[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.

           *       *       *       *       *       *       *

                              ----------                              


              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.]

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