall establish.
``(e) Competitive Grant Selection and Criteria for Grants.--
``(1) In general.--The Secretary shall--
``(A) establish criteria for selecting among projects
that meet the criteria specified in paragraph (2);
``(B) conduct a national solicitation for
applications; and
``(C) award grants on a competitive basis.
``(2) Grant criteria.--The Secretary may approve a grant
under this section for a project only if the Secretary
determines that the project--
``(A) is part of a State rail plan developed under
chapter 225 of this title, or under the plan required
by section 302 of the Passenger Rail Investment and
Improvement Act of 2008;
``(B) is based on the results of preliminary
engineering;
``(C) has the legal, financial , and technical
capacity to carry out the project; and
``(D) is justified based on the ability of the
project--
``(i) to generate national economic benefits,
including creating jobs, expanding business
opportunities, and impacting the gross domestic
product;
``(ii) to increase mobility of United States
citizens and reduce congestion, including
impacts in the State, region, and Nation; and
``(iii) to otherwise enhance the national
transportation system.
``(3) Project selection criteria.--In selecting a project
under this section, the Secretary shall consider the extent to
which the project--
``(A) makes a substantial contribution to providing
the infrastructure and equipment required to complete a
high-speed rail corridor;
``(B) leverages Federal investment by encouraging
non-Federal financial commitments, including evidence
of stable and dependable financing sources to
construct, maintain, and operate the high-speed rail
corridor and service; and
``(C) helps protect the environment.
``(f) Federal Share.--The Federal share of the cost of a project
financed under this section shall not exceed 80 percent of the project
net capital cost.
``(g) Issuance of Regulations.--Not later than 1 year after the date
of enactment of this section, the Secretary shall issue regulations for
carrying out this section.
``(h) Authorization.--There are authorized to be appropriated to the
Secretary to carry out this section $350,000,000 for each of fiscal
years 2009 through 2013.''.
(b) Table of Sections Amendment.--The table of sections for chapter
261 is amended by adding after the item relating to section 26105 the
following new item:
``26106. High-speed rail corridor program.''.
SEC. 502. ADDITIONAL HIGH-SPEED PROJECTS.
(a) Solicitation of Proposals.--
(1) In general.--
(A) Northeast corridor.--Not later than 60 days after
the date of enactment of this Act, the Secretary of
Transportation shall issue a request for proposals for
projects for the financing, design, construction, and
operation of an initial high-speed rail system
operating between Washington, DC, and New York City.
Such proposals shall be submitted to the Secretary not
later than 150 days after the publication of such
request for proposals.
(B) Other projects.--After a report is transmitted
under subsection (e) with respect to projects described
in subparagraph (A), the Secretary of Transportation
may issue a request for proposals for additional
projects for the financing, design, construction, and
operation of a high-speed rail system operating on any
other corridor in the United States. Such proposals
shall be submitted to the Secretary not later than 150
days after the publication of such request for
proposals.
(2) Contents.--A proposal submitted under paragraph (1) shall
include--
(A) the names and qualifications of the persons
submitting the proposal;
(B) a detailed description of the proposed route and
its engineering characteristics and of all
infrastructure improvements required to achieve the
planned operating speeds and trip times;
(C) how the project would comply with Federal rail
safety regulations which govern the track and equipment
safety requirements for high-speed rail operations;
(D) the peak and average operating speeds to be
attained;
(E) the type of equipment to be used, including any
technologies for--
(i) maintaining an operating speed the
Secretary determines appropriate; or
(ii) in the case of a proposal submitted
under paragraph (1)(A), achieving less than 2-
hour express service between Washington, DC,
and New York City;
(F) the locations of proposed stations;
(G) a detailed description of any proposed
legislation needed to facilitate the project;
(H) a financing plan identifying--
(i) sources of revenue;
(ii) the amount of any proposed public
contribution toward capital costs or
operations;
(iii) ridership projections;
(iv) the amount of private investment;
(v) projected revenue;
(vi) annual operating and capital costs;
(vii) the amount of projected capital
investments required (both initially and in
subsequent years to maintain a state of good
repair); and
(viii) the sources of the private investment
required, including the identity of any person
or entity that has made or is expected to make
a commitment to provide or secure funding and
the amount of such commitment;
(I) a description of how the project would contribute
to the development of a national high-speed rail
system, and an intermodal plan describing how the
system will connect with other transportation links;
(J) labor protections that would comply with the
requirements of section 504;
(K) provisions to ensure that the proposal will be
designed to operate in harmony with existing and
projected future intercity, commuter, and freight
service;
(L) provisions for full fair market compensation for
any asset, property right or interest, or service
acquired from, owned, or held by a private person or
non-Federal entity that would be acquired, impaired, or
diminished in value as a result of a project, except as
otherwise agreed to by the private person or entity;
and
(M) a detailed description of the environmental
impacts of the project, and how any adverse impacts
would be mitigated.
(3) Documents.--Documents submitted or developed pursuant to
this subsection shall not be subject to section 552 of title 5,
United States Code.
(b) Determination of Cost Effectiveness and Establishment of
Commissions.--Not later than 60 days after receipt of a proposal under
subsection (a), the Secretary of Transportation shall--
(1) make a determination as to whether the proposal is cost
effective; and
(2) for each corridor for which one or more cost effective
proposals are received, establish a commission under subsection
(c).
(c) Commissions.--
(1) Members.--The commission referred to in subsection (b)(2)
shall consist of--
(A) the governor of the affected State or States, or
their respective designees;
(B) a rail labor representative, a representative
from a rail freight carrier using the relevant
corridor, and a commuter authority using the relevant
corridor, appointed by the Secretary of Transportation,
in consultation with the chairman and ranking minority
member of the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate;
(C) the Secretary of Transportation or his designee;
(D) the president of Amtrak or his designee; and
(E) the mayors of the three largest municipalities
serviced by the proposed high-speed rail corridor.
(2) Chairperson and vice-chairperson selection.--The
Chairperson and Vice Chairperson shall be elected from among
members of the Commission.
(3) Quorum and vacancy.--
(A) Quorum.--A majority of the members of the
Commission shall constitute a quorum.
(B) Vacancy.--Any vacancy in the Commission shall not
affect its powers and shall be filled in the same
manner in which the original appointment was made.
(d) Commission Consideration.--
(1) In general.--Each commission established under subsection
(b)(2) shall be responsible for reviewing the proposal or
proposals with respect to which the commission was established,
and not later than 90 days after the establishment of the
commission, shall transmit to the Secretary, and to the
chairman and ranking minority member of the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a report which includes--
(A) a summary of each proposal received;
(B) a ranking of the order of the proposals according
to cost effectiveness, advantages over existing
services, projected revenue, and cost and benefit to
the public and private parties;
(C) an indication of which proposal or proposals are
recommended by the commission; and
(D) an identification of any proposed legislative
provisions which would facilitate implementation of the
recommended project.
(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission to
explain their proposals.
(e) Selection by Secretary.--Not later than 60 days after receiving a
report from a commission under subsection (d)(1), the Secretary of
Transportation shall transmit to the Congress a report that ranks all
of the recommended proposals according to cost effectiveness,
advantages over existing services, projected revenue, and cost and
benefit to the public and private parties.
(f) Northeast Corridor Economic Development Study.--Not later than 9
months after the date of enactment of this Act, the Secretary of
Transportation shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the results of an
economic development study of Amtrak's Northeast Corridor service
between Washington, DC, and New York City. Such study shall examine how
to achieve maximum utilization of the Northeast Corridor as a
transportation asset, including--
(1) maximizing the assets of the Northeast Corridor for
potential economic development purposes;
(2) real estate improvement and financial return;
(3) improved intercity, commuter, and freight services;
(4) optimum utility utilization in conjunction with potential
separated high-speed rail passenger services; and
(5) any other means of maximizing the economic potential of
the Northeast Corridor.
SEC. 503. HIGH-SPEED RAIL STUDY.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall conduct--
(1) an alternatives analysis of the Secretary's December 1,
1998, extension of the designation of the Southeast High-Speed
Rail Corridor as authorized under section 104(d)(2) of title
23, United States Code; and
(2) a feasibility analysis regarding the expansion of the
South Central High-Speed Rail Corridor to the Port of Houston,
Texas.
These analyses shall consider changes that have occurred in the
region's population, anticipated patterns of population growth,
connectivity with other modes of transportation, ability of the
designation to reduce regional traffic congestion, and the ability of
current and proposed routings to meet the needs of tourists. The
Secretary shall submit recommendations to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
and conduct a redesignation of one or both corridors if necessary.
SEC. 504. GRANT CONDITIONS.
(a) Domestic Buying Preference.--
(1) Requirement.--
(A) In general.--In carrying out a project funded in
whole or in part with a grant under this title, or the
amendments made by this title, the grant recipient
shall purchase only--
(i) unmanufactured articles, material, and
supplies mined or produced in the United
States; or
(ii) manufactured articles, material, and
supplies manufactured in the United States
substantially from articles, material, and
supplies mined, produced, or manufactured in
the United States.
(B) De minimis amount.--Subparagraph (A) applies only
to a purchase in an total amount that is not less than
$1,000,000.
(2) Exemptions.--On application of a recipient, the Secretary
may exempt a recipient from the requirements of this subsection
if the Secretary decides that, for particular articles,
material, or supplies--
(A) such requirements are inconsistent with the
public interest;
(B) the cost of imposing the requirements is
unreasonable; or
(C) the articles, material, or supplies, or the
articles, material, or supplies from which they are
manufactured, are not mined, produced, or manufactured
in the United States in sufficient and reasonably
available commercial quantities and are not of a
satisfactory quality.
(3) United states defined.--In this subsection, the term
``the United States'' means the States, territories, and
possessions of the United States and the District of Columbia.
(b) Operators Deemed Rail Carriers and Employers for Certain
Purposes.--A person that conducts rail operations over rail
infrastructure constructed or improved with funding provided in whole
or in part in a grant made under this title, or the amendments made by
this title, shall be considered a rail carrier as defined in section
10102(5) of title 49, United States Code, for purposes of this title
and any other statute that adopts that definition or in which that
definition applies, including--
(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.);
(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
(3) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et
seq.).
(c) Grant Conditions.--The Secretary shall require as a condition of
making any grant under this title, or the amendments made by this
title, for a project that uses rights-of-way owned by a railroad that--
(1) a written agreement exist between the applicant and the
railroad regarding such use and ownership, including--
(A) any compensation for such use;
(B) assurances regarding the adequacy of
infrastructure capacity to accommodate both existing
and future freight and passenger operations;
(C) an assurance by the railroad that collective
bargaining agreements with the railroad's employees
(including terms regulating the contracting of work)
will remain in full force and effect according to their
terms for work performed by the railroad on the
railroad transportation corridor; and
(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of
title 49, United States Code; and
(2) the applicant agrees to comply with--
(A) the standards of section 24312 of title 49,
United States Code, as such section was in effect on
September 1, 2003, with respect to the project in the
same manner that the National Railroad Passenger
Corporation is required to comply with those standards
for construction work financed under an agreement made
under section 24308(a) of title 49, United States Code;
and
(B) the protective arrangements established under
section 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 836) with
respect to employees affected by actions taken in
connection with the project to be financed in whole or
in part by grants under this chapter.
(d) Replacement of Existing Intercity Passenger Rail Service.--
(1) Collective bargaining agreement for intercity passenger
rail projects.--Any entity providing intercity passenger
railroad transportation that begins operations after the date
of enactment of this Act on a project funded in whole or in
part by grants made under this title, or the amendments made by
this title, and replaces intercity rail passenger service that
was provided by Amtrak, unless such service was provided solely
by Amtrak to another entity, as of such date shall enter into
an agreement with the authorized bargaining agent or agents for
adversely affected employees of the predecessor provider that--
(A) gives each such qualified employee of the
predecessor provider priority in hiring according to
the employee's seniority on the predecessor provider
for each position with the replacing entity that is in
the employee's craft or class and is available within 3
years after the termination of the service being
replaced;
(B) establishes a procedure for notifying such an
employee of such positions;
(C) establishes a procedure for such an employee to
apply for such positions; and
(D) establishes rates of pay, rules, and working
conditions.
(2) Immediate replacement service.--
(A) Negotiations.--If the replacement of preexisting
intercity rail passenger service occurs concurrent with
or within a reasonable time before the commencement of
the replacing entity's rail passenger service, the
replacing entity shall give written notice of its plan
to replace existing rail passenger service to the
authorized collective bargaining agent or agents for
the potentially adversely affected employees of the
predecessor provider at least 90 days before the date
on which it plans to commence service. Within 5 days
after the date of receipt of such written notice,
negotiations between the replacing entity and the
collective bargaining agent or agents for the employees
of the predecessor provider shall commence for the
purpose of reaching agreement with respect to all
matters set forth in subparagraphs (A) through (D) of
paragraph (1). The negotiations shall continue for 30
days or until an agreement is reached, whichever is
sooner. If at the end of 30 days the parties have not
entered into an agreement with respect to all such
matters, the unresolved issues shall be submitted for
arbitration in accordance with the procedure set forth
in subparagraph (B).
(B) Arbitration.--If an agreement has not been
entered into with respect to all matters set forth in
subparagraphs (A) through (D) of paragraph (1) as
described in subparagraph (A) of this paragraph, the
parties shall select an arbitrator. If the parties are
unable to agree upon the selection of such arbitrator
within 5 days, either or both parties shall notify the
National Mediation Board, which shall provide a list of
seven arbitrators with experience in arbitrating rail
labor protection disputes. Within 5 days after such
notification, the parties shall alternately strike
names from the list until only 1 name remains, and that
person shall serve as the neutral arbitrator. Within 45
days after selection of the arbitrator, the arbitrator
shall conduct a hearing on the dispute and shall render
a decision with respect to the unresolved issues among
the matters set forth in subparagraphs (A) through (D)
of paragraph (1). This decision shall be final,
binding, and conclusive upon the parties. The salary
and expenses of the arbitrator shall be borne equally
by the parties; all other expenses shall be paid by the
party incurring them.
(3) Service commencement.--A replacing entity under this
subsection shall commence service only after an agreement is
entered into with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1) or the decision
of the arbitrator has been rendered.
(4) Subsequent replacement of service.--If the replacement of
existing rail passenger service takes place within 3 years
after the replacing entity commences intercity passenger rail
service, the replacing entity and the collective bargaining
agent or agents for the adversely affected employees of the
predecessor provider shall enter into an agreement with respect
to the matters set forth in subparagraphs (A) through (D) of
paragraph (1). If the parties have not entered into an
agreement with respect to all such matters 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 title 49, United States Code) operations of
a State or local government authority (as those terms are
defined in section 5302(11) and (6), respectively, of title 49,
United States Code) eligible to receive financial assistance
under section 5307 of title 49, United States Code, or to its
contractor performing services in connection with commuter rail
passenger operations (as so defined);
(2) the Alaska Railroad or its contractors; or
(3) the National Railroad Passenger Corporation's access
rights to railroad rights of way and facilities under current
law.
Purpose of the Legislation
H.R. 6003, the ``Passenger Rail Investment and Improvement
Act of 2008'', as amended, reauthorizes the National Railroad
Passenger Corporation (``Amtrak'') through fiscal year 2013,
makes improvements to Federal passenger rail transportation
policy and activities, and authorizes construction of high-
speed rail corridors throughout the United States.
Background and Need for Legislation
Intercity passenger rail is an increasingly necessary
transportation alternative to highway and air travel,
particularly in congested parts of the country. It offers
direct access to downtown stations and is travel time
competitive to other transportation modes. Further, it is
critical to decrease our dependence on foreign oil and
alleviate the impacts of global climate change.
The National Rail Passenger Corporation, better known as
``Amtrak'', provides a majority of the nation's intercity
passenger rail service. Amtrak was created with the enactment
of the Rail Passenger Service Act of 1970. The congressionally
chartered, non-governmental corporation was created to relieve
private railroads of their legal mandate to operate money-
losing intercity passenger rail service and to preserve and
reinvigorate intercity passenger rail service throughout the
country. When Amtrak commenced operations on May 1, 1971, the
rail share of the intercity travel market was 0.4 percent. The
number of daily intercity passenger trains had declined from
11,000 in 1964 to fewer than 300 in 1970.
Amtrak has grown considerably since then. In FY 2007,
Amtrak served more than 25.8 million passengers at more than
500 stations in 46 States on approximately 22,000 route miles.
Amtrak's FY 2007 ridership is the fifth straight year of record
ridership and it increased ridership across all of its services
in both corridor and long-distance routes. On average, more
than 70,000 passengers ride on Amtrak trains each day. Amtrak
also improved its financial performance due to improvements in
its service and operations. In FY 2007, the railroad posted
approximately $1.5 billion in ticket revenue, a gain of 10.8
percent over FY 2006 ticket revenues and the third consecutive
year of ticket revenue gain.
Despite these impressive ridership and revenue
achievements, Amtrak has consistently had to fight for
sufficient capital and operating investment from Congress.
There have been unrealistic expectations that Amtrak should be
self-sufficient and profitable. Amtrak was charged to operate
over routes and services that were generally unprofitable for
the private railroads that preceded Amtrak service. In many of
these cases, Amtrak provided this service with second-hand
equipment acquired from private railroads and limited federal
start-up support.
In addition, the expectation of self-sufficient and
profitable Amtrak service is unique in comparison to the
Federal approach of financing the Nation's other major
passenger transportation modes. The nation's highway, public
transportation, and aviation systems all receive robust Federal
investment, significantly financed by user fees. While this
expectation helped justify efforts of significantly restricting
or eliminating Federal investment for intercity passenger rail,
it has also undermined efforts to develop a national intercity
passenger rail system that is capable of meeting the needs of
the nation in the 21st Century.
Federal investment in Amtrak is provided through the annual
appropriations process from discretionary funds. This
investment has varied significantly from year to year,
depending on overall budget conditions and political support.
Amtrak's last authorization, the Amtrak Reform and
Accountability Act of 1997, reauthorized Amtrak for five years,
providing a total of $5.3 billion for fiscal years 1998 through
2002. However, Federal investment in Amtrak remained
inconsistent and frequently failed to meet authorized spending
levels. As a result, Amtrak was forced to take on new debt to
finance its basic system needs. Today, a majority of Amtrak's
$3.2 billion long-term debt stems from equipment capital leases
acquired during this period that allowed Amtrak to preserve its
operations. This long-term debt is reduced somewhat by assets
related to defeased leases. Amtrak spends approximately $300
million per year in servicing this debt.
In addition, this limited and inconsistent Congressional
support also forced Amtrak to curtail or defer many needed
capital projects that created a serious deferred maintenance
problem. Poor train performance and reliability due to
equipment and infrastructure deficiencies undermined Amtrak's
operations and revenue potential.
Today, Amtrak reports it has approximately $6 billion in
deferred maintenance. Completing this maintenance would bring
the Northeast Corridor (``NEC'') to a state-of-good-repair
(which is defined as replacing assets during their useful
design life); make improvements to bridges and tunnels; and
replace Amtrak's fleet of railcars. Amtrak has refurbished
nearly 70 percent of its rolling stock to a state-of-good-
repair. However, most of these cars are over 25 years old and
reaching the end of their useful design life. Completing this
maintenance work will allow Amtrak to accommodate increased
ridership, provide improved amenities and service, improve
service reliability, and increase capacity on some of its
corridors.
While Federal investment has increased since 2002, Amtrak
has not received the necessary funding to address its deferred
maintenance. In addition, Amtrak anticipates it will not be
able to keep pace with the passenger ridership growth of the
past five years unless it has the capital and operating
resources necessary to provide a service that the public can
depend on. While Amtrak is enjoying a period of passenger and
revenue growth, the deferred maintenance, limited capital
investment, and heavy debt hamper Amtrak's ability to continue
to accommodate this growth with current funding levels.
Making this Federal investment in Amtrak is important
during a time of increased congestion on the highways and in
the air, the increased cost of gasoline, and growing concerns
over the impacts of global climate change. Over the past
decade, congestion on highways and in our aviation system has
reached alarming levels across the United States. Gridlock is
becoming a shared experience for tens of millions of motorists
every day, which impacts communities across the country. In
2005, vehicle miles traveled (``VMT'') on the nation's highways
reached three trillion miles for the first time, five times the
level experienced in 1955. Over the past decade alone, travel
growth on the nation's highways has averaged 2.2 percent
annually. In 2007, congestion forced Americans to waste 2.9
billion gallons of fuel and cost Americans a staggering $78
billion. One full passenger train can take 250 to 350 cars off
the road, and the average train today carriers 151 people.
Further, intercity passenger rail is competitive with air
travel of 500 miles or less, and more than 80 percent of all
trips exceeding 100 miles in length are less than 500 miles.
Amtrak and intercity passenger rail also provides
significant benefits to alleviate the impacts of emissions. For
example, the Department of Energy's Transportation Energy Data
Book reports that intercity passenger rail consumes 17 percent
less energy per passenger mile than airlines and 21 percent
less per passenger mile than automobiles. The average intercity
passenger rail train produces 60 percent lower carbon dioxide
emissions per passenger mile than the average auto, and one-
half the carbon dioxide emissions per passenger mile of an
airplane. In conjunction with metropolitan transit systems, the
city-center to city-center service offered by intercity
passenger rail can also support dense, transit-oriented
development in downtown areas, helping to reduce highway travel
demand for both local trips and intercity trips.
By diverting traffic from highways and the air to a more
efficient alternative, railroads save fuel and reduce the
transportation sector's emissions impact. According to Amtrak,
intercity passenger rail removes eight million cars from the
road and eliminates the need for 50,000 fully-loaded passenger
airplanes each year.
These savings continue to improve. Amtrak's British Thermal
Unit (``BTU'') per passenger mile decreased from 2,800 in 2003
to 2,760 in 2004, 2,709 in 2005, and 2,650 in 2006. This level
of energy usage compares favorably to the 3,264 BTUs for air
travel and 3,445 BTUs for highway travel in 2006. New equipment
is further improving energy efficiency. For instance, Amtrak's
Acela Express trains include regenerative braking system. In
addition, Amtrak has acquired new energy-efficient Auto Train
vehicle carriers and is evaluating acquisition of more fuel
efficient switching locomotives.
Finally, improved Amtrak services further reduce emissions
and fuel consumption. After Amtrak restored electrified service
to the 104-mile Philadelphia-Harrisburg line in October 2006,
it replaced nine diesel-powered roundtrip trains per weekday
with 12 roundtrip trains powered by electricity. Today, most of
the electric power that Amtrak uses on the Northeast Corridor
between Washington, DC and New York, New York is generated from
non-fossil fuel sources.
States are increasingly taking the initiative to meet
growing demand for intercity passenger rail to develop new or
improved services. Amtrak has frequently urged Congress to
establish a Federal matching program to support State passenger
rail investments, suggesting that such a program could
substantially expand States' abilities to meet the growing
demand for passenger rail services. Indeed, Amtrak also states
that such strategic public investments in passenger rail
corridors would provide additional benefits to freight
railroads because most Amtrak routes operate over tracks owned
by freight railroads.
States are uniquely qualified to understand their own
mobility needs and connectivity requirements through statewide
and metropolitan area intermodal and multimodal transportation
planning. Over the past ten years, ridership on Amtrak routes
that benefited from State support grew 73 percent. Over that
same period, ridership on Amtrak routes without State support
only increased by seven percent. The U.S. Department of
Transportation reports that the greatest single impediment to
encouraging state support is the lack of a Federal/State
partnership--similar to what exists for highways and transit--
for investing in capital needs of intercity passenger rail.
To address these critical intercity passenger rail needs,
Committee on Transportation and Infrastructure Chairman James
L. Oberstar introduced H.R. 6003, the ``Passenger Rail
Investment and Improvement Act of 2008'' on May 8, 2008. The
bill authorizes $14.9 billion for Amtrak capital and operating
grants, state intercity passenger grants, and high-speed rail
over the next five years.
Major provisions of the bill include:
Increases Capital and Operating Grants to Amtrak. The bill
authorizes $4.2 billion (an average of $840 million per year)
to Amtrak for capital grants and $3.0 billion (an average of
$606 million per year) for operating grants. Past inconsistent
Federal support has hampered Amtrak's ability to replace
catenaries, passenger cars, bridges, ties, and other equipment
necessary for Amtrak to provide service. These capital grants
will help Amtrak bring the Northeast Corridor to a state-of-
good-repair, procure new rolling stock, rehabilitate existing
bridges, as well as make additional capital improvements and
maintenance over its entire network. In addition, the operating
grants authorized under the bill will help Amtrak pay salaries,
health costs, overtime pay, fuel costs, facilities, and train
maintenance and operations. These operating grants will also
ensure that Amtrak can meet its obligations under its recently
negotiated labor contract.
Develops State Passenger Corridors. In an effort to
encourage the development of new and improved intercity
passenger rail services, the bill creates a new State Capital
Grant program for intercity passenger rail capital projects,
and based on the New Starts transit capital program
administered by the Federal Transit Administration. The bill
provides $2.5 billion ($500 million per year) for grants to
States to pay for the capital costs of facilities and equipment
necessary to provide new or improved intercity passenger rail.
The Federal share of the grants is up to 80 percent. The
Secretary of Transportation would award these grants on a
competitive basis for projects based on economic performance,
expected ridership, and other factors.
Provides Funding for High-Speed Rail Corridors. The
National Surface Transportation Policy and Revenue Study
Commission, established to develop a national transportation
vision to address surface transportation needs for the next 50
years, recommends that the United States establish a high-speed
rail network that spans the entire country. The bill authorizes
$1.75 billion ($350 million per year) for grants to States and/
or Amtrak to finance the construction and equipment for 11
authorized high-speed rail corridors. The Federal share of the
grants is up to 80 percent. The Secretary of Transportation
would award these grants on a competitive basis for projects
based on economic performance, expected ridership, and other
factors.
Alleviates Rail ``Choke Points.'' Many of Amtrak's service
routes outside the Northeast Corridor suffer from poor service
reliability and on-time performance because of freight traffic
congestion. This congestion prevents Amtrak from retaining and
attracting new ridership, and increases Amtrak's operating
costs. The Department of Transportation Inspector General
recently reported that if Amtrak achieved an 85 percent on-time
performance outside the Northeast Corridor in fiscal year 2006,
it would have saved Amtrak $136.6 million, or almost one-third
of its operating budget. Amtrak is required by law to have
preferred access on freight corridors; however, Amtrak does not
always receive its preferred access. The bill addresses this
problem by providing congestion grants to Amtrak and the States
for high-priority rail corridors in order to reduce congestion
and facilitate ridership growth. The Congressional Budget
Office estimates that this program authorizes $520 million from
fiscal years 2009 through 2013.
Reduces Amtrak's Debt. Federal support of Amtrak was cut
drastically in fiscal year 2000 and 2001, forcing Amtrak to
assume a large amount of debt to stay in operation. Amtrak has
aggressively targeted this debt, paying down $600 million from
2002 through 2007. Our bill helps Amtrak to take further steps
to reduce its debt, authorizing $1.7 billion ($345 million per
year) for debt service through FY2013. This funding will allow
Amtrak to focus its resources on improving existing services
and making additional capital and operational improvements.
Establishes an RFP for High-Speed Rail Service. A provision
of H.R. 6003 directs the Secretary of Transportation to issue a
request for proposals for projects for the financing, design,
construction, and operation of an initial high-speed rail
system operating between Washington, DC, and New York City.
Proposals would need to meet certain financial, labor, and
planning criteria, as well as a detailed description to account
for any impacts on existing passenger, commuter, and freight
rail traffic to be considered. If the Secretary receives a
qualifying proposal, she would be directed to form a Commission
to study any proposals received. Finally, the Secretary would
issue a report to the Congress on the Commission's findings.
Any further action on a proposal would need legislative
approval by Congress.
Resolves Disputes between Commuter and Freight Railroads.
Currently, no Federal guidelines exist to mediate disputes
between commuter rail providers and freight railroads over use
of freight rail tracks or rights-of-way, nor is there a
standard forum for negotiating commuter rail operating
agreements. The bill establishes a forum at the STB to help
complete stalled commuter rail negotiations, helping our rail
network operate as efficiently as possible. This section is
identical to what was included in H.R. 2701, the
``Transportation Energy Security and Climate Change Mitigation
Act of 2007'', as ordered reported by the Committee on
Transportation and Infrastructure on June 20, 2007.
The state and high-speed rail corridor grants will help
meet the growing need for increased investment in intercity
passenger rail. There is an identified $8.1 billion need for
annual investment for new and enhanced ``regional service'' in
high growth intercity corridors. It is estimated that the
construction of such a network could potentially accommodate an
expansion in intercity passenger rail use of eight to nine
times above the current level of 5.5 billion annual passenger
miles, resulting in a significant increase in passenger rail's
market share.
These Federal investments in intercity passenger rail in
the United States will help us address highway and aviation
congestion, decrease our dependence on foreign oil, and
alleviate the impacts of global climate change.
Summary of the Legislation
Section 1. Short title
Section 1 designates the short title of the bill as the
``Passenger Rail Investment and Improvement Act of 2008''.
Section 2. Amendment of Title 49, United States Code
Section 2 provides that, except as otherwise specifically
provided, whenever in this Act an amendment is expressed in
terms of an amendment to a section or other provision of law,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
Section 3. Table of Contents
Section 3 sets out the table of contents for the bill.
TITLE I--AUTHORIZATIONS
Section 101. Authorization for Amtrak capital and operating expenses
and state capital grants
Section 101 authorizes capital and operating grants for
Amtrak for each of fiscal years 2009 through 2013. For
operating grants, this section authorizes $525 million for FY
2009, $600 million for FY 2010, $614 million for 2011, $638
million for 2012, and $654 million for 2013. These amounts are
based on Amtrak's submitted needs for these fiscal years. These
authorizations include specific authorizations for the Office
of the Inspector General of Amtrak (``IG'').
This section also authorizes $68.5 million in FY 2009 and
$240 million in each of FY 2010 through FY 2013 for Amtrak to
improve the accessibility of facilities and services. The
Committee strongly believes that Amtrak must comply with the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) (``ADA'') by the statutory deadline of
July 26, 2010. The authorization amounts for fiscal years 2011
through 2013 are intended for maintenance of accessibility
features, improvements and upgrades to accessibility features,
and other efforts to improve the usability of Amtrak for people
with disabilities.
The capital grants authorized for Amtrak under this section
are expected to bring Amtrak's assets to a state-of-good-repair
within 15 years and make service improvements on its network,
and for the Secretary of Transportation to make grants to
States for other intercity rail passenger improvements under
section 301. This section authorizes $1.202 billion for FY
2009, $1.321 billion for each of FY 2010 and FY 2011, and
$1.427 billion for each of FY 2012 and FY 2013. Of these
authorized amounts, $500 million is allocated for state grants
for each of fiscal years 2009 through 2013. One-half of one
percent of the available capital funds is available to the
Secretary of Transportation to perform project management
oversight for Amtrak and State capital projects funded under
this section.
Section 102. Repayment of long-term debt and capital leases
Section 102 authorizes $345 million for each of fiscal
years 2009 through 2013 to make payments on Amtrak's debt.
Funds are also authorized to exercise early buyouts of existing
Amtrak debt or capital leases. Authorization amounts under this
section shall be reduced by the amount of Amtrak's debt service
costs reduced through debt restructuring by the Secretary of
Treasury pursuant to section 210 of the bill.
Section 103. Other authorizations
Section 103 authorizes $5 million for each of fiscal years
2009 through 2013 to carry out the rail cooperative research
program authorized pursuant to section 304 of the bill. This
section also authorizes $5 million for FY 2009 for grants to
Amtrak and States participating in the Next Generation Corridor
Train Equipment Pool Committee established under section 303 of
the bill.
Section 104. Tunnel Projects
Section 104 authorizes $60 million to the Federal Railroad
Administration (``FRA'') to work with the City of Baltimore,
the State of Maryland, Amtrak, and interested freight railroads
to complete the preliminary alignment selection and
environmental review necessary to construct a new tunnel for
intercity passenger rail through Baltimore, Maryland. It is the
Committee's expectation that the parties listed above will work
together and complete this work by the end of FY 2013.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
Section 201. National railroad passenger transportation system defined
Section 201 repeals the current and obsolete definition of
the basic Amtrak route system and redefines it as: Amtrak's
Northeast Corridor (``NEC'') from Boston, Massachusetts, to
Washington, DC; high-speed rail corridors designated by the
Secretary of Transportation after they have been approved to
operate high-speed service; long-distance routes greater than
750 miles and in operation on the date of enactment of this
Act; and short-distance corridors operated by Amtrak or a non-
Amtrak recipient of Federal capital assistance pursuant to
section 301. Amtrak and a State may agree on the operation of
an intercity route or service not included in the national rail
passenger transportation system. Nothing in this section
provides third parties with direct statutory access to Amtrak
or privately-owned rail infrastructure. As is the case today,
third parties seeking to initiate intercity passenger rail
service have to contract with Amtrak to operate such service if
Amtrak's statutory right of access to private rail
infrastructure is to be used.
Section 202. Amtrak board of directors
Section 202 provides that, effective six months after date
of enactment of this Act, the Amtrak Board of Directors shall
be expanded to 10 members as follows: the Secretary of
Transportation (``Secretary''); the President of Amtrak, who
shall serve ex-officio as a non-voting member; and eight
individuals with experience in business, finance, or activities
related to passenger transportation, who are appointed by the
President of the United States, with the advice and consent of
the Senate, for a term of five years or until their successors
have been appointed and qualified. The President is required to
consult with Congressional leaders to ensure balanced
representation of geographic regions served by Amtrak. Members
of Amtrak's Board serving on the date of enactment of the Act
will be allowed to continue to serve until the end of their
terms.
Section 203. Establishment of improved financial accounting system
Section 203 directs Amtrak to implement a modern accounting
and reporting system one year after the date of enactment of
this Act that enables Amtrak to: (1) assign revenues and
expenses to each of its lines of business and major activities,
such as train operations, equipment maintenance, ticketing, and
reservations; (2) separate costs of infrastructure and rail
operations; (3) analyze ticketing and reservation data on a
real time basis; and (4) provide cost accounting data. This
section requires the Department of Transportation (``DOT'')
Inspector General (``IG'') to review the accounting system and
ensure it accomplishes the specified purposes. Without improved
financial systems and controls, it will be difficult for Amtrak
to substantially improve its operations, save money, and
increase revenue.
Section 204. Development of 5-year financial plan
Section 204 requires the Amtrak Board of Directors to
submit an annual budget and business plan for Amtrak to the
DOT. In addition, this section requires the Board to submit a
five-year financial plan to DOT and the DOT IG. The five-year
plan shall include projected revenues, expenditures, ridership,
capital funding requirements, cash flow forecasts, and an
assessment of Amtrak's continuing financial stability. The
five-year financial plan should specify how Amtrak plans to
invest Federal funds and is distinct from the budget request
that Amtrak submits to the administration and Congress.
Section 205. Establishment of grant process
Section 205 requires the Secretary to establish substantive
and procedural requirements for Amtrak grant requests. After
Amtrak submits a grant request, the Secretary shall approve or
disapprove it within 30 days. If the request is denied, the
Secretary must notify Amtrak of the reasons for the denial, and
Amtrak shall submit a modified request within 15 days. If the
Secretary denies the modified request, the Secretary shall,
within 15 days of its receipt, notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate and recommend a process for
resolving the outstanding issues with the request. This grant
process provides additional Federal oversight to ensure that
funds appropriated for Amtrak are used efficiently and for
purposes consistent with this Act.
Section 206. State-supported routes
Currently, Federal financial participation for corridor
routes varies widely. In some cases, the Federal Government
supports the full investment; in other cases, the States
exclusively support the routes themselves.
Section 206 standardizes Federal participation across all
corridors. Within two years of the date of enactment of this
Act, Amtrak, in consultation with the Secretary, the Governor
of each relevant State, and the Mayor of the District of
Columbia, shall develop and implement a single, nationwide
standardized methodology for establishing and allocating
operating and capital costs among the States and Amtrak for
short-distance routes. Within five years of the date of
enactment of this Act, Amtrak must implement the new
methodology which shall ensure equal treatment to all States
supporting short-distance service. If Amtrak and the States do
not voluntarily adopt and implement the new methodology, the
Surface Transportation Board (``STB'') will develop and
implement an allocation methodology. State grants authorized
under section 301 of this Act may be used to pay capital costs
under this section.
Section 207. Metrics and standards
Section 207 provides that the FRA and Amtrak shall jointly,
in consultation with the STB, rail carriers, States, Amtrak
employees, nonprofit employee organizations, and groups
representing Amtrak passengers, develop metrics and minimum
standards for measuring the performance and service quality of
intercity train operations. These metrics and standards include
cost recovery; on-time performance, ridership per train mile,
on-board and station services, and the connectivity of routes.
This section also requires FRA to publish a quarterly report on
train performance and service quality.
Section 208. Northeast Corridor state-of-good-repair plan
Section 208 requires Amtrak, in consultation with the
Secretary and the NEC States (Connecticut, Delaware, Maryland,
Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island
and the District of Columbia), to prepare a capital spending
plan to return the right-of-way, facilities, stations, and
equipment of the NEC to a state-of-good-repair by the end of FY
2013. The Secretary shall review the plan and annual updates
for approval. The Secretary makes capital grants of
appropriated funds, as authorized by section 101 and through
the process established in section 205 of this Act, for up to
100 percent of the capital investments contained in the
investment plan. Amounts made available to Amtrak under this
Act for projects contained in the plan are allowed to be
combined with other sources of capital investment to finance
improvements that incorporate elements contained in the state-
of-good-repair plan.
Section 209. Northeast Corridor infrastructure and operations
improvements
Section 209 requires the Secretary to establish an NEC
Infrastructure and Operations Advisory Commission, which will
include representatives of Amtrak, the FRA, and each of the
States in the NEC, with none of these parties constituting a
majority. The Commission will develop future funding
requirement recommendations for capital improvements and
scheduling and safety enhancements. Furthermore, the Commission
will develop a proposal for a standardized formula to determine
costs and compensation to be paid by the NEC commuter rail
authorities for the use of facilities or services provided to
them by Amtrak. If Amtrak and the commuter authorities do not
implement the recommended formula, the Commission shall
petition the STB to determine the appropriate compensation
amounts for such services.
Section 210. Restructuring long term debt and capital leases
Section 210 authorizes the Secretary of the Treasury, in
consultation with the Secretary of Transportation and Amtrak,
to make agreements to restructure Amtrak's debt. This section
directs the Secretary of the Treasury to enter into
negotiations with the holders of such debt for the purpose of
restructuring and assuming, or repaying, the debt on terms
significantly more favorable to the Federal Government. To the
extent Amtrak's principal and interest payments are reduced as
a result of this section, authorizations for such payments
under section 102 of this Act are correspondingly reduced.
After the date of enactment of this Act, Amtrak may not incur
additional debt without advance approval of the Secretary of
Transportation.
Section 211. Study of compliance requirements at existing intercity
rail stations
Section 211 requires Amtrak to evaluate the improvements
necessary to make the stations it serves readily accessible to
and usable by individuals with disabilities, as required by the
ADA. The evaluation shall include, for each applicable station,
improvements required to bring it into compliance with the ADA,
any potential barriers to achieving compliance, the estimated
cost of the improvements necessary, the identification of the
responsible person pursuant to section 241(5) of the ADA, and
the earliest practicable date when such improvements can be
made. The evaluation shall also include an overall schedule for
bringing all applicable stations into compliance. 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, DOT,
and the National Council on Disability by July 1, 2009. The
Committee strongly believes that Amtrak should be in full
compliance with ADA requirements by the statutory deadline of
July 26, 2010. This study is not intended to delay construction
or other improvements that would make stations or platforms
accessible to people with disabilities.
Section 212. Oversight of Amtrak's compliance with accessibility
requirements
Section 212 requires the FRA to monitor and conduct
periodic reviews of Amtrak's compliance with applicable
sections of the ADA 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.
Section 213. Access to Amtrak equipment and services
Section 213 authorizes States wishing to use operators
other than Amtrak for the provision of State-supported services
to make agreements with Amtrak to use Amtrak facilities and
equipment for the purpose of operating that particular route.
If Amtrak and a State fail to reach an agreement governing such
use, the STB shall determine reasonable compensation,
liability, and other terms of use of the facilities and
equipment in accordance with section 206 of this Act and direct
Amtrak to make such assets available to the State if such use
is essential to the planned service and will not impair or
degrade Amtrak's other operations.
Section 214. General Amtrak provisions
Section 214 repeals the operating self-sufficiency
requirement imposed on Amtrak in 1997, and the 2002 ``sunset
trigger'' for failing to meet the requirement. It also repeals
the requirement to redeem Amtrak's outstanding common stock. In
addition, the provision authorizes Amtrak to continue leasing
vehicles from the General Services Administration. Finally, the
section authorizes the establishment of facilities and
procedures to conduct pre-clearance of passengers on Amtrak
trains entering the U.S. from Canada. The Committee is aware of
significant delays for Amtrak trains entering the United States
from Canada because of customs clearance procedures that occur
en-route. It is expected that this authorization will lead to
the establishment of pre-clearance operations in Canada to
expedite travel to the United States by Amtrak, similar to pre-
clearance arrangements used for certain airline flights between
the two nations.
Section 215. Amtrak management accountability
Section 215 requires the DOT IG to complete an overall
assessment of the progress made by Amtrak management and DOT to
implement the provisions of this Act.
Section 216. Passenger rail study
Section 216 requires the U.S. Government Accountability
Office (``GAO'') to complete a study to determine the potential
cost and benefits of expanding passenger rail service options
in underserved communities.
Section 217. Congestion grants
Section 217 authorizes the Secretary of Transportation to
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. These
projects would be funded if the Secretary finds that they would
reduce congestion or facilitate ridership growth in intercity
passenger rail transportation. Projects eligible for grants
under this section include projects identified by Amtrak as
necessary to reduce congestion or facilitate ridership growth
in intercity passenger rail transportation along heavily
traveled rail corridors; and designated by the Secretary as
being sufficiently advanced in development to meet these goals.
Grants awarded under this section shall not exceed 80 percent
of the total cost of the project. Amtrak provided the Committee
with information regarding 18 congested points along the
national network where Federal funding could immediately
improve on-time performance and ridership growth. These
corridors are (1) Washington, DC, to Richmond, VA; (2)
Richmond, VA, to Selma, NC; (3) Seattle, WA, to Portland, OR;
(4) Portland, OR, to Eugene, OR; (5) Chicago, IL, to Porter,
IN; (6) Chicago, IL, to Detroit, MI; (7) Chicago, IL, to
Carbondale, IL; (8) Chicago, IL, to Joliet, IL; (9) Salinas,
CA, to Paso Robles, CA; San Jose, CA, to Oakland, CA, to
Sacramento, CA; (10) Oakland, CA, to Bakersfield, CA; (11) San
Diego, CA, to Los Angeles, CA, to Santa Barbara, CA; (12)
Selma, NC, to Jacksonville, FL; (13) Sebring, FL, to Dyer, FL;
(14) Mineola, TX, to Ft. Worth, TX; (15) Syracuse, NY, to
Rochester, NY; (16) Albany, NY, to Utica, NY; (17)
Poughkeepsie, NY, to Albany, NY; and (18) Elkhart, IN, to
Sandusky, OH.
Section 218. Plan for restoration of service
Section 218 directs Amtrak to complete a plan to restore
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. This section
authorizes $1 million to develop this plan.
Section 219. Locomotive biofuel study
Section 219 requires the FRA to conduct a study on the
extent to which freight and passenger rail operators can use
biofuel to power their locomotive and rolling stock fleet. The
FRA is required to consider the energy intensity of various
biofuel blends compared to diesel fuel, the emission benefits
compared to diesel fuel, the cost, the public benefits of using
such fuels, and the effect of such fuels on locomotive and
rolling stock vehicle performance. The FRA shall report to
Congress the results of the study, including findings,
conclusions, and recommendations. This section authorizes $1
million for the study.
Section 220. Study of the use of biobased lubricants
Section 220 requires the FRA to 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 comprehensive study of the feasibility of using readily
biodegradable lubricants by freight and passenger railroads.
The Committee expects that the FRA will work with a facility
affiliated with an institute of higher education, and whose
primary mission is research and testing of agricultural-based
lubricants.
Section 221. Applicability of Buy American Act
Section 221 provides that Amtrak is subject to the Buy
American Act for purchases of $100,000 or more. This section
will make Amtrak subject to Buy American requirements that are
similar to requirements for Federal Transit Administration
grant recipients.
Section 222. Intercity passenger rail service performance
Section 222 requires the DOT IG to 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 recommends a process
for DOT to consider proposals by Amtrak and others to serve
underperforming routes and routes not currently served by
Amtrak. Any proposal considered by the DOT IG needs to follow
the requirements outlined under section 504 of this Act. The
DOT IG shall recommend one route not currently served by Amtrak
and two routes (from among the five worst performing routes
currently served by Amtrak) to be considered under the process.
The Secretary of Transportation shall not implement the
selection process recommended by the DOT IG until legislation
is enacted authorizing the Secretary to take such action.
Section 223. Amtrak Inspector General Utilization Study
This section requires the Amtrak Inspector General to
transmit to Congress nine months after the date of enactment of
this Act a report on Amtrak's utilization of its facilities,
including the Beech Grove Repair facility in Indiana. The
report shall include an examination of Amtrak's utilization of
its existing facilities to determine the extent that Amtrak is
maximizing the opportunities for each facility, including any
attempts to provide maintenance and repair to other rail
carriers.
Section 224. Amtrak Service Preference Study
This section directs the Surface Transportation Board to
transmit to Congress a report containing (1) the findings of
the effectiveness of 49 U.S.C 24308(c) in ensuring the
preference of Amtrak service over freight transportation
service; and (2) recommendations for regulatory or legislative
actions to improve such effectiveness. This report is due six
months after enactment of this Act.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Section 301. Capital assistance for intercity passenger rail service;
state rail plans
Section 301 authorizes the Secretary of Transportation to
make capital grants, from amounts authorized under section 101
of this Act, to a State or group of States for facilities,
infrastructure, and equipment necessary to provide or improve
intercity passenger rail transportation. The Secretary shall
require each proposed project to meet all safety requirements
that are applicable under law and require that the project is
part of a State rail plan developed under section 302 of this
Act. The Secretary may issue a letter of intent, full funding
grant agreement, or early systems work agreement to carry out
the project. A grant may not exceed 80 percent of the capital
cost, but the remaining 20 percent may be funded from amounts
appropriated to a department of the Federal Government and
eligible to be expended on transportation. Grant conditions
include: (1) domestic buying preference; (2) compliance with
rail carrier laws including the Railroad Retirement Act of
1974, the Railway Labor Act, and the Railroad Unemployment
Insurance Act; (3) a written agreement between the applicant
and the owner of any railroad facilities to be used or
improved; and (4) a written agreement between any new rail
operator and Amtrak labor organizations to protect the rights
of Amtrak employees who would otherwise be adversely affected.
Section 302. State rail plans
Section 302 authorizes States to prepare and maintain a
State rail plan in accordance with requirements listed in this
section. A State rail plan is required to designate an
authority to approve and carry out the plan and be reviewed by
the Secretary of Transportation. The section also provides the
purposes and content of State rail plans, including a long-
range service and investment program. State grants authorized
under section 301 of this Act may be used for projects included
in a State rail plan.
Section 303. Next generation corridor train equipment pool
Section 303 requires Amtrak to establish a Next Generation
Corridor Equipment Pool Committee comprised of Amtrak, the FRA,
States, and other interested parties to design, develop
specifications for, and procure standardized next-generation
corridor equipment.
Section 304. Rail cooperative research program
Section 304 directs the Secretary of Transportation to
establish a rail cooperative research program to examine issues
relating to intercity, commuter, and freight rail enhancements,
including impacts on highway and airport congestion, rail
capacity constraints, and development of high-speed rail
services.
Section 305. Passenger rail system comparison study
Section 305 directs GAO to complete a study that compares
the passenger rail system in the United States with the
passenger rail systems in Canada, Germany, Great Britain,
France, China, Spain, and Japan.
TITLE IV--COMMUTER RAIL TRANSIT ENHANCEMENT
Section 401. Commuter rail transit enhancement
Section 401 establishes a forum for the resolution of
disputes between commuter rail authorities and freight
railroads at the STB by creating guidelines and procedures
regarding commuter rail use of freight railroad tracks and
rights-of-way in order to assure that both freight and
passenger needs can be achieved in a way that is fair, timely,
and reasonable. This title is identical to section 203 of H.R.
2701, the ``Transportation Energy Security and Climate Change
Mitigation Act of 2007'', as ordered reported by the Committee
on Transportation and Infrastructure on June 20, 2007.
TITLE V--HIGH-SPEED RAIL
Section 501. High-speed rail corridor program
Section 501 directs the Secretary of Transportation to
establish and implement a high-speed rail corridor program.
Under this section, a State, a group of States, an Interstate
Compact, or Amtrak may apply for grants for a capital project
to acquire, construct, improve or inspect equipment, track and
track structures, or facilities for high-speed rail service of
at least 110 mph. Projects eligible for funding must be on a
``high-speed rail corridor'' designated by the Secretary
pursuant to section 104(d)(2) of title 23, United States Code.
This section authorizes $350 million for each of fiscal years
2009 through 2013.
Section 502. Additional high-speed rail projects
Section 502 directs the Secretary of Transportation to
solicit proposals for the financing, design, construction, and
operation of a high-speed rail system operating between
Washington, DC, and New York, New York. Proposals will require
Washington, DC-to-New York, New York express service of no more
than two hours. If the Secretary determines that a proposal is
cost effective, the Secretary shall establish a Commission of
Federal, State, local, rail labor, and rail freight carrier
representatives to evaluate the proposals and report its
recommendations to Congress. After the Secretary transmits any
Commission report on a Washington, DC-to-New York, New York
proposal, the Secretary may request proposals for other
corridors. This section also directs the Secretary to complete
a study to examine how to achieve maximum economic utilization
of the Northeast Corridor.
Section 503. High-speed rail study
Section 503 authorizes the Secretary of Transportation to
conduct (1) an alternatives analysis of the Secretary's
December 1, 1998 extension of the designation of the Southeast
High-Speed Rail Corridor as authorized under section 104(d)(2)
of title 23, United States Code; and (2) a feasibility analysis
regarding the expansion of the South Central High-Speed Rail
Corridor to the Port of Houston, Texas. These analyses shall
consider changes that have occurred in the region's population,
anticipated patterns of population growth, connectivity with
other modes of transportation, ability of the designation to
reduce regional traffic congestion, and the ability of current
and proposed routings to meet the needs of tourists. The
Secretary shall submit recommendations to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate and conduct a re-designation of
one or both corridors if necessary.
Section 504. Grant conditions
Section 504 establishes grant conditions for projects
funded under this title, including: (1) domestic buying
preference; (2) compliance with rail carrier laws including the
Railroad Retirement Act of 1974, the Railway Labor Act, and the
Railroad Unemployment Insurance Act; (3) a written agreement
between the applicant and the owner of any railroad facilities
to be used or improved; and (4) a written agreement between any
new rail operator and Amtrak labor organizations to protect the
rights of Amtrak employees who would otherwise be adversely
affected.
Legislative History and Committee Consideration
To date, the Committee on Transportation and
Infrastructure's Subcommittee on Railroads, Pipelines, and
Hazardous Materials has held seven hearings on Amtrak and
intercity passenger rail in the 110th Congress: on May 14,
2008, the Subcommittee held a hearing entitled ``Amtrak
Reauthorization''; on February 11, 2008, the Subcommittee held
a hearing entitled, ``The Role of Intercity Rail During
National Emergencies''; on July 11, 2007, the Subcommittee held
a hearing entitled ``Amtrak Capital Needs''; on June 26, 2007,
the Subcommittee held a hearing entitled ``Benefits of
Intercity Passenger Rail;'' on June 12, 2007, the Subcommittee
held a hearing entitled ``Amtrak Strategic Initiatives''; on
April 19, 2007, the Subcommittee held a hearing entitled
``International High-Speed Rail Systems''; and, finally, on
March 7, 2007, the Subcommittee held a joint hearing with the
Subcommittee on Highways and Transit entitled ``Transit & Rail
Security''.
On May 8, 2008, Chairman James L. Oberstar introduced H.R.
6003, the ``Passenger Rail Investment and Improvement Act of
2008''. This bill had not been introduced in previous
Congresses.
On May 14, 2008, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials held a hearing entitled ``Amtrak
Reauthorization''.
On May 20, 2008, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials met in open session to consider H.R.
6003. The Subcommittee favorably recommended the bill to the
Committee on Transportation and Infrastructure by voice vote
with a quorum present.
On May 22, 2008, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 6003 and
adopted an amendment to the bill. The amendment modified the
designation of congestion grants; directed the STB to report on
the effectiveness 49 U.S.C. 24308(c); directed the Amtrak IG to
report on Amtrak's utilization of its facilities; and added a
feasibility analysis for the expansion of the South Central
High-Speed Rail Corridor to the Port of Houston, Texas. The
Committee ordered the bill, as amended, reported favorably to
the House by voice vote with a quorum present.
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with any amendment offered to H.R. 6003 or on ordering the bill
reported. A motion to order H.R. 6003, as amended, reported
favorably to the House was agreed to by voice vote with a
quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
reauthorize the National Railroad Passenger Corporation
(``Amtrak''); to authorize Federal funding for the operation
and development of intercity passenger rail service; and to
make improvements to Federal passenger rail transportation
policy and activities.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 6003
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 5, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6003, the
Passenger Rail Investment and Improvement Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 6003--Passenger Rail Investment and Improvement Act of 2008
Summary: H.R. 6003 would authorize the appropriation of an
estimated $14.9 billion over the 2009-2013 period for rail
programs administered by Amtrak, states, and the Department of
Transportation (DOT). That amount includes $9.9 billion for
grants to Amtrak to cover its operating expenses, capital
projects, and debt repayment; $4.3 billion in grants to states
for rail projects, including high-speed rail; and $520 million
for grants to states and Amtrak to reduce rail congestion.
Assuming appropriation of the amounts specified and estimated
to be necessary, CBO estimates that enacting the legislation
would cost $12.4 billion over the 2009-2013 period.
The bill could affect direct spending because it would
authorize the Department of the Treasury to repay Amtrak debt--
without further appropriation--if the department chooses to
negotiate with Amtrak's creditors to restructure the debt. CBO
does not expect that the Treasury would seek to restructure and
repay Amtrak's debt. If, however, the Treasury did repay
Amtrak's debt, that provision would increase direct spending by
more than $2 billion over the next several years.
Enacting the legislation would not effect revenues.
Section 4 of the Unfunded Mandates Reform Act (UMRA)
excludes from the application of that act any legislative
provision that establishes or enforces statutory rights that
prohibit discrimination on the basis of disability. CBO has
determined that sections 211 and 212 of H.R. 6003 fall within
that exclusion; therefore, we have not reviewed them for
intergovernmental or private-sector mandates.
Other provisions of H.R. 6003 contain no intergovernmental
mandates as defined in UMRA and would impose no costs on state,
local, or tribal governments. The other provisions contain
several private-sector mandates as defined in UMRA because they
would require Amtrak to comply with requirements related to
financial planning and accounting, the performance of train
operations, and buying American products. Amtrak already
complies with many of those requirements, and the cost to
comply with the remaining mandates would likely be small.
Therefore, CBO estimates that the aggregate cost of the
mandates in the bill would fall below the annual threshold
established in UMRA for private-sector mandates ($136 million
in 2008, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 6003 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Grants to Amtrak:
Authorization Level............................ 1,634 1,997 2,011 2,143 2,159 9,944
Estimated Outlays.............................. 1,573 1,799 1,876 2,073 2,134 9,455
Grants to States for Rail Projects:
Authorization Level............................ 850 852 852 849 849 4,252
Estimated Outlays.............................. 85 255 511 681 808 2,340
Grants to Reduce Rail Congestion:
Estimated Authorization Level.................. 100 102 104 106 108 520
Estimated Outlays.............................. 75 97 103 105 107 487
Other Authorized Programs:
Authorization Level............................ 70 5 5 5 5 90
Estimated Outlays.............................. 6 18 36 15 12 87
Oversight, Studies, and Reports:
Estimated Authorization Level.................. 28 7 7 7 7 56
Estimated Outlays.............................. 13 15 12 8 7 55
Total Changes:
Estimated Authorization Level.................. 2,682 2,963 2,979 3,110 3,128 14,862
Estimated Outlays.............................. 1,752 2,184 2,538 2,882 3,068 12,424
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
6003 will be enacted near the end of 2008 and that the amounts
authorized and estimated to be necessary will be appropriated
each year beginning in fiscal year 2009. Estimates of spending
are based on historical spending patterns of existing and
similar programs.
Spending subject to appropriation
H.R. 6003 would authorize the appropriation of an estimated
$14.9 billion over the 2009-2013 period. That amount includes
funds for grants to Amtrak for capital, operating, and debt
expenses and to states for rail projects, including high-speed
rail. Those funds also include grants to reduce rail congestion
and improve a rail tunnel in Baltimore, Maryland, and an
estimated $55 million to comply with the bill's reporting and
other administrative requirements.
Grants to Amtrak. H.R. 6003 would authorize the
appropriation of about $9.9 billion for grants to Amtrak over
the 2009-2013 period. This total includes $3.0 billion for
operating expenses, $4.2 billion for capital projects, $1.7
billion for repayment of the principal and interest on its
debt, and $1.0 billion for bringing Amtrak trains and stations
into compliance with the Americans with Disabilities Act of
1990 (Public Law 101-336). In 2008, Amtrak received
appropriations totaling $850 million for capital expenses and
debt service and $475 million for operating expenses. Based on
information from Amtrak about the pace of spending on those
activities, CBO estimates that those grants would cost about
$9.5 million over the 2009-2013 period and about $500 million
thereafter.
Grants to States for Rail Projects. The bill would
authorize the appropriation of about $4.3 billion in grants to
states over the 2009-2013 period. That total includes $2.5
billion for capital projects to improve intercity rail service
and $1.8 billion for new high-speed rail projects, The 2008
Consolidated Appropriations Act (Public Law 110-161) included
$30 million for grants to states for capital improvements for
intercity passenger rail service. CBO estimates that spending
for those grants would total $2.3 billion over the 2009-2013
period and about $2.0 billion after 2013.
Grants to Reduce Rail Congestion. The bill would authorize
DOT to make grants to states or to Amtrak, in cooperation with
states, for rail projects necessary to either reduce congestion
in high-priority rail corridors or increase ridership on
intercity passenger rail systems. Amtrak expects that it and
states with high-priority rail corridors will spend about $500
million under current law on communication and signal
equipment, structures, track, and other projects over the next
two years to reduce congestion. To reduce congestion as
envisioned in the bill, Amtrak would need to add more than
1,500 miles of track and complete a variety of other
improvements, including upgraded signals, extended sidings, and
other engineering work. Based on the pace of current Amtrak
spending and information from DOT, CBO estimates that the
provision would cost $487 million over the 2009-2013 period,
assuming appropriation of the necessary sums. According to
Amtrak's estimates, such spending would allow it to install
nearly 500 miles of additional track over the next five years.
Other Authorized Programs. Other provisions of the bill
would authorize the appropriation of $90 million over the 2009-
2012 period, including:
$60 million for Federal Railroad
Administration (PRA) and Amtrak to approve a new rail
tunnel alignment in Baltimore, Maryland, and to ensure
completion of related environmental reviews;
$25 million to DOT to improve models for
understanding railroad transportation and to study how
railroad transportation could be improved; and
$5 million for the FRA, Amtrak, and
interested states to form a committee to develop
standards for certain rail equipment. The bill would
allow Amtrak and participating states to enter into
agreements or establish a corporation for acquiring
such equipment.
Assuming appropriation of those specified amounts and based
on information from Amtrak and DOT regarding the speed at which
they can complete the work on the Baltimore tunnel, CBO
estimates that implementing those provisions would cost $87
million over the 2009-2013 period.
Oversight, Studies and Reports. H.R. 6003 would authorize
funds for DOT to provide oversight for Amtrak's operations and
would direct the agency to complete several studies with
respect to high-speed rail, the use of alternative fuels in
rail programs, and rail operations and efficiency. The bill
also would require Amtrak and the Government Accountability
Office to each complete studies about passenger rail programs
and the performance of Amtrak. Assuming appropriation of the
amounts specified and estimated to be necessary based on
information from DOT and Amtrak, CBO estimates that
implementing those provisions would cost $55 million over the
2009-2013 period.
Direct spending
H.R. 6003 would authorize the Department of the Treasury to
negotiate with Amtrak's creditors to restructure Amtrak's long-
term debt with the goal of reducing costs to Amtrak and the
government. The Treasury's authority to initiate such
negotiations would expire 18 months after enactment of the
legislation. The bill also would direct the Treasury--without
further appropriation--to repay whatever debt the department is
able to restructure if the government and Amtrak would realize
savings.
Based on information from Amtrak, DOT, and the Treasury,
CBO does not expect that the Secretary of the Treasury would
opt to negotiate with Amtrak's creditors, and as a result,
would not repay any of Amtrak's debt under this bill. Thus, CBO
does not estimate that this provision would affect direct
spending. As of October 1, 2007, Amtrak owed about $3.3 billion
in long-term debt. Of this total, almost $900 million is held
in an escrow account for repayment, leaving about $2.4 billion
available for restructuring under H.R. 6003. If the Treasury
did negotiate with Amtrak's creditors and restructure and repay
this debt, CBO estimates that the repayment would increase
direct spending by more than $2 billion over the next several
years.
Intergovernmental and private-sector impact: Section 4 of
UMRA excludes from the application of that act any legislative
provision that establishes or enforces statutory rights that
prohibit discrimination on the basis of disability. CBO has
determined that sections 211 and 212 of H.R. 6003 fall within
that exclusion; therefore, we have not reviewed them for
intergovernmental or private-sector mandates.
Other provisions of H.R. 6003 contain no intergovernmental
mandates as defined in UMRA and would impose no costs on state,
local, or tribal governments. However, the other provisions of
the bill impose several private-sector mandates on Amtrak. CBO
estimates that the aggregate cost of those mandates would fall
below the annual threshold established in UMRA for private-
sector mandates ($136 million in 2008, adjusted annually for
inflation). The bill would authorize appropriations for Amtrak
to comply with two of the mandates.
Mandates that apply to the private sector
The bill would require Amtrak to implement certain
financial planning, accounting, and reporting requirements,
including a requirement to obtain advanced approval from the
Secretary of Transportation before incurring any additional
debt. In addition, the bill would require Amtrak to standardize
performance and service quality and methods for calculating the
operating and capital costs of short-distance routes. The bill
also would require Amtrak to plan for and implement development
projects in the Northeast Corridor and along the Gulf of
Mexico, follow certain stipulations of the Buy American Act,
and submit to the Congress a report on Amtrak's utilization of
its facilities.
Amtrak currently complies with most of the requirements
included in the bill. For those requirements that may require
additional effort, the cost to make such changes would likely
be small, In addition, the bill would authorize $5 million and
$1 million, respectively, for Amtrak to comply with the
requirements involving further development of the Northeast
Corridor and a route along the Gulf of Mexico.
Previous CBO estimate: On May 17, 2007, CBO provided a cost
estimate for S. 294, the Passenger Rail Investment and
Improvement Act of 2007, as ordered reported by the Senate
Committee on Commerce, Science, and Transportation. That bill
contained provisions addressing the security of rail
operations, including authorizing $399 million for grants for
rail security, which are not contained in H.R. 6003. S. 294
also would authorize the Surface Transportation Board to assess
penalties on freight railroads for delaying Amtrak trains. That
bill authorized the appropriation of $8.9 billion over five
years for grants to Amtrak and $1.4 billion over five years for
grants to states for rail projects. In addition to several
mandates on rail carriers, that bill contained many of the same
mandates on Amtrak that are included in H.R. 6003. Because of
uncertainty about the regulations to be implemented under S.
294, CBO could not determine whether the aggregate costs of the
mandates on the private sector would exceed UMRA's annual
threshold for private-sector mandates.
Estimate prepared by: Federal Costs: Sarah Puro; Impact on
State, Local, and Tribal Governments: Elizabeth Cove; Impact on
the Private Sector: Jacob Kuipers.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 6003, as amended, does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt State, local,
or tribal law. The Committee states that H.R. 6003 does not
preempt any State, local, or tribal law.
Advisory Committee Statement
This legislation establishes three advisory committees, as
defined by section 2 of the Federal Advisory Committee Act (5
U.S.C. app.): (1) the Northeast Corridor Infrastructure and
Operations Advisory Commission (section 209); (2) the Advisory
Board of Rail Cooperative Research Program (section 304); and
(3) the Commissions on Additional High-Speed Rail Projects
(section 502). Pursuant to section 5 of the Federal Advisory
Committee Act, the Committee determines that the functions of
these advisory committees are not being carried out by existing
agencies or advisory commissions. The Committee also determines
that the advisory committees have a clearly defined purpose,
fairly balanced membership, and meet all of the other
requirements of section 5(b) of the Federal Advisory Committee
Act.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
PART A--SAFETY
Chapter Sec.
201. GENERAL...................................................... 20101
* * * * * * *
PART B--ASSISTANCE
* * * * * * *
225. STATE RAIL PLANS AND HIGH PRIORITY PROJECTS.................. 2501
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE. 24401
* * * * * * *
PART E--MISCELLANEOUS
* * * * * * *
28501MMUTER RAIL TRANSIT ENHANCEMENT............................
* * * * * * *
PART B--ASSISTANCE
* * * * * * *
CHAPTER 225--STATE RAIL PLANS AND HIGH PRIORITY PROJECTS
Sec.
22501. Definitions.
22502. Authority.
22503. Purposes.
22504. Transparency; coordination; review.
22505. Content.
22506. Review.-
Sec. 22501. Definitions
In this chapter:
(1) Private benefit.--
(A) In general.--The term ``private
benefit''--
(i) means a benefit accrued to a
person or private entity, other than
the National Railroad Passenger
Corporation, that directly improves the
economic and competitive condition of
that person or entity through improved
assets, cost reductions, service
improvements, or any other means as
defined by the Secretary; and
(ii) shall be determined on a
project-by-project basis, based upon an
agreement between the parties.
(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in
further defining this term.
(2) Public benefit.--
(A) In general.--The term ``public
benefit''--
(i) means a benefit accrued to the
public in the form of enhanced mobility
of people or goods, environmental
protection or enhancement, congestion
mitigation, enhanced trade and economic
development, improved air quality or
land use, more efficient energy use,
enhanced public safety, reduction of
public expenditures due to improved
transportation efficiency or
infrastructure preservation, and any
other positive community effects as
defined by the Secretary; and
(ii) shall be determined on a
project-by-project basis, based upon an
agreement between the parties.
(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in
further defining this term.
(3) State.--The term ``State'' means any of the 50
States and the District of Columbia.
(4) State rail transportation authority.--The term
``State rail transportation authority'' means the State
agency or official responsible under the direction of
the Governor of the State or a State law for
preparation, maintenance, coordination, and
administration of the State rail plan.
Sec. 22502. Authority
(a) In General.--Each State may prepare and maintain a State
rail plan in accordance with the provisions of this chapter.
(b) Requirements.--For the preparation and periodic revision
of a State rail plan, a State shall--
(1) establish or designate a State rail
transportation authority to prepare, maintain,
coordinate, and administer the plan;
(2) establish or designate a State rail plan approval
authority to approve the plan;
(3) submit the State's approved plan to the Secretary
of Transportation for review; and
(4) revise and resubmit a State-approved plan no less
frequently than once every 5 years for reapproval by
the Secretary.
Sec. 22503. Purposes
(a) Purposes.--The purposes of a State rail plan are as
follows:
(1) To set forth State policy involving freight and
passenger rail transportation, including commuter rail
operations, in the State.
(2) To establish the period covered by the State rail
plan.
(3) To present priorities and strategies to enhance
rail service in the State that benefits the public.
(4) To serve as the basis for Federal and State rail
investments within the State.
(b) Coordination.--A State rail plan shall be coordinated
with other State transportation planning goals and programs and
set forth rail transportation's role within the State
transportation system.
Sec. 22504. Transparency; coordination; review
(a) Preparation.--A State shall provide adequate and
reasonable notice and opportunity for comment and other input
to the public, rail carriers, commuter and transit authorities
operating in, or affected by rail operations within the State,
units of local government, and other interested parties in the
preparation and review of its State rail plan.
(b) Intergovernmental Coordination.--A State shall review the
freight and passenger rail service activities and initiatives
by regional planning agencies, regional transportation
authorities, and municipalities within the State, or in the
region in which the State is located, while preparing the plan,
and shall include any recommendations made by such agencies,
authorities, and municipalities as deemed appropriate by the
State.
Sec. 22505. Content
(a) In General.--Each State rail plan shall contain the
following:
(1) An inventory of the existing overall rail
transportation system and rail services and facilities
within the State and an analysis of the role of rail
transportation within the State's surface
transportation system.
(2) A review of all rail lines within the State,
including proposed high-speed rail corridors and
significant rail line segments not currently in
service.
(3) A statement of the State's passenger rail service
objectives, including minimum service levels, for rail
transportation routes in the State.
(4) A general analysis of rail's transportation,
economic, and environmental impacts in the State,
including congestion mitigation, trade and economic
development, air quality, land-use, energy-use, and
community impacts.
(5) A long-range rail investment program for current
and future freight and passenger infrastructure in the
State that meets the requirements of subsection (b).
(6) A statement of public financing issues for rail
projects and service in the State, including a list of
current and prospective public capital and operating
funding resources, public subsidies, State taxation,
and other financial policies relating to rail
infrastructure development.
(7) An identification of rail infrastructure issues
within the State that reflects consultation with all
relevant stake holders.
(8) A review of major passenger and freight
intermodal rail connections and facilities within the
State, including seaports, and prioritized options to
maximize service integration and efficiency between
rail and other modes of transportation within the
State.
(9) A review of publicly funded projects within the
State to improve rail transportation safety, including
all major projects funded under section 130 of title
23.
(10) A performance evaluation of passenger rail
services operating in the State, including possible
improvements in those services, and a description of
strategies to achieve those improvements.
(11) A compilation of studies and reports on high-
speed rail corridor development within the State not
included in a previous plan under this chapter, and a
plan for funding any recommended development of such
corridors in the State.
(12) A statement that the State is in compliance with
the requirements of section 22102.
(b) Long-Range Service and Investment Program.--
(1) Program content.--A long-range rail investment
program included in a State rail plan under subsection
(a)(5) shall include the following matters:
(A) A list of any rail capital projects
expected to be undertaken or supported in whole
or in part by the State.
(B) A detailed funding plan for those
projects.
(2) Project list content.--The list of rail capital
projects shall contain--
(A) a description of the anticipated public
and private benefits of each such project; and
(B) a statement of the correlation between--
(i) public funding contributions for
the projects; and
(ii) the public benefits.
(3) Considerations for project list.--In preparing
the list of freight and intercity passenger rail
capital projects, a State rail transportation authority
should take into consideration the following matters:
(A) Contributions made by non-Federal and
non-State sources through user fees, matching
funds, or other private capital involvement.
(B) Rail capacity and congestion effects.
(C) Effects on highway, aviation, and
maritime capacity, congestion, or safety.
(D) Regional balance.
(E) Environmental impact.
(F) Economic and employment impacts.
(G) Projected ridership and other service
measures for passenger rail projects.
Sec. 22506. Review
The Secretary shall prescribe procedures for States to submit
State rail plans for review under this title, including
standardized format and data requirements. State rail plans
completed before the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008 that substantially meet
the requirements of this chapter, as determined by the
Secretary, shall be deemed by the Secretary to have met the
requirements of this chapter.
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
CHAPTER 241--GENERAL
Sec. 24101. Findings, purpose, and goals
(a) * * *
* * * * * * *
(d) Minimizing Government Subsidies.--To carry out subsection
(c)(11) of this section, Amtrak is encouraged to make
agreements with the private sector and undertake initiatives
that are consistent with good business judgment and designed to
maximize its revenues and minimize Government subsidies. Amtrak
shall prepare a financial [plan to operate within the funding
levels authorized by section 24104 of this chapter, including
budgetary goals for fiscal years 1998 through 2002. Commencing
no later than the fiscal year following the fifth anniversary
of the Amtrak Reform and Accountability Act of 1997, Amtrak
shall operate without Federal operating grant funds
appropriated for its benefit.] 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. Amtrak and its Board of Directors shall adopt a
long-term plan that minimizes the need for Federal operating
subsidies.
Sec. 24102. Definitions
In this part--
(1) * * *
[(2) ``basic system'' means the system of intercity
rail passenger transportation designated by the
Secretary of Transportation under section 4 of the
Amtrak Improvement Act of 1978 and approved by
Congress, and transportation required to be provided
under section 24705(a) of this title and section 4(g)
of the Act, including changes in the system or
transportation that Amtrak makes using the route and
service criteria.]
[(3)] (2) ``commuter authority'' means a State,
local, or regional entity established to provide, or
make a contract providing for, commuter rail passenger
transportation.
[(4)] (3) ``commuter rail passenger transportation''
means short-haul rail passenger transportation in
metropolitan and suburban areas usually having reduced
fare, multiple-ride, and commuter tickets and morning
and evening peak period operations.
[(5)] (4) ``intercity rail passenger transportation''
means rail passenger transportation, except commuter
rail passenger transportation.
(5) ``national rail passenger transportation system''
means--
(A) the segment of the Northeast Corridor
between Boston, Massachusetts and Washington,
DC;
(B) rail corridors that have been designated
by the Secretary of Transportation as high-
speed corridors (other than corridors described
in subparagraph (A)), but only after they have
been improved to permit operation of high-speed
service;
(C) long distance routes of more than 750
miles between endpoints operated by Amtrak as
of the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008; and
(D) short-distance corridors, or routes of
not more than 750 miles between endpoints,
operated by--
(i) Amtrak; or
(ii) another rail carrier that
receives funds under chapter 244.
* * * * * * *
CHAPTER 243--AMTRAK
Sec.
24301. Status and applicable laws.
* * * * * * *
24310. Management accountability.
* * * * * * *
[Sec. 24302. Board of Directors
[(a) Reform Board.--
[(1) Establishment and duties.--The Reform Board
described in paragraph (2) shall assume the
responsibilities of the Board of Directors of Amtrak by
March 31, 1998, or as soon thereafter as at least 4
members have been appointed and qualified. The Board
appointed under prior law shall be abolished when the
Reform Board assumes such responsibilities.
[(2) Membership.--(A)(i) The Reform Board shall
consist of 7 voting members appointed by the President,
by and with the advice and consent of the Senate, for a
term of 5 years.
[(ii) Notwithstanding clause (i), if the Secretary of
Transportation is appointed to the Reform Board, such
appointment shall not be subject to the advice and
consent of the Senate. If appointed, the Secretary may
be represented at Board meetings by his designee.
[(B) In selecting the individuals described in
subparagraph (A) for nominations for appointments to
the Reform Board, the President should 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.
[(C) Appointments under subparagraph (A) shall be
made from among individuals who--
[(i) have technical qualifications,
professional standing, and demonstrated
expertise in the fields of transportation or
corporate or financial management;
[(ii) are not representatives of rail labor
or rail management; and
[(iii) in the case of 6 of the 7 individuals
selected, are not employees of Amtrak or of the
United States.
[(D) The President of Amtrak shall serve as an ex
officio, nonvoting member of the Reform Board.
[(3) Confirmation procedure in senate.--
[(A) This paragraph is enacted by the
Congress--
[(i) as an exercise of the rulemaking
power of the Senate, and as such it is
deemed a part of the rules of the
Senate, but applicable only with
respect to the procedure to be followed
in the Senate in the case of a motion
to discharge; and it supersedes other
rules only to the extent that it is
inconsistent therewith; and
[(ii) with full recognition of the
constitutional right of the Senate to
change the rules (so far as relating to
the procedure of the Senate) at any
time, in the same manner and to the
same extent as in the case of any other
rule of the Senate.
[(B) If, by the first day of June on which
the Senate is in session after a nomination is
submitted to the Senate under this section, the
committee to which the nomination was referred
has not reported the nomination, then it shall
be discharged from further consideration of the
nomination and the nomination shall be placed
on the Executive Calendar.
[(C) It shall be in order at any time
thereafter to move to proceed to the
consideration of the nomination without any
intervening action or debate.
[(D) After no more than 10 hours of debate on
the nomination, which shall be evenly divided
between, and controlled by, the Majority Leader
and the Minority Leader, the Senate shall
proceed without intervening action to vote on
the nomination.
[(b) Board of Directors.--Five years after the establishment
of the Reform Board under subsection (a), a Board of Directors
shall be selected--
[(1) if Amtrak has, during the then current fiscal
year, received Federal assistance, in accordance with
the procedures set forth in subsection (a)(2); or
[(2) if Amtrak has not, during the then current
fiscal year, received Federal assistance, pursuant to
bylaws adopted by the Reform Board (which shall provide
for employee representation), and the Reform Board
shall be dissolved.
[(c) Authority to Recommend Plan.--The Reform Board shall
have the authority to recommend to the Congress a plan to
implement the recommendations of the 1997 Working Group on
Inter-City Rail regarding the transfer of Amtrak's
infrastructure assets and responsibilities to a new separately
governed corporation.]
Sec. 24302. Board of directors
(a) Composition and Terms.--
(1) The Board of Directors of Amtrak is composed of
the following 10 directors, each of whom must be a
citizen of the United States:
(A) The Secretary of Transportation.
(B) The President of Amtrak, who shall serve
ex officio, as a non-voting member.
(C) 8 individuals appointed by the President
of the United States, by and with the advice
and consent of the Senate, with general
business and financial experience, experience
or qualifications in transportation, freight
and passenger rail transportation, travel,
hospitality, cruise line, and passenger air
transportation businesses, or representatives
of employees or users of passenger rail
transportation or a State government.
(2) In selecting individuals described in paragraph
(1) for nominations for appointments to the Board, the
President shall consult with the Speaker of the House
of Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and
the minority leader of the Senate and try to provide
adequate and balanced representation of the major
geographic regions of the United States served by
Amtrak.
(3) An individual appointed under paragraph (1)(C) of
this subsection serves for 5 years or until the
individual's successor is appointed and qualified. Not
more than 5 individuals appointed under paragraph
(1)(C) may be members of the same political party.
(4) The Board shall elect a chairman and a vice
chairman from among its membership. The vice chairman
shall serve as chairman in the absence of the chairman.
(5) The Secretary may be represented at board
meetings by the Secretary's designee.
(b) Pay and Expenses.--Each director not employed by the
United States Government is entitled to $300 a day when
performing Board duties. Each Director is entitled to
reimbursement for necessary travel, reasonable secretarial and
professional staff support, and subsistence expenses incurred
in attending Board meetings.
(c) Vacancies.--A vacancy on the Board is filled in the same
way as the original selection, except that an individual
appointed by the President of the United States under
subsection (a)(1)(C) of this section to fill a vacancy
occurring before the end of the term for which the predecessor
of that individual was appointed is appointed for the remainder
of that term. A vacancy required to be filled by appointment
under subsection (a)(1)(C) must be filled not later than 120
days after the vacancy occurs.
(d) Quorum.--A majority of the members serving shall
constitute a quorum for doing business.
(e) Bylaws.--The Board may adopt and amend bylaws governing
the operation of Amtrak. The bylaws shall be consistent with
this part and the articles of incorporation.
* * * * * * *
Sec. 24305. General authority
(a) * * *
* * * * * * *
[(f) Domestic Buying Preferences.--(1) In this subsection,
``United States'' means the States, territories, and
possessions of the United States and the District of Columbia.
[(2) Amtrak shall buy only--
[(A) unmanufactured articles, material, and supplies
mined or produced in the United States; or
[(B) manufactured articles, material, and supplies
manufactured in the United States substantially from
articles, material, and supplies mined, produced, or
manufactured in the United States.
[(3) Paragraph (2) of this subsection applies only when the
cost of those articles, material, or supplies bought is at
least $1,000,000.
[(4) On application of Amtrak, the Secretary of
Transportation may exempt Amtrak from this subsection if the
Secretary decides that--
[(A) for particular articles, material, or supplies--
[(i) the requirements of paragraph (2) of
this subsection are inconsistent with the
public interest;
[(ii) the cost of imposing those requirements
is unreasonable; or
[(iii) the articles, material, or supplies,
or the articles, material, or supplies from
which they are manufactured, are not mined,
produced, or manufactured in the United States
in sufficient and reasonably available
commercial quantities and are not of a
satisfactory quality; or
[(B) rolling stock or power train equipment cannot be
bought and delivered in the United States within a
reasonable time.]
(f) Applicability of Buy American Act.--Amtrak shall be
subject to the Buy American Act (41 U.S.C. 10a-d) and the
regulations thereunder, for purchases of $100,000 or more.
* * * * * * *
Sec. 24310. Management accountability
(a) In General.--Three years after the date of enactment of
the Passenger Rail Investment and Improvement Act of 2008, and
two years thereafter, the Inspector General of the Department
of Transportation shall complete an overall assessment of the
progress made by Amtrak management and the Department of
Transportation in implementing the provisions of that Act.
(b) Assessment.--The management assessment undertaken by the
Inspector General may include a review of--
(1) effectiveness in improving annual financial
planning;
(2) effectiveness in implementing improved financial
accounting;
(3) efforts to implement minimum train performance
standards;
(4) progress maximizing revenues and minimizing
Federal subsidies and improving financial results; and
(5) any other aspect of Amtrak operations the
Inspector General finds appropriate to review.
* * * * * * *
CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE
Sec.
24401. Definitions.
24402. Capital investment grants to support intercity passenger rail
service.
24403. Project management oversight.
24404. Use of capital grants to finance first-dollar liability of grant
project.
24405. Grant conditions.-
Sec. 24401. Definitions
In this chapter:
(1) Applicant.--The term ``applicant'' means a State
(including the District of Columbia), a group of
States, an Interstate Compact, or a public agency
established by one or more States and having
responsibility for providing intercity passenger rail
service.
(2) Capital project.--The term ``capital project''
means a project or program in a State rail plan
developed under chapter 225 of this title for--
(A) acquiring, constructing, improving, or
inspecting equipment, track and track
structures, or a facility for use in or for the
primary benefit of intercity passenger rail
service, expenses incidental to the acquisition
or construction (including designing,
engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-
way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade
crossing improvements related to intercity
passenger rail service, mitigating
environmental impacts, communication and
signalization improvements, relocation
assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating,
and rehabilitating replacement housing;
(B) rehabilitating, remanufacturing or
overhauling rail rolling stock and facilities
used primarily in intercity passenger rail
service;
(C) costs associated with developing State
rail plans; and
(D) the first-dollar liability costs for
insurance related to the provision of intercity
passenger rail service under section 24404.
(3) Intercity passenger rail service.--The term
``intercity passenger rail service'' means
transportation services with the primary purpose of
passenger transportation between towns, cities and
metropolitan areas by rail, including high-speed rail,
as defined in section 24102 of this title.
Sec. 24402. Capital investment grants to support intercity passenger
rail service
(a) General Authority.--
(1) The Secretary of Transportation may make grants
under this section to an applicant to assist in
financing the capital costs of facilities,
infrastructure, and equipment necessary to provide or
improve intercity passenger rail transportation.
(2) The Secretary shall require that a grant under
this section be subject to the terms, conditions,
requirements, and provisions the Secretary decides are
necessary or appropriate for the purposes of this
section, including requirements for the disposition of
net increases in value of real property resulting from
the project assisted under this section and shall
prescribe procedures and schedules for the awarding of
grants under this title, including application and
qualification procedures and a record of decision on
applicant eligibility. The Secretary shall issue a
final rule establishing such procedures not later than
90 days after the date of enactment of the Passenger
Rail Investment and Improvement Act of 2008.
(b) Project as Part of State Rail Plan.--
(1) The Secretary may not approve a grant for a
project under this section unless the Secretary finds
that the project is part of a State rail plan developed
under chapter 225 of this title, or under the plan
required by section 302 of the Passenger Rail
Investment and Improvement Act of 2008, and that the
applicant or recipient has or will have the legal,
financial, and technical capacity to carry out the
project, satisfactory continuing control over the use
of the equipment or facilities, and the capability and
willingness to maintain the equipment or facilities.
(2) An applicant shall provide sufficient information
upon which the Secretary can make the findings required
by this subsection.
(3) If an applicant has not selected the proposed
operator of its service competitively, the applicant
shall provide written justification to the Secretary
showing why the proposed operator is the best, taking
into account price and other factors, and that use of
the proposed operator will not unnecessarily increase
the cost of the project.
(c) Project Selection Criteria.--The Secretary, in selecting
the recipients of financial assistance to be provided under
subsection (a), shall--
(1) require that each proposed project meet all
safety requirements that are applicable to the project
under law;
(2) give preference to projects with high levels of
estimated ridership, increased on-time performance,
reduced trip time, additional service frequency to meet
anticipated or existing demand, or other significant
service enhancements as measured against minimum
standards developed under section 207 of the Passenger
Rail Investment and Improvement Act of 2008;
(3) encourage intermodal connectivity through
projects that provide direct connections between train
stations, airports, bus terminals, subway stations,
ferry ports, and other modes of transportation;
(4) ensure that each project is compatible with, and
is operated in conformance with--
(A) plans developed pursuant to the
requirements of section 135 of title 23, United
States Code; and
(B) the national rail plan (if it is
available); and
(5) favor the following kinds of projects:
(A) Projects that are expected to have a
significant favorable impact on air or highway
traffic congestion, capacity, or safety.
(B) Projects that improve freight or commuter
rail operations.
(C) Projects that have significant
environmental benefits, including projects that
involve the purchase of environmentally
sensitive, fuel-efficient, and cost-effective
passenger rail equipment.
(D) Projects that are--
(i) at a stage of preparation that
all pre-commencement compliance with
environmental protection requirements
has already been completed; and
(ii) ready to be commenced.
(E) Projects with positive economic and
employment impacts.
(F) Projects that encourage the use of
positive train control technologies.
(G) Projects that have commitments of funding
from non-Federal Government sources in a total
amount that exceeds the minimum amount of the
non-Federal contribution required for the
project.
(H) Projects that involve donated property
interests or services.
(I) Projects that are identified by the
Surface Transportation Board as necessary to
improve the on time performance and reliability
of intercity passenger rail under section
24308(f).
(J) Projects described in section
5302(a)(1)(G) of this title that are designed
to support intercity passenger rail service.
(K) Projects that encourage intermodal
connectivity, create significant opportunity
for State and private contributions toward
station development, are energy and
environmentally efficient, and have economic
benefits.
(d) Amtrak Eligibility.--To receive a grant under this
section, the National Railroad Passenger Corporation may enter
into a cooperative agreement with 1 or more States to carry out
1 or more projects on a State rail plan's ranked list of rail
capital projects developed under section 22504(a)(5) of this
title.
(e) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
(1)(A) The Secretary may issue a letter of intent to
an applicant announcing an intention to obligate, for a
major capital project under this section, an amount
from future available budget authority specified in law
that is not more than the amount stipulated as the
financial participation of the Secretary in the
project.
(B) At least 30 days before issuing a letter under
subparagraph (A) of this paragraph or entering into a
full funding grant agreement, the Secretary shall
notify in writing the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate and the House and Senate Committees on
Appropriations of the proposed letter or agreement. The
Secretary shall include with the notification a copy of
the proposed letter or agreement as well as the
evaluations and ratings for the project.
(C) An obligation or administrative commitment may be
made only when amounts are appropriated.
(2)(A) The Secretary may make a full funding grant
agreement with an applicant. The agreement shall--
(i) establish the terms of participation by
the United States Government in a project under
this section;
(ii) establish the maximum amount of
Government financial assistance for the
project;
(iii) cover the period of time for completing
the project, including a period extending
beyond the period of an authorization; and
(iv) make timely and efficient management of
the project easier according to the law of the
United States.
(B) An agreement under this paragraph obligates an
amount of available budget authority specified in law
and may include a commitment, contingent on amounts to
be specified in law in advance for commitments under
this paragraph, to obligate an additional amount from
future available budget authority specified in law. The
agreement shall state that the contingent commitment is
not an obligation of the Government and is subject to
the availability of appropriations made by Federal law
and to Federal laws in force on or enacted after the
date of the contingent commitment. Interest and other
financing costs of efficiently carrying out a part of
the project within a reasonable time are a cost of
carrying out the project under a full funding grant
agreement, except that eligible costs may not be more
than the cost of the most favorable financing terms
reasonably available for the project at the time of
borrowing. The applicant shall certify, in a way
satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms.
(3)(A) The Secretary may make an early systems work
agreement with an applicant if a record of decision
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been issued on the project and
the Secretary finds there is reason to believe--
(i) a full funding grant agreement for the
project will be made; and
(ii) the terms of the work agreement will
promote ultimate completion of the project more
rapidly and at less cost.
(B) A work agreement under this paragraph obligates
an amount of available budget authority specified in
law and shall provide for reimbursement of preliminary
costs of carrying out the project, including land
acquisition, timely procurement of system elements for
which specifications are decided, and other activities
the Secretary decides are appropriate to make
efficient, long-term project management easier. A work
agreement shall cover the period of time the Secretary
considers appropriate. The period may extend beyond the
period of current authorization. Interest and other
financing costs of efficiently carrying out the work
agreement within a reasonable time are a cost of
carrying out the agreement, except that eligible costs
may not be more than the cost of the most favorable
financing terms reasonably available for the project at
the time of borrowing. The applicant shall certify, in
a way satisfactory to the Secretary, that the applicant
has shown reasonable diligence in seeking the most
favorable financing terms. If an applicant does not
carry out the project for reasons within the control of
the applicant, the applicant shall repay all Government
payments made under the work agreement plus reasonable
interest and penalty charges the Secretary establishes
in the agreement.
(4) The total estimated amount of future obligations
of the Government and contingent commitments to incur
obligations covered by all outstanding letters of
intent, full funding grant agreements, and early
systems work agreements may be not more than the amount
authorized under section 101(d) of the Passenger Rail
Investment and Improvement Act of 2008, less an amount
the Secretary reasonably estimates is necessary for
grants under this section not covered by a letter. The
total amount covered by new letters and contingent
commitments included in full funding grant agreements
and early systems work agreements may be not more than
a limitation specified in law.
(f) Federal Share of Net Project Cost.--
(1)(A) Based on engineering studies, studies of
economic feasibility, and information on the expected
use of equipment or facilities, the Secretary shall
estimate the net project cost.
(B) A grant for the project shall not exceed 80
percent of the project net capital cost.
(C) The Secretary shall give priority in allocating
future obligations and contingent commitments to incur
obligations to grant requests seeking a lower Federal
share of the project net capital cost.
(2) Up to an additional 20 percent of the required
non-Federal funds may be funded from amounts
appropriated to or made available to a department or
agency of the Federal Government that are eligible to
be expended for transportation.
(3) 50 percent of the average amounts expended by a
State or group of States (including the District of
Columbia) for capital projects to benefit intercity
passenger rail service and operating costs in fiscal
years 2002, 2003, 2004, 2005, 2006, 2007, and 2008
shall be credited towards the matching requirements for
grants awarded in fiscal years 2009, 2010, and 2011
under this section. The Secretary may require such
information as necessary to verify such expenditures.
(4) 50 percent of the average amounts expended by a
State or group of States (including the District of
Columbia) in a fiscal year, beginning in fiscal year
2007, for capital projects to benefit intercity
passenger rail service or for the operating costs of
such service above the average capital and operating
expenditures made for such service in fiscal years
2004, 2005, 2006, 2007, and 2008 shall be credited
towards the matching requirements for grants awarded
under this section. The Secretary may require such
information as necessary to verify such expenditures.
(g) Undertaking Projects in Advance.--
(1) The Secretary may pay the Federal share of the
net capital project cost to an applicant that carries
out any part of a project described in this section
according to all applicable procedures and requirements
if--
(A) the applicant applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the
project, the Secretary approves the plans and
specifications for the part in the same way as
other projects under this section.
(2) The cost of carrying out part of a project
includes the amount of interest earned and payable on
bonds issued by the applicant to the extent proceeds of
the bonds are expended in carrying out the part.
However, the amount of interest under this paragraph
may not be more than the most favorable interest terms
reasonably available for the project at the time of
borrowing. The applicant shall certify, in a manner
satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most
favorable financial terms.
(3) The Secretary shall consider changes in capital
project cost indices when determining the estimated
cost under paragraph (2) of this subsection.
(h) 2-Year Availability.--Funds appropriated under this
section shall remain available until expended. If any amount
provided as a grant under this section is not obligated or
expended for the purposes described in subsection (a) within 2
years after the date on which the State received the grant,
such sums shall be returned to the Secretary for other
intercity passenger rail development projects under this
section at the discretion of the Secretary.
(i) Special Transportation Circumstances.--In carrying out
this section, the Secretary shall allocate an appropriate
portion of the amounts available under this section to provide
grants to States--
(1) in which there is no intercity passenger rail
service for the purpose of funding freight rail capital
projects that are on a State rail plan developed under
chapter 225 of this title that provide public benefits
(as defined in chapter 225) as determined by the
Secretary; or
(2) in which the rail transportation system is not
physically connected to rail systems in the continental
United States or may not otherwise qualify for a grant
under this section due to the unique characteristics of
the geography of that State or other relevant
considerations, for the purpose of funding
transportation-related capital projects.
(j) Small Capital Projects.--The Secretary shall make
available $10,000,000 annually from the amounts authorized
under section 101(d) of the Passenger Rail Investment and
Improvement Act of 2008 beginning in fiscal year 2009 for
grants for capital projects eligible under this section not
exceeding $2,000,000, including costs eligible under section
206(c) of that Act. The Secretary may wave requirements of this
section, including state rail plan requirements, as
appropriate.
Sec. 24403. Project management oversight
(a) Project Management Plan Requirements.--To receive Federal
financial assistance for a major capital project under this
chapter, an applicant must prepare and carry out a project
management plan approved by the Secretary of Transportation.
The plan shall provide for--
(1) adequate recipient staff organization with well-
defined reporting relationships, statements of
functional responsibilities, job descriptions, and job
qualifications;
(2) a budget covering the project management
organization, appropriate consultants, property
acquisition, utility relocation, systems demonstration
staff, audits, and miscellaneous payments the recipient
may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping
system;
(5) a change order procedure that includes a
documented, systematic approach to handling the
construction change orders;
(6) organizational structures, management skills, and
staffing levels required throughout the construction
phase;
(7) quality control and quality assurance functions,
procedures, and responsibilities for construction,
system installation, and integration of system
components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting
requirements;
(10) criteria and procedures to be used for testing
the operational system or its major components;
(11) periodic updates of the plan, especially related
to project budget and project schedule, financing, and
ridership estimates; and
(12) the recipient's commitment to submit a project
budget and project schedule to the Secretary each
month.
(b) Secretarial Oversight.--
(1) The Secretary may use no more than 0.5 percent of
amounts made available in a fiscal year for capital
projects under this chapter to enter into contracts to
oversee the construction of such projects.
(2) The Secretary may use amounts available under
paragraph (1) of this subsection to make contracts for
safety, procurement, management, and financial
compliance reviews and audits of a recipient of amounts
under paragraph (1).
(3) The Federal Government shall pay the entire cost
of carrying out a contract under this subsection.
(c) Access to Sites and Records.--Each recipient of
assistance under this chapter shall provide the Secretary and a
contractor the Secretary chooses under subsection (c) of this
section with access to the construction sites and records of
the recipient when reasonably necessary.
Sec. 24404. Use of capital grants to finance first-dollar liability of
grant project
Notwithstanding the requirements of section 24402 of this
chapter, the Secretary of Transportation may approve the use of
capital assistance under this chapter to fund self-insured
retention of risk for the first tier of liability insurance
coverage for rail passenger service associated with the capital
assistance grant, but the coverage may not exceed $20,000,000
per occurrence or $20,000,000 in aggregate per year.
Sec. 24405. Grant conditions
(a) Domestic Buying Preference.--
(1) Requirement.--
(A) In general.--In carrying out a project
funded in whole or in part with a grant under
this title, the grant recipient shall purchase
only--
(i) unmanufactured articles,
material, and supplies mined or
produced in the United States; or
(ii) manufactured articles, material,
and supplies manufactured in the United
States substantially from articles,
material, and supplies mined, produced,
or manufactured in the United States.
(B) De minimis amount.--Subparagraph (A)
applies only to a purchase in an total amount
that is not less than $1,000,000.
(2) Exemptions.--On application of a recipient, the
Secretary may exempt a recipient from the requirements
of this subsection if the Secretary decides that, for
particular articles, material, or supplies--
(A) such requirements are inconsistent with
the public interest;
(B) the cost of imposing the requirements is
unreasonable; or
(C) the articles, material, or supplies, or
the articles, material, or supplies from which
they are manufactured, are not mined, produced,
or manufactured in the United States in
sufficient and reasonably available commercial
quantities and are not of a satisfactory
quality.
(3) United states defined.--In this subsection, the
term ``the United States'' means the States,
territories, and possessions of the United States and
the District of Columbia.
(b) Operators Deemed Rail Carriers and Employers for Certain
Purposes.--A person that conducts rail operations over rail
infrastructure constructed or improved with funding provided in
whole or in part in a grant made under this title shall be
considered a rail carrier as defined in section 10102(5) of
this title for purposes of this title and any other statute
that adopts that definition or in which that definition
applies, including--
(1) the Railroad Retirement Act of 1974 (45 U.S.C.
231 et seq.);
(2) the Railway Labor Act (43 U.S.C. 151 et seq.);
and
(3) the Railroad Unemployment Insurance Act (45
U.S.C. 351 et seq.).
(c) Grant Conditions.--The Secretary shall require as a
condition of making any grant under this title for a project
that uses rights-of-way owned by a railroad that--
(1) a written agreement exist between the applicant
and the railroad regarding such use and ownership,
including--
(A) any compensation for such use;
(B) assurances regarding the adequacy of
infrastructure capacity to accommodate both
existing and future freight and passenger
operations;
(C) an assurance by the railroad that
collective bargaining agreements with the
railroad's employees (including terms
regulating the contracting of work) will remain
in full force and effect according to their
terms for work performed by the railroad on the
railroad transportation corridor; and
(D) an assurance that an applicant complies
with liability requirements consistent with
section 28103 of this title; and
(2) the applicant agrees to comply with--
(A) the standards of section 24312 of this
title, as such section was in effect on
September 1, 2003, with respect to the project
in the same manner that the National Railroad
Passenger Corporation is required to comply
with those standards for construction work
financed under an agreement made under section
24308(a) of this title; and
(B) the protective arrangements established
under section 504 of the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 836) with respect to employees
affected by actions taken in connection with
the project to be financed in whole or in part
by grants under this chapter.
(d) Replacement of Existing Intercity Passenger Rail
Service.--
(1) Collective bargaining agreement for intercity
passenger rail projects.--Any entity providing
intercity passenger railroad transportation that begins
operations after the date of enactment of this Act on a
project funded in whole or in part by grants made under
this title and replaces intercity rail passenger
service that was provided by Amtrak, unless such
service was provided solely by Amtrak to another
entity, as of such date shall enter into an agreement
with the authorized bargaining agent or agents for
adversely affected employees of the predecessor
provider that--
(A) gives each such qualified employee of the
predecessor provider priority in hiring
according to the employee's seniority on the
predecessor provider for each position with the
replacing entity that is in the employee's
craft or class and is available within 3 years
after the termination of the service being
replaced;
(B) establishes a procedure for notifying
such an employee of such positions;
(C) establishes a procedure for such an
employee to apply for such positions; and
(D) establishes rates of pay, rules, and
working conditions.
(2) Immediate replacement service.--
(A) Negotiations.--If the replacement of
preexisting intercity rail passenger service
occurs concurrent with or within a reasonable
time before the commencement of the replacing
entity's rail passenger service, the replacing
entity shall give written notice of its plan to
replace existing rail passenger service to the
authorized collective bargaining agent or
agents for the potentially adversely affected
employees of the predecessor provider at least
90 days before the date on which it plans to
commence service. Within 5 days after the date
of receipt of such written notice, negotiations
between the replacing entity and the collective
bargaining agent or agents for the employees of
the predecessor provider shall commence for the
purpose of reaching agreement with respect to
all matters set forth in subparagraphs (A)
through (D) of paragraph (1). The negotiations
shall continue for 30 days or until an
agreement is reached, whichever is sooner. If
at the end of 30 days the parties have not
entered into an agreement with respect to all
such matters, the unresolved issues shall be
submitted for arbitration in accordance with
the procedure set forth in subparagraph (B).
(B) Arbitration.--If an agreement has not
been entered into with respect to all matters
set forth in subparagraphs (A) through (D) of
paragraph (1) as described in subparagraph (A)
of this paragraph, the parties shall select an
arbitrator. If the parties are unable to agree
upon the selection of such arbitrator within 5
days, either or both parties shall notify the
National Mediation Board, which shall provide a
list of seven arbitrators with experience in
arbitrating rail labor protection disputes.
Within 5 days after such notification, the
parties shall alternately strike names from the
list until only 1 name remains, and that person
shall serve as the neutral arbitrator. Within
45 days after selection of the arbitrator, the
arbitrator shall conduct a hearing on the
dispute and shall render a decision with
respect to the unresolved issues among the
matters set forth in subparagraphs (A) through
(D) of paragraph (1). This decision shall be
final, binding, and conclusive upon the
parties. The salary and expenses of the
arbitrator shall be borne equally by the
parties; all other expenses shall be paid by
the party incurring them.
(3) Service commencement.--A replacing entity under
this subsection shall commence service only after an
agreement is entered into with respect to the matters
set forth in subparagraphs (A) through (D) of paragraph
(1) or the decision of the arbitrator has been
rendered.
(4) Subsequent replacement of service.--If the
replacement of existing rail passenger service takes
place within 3 years after the replacing entity
commences intercity passenger rail service, the
replacing entity and the collective bargaining agent or
agents for the adversely affected employees of the
predecessor provider shall enter into an agreement with
respect to the matters set forth in subparagraphs (A)
through (D) of paragraph (1). If the parties have not
entered into an agreement with respect to all such
matters within 60 days after the date on which the
replacing entity replaces the predecessor provider, the
parties shall select an arbitrator using the procedures
set forth in paragraph (2)(B), who shall, within 20
days after the commencement of the arbitration, conduct
a hearing and decide all unresolved issues. This
decision shall be final, binding, and conclusive upon
the parties.
(e) Inapplicability to Certain Rail Operations.--Nothing in
this section applies to--
(1) commuter rail passenger transportation (as
defined in section 24102(4) of this title) operations
of a State or local government authority (as those
terms are defined in section 5302(11) and (6),
respectively, of this title) eligible to receive
financial assistance under section 5307 of this title,
or to its contractor performing services in connection
with commuter rail passenger operations (as so
defined);
(2) the Alaska Railroad or its contractors; or
(3) the National Railroad Passenger Corporation's
access rights to railroad rights of way and facilities
under current law.
* * * * * * *
CHAPTER 247--AMTRAK ROUTE SYSTEM
Sec.
24701. National rail passenger transportation system.
24702. Transportation requested by States, authorities, and other
persons.
* * * * * * *
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.
* * * * * * *
Sec. 24706. Discontinuance
(a) * * *
* * * * * * *
(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).
* * * * * * *
CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
Sec.
24901. Definitions.
* * * * * * *
[24905. Coordination board and safety committee.]
24905. Northeast Corridor Infrastructure and Operations Advisory
Commission.
* * * * * * *
24910. Rail cooperative research program.
* * * * * * *
Sec. 24904. General authority
(a) * * *
* * * * * * *
(c) Compensation for Transportation Over Certain Rights of
Way and Facilities.--(1) * * *
(2) If the parties do not agree, the Interstate Commerce
Commission shall order that the transportation continue over
facilities acquired under the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 701 et seq.) and the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and
shall determine compensation (without allowing cross-
subsidization between commuter rail passenger and intercity
rail passenger and rail freight transportation) for the
transportation not later than 120 days after the dispute is
submitted. The Commission shall assign to a rail [freight]
carrier obtaining transportation under this subsection the
costs Amtrak incurs only for the benefit of the carrier, plus a
proportionate share of all other costs of providing
transportation under this paragraph incurred for the common
benefit of Amtrak and the carrier. The proportionate share
shall be based on relative measures of volume of car
operations, tonnage, or other factors that reasonably reflect
the relative use of rail property covered by this subsection.
* * * * * * *
[Sec. 24905. Coordination board and safety committee
[(a) Northeast Corridor Coordination Board.--(1) The
Northeast Corridor Coordination Board is composed of the
following members:
[(A) one individual from each commuter authority (as
defined in section 1135(a) of the Omnibus Budget
Reconciliation Act of 1981 (45 U.S.C. 1104)) that
provides or makes a contract to provide commuter rail
passenger transportation over the main line of the
Northeast Corridor.
[(B) 2 individuals selected by Amtrak.
[(C) one individual selected by the Consolidated Rail
Corporation.
[(2) The Board shall recommend to Amtrak--
[(A) policies that ensure equitable access to the
Northeast Corridor, considering the need for equitable
access by commuter and intercity rail passenger
transportation and the requirements of section 24308(c)
of this title; and
[(B) equitable policies for the Northeast Corridor
related to--
[(i) dispatching;
[(ii) public information;
[(iii) maintaining equipment and facilities;
[(iv) major capital facility investments; and
[(v) harmonizing equipment acquisitions,
rates, and schedules.
[(3) The Board may recommend to the board of directors and
President of Amtrak action necessary to resolve differences on
providing transportation, except for facilities and
transportation matters under section 24308(a) or 24904(a)(5)
and (c) of this title.
[(b) Northeast Corridor Safety Committee.--(1) The Northeast
Corridor Safety Committee is composed of members appointed by
the Secretary of Transportation. The members shall be
representatives of--
[(A) the Secretary;
[(B) Amtrak;
[(C) freight carriers operating more than 150,000
train miles a year on the main line of the Northeast
Corridor;
[(D) commuter agencies;
[(E) rail passengers;
[(F) rail labor; and
[(G) other individuals and organizations the
Secretary decides have a significant interest in rail
safety.
[(2) The Secretary shall consult with the Committee about
safety improvements on the Northeast Corridor main line. The
Committee shall meet at least once every 2 years to consider
safety matters on the main line.
[(3) At the beginning of the first session of each Congress,
the Secretary shall submit a report to Congress on the status
of efforts to improve safety on the Northeast Corridor main
line. The report shall include the safety recommendations of
the Committee and the comments of the Secretary on those
recommendations.
[(4) The Committee shall cease to exist on January 1, 1999,
or on another date the Secretary decides is appropriate. The
Secretary shall notify Congress in writing of a decision to
terminate the Committee on another date.]
Sec. 24905. Northeast Corridor Infrastructure and Operations Advisory
Commission
(a) Northeast Corridor Infrastructure and Operations Advisory
Commission.--
(1) Within 180 days after the date of enactment of
the Passenger Rail Investment and Improvement Act of
2008, the Secretary of Transportation shall establish a
Northeast Corridor Infrastructure and Operations
Advisory Commission (hereinafter referred to in this
section as the ``Commission'') to promote mutual
cooperation and planning pertaining to the rail
operations and related activities of the Northeast
Corridor. The Commission shall be made up of--
(A) members representing the National
Railroad Passenger Corporation;
(B) members representing the Secretary of
Transportation and the Federal Railroad
Administration;
(C) 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
subparagraph (1) shall not constitute a majority of the
commission's memberships.
(3) The commission shall establish a schedule and
location for convening meetings, but shall meet no less
than four times per fiscal year, and the commission
shall develop rules and procedures to govern the
commission's proceedings.
(4) A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(6) The Chairman of the Commission shall be elected
by the members.
(7) The Commission may appoint and fix the pay of
such personnel as it considers appropriate.
(8) Upon request of the Commission, the head of any
department or agency of the United States may detail,
on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in
carrying out its duties under this section.
(9) Upon the request of the Commission, the
Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry
out its responsibilities under this section.
(10) The commission shall consult with other entities
as appropriate.
(b) General Recommendations.--The Commission shall develop
recommendations concerning Northeast Corridor rail
infrastructure and operations including proposals addressing,
as appropriate--
(1) short-term and long-term capital investment needs
beyond the state-of-good-repair under section 208 of
the Passenger Rail Investment and Improvement Act of
2008;
(2) future funding requirements for capital
improvements and maintenance;
(3) operational improvements of intercity passenger
rail, commuter rail, and freight rail services;
(4) opportunities for additional non-rail uses of the
Northeast Corridor;
(5) scheduling and dispatching;
(6) safety enhancements;
(7) equipment design;
(8) marketing of rail services; and
(9) future capacity requirements.
(c) Access Costs.--
(1) Development of formula.--Within 1 year after
verification of Amtrak's new financial accounting
system pursuant to section 203(b) of the Passenger Rail
Investment and Improvement Act of 2008, the Commission
shall--
(A) develop a standardized formula for
determining and allocating costs, revenues, and
compensation for Northeast Corridor commuter
rail passenger transportation, as defined in
section 24102 of this title, that use National
Railroad Passenger Corporation facilities or
services or that provide such facilities or
services to the National Railroad Passenger
Corporation that ensure that--
(i) there is no cross-subsidization
of commuter rail passenger, intercity
rail passenger, or freight rail
transportation; and
(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;
(B) develop a proposed timetable for
implementing the formula before the end of the
6th year following the date of enactment of
that Act;
(C) transmit the proposed timetable to the
Surface Transportation Board; and
(D) at the request of a Commission member,
petition the Surface Transportation Board to
appoint a mediator to assist the Commission
members through non-binding mediation to reach
an agreement under this section.
(2) Implementation.--The National Railroad Passenger
Corporation and the commuter authorities providing
commuter rail passenger transportation on the Northeast
Corridor shall implement new agreements for usage of
facilities or services based on the formula proposed in
paragraph (1) in accordance with the timetable
established therein. If the entities fail to implement
such new agreements in accordance with the timetable,
the Commission shall petition the Surface
Transportation Board to determine the appropriate
compensation amounts for such services in accordance
with section 24904(c) of this title. The Surface
Transportation Board shall enforce its determination on
the party or parties involved.
(d) Transmission of Recommendations.--The commission shall
annually transmit the recommendations developed under
subsection (b) and the formula and timetable developed under
subsection (c)(1) to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
* * * * * * *
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; and
(12) to review rail crossing safety improvements,
including improvements using new safety 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.
* * * * * * *
PART D--HIGH-SPEED RAIL
* * * * * * *
CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE
Sec.
26101. Corridor development.
* * * * * * *
26106. High-speed rail corridor program.
* * * * * * *
Sec. 26106. High-speed rail corridor program
(a) In General.--The Secretary of Transportation shall
establish and implement a high-speed rail corridor program.
(b) Definitions.--In this section, the following definitions
apply:
(1) Applicant.--The term ``applicant'' means a State,
a group of States, an Interstate Compact, a public
agency established by one or more States and having
responsibility for providing high-speed rail service,
or Amtrak.
(2) Corridor.--The term ``corridor'' means a corridor
designated by the Secretary pursuant to section
104(d)(2) of title 23.
(3) Capital project.--The term ``capital project''
means a project or program in a State rail plan
developed under chapter 225 of this title for
acquiring, constructing, improving, or inspecting
equipment, track, and track structures, or a facility
of use in or for the primary benefit of high-speed rail
service, expenses incidental to the acquisition or
construction (including designing, engineering,
location surveying, mapping, environmental studies, and
acquiring rights-of-way), payments for the capital
portions of rail trackage rights agreements, highway-
rail grade crossing improvements related to high-speed
rail service, mitigating environmental impacts,
communication and signalization improvements,
relocation assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing.
(4) High-speed rail.--The term ``high-speed rail''
means intercity passenger rail service that is
reasonably expected to reach speeds of at least 110
miles per hour.
(5) Intercity passenger rail service.--The term
``intercity passenger rail service'' means
transportation services with the primary purpose of
passenger transportation between towns, cities, and
metropolitan areas by rail, including high-speed rail,
as defined in section 24102 of this title.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(7) State.--The term ``State'' means any of the 50
States or the District of Columbia.
(c) General Authority.--The Secretary may make grants under
this section to an applicant to finance capital projects in
high-speed rail corridors.
(d) Applications.--Each applicant seeking to receive a grant
under this section to develop a high-speed rail corridor shall
submit to the Secretary an application in such form and in
accordance with such requirements as the Secretary shall
establish.
(e) Competitive Grant Selection and Criteria for Grants.--
(1) In general.--The Secretary shall--
(A) establish criteria for selecting among
projects that meet the criteria specified in
paragraph (2);
(B) conduct a national solicitation for
applications; and
(C) award grants on a competitive basis.
(2) Grant criteria.--The Secretary may approve a
grant under this section for a project only if the
Secretary determines that the project--
(A) is part of a State rail plan developed
under chapter 225 of this title, or under the
plan required by section 302 of the Passenger
Rail Investment and Improvement Act of 2008;
(B) is based on the results of preliminary
engineering;
(C) has the legal, financial , and technical
capacity to carry out the project; and
(D) is justified based on the ability of the
project--
(i) to generate national economic
benefits, including creating jobs,
expanding business opportunities, and
impacting the gross domestic product;
(ii) to increase mobility of United
States citizens and reduce congestion,
including impacts in the State, region,
and Nation; and
(iii) to otherwise enhance the
national transportation system.
(3) Project selection criteria.--In selecting a
project under this section, the Secretary shall
consider the extent to which the project--
(A) makes a substantial contribution to
providing the infrastructure and equipment
required to complete a high-speed rail
corridor;
(B) leverages Federal investment by
encouraging non-Federal financial commitments,
including evidence of stable and dependable
financing sources to construct, maintain, and
operate the high-speed rail corridor and
service; and
(C) helps protect the environment.
(f) Federal Share.--The Federal share of the cost of a
project financed under this section shall not exceed 80 percent
of the project net capital cost.
(g) Issuance of Regulations.--Not later than 1 year after the
date of enactment of this section, the Secretary shall issue
regulations for carrying out this section.
(h) Authorization.--There are authorized to be appropriated
to the Secretary to carry out this section $350,000,000 for
each of fiscal years 2009 through 2013.
* * * * * * *
PART E--MISCELLANEOUS
* * * * * * *
CHAPTER 285--COMMUTER RAIL TRANSIT ENHANCEMENT
Sec.
28501. Definitions
28502. Surface Transportation Board mediation of trackage use requests.
28503. Surface Transportation Board mediation of rights-of-way use
requests.
28504. Applicability of other laws.
28505. Rules and regulations.-
Sec. 28501. Definitions
In this chapter--
(1) the term ``Board'' means the Surface
Transportation Board;
(2) the term ``capital work'' means maintenance,
restoration, reconstruction, capacity enhancement, or
rehabilitation work on trackage that would be treated,
in accordance with generally accepted accounting
principles, as a capital item rather than an expense;
(3) the term ``fixed guideway transportation'' means
public transportation (as defined in section
5302(a)(10)) provided on, by, or using a fixed guideway
(as defined in section 5302(a)(4));
(4) the term ``public transportation authority''
means a local governmental authority (as defined in
section 5302(a)(6)) established to provide, or make a
contract providing for, fixed guideway transportation;
(5) the term ``rail carrier'' means a person, other
than a governmental authority, providing common carrier
railroad transportation for compensation subject to the
jurisdiction of the Board under chapter 105;
(6) the term ``segregated fixed guideway facility''
means a fixed guideway facility constructed within the
railroad right-of-way of a rail carrier but physically
separate from trackage, including relocated trackage,
within the right-of-way used by a rail carrier for
freight transportation purposes; and
(7) the term ``trackage'' means a railroad line of a
rail carrier, including a spur, industrial, team,
switching, side, yard, or station track, and a facility
of a rail carrier.
Sec. 28502. Surface Transportation Board mediation of trackage use
requests
If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail
carrier to use trackage of, and have related services provided
by, the rail carrier for purposes of fixed guideway
transportation, the public transportation authority or the rail
carrier may apply to the Board for nonbinding mediation. The
Board shall conduct the nonbinding mediation in accordance with
the mediation process of section 1109.4 of title 49, Code of
Federal Regulations, as in effect on the date of enactment of
this section.
Sec. 28503. Surface Transportation Board mediation of rights-of-way use
requests
If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail
carrier to acquire an interest in a railroad right-of-way for
the construction and operation of a segregated fixed guideway
facility, the public transportation authority or the rail
carrier may apply to the Board for nonbinding mediation. The
Board shall conduct the nonbinding mediation in accordance with
the mediation process of section 1109.4 of title 49, Code of
Federal Regulations, as in effect on the date of enactment of
this section.
Sec. 28504. Applicability of other laws
Nothing in this chapter shall be construed to limit a rail
transportation provider's right under section 28103(b) to enter
into contracts that allocate financial responsibility for
claims.
Sec. 28505. Rules and regulations
Not later than 180 days after the date of enactment of this
section, the Board shall issue such rules and regulations as
may be necessary to carry out this chapter.
* * * * * * *
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AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997
* * * * * * *
TITLE II--FISCAL ACCOUNTABILITY
* * * * * * *
[SEC. 204. SUNSET TRIGGER.
[(a) In General.--If at any time more than 2 years after the
date of enactment of this Act and implementation of the
financial plan referred to in section 24104(d) of title 49,
United States Code, as amended by section 201 of this Act, the
Amtrak Reform Council finds that--
[(1) Amtrak's business performance will prevent it
from meeting the financial goals set forth in section
24104(d) of title 49, United States Code, as amended by
section 201 of this Act; or
[(2) Amtrak will require operating grant funds after
the fifth anniversary of the date of enactment of this
Act,
then the Council shall immediately notify the President, the
Committee on Commerce, Science, and Transportation of the
United States Senate, and the Committee on Transportation and
Infrastructure of the United States House of Representatives.
[(b) Factors Considered.--In making a finding under
subsection (a), the Council shall take into account--
[(1) Amtrak's performance;
[(2) the findings of the independent assessment
conducted under section 202;
[(3) the level of Federal funds made available for
carrying out the financial plan referred to in section
24104(d) of title 49, United States Code, as amended by
section 201 of this Act; and
[(4) Acts of God, national emergencies, and other
events beyond the reasonable control of Amtrak.
[(c) Action Plan.--Within 90 days after the Council makes a
finding under subsection (a)--
[(1) it shall develop and submit to the Congress an
action plan for a restructured and rationalized
national intercity rail passenger system; and
[(2) Amtrak shall develop and submit to the Congress
an action plan for the complete liquidation of Amtrak,
after having the plan reviewed by the Inspector General
of the Department of Transportation and the General
Accounting Office for accuracy and reasonableness.
[SEC. 205. SENATE PROCEDURE FOR CONSIDERATION OF RESTRUCTURING AND
LIQUIDATION PLANS.
[(a) In General.--If, within 90 days (not counting any day on
which either House is not in session) after a restructuring
plan is submitted to the House of Representatives and the
Senate by the Amtrak Reform Council under section 204 of this
Act, an implementing Act with respect to a restructuring plan
(without regard to whether it is the plan submitted) has not
been passed by the Congress, then a liquidation disapproval
resolution shall be introduced in the Senate by the Majority
Leader of the Senate, for himself and the Minority Leader of
the Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate. The
liquidation disapproval resolution shall be held at the desk at
the request of the Presiding Officer.
[(b) Consideration in the Senate.--
[(1) Referral and reporting.--A liquidation
disapproval resolution introduced in the Senate shall
be placed directly and immediately on the Calendar.
[(2) Implementing resolution from house.--When the
Senate receives from the House of Representatives a
liquidation disapproval resolution, the resolution
shall not be referred to committee and shall be placed
on the Calendar.
[(3) Consideration of single liquidation disapproval
resolution.--After the Senate has proceeded to the
consideration of a liquidation disapproval resolution
under this subsection, then no other liquidation
disapproval resolution originating in that same House
shall be subject to the procedures set forth in this
section.
[(4) Amendments.--No amendment to the resolution is
in order except an amendment that is relevant to
liquidation of Amtrak. Consideration of the resolution
for amendment shall not exceed one hour excluding time
for recorded votes and quorum calls. No amendment shall
be subject to further amendment, except for perfecting
amendments.
[(5) Motion nondebatable.--A motion to proceed to
consideration of a liquidation disapproval resolution
under this subsection shall not be debatable. It shall
not be in order to move to reconsider the vote by which
the motion to proceed was adopted or rejected, although
subsequent motions to proceed may be made under this
paragraph.
[(6) Limit on consideration.--
[(A) After no more than 20 hours of
consideration of a liquidation disapproval
resolution, the Senate shall proceed, without
intervening action or debate (except as
permitted under paragraph (9)), to vote on the
final disposition thereof to the exclusion of
all amendments not then pending and to the
exclusion of all motions, except a motion to
reconsider or table.
[(B) The time for debate on the liquidation
disapproval resolution shall be equally divided
between the Majority Leader and the Minority
Leader or their designees.
[(7) Debate of amendments.--Debate on any amendment
to a liquidation disapproval resolution shall be
limited to one hour, equally divided and controlled by
the Senator proposing the amendment and the majority
manager, unless the majority manager is in favor of the
amendment, in which case the minority manager shall be
in control of the time in opposition.
[(8) No motion to recommit.--A motion to recommit a
liquidation disapproval resolution shall not be in
order.
[(9) Disposition of senate resolution.--If the Senate
has read for the third time a liquidation disapproval
resolution that originated in the Senate, then it shall
be in order at any time thereafter to move to proceed
to the consideration of a liquidation disapproval
resolution for the same special message received from
the House of Representatives and placed on the Calendar
pursuant to paragraph (2), strike all after the
enacting clause, substitute the text of the Senate
liquidation disapproval resolution, agree to the Senate
amendment, and vote on final disposition of the House
liquidation disapproval resolution, all without any
intervening action or debate.
[(10) Consideration of house message.--Consideration
in the Senate of all motions, amendments, or appeals
necessary to dispose of a message from the House of
Representatives on a liquidation disapproval resolution
shall be limited to not more than 4 hours. Debate on
each motion or amendment shall be limited to 30
minutes. Debate on any appeal or point of order that is
submitted in connection with the disposition of the
House message shall be limited to 20 minutes. Any time
for debate shall be equally divided and controlled by
the proponent and the majority manager, unless the
majority manager is a proponent of the motion,
amendment, appeal, or point of order, in which case the
minority manager shall be in control of the time in
opposition.
[(c) Consideration in Conference.--
[(1) Convening of conference.--In the case of
disagreement between the two Houses of Congress with
respect to a liquidation disapproval resolution passed
by both Houses, conferees should be promptly appointed
and a conference promptly convened, if necessary.
[(2) Senate consideration.--Consideration in the
Senate of the conference report and any amendments in
disagreement on a liquidation disapproval resolution
shall be limited to not more than 4 hours equally
divided and controlled by the Majority Leader and the
Minority Leader or their designees. A motion to
recommit the conference report is not in order.
[(d) Definitions.--For purposes of this section--
[(1) Liquidation disapproval resolution.--The term
``liquidation disapproval resolution'' means only a
resolution of either House of Congress which is
introduced as provided in subsection (a) with respect
to the liquidation of Amtrak.
[(2) Restructuring plan.--The term ``restructuring
plan'' means a plan to provide for a restructured and
rationalized national intercity rail passenger
transportation system.
[(e) Rules of Senate.--This section is enacted by the
Congress--
[(1) as an exercise of the rulemaking power of the
Senate, and as such they are deemed a part of the rules
of the Senate, but applicable only with respect to the
procedure to be followed in the Senate in the case of a
liquidation disapproval resolution; and they supersede
other rules only to the extent that they are
inconsistent therewith; and
[(2) with full recognition of the constitutional
right of the Senate to change the rules (so far as
relating to the procedure of the Senate) at any time,
in the same manner and to the same extent as in the
case of any other rule of the Senate.]
* * * * * * *