Railroad Safety Improvement Act (RSIA) of 2008

H. R. 2095

One Hundred Tenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight

An Act
To amend title 49, United States Code, to prevent railroad fatalities, injuries,
and hazardous materials releases, to authorize the Federal Railroad Safety Administration, and for other purposes.

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

DIVISION A—RAIL SAFETY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE
49.

(a) SHORT TITLE.—This division may be cited as the ‘‘Rail
Safety Improvement Act of 2008’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents; amendment of title 49.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
Sec.
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101.
102.
103.
104.
105.
106.
107.
108.
109.
110.

TITLE I—RAILROAD SAFETY IMPROVEMENTS
Federal Railroad Administration officers and duties.
Railroad safety strategy.
Railroad safety risk reduction program.
Implementation of positive train control.
Railroad safety technology grants.
Reports on statutory mandates and recommendations.
Rulemaking process.
Hours-of-service reform.
Protection of railroad safety risk analyses information.
Pilot projects.

TITLE II—HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY
AND TRESPASSER PREVENTION
Sec. 201. Pedestrian crossing safety.
Sec. 202. State action plans.
Sec. 203. Improvements to sight distance at highway-rail grade crossings.
Sec. 204. National crossing inventory.
Sec. 205. Telephone number to report grade crossing problems.
Sec. 206. Operation Lifesaver.
Sec. 207. Federal grants to States for highway-rail grade crossing safety.
Sec. 208. Trespasser prevention and highway-rail grade crossing safety.
Sec. 209. Accident and incident reporting.
Sec. 210. Fostering introduction of new technology to improve safety at highwayrail grade crossings.
TITLE III—FEDERAL RAILROAD ADMINISTRATION
Sec. 301. Human capital increases.
Sec. 302. Civil penalty increases.
Sec. 303. Enforcement report.

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Sec. 304. Expansion of emergency order authority.
Sec. 305. Prohibition of individuals from performing safety-sensitive functions for a
violation of hazardous materials transportation law.
Sec. 306. Railroad radio monitoring authority.
Sec. 307. Update of Federal Railroad Administration’s website.
Sec. 308. Emergency waivers.
Sec. 309. Enforcement by the Attorney General.
Sec. 310. Criminal penalties.
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401.
402.
403.
404.
405.
406.
407.
408.
409.
410.
411.
412.

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413.
414.
415.
416.
417.
418.
419.
420.

TITLE IV—RAILROAD SAFETY ENHANCEMENTS
Minimum training standards and plans.
Certification of certain crafts or classes of employees.
Track inspection time study.
Study of methods to improve or correct station platform gaps.
Locomotive cab studies.
Development and use of rail safety technology.
Unified treatment of families of railroad carriers.
Study of repeal of Conrail provision.
Limitations on non-Federal alcohol and drug testing by railroad carriers.
Critical incident stress plan.
Railroad carrier employee exposure to radiation study.
Alcohol and controlled substance testing for maintenance-of-way employees.
Emergency escape breathing apparatus.
Tunnel information.
Museum locomotive study.
Safety inspections in Mexico.
Railroad bridge safety assurance.
Railroad safety infrastructure improvement grants.
Prompt medical attention.
Employee sleeping quarters.

TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE
Sec. 501. Assistance by National Transportation Safety Board to families of passengers involved in rail passenger accidents.
Sec. 502. Rail passenger carrier plan to assist families of passengers involved in
rail passenger accidents.
Sec. 503. Establishment of task force.
TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID
WASTE FACILITIES
Sec. 601. Short title.
Sec. 602. Clarification of general jurisdiction over solid waste transfer facilities.
Sec. 603. Regulation of solid waste rail transfer facilities.
Sec. 604. Solid waste rail transfer facility land-use exemption authority.
Sec. 605. Effect on other statutes and authorities.
TITLE VII—TECHNICAL CORRECTIONS
Sec. 701. Technical corrections.

(c) AMENDMENT OF TITLE 49.—Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of title 49, United States Code.
SEC. 2. DEFINITIONS.

(a) IN GENERAL.—In this division:
(1) CROSSING.—The term ‘‘crossing’’ means a location within
a State, other than a location where one or more railroad
tracks cross one or more railroad tracks at grade where—
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses one or more railroad tracks either at grade or
grade-separated; or
(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for the

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use of nonvehicular traffic, including pedestrians, bicyclists,
and others, that is not associated with a public highway,
road, or street, or a private roadway, crosses one or more
railroad tracks either at grade or grade-separated.
(2) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(3) RAILROAD.—The term ‘‘railroad’’ has the meaning given
that term by section 20102 of title 49, United States Code.
(4) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has
the meaning given that term by section 20102 of title 49,
United States Code.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
(6) STATE.—The term ‘‘State’’ means a State of the United
States, the District of Columbia, or the Commonwealth of
Puerto Rico.
(b) IN TITLE 49.—Section 20102 is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
‘‘(1) ‘Class I railroad’, ‘Class II railroad’, and ‘Class III
railroad’ mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I
carriers, Class II carriers, and Class III carriers, respectively,
as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations.’’; and
(3) by adding at the end thereof the following:
‘‘(4) ‘safety-related railroad employee’ means—
‘‘(A) a railroad employee who is subject to chapter
211;
‘‘(B) another operating railroad employee who is not
subject to chapter 211;
‘‘(C) an employee who maintains the right of way of
a railroad;
‘‘(D) an employee of a railroad carrier who is a hazmat
employee as defined in section 5102(3) of this title;
‘‘(E) an employee who inspects, repairs, or maintains
locomotives, passenger cars, or freight cars; and
‘‘(F) any other employee of a railroad carrier who
directly affects railroad safety, as determined by the Secretary.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

Section 20117(a) of title 49, United States Code, is amended
to read as follows:
‘‘(a) IN GENERAL.—(1) There are authorized to be appropriated
to the Secretary of Transportation to carry out this part and to
carry out responsibilities under chapter 51 as delegated or authorized by the Secretary—
‘‘(A) $225,000,000 for fiscal year 2009;
‘‘(B) $245,000,000 for fiscal year 2010;
‘‘(C) $266,000,000 for fiscal year 2011;
‘‘(D) $289,000,000 for fiscal year 2012; and
‘‘(E) $293,000,000 for fiscal year 2013.
‘‘(2) With amounts appropriated pursuant to paragraph (1),
the Secretary shall purchase Gage Restraint Measurement System

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vehicles and track geometry vehicles or other comparable technology
as needed to assess track safety consistent with the results of
the track inspection study required by section 403 of the Rail
Safety Improvement Act of 2008.
‘‘(3) There are authorized to be appropriated to the Secretary
$18,000,000 for the period encompassing fiscal years 2009 through
2013 to design, develop, and construct the Facility for Underground
Rail Station and Tunnel at the Transportation Technology Center
in Pueblo, Colorado. The facility shall be used to test and evaluate
the vulnerabilities of above-ground and underground rail tunnels
to prevent accidents and incidents in such tunnels, to mitigate
and remediate the consequences of any such accidents or incidents,
and to provide a realistic scenario for training emergency
responders.
‘‘(4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years
2009 through 2013 shall be made available to the Secretary for
personnel in regional offices and in Washington, D.C., whose duties
primarily involve rail security.’’.

TITLE I—RAILROAD SAFETY
IMPROVEMENTS
SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS AND
DUTIES.

Section 103 is amended by striking subsections (b) through
(e) and inserting the following:
‘‘(c) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties,
the Administration shall consider the assignment and maintenance
of safety as the highest priority, recognizing the clear intent,
encouragement, and dedication of Congress to the furtherance of
the highest degree of safety in railroad transportation.
‘‘(d) ADMINISTRATOR.—The head of the Administration shall
be the Administrator who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall be
an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The
Administrator shall report directly to the Secretary of Transportation.
‘‘(e) DEPUTY ADMINISTRATOR.—The Administration shall have
a Deputy Administrator who shall be appointed by the Secretary.
The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
‘‘(f) CHIEF SAFETY OFFICER.—The Administration shall have
an Associate Administrator for Railroad Safety appointed in the
career service by the Secretary. The Associate Administrator shall
be the Chief Safety Officer of the Administration. The Associate
Administrator shall carry out the duties and powers prescribed
by the Administrator.
‘‘(g) DUTIES AND POWERS OF THE ADMINISTRATOR.—The
Administrator shall carry out—
‘‘(1) duties and powers related to railroad safety vested
in the Secretary by section 20134(c) and chapters 203 through
211 of this title, and by chapter 213 of this title for carrying
out chapters 203 through 211;

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‘‘(2) the duties and powers related to railroad policy and
development under subsection (j); and
‘‘(3) other duties and powers prescribed by the Secretary.
‘‘(h) LIMITATION.—A duty or power specified in subsection (g)(1)
may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically
provided by law. A decision of the Administrator in carrying out
the duties or powers of the Administration and involving notice
and hearing required by law is administratively final.
‘‘(i) AUTHORITIES.—Subject to the provisions of subtitle I of
title 40 and title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of
Transportation may make, enter into, and perform such contracts,
grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and
local governments) and private organizations and persons, and
make such payments, by way of advance or reimbursement, as
the Secretary may determine to be necessary or appropriate to
carry out functions at the Administration. The authority of the
Secretary granted by this subsection shall be carried out by the
Administrator. Notwithstanding any other provision of this chapter,
no authority to enter into contracts or to make payments under
this subsection shall be effective, except as provided for in appropriations Acts.’’.
SEC. 102. RAILROAD SAFETY STRATEGY.

(a) SAFETY GOALS.—In conjunction with existing federallyrequired and voluntary strategic planning efforts ongoing at the
Department and the Federal Railroad Administration as of the
date of enactment of this Act, the Secretary shall develop a longterm strategy for improving railroad safety to cover a period of
not less than 5 years. The strategy shall include an annual plan
and schedule for achieving, at a minimum, the following goals:
(1) Reducing the number and rates of accidents, incidents,
injuries, and fatalities involving railroads including train collisions, derailments, and human factors.
(2) Improving the consistency and effectiveness of enforcement and compliance programs.
(3) Improving the identification of high-risk highway-rail
grade crossings and strengthening enforcement and other
methods to increase grade crossing safety.
(4) Improving research efforts to enhance and promote
railroad safety and performance.
(5) Preventing railroad trespasser accidents, incidents,
injuries, and fatalities.
(6) Improving the safety of railroad bridges, tunnels, and
related infrastructure to prevent accidents, incidents, injuries,
and fatalities caused by catastrophic failures and other bridge
and tunnel failures.
(b) RESOURCE NEEDS.—The strategy and annual plan shall
include estimates of the funds and staff resources needed to accomplish the goals established by subsection (a). Such estimates shall
also include the staff skills and training required for timely and
effective accomplishment of each such goal.
(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—The Secretary
shall submit the strategy and annual plan to the Senate Committee

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on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure at
the same time as the President’s budget submission.
(d) ACHIEVEMENT OF GOALS.—
(1) PROGRESS ASSESSMENT.—No less frequently than
annually, the Secretary shall assess the progress of the Department toward achieving the strategic goals described in subsection (a). The Secretary shall identify any deficiencies in
achieving the goals within the strategy and develop and
institute measures to remediate such deficiencies. The Secretary and the Administrator shall convey their assessment
to the employees of the Federal Railroad Administration and
shall identify any deficiencies that should be remediated before
the next progress assessment.
(2) REPORT TO CONGRESS.—Beginning in 2009, not later
than November 1 of each year, the Secretary shall transmit
a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee
on Transportation and Infrastructure on the performance of
the Federal Railroad Administration containing the progress
assessment required by paragraph (1) toward achieving the
goals of the railroad safety strategy and annual plans under
subsection (a).
SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM.

(a) IN GENERAL.—Subchapter II of chapter 201 is amended
by adding at end thereof the following:
‘‘§ 20156. Railroad safety risk reduction program
‘‘(a) IN GENERAL.—
‘‘(1) PROGRAM REQUIREMENT.—Not later than 4 years after
the date of enactment of the Rail Safety Improvement Act
of 2008, the Secretary of Transportation, by regulation, shall
require each railroad carrier that is a Class I railroad, a railroad
carrier that has inadequate safety performance (as determined
by the Secretary), or a railroad carrier that provides intercity
rail passenger or commuter rail passenger transportation—
‘‘(A) to develop a railroad safety risk reduction program
under subsection (d) that systematically evaluates railroad
safety risks on its system and manages those risks in
order to reduce the numbers and rates of railroad accidents,
incidents, injuries, and fatalities;
‘‘(B) to submit its program, including any required
plans, to the Secretary for review and approval; and
‘‘(C) to implement the program and plans approved
by the Secretary.
‘‘(2) RELIANCE ON PILOT PROGRAM.—The Secretary may conduct behavior-based safety and other research, including pilot
programs, before promulgating regulations under this subsection and thereafter. The Secretary shall use any information
and experience gathered through such research and pilot programs under this subsection in developing regulations under
this section.
‘‘(3) REVIEW AND APPROVAL.—The Secretary shall review
and approve or disapprove railroad safety risk reduction program plans within a reasonable period of time. If the proposed
plan is not approved, the Secretary shall notify the affected

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railroad carrier as to the specific areas in which the proposed
plan is deficient, and the railroad carrier shall correct all deficiencies within a reasonable period of time following receipt
of written notice from the Secretary. The Secretary shall
annually conduct a review to ensure that the railroad carriers
are complying with their plans.
‘‘(4) VOLUNTARY COMPLIANCE.—A railroad carrier that is
not required to submit a railroad safety risk reduction program
under this section may voluntarily submit a program that meets
the requirements of this section to the Secretary. The Secretary
shall approve or disapprove any program submitted under this
paragraph.
‘‘(b) CERTIFICATION.—The chief official responsible for safety
of each railroad carrier required to submit a railroad safety risk
reduction program under subsection (a) shall certify that the contents of the program are accurate and that the railroad carrier
will implement the contents of the program as approved by the
Secretary.
‘‘(c) RISK ANALYSIS.—In developing its railroad safety risk
reduction program each railroad carrier required to submit such
a program pursuant to subsection (a) shall identify and analyze
the aspects of its railroad, including operating rules and practices,
infrastructure, equipment, employee levels and schedules, safety
culture, management structure, employee training, and other matters, including those not covered by railroad safety regulations
or other Federal regulations, that impact railroad safety.
‘‘(d) PROGRAM ELEMENTS.—
‘‘(1) IN GENERAL.—Each railroad carrier required to submit
a railroad safety risk reduction program under subsection (a)
shall develop a comprehensive safety risk reduction program
to improve safety by reducing the number and rates of
accidents, incidents, injuries, and fatalities that is based on
the risk analysis required by subsection (c) through—
‘‘(A) the mitigation of aspects that increase risks to
railroad safety; and
‘‘(B) the enhancement of aspects that decrease risks
to railroad safety.
‘‘(2) REQUIRED COMPONENTS.—Each railroad carrier’s safety
risk reduction program shall include a risk mitigation plan
in accordance with this section, a technology implementation
plan that meets the requirements of subsection (e), and a
fatigue management plan that meets the requirements of subsection (f).
‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.—
‘‘(1) IN GENERAL.—As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad
safety risk reduction program under subsection (a) shall
develop, and periodically update as necessary, a 10-year technology implementation plan that describes the railroad carrier’s
plan for development, adoption, implementation, maintenance,
and use of current, new, or novel technologies on its system
over a 10-year period to reduce safety risks identified under
the railroad safety risk reduction program. Any updates to
the plan are subject to review and approval by the Secretary.
‘‘(2) TECHNOLOGY ANALYSIS.—A railroad carrier’s technology implementation plan shall include an analysis of the
safety impact, feasibility, and cost and benefits of implementing

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technologies, including processor-based technologies, positive
train control systems (as defined in section 20157(i)), electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position monitors
and indicators, trespasser prevention technology, highway-rail
grade crossing technology, and other new or novel railroad
safety technology, as appropriate, that may mitigate risks to
railroad safety identified in the risk analysis required by subsection (c).
‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad carrier’s technology implementation plan shall contain a prioritized
implementation schedule for the development, adoption,
implementation, and use of current, new, or novel technologies
on its system to reduce safety risks identified under the railroad
safety risk reduction program.
‘‘(4) POSITIVE TRAIN CONTROL.—Except as required by section 20157 (relating to the requirements for implementation
of positive train control systems), the Secretary shall ensure
that—
‘‘(A) each railroad carrier’s technology implementation
plan required under paragraph (1) that includes a schedule
for implementation of a positive train control system complies with that schedule; and
‘‘(B) each railroad carrier required to submit such a
plan implements a positive train control system pursuant
to such plan by December 31, 2018.
‘‘(f) FATIGUE MANAGEMENT PLAN.—
‘‘(1) IN GENERAL.—As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad
safety risk reduction program under subsection (a) shall develop
and update at least once every 2 years a fatigue management
plan that is designed to reduce the fatigue experienced by
safety-related railroad employees and to reduce the likelihood
of accidents, incidents, injuries, and fatalities caused by fatigue.
Any such update shall be subject to review and approval by
the Secretary.
‘‘(2) TARGETED FATIGUE COUNTERMEASURES.—A railroad
carrier’s fatigue management plan shall take into account the
varying circumstances of operations by the railroad on different
parts of its system, and shall prescribe appropriate fatigue
countermeasures to address those varying circumstances.
‘‘(3) ADDITIONAL ELEMENTS.—A railroad shall consider the
need to include in its fatigue management plan elements
addressing each of the following items, as applicable:
‘‘(A) Employee education and training on the physiological and human factors that affect fatigue, as well as
strategies to reduce or mitigate the effects of fatigue, based
on the most current scientific and medical research and
literature.
‘‘(B) Opportunities for identification, diagnosis, and
treatment of any medical condition that may affect alertness or fatigue, including sleep disorders.
‘‘(C) Effects on employee fatigue of an employee’s shortterm or sustained response to emergency situations, such
as derailments and natural disasters, or engagement in
other intensive working conditions.

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‘‘(D) Scheduling practices for employees, including
innovative scheduling practices, on-duty call practices,
work and rest cycles, increased consecutive days off for
employees, changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects
of employee scheduling that would reduce employee fatigue
and cumulative sleep loss.
‘‘(E) Methods to minimize accidents and incidents that
occur as a result of working at times when scientific and
medical research have shown increased fatigue disrupts
employees’ circadian rhythm.
‘‘(F) Alertness strategies, such as policies on napping,
to address acute drowsiness and fatigue while an employee
is on duty.
‘‘(G) Opportunities to obtain restful sleep at lodging
facilities, including employee sleeping quarters provided
by the railroad carrier.
‘‘(H) The increase of the number of consecutive hours
of off-duty rest, during which an employee receives no
communication from the employing railroad carrier or its
managers, supervisors, officers, or agents.
‘‘(I) Avoidance of abrupt changes in rest cycles for
employees.
‘‘(J) Additional elements that the Secretary considers
appropriate.
‘‘(g) CONSENSUS.—
‘‘(1) IN GENERAL.—Each railroad carrier required to submit
a railroad safety risk reduction program under subsection (a)
shall consult with, employ good faith and use its best efforts
to reach agreement with, all of its directly affected employees,
including any non-profit employee labor organization representing a class or craft of directly affected employees of
the railroad carrier, on the contents of the safety risk reduction
program.
‘‘(2) STATEMENT.—If the railroad carrier and its directly
affected employees, including any nonprofit employee labor
organization representing a class or craft of directly affected
employees of the railroad carrier, cannot reach consensus on
the proposed contents of the plan, then directly affected
employees and such organization may file a statement with
the Secretary explaining their views on the plan on which
consensus was not reached. The Secretary shall consider such
views during review and approval of the program.
‘‘(h) ENFORCEMENT.—The Secretary shall have the authority
to assess civil penalties pursuant to chapter 213 for a violation
of this section, including the failure to submit, certify, or comply
with a safety risk reduction program, risk mitigation plan, technology implementation plan, or fatigue management plan.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201 is amended by inserting after the item relating to
section 20155 the following:
‘‘20156. Railroad safety risk reduction program.’’.
SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL.

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

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‘‘§ 20157. Implementation of positive train control systems
‘‘(a) IN GENERAL.—
‘‘(1) PLAN REQUIRED.—Not later than 18 months after the
date of enactment of the Rail Safety Improvement Act of 2008,
each Class I railroad carrier and each entity providing regularly
scheduled intercity or commuter rail passenger transportation
shall develop and submit to the Secretary of Transportation
a plan for implementing a positive train control system by
December 31, 2015, governing operations on—
‘‘(A) its main line over which intercity rail passenger
transportation or commuter rail passenger transportation,
as defined in section 24102, is regularly provided;
‘‘(B) its main line over which poison- or toxic-by-inhalation hazardous materials, as defined in parts 171.8,
173.115, and 173.132 of title 49, Code of Federal Regulations, are transported; and
‘‘(C) such other tracks as the Secretary may prescribe
by regulation or order.
‘‘(2) IMPLEMENTATION.—The plan shall describe how it will
provide for interoperability of the system with movements of
trains of other railroad carriers over its lines and shall, to
the extent practical, implement the system in a manner that
addresses areas of greater risk before areas of lesser risk.
The railroad carrier shall implement a positive train control
system in accordance with the plan.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance and guidance to railroad carriers in developing
the plans required under subsection (a).
‘‘(c) REVIEW AND APPROVAL.—Not later than 90 days after the
Secretary receives a plan, the Secretary shall review and approve
or disapprove it. If the proposed plan is not approved, the Secretary
shall notify the affected railroad carrier or other entity as to the
specific areas in which the proposed plan is deficient, and the
railroad carrier or other entity shall correct all deficiencies within
30 days following receipt of written notice from the Secretary.
The Secretary shall annually conduct a review to ensure that the
railroad carriers are complying with their plans.
‘‘(d) REPORT.—Not later than December 31, 2012, the Secretary
shall transmit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on the
progress of the railroad carriers in implementing such positive
train control systems.
‘‘(e) ENFORCEMENT.—The Secretary is authorized to assess civil
penalties pursuant to chapter 213 for a violation of this section,
including the failure to submit or comply with a plan for implementing positive train control under subsection (a).
‘‘(f) OTHER RAILROAD CARRIERS.—Nothing in this section
restricts the discretion of the Secretary to require railroad carriers
other than those specified in subsection (a) to implement a positive
train control system pursuant to this section or section 20156,
or to specify the period by which implementation shall occur that
does not exceed the time limits established in this section or section
20156. In exercising such discretion, the Secretary shall, at a minimum, consider the risk to railroad employees and the public associated with the operations of the railroad carrier.

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‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations
or issue orders necessary to implement this section, including regulations specifying in appropriate technical detail the essential
functionalities of positive train control systems, and the means
by which those systems will be qualified.
‘‘(h) CERTIFICATION.—The Secretary shall not permit the
installation of any positive train control system or component in
revenue service unless the Secretary has certified that any such
system or component has been approved through the approval
process set forth in part 236 of title 49, Code of Federal Regulations,
and complies with the requirements of that part.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) INTEROPERABILITY.—The term ‘interoperability’ means
the ability to control locomotives of the host railroad and tenant
railroad to communicate with and respond to the positive train
control system, including uninterrupted movements over property boundaries.
‘‘(2) MAIN LINE.—The term ‘main line’ means a segment
or route of railroad tracks over which 5,000,000 or more gross
tons of railroad traffic is transported annually, except that—
‘‘(A) the Secretary may, through regulations under subsection (g), designate additional tracks as main line as
appropriate for this section; and
‘‘(B) for intercity rail passenger transportation or commuter rail passenger transportation routes or segments
over which limited or no freight railroad operations occur,
the Secretary shall define the term ‘main line’ by regulation.
‘‘(3) POSITIVE TRAIN CONTROL SYSTEM.—The term ‘positive
train control system’ means a system designed to prevent trainto-train collisions, over-speed derailments, incursions into
established work zone limits, and the movement of a train
through a switch left in the wrong position.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 103 of this division, is amended
by inserting after the item relating to section 20156 the following:
‘‘20157. Implementation of positive train control systems.’’.
SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS.

(a) IN GENERAL.—Subchapter II of chapter 201, as amended
by section 104 of this division, is further amended by adding at
the end thereof the following:
‘‘§ 20158. Railroad safety technology grants
‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall
establish a grant program for the deployment of train control technologies, train control component technologies, processor-based technologies, electronically controlled pneumatic brakes, rail integrity
inspection systems, rail integrity warning systems, switch position
indicators and monitors, remote control power switch technologies,
track integrity circuit technologies, and other new or novel railroad
safety technology.
‘‘(b) GRANT CRITERIA.—
‘‘(1) ELIGIBILITY.—Grants shall be made under this section
to eligible passenger and freight railroad carriers, railroad suppliers, and State and local governments for projects described

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in subsection (a) that have a public benefit of improved safety
and network efficiency.
‘‘(2) CONSIDERATIONS.—Priority shall be given to projects
that—
‘‘(A) focus on making technologies interoperable
between railroad systems, such as train control technologies;
‘‘(B) accelerate train control technology deployment on
high-risk corridors, such as those that have high volumes
of hazardous materials shipments or over which commuter
or passenger trains operate; or
‘‘(C) benefit both passenger and freight safety and efficiency.
‘‘(3) IMPLEMENTATION PLANS.—Grants may not be awarded
under this section to entities that fail to develop and submit
to the Secretary the plans required by sections 20156(e)(2)
and 20157.
‘‘(4) MATCHING REQUIREMENTS.—Federal funds for any
eligible project under this section shall not exceed 80 percent
of the total cost of such project.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Transportation $50,000,000
for each of fiscal years 2009 through 2013 to carry out this section.
Amounts appropriated pursuant to this section shall remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 104 of this division, is further
amended by inserting after the item relating to section 20157 the
following:
‘‘20158. Railroad safety technology grants.’’.
SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.

Not later than December 31, 2008, and annually thereafter,
the Secretary shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and Transportation on
the specific actions taken to implement unmet statutory mandates
regarding railroad safety and each open railroad safety recommendation made by the National Transportation Safety Board
or the Department’s Inspector General.
SEC. 107. RULEMAKING PROCESS.

(a) AMENDMENT.—Subchapter I of chapter 201 is amended by
inserting after section 20115 the following new section:
‘‘§ 20116. Rulemaking process
‘‘No rule or order issued by the Secretary under this part
shall be effective if it incorporates by reference a code, rule,
standard, requirement, or practice issued by an association or other
entity that is not an agency of the Federal Government, unless
the date on which the code, rule, standard, requirement, or practice
was adopted is specifically cited in the rule or order, or the code,
rule, standard, requirement, or practice has been subject to notice
and comment under a rule or order issued under this part.’’.

H. R. 2095—13
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201 is amended by inserting after the item relating to
section 20115 the following:
‘‘20116. Rulemaking process.’’.
SEC. 108. HOURS-OF-SERVICE REFORM.

(a) CHANGE IN DEFINITION OF SIGNAL EMPLOYEE.—Section
21101(4) is amended by striking ‘‘employed by a railroad carrier’’.
(b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOYEES.—Section
21103 is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—Except as provided in subsection (d) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee to—
‘‘(1) remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment
to the place of final release, or be in any other mandatory
service for the carrier in any calendar month where the
employee has spent a total of 276 hours—
‘‘(A) on duty;
‘‘(B) waiting for deadhead transportation, or in
deadhead transportation from a duty assignment to the
place of final release; or
‘‘(C) in any other mandatory service for the carrier;
‘‘(2) remain or go on duty for a period in excess of 12
consecutive hours;
‘‘(3) remain or go on duty unless that employee has had
at least 10 consecutive hours off duty during the prior 24
hours; or
‘‘(4) remain or go on duty after that employee has initiated
an on-duty period each day for—
‘‘(A) 6 consecutive days, unless that employee has had
at least 48 consecutive hours off duty at the employee’s
home terminal during which time the employee is unavailable for any service for any railroad carrier except that—
‘‘(i) an employee may work a seventh consecutive
day if that employee completed his or her final period
of on-duty time on his or her sixth consecutive day
at a terminal other than his or her home terminal;
and
‘‘(ii) any employee who works a seventh consecutive
day pursuant to subparagraph (i) shall have at least
72 consecutive hours off duty at the employee’s home
terminal during which time the employee is unavailable for any service for any railroad carrier; or
‘‘(B) except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee’s home terminal during
which time the employee is unavailable for any service
for any railroad carrier, if—
‘‘(i) for a period of 18 months following the date
of enactment of the Rail Safety Improvement Act of
2008, an existing collective bargaining agreement
expressly provides for such a schedule or, following
the expiration of 18 months after the date of enactment
of the Rail Safety Improvement Act of 2008, collective

H. R. 2095—14
bargaining agreements entered into during such period
expressly provide for such a schedule;
‘‘(ii) such a schedule is provided for by a pilot
program authorized by a collective bargaining agreement; or
‘‘(iii) such a schedule is provided for by a pilot
program under section 21108 of this chapter related
to employees’ work and rest cycles.
The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement
is in the public interest and consistent with railroad safety.’’;
(2) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST REQUIREMENT.—
‘‘(1) A railroad carrier may not require or allow an
employee—
‘‘(A) to exceed a total of 40 hours per calendar month
spent—
‘‘(i) waiting for deadhead transportation; or
‘‘(ii) in deadhead transportation from a duty
assignment to the place of final release,
following a period of 12 consecutive hours on duty that
is neither time on duty nor time off duty, not including
interim rest periods, during the period from the date of
enactment of the Rail Safety Improvement Act of 2008
to one year after such date of enactment; and
‘‘(B) to exceed a total of 30 hours per calendar month
spent—
‘‘(i) waiting for deadhead transportation; or
‘‘(ii) in deadhead transportation from a duty
assignment to the place of final release,
following a period of 12 consecutive hours on duty that
is neither time on duty nor time off duty, not including
interim rest periods, during the period beginning one year
after the date of enactment of the Rail Safety Improvement
Act of 2008 except that the Secretary may further limit
the monthly limitation pursuant to regulations prescribed
under section 21109.
‘‘(2) The limitations in paragraph (1) shall apply unless
the train carrying the employee is directly delayed by—
‘‘(A) a casualty;
‘‘(B) an accident;
‘‘(C) an act of God;
‘‘(D) a derailment;
‘‘(E) a major equipment failure that prevents the train
from advancing; or
‘‘(F) a delay resulting from a cause unknown and
unforeseeable to a railroad carrier or its officer or agent
in charge of the employee when the employee left a terminal.
‘‘(3) Each railroad carrier shall report to the Secretary,
in accordance with procedures established by the Secretary,
each instance where an employee subject to this section spends
time waiting for deadhead transportation or in deadhead

H. R. 2095—15
transportation from a duty assignment to the place of final
release in excess of the requirements of paragraph (1).
‘‘(4) If—
‘‘(A) the time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is not time on
duty, plus
‘‘(B) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its officers and agents shall provide the employee with additional
time off duty equal to the number of hours by which such
sum exceeds 12 hours.’’; and
(3) by adding at the end thereof the following:
‘‘(e) COMMUNICATION DURING TIME OFF DUTY.—During a train
employee’s minimum off-duty period of 10 consecutive hours, as
provided under subsection (a) or during an interim period of at
least 4 consecutive hours available for rest under subsection (b)(7)
or during additional off-duty hours under subsection (c)(4), a railroad carrier, and its officers and agents, shall not communicate
with the train employee by telephone, by pager, or in any other
manner that could reasonably be expected to disrupt the employee’s
rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined
by the Secretary. The Secretary may waive the requirements of
this paragraph for commuter or intercity passenger railroads if
the Secretary determines that such a waiver will not reduce safety
and is necessary to maintain such railroads’ efficient operations
and on-time performance of its trains.’’.
(c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOYEES.—Section 21104 is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow its signal employees to remain or go on duty
and a contractor or subcontractor to a railroad carrier and its
officers and agents may not require or allow its signal employees
to remain or go on duty —
‘‘(1) for a period in excess of 12 consecutive hours; or
‘‘(2) unless that employee has had at least 10 consecutive
hours off duty during the prior 24 hours.’’;
(2) by striking ‘‘duty, except that up to one hour of that
time spent returning from the final trouble call of a period
of continuous or broken service is time off duty.’’ in subsection
(b)(3) and inserting ‘‘duty.’’;
(3) by inserting ‘‘A signal employee may not be allowed
to remain or go on duty under the emergency authority provided
under this subsection to conduct routine repairs, routine
maintenance, or routine inspection of signal systems.’’ after
‘‘service.’’ in subsection (c); and
(4) by adding at the end the following:
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal
employee’s minimum off-duty period of 10 consecutive hours, as
provided under subsection (a), a railroad carrier or a contractor
or subcontractor to a railroad carrier, and its officers and agents,
shall not communicate with the signal employee by telephone, by
pager, or in any other manner that could reasonably be expected
to disrupt the employee’s rest. Nothing in this subsection shall

H. R. 2095—16
prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary.
‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, and rest
periods of signal employees shall be governed exclusively by this
chapter. Signal employees operating motor vehicles shall not be
subject to any hours of service rules, duty hours or rest period
rules promulgated by any Federal authority, including the Federal
Motor Carrier Safety Administration, other than the Federal Railroad Administration.’’.
(d) ALTERNATE HOURS OF SERVICE REGIME.—
(1) APPLICATION OF HOURS OF SERVICE REGIME.—Section
21102 is amended—
(A) by striking the section caption and inserting the
following:
‘‘§ 21102. Nonapplication, exemption, and alternate hours of
service regime’’; and
(B) by adding at the end thereof the following:
‘‘(c) APPLICATION OF HOURS OF SERVICE REGIME TO COMMUTER
AND INTERCITY PASSENGER RAILROAD TRAIN EMPLOYEES.—
‘‘(1) When providing commuter rail passenger transportation or intercity rail passenger transportation, the limitations
on duty hours for train employees of railroad carriers, including
public authorities operating passenger service, shall be solely
governed by old section 21103 until the earlier of—
‘‘(A) the effective date of regulations prescribed by the
Secretary under section 21109(b) of this chapter; or
‘‘(B) the date that is 3 years following the date of
enactment of the Rail Safety Improvement Act of 2008.
‘‘(2) After the date on which old section 21103 ceases to
apply, pursuant to paragraph (1), to the limitations on duty
hours for train employees of railroad carriers with respect
to the provision of commuter rail passenger transportation or
intercity rail passenger transportation, the limitations on duty
hours for train employees of such railroad carriers shall be
governed by new section 21103, except as provided in paragraph
(3).
‘‘(3) After the effective date of the regulations prescribed
by the Secretary under section 21109(b) of this title, such
carriers shall—
‘‘(A) comply with the limitations on duty hours for
train employees with respect to the provision of commuter
rail passenger transportation or intercity rail passenger
transportation as prescribed by such regulations; and
‘‘(B) be exempt from complying with the provisions
of old section 21103 and new section 21103 for such
employees.
‘‘(4) In this subsection:
‘‘(A) The terms ‘commuter rail passenger transportation’ and ‘intercity rail passenger transportation’ have
the meaning given those terms in section 24102 of this
title.
‘‘(C) The term ‘new section 21103’ means section 21103
of this chapter as amended by the Rail Safety Improvement
Act of 2008.

H. R. 2095—17
‘‘(D) The term ‘old section 21103’ means section 21103
of this chapter as it was in effect on the day before the
enactment of that Act.’’.
(2) CONFORMING AMENDMENT.—The chapter analysis for
chapter 211 is amended by striking the item relating to section
21102 and inserting the following:
‘‘21102. Nonapplication, exemption, and alternate hours of service regime.’’.

(e) REGULATORY AUTHORITY.—
(1) IN GENERAL.—Chapter 211 is amended by adding at
the end thereof the following:
‘‘§ 21109. Regulatory authority
‘‘(a) IN GENERAL.—In order to improve safety and reduce
employee fatigue, the Secretary may prescribe regulations—
‘‘(1) to reduce the maximum hours an employee may be
required or allowed to go or remain on duty to a level less
than the level established under this chapter;
‘‘(2) to increase the minimum hours an employee may be
required or allowed to rest to a level greater than the level
established under this chapter;
‘‘(3) to limit or eliminate the amount of time an employee
spends waiting for deadhead transportation or in deadhead
transportation from a duty assignment to the place of final
release that is considered neither on duty nor off duty under
this chapter;
‘‘(4) for signal employees—
‘‘(A) to limit or eliminate the amount of time that
is considered to be neither on duty nor off duty under
this chapter that an employee spends returning from an
outlying worksite after scheduled duty hours or returning
from a trouble call to the employee’s headquarters or
directly to the employee’s residence; and
‘‘(B) to increase the amount of time that constitutes
a release period, that does not break the continuity of
service and is considered time off duty; and
‘‘(5) to require other changes to railroad operating and
scheduling practices, including unscheduled duty calls, that
could affect employee fatigue and railroad safety.
‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN
EMPLOYEES OF COMMUTER AND INTERCITY PASSENGER RAILROAD
CARRIERS.—Within 3 years after the date of enactment of the Rail
Safety Improvement Act of 2008, the Secretary shall prescribe regulations and issue orders to establish hours of service requirements
for train employees engaged in commuter rail passenger transportation and intercity rail passenger transportation (as defined in
section 24102 of this title) that may differ from the requirements
of this chapter. Such regulations and orders may address railroad
operating and scheduling practices, including unscheduled duty
calls, communications during time off duty, and time spent waiting
for deadhead transportation or in deadhead transportation from
a duty assignment to the place of final release, that could affect
employee fatigue and railroad safety.
‘‘(c) CONSIDERATIONS.—In issuing regulations under subsection
(a) the Secretary shall consider scientific and medical research
related to fatigue and fatigue abatement, railroad scheduling and
operating practices that improve safety or reduce employee fatigue,

H. R. 2095—18
a railroad’s use of new or novel technology intended to reduce
or eliminate human error, the variations in freight and passenger
railroad scheduling practices and operating conditions, the variations in duties and operating conditions for employees subject
to this chapter, a railroad’s required or voluntary use of fatigue
management plans covering employees subject to this chapter, and
any other relevant factors.
‘‘(d) TIME LIMITS.—
‘‘(1) If the Secretary determines that regulations are necessary under subsection (a), the Secretary shall first request
that the Railroad Safety Advisory Committee develop proposed
regulations and, if the Committee accepts the task, provide
the Committee with a reasonable time period in which to complete the task.
‘‘(2) If the Secretary requests that the Railroad Safety
Advisory Committee accept the task of developing regulations
under subsection (b) and the Committee accepts the task, the
Committee shall reach consensus on the rulemaking within
18 months after accepting the task. If the Committee does
not reach consensus within 18 months after the Secretary
makes the request, the Secretary shall prescribe appropriate
regulations within 18 months.
‘‘(3) If the Secretary does not request that the Railroad
Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary shall prescribe regulations within 3 years after the date of enactment of the Rail
Safety Improvement Act of 2008.
‘‘(e) PILOT PROJECTS.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Rail Safety Improvement Act of 2008,
the Secretary shall conduct at least 2 pilot projects of sufficient
size and scope to analyze specific practices which may be used
to reduce fatigue for train and engine and other railroad
employees as follows:
‘‘(A) A pilot project at a railroad or railroad facility
to evaluate the efficacy of communicating to employees
notice of their assigned shift time 10 hours prior to the
beginning of their assigned shift as a method for reducing
employee fatigue.
‘‘(B) A pilot project at a railroad or railroad facility
to evaluate the efficacy of requiring railroads who use
employee scheduling practices that subject employees to
periods of unscheduled duty calls to assign employees to
defined or specific unscheduled call shifts that are followed
by shifts not subject to call, as a method for reducing
employee fatigue.
‘‘(2) WAIVER.—The Secretary may temporarily waive the
requirements of this section, if necessary, to complete a pilot
project under this subsection.
‘‘(f) DUTY CALL DEFINED.—In this section the term ‘duty call’
means a telephone call that a railroad places to an employee to
notify the employee of his or her assigned shift time.’’.
(2) CONFORMING AMENDMENTS.—
(A) The chapter analysis for chapter 211 is amended
by adding at the end thereof the following:
‘‘21109. Regulatory authority.’’.

H. R. 2095—19
(B) The first sentence of section 21303(a)(1) is amended
by inserting ‘‘including section 21103 (as such section was
in effect on the day before the date of enactment of the
Rail Safety Improvement Act of 2008),’’ after ‘‘this title,’’
the second place it appears.
(f) RECORD KEEPING AND REPORTING.—
(1) REGULATIONS.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall prescribe a regulation revising the requirements for recordkeeping and reporting
for Hours of Service of Railroad Employees contained in part
228 of title 49, Code of Federal Regulations—
(A) to adjust record keeping and reporting requirements to support compliance with chapter 211 of title 49,
United States Code, as amended by this Act;
(B) to authorize electronic record keeping, and
reporting of excess service, consistent with appropriate
considerations for user interface; and
(C) to require training of affected employees and supervisors, including training of employees in the entry of hours
of service data.
(2) PROCEDURE.—In lieu of issuing a notice of proposed
rulemaking as contemplated by section 553 of title 5, United
States Code, the Secretary may utilize the Railroad Safety
Advisory Committee to assist in development of the regulation.
The Secretary may propose and adopt amendments to the
revised regulations thereafter as may be necessary in light
of experience under the revised requirements.
(g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIMITATION
CHANGES.—The amendments made by subsections (a), (b), and (c)
shall take effect 9 months after the date of enactment of this
Act.
SEC.

109.

PROTECTION OF
INFORMATION.

RAILROAD

SAFETY

RISK

ANALYSES

(a) AMENDMENT.—Subchapter I of chapter 201 is amended by
adding at the end thereof the following:
‘‘§ 20118. Prohibition on public disclosure of railroad safety
analysis records
‘‘(a) IN GENERAL.—Except as necessary for the Secretary of
Transportation or another Federal agency to enforce or carry out
any provision of Federal law, any part of any record (including,
but not limited to, a railroad carrier’s analysis of its safety risks
and its statement of the mitigation measures it has identified
with which to address those risks) that the Secretary has obtained
pursuant to a provision of, or regulation or order under, this chapter
related to the establishment, implementation, or modification of
a railroad safety risk reduction program or pilot program is exempt
from the requirements of section 552 of title 5 if the record is—
‘‘(1) supplied to the Secretary pursuant to that safety risk
reduction program or pilot program; or
‘‘(2) made available for inspection and copying by an officer,
employee, or agent of the Secretary pursuant to that safety
risk reduction program or pilot program.
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary
may disclose any part of any record comprised of facts otherwise
available to the public if, in the Secretary’s sole discretion, the

H. R. 2095—20
Secretary determines that disclosure would be consistent with the
confidentiality needed for that safety risk reduction program or
pilot program.
‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.—The Secretary may prohibit the public disclosure of risk analyses or risk
mitigation analyses that the Secretary has obtained under other
provisions of, or regulations or orders under, this chapter if the
Secretary determines that the prohibition of public disclosure is
necessary to promote railroad safety.
‘‘§ 20119. Study on use of certain reports and surveys
‘‘(a) STUDY.—The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest,
including public safety and the legal rights of persons injured
in railroad accidents, to withhold from discovery or admission into
evidence in a Federal or State court proceeding for damages
involving personal injury or wrongful death against a carrier any
report, survey, schedule, list, or data compiled or collected for
the purpose of evaluating, planning, or implementing a railroad
safety risk reduction program required under this chapter, including
a railroad carrier’s analysis of its safety risks and its statement
of the mitigation measures with which it will address those risks.
In conducting this study, the Secretary shall solicit input from
the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the general public.
‘‘(b) AUTHORITY.—Following completion of the study required
under subsection (a), the Secretary, if in the public interest,
including public safety and the legal rights of persons injured
in railroad accidents, may prescribe a rule subject to notice and
comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until
1 year after its adoption.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201 is amended by inserting after the item relating to
section 20117 the following:
‘‘20118. Prohibition on public disclosure of railroad safety analysis records.
‘‘20119. Study on use of certain reports and surveys.’’.
SEC. 110. PILOT PROJECTS.

Section 21108 is amended to read as follows:
‘‘§ 21108. Pilot projects
‘‘(a) IN GENERAL.—As of the date of enactment of the Rail
Safety Improvement Act of 2008, a railroad carrier or railroad
carriers and all nonprofit employee labor organizations representing
any class or craft of directly affected covered service employees
of the railroad carrier or railroad carriers, may jointly petition
the Secretary of Transportation for approval of—
‘‘(1) a waiver of compliance with this chapter as in effect
on the date of enactment of the Rail Safety Improvement Act
of 2008; or
‘‘(2) a waiver of compliance with this chapter as it will
be effective 9 months after the enactment of the Rail Safety
Improvement Act of 2008,
to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the
strict application of the requirements of this chapter, including

H. R. 2095—21
requirements concerning maximum on-duty and minimum off-duty
periods.
‘‘(b) GRANTING OF WAIVERS.—The Secretary may, after notice
and opportunity for comment, approve such waivers described in
subsection (a) for a period not to exceed two years, if the Secretary
determines that such a waiver of compliance is in the public interest
and is consistent with railroad safety.
‘‘(c) EXTENSIONS.—Any such waiver, based on a new petition,
may be extended for additional periods of up to two years, after
notice and opportunity for comment. An explanation of any waiver
granted under this section shall be published in the Federal Register.
‘‘(d) REPORT.—The Secretary of Transportation shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives, no later than December 31, 2012,
or, if no projects are completed prior to December 31, 2012, no
later than 6 months after the completion of a pilot project, a
report that—
‘‘(1) explains and analyzes the effectiveness of any pilot
project established pursuant to a waiver granted under subsection (a);
‘‘(2) describes the status of all other waivers granted under
subsection (a) and their related pilot projects, if any; and
‘‘(3) recommends any appropriate legislative changes to
this chapter.
‘‘(e) DEFINITION.—For purposes of this section, the term ‘directly
affected covered service employees’ means covered service employees
to whose hours of service the terms of the waiver petitioned for
specifically apply.’’.

TITLE
II—HIGHWAY-RAIL
GRADE
CROSSING AND PEDESTRIAN SAFETY
AND TRESPASSER PREVENTION
SEC. 201. PEDESTRIAN CROSSING SAFETY.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall provide guidance to railroads on strategies
and methods to prevent pedestrian accidents, incidents, injuries,
and fatalities at or near passenger stations, including—
(1) providing audible warning of approaching trains to the
pedestrians at railroad passenger stations;
(2) using signs, signals, or other visual devices to warn
pedestrians of approaching trains;
(3) installing infrastructure at pedestrian crossings to
improve the safety of pedestrians crossing railroad tracks;
(4) installing fences to prohibit access to railroad tracks;
and
(5) other strategies or methods as determined by the Secretary.
SEC. 202. STATE ACTION PLANS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall identify the 10 States that

H. R. 2095—22
have had the most highway-rail grade crossing collisions, on average, over the past 3 years and require those States to develop
a State grade crossing action plan within a reasonable period of
time, as determined by the Secretary. The plan shall identify specific
solutions for improving safety at crossings, including highway-rail
grade crossing closures or grade separations, and shall focus on
crossings that have experienced multiple accidents or are at high
risk for such accidents. The Secretary shall provide assistance to
the States in developing and carrying out, as appropriate, the
plan. The plan may be coordinated with other State or Federal
planning requirements and shall cover a period of time determined
to be appropriate by the Secretary. The Secretary may condition
the awarding of any grants under section 20158, 20167, or 22501
of title 49, United States Code, to a State identified under this
section on the development of such State’s plan.
(b) REVIEW AND APPROVAL.—Not later than 60 days after the
Secretary receives a plan under subsection (a), the Secretary shall
review and approve or disapprove it. If the proposed plan is disapproved, the Secretary shall notify the affected State as to the
specific areas in which the proposed plan is deficient, and the
State shall correct all deficiencies within 30 days following receipt
of written notice from the Secretary.
SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL
GRADE CROSSINGS.

(a) IN GENERAL.—Subchapter II of chapter 201, as amended
by section 105 of this division, is further amended by inserting
after section 20158 the following:
‘‘§ 20159. Roadway user sight distance at highway-rail grade
crossings
‘‘Not later than 18 months after the date of enactment of
the Rail Safety Improvement Act of 2008, the Secretary, after
consultation with the Federal Railroad Administration, the Federal
Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by
addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at
highway-rail grade crossings that are equipped solely with passive
warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 105 of this division, is amended
by inserting after the item relating to section 20158 the following
new item:
‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’.
SEC. 204. NATIONAL CROSSING INVENTORY.

(a) IN GENERAL.—Subchapter II of chapter 201, as amended
by section 203 of this division, is further amended by adding at
the end the following new section:
‘‘§ 20160. National crossing inventory
‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY
UNREPORTED CROSSINGS.—Not later than 1 year after the date
of enactment of the Rail Safety Improvement Act of 2008 or 6

H. R. 2095—23
months after a new crossing becomes operational, whichever occurs
later, each railroad carrier shall—
‘‘(1) report to the Secretary of Transportation current
information, including information about warning devices and
signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates or with
respect to the trackage over which it operates; or
‘‘(2) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through
the crossing.
‘‘(b) UPDATING OF CROSSING INFORMATION.—
‘‘(1) On a periodic basis beginning not later than 2 years
after the date of enactment of the Rail Safety Improvement
Act of 2008 and on or before September 30 of every year
thereafter, or as otherwise specified by the Secretary, each
railroad carrier shall—
‘‘(A) report to the Secretary current information, including
information about warning devices and signage, as specified
by the Secretary, concerning each crossing through which it
operates or with respect to the trackage over which it operates;
or
‘‘(B) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through
the crossing.
‘‘(2) A railroad carrier that sells a crossing or any part of
a crossing on or after the date of enactment of the Rail Safety
Improvement Act of 2008 shall, not later than the date that is
18 months after the date of enactment of that Act or 3 months
after the sale, whichever occurs later, or as otherwise specified
by the Secretary, report to the Secretary current information, as
specified by the Secretary, concerning the change in ownership
of the crossing or part of the crossing.
‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall prescribe
the regulations necessary to implement this section. The Secretary
may enforce each provision of the Department of Transportation’s
statement of the national highway-rail crossing inventory policy,
procedures, and instruction for States and railroads that is in
effect on the date of enactment of the Rail Safety Improvement
Act of 2008, until such provision is superseded by a regulation
issued under this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) CROSSING.—The term ‘crossing’ means a location within
a State, other than a location where one or more railroad
tracks cross one or more railroad tracks either at grade or
grade-separated, where—
‘‘(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses one or more railroad tracks either at grade or
grade-separated; or
‘‘(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for the
use of nonvehicular traffic, including pedestrians, bicyclists,
and others, that is not associated with a public highway,
road, or street, or a private roadway, crosses one or more
railroad tracks either at grade or grade-separated.

H. R. 2095—24
‘‘(2) STATE.—The term ‘State’ means a State of the United
States, the District of Columbia, or the Commonwealth of
Puerto Rico.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 203 of this division, is amended
by inserting after the item relating to section 20159 the following:
‘‘20160. National crossing inventory.’’.

(c) REPORTING AND UPDATING.—Section 130 of title 23, United
States Code, is amended by adding at the end the following:
‘‘(l) NATIONAL CROSSING INVENTORY.—
‘‘(1) INITIAL REPORTING OF CROSSING INFORMATION.—Not
later than 1 year after the date of enactment of the Rail
Safety Improvement Act of 2008 or within 6 months of a new
crossing becoming operational, whichever occurs later, each
State shall report to the Secretary of Transportation current
information, including information about warning devices and
signage, as specified by the Secretary, concerning each previously unreported public crossing located within its borders.
‘‘(2) PERIODIC UPDATING OF CROSSING INFORMATION.—On
a periodic basis beginning not later than 2 years after the
date of enactment of the Rail Safety Improvement Act of 2008
and on or before September 30 of every year thereafter, or
as otherwise specified by the Secretary, each State shall report
to the Secretary current information, including information
about warning devices and signage, as specified by the Secretary, concerning each public crossing located within its borders.
‘‘(3) RULEMAKING AUTHORITY.—The Secretary shall prescribe the regulations necessary to implement this subsection.
The Secretary may enforce each provision of the Department
of Transportation’s statement of the national highway-rail
crossing inventory policy, procedures, and instructions for
States and railroads that is in effect on the date of enactment
of the Rail Safety Improvement Act of 2008, until such provision
is superseded by a regulation issued under this subsection.
‘‘(4) DEFINITIONS.—In this subsection—
‘‘(A) ‘public crossing’ means a location within a State,
other than a location where one or more railroad tracks
cross one or more railroad tracks either at grade or gradeseparated, where—
‘‘(i) a public highway, road, or street, including
associated sidewalks and pathways, crosses one or
more railroad tracks either at grade or grade-separated; or
‘‘(ii) a publicly owned pathway explicitly authorized
by a public authority or a railroad carrier and dedicated
for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated
with a public highway, road, or street, or a private
roadway, crosses one or more railroad tracks either
at grade or grade-separated; and
‘‘(B) ‘State’ means a State of the United States, the
District of Columbia, or Puerto Rico.’’.
(d) CIVIL PENALTIES.—
(1) Section 21301(a)(1) is amended—

H. R. 2095—25
(A) by inserting ‘‘with section 20160 or’’ after ‘‘comply’’
in the first sentence; and
(B) by inserting ‘‘section 20160 of this title or’’ after
‘‘violating’’ in the second sentence.
(2) Section 21301(a)(2) is amended by inserting ‘‘The Secretary shall impose a civil penalty for a violation of section
20160 of this title.’’ after the first sentence.
SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

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

H. R. 2095—26
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201 is amended by striking the item relating to section
20152 and inserting the following:
‘‘20152. Notification of grade crossing problems.’’.
SEC. 206. OPERATION LIFESAVER.

(a) GRANT.—The Federal Railroad Administration shall make
a grant or grants to Operation Lifesaver to carry out a public
information and education program to help prevent and reduce
pedestrian, motor vehicle, and other accidents, incidents, injuries,
and fatalities, and to improve awareness along railroad rightsof-way and at highway-rail grade crossings. The program shall
include, as appropriate, development, placement, and dissemination
of Public Service Announcements in newspaper, radio, television,
and other media. The program shall also include, as appropriate,
school presentations, brochures and materials, support for public
awareness campaigns, and related support for the activities of Operation Lifesaver’s member organizations. As part of an educational
program funded by grants awarded under this section, Operation
Lifesaver shall provide information to the public on how to identify
and report to the appropriate authorities unsafe or malfunctioning
highway-rail grade crossings.
(b) PILOT PROGRAM.—The Secretary may allow funds provided
under subsection (a) also to be used by Operation Lifesaver to
implement a pilot program, to be known as the Railroad Safety
Public Awareness Program, that addresses the need for targeted
and sustained community outreach on the subjects described in
subsection (a). Such a pilot program shall be established in 1
or more States identified under section 202 of this division. In
carrying out such a pilot program Operation Lifesaver shall work
with the State, community leaders, school districts, and public
and private partners to identify the communities at greatest risk,
to develop appropriate measures to reduce such risks, and shall
coordinate the pilot program with the State grade crossing action
plan.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Federal Railroad Administration for carrying out this section—
(1) $2,000,000 for each of fiscal years 2010 and 2011; and
(2) $1,500,000 for each of fiscal years 2012 and 2013.
SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE
CROSSING SAFETY.

(a) IN GENERAL.—Part B of subtitle V is amended by adding
at the end thereof the following:
‘‘CHAPTER 225—FEDERAL GRANTS TO STATES FOR
HIGHWAY-RAIL GRADE CROSSING SAFETY
‘‘Sec.
‘‘22501.
‘‘22502.
‘‘22503.
‘‘22504.
‘‘22505.

Financial assistance to States for certain projects.
Distribution.
Standards for awarding grants.
Use of funds.
Authorization of appropriations.

‘‘§ 22501. Financial assistance to States for certain projects
‘‘The Secretary of Transportation shall make grants—

H. R. 2095—27
‘‘(1) to a maximum of 3 States per year for development
or continuance of enhanced public education and awareness
activities, in combination with targeted law enforcement, to
significantly reduce violations of traffic laws at highway-rail
grade crossings and to help prevent and reduce injuries and
fatalities along railroad rights-of-way; and
‘‘(2) to provide for priority highway-rail grade crossing
safety improvements, including the installation, repair, or
improvement of—
‘‘(A) railroad crossing signals, gates, and related technologies, including median barriers and four quadrant
gates;
‘‘(B) highway traffic signalization, including highway
signals tied to railroad signal systems;
‘‘(C) highway lighting and crossing approach signage;
‘‘(D) roadway improvements, including railroad
crossing panels and surfaces; and
‘‘(E) related work to mitigate dangerous conditions.
‘‘§ 22502. Distribution
‘‘The Secretary shall provide the grants to the State agency
or agencies responsible for highway-rail grade crossing safety.
‘‘§ 22503. Standards for awarding grants
‘‘(a) SECTION 22501(1) GRANTS.—The Secretary shall provide
grants under section 22501(1) based upon the merits of the proposed
program of activities provided by the State and upon a determination of where the grants will provide the greatest safety benefits.
The Secretary may give priority to States that have developed
and implemented a State grade crossing action plan, as described
under section 202 of the Rail Safety Improvement Act of 2008.
‘‘(b) SECTION 22501(2) GRANTS.—The Secretary shall provide
grants to State and local governments under section 22501(2) to
provide priority grade crossing safety improvements on an expedited
basis at a location where there has been a highway-rail grade
crossing collision within the previous two years involving major
loss of life or multiple serious bodily injuries.
‘‘§ 22504. Use of funds
‘‘(a) IN GENERAL.—Any State receiving a grant under section
22501(1) shall use the funds to develop, implement, and continue
to measure the effectiveness of a dedicated program of public education and enforcement of highway-rail crossing safety laws and
to prevent casualties along railroad rights-of-way. The Secretary
may not make a grant under this chapter available to assist a
State or political subdivision thereof in establishing or continuing
a quiet zone pursuant to part 222 of title 49, Code of Federal
Regulations.
‘‘(b) MAXIMUM GRANT AMOUNT UNDER SECTION 22501(2).—No
grant awarded under section 22501(2) may exceed $250,000.
‘‘§ 22505. Authorization of appropriations
‘‘There are authorized to be appropriated to the Secretary
$1,500,000 for each of fiscal years 2010 through 2013 to carry
out the provisions of section 22501(1) of this chapter. There are
authorized to be appropriated to the Secretary $1,500,000 for each
of fiscal years 2010 through 2013 to carry out the provisions of

H. R. 2095—28
section 22501(2) of this chapter. Amounts appropriated pursuant
to this section shall remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The subtitle analysis for subtitle V is amended by inserting after the item relating to chapter
223 the following:
‘‘225. Federal grants to States for highway-rail grade crossing safety ..............22501’’.
SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE
CROSSING SAFETY.

(a) TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE
CROSSING WARNING SIGN VIOLATIONS.—Section 20151 is amended—
(1) by striking the section heading and inserting the following:
‘‘§ 20151. Railroad trespassing, vandalism, and highway-rail
grade crossing warning sign violation prevention
strategy’’;
(2) by striking subsection (a) and inserting the following:
‘‘(a) EVALUATION OF EXISTING LAWS.—In consultation with
affected parties, the Secretary of Transportation shall evaluate and
review current local, State, and Federal laws regarding trespassing
on railroad property, vandalism affecting railroad safety, and violations of highway-rail grade crossing signs, signals, markings, or
other warning devices and develop model prevention strategies
and enforcement laws to be used for the consideration of State
and local legislatures and governmental entities. The first such
evaluation and review shall be completed within 1 year after the
date of enactment of the Rail Safety Improvement Act of 2008.
The Secretary shall revise the model prevention strategies and
enforcement codes periodically.’’;
(3) by inserting ‘‘FOR TRESPASSING AND VANDALISM PREVENTION’’ in the subsection heading of subsection (b) after ‘‘OUTREACH PROGRAM’’;
(4) in subsection (c)—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEGISLATION.—
’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) Not later than 18 months after the date of enactment
of the Rail Safety Improvement Act of 2008, the Secretary, after
consultation with State and local governments and railroad carriers,
shall develop and make available to State and local governments
model State legislation providing for civil or criminal penalties,
or both, for violations of highway-rail grade crossing signs, signals,
markings, or other warning devices.’’; and
(5) by adding at the end the following new subsection:
‘‘(d) DEFINITION.—In this section, the term ‘violation of highway-rail grade crossing signs, signals, markings, or other warning
devices’ includes any action by a motorist, unless directed by an
authorized safety officer—
‘‘(1) to drive around a grade crossing gate in a position
intended to block passage over railroad tracks;
‘‘(2) to drive through a flashing grade crossing signal;
‘‘(3) to drive through a grade crossing with passive warning
signs without ensuring that the grade crossing could be safely
crossed before any train arrived; and

H. R. 2095—29
‘‘(4) in the vicinity of a grade crossing, who creates a
hazard of an accident involving injury or property damage
at the grade crossing.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201 is amended by striking the item relating to section
20151 and inserting the following:
‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning
sign violation prevention strategy.’’.

(c) EDUCATIONAL OR
TION.—Section 20134(a)

AWARENESS PROGRAM ITEMS FOR DISTRIBUis amended by adding at the end the following: ‘‘The Secretary may purchase items of nominal value and
distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this
section and of any other sections of this title related to improving
the safety of highway-rail crossings and to preventing trespass
on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.’’.
SEC. 209. ACCIDENT AND INCIDENT REPORTING.

The Federal Railroad Administration shall conduct an audit
of each Class I railroad at least once every 2 years and conduct
an audit of each non-Class I railroad at least once every 5 years
to ensure that all grade crossing collisions and fatalities are
reported to any Federal national accident database.
SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO
IMPROVE SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS.

(a) AMENDMENT.—Subchapter II of chapter 201, as amended
by section 204 of this division, is further amended by adding at
the end the following:
‘‘§ 20161. Fostering introduction of new technology to
improve safety at highway-rail grade crossings
‘‘(a) FINDINGS.—
‘‘(1) Collisions between highway users and trains at highway-rail grade crossings continue to cause an unacceptable
loss of life, serious personal injury, and property damage.
‘‘(2) While elimination of at-grade crossings through consolidation of crossings and grade separations offers the greatest
long-term promise for optimizing the safety and efficiency of
the two modes of transportation, over 140,000 public grade
crossings remain on the general rail system—approximately
one for each route mile on the general rail system.
‘‘(3) Conventional highway traffic control devices such as
flashing lights and gates are often effective in warning motorists of a train’s approach to an equipped crossing.
‘‘(4) Since enactment of the Highway Safety Act of 1973,
over $4,200,000,000 of Federal funding has been invested in
safety improvements at highway-rail grade crossings, yet a
majority of public highway-rail grade crossings are not yet
equipped with active warning systems.
‘‘(5) The emergence of new technologies presents opportunities for more effective and affordable warnings and safer passage of highway users and trains at remaining highway-rail
grade crossings.

H. R. 2095—30
‘‘(6) Implementation of new crossing safety technology will
require extensive cooperation between highway authorities and
railroad carriers.
‘‘(7) Federal Railroad Administration regulations establishing performance standards for processor-based signal and
train control systems provide a suitable framework for qualification of new or novel technology at highway-rail grade crossings,
and the Federal Highway Administration’s Manual on Uniform
Traffic Control Devices provides an appropriate means of determining highway user interface with such new technology.
‘‘(b) POLICY.—It is the policy of the United States to encourage
the development of new technology that can prevent loss of life
and injuries at highway-rail grade crossings. The Secretary of
Transportation is designated to carry out this policy in consultation
with States and necessary public and private entities.
‘‘(c) SUBMISSION OF NEW TECHNOLOGY PROPOSALS.—Railroad
carriers and railroad suppliers may submit for review and approval
to the Secretary such new technology designed to improve safety
at highway-rail grade crossings. The Secretary shall approve by
order the new technology designed to improve safety at highwayrail grade crossings in accordance with Federal Railroad Administration standards for the development and use of processor-based
signal and train control systems and shall consider the effects
on safety of highway-user interface with the new technology.
‘‘(d) EFFECT OF SECRETARIAL APPROVAL.—If the Secretary
approves by order new technology to provide warning to highway
users at a highway-rail grade crossing and such technology is
installed at a highway-rail grade crossing in accordance with the
conditions of the approval, this determination preempts any State
statute or regulation concerning the adequacy of the technology
in providing warning at the crossing.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 204 of this division, is further
amended by inserting after the item relating to section 20160,
the following:
‘‘20161. Fostering introduction of new technology to improve safety at highway-rail
grade crossings.’’.

TITLE III—FEDERAL RAILROAD
ADMINISTRATION
SEC. 301. HUMAN CAPITAL INCREASES.

(a) IN GENERAL.—The Secretary shall increase the number
of Federal Railroad Administration employees by—
(1) 50 employees in fiscal year 2009;
(2) 50 employees in fiscal year 2010;
(3) 50 employees in fiscal year 2011;
(4) 25 employees in fiscal year 2012; and
(5) 25 employees in fiscal year 2013.
(b) FUNCTIONS.—In increasing the number of employees pursuant to subsection (a), the Secretary shall focus on hiring
employees—
(1) specifically trained to conduct on-site railroad and highway-rail grade crossing accident investigations;
(2) to implement the Railroad Safety Strategy;

H. R. 2095—31
(3) to administer and implement section 20156 of title
49, United States Code, relating to the Railroad Safety Risk
Reduction Program;
(4) to conduct routine inspections and audits of railroad
and hazardous materials facilities and records for compliance
with railroad safety laws and regulations;
(5) to inspect railroad bridges, tunnels, and related infrastructure, and to review or analyze railroad bridge, tunnel,
and related infrastructure inspection reports;
(6) to prevent or respond to natural or manmade emergency
situations or events involving rail infrastructure or employees;
(7) to implement section 20157 of title 49, United States
Code, relating to positive train control systems;
(8) to implement section 20164 of title 49, United States
Code, relating to the development and use of rail safety technology; and
(9) to support the Federal Railroad Administration’s safety
mission.
SEC. 302. CIVIL PENALTY INCREASES.

(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 21301(a)(2)
is amended—
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’.
(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER 201; VIOLATIONS OF CHAPTERS 203 THROUGH 209.—Section 21302(a)(2) is
amended—
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’.
(c) VIOLATIONS OF CHAPTER 211.—Section 21303(a)(2) is
amended—
(1) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000.’’; and
(2) by striking ‘‘$20,000.’’ and inserting ‘‘$100,000.’’.
SEC. 303. ENFORCEMENT REPORT.

(a) IN GENERAL.—Subchapter I of chapter 201, as amended
by section 109 of this division, is amended by adding at the end
the following:
‘‘§ 20120. Enforcement report
‘‘(a) IN GENERAL.—Beginning not later than December 31, 2009,
the Secretary of Transportation shall make available to the public
and publish on its public website an annual report that—
‘‘(1) provides a summary of railroad safety and hazardous
materials compliance inspections and audits that Federal or
State inspectors conducted in the prior fiscal year organized
by type of alleged violation, including track, motive power and
equipment, signal, grade crossing, operating practices, accident
and incidence reporting, and hazardous materials;
‘‘(2) provides a summary of all enforcement actions taken
by the Secretary or the Federal Railroad Administration during
the prior fiscal year, including—
‘‘(A) the number of civil penalties assessed;
‘‘(B) the initial amount of civil penalties assessed;
‘‘(C) the number of civil penalty cases settled;
‘‘(D) the final amount of civil penalties assessed;
‘‘(E) the difference between the initial and final
amounts of civil penalties assessed;

H. R. 2095—32
‘‘(F) the number of administrative hearings requested
and completed related to hazardous materials transportation law violations or enforcement actions against individuals;
‘‘(G) the number of cases referred to the Attorney General for civil or criminal prosecution;
‘‘(H) the number and subject matter of all compliance
orders, emergency orders, or precursor agreements;
‘‘(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate
of reported accidents and incidents and railroad safety;
‘‘(4) provide the information required by paragraphs (2)
and (3)—
‘‘(A) for each Class I railroad individually; and
‘‘(B) in the aggregate for—
‘‘(i) Class II railroads;
‘‘(ii) Class III railroads;
‘‘(iii) hazardous materials shippers; and
‘‘(iv) individuals;
‘‘(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average
length of time it took to be decided by—
‘‘(A) the Locomotive Engineer Review Board;
‘‘(B) an Administrative Hearing Officer or Administrative Law Judge; or
‘‘(C) the Administrator of the Federal Railroad
Administration;
‘‘(6) provides an explanation regarding any changes in the
Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the
information reported; and
‘‘(7) includes any additional information that the Secretary
determines is useful to improve the transparency of its enforcement program.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 109 of this division, is amended
by inserting after the item relating to section 20119 the following:
‘‘20120. Enforcement report.’’.
SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY.

Section 20104(a)(1) is amended by striking ‘‘death or personal
injury’’ and inserting ‘‘death, personal injury, or significant harm
to the environment’’.
SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETYSENSITIVE FUNCTIONS FOR A VIOLATION OF HAZARDOUS
MATERIALS TRANSPORTATION LAW.

Section 20111(c) is amended to read as follows:
‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING
SAFETY-SENSITIVE FUNCTIONS.—
‘‘(1) If an individual’s violation of this part, chapter 51
of this title, or a regulation prescribed, or an order issued,
by the Secretary under this part or chapter 51 of this title
is shown to make that individual unfit for the performance
of safety-sensitive functions, the Secretary, after providing
notice and an opportunity for a hearing, may issue an order
prohibiting the individual from performing safety-sensitive

H. R. 2095—33
functions in the railroad industry for a specified period of
time or until specified conditions are met.
‘‘(2) This subsection does not affect the Secretary’s authority
under section 20104 of this title to act on an emergency basis.’’.
SEC. 306. RAILROAD RADIO MONITORING AUTHORITY.

Section 20107 is amended by inserting at the end the following:
‘‘(c) RAILROAD RADIO COMMUNICATIONS.—
‘‘(1) IN GENERAL.—To carry out the Secretary’s responsibilities under this part and under chapter 51, the Secretary may
authorize officers, employees, or agents of the Secretary to
conduct, with or without making their presence known, the
following activities in circumstances the Secretary finds to be
reasonable:
‘‘(A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the
communication, but only where such communication is
broadcast or transmitted over a radio frequency which is—
‘‘(i) authorized for use by one or more railroad
carriers by the Federal Communications Commission;
and
‘‘(ii) primarily used by such railroad carriers for
communications in connection with railroad operations.
‘‘(B) Communicating the existence, contents, substance,
purport, effect, or meaning of the communication, subject
to the restrictions in paragraph (3).
‘‘(C) Receiving or assisting in receiving the communication (or any information therein contained).
‘‘(D) Disclosing the contents, substance, purport, effect,
or meaning of the communication (or any part thereof
of such communication) or using the communication (or
any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or acquired knowledge of the contents, substance,
purport, effect, or meaning of the communication (or any
part thereof).
‘‘(E) Recording the communication by any means,
including writing and tape recording.
‘‘(2) ACCIDENT AND INCIDENT PREVENTION AND INVESTIGATION.—The Secretary, and officers, employees, and agents of
the Department of Transportation authorized by the Secretary,
may engage in the activities authorized by paragraph (1) for
the purpose of accident and incident prevention and investigation.
‘‘(3) USE OF INFORMATION.—(A) Information obtained
through activities authorized by paragraphs (1) and (2) shall
not be admitted into evidence in any administrative or judicial
proceeding except—
‘‘(i) in a prosecution of a felony under Federal or State
criminal law; or
‘‘(ii) to impeach evidence offered by a party other than
the Federal Government regarding the existence, electronic
characteristics, content, substance, purport, effect,
meaning, or timing of, or identity of parties to, a communication intercepted pursuant to paragraphs (1) and (2)
in proceedings pursuant to section 5122, 5123, 20702(b),
20111, 20112, 20113, or 20114 of this title.

H. R. 2095—34
‘‘(B) If information obtained through activities set forth
in paragraphs (1) and (2) is admitted into evidence for impeachment purposes in accordance with subparagraph (A), the court,
administrative law judge, or other officer before whom the
proceeding is conducted may make such protective orders
regarding the confidentiality or use of the information as may
be appropriate in the circumstances to protect privacy and
administer justice.
‘‘(C) No evidence shall be excluded in an administrative
or judicial proceeding solely because the government would
not have learned of the existence of or obtained such evidence
but for the interception of information that is not admissible
in such proceeding under subparagraph (A).
‘‘(D) Information obtained through activities set forth in
paragraphs (1) and (2) shall not be subject to publication or
disclosure, or search or review in connection therewith, under
section 552 of title 5.
‘‘(E) Nothing in this subsection shall be construed to impair
or otherwise affect the authority of the United States to intercept a communication, and collect, retain, analyze, use, and
disseminate the information obtained thereby, under a provision of law other than this subsection.
‘‘(4) APPLICATION WITH OTHER LAW.—Section 705 of the
Communications Act of 1934 (47 U.S.C. 605) and chapter 119
of title 18 shall not apply to conduct authorized by and pursuant
to this subsection.’’.
SEC.

307.

UPDATE OF
WEBSITE.

FEDERAL

RAILROAD

ADMINISTRATION’S

(a) IN GENERAL.—The Secretary shall update the Federal Railroad Administration’s public website to better facilitate the ability
of the public, including those individuals who are not regular users
of the public website, to find current information regarding the
Federal Railroad Administration’s activities.
(b) PUBLIC REPORTING OF VIOLATIONS.—On the Federal Railroad Administration’s public website’s home page, the Secretary
shall provide a mechanism for the public to submit written reports
of potential violations of Federal railroad safety and hazardous
materials transportation laws, regulations, and orders to the Federal Railroad Administration.
SEC. 308. EMERGENCY WAIVERS.

Section 20103 is amended—
(1) by striking ‘‘WAIVERS.—’’ in subsection (d) and inserting
‘‘NONEMERGENCY WAIVERS.—’’;
(2) by striking subsection (e) and inserting the following:
‘‘(e) HEARINGS.—The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or
issuing an order under this part, including a regulation or order
establishing, amending, or providing a waiver, described in subsection (d), of compliance with a railroad safety regulation prescribed or order issued under this part. An opportunity for an
oral presentation shall be provided.’’; and
(3) by adding at the end thereof the following:
‘‘(g) EMERGENCY WAIVERS.—
‘‘(1) IN GENERAL.—The Secretary may waive compliance
with any part of a regulation prescribed or order issued under

H. R. 2095—35
this part without prior notice and comment if the Secretary
determines that—
‘‘(A) it is in the public interest to grant the waiver;
‘‘(B) the waiver is not inconsistent with railroad safety;
and
‘‘(C) the waiver is necessary to address an actual or
impending emergency situation or emergency event.
‘‘(2) PERIOD OF WAIVER.—A waiver under this subsection
may be issued for a period of not more than 60 days and
may be renewed upon application to the Secretary only after
notice and an opportunity for a hearing on the waiver. The
Secretary shall immediately revoke the waiver if continuation
of the waiver would not be consistent with the goals and objectives of this part.
‘‘(3) STATEMENT OF REASONS.—The Secretary shall state
in the decision issued under this subsection the reasons for
granting the waiver.
‘‘(4) CONSULTATION.—In granting a waiver under this subsection, the Secretary shall consult and coordinate with other
Federal agencies, as appropriate, for matters that may impact
such agencies.
‘‘(5) EMERGENCY SITUATION; EMERGENCY EVENT.—In this
subsection, the terms ‘emergency situation’ and ‘emergency
event’ mean a natural or manmade disaster, such as a hurricane, flood, earthquake, mudslide, forest fire, snowstorm, terrorist act, biological outbreak, release of a dangerous radiological, chemical, explosive, or biological material, or a warrelated activity, that poses a risk of death, serious illness,
severe injury, or substantial property damage. The disaster
may be local, regional, or national in scope.’’.
SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL.

Section 20112(a) is amended—
(1) by inserting ‘‘this part, except for section 20109 of
this title, or’’ in paragraph (1) after ‘‘enforce,’’;
(2) by striking ‘‘21301’’ in paragraph (2) and inserting
‘‘21301, 21302, or 21303’’;
(3) by striking ‘‘subpena’’ in paragraph (3) and inserting
‘‘subpoena, request for admissions, request for production of
documents or other tangible things, or request for testimony
by deposition’’; and
(4) by striking ‘‘chapter.’’ in paragraph (3) and inserting
‘‘part.’’.
SEC. 310. CRIMINAL PENALTIES.

Section 21311(b) is amended to read as follows:
‘‘(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not
filing a report in violation of section 20901 of this title shall be
fined not more than $2,500. A separate violation occurs for each
day the violation continues.’’.

H. R. 2095—36

TITLE IV—RAILROAD SAFETY
ENHANCEMENTS
SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS.

(a) AMENDMENT.—Subchapter II of chapter 201, as amended
by section 210 of this division, is further amended by adding at
the end the following new section:
‘‘§ 20162. Minimum training standards and plans
‘‘(a) IN GENERAL.—The Secretary of Transportation shall, not
later than 1 year after the date of enactment of the Rail Safety
Improvement Act of 2008, establish—
‘‘(1) minimum training standards for each class and craft
of safety-related railroad employee (as defined in section 20102)
and equivalent railroad carrier contractor and subcontractor
employees, which shall require railroad carriers, contractors,
and subcontractors to qualify or otherwise document the proficiency of such employees in each such class and craft
regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations and railroad carrier
rules and procedures promulgated to implement those Federal
railroad safety laws and regulations;
‘‘(2) a requirement that railroad carriers, contractors, and
subcontractors develop and submit training and qualification
plans to the Secretary for approval, including training programs
and information deemed necessary by the Secretary to ensure
that all safety-related railroad employees receive appropriate
training in a timely manner; and
‘‘(3) a minimum training curriculum, and ongoing training
criteria, testing, and skills evaluation measures to ensure that
safety-related railroad employees, and contractor and subcontractor employees, charged with the inspection of track or railroad equipment are qualified to assess railroad compliance
with Federal standards to identify defective conditions and
initiate immediate remedial action to correct critical safety
defects that are known to contribute to derailments, accidents,
incidents, or injuries, and, in implementing the requirements
of this paragraph, take into consideration existing training
programs of railroad carriers.
‘‘(b) APPROVAL.—The Secretary shall review and approve the
plans required under subsection (a)(2) utilizing an approval process
required for programs to certify the qualification of locomotive engineers pursuant to part 240 of title 49, Code of Federal Regulations.
‘‘(c) EXEMPTION.—The Secretary may exempt railroad carriers
and railroad carrier contractors and subcontractors from submitting
training plans for which the Secretary has issued training regulations before the date of enactment of the Rail Safety Improvement
Act of 2008.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 210 of this division, is amended
by inserting after the item relating to section 20161 the following:
‘‘20162. Minimum training standards and plans.’’.

H. R. 2095—37
SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF
EMPLOYEES.

(a) AMENDMENT.—Subchapter II of chapter 201, as amended
by section 401 of this division, is further amended by adding at
the end the following new section:
‘‘§ 20163. Certification of train conductors
‘‘(a) REGULATIONS.—Not later than 18 months after the date
of enactment of the Rail Safety Improvement Act of 2008, the
Secretary of Transportation shall prescribe regulations to establish
a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that train
conductors be trained, in accordance with the training standards
developed pursuant to section 20162.
‘‘(b) PROGRAM REQUIREMENTS.—In developing the regulations
required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).’’.
(b) REPORT.—Not later than 6 months after promulgating regulations under section 20162 of title 49, United States Code, the
Secretary shall issue a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure about
whether the certification of certain crafts or classes of railroad
carrier or railroad carrier contractor or subcontractor employees
is necessary to reduce the number and rate of accidents and
incidents or to improve railroad safety.
(c) CRAFTS AND CLASSES TO BE CONSIDERED.—As part of the
report, the Secretary shall consider—
(1) car repair and maintenance employees;
(2) onboard service workers;
(3) rail welders;
(4) dispatchers;
(5) signal repair and maintenance employees; and
(6) any other craft or class of employees that the Secretary
determines appropriate.
(d) REGULATIONS.—The Secretary may prescribe regulations
requiring the certification of certain crafts or classes of employees
that the Secretary determines pursuant to the report required by
paragraph (1) are necessary to reduce the number and rate of
accidents and incidents or to improve railroad safety.
(e) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 401 of this division, is amended
by inserting after the item relating to section 20162 the following:
‘‘20163. Certification of train conductors.’’.
SEC. 403. TRACK INSPECTION TIME STUDY.

(a) STUDY.—Not later that 2 years after the date of enactment
of this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report containing the results of a study to determine
whether—
(1) the required intervals of track inspections for each
class of track should be amended;
(2) track remedial action requirements should be amended;
(3) different track inspection and repair priorities or
methods should be required; and

H. R. 2095—38
(4) the speed at which railroad track inspection vehicles
operate and the scope of the territory they generally cover
allow for proper inspection of the track and whether such
speed and appropriate scope should be regulated by the Secretary.
(b) CONSIDERATIONS.—In conducting the study the Secretary
shall consider—
(1) the most current rail flaw, rail defect growth, rail
fatigue, and other relevant track- or rail-related research and
studies;
(2) the availability and feasibility of developing and implementing new or novel rail inspection technology for routine
track inspections;
(3) information from National Transportation Safety Board
or Federal Railroad Administration accident investigations
where track defects were the cause or a contributing cause;
and
(4) other relevant information, as determined by the Secretary.
(c) UPDATE OF REGULATIONS.—Not later than 2 years after
the completion of the study required by subsection (a), the Secretary
shall prescribe regulations based on the results of the study conducted under subsection (a).
(d) CONCRETE CROSS TIES.—Not later than 18 months after
the date of enactment of this Act, the Secretary shall promulgate
regulations for concrete cross ties. In developing the regulations
for class 1 through 5 track, the Secretary may address, as appropriate—
(1) limits for rail seat abrasion;
(2) concrete cross tie pad wear limits;
(3) missing or broken rail fasteners;
(4) loss of appropriate toeload pressure;
(5) improper fastener configurations; and
(6) excessive lateral rail movement.
SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION
PLATFORM GAPS.

Not later than 2 years after the enactment of this Act, the
Secretary shall complete a study to determine the most safe, efficient, and cost-effective way to improve the safety of rail passenger
station platforms gaps in order to increase compliance with the
requirements under the Americans with Disabilities Act (42 U.S.C.
12101 et seq.), including regulations issued pursuant to section
504 of such Act (42 U.S.C. 12204) and to minimize the safety
risks associated with such gaps for railroad passengers and
employees.
SEC. 405. LOCOMOTIVE CAB STUDIES.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, through the Railroad Safety
Advisory Committee if the Secretary makes such a request, shall
complete a study on the safety impact of the use of personal electronic devices, including cell phones, video games, and other distracting devices, by safety-related railroad employees (as defined
in section 20102(4) of title 49, United States Code), during the
performance of such employees’ duties. The study shall consider
the prevalence of the use of such devices.

H. R. 2095—39
(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary may also
study other elements of the locomotive cab environment and their
effect on an employee’s health and safety.
(c) REPORT.—Not later than 6 months after the completion
of any study under this section, the Secretary shall issue a report
on the study to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(d) AUTHORITY.—Based on the conclusions of the study required
under (a), the Secretary of Transportation may prohibit the use
of personal electronic devices, such as cell phones, video games,
or other electronic devices that may distract employees from safely
performing their duties, unless those devices are being used
according to railroad operating rules or for other work purposes.
Based on the conclusions of other studies conducted under subsection (b), the Secretary may prescribe regulations to improve
elements of the cab environment to protect an employee’s health
and safety.
SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.

(a) IN GENERAL.—Subchapter II of chapter 201, as amended
by section 402 of this division, is further amended by adding at
the end the following new section:
‘‘§ 20164. Development and use of rail safety technology
‘‘(a) IN GENERAL.—Not later than 1 year after enactment of
the Railroad Safety Enhancement Act of 2008, the Secretary of
Transportation shall prescribe standards, guidance, regulations, or
orders governing the development, use, and implementation of rail
safety technology in dark territory, in arrangements not defined
in section 20501 or otherwise not covered by Federal standards,
guidance, regulations, or orders that ensure the safe operation
of such technology, such as—
‘‘(1) switch position monitoring devices or indicators;
‘‘(2) radio, remote control, or other power-assisted switches;
‘‘(3) hot box, high water, or earthquake detectors;
‘‘(4) remote control locomotive zone limiting devices;
‘‘(5) slide fences;
‘‘(6) grade crossing video monitors;
‘‘(7) track integrity warning systems; or
‘‘(8) other similar rail safety technologies, as determined
by the Secretary.
‘‘(b) DARK TERRITORY DEFINED.—In this section, the term ‘dark
territory’ means any territory in a railroad system that does not
have a signal or train control system installed or operational.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 402 of this division, is amended
by inserting after the item relating to section 20163 the following:
‘‘20164. Development and use of rail safety technology.’’.
SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS.

Section 20102(3), as redesignated by section 2(b) of this division,
is amended to read as follows:
‘‘(3) ‘railroad carrier’ means a person providing railroad
transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines
is operating within the United States as a single, integrated

H. R. 2095—40
rail system, the Secretary may by order treat the group of
railroad carriers as a single railroad carrier for purposes of
one or more provisions of part A, subtitle V of this title and
implementing regulations and order, subject to any appropriate
conditions that the Secretary may impose.’’.
SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete a study of the impacts of repealing
section 711 of the Regional Rail Reorganization Act of 1973 (45
U.S.C. 797j). Not later than 6 months after completing the study,
the Secretary shall transmit a report with the Secretary’s findings,
conclusions, and recommendations to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.
SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG
TESTING BY RAILROAD CARRIERS.

(a) IN GENERAL.—Chapter 201, as amended by section 406
of this division, is further amended by adding at the end the
following:
‘‘§ 20165. Limitations on non-Federal alcohol and drug testing
‘‘(a) TESTING REQUIREMENTS.—Any non-Federal alcohol and
drug testing program of a railroad carrier must provide that all
post-employment tests of the specimens of employees who are subject to both the program and chapter 211 of this title be conducted
using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the
cut-off level established by the carrier.
‘‘(b) REDRESS PROCESS.—Each railroad carrier that has a nonFederal alcohol and drug testing program must provide a redress
process to its employees who are subject to both the alcohol and
drug testing program and chapter 211 of this title for such an
employee to petition for and receive a carrier hearing to review
his or her specimen test results that were determined to be in
violation of the program. A dispute or grievance raised by a railroad
carrier or its employee, except a probationary employee, in connection with the carrier’s alcohol and drug testing program and the
application of this section is subject to resolution under section
3 of the Railway Labor Act (45 U.S.C. 153).’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 406 of this division, is further
amended by inserting after the item relating to section 20164 the
following:
‘‘20165. Limitations on non-Federal alcohol and drug testing by railroad carriers.’’.
SEC. 410. CRITICAL INCIDENT STRESS PLAN.

(a) IN GENERAL.—The Secretary of Transportation, in consultation with the Secretary of Labor and the Secretary of Health and
Human Services, as appropriate, shall require each Class I railroad
carrier, each intercity passenger railroad carrier, and each commuter railroad carrier to develop and submit for approval to the
Secretary a critical incident stress plan that provides for debriefing,
counseling, guidance, and other appropriate support services to
be offered to an employee affected by a critical incident.

H. R. 2095—41
(b) PLAN REQUIREMENTS.—Each such plan shall include provisions for—
(1) relieving an employee who was involved in a critical
incident of his or her duties for the balance of the duty tour,
following any actions necessary for the safety of persons and
contemporaneous documentation of the incident;
(2) upon the employee’s request, relieving an employee
who witnessed a critical incident of his or her duties following
any actions necessary for the safety of persons and contemporaneous documentation of the incident; and
(3) providing such leave from normal duties as may be
necessary and reasonable to receive preventive services, treatment, or both, related to the incident.
(c) SECRETARY TO DEFINE WHAT CONSTITUTES A CRITICAL
INCIDENT.—Within 30 days after the date of enactment of this
Act, the Secretary shall initiate a rulemaking proceeding to define
the term ‘‘critical incident’’ for the purposes of this section.
SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION
STUDY.

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

H. R. 2095—42
employees from unsafe exposure to radiation during the transportation of radioactive materials.
SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR
MAINTENANCE-OF-WAY EMPLOYEES.

Not later than 2 years following the date of enactment of
this Act, the Secretary of Transportation shall complete a rulemaking proceeding to revise the regulations prescribed under section 20140 of title 49, United States Code, to cover all employees
of railroad carriers and contractors or subcontractors to railroad
carriers who perform maintenance-of-way activities.
SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS.

(a) AMENDMENT.—Subchapter II of chapter 201, as amended
by section 409 of this division, is further amended by adding at
the end the following new section:
‘‘§ 20166. Emergency escape breathing apparatus
‘‘Not later than 18 months after the date of enactment of
the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations that require railroad carriers—
‘‘(1) to provide emergency escape breathing apparatus suitable to provide head and neck coverage with respiratory protection for all crewmembers in locomotive cabs on freight trains
carrying hazardous materials that would pose an inhalation
hazard in the event of release;
‘‘(2) to provide convenient storage in each freight train
locomotive to enable crewmembers to access such apparatus
quickly;
‘‘(3) to maintain such equipment in proper working condition; and
‘‘(4) to provide their crewmembers with appropriate
training for using the breathing apparatus.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 409 of this division, is amended
by inserting after the item relating to section 20165 the following:
‘‘20166. Emergency escape breathing apparatus.’’.
SEC. 414. TUNNEL INFORMATION.

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

H. R. 2095—43
methods of ingress and egress. Such governments shall use appropriate means to protect and restrict the distribution of any security
sensitive information (as defined in part 1520.5 of title 49, Code
of Federal Regulations) provided by the railroad carrier under this
section, consistent with national security interests.
SEC. 415. MUSEUM LOCOMOTIVE STUDY.

(a) STUDY.—The Secretary shall conduct a study of the requirements relating to safety inspections of diesel-electric locomotives
and equipment that are operated in limited service by railroadrelated museums, historical societies, and tourist or scenic railroads.
The study shall include an analysis of the safety consequences
of requiring less frequent inspections of such locomotives and equipment, including periodic inspections or inspections based on service
days and air brake inspections.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall transmit a report on the results
of the study conducted under subsection (a) to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
SEC. 416. SAFETY INSPECTIONS IN MEXICO.

Mechanical and brake inspections of rail cars performed in
Mexico shall not be treated as satisfying United States rail safety
laws or regulations unless the Secretary of Transportation certifies
that—
(1) such inspections are being performed under regulations
and standards equivalent to those applicable in the United
States;
(2) the inspections are being performed by employees that
have received training similar to the training received by
similar railroad employees in the United States;
(3) inspection records that are required to be available
to the crewmembers on board the train, including air slips
and blue cards, are maintained in both English and Spanish,
and such records are available to the Federal Railroad Administration for review; and
(4) the Federal Railroad Administration is permitted to
perform onsite inspections for the purpose of ensuring compliance with the requirements of this subsection.
SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE.

(a) IN GENERAL.—Not later than 12 months after the date
of enactment of this Act, the Secretary shall promulgate a regulation
requiring owners of track carried on one or more railroad bridges
to adopt a bridge safety management program to prevent the
deterioration of railroad bridges and reduce the risk of human
casualties, environmental damage, and disruption to the Nation’s
railroad transportation system that would result from a catastrophic
bridge failure.
(b) REQUIREMENTS.—The regulations shall, at a minimum,
require each track owner to—
(1) to develop and maintain an accurate inventory of its
railroad bridges, which shall identify the location of each bridge,
its configuration, type of construction, number of spans, span
lengths, and all other information necessary to provide for
the safe management of the bridges;

H. R. 2095—44
(2) to ensure that a professional engineer competent in
the field of railroad bridge engineering, or a qualified person
under the supervision of the track owner, determines bridge
capacity;
(3) to maintain, and update as appropriate, a record of
the safe capacity of each bridge which carries its track and,
if available, maintain the original design documents of each
bridge and a documentation of all repairs, modifications, and
inspections of the bridge;
(4) to develop, maintain, and enforce a written procedure
that will ensure that its bridges are not loaded beyond their
capacities;
(5) to conduct regular comprehensive inspections of each
bridge, at least once every year, and maintain records of those
inspections that include the date on which the inspection was
performed, the precise identification of the bridge inspected,
the items inspected, an accurate description of the condition
of those items, and a narrative of any inspection item that
is found by the inspector to be a potential problem;
(6) to ensure that the level of detail and the inspection
procedures are appropriate to the configuration of the bridge,
conditions found during previous inspections, and the nature
of the railroad traffic moved over the bridge, including car
weights, train frequency and length, levels of passenger and
hazardous materials traffic, and vulnerability of the bridge
to damage;
(7) to ensure that an engineer who is competent in the
field of railroad bridge engineering—
(A) is responsible for the development of all inspection
procedures;
(B) reviews all inspection reports; and
(C) determines whether bridges are being inspected
according to the applicable procedures and frequency, and
reviews any items noted by an inspector as exceptions;
and
(8) to designate qualified bridge inspectors or maintenance
personnel to authorize the operation of trains on bridges following repairs, damage, or indications of potential structural
problems.
(c) USE OF BRIDGE MANAGEMENT PROGRAMS REQUIRED.—The
Secretary shall instruct bridge experts to obtain copies of the most
recent bridge management programs of each railroad within the
expert’s areas of responsibility, and require that experts use those
programs when conducting bridge observations.
(d) REVIEW OF DATA.—The Secretary shall establish a program
to periodically review bridge inspection and maintenance data from
railroad carrier bridge inspectors and Federal Railroad Administration bridge experts.
SEC.

418.

RAILROAD
GRANTS.

SAFETY

INFRASTRUCTURE

IMPROVEMENT

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

H. R. 2095—45
‘‘§ 20167. Railroad safety infrastructure improvement grants
‘‘(a) GRANT PROGRAM.—The Secretary of Transportation shall
establish a grant program for safety improvements to railroad infrastructure, including the acquisition, improvement, or rehabilitation
of intermodal or rail equipment or facilities, including track, bridges,
tunnels, yards, buildings, passenger stations, facilities, and maintenance and repair shops.
‘‘(b) ELIGIBILITY.—Grants shall be made under this section to
eligible passenger and freight railroad carriers, and State and local
governments for projects described in subsection (a). Grants shall
also be made available to assist a State or political subdivision
thereof in establishing a quiet zone pursuant to part 222 of title
49, Code of Federal Regulations.
‘‘(c) CONSIDERATIONS.—In awarding grants, the Secretary shall
consider, at a minimum—
‘‘(1) the age and condition of the rail infrastructure of
the applicant;
‘‘(2) the railroad carrier’s safety record, including accident
and incident numbers and rates;
‘‘(3) the volume of hazardous materials transported by the
railroad;
‘‘(4) the operation of passenger trains over the railroad;
and
‘‘(5) whether the railroad carrier has submitted a railroad
safety risk reduction program, as required by section 20156.
‘‘(d) MATCHING REQUIREMENTS.—Federal funds for any eligible
project under this section shall not exceed 50 percent of the total
cost of such project.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Transportation $5,000,000
for each of fiscal years 2010 through 2013 to carry out this section.
Amounts appropriated pursuant to this subsection shall remain
available until expended.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 201, as amended by section 413 of this division, is amended
by inserting after the item relating to section 20166 the following:
‘‘20167. Railroad safety infrastructure improvement grants.’’.
SEC. 419. PROMPT MEDICAL ATTENTION.

(a) IN GENERAL.—Section 20109 is amended—
(1) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) PROMPT MEDICAL ATTENTION.—
‘‘(1) PROHIBITION.—A railroad carrier or person covered
under this section may not deny, delay, or interfere with the
medical or first aid treatment of an employee who is injured
during the course of employment. If transportation to a hospital
is requested by an employee who is injured during the course
of employment, the railroad shall promptly arrange to have
the injured employee transported to the nearest hospital where
the employee can receive safe and appropriate medical care.
‘‘(2) DISCIPLINE.—A railroad carrier or person covered
under this section may not discipline, or threaten discipline
to, an employee for requesting medical or first aid treatment,

H. R. 2095—46
or for following orders or a treatment plan of a treating physician, except that a railroad carrier’s refusal to permit an
employee to return to work following medical treatment shall
not be considered a violation of this section if the refusal
is pursuant to Federal Railroad Administration medical standards for fitness of duty or, if there are no pertinent Federal
Railroad Administration standards, a carrier’s medical standards for fitness for duty. For purposes of this paragraph, the
term ‘discipline’ means to bring charges against a person in
a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee’s record.’’.
(b) CONFORMING AMENDMENTS.—Section 20109 is amended—
(1) in subsection (d), as redesignated by subsection (a)
of this section—
(A) by striking ‘‘(a) or (b)’’ in paragraph (1) and
inserting ‘‘(a), (b), or (c)’’;
(B) by striking ‘‘(c)(1)’’ in paragraph (2)(A)(i) and
inserting ‘‘(d)(1)’’;
(C) by striking ‘‘(a) or (b)’’ in paragraph (2)(A)(ii) and
inserting ‘‘(a), (b), or (c)’’; and
(2) in subsection (e), as so redesignated—
(A) by striking ‘‘(c)’’ in paragraph (1) and inserting
‘‘(d)’’;
(B) by striking ‘‘(c)’’ in paragraph (2) and inserting
‘‘(d)’’;
(C) by striking ‘‘(c)(3)’’ in paragraph (2) and inserting
‘‘(d)(3)’’; and
(D) by striking ‘‘(c)’’ in paragraph (3) and inserting
‘‘(d)’’.
SEC. 420. EMPLOYEE SLEEPING QUARTERS.

Section 21106 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A railroad
carrier’’;
(2) by striking ‘‘sanitary and give those employees and
individuals an opportunity for rest free from the interruptions
caused by noise under the control of the carrier;’’ in paragraph
(1) and inserting ‘‘sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused
by noise under the control of the carrier, and provide indoor
toilet facilities, potable water, and other features to protect
the health of employees;’’; and
(3) by adding at the end the following:
‘‘(b) CAMP CARS.—Not later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace
such cars in compliance with subsection (a).
‘‘(c) REGULATIONS.—Not later than April 1, 2010, the Secretary
of Transportation, in coordination with the Secretary of Labor,
shall prescribe regulations to implement subsection (a)(1) to protect
the safety and health of any employees and individuals employed
to maintain the right of way of a railroad carrier that uses camp
cars, which shall require that all camp cars comply with those
regulations by December 31, 2010. In prescribing the regulations,
the Secretary shall assess the action taken by any railroad carrier
to fully retrofit or replace its camp cars pursuant to this section.
‘‘(d) COMPLIANCE AND ENFORCEMENT.—The Secretary shall
determine whether a railroad carrier has fully retrofitted or replaced

H. R. 2095—47
a camp car pursuant to subsection (b) and shall prohibit the use
of any non-compliant camp car. The Secretary may assess civil
penalties pursuant to chapter 213 for violations of this section.’’.

TITLE V—RAIL PASSENGER DISASTER
FAMILY ASSISTANCE
SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD
TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

(a) IN GENERAL.—Chapter 11 is amended by adding at the
end of subchapter III the following:
‘‘§ 1139. Assistance to families of passengers involved in rail
passenger accidents
‘‘(a) IN GENERAL.—As soon as practicable after being notified
of a rail passenger accident within the United States involving
a rail passenger carrier and resulting in a major loss of life, the
Chairman of the National Transportation Safety Board shall—
‘‘(1) designate and publicize the name and phone number
of a director of family support services who shall be an employee
of the Board and shall be responsible for acting as a point
of contact within the Federal Government for the families of
passengers involved in the accident and a liaison between the
rail passenger carrier and the families; and
‘‘(2) designate an independent nonprofit organization, with
experience in disasters and post trauma communication with
families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.
‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board shall have
primary Federal responsibility for—
‘‘(1) facilitating the recovery and identification of fatally
injured passengers involved in an accident described in subsection (a); and
‘‘(2) communicating with the families of passengers involved
in the accident as to the roles, with respect to the accident
and the post-accident activities, of—
‘‘(A) the organization designated for an accident under
subsection (a)(2);
‘‘(B) Government agencies; and
‘‘(C) the rail passenger carrier involved.
‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZATION.—The
organization designated for an accident under subsection (a)(2) shall
have the following responsibilities with respect to the families of
passengers involved in the accident:
‘‘(1) To provide mental health and counseling services, in
coordination with the disaster response team of the rail passenger carrier involved.
‘‘(2) To take such actions as may be necessary to provide
an environment in which the families may grieve in private.
‘‘(3) To meet with the families who have traveled to the
location of the accident, to contact the families unable to travel
to such location, and to contact all affected families periodically
thereafter until such time as the organization, in consultation
with the director of family support services designated for the

H. R. 2095—48
accident under subsection (a)(1), determines that further assistance is no longer needed.
‘‘(4) To arrange a suitable memorial service, in consultation
with the families.
‘‘(d) PASSENGER LISTS.—
‘‘(1) REQUESTS FOR PASSENGER LISTS.—
‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES.—It shall be the responsibility of the director of family
support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the
rail passenger carrier involved in the accident a list, which
is based on the best available information at the time
of the request, of the names of the passengers that were
aboard the rail passenger carrier’s train involved in the
accident. A rail passenger carrier shall use reasonable
efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to
ascertain the names of passengers aboard a train involved
in an accident.
‘‘(B) REQUESTS BY DESIGNATED ORGANIZATION.—The
organization designated for an accident under subsection
(a)(2) may request from the rail passenger carrier involved
in the accident a list described in subparagraph (A).
‘‘(2) USE OF INFORMATION.—Except as provided in subsection (k), the director of family support services and the
organization may not release to any person information on
a list obtained under paragraph (1) but may provide information
on the list about a passenger to the family of the passenger
to the extent that the director of family support services or
the organization considers appropriate.
‘‘(e) CONTINUING RESPONSIBILITIES OF THE BOARD.—In the
course of its investigation of an accident described in subsection
(a), the Board shall, to the maximum extent practicable, ensure
that the families of passengers involved in the accident—
‘‘(1) are briefed, prior to any public briefing, about the
accident and any other findings from the investigation; and
‘‘(2) are individually informed of and allowed to attend
any public hearings and meetings of the Board about the
accident.
‘‘(f) USE OF RAIL PASSENGER CARRIER RESOURCES.—To the
extent practicable, the organization designated for an accident
under subsection (a)(2) shall coordinate its activities with the rail
passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier.
‘‘(g) PROHIBITED ACTIONS.—
‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No person (including
a State or political subdivision thereof) may impede the ability
of the Board (including the director of family support services
designated for an accident under subsection (a)(1)), or an
organization designated for an accident under subsection (a)(2),
to carry out its responsibilities under this section or the ability
of the families of passengers involved in the accident to have
contact with one another.
‘‘(2) UNSOLICITED COMMUNICATIONS.—No unsolicited
communication concerning a potential action or settlement offer
for personal injury or wrongful death may be made by an
attorney (including any associate, agent, employee, or other

H. R. 2095—49
representative of an attorney) or any potential party to the
litigation, including the railroad carrier or rail passenger carrier, to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an
individual involved in the accident, before the 45th day following the date of the accident.
‘‘(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH
AND COUNSELING SERVICES.—No State or political subdivision
thereof may prevent the employees, agents, or volunteers of
an organization designated for an accident under subsection
(a)(2) from providing mental health and counseling services
under subsection (c)(1) in the 30-day period beginning on the
date of the accident. The director of family support services
designated for the accident under subsection (a)(1) may extend
such period for not to exceed an additional 30 days if the
director determines that the extension is necessary to meet
the needs of the families and if State and local authorities
are notified of the determination.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) RAIL PASSENGER ACCIDENT.—The term ‘rail passenger
accident’ means any rail passenger disaster resulting in a major
loss of life occurring in the provision of—
‘‘(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
‘‘(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,
regardless of its cause or suspected cause.
‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail passenger
carrier’ means a rail carrier providing—
‘‘(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
‘‘(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,
except that such term does not include a tourist, historic, scenic,
or excursion rail carrier.
‘‘(3) PASSENGER.—The term ‘passenger’ includes—
‘‘(A) an employee of a rail passenger carrier aboard
a train;
‘‘(B) any other person aboard the train without regard
to whether the person paid for the transportation, occupied
a seat, or held a reservation for the rail transportation;
and
‘‘(C) any other person injured or killed in a rail passenger accident, as determined appropriate by the Board.
‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger
carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.
‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY.—
‘‘(1) GENERAL RULE.—This section (other than subsection
(g)) shall not apply to a railroad passenger accident if the
Board has relinquished investigative priority under section
1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide
assistance to the victims and families of the passengers involved
in the accident.

H. R. 2095—50
‘‘(2) BOARD ASSISTANCE.—If this section does not apply
to a railroad passenger accident because the Board has relinquished investigative priority with respect to the accident, the
Board shall assist, to the maximum extent possible, the agency
to which the Board has relinquished investigative priority in
assisting families with respect to the accident.
‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall be construed to abridge the authority of the Board or the Secretary
of Transportation to investigate the causes or circumstances of
any rail accident, including development of information regarding
the nature of injuries sustained and the manner in which they
were sustained for the purposes of determining compliance with
existing laws and regulations or for identifying means of preventing
similar injuries in the future, or both.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 11 is amended by inserting after the item relating to
section 1138 the following:
‘‘1139. Assistance to families of passengers involved in rail passenger accidents.’’.
SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF
PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

(a) IN GENERAL.—Chapter 243 is amended by adding at the
end the following:
‘‘§ 24316. Plans to address needs of families of passengers
involved in rail passenger accidents
‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months after the
date of the enactment of the Rail Safety Improvement Act of 2008,
a rail passenger carrier shall submit to the Chairman of the
National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for
addressing the needs of the families of passengers involved in
any rail passenger accident involving a rail passenger carrier intercity train and resulting in a major loss of life.
‘‘(b) CONTENTS OF PLANS.—A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a minimum,
the following:
‘‘(1) A process by which a rail passenger carrier will maintain and provide to the National Transportation Safety Board,
the Secretary of Transportation, and the Secretary of Homeland
Security immediately upon request, a list (which is based on
the best available information at the time of the request) of
the names of the passengers aboard the train (whether or
not such names have been verified), and will periodically update
the list. The plan shall include a procedure, with respect to
unreserved trains and passengers not holding reservations on
other trains, for the rail passenger carrier to use reasonable
efforts to ascertain the names of passengers aboard a train
involved in an accident.
‘‘(2) A process for notifying the families of the passengers,
before providing any public notice of the names of the passengers, either by utilizing the services of the organization
designated for the accident under section 1139(a)(2) of this
title or the services of other suitably trained individuals.
‘‘(3) A plan for creating and publicizing a reliable, tollfree telephone number within 4 hours after such an accident

H. R. 2095—51
occurs, and for providing staff, to handle calls from the families
of the passengers.
‘‘(4) A process for providing the notice described in paragraph (2) to the family of a passenger as soon as the rail
passenger carrier has verified that the passenger was aboard
the train (whether or not the names of all of the passengers
have been verified).
‘‘(5) An assurance that, upon request of the family of a
passenger, the rail passenger carrier will inform the family
of whether the passenger’s name appeared on any preliminary
passenger manifest for the train involved in the accident.
‘‘(6) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within the control of the rail passenger
carrier and by which any possession of the passenger within
the control of the rail passenger carrier (regardless of its condition)—
‘‘(A) will be retained by the rail passenger carrier for
at least 18 months; and
‘‘(B) will be returned to the family unless the possession
is needed for the accident investigation or any criminal
investigation.
‘‘(7) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
‘‘(8) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the
carrier to meet the needs of survivors and family members
following an accident.
‘‘(9) An assurance that the family of each passenger or
other person killed in the accident will be consulted about
construction by the rail passenger carrier of any monument
to the passengers, including any inscription on the monument.
‘‘(10) An assurance that the rail passenger carrier will
work with any organization designated under section 1139(a)(2)
of this title on an ongoing basis to ensure that families of
passengers receive an appropriate level of services and assistance following each accident.
‘‘(11) An assurance that the rail passenger carrier will
provide reasonable compensation to any organization designated under section 1139(a)(2) of this title for services provided by the organization.
‘‘(c) USE OF INFORMATION.—Neither the National Transportation Safety Board, the Secretary of Transportation, the Secretary
of Homeland Security, nor a rail passenger carrier may release
to the public any personal information on a list obtained under
subsection (b)(1), but may provide information on the list about
a passenger to the passenger’s family members to the extent that
the Board or a rail passenger carrier considers appropriate.
‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.—
‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in this section
may be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger carrier
may have, in providing assistance to the families of passengers
involved in a rail passenger accident.
‘‘(2) INVESTIGATIONAL AUTHORITY OF BOARD AND SECRETARY.—Nothing in this section shall be construed to abridge

H. R. 2095—52
the authority of the Board or the Secretary of Transportation
to investigate the causes or circumstances of any rail accident,
including the development of information regarding the nature
of injuries sustained and the manner in which they were sustained, for the purpose of determining compliance with existing
laws and regulations or identifying means of preventing similar
injuries in the future.
‘‘(e) LIMITATION ON LIABILITY.—A rail passenger carrier shall
not be liable for damages in any action brought in a Federal
or State court arising out of the performance of the rail passenger
carrier in preparing or providing a passenger list, or in providing
information concerning a train reservation, pursuant to a plan
submitted by the rail passenger carrier under subsection (b), unless
such liability was caused by conduct of the rail passenger carrier
which was grossly negligent or which constituted intentional misconduct.
‘‘(f) DEFINITIONS.—In this section, the terms ‘passenger’ and
‘rail passenger accident’ have the meaning given those terms by
section 1139 of this title.
‘‘(g) FUNDING.—Out of funds appropriated pursuant to section
20117(a)(1)(A), there shall be made available to the Secretary of
Transportation $500,000 for fiscal year 2010 to carry out this section. Amounts made available pursuant to this subsection shall
remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 243 is amended by inserting after the item relating to
section 24315 the following:
‘‘24316.Plan to assist families of passengers involved in rail passenger accidents.’’.
SEC. 503. ESTABLISHMENT OF TASK FORCE.

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

H. R. 2095—53
Transportation containing the model plan and recommendations
developed by the task force under subsection (b).

TITLE VI—CLARIFICATION OF FEDERAL
JURISDICTION OVER SOLID WASTE
FACILITIES
SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Clean Railroads Act of 2008’’.
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID
WASTE TRANSFER FACILITIES.

Section 10501(c)(2) is amended to read as follows:
‘‘(2) Except as provided in paragraph (3), the Board does not
have jurisdiction under this part over—
‘‘(A) mass transportation provided by a local government
authority; or
‘‘(B) a solid waste rail transfer facility as defined in section
10908 of this title, except as provided under sections 10908
and 10909 of this title.’’.
SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.

(a) IN GENERAL.—Chapter 109 is amended by adding at the
end thereof the following:
‘‘§ 10908. Regulation of solid waste rail transfer facilities
‘‘(a) IN GENERAL.—Each solid waste rail transfer facility shall
be subject to and shall comply with all applicable Federal and
State requirements, both substantive and procedural, including
judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration
of the environment, and the protection of public health and safety,
including laws governing solid waste, to the same extent as required
for any similar solid waste management facility, as defined in
section 1004(29) of the Solid Waste Disposal Act (42 U.S.C.
6903(29)) that is not owned or operated by or on behalf of a
rail carrier, except as provided for in section 10909 of this chapter.
‘‘(b) EXISTING FACILITIES.—
‘‘(1) STATE LAWS AND STANDARDS.—Not later than 90 days
after the date of enactment of the Clean Railroads Act of
2008, a solid waste rail transfer facility operating as of such
date of enactment shall comply with all Federal and State
requirements pursuant to subsection (a) other than those provisions requiring permits.
‘‘(2) PERMIT REQUIREMENTS.—
‘‘(A) STATE NON-SITING PERMITS.—Any solid waste rail
transfer facility operating as of the date of enactment of
the Clean Railroads Act of 2008 that does not possess
a permit required pursuant to subsection (a), other than
a siting permit for the facility, as of the date of enactment
of the Clean Railroads Act of 2008 shall not be required
to possess any such permits in order to operate the
facility—
‘‘(i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in good faith, a complete application for all

H. R. 2095—54
permits, except siting permits, required pursuant to
subsection (a) to the appropriate permitting agency
authorized to grant such permits; and
‘‘(ii) until the permitting agency has either
approved or denied the solid waste rail transfer
facility’s application for each permit.
‘‘(B) SITING PERMITS AND REQUIREMENTS.—A solid
waste rail transfer facility operating as of the date of
enactment of the Clean Railroads Act of 2008 that does
not possess a State siting permit required pursuant to
subsection (a) as of such date of enactment shall not be
required to possess any siting permit to continue to operate
or comply with any State land use requirements. The Governor of a State in which the facility is located, or his
or her designee, may petition the Board to require the
facility to apply for a land-use exemption pursuant to section 10909 of this chapter. The Board shall accept the
petition, and the facility shall be required to have a Boardissued land-use exemption in order to continue to operate,
pursuant to section 10909 of this chapter.
‘‘(c) COMMON CARRIER OBLIGATION.—No prospective or current
rail carrier customer may demand solid waste rail transfer service
from a rail carrier at a solid waste rail transfer facility that does
not already possess the necessary Federal land-use exemption and
State permits at the location where service is requested.
‘‘(d) NON-WASTE COMMODITIES.—Nothing in this section or section 10909 of this chapter shall affect a rail carrier’s ability to
conduct transportation-related activities with respect to commodities other than solid waste.
‘‘(e) DEFINITIONS.—
‘‘(1) IN GENERAL.—In this section:
‘‘(A) COMMERCIAL AND RETAIL WASTE.—The term
‘commercial and retail waste’ means material discarded
by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar
establishments or facilities.
‘‘(B) CONSTRUCTION AND DEMOLITION DEBRIS.—The
term ‘construction and demolition debris’ means waste
building materials, packaging, and rubble resulting from
construction, remodeling, repair, and demolition operations
on pavements, houses, commercial buildings, and other
structures.
‘‘(C) HOUSEHOLD WASTE.—The term ‘household waste’
means material discarded by residential dwellings, hotels,
motels, and other similar permanent or temporary housing
establishments or facilities.
‘‘(D) INDUSTRIAL WASTE.—The term ‘industrial waste’
means the solid waste generated by manufacturing and
industrial and research and development processes and
operations, including contaminated soil, nonhazardous oil
spill cleanup waste and dry nonhazardous pesticides and
chemical waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.), mining or oil and gas waste.
‘‘(E) INSTITUTIONAL WASTE.—The term ‘institutional
waste’ means material discarded by schools, nonmedical

H. R. 2095—55
waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities.
‘‘(F) MUNICIPAL SOLID WASTE.—The term ‘municipal
solid waste’ means—
‘‘(i) household waste;
‘‘(ii) commercial and retail waste; and
‘‘(iii) institutional waste.
‘‘(G) SOLID WASTE.—With the exception of waste generated by a rail carrier during track, track structure, or
right-of-way construction, maintenance, or repair (including
railroad ties and line-side poles) or waste generated as
a result of a railroad accident, incident, or derailment,
the term ‘solid waste’ means—
‘‘(i) construction and demolition debris;
‘‘(ii) municipal solid waste;
‘‘(iii) household waste;
‘‘(iv) commercial and retail waste;
‘‘(v) institutional waste;
‘‘(vi) sludge;
‘‘(vii) industrial waste; and
‘‘(viii) other solid waste, as determined appropriate
by the Board.
‘‘(H) SOLID WASTE RAIL TRANSFER FACILITY.—The term
‘solid waste rail transfer facility’—
‘‘(i) means the portion of a facility owned or operated by or on behalf of a rail carrier (as defined in
section 10102 of this title) where solid waste, as a
commodity to be transported for a charge, is collected,
stored, separated, processed, treated, managed, disposed of, or transferred, when the activity takes place
outside of original shipping containers; but
‘‘(ii) does not include—
‘‘(I) the portion of a facility to the extent that
activities taking place at such portion are comprised solely of the railroad transportation of solid
waste after the solid waste is loaded for shipment
on or in a rail car, including railroad transportation for the purpose of interchanging railroad
cars containing solid waste shipments; or
‘‘(II) a facility where solid waste is solely transferred or transloaded from a tank truck directly
to a rail tank car.
‘‘(I) SLUDGE.—The term ‘sludge’ means any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water
supply treatment plant, or air pollution control facility
exclusive of the treated effluent from a wastewater treatment plant.
‘‘(2) EXCEPTIONS.—Notwithstanding paragraph (1), the
terms ‘household waste’, ‘commercial and retail waste’, and
‘institutional waste’ do not include—
‘‘(A) yard waste and refuse-derived fuel;
‘‘(B) used oil;
‘‘(C) wood pallets;
‘‘(D) clean wood;

H. R. 2095—56
‘‘(E) medical or infectious waste; or
‘‘(F) motor vehicles (including motor vehicle parts or
vehicle fluff).
‘‘(3) STATE REQUIREMENTS.—In this section the term ‘State
requirements’ does not include the laws, regulations, ordinances, orders, or other requirements of a political subdivision
of a State, including a locality or municipality, unless a State
expressly delegates such authority to such political subdivision.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 109 is amended by inserting after the item relating to
section 10907 the following:
‘‘10908. Regulation of solid waste rail transfer facilities.’’.
SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE EXEMPTION AUTHORITY.

(a) IN GENERAL.—Chapter 109 is further amended by adding
at the end thereof the following:
‘‘§ 10909. Solid waste rail transfer facility land-use exemption
‘‘(a) AUTHORITY.—The Board may issue a land-use exemption
for a solid waste rail transfer facility that is or is proposed to
be operated by or on behalf of a rail carrier if—
‘‘(1) the Board finds that a State, local, or municipal law,
regulation, order, or other requirement affecting the siting of
such facility unreasonably burdens the interstate transportation
of solid waste by railroad, discriminates against the railroad
transportation of solid waste and a solid waste rail transfer
facility, or a rail carrier that owns or operates such a facility
petitions the Board for such an exemption; or
‘‘(2) the Governor of a State in which a facility that is
operating as of the date of enactment of the Clean Railroads
Act of 2008 is located, or his or her designee, petitions the
Board to initiate a permit proceeding for that particular facility.
‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later than 90
days after the date of enactment of the Clean Railroad Act of
2008, the Board shall publish procedures governing the submission
and review of applications for solid waste rail transfer facility
land-use exemptions. At a minimum, the procedures shall address—
‘‘(1) the information that each application should contain
to explain how the solid waste rail transfer facility will not
pose an unreasonable risk to public health, safety, or the
environment;
‘‘(2) the opportunity for public notice and comment
including notification of the municipality, the State, and any
relevant Federal or State regional planning entity in the jurisdiction of which the solid waste rail transfer facility is proposed
to be located;
‘‘(3) the timeline for Board review, including a requirement
that the Board approve or deny an exemption within 90 days
after the full record for the application is developed;
‘‘(4) the expedited review timelines for petitions for modifications, amendments, or revocations of granted exemptions;
‘‘(5) the process for a State to petition the Board to require
a solid waste transfer facility or a rail carrier that owns or
operates such a facility to apply for a siting permit; and

H. R. 2095—57
‘‘(6) the process for a solid waste transfer facility or a
rail carrier that owns or operates such a facility to petition
the Board for a land-use exemption.
‘‘(c) STANDARD FOR REVIEW.—
‘‘(1) The Board may only issue a land-use exemption if
it determines that the facility at the existing or proposed location does not pose an unreasonable risk to public health, safety,
or the environment. In deciding whether a solid waste rail
transfer facility that is or proposed to be constructed or operated
by or on behalf of a rail carrier poses an unreasonable risk
to public health, safety, or the environment, the Board shall
weigh the particular facility’s potential benefits to and the
adverse impacts on public health, public safety, the environment, interstate commerce, and transportation of solid waste
by rail.
‘‘(2) The Board may not grant a land-use exemption for
a solid waste rail transfer facility proposed to be located on
land within any unit of or land affiliated with the National
Park System, the National Wildlife Refuge System, the National
Wilderness Preservation System, the National Trails System,
the National Wild and Scenic Rivers System, a National
Reserve, a National Monument, or lands referenced in Public
Law 108–421 for which a State has implemented a conservation
management plan, if operation of the facility would be inconsistent with restrictions placed on such land.
‘‘(d) CONSIDERATIONS.—When evaluating an application under
this section, the Board shall consider and give due weight to the
following, as applicable:
‘‘(1) the land-use, zoning, and siting regulations or solid
waste planning requirements of the State or State subdivision
in which the facility is or will be located that are applicable
to solid waste transfer facilities, including those that are not
owned or operated by or on behalf of a rail carrier;
‘‘(2) the land-use, zoning, and siting regulations or solid
waste planning requirements applicable to the property where
the solid waste rail transfer facility is proposed to be located;
‘‘(3) regional transportation planning requirements developed pursuant to Federal and State law;
‘‘(4) regional solid waste disposal plans developed pursuant
to State or Federal law;
‘‘(5) any Federal and State environmental protection laws
or regulations applicable to the site;
‘‘(6) any unreasonable burdens imposed on the interstate
transportation of solid waste by railroad, or the potential for
discrimination against the railroad transportation of solid
waste, a solid waste rail transfer facility, or a rail carrier
that owns or operates such a facility; and
‘‘(7) any other relevant factors, as determined by the Board.
‘‘(e) EXISTING FACILITIES.—Upon the granting of petition from
the State in which a solid waste rail transfer facility is operating
as of the date of enactment of the Clean Railroads Act of 2008
by the Board, the facility shall submit a complete application for
a siting permit to the Board pursuant to the procedures issued
pursuant to subsection (b). No State may enforce a law, regulation,
order, or other requirement affecting the siting of a facility that
is operating as of the date of enactment of the Clean Railroads

H. R. 2095—58
Act of 2008 until the Board has approved or denied a permit
pursuant to subsection (c).
‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If the Board grants
a land-use exemption to a solid waste rail transfer facility, all
State laws, regulations, orders, or other requirements affecting
the siting of a facility are preempted with regard to that facility.
An exemption may require compliance with such State laws, regulations, orders, or other requirements.
‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section precludes a
person from seeking an injunction to enjoin a solid waste rail
transfer facility from being constructed or operated by or on behalf
of a rail carrier if that facility has materially violated, or will
materially violate, its land-use exemption or if it failed to receive
a valid land-use exemption under this section.
‘‘(h) FEES.—The Board may charge permit applicants reasonable
fees to implement this section, including the costs of third-party
consultants.
‘‘(i) DEFINITIONS.—In this section the terms ‘solid waste’, ‘solid
waste rail transfer facility’, and ‘State requirements’ have the
meaning given such terms in section 10908(e).’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 109, as amended by section 603 of this division, is amended
by inserting after the item relating to section 10908 the following:
‘‘10909. Solid waste rail transfer facility land-use exemption.’’.
SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.

(a) IN GENERAL.—Chapter 109, as amended by section 604,
is further amended by adding at the end thereof the following:
‘‘§ 10910. Effect on other statutes and authorities
‘‘Nothing in section 10908 or 10909 is intended to affect the
traditional police powers of the State to require a rail carrier
to comply with State and local environmental, public health, and
public safety standards that are not unreasonably burdensome to
interstate commerce and do not discriminate against rail carriers.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 109, as amended by section 604 of this division, is amended
by inserting after the item relating to section 10909 the following:
‘‘10910. Effect on other statutes and authorities.’’.

TITLE VII—TECHNICAL CORRECTIONS
SEC. 701. TECHNICAL CORRECTIONS.

(a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 22106 is
amended—
(1) by striking the second sentence of subsection (a);
(2) by striking subsection (b) and inserting the following:
‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT INTEREST
RECOVERIES.—The State shall place the United States Government’s
share of money that is repaid and any contingent interest that
is recovered in an interest-bearing account. The repaid money,
contingent interest, and any interest thereof shall be considered
to be State funds. The State shall use such funds to make other
grants and loans, consistent with the purposes for which financial

H. R. 2095—59
assistance may be used under subsection (a), as the State considers
to be appropriate.’’; and
(3) by striking subsections (c) and (e) and redesignating
subsection (d) as subsection (c).
(b) GRANTS FOR CLASS II AND III RAILROADS.—Section
22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and inserting ‘‘or’’.
(c) RAIL TRANSPORTATION OF RENEWABLE FUEL STUDY.—Section
245(a)(1) of the Energy Independence and Security Act of 2007
is amended by striking ‘‘Secretary, in coordination with the Secretary of Transportation,’’ and inserting ‘‘Secretary and the Secretary of Transportation’’.
(d) MOTOR CARRIER DEFINITION.—
Section 14504a is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting
‘‘(except as provided in paragraph (5))’’ after ‘‘14506’’;
(B) in paragraph (1), by striking subparagraph (A)
and inserting the following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘commercial motor vehicle’—
‘‘(i) for calendar years 2008 and 2009, has the
meaning given the term in section 31101; and
‘‘(ii) for years beginning after December 31, 2009,
means a self-propelled vehicle described in section
31101.’’; and
(C) by striking paragraph (5) and inserting the following:
‘‘(5) MOTOR CARRIER.—
‘‘(A) THIS SECTION.—In this section:
‘‘(i) IN GENERAL.—The term ‘motor carrier’ includes
all carriers that are otherwise exempt from this part—
‘‘(I) under subchapter I of chapter 135; or
‘‘(II) through exemption actions by the former
Interstate Commerce Commission under this title.
‘‘(ii) EXCLUSIONS.—In this section, the term ‘motor
carrier’ does not include—
‘‘(I) any carrier subject to section 13504; or
‘‘(II) any other carrier that the board of directors of the unified carrier registration plan determines to be appropriate pursuant to subsection
(d)(4)(C).
‘‘(B) SECTION 14506.—In section 14506, the term ‘motor
carrier’ includes all carriers that are otherwise exempt
from this part—
‘‘(i) under subchapter I of chapter 135; or
‘‘(ii) through exemption actions by the former
Interstate Commerce Commission under this title.’’;
and
(2) in subsection (d)(4)(C), by inserting before the period
at the end the following: ‘‘, except that a decision to approve
the exclusion of carriers from the definition of the term ‘motor
carrier’ under subsection (a)(5) shall require an affirmative
vote of 3⁄4 of all such directors.’’.
(e) EXTENSION OF LOAN PERIOD.—Section 502(g)(1) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822(g)(1)) is amended by striking ‘‘25 years’’ and inserting ‘‘35
years’’.

H. R. 2095—60

DIVISION B—AMTRAK
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Passenger
Rail Investment and Improvement Act of 2008’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Definition.
TITLE I—AUTHORIZATIONS
Sec. 101. Authorization for Amtrak capital and operating expenses.
Sec. 102. Repayment of long-term debt and capital leases.
Sec. 103. Authorization for the Federal Railroad Administration.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE II—AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
201. National railroad passenger transportation system defined.
202. Amtrak board of directors.
203. Establishment of improved financial accounting system.
204. Development of 5-year financial plan.
205. Restructuring long-term debt and capital leases.
206. Establishment of grant process.
207. Metrics and standards.
208. Methodologies for Amtrak route and service planning decisions.
209. State-supported routes.
210. Long-distance routes.
211. Northeast Corridor state-of-good-repair plan.
212. Northeast Corridor infrastructure and operations improvements.
213. Passenger train performance.
214. Alternate passenger rail service pilot program.
215. Employee transition assistance.
216. Special passenger trains.
217. Access to Amtrak equipment and services.
218. General Amtrak provisions.
219. Study of compliance requirements at existing intercity rail stations.
220. Oversight of Amtrak’s compliance with accessibility requirements.
221. Amtrak management accountability.
222. On-board service improvements.
223. Incentive pay.
224. Passenger rail service studies.
225. Report on service delays on certain passenger rail routes.
226. Plan for restoration of service.
227. Maintenance and repair facility utilization study.
228. Sense of the Congress regarding the need to maintain Amtrak as a national passenger rail system.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.
307.

TITLE III—INTERCITY PASSENGER RAIL POLICY
Capital assistance for intercity passenger rail service.
Congestion grants.
State rail plans.
Tunnel project.
Next generation corridor train equipment pool.
Rail cooperative research program.
Federal rail policy.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.
406.
407.

TITLE IV—MISCELLANEOUS PROVISIONS
Commuter rail mediation.
Routing efficiency discussions with Amtrak.
Sense of Congress regarding commuter rail expansion.
Locomotive biofuel study.
Study of the use of biobased technologies.
Cross-border passenger rail service.
Historic preservation of railroads.

TITLE V—HIGH-SPEED RAIL
Sec. 501. High-speed rail corridor program.

H. R. 2095—61
Sec. 502. Additional high-speed rail projects.
TITLE VI—CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
Sec. 601. Authorization for capital and preventive maintenance projects for Washington Metropolitan Area Transit Authority.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

Except as otherwise specifically provided, whenever in this
division an amendment is expressed in terms of an amendment
to a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United
States Code.
SEC. 3. DEFINITION.

In this division, the term ‘‘Secretary’’ means the Secretary
of Transportation.

TITLE I—AUTHORIZATIONS
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING
EXPENSES.

(a) OPERATING GRANTS.—There are authorized to be appropriated to the Secretary for the use of Amtrak for operating costs
the following amounts:
(1) For fiscal year 2009, $530,000,000.
(2) For fiscal year 2010, $580,000,000.
(3) For fiscal year 2011, $592,000,000.
(4) For fiscal year 2012, $616,000,000.
(5) For fiscal year 2013, $631,000,000.
(b) INSPECTOR GENERAL.—There are authorized to be appropriated to the Secretary for the Office of the Inspector General
of Amtrak the following amounts:
(1) For fiscal year 2009, $20,000,000.
(2) For fiscal year 2010, $21,000,000.
(3) For fiscal year 2011, $22,000,000.
(4) For fiscal year 2012, $22,000,000.
(5) For fiscal year 2013, $23,000,000.
(c) CAPITAL GRANTS.—There are authorized to be appropriated
to the Secretary for the use of Amtrak for capital projects (as
defined in subparagraphs (A) and (B) of section 24401(2) of title
49, United States Code) to bring the Northeast Corridor (as defined
in section 24102 of such title) to a state-of-good-repair and for
capital expenses of the national rail passenger transportation
system the following amounts:
(1) For fiscal year 2009, $715,000,000.
(2) For fiscal year 2010, $975,000,000.
(3) For fiscal year 2011, $1,025,000,000.
(4) For fiscal year 2012, $1,275,000,000.
(5) For fiscal year 2013, $1,325,000,000.
(d) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may
withhold up to 1⁄2 of 1 percent of amounts appropriated pursuant
to subsection (c) for the costs of project management oversight
of capital projects carried out by Amtrak.
SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.

(a) PRINCIPAL AND INTEREST ON DEBT SERVICE.—There are
authorized to be appropriated to the Secretary for the use of Amtrak

H. R. 2095—62
for retirement of principal and payment of interest on loans for
capital equipment, or capital leases, not more than the following
amounts:
(1) For fiscal year 2009, $285,000,000.
(2) For fiscal year 2010, $264,000,000.
(3) For fiscal year 2011, $288,000,000.
(4) For fiscal year 2012, $290,000,000.
(5) For fiscal year 2013, $277,000,000.
(b) EARLY BUYOUT OPTION.—There are authorized to be appropriated to the Secretary such sums as may be necessary for the
use of Amtrak for the payment of costs associated with early buyout
options if the exercise of those options is determined to be advantageous to Amtrak.
(c) LEGAL EFFECT OF PAYMENTS UNDER THIS SECTION.—The
payment of principal and interest on secured debt, with the proceeds
of grants authorized by this section shall not—
(1) modify the extent or nature of any indebtedness of
Amtrak to the United States in existence as of the date of
enactment of this Act;
(2) change the private nature of Amtrak’s or its successors’
liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak’s outstanding indebtedness.
SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD ADMINISTRATION.

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

TITLE II—AMTRAK REFORM AND
OPERATIONAL IMPROVEMENTS
SEC.

201.

NATIONAL RAILROAD
SYSTEM DEFINED.

PASSENGER

TRANSPORTATION

(a) IN GENERAL.—Section 24102 is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated
the following:
‘‘(5) ‘national rail passenger transportation system’
means—
‘‘(A) the segment of the continuous Northeast Corridor
railroad line between Boston, Massachusetts, and Washington, District of Columbia;
‘‘(B) rail corridors that have been designated by the
Secretary of Transportation as high-speed rail corridors
(other than corridors described in subparagraph (A)), but
only after regularly scheduled intercity service over a corridor has been established;
‘‘(C) long-distance routes of more than 750 miles
between endpoints operated by Amtrak as of the date of
enactment of the Passenger Rail Investment and Improvement Act of 2008; and

H. R. 2095—63
‘‘(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:
‘‘§ 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
ICES.—Nothing

TO CONTINUE TO PROVIDE NON-HIGH-SPEED SERVin this division is intended to preclude Amtrak
from restoring, improving, or developing non-high-speed intercity
passenger rail service.
(d) APPLICABILITY OF SECTION 24706.—Section 24706 is
amended by adding at the end the following:
‘‘(c) APPLICABILITY.—This section applies to all service over
routes provided by Amtrak, notwithstanding any provision of section
24701 of this title or any other provision of this title except section
24702(b).’’.
(e) AMTRAK’S MISSION.—
(1) AMENDMENTS.—Section 24101 is amended—
(A) by striking ‘‘purpose’’ in the section heading and
inserting ‘‘mission’’;
(B) by striking subsection (b) and inserting the following:
‘‘(b) MISSION.—The mission of Amtrak is to provide efficient
and effective intercity passenger rail mobility consisting of high
quality service that is trip-time competitive with other intercity
travel options and that is consistent with the goals of subsection
(d).’’;
(C) by redesignating paragraphs (9) through (11) in
subsection (c) as paragraphs (10) through (12), respectively,
and inserting after paragraph (8) the following:
‘‘(9) provide additional or complementary intercity transportation service to ensure mobility in times of national disaster
or other instances where other travel options are not adequately
available;’’; and
(D) in subsection (d), by striking ‘‘subsection (c)(11)’’
and inserting ‘‘subsection (c)(12)’’.

H. R. 2095—64
(2) CONFORMING AMENDMENT.—The chapter analysis for
chapter 241 is amended by striking the item relating to section
24101 and inserting the following:
‘‘24101. Findings, mission, and goals.’’.
SEC. 202. AMTRAK BOARD OF DIRECTORS.

(a) IN GENERAL.—Section 24302 is amended to read as follows:
‘‘§ 24302. Board of directors
‘‘(a) COMPOSITION AND TERMS.—
‘‘(1) The Amtrak Board of Directors (referred to in this
section as the ‘Board’) is composed of the following 9 directors,
each of whom must be a citizen of the United States:
‘‘(A) The Secretary of Transportation.
‘‘(B) The President of Amtrak.
‘‘(C) 7 individuals appointed by the President of the
United States, by and with the advice and consent of the
Senate, with general business and financial experience,
experience or qualifications in transportation, freight and
passenger rail transportation, travel, hospitality, cruise
line, or passenger air transportation businesses, or representatives of employees or users of passenger rail
transportation or a State government.
‘‘(2) In selecting individuals described in paragraph (1)
for nominations for appointments to the Board, the President
shall consult with the Speaker of the House of Representatives,
the minority leader of the House of Representatives, the
majority leader of the Senate, and the minority leader of the
Senate and try to provide adequate and balanced representation
of the major geographic regions of the United States served
by Amtrak.
‘‘(3) An individual appointed under paragraph (1)(C) of
this subsection shall be appointed for a term of 5 years. Such
term may be extended until the individual’s successor is
appointed and qualified. Not more than 5 individuals appointed
under paragraph (1)(C) may be members of the same political
party.
‘‘(4) The Board shall elect a chairman and a vice chairman,
other than the President of Amtrak, from among its membership. The vice chairman shall serve as chairman in the absence
of the chairman.
‘‘(5) The Secretary may be represented at Board meetings
by the Secretary’s designee.
‘‘(b) PAY AND EXPENSES.—Each director not employed by the
United States Government or Amtrak is entitled to reasonable
pay when performing Board duties. Each director not employed
by the United States Government is entitled to reimbursement
from Amtrak for necessary travel, reasonable secretarial and professional staff support, and subsistence expenses incurred in attending
Board meetings.
‘‘(c) TRAVEL.—(1) Each director not employed by the United
States Government shall be subject to the same travel and
reimbursable business travel expense policies and guidelines that
apply to Amtrak’s executive management when performing Board
duties.

H. R. 2095—65
‘‘(2) Not later than 60 days after the end of each fiscal year,
the Board shall submit a report describing all travel and reimbursable business travel expenses paid to each director when performing
Board duties to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
‘‘(3) The report submitted under paragraph (2) shall include
a detailed justification for any travel or reimbursable business
travel expense that deviates from Amtrak’s travel and reimbursable
business travel expense policies and guidelines.
‘‘(d) VACANCIES.—A vacancy on the Board is filled in the same
way as the original selection, except that an individual appointed
by the President of the United States under subsection (a)(1)(C)
of this section to fill a vacancy occurring before the end of the
term for which the predecessor of that individual was appointed
is appointed for the remainder of that term. A vacancy required
to be filled by appointment under subsection (a)(1)(C) must be
filled not later than 120 days after the vacancy occurs.
‘‘(e) QUORUM.—A majority of the members serving shall constitute a quorum for doing business.
‘‘(f) BYLAWS.—The Board may adopt and amend bylaws governing the operation of Amtrak. The bylaws shall be consistent
with this part and the articles of incorporation.’’.
(b) EFFECTIVE DATE FOR DIRECTORS’ PROVISION.—The amendment made by subsection (a) shall take effect 6 months after the
date of enactment of this Act. The members of the Amtrak Board
of Directors serving as of the date of enactment of this Act may
continue to serve for the remainder of the term to which they
were appointed.
SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING
SYSTEM.

(a) IN GENERAL.—The Amtrak Board of Directors—
(1) may employ an independent financial consultant with
experience in railroad accounting to assist Amtrak in improving
Amtrak’s financial accounting and reporting system and practices;
(2) shall implement a modern financial accounting and
reporting system not later than 3 years after the date of enactment of this Act; and
(3) shall, not later than 90 days after the end of each
fiscal year through fiscal year 2013—
(A) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a comprehensive report that allocates all of
Amtrak’s revenues and costs to each of its routes, each
of its lines of business, and each major activity within
each route and line of business activity, including—
(i) train operations;
(ii) equipment maintenance;
(iii) food service;
(iv) sleeping cars;
(v) ticketing;
(vi) reservations; and
(vii) unallocated fixed overhead costs;

H. R. 2095—66
(B) include the report described in subparagraph (A)
in Amtrak’s annual report; and
(C) post such report on Amtrak’s website.
(b) VERIFICATION OF SYSTEM; REPORT.—The Inspector General
of the Department of Transportation shall review the accounting
system designed and implemented under subsection (a) to ensure
that it accomplishes the purposes for which it is intended. The
Inspector General shall report his or her findings and conclusions,
together with any recommendations, to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(c) CATEGORIZATION OF REVENUES AND EXPENSES.—In carrying
out subsection (a), the Amtrak Board of Directors shall separately
categorize assigned revenues and attributable expenses by type
of service, including long-distance routes, State-sponsored routes,
commuter contract routes, and Northeast Corridor routes.
SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.

(a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—The Amtrak
Board of Directors shall submit an annual budget and business
plan for Amtrak, and a 5-year financial plan for the fiscal year
to which that budget and business plan relate and the subsequent
4 years, prepared in accordance with this section, to the Secretary
and the Inspector General of the Department of Transportation
no later than—
(1) the first day of each fiscal year beginning after the
date of enactment of this Act; or
(2) the date that is 60 days after the date of enactment
of an appropriations Act for the fiscal year, if later.
(b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 5-year financial
plan for Amtrak shall include, at a minimum—
(1) all projected revenues and expenditures for Amtrak,
including governmental funding sources;
(2) projected ridership levels for all Amtrak passenger operations;
(3) revenue and expenditure forecasts for non-passenger
operations;
(4) capital funding requirements and expenditures necessary to maintain passenger service in order to accommodate
predicted ridership levels and predicted sources of capital
funding;
(5) operational funding needs, if any, to maintain current
and projected levels of passenger service, including State-supported routes and predicted funding sources;
(6) projected capital and operating requirements, ridership,
and revenue for any new passenger service operations or service
expansions;
(7) an assessment of the continuing financial stability of
Amtrak, as indicated by factors such as anticipated Federal
funding of capital and operating costs, Amtrak’s ability to efficiently recruit, retain, and manage its workforce, and Amtrak’s
ability to effectively provide passenger rail service;
(8) estimates of long-term and short-term debt and associated principal and interest payments (both current and anticipated);
(9) annual cash flow forecasts;

H. R. 2095—67
(10) a statement describing methods of estimation and
significant assumptions;
(11) specific measures that demonstrate measurable
improvement year over year in the financial results of Amtrak’s
operations;
(12) prior fiscal year and projected operating ratio, cash
operating loss, and cash operating loss per passenger on a
route, business line, and corporate basis;
(13) prior fiscal year and projected specific costs and
savings estimates resulting from reform initiatives;
(14) prior fiscal year and projected labor productivity statistics on a route, business line, and corporate basis;
(15) prior fiscal year and projected equipment reliability
statistics; and
(16) capital and operating expenditures for anticipated
security needs.
(c) STANDARDS TO PROMOTE FINANCIAL STABILITY.—In meeting
the requirements of subsection (b), Amtrak shall—
(1) apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity,
increasing revenues, or combinations of such practices;
(2) use the categories specified in the financial accounting
and reporting system developed under section 203 when preparing its 5-year financial plan; and
(3) ensure that the plan is consistent with the authorizations of appropriations under title I of this division.
(d) REVIEW BY DOT INSPECTOR GENERAL.—Within 60 days after
their submission by Amtrak, the Inspector General of the Department of Transportation shall review the annual budget and the
5-year financial plans prepared by Amtrak under this section to
determine whether they meet the requirements of subsection (b)
and shall furnish any relevant findings to the Committee on
Transportation and Infrastructure of the House of Representatives,
the Committee on Appropriations of the House of Representatives,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Appropriations of the Senate.
SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.

(a) IN GENERAL.—The Secretary of the Treasury, in consultation
with the Secretary and Amtrak, may make agreements to restructure Amtrak’s indebtedness as of the date of enactment of this
Act. This authorization expires 2 years after the date of enactment
of this Act.
(b) DEBT RESTRUCTURING.—The Secretary of the Treasury, in
consultation with the Secretary and Amtrak, shall enter into negotiations with the holders of Amtrak debt, including leases, outstanding as of the date of enactment of this Act for the purpose
of restructuring (including repayment) and repaying that debt. The
Secretary of the Treasury may secure agreements for restructuring
or repayment on such terms as the Secretary of the Treasury
deems favorable to the interests of the United States Government.
(c) CRITERIA.—In restructuring Amtrak’s indebtedness, the Secretary of the Treasury and Amtrak—
(1) shall take into consideration repayment costs, the term
of any loan or loans, and market conditions; and
(2) shall ensure that the restructuring results in significant
savings to Amtrak and the United States Government.

H. R. 2095—68
(d) PAYMENT OF RENEGOTIATED DEBT.—If the criteria under
subsection (c) are met, the Secretary of the Treasury may assume
or repay the restructured debt, as appropriate.
(e) AMTRAK PRINCIPAL AND INTEREST PAYMENTS.—
(1) PRINCIPAL ON DEBT SERVICE.—Unless the Secretary of
the Treasury makes sufficient payments to creditors under
subsection (d) so that Amtrak is required to make no payments
to creditors in a fiscal year, the Secretary shall use funds
authorized by section 102 of this division for the use of Amtrak
for retirement of principal or payment of interest on loans
for capital equipment, or capital leases.
(2) REDUCTIONS IN AUTHORIZATION LEVELS.—Whenever
action taken by the Secretary of the Treasury under subsection
(a) results in reductions in amounts of principal or interest
that Amtrak must service on existing debt, the corresponding
amounts authorized by section 102 shall be reduced accordingly.
(f) LEGAL EFFECT OF PAYMENTS UNDER THIS SECTION.—The
payment of principal and interest on secured debt, other than
debt assumed under subsection (d), with the proceeds of grants
under subsection (e) shall not—
(1) modify the extent or nature of any indebtedness of
Amtrak to the United States in existence as of the date of
enactment of this Act;
(2) change the private nature of Amtrak’s or its successors’
liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak’s outstanding indebtedness.
(g) SECRETARY APPROVAL.—Amtrak may not incur more debt
after the date of enactment of this Act without the express advance
approval of the Secretary.
(h) REPORT.—The Secretary of the Treasury shall transmit
a report to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Appropriations
of the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee
on Appropriations of the Senate, by June 1, 2010—
(1) describing in detail any agreements to restructure the
Amtrak debt; and
(2) providing an estimate of the savings to Amtrak and
the United States Government.
SEC. 206. ESTABLISHMENT OF GRANT PROCESS.

(a) GRANT REQUESTS.—Amtrak shall submit grant requests
(including a schedule for the disbursement of funds), consistent
with the requirements of this division, to the Secretary for funds
authorized to be appropriated to the Secretary for the use of Amtrak
under sections 101(a), (b), and (c), 102, 219(b), and 302.
(b) PROCEDURES FOR GRANT REQUESTS.—The Secretary shall
establish substantive and procedural requirements, including schedules, for grant requests under this section not later than 30 days
after the date of enactment of this Act and shall transmit copies
of such requirements and schedules to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate. As part of those requirements, the Secretary shall require,
at a minimum, that Amtrak deposit grant funds, consistent with

H. R. 2095—69
the appropriated amounts for each area of expenditure in a given
fiscal year, in the following 2 accounts:
(1) The Amtrak Operating account.
(2) The Amtrak General Capital account.
Amtrak may not transfer such funds to another account or expend
such funds for any purpose other than the purposes covered by
the account in which the funds are deposited without approval
by the Secretary.
(c) REVIEW AND APPROVAL.—
(1) 30-DAY APPROVAL PROCESS.—The Secretary shall complete the review of a grant request (including the disbursement
schedule) and approve or disapprove the request within 30
days after the date on which Amtrak submits the grant request.
If the Secretary disapproves the request or determines that
the request is incomplete or deficient, the Secretary shall
include the reason for disapproval or the incomplete items
or deficiencies in a notice to Amtrak.
(2) 15-DAY MODIFICATION PERIOD.—Within 15 days after
receiving notification from the Secretary under the preceding
sentence, Amtrak shall submit a modified request for the Secretary’s review.
(3) REVISED REQUESTS.—Within 15 days after receiving
a modified request from Amtrak, the Secretary shall either
approve the modified request, or, if the Secretary finds that
the request is still incomplete or deficient, the Secretary shall
identify in writing to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
the remaining deficiencies and recommend a process for
resolving the outstanding portions of the request.
SEC. 207. METRICS AND STANDARDS.

(a) IN GENERAL.—Within 180 days after the date of enactment
of this Act, the Federal Railroad Administration and Amtrak shall
jointly, in consultation with the Surface Transportation Board, rail
carriers over whose rail lines Amtrak trains operate, States, Amtrak
employees, nonprofit employee organizations representing Amtrak
employees, and groups representing Amtrak passengers, as appropriate, develop new or improve existing metrics and minimum
standards for measuring the performance and service quality of
intercity passenger train operations, including cost recovery, ontime performance and minutes of delay, ridership, on-board services,
stations, facilities, equipment, and other services. Such metrics,
at a minimum, shall include the percentage of avoidable and fully
allocated operating costs covered by passenger revenues on each
route, ridership per train mile operated, measures of on-time
performance and delays incurred by intercity passenger trains on
the rail lines of each rail carrier and, for long-distance routes,
measures of connectivity with other routes in all regions currently
receiving Amtrak service and the transportation needs of communities and populations that are not well-served by other forms
of intercity transportation. Amtrak shall provide reasonable access
to the Federal Railroad Administration in order to enable the
Administration to carry out its duty under this section.
(b) QUARTERLY REPORTS.—The Administrator of the Federal
Railroad Administration shall collect the necessary data and publish

H. R. 2095—70
a quarterly report on the performance and service quality of intercity passenger train operations, including Amtrak’s cost recovery,
ridership, on-time performance and minutes of delay, causes of
delay, on-board services, stations, facilities, equipment, and other
services.
(c) CONTRACTS WITH HOST RAIL CARRIERS.—To the extent practicable, Amtrak and its host rail carriers shall incorporate the
metrics and standards developed under subsection (a) into their
access and service agreements.
(d) ARBITRATION.—If the development of the metrics and standards is not completed within the 180-day period required by subsection (a), any party involved in the development of those standards
may petition the Surface Transportation Board to appoint an arbitrator to assist the parties in resolving their disputes through
binding arbitration.
SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.

(a) METHODOLOGY DEVELOPMENT.—Within 180 days after the
date of enactment of this Act, the Federal Railroad Administration
shall obtain the services of a qualified independent entity to develop
and recommend objective methodologies for Amtrak to use in determining what intercity passenger routes and services it will provide,
including the establishment of new routes, the elimination of
existing routes, and the contraction or expansion of services or
frequencies over such routes. In developing such methodologies,
the entity shall consider—
(1) the current or expected performance and service quality
of intercity passenger train operations, including cost recovery,
on-time performance and minutes of delay, ridership, on-board
services, stations, facilities, equipment, and other services;
(2) connectivity of a route with other routes;
(3) the transportation needs of communities and populations that are not well served by intercity passenger rail
service or by other forms of intercity transportation;
(4) Amtrak’s and other major intercity passenger rail
service providers in other countries’ methodologies for determining intercity passenger rail routes and services; and
(5) the views of the States and other interested parties.
(b) SUBMITTAL TO CONGRESS.—Within 1 year after the date
of enactment of this Act, the entity shall submit recommendations
developed under subsection (a) to Amtrak, the Committee on
Transportation and Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of
the Senate.
(c) CONSIDERATION OF RECOMMENDATIONS.—Within 90 days
after receiving the recommendations developed under subsection
(a) by the entity, the Amtrak Board of Directors shall consider
the adoption of those recommendations. The Board shall transmit
a report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate explaining its reasons
for adopting or not adopting the recommendations.
SEC. 209. STATE-SUPPORTED ROUTES.

(a) IN GENERAL.—Within 2 years after the date of enactment
of this Act, the Amtrak Board of Directors, in consultation with
the Secretary, the governors of each relevant State, and the Mayor

H. R. 2095—71
of the District of Columbia, or entities representing those officials,
shall develop and implement a single, nationwide standardized
methodology for establishing and allocating the operating and capital costs among the States and Amtrak associated with trains
operated on each of the routes described in section 24102(5)(B)
and (D) and section 24702 that—
(1) ensures, within 5 years after the date of enactment
of this Act, equal treatment in the provision of like services
of all States and groups of States (including the District of
Columbia); and
(2) allocates to each route the costs incurred only for the
benefit of that route and a proportionate share, based upon
factors that reasonably reflect relative use, of costs incurred
for the common benefit of more than 1 route.
(b) REVISIONS.—The Amtrak Board of Directors, in consultation
with the Secretary, the governors of each relevant State, and the
Mayor of the District of Columbia, or entities representing those
officials, may revise or amend the methodology established under
subsection (a) as necessary, consistent with the intent of this section, including revisions or modifications based on Amtrak’s financial accounting system developed pursuant to section 203 of this
division.
(c) REVIEW.—If Amtrak and the States (including the District
of Columbia) in which Amtrak operates such routes do not voluntarily adopt and implement the methodology developed under subsection (a) in allocating costs and determining compensation for
the provision of service in accordance with the date established
therein, the Surface Transportation Board shall determine the
appropriate methodology required under subsection (a) for such
services in accordance with the procedures and procedural schedule
applicable to a proceeding under section 24904(c) of title 49, United
States Code, and require the full implementation of this methodology with regards to the provision of such service within 1 year
after the Board’s determination of the appropriate methodology.
(d) USE OF CHAPTER 244 FUNDS.—Funds provided to a State
under chapter 244 of title 49, United States Code, may be used,
as provided in that chapter, to pay capital costs determined in
accordance with this section.
SEC. 210. LONG-DISTANCE ROUTES.

(a) IN GENERAL.—Chapter 247 is amended by adding at the
end thereof the following:
‘‘§ 24710. Long-distance routes
‘‘(a) ANNUAL EVALUATION.—Using the financial and performance metrics developed under section 207 of the Passenger Rail
Investment and Improvement Act of 2008, Amtrak shall—
‘‘(1) evaluate annually the financial and operating performance of each long-distance passenger rail route operated by
Amtrak; and
‘‘(2) rank the overall performance of such routes for 2008
and identify each long-distance passenger rail route operated
by Amtrak in 2008 according to its overall performance as
belonging to the best performing third of such routes, the
second best performing third of such routes, or the worst performing third of such routes.

H. R. 2095—72
‘‘(b) PERFORMANCE IMPROVEMENT PLAN.—Amtrak shall develop
and post on its website a performance improvement plan for its
long-distance passenger rail routes to achieve financial and operating improvements based on the data collected through the application of the financial and performance metrics developed under section 207 of that Act. The plan shall address—
‘‘(1) on-time performance;
‘‘(2) scheduling, frequency, routes, and stops;
‘‘(3) the feasibility of restructuring service into connected
corridor service;
‘‘(4) performance-related equipment changes and capital
improvements;
‘‘(5) on-board amenities and service, including food, first
class, and sleeping car service;
‘‘(6) State or other non-Federal financial contributions;
‘‘(7) improving financial performance;
‘‘(8) anticipated Federal funding of operating and capital
costs; and
‘‘(9) other aspects of Amtrak’s long-distance passenger rail
routes that affect the financial, competitive, and functional
performance of service on Amtrak’s long-distance passenger
rail routes.
‘‘(c) IMPLEMENTATION.—Amtrak shall implement the performance improvement plan developed under subsection (b)—
‘‘(1) beginning in fiscal year 2010 for those routes identified
as being in the worst performing third under subsection (a)(2);
‘‘(2) beginning in fiscal year 2011 for those routes identified
as being in the second best performing third under subsection
(a)(2); and
‘‘(3) beginning in fiscal year 2012 for those routes identified
as being in the best performing third under subsection (a)(2).
‘‘(d) ENFORCEMENT.—The Federal Railroad Administration shall
monitor the development, implementation, and outcome of improvement plans under this section. If the Federal Railroad Administration determines that Amtrak is not making reasonable progress
in implementing its performance improvement plan or, after the
performance improvement plan is implemented under subsection
(c)(1) in accordance with the terms of that plan, Amtrak has not
achieved the outcomes it has established for such routes, under
the plan for any calendar year, the Federal Railroad Administration—
‘‘(1) shall notify Amtrak, the Inspector General of the
Department of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of
the Senate of its determination under this subsection;
‘‘(2) shall provide Amtrak with an opportunity for a hearing
with respect to that determination; and
‘‘(3) may withhold appropriated funds otherwise available
to Amtrak for the operation of a route or routes from among
the worst performing third of routes currently served by Amtrak
on which Amtrak is not making reasonable progress, other
than funds made available for passenger safety or security
measures.’’.

H. R. 2095—73
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 247 is amended by inserting after the item relating to
section 24709 the following:
‘‘24710. Long distance routes.’’.
SEC. 211. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.

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

H. R. 2095—74
SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
IMPROVEMENTS.

(a) IN GENERAL.—Section 24905 is amended to read as follows:
‘‘§ 24905. Northeast Corridor Infrastructure and Operations
Advisory Commission; Safety Committee
‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
ADVISORY COMMISSION.—
‘‘(1) Within 180 days after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008, the
Secretary of Transportation shall establish a Northeast Corridor Infrastructure and Operations Advisory Commission
(referred to in this section as the ‘Commission’) to promote
mutual cooperation and planning pertaining to the rail operations and related activities of the Northeast Corridor. The
Commission shall be made up of—
‘‘(A) members representing Amtrak;
‘‘(B) members representing the Department of
Transportation, including the Federal Railroad Administration;
‘‘(C) 1 member from each of the States (including the
District of Columbia) that constitute the Northeast Corridor
as defined in section 24102, designated by, and serving
at the pleasure of, the chief executive officer thereof; and
‘‘(D) non-voting representatives of freight railroad carriers using the Northeast Corridor selected by the Secretary.
‘‘(2) The Secretary shall ensure that the membership
belonging to any of the groups enumerated under paragraph
(1) shall not constitute a majority of the Commission’s memberships.
‘‘(3) The Commission shall establish a schedule and location
for convening meetings, but shall meet no less than four times
per fiscal year, and the Commission shall develop rules and
procedures to govern the Commission’s proceedings.
‘‘(4) A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
‘‘(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5.
‘‘(6) The Chairman of the Commission shall be elected
by the members.
‘‘(7) The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
‘‘(8) Upon request of the Commission, the head of any
department or agency of the United States may detail, on
a reimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its
duties under this section.
‘‘(9) Upon the request of the Commission, the Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under
this section.
‘‘(10) The Commission shall consult with other entities
as appropriate.
‘‘(b) STATEMENT OF GOALS AND RECOMMENDATIONS.—

H. R. 2095—75
‘‘(1) STATEMENT OF GOALS.—The Commission shall develop
a statement of goals concerning the future of Northeast Corridor
rail infrastructure and operations based on achieving expanded
and improved intercity, commuter, and freight rail services
operating with greater safety and reliability, reduced travel
times, increased frequencies and enhanced intermodal connections designed to address airport and highway congestion,
reduce transportation energy consumption, improve air quality,
and increase economic development of the Northeast Corridor
region.
‘‘(2) RECOMMENDATIONS.—The Commission shall develop
recommendations based on the statement developed under this
section addressing, as appropriate—
‘‘(A) short-term and long-term capital investment needs
beyond those specified in the state-of-good-repair plan
under section 211 of the Passenger Rail Investment and
Improvement Act of 2008;
‘‘(B) future funding requirements for capital improvements and maintenance;
‘‘(C) operational improvements of intercity passenger
rail, commuter rail, and freight rail services;
‘‘(D) opportunities for additional non-rail uses of the
Northeast Corridor;
‘‘(E) scheduling and dispatching;
‘‘(F) safety and security enhancements;
‘‘(G) equipment design;
‘‘(H) marketing of rail services;
‘‘(I) future capacity requirements; and
‘‘(J) potential funding and financing mechanisms for
projects of corridor-wide significance.
‘‘(c) ACCESS COSTS.—
‘‘(1) DEVELOPMENT OF FORMULA.—Within 2 years after the
date of enactment of the Passenger Rail Investment and
Improvement Act of 2008, the Commission shall—
‘‘(A) develop a standardized formula for determining
and allocating costs, revenues, and compensation for Northeast Corridor commuter rail passenger transportation, as
defined in section 24102 of this title, on the Northeast
Corridor main line between Boston, Massachusetts, and
Washington, District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York,
that use Amtrak facilities or services or that provide such
facilities or services to Amtrak that ensures that—
‘‘(i) there is no cross-subsidization of commuter
rail passenger, intercity rail passenger, or freight rail
transportation;
‘‘(ii) each service is assigned the costs incurred
only for the benefit of that service, and a proportionate
share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit
of more than 1 service; and
‘‘(iii) all financial contributions made by an operator of a service that benefit an infrastructure owner
other than the operator are considered, including but
not limited to, any capital infrastructure investments
and in-kind services;

H. R. 2095—76
‘‘(B) develop a proposed timetable for implementing
the formula before the end of the 6th year following the
date of enactment of that Act;
‘‘(C) transmit the proposed timetable to the Surface
Transportation Board; and
‘‘(D) at the request of a Commission member, petition
the Surface Transportation Board to appoint a mediator
to assist the Commission members through non-binding
mediation to reach an agreement under this section.
‘‘(2) IMPLEMENTATION.—Amtrak and public authorities providing commuter rail passenger transportation on the Northeast
Corridor shall implement new agreements for usage of facilities
or services based on the formula proposed in paragraph (1)
in accordance with the timetable established therein. If the
entities fail to implement such new agreements in accordance
with the timetable, the Commission shall petition the Surface
Transportation Board to determine the appropriate compensation amounts for such services in accordance with section
24904(c) of this title. The Surface Transportation Board shall
enforce its determination on the party or parties involved.
‘‘(3) REVISIONS.—The Commission may make necessary
revisions to the formula developed under paragraph (1),
including revisions based on Amtrak’s financial accounting
system developed pursuant to section 203 of the Passenger
Rail Investment and Improvement Act of 2008.
‘‘(d) TRANSMISSION OF STATEMENT OF GOALS AND RECOMMENDATIONS.—The Commission shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
‘‘(1) the statement of goals developed under subsection
(b) within 1 year after the date of enactment of the Passenger
Rail Investment and Improvement Act of 2008; and
‘‘(2) the recommendations developed under subsection (b)
and the formula and timetable developed under subsection
(c)(1) annually.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Commission such sums as may be necessary for the period encompassing fiscal years 2009 through 2013
to carry out this section.
‘‘(f) NORTHEAST CORRIDOR SAFETY COMMITTEE.—
‘‘(1) IN GENERAL.—The Secretary shall establish a Northeast Corridor Safety Committee composed of members
appointed by the Secretary. The members shall be representatives of—
‘‘(A) the Department of Transportation, including the
Federal Railroad Administration;
‘‘(B) Amtrak;
‘‘(C) freight carriers operating more than 150,000 train
miles a year on the main line of the Northeast Corridor;
‘‘(D) commuter rail agencies;
‘‘(E) rail passengers;
‘‘(F) rail labor; and
‘‘(G) other individuals and organizations the Secretary
decides have a significant interest in rail safety or security.
‘‘(2) FUNCTION; MEETINGS.—The Secretary shall consult
with the Committee about safety and security improvements

H. R. 2095—77
on the Northeast Corridor main line. The Committee shall
meet at least two times per year to consider safety and security
matters on the main line.
‘‘(3) REPORT.—At the beginning of the first session of each
Congress, the Secretary shall submit a report to the Commission and to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the
status of efforts to improve safety and security on the Northeast
Corridor main line. The report shall include the safety and
security recommendations of the Committee and the comments
of the Secretary on those recommendations.’’.
(b) CONFORMING AMENDMENTS.—(1) The item relating to section
24905 in the table of sections of chapter 249 is amended to read
as follows:
‘‘24905. Northeast Corridor Infrastructure and Operations Advisory Commission;
Safety Committee.’’.

(2) Section 24904(c)(2) is amended by—
(A) inserting ‘‘commuter rail passenger and’’ after
‘‘between’’; and
(B) striking ‘‘freight’’ in the second sentence.
(c) RIDOT ACCESS AGREEMENT.—
(1) IN GENERAL.—Not later than July 1, 2009, Amtrak
and the Rhode Island Department of Transportation shall enter
into an agreement governing access fees and other costs or
charges related to the operation of the South County commuter
rail service on the Northeast Corridor between Providence and
Wickford Junction, Rhode Island.
(2) FAILURE TO REACH AGREEMENT.—If Amtrak and the
Rhode Island Department of Transportation fail to reach the
agreement specified under paragraph (1), the Administrator
of the Federal Railroad Administration shall, after consultation
with both parties, resolve any outstanding disagreements
between the parties, including setting access fees and other
costs or charges related to the operation of the South County
commuter rail service that do not allow for the cross-subsidization of intercity rail passenger and commuter rail passenger
service, not later than January 1, 2010.
(3) INTERIM ACCESS COSTS.—Any agreement between
Amtrak and the Rhode Island Department of Transportation
relating to access costs made under this subsection shall be
superseded by any access cost formula developed by the Northeast Corridor Infrastructure and Operations Advisory Commission under section 24905(c)(1) of title 49, United States Code,
as amended by subsection (a) of this section.
(d) HIGH-SPEED SERVICE STUDY.—
(1) IN GENERAL.—Amtrak shall submit a report detailing
the infrastructure and equipment improvements necessary to
provide regular high-speed service—
(A) between Washington, District of Columbia, and
New York, New York, in 2 hours and 30 minutes; and
(B) between New York, New York, and Boston,
Massachusetts, in 3 hours and 15 minutes.
(2) ISSUES.—The report shall include—
(A) an estimated time frame for achieving the trip
time described in paragraph (1);

H. R. 2095—78
(B) an analysis of any significant obstacles that would
hinder such an achievement;
(C) a detailed description and cost estimate of the
specific infrastructure and equipment improvements necessary for such an achievement; and
(D) an initial assessment of the infrastructure and
equipment improvements, including an order of magnitude
cost estimate of such improvements, that would be necessary to provide regular high-speed service—
(i) between Washington, District of Columbia, and
New York, New York, in 2 hours and 15 minutes;
and
(ii) between New York, New York, and Boston,
Massachusetts, in 3 hours.
(3) REPORT.—Within 1 year after the date of enactment
of this Act, Amtrak shall submit the report required under
this subsection to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and Infrastructure of the House of Representatives;
(D) the Committee on Appropriations of the House
of Representatives; and
(E) the Federal Railroad Administration.
(e) REPORT ON NORTHEAST CORRIDOR ECONOMIC DEVELOPMENT.—Within 2 years after the date of enactment of this Act,
the Northeast Corridor Infrastructure and Operations Advisory
Commission shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
a report on the role of Amtrak’s Northeast Corridor service between
Washington, District of Columbia, and New York, New York, in
the economic development of the Northeast Corridor region. The
report shall examine how to enhance the utilization of the Northeast
Corridor for greater economic development, including improving—
(1) real estate utilization;
(2) improved intercity, commuter, and freight services; and
(3) optimum utility utilization.
SEC. 213. PASSENGER TRAIN PERFORMANCE.

(a) IN GENERAL.—Section 24308 is amended by adding at the
end the following:
‘‘(f) PASSENGER TRAIN PERFORMANCE AND OTHER STANDARDS.—
‘‘(1) INVESTIGATION OF SUBSTANDARD PERFORMANCE.—If the
on-time performance of any intercity passenger train averages
less than 80 percent for any 2 consecutive calendar quarters,
or the service quality of intercity passenger train operations
for which minimum standards are established under section
207 of the Passenger Rail Investment and Improvement Act
of 2008 fails to meet those standards for 2 consecutive calendar
quarters, the Surface Transportation Board (referred to in this
section as the ‘Board’) may initiate an investigation, or upon
the filing of a complaint by Amtrak, an intercity passenger
rail operator, a host freight railroad over which Amtrak operates, or an entity for which Amtrak operates intercity passenger
rail service, the Board shall initiate such an investigation,

H. R. 2095—79
to determine whether and to what extent delays or failure
to achieve minimum standards are due to causes that could
reasonably be addressed by a rail carrier over whose tracks
the intercity passenger train operates or reasonably addressed
by Amtrak or other intercity passenger rail operators. As part
of its investigation, the Board has authority to review the
accuracy of the train performance data and the extent to which
scheduling and congestion contribute to delays. In making its
determination or carrying out such an investigation, the Board
shall obtain information from all parties involved and identify
reasonable measures and make recommendations to improve
the service, quality, and on-time performance of the train.
‘‘(2) PROBLEMS CAUSED BY HOST RAIL CARRIER.—If the Board
determines that delays or failures to achieve minimum standards investigated under paragraph (1) are attributable to a
rail carrier’s failure to provide preference to Amtrak over freight
transportation as required under subsection (c), the Board may
award damages against the host rail carrier, including prescribing such other relief to Amtrak as it determines to be
reasonable and appropriate pursuant to paragraph (3) of this
subsection.
‘‘(3) DAMAGES AND RELIEF.—In awarding damages and prescribing other relief under this subsection the Board shall consider such factors as—
‘‘(A) the extent to which Amtrak suffers financial loss
as a result of host rail carrier delays or failure to achieve
minimum standards; and
‘‘(B) what reasonable measures would adequately deter
future actions which may reasonably be expected to be
likely to result in delays to Amtrak on the route involved.
‘‘(4) USE OF DAMAGES.—The Board shall, as it deems appropriate, order the host rail carrier to remit the damages awarded
under this subsection to Amtrak or to an entity for which
Amtrak operates intercity passenger rail service. Such damages
shall be used for capital or operating expenditures on the
routes over which delays or failures to achieve minimum standards were the result of a rail carrier’s failure to provide preference to Amtrak over freight transportation as determined
in accordance with paragraph (2).’’.
(b) FEES.—The Surface Transportation Board may establish
and collect filing fees from any entity that files a complaint under
section 24308(f)(1) of title 49, United States Code, or otherwise
requests or requires the Board’s services pursuant to this division.
The Board shall establish such fees at levels that will fully or
partially, as the Board determines to be appropriate, offset the
costs of adjudicating complaints under that section and other
requests or requirements for Board action under this division. The
Board may waive any fee established under this subsection for
any governmental entity as determined appropriate by the Board.
(c) AUTHORIZATION OF ADDITIONAL STAFF.—The Surface
Transportation Board may increase the number of Board employees
by up to 15 for the 5 fiscal year period beginning with fiscal
year 2009 to carry out its responsibilities under section 24308
of title 49, United States Code, and this division.
(d) CHANGE OF REFERENCE.—Section 24308 is amended—
(1) by striking ‘‘Interstate Commerce Commission’’ in subsection (a)(2)(A) and inserting ‘‘Surface Transportation Board’’;

H. R. 2095—80
(2) by striking ‘‘Commission’’ each place it appears and
inserting ‘‘Board’’;
(3) by striking ‘‘Secretary of Transportation’’ in subsection
(c) and inserting ‘‘Board’’; and
(4) by striking ‘‘Secretary’’ the last 3 places it appears
in subsection (c) and each place it appears in subsections (d)
and (e) and inserting ‘‘Board’’.
SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM.

(a) IN GENERAL.—Chapter 247, as amended by section 210,
is amended by adding at the end thereof the following:
‘‘§ 24711. Alternate passenger rail service pilot program
‘‘(a) IN GENERAL.—Within 1 year after the date of enactment
of the Passenger Rail Investment and Improvement Act of 2008,
the Federal Railroad Administration shall complete a rulemaking
proceeding to develop a pilot program that—
‘‘(1) permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates a passenger rail service
route described in subparagraph (B), (C), or (D) of section
24102(5) or in section 24702 to petition the Administration
to be considered as a passenger rail service provider over that
route in lieu of Amtrak for a period not to exceed 5 years
after the date of enactment of the Passenger Rail Investment
and Improvement Act of 2008;
‘‘(2) requires the Administration to notify Amtrak within
30 days after receiving a petition under paragraph (1) and
establish a deadline by which both the petitioner and Amtrak
would be required to submit a bid to provide passenger rail
service over the route to which the petition relates;
‘‘(3) requires that each bid describe how the bidder would
operate the route, what Amtrak passenger equipment would
be needed, if any, what sources of non-Federal funding the
bidder would use, including any State subsidy, among other
things;
‘‘(4) requires the Administration to select winning bidders
by evaluating the bids against the financial and performance
metrics developed under section 207 of the Passenger Rail
Investment and Improvement Act of 2008 and to give preference
in awarding contracts to bidders seeking to operate routes
that have been identified as one of the five worst performing
Amtrak routes under section 24710;
‘‘(5) requires the Administration to execute a contract
within a specified, limited time after the deadline established
under paragraph (2) and award to the winning bidder—
‘‘(A) the right and obligation to provide passenger rail
service over that route subject to such performance standards as the Administration may require, consistent with
the standards developed under section 207 of the Passenger
Rail Investment and Improvement Act of 2008; and
‘‘(B) an operating subsidy—
‘‘(i) for the first year at a level not in excess of
the level in effect during the fiscal year preceding
the fiscal year in which the petition was received,
adjusted for inflation;
‘‘(ii) for any subsequent years at such level,
adjusted for inflation; and

H. R. 2095—81
‘‘(6) requires that each bid contain a staffing plan describing
the number of employees needed to operate the service, the
job assignments and requirements, and the terms of work for
prospective and current employees of the bidder for the service
outlined in the bid, and such staffing plan be made available
by the winning bidder to the public after the bid award.
‘‘(b) ROUTE LIMITATIONS.—The Administration may not make
the program available with respect to more than 2 Amtrak intercity
passenger rail routes.
‘‘(c) PERFORMANCE STANDARDS; ACCESS TO FACILITIES;
EMPLOYEES.—If the Administration awards the right and obligation
to provide passenger rail service over a route under the program
to a rail carrier or rail carriers—
‘‘(1) it shall execute a contract with the rail carrier or
rail carriers for rail passenger operations on that route that
conditions the operating and subsidy rights upon—
‘‘(A) the service provider continuing to provide passenger rail service on the route that is no less frequent,
nor over a shorter distance, than Amtrak provided on that
route before the award; and
‘‘(B) the service provider’s compliance with the minimum standards established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and
such additional performance standards as the Administration may establish;
‘‘(2) it shall, if the award is made to a rail carrier other
than Amtrak, require Amtrak to provide access to its reservation system, stations, and facilities directly related to operations
to any rail carrier or rail carriers awarded a contract under
this section, in accordance with section 217 of that Act, necessary to carry out the purposes of this section;
‘‘(3) the employees of any person used by a rail carrier
or rail carriers (as defined in section 10102(5) of this title)
in the operation of a route under this section shall be considered
an employee of that carrier or carriers and subject to the
applicable Federal laws and regulations governing similar crafts
or classes of employees of Amtrak, including provisions under
section 121 of the Amtrak Reform and Accountability Act of
1997 relating to employees that provide food and beverage
service; and
‘‘(4) the winning bidder shall provide hiring preference
to qualified Amtrak employees displaced by the award of the
bid, consistent with the staffing plan submitted by the bidder
and shall be subject to the grant conditions under section
24405 of this title.
‘‘(d) CESSATION OF SERVICE.—If a rail carrier or rail carriers
awarded a route under this section cease to operate the service
or fail to fulfill their obligations under the contract required under
subsection (c), the Administrator, in collaboration with the Surface
Transportation Board, shall take any necessary action consistent
with this title to enforce the contract and ensure the continued
provision of service, including the installment of an interim service
provider and re-bidding the contract to operate the service. The
entity providing service shall either be Amtrak or a rail carrier
defined in subsection (a)(1).
‘‘(e) ADEQUATE RESOURCES.—Before taking any action allowed
under this section, the Secretary shall certify that the Administrator

H. R. 2095—82
has sufficient resources that are adequate to undertake the program
established under this section.’’.
(b) REPORT.—Within 1 year after the conclusion of the pilot
program established under subsection (a), the Federal Railroad
Administration shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
a report on the results on the pilot program established under
section 24711, and any recommendations for further action.
(c) CONFORMING AMENDMENT.—The chapter analysis for
chapter 247, as amended by section 210, is amended by inserting
after the item relating to section 24710 the following:
‘‘24711. Alternate passenger rail service pilot program.’’.
SEC. 215. EMPLOYEE TRANSITION ASSISTANCE.

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

H. R. 2095—83
section 101 of this division for termination-related payments to
employees under existing contractual agreements.
SEC. 216. SPECIAL PASSENGER TRAINS.

Amtrak is encouraged to increase the operation of special trains
funded by, or in partnership with, private sector operators through
competitive contracting to minimize the need for Federal subsidies.
Amtrak shall utilize the provisions of section 24308 of title 49,
United States Code, when necessary to obtain access to facilities,
train and engine crews, or services of a rail carrier or regional
transportation authority that are required to operate such trains.
SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.

If a State desires to select or selects an entity other than
Amtrak to provide services required for the operation of an intercity
passenger train route described in section 24102(5)(D) or 24702
of title 49, United States Code, the State may make an agreement
with Amtrak to use facilities and equipment of, or have services
provided by, Amtrak under terms agreed to by the State and
Amtrak to enable the State to utilize an entity other than Amtrak
to provide services required for operation of the route. If the parties
cannot agree upon terms, and the Surface Transportation Board
finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary to carry out this provision
and that the operation of Amtrak’s other services will not be
impaired thereby, the Surface Transportation Board shall, within
120 days after submission of the dispute, issue an order that the
facilities and equipment be made available, and that services be
provided, by Amtrak, and shall determine reasonable compensation,
liability, and other terms for use of the facilities and equipment
and provision of the services. Compensation shall be determined,
as appropriate, in accordance with the methodology established
pursuant to section 209 of this division, if available.
SEC. 218. GENERAL AMTRAK PROVISIONS.

(a) CONFORMING CHANGES.—
(1) PLAN REQUIRED.—Section 24101(d) is amended—
(A) by striking ‘‘plan to operate within the funding
levels authorized by section 24104 of this chapter, including
the budgetary goals for fiscal years 1998 through 2002.’’
and inserting ‘‘plan, consistent with section 204 of the
Passenger Rail Investment and Improvement Act of 2008,
including the budgetary goals for fiscal years 2009 through
2013.’’; and
(B) by striking the last sentence and inserting ‘‘Amtrak
and its Board of Directors shall adopt a long-term plan
that minimizes the need for Federal operating subsidies.’’.
(2) AMTRAK REFORM AND ACCOUNTABILITY ACT AMENDMENTS.—Title II of the Amtrak Reform and Accountability Act
of 1997 (49 U.S.C. 24101 nt) is amended by striking sections
204 and 205.
(b) LEASE ARRANGEMENTS AND OTHER PURCHASES.—Amtrak
may obtain from the Administrator of General Services, and the
Administrator may provide to Amtrak, services under sections
502(a) and 602 of title 40, United States Code.

H. R. 2095—84
SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING INTERCITY RAIL STATIONS.

(a) IN GENERAL.—Amtrak, in consultation with station owners
and other railroads operating service through the existing stations
that it serves, shall evaluate the improvements necessary to make
these stations readily accessible to and usable by individuals with
disabilities, as required by such section 242(e)(2) of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The evaluation
shall include, for each applicable station, improvements required
to bring it into compliance with the applicable parts of such section
242(e)(2), any potential barriers to achieving compliance, including
issues related to passenger rail station platforms, the estimated
cost of the improvements necessary, the identification of the responsible person (as defined in section 241(5) of that Act (42 U.S.C.
12161(5))), and the earliest practicable date when such improvements can be made. The evaluation shall also include a detailed
plan and schedule for bringing all applicable stations into compliance with the applicable parts of section 242(e)(2) by the 2010
statutory deadline for station accessibility. Amtrak shall submit
the evaluation to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Commerce,
Science, and Transportation of the Senate; the Department of
Transportation; and the National Council on Disability by February
1, 2009, along with recommendations for funding the necessary
improvements. Should the Department of Transportation issue any
rule related to transportation for individuals with disabilities by
intercity passenger rail after Amtrak submits its evaluation,
Amtrak shall, within 120 days after the date that such rule is
published, submit to the above parties a supplemental evaluation
on any impact of the rule on its cost and schedule for achieving
full compliance.
(b) ACCESSIBILITY IMPROVEMENTS AND BARRIER REMOVAL FOR
PEOPLE WITH DISABILITIES.—There are authorized to be appropriated to the Secretary for the use of Amtrak such sums as may
be necessary to improve the accessibility of facilities, including
rail platforms, and services.
SEC. 220. OVERSIGHT OF AMTRAK’S COMPLIANCE WITH ACCESSIBILITY REQUIREMENTS.

Using the funds authorized by section 103 of this division,
the Federal Railroad Administration shall monitor and conduct
periodic reviews of Amtrak’s compliance with applicable sections
of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1974 to ensure that Amtrak’s services and facilities
are accessible to individuals with disabilities to the extent required
by law.
SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY.

(a) IN GENERAL.—Chapter 243 is amended by inserting after
section 24309 the following:
‘‘§ 24310. Management accountability
‘‘(a) IN GENERAL.—Within 3 years after the date of enactment
of the Passenger Rail Investment and Improvement Act of 2008,
and 2 years thereafter, the Inspector General of the Department
of Transportation shall complete an overall assessment of the

H. R. 2095—85
progress made by Amtrak management and the Department of
Transportation in implementing the provisions of that Act.
‘‘(b) ASSESSMENT.—The management assessment undertaken
by the Inspector General may include a review of—
‘‘(1) effectiveness in improving annual financial planning;
‘‘(2) effectiveness in implementing improved financial
accounting;
‘‘(3) efforts to implement minimum train performance
standards;
‘‘(4) progress maximizing revenues, minimizing Federal
subsidies, and improving financial results; and
‘‘(5) any other aspect of Amtrak operations the Inspector
General finds appropriate to review.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 243 is amended by inserting after the item relating to
section 24309 the following:
‘‘24310. Management accountability.’’.
SEC. 222. ON-BOARD SERVICE IMPROVEMENTS.

(a) IN GENERAL.—Within 1 year after metrics and standards
are established under section 207 of this division, Amtrak shall
develop and implement a plan to improve on-board service pursuant
to the metrics and standards for such service developed under
that section.
(b) REPORT.—Amtrak shall provide a report to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate on the on-board service improvements proscribed
in the plan and the timeline for implementing such improvements.
SEC. 223. INCENTIVE PAY.

The Amtrak Board of Directors is encouraged to develop an
incentive pay program for Amtrak management employees.
SEC. 224. PASSENGER RAIL SERVICE STUDIES.

(a) INTERCITY RAIL SERVICE STUDIES.—Within 1 year after the
date of enactment of this Act, Amtrak shall conduct studies of
the following routes:
(1) The Pioneer Route between Seattle and Chicago, which
was operated by Amtrak until 1997, to determine whether
to reinstate passenger rail service along the route or along
segments of the route.
(2) The North Coast Hiawatha Route between Chicago
and Seattle, through southern Montana, which was operated
by Amtrak until 1979, to determine whether to reinstate passenger rail service along the route or along segments of the
route, provided that such service will not negatively impact
existing Amtrak routes.
(3) Between Cornwells Heights, Pennsylvania, and New
York, New York, to determine whether to expand passenger
rail service by increasing the frequency of stops or reducing
commuter ticket prices for this route.
(4) Between Princeton Junction, New Jersey, and Philadelphia, Pennsylvania, to determine whether to expand passenger
rail service along the route.

H. R. 2095—86
(5) Between Harrisburg and Pittsburgh, Pennsylvania, to
determine whether to increase frequency of passenger rail
service along the route or along segments of the route.
(6) The Capitol Limited Route between Cumberland, Maryland, and Pittsburgh, Pennsylvania, to determine whether to
reinstate a station stop at Rockwood, Pennsylvania.
(b) ASSISTANCE.—The Comptroller General of the General
Accountability Office shall, upon request by Amtrak, assist Amtrak
in conducting the studies under subsection (a).
(c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The Secretary
shall conduct—
(A) an analysis of the Secretary’s December 1, 1998, extension of the designation of the Southeast High-Speed Rail Corridor as authorized under section 104(d)(2) of title 23, United
States Code, including an analysis of alternative routings for
the corridor;
(B) a feasibility analysis regarding the expansion of the
South Central High-Speed Rail Corridor—
(i) to Memphis, Tennessee;
(ii) to the Port of Houston, Texas;
(iii) through Killeen, Texas; and
(iv) south of San Antonio, Texas, to a location in far
south Texas to be chosen at the discretion of the Secretary;
and
(C) a feasibility analysis regarding the expansion of the
Keystone Corridor to Cleveland, Ohio.
These analyses shall consider changes that have occurred in the
region’s population, anticipated patterns of population growth,
connectivity with other modes of transportation, the ability of the
proposed corridor to reduce regional traffic congestion, and the
ability of current and proposed routings to enhance tourism. Within
1 year after the date of enactment of this Act, the Secretary shall
submit a report on these analyses to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, and shall redesignate or modify corridor designations based
on these analyses, if necessary.
(2) The Secretary shall establish a process for a State or group
of States to petition the Secretary to redesignate or modify any
designated high-speed rail corridors.
SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL
ROUTES.

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

H. R. 2095—87
(2) contains recommendations for improving the on-time
performance of such routes.
SEC. 226. PLAN FOR RESTORATION OF SERVICE.

Within 9 months after the date of enactment of this Act, Amtrak
shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for
restoring passenger rail service between New Orleans, Louisiana,
and Sanford, Florida. The plan shall include a projected timeline
for restoring such service, the costs associated with restoring such
service, and any proposals for legislation necessary to support such
restoration of service. In developing the plan, Amtrak shall consult
with representatives from the States of Louisiana, Alabama, Mississippi, and Florida, railroad carriers whose tracks may be used
for such service, rail passengers, rail labor, and other entities as
appropriate.
SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZATION STUDY.

Within 9 months after the date of enactment of this Act, the
Inspector General of the Department of Transportation shall
transmit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on Amtrak’s
utilization of its equipment maintenance and repair facilities,
including the Beech Grove Mechanical Facility in Indiana. The
report shall include an examination of Amtrak’s utilization of its
existing equipment maintenance and repair facilities, the productivity of such facilities, and the extent to which Amtrak is maximizing opportunities for utilizing each facility, including the provision of maintenance and repair to other rail carriers. In developing
this report, the Inspector General shall consult with the Inspector
General of Amtrak, Amtrak management, rail labor, and other
railroad carriers, as it deems appropriate.
SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO MAINTAIN AMTRAK AS A NATIONAL PASSENGER RAIL SYSTEM.

(a) FINDINGS.—The Congress makes the following findings:
(1) In fiscal year 2007, 3,800,000 passengers traveled on
Amtrak’s long-distance trains, an increase of 2.4 percent over
fiscal year 2006.
(2) Amtrak long-distance routes generated $376,000,000
in revenue in fiscal year 2007, an increase of 5 percent over
fiscal year 2006.
(3) Amtrak operates 15 long-distance trains over 18,500
route miles that serve 39 States and the District of Columbia.
These trains provide the only rail passenger service to 23
States.
(4) Amtrak’s long-distance trains provide an essential
transportation service for many communities and to a significant percentage of the general public.
(5) Many long-distance trains serve small communities with
limited or no significant air or bus service, especially in remote
or isolated areas in the United States.
(6) As a result of airline deregulation and decisions by
national bus carriers to leave many communities, rail transportation may provide the only feasible common carrier transportation option for a growing number of areas.

H. R. 2095—88
(7) If long-distance trains were eliminated, 23 States and
243 communities would be left with no intercity passenger
rail service and 16 other States would lose some rail service.
These trains provide a strong economic benefit for the States
and communities that they serve.
(8) Long-distance trains also provide transportation during
periods of severe weather or emergencies that stall other modes
of transportation.
(9) Amtrak provided the only reliable long-distance
transportation following the September 11, 2001, terrorist
attacks that grounded air travel.
(10) The majority of passengers on long-distance trains
do not travel between the endpoints, but rather between any
combination of cities along the route.
(11) Passenger trains provide transportation options,
mobility for underserved populations, congestion mitigation,
and jobs in the areas they serve.
(12) Passenger rail has a positive impact on the environment compared to other modes of transportation by conserving
energy, reducing greenhouse gas emissions, and cutting down
on other airborne particulate and toxic emissions.
(13) Amtrak communities that are served use passenger
rail and passenger rail stations as a significant source of economic development.
(14) This division makes meaningful and important reforms
to increase the efficiency, profitability and on-time performance
of Amtrak’s long-distance routes.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) long-distance passenger rail is a vital and necessary
part of our national transportation system and economy; and
(2) Amtrak should maintain a national passenger rail
system, including long-distance routes, that connects the continental United States from coast to coast and from border to
border.

TITLE III—INTERCITY PASSENGER RAIL
POLICY
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL
SERVICE.

(a) IN GENERAL.—Part C of subtitle V is amended by inserting
the following after chapter 243:
‘‘CHAPTER 244—INTERCITY PASSENGER RAIL SERVICE
CORRIDOR CAPITAL ASSISTANCE
‘‘Sec.
‘‘24401.
‘‘24402.
‘‘24403.
‘‘24404.
‘‘24405.
‘‘24406.

Definitions.
Capital investment grants to support intercity passenger rail service.
Project management oversight.
Use of capital grants to finance first-dollar liability of grant project.
Grant conditions.
Authorization of appropriations.

‘‘§ 24401. Definitions
‘‘In this chapter:

H. R. 2095—89
‘‘(1) APPLICANT.—The term ‘applicant’ means a State
(including the District of Columbia), a group of States, an
Interstate Compact, or a public agency established by one or
more States and having responsibility for providing intercity
passenger rail service.
‘‘(2) CAPITAL PROJECT.—The term ‘capital project’ means
a project or program in a State rail plan developed under
chapter 227 of this title for—
‘‘(A) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility for
use in or for the primary benefit of intercity passenger
rail service, expenses incidental to the acquisition or
construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring
rights-of-way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade crossing
improvements related to intercity passenger rail service,
mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
‘‘(B) rehabilitating, remanufacturing or overhauling
rail rolling stock and facilities used primarily in intercity
passenger rail service;
‘‘(C) costs associated with developing State rail plans;
and
‘‘(D) the first-dollar liability costs for insurance related
to the provision of intercity passenger rail service under
section 24404.
‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The term ‘intercity passenger rail service’ means intercity rail passenger
transportation, as defined in section 24102 of this title.
‘‘§ 24402. Capital investment grants to support intercity passenger rail service
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) The Secretary of Transportation may make grants
under this section to an applicant to assist in financing the
capital costs of facilities, infrastructure, and equipment necessary to provide or improve intercity passenger rail transportation.
‘‘(2) Consistent with the requirements of this chapter, the
Secretary shall require that a grant under this section be
subject to the terms, conditions, requirements, and provisions
the Secretary decides are necessary or appropriate for the purposes of this section, including requirements for the disposition
of net increases in value of real property resulting from the
project assisted under this section and shall prescribe procedures and schedules for the awarding of grants under this
title, including application and qualification procedures and
a record of decision on applicant eligibility. The Secretary shall
issue a final rule establishing such procedures not later than
2 years after the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008. For the period prior
to the earlier of the issuance of such a rule or 2 years after
the date of enactment of such Act, the Secretary shall issue
interim guidance to applicants covering such procedures, and

H. R. 2095—90
administer the grant program authorized under this section
pursuant to such guidance.
‘‘(b) PROJECT AS PART OF STATE RAIL PLAN.—
‘‘(1) The Secretary may not approve a grant for a project
under this section unless the Secretary finds that the project
is part of a State rail plan developed under chapter 227 of
this title, or under the plan required by section 211 of the
Passenger Rail Investment and Improvement Act of 2008, and
that the applicant or recipient has or will have the legal,
financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or
facilities, and the capability and willingness to maintain the
equipment or facilities.
‘‘(2) An applicant shall provide sufficient information upon
which the Secretary can make the findings required by this
subsection.
‘‘(3) If an applicant has not selected the proposed operator
of its service competitively, the applicant shall provide written
justification to the Secretary showing why the proposed operator is the best, taking into account price and other factors,
and that use of the proposed operator will not unnecessarily
increase the cost of the project.
‘‘(c) PROJECT SELECTION CRITERIA.—The Secretary, in selecting
the recipients of financial assistance to be provided under subsection
(a), shall—
‘‘(1) require—
‘‘(A) that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan
required by section 211 of the Passenger Rail Investment
and Improvement Act of 2008;
‘‘(B) that the applicant or recipient has or will have
the legal, financial, and technical capacity to carry out
the project, satisfactory continuing control over the use
of the equipment or facilities, and the capability and
willingness to maintain the equipment or facilities;
‘‘(C) that the applicant provides sufficient information
upon which the Secretary can make the findings required
by this subsection;
‘‘(D) that if an applicant has selected the proposed
operator of its service competitively, that the applicant
provide written justification to the Secretary showing why
the proposed operator is the best, taking into account costs
and other factors;
‘‘(E) that each proposed project meet all safety and
security requirements that are applicable to the project
under law; and
‘‘(F) that each project be compatible with, and operated
in conformance with—
‘‘(i) plans developed pursuant to the requirements
of section 135 of title 23, United States Code; and
‘‘(ii) the national rail plan (if it is available);
‘‘(2) select projects—
‘‘(A) that are anticipated to result in significant
improvements to intercity rail passenger service, including,
but not limited to, consideration of—

H. R. 2095—91
‘‘(i) the project’s levels of estimated ridership,
increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing
demand, or other significant service enhancements as
measured against minimum standards developed under
section 207 of the Passenger Rail Investment and
Improvement Act of 2008;
‘‘(ii) the project’s anticipated favorable impact on
air or highway traffic congestion, capacity, or safety;
and
‘‘(iii) identification of the project by the Surface
Transportation Board as necessary to improve the ontime performance and reliability of intercity passenger
rail under section 24308(f);
‘‘(B) for which there is a high degree of confidence
that the proposed project is feasible and will result in
the anticipated benefits, as indicated by—
‘‘(i) the project’s precommencement compliance
with environmental protection requirements;
‘‘(ii) the readiness of the project to be commenced;
‘‘(iii) the timing and amount of the project’s future
noncommitted investments;
‘‘(iv) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
‘‘(v) other relevant factors as determined by the
Secretary; and
‘‘(C) for which the level of the anticipated benefits
compares favorably to the amount of Federal funding
requested under this chapter; and
‘‘(3) give greater consideration to projects—
‘‘(A) that are anticipated to result in benefits to other
modes transportation and to the public at large, including,
but not limited to, consideration of the project’s—
‘‘(i) encouragement of intermodal connectivity
through provision of direct connections between train
stations, airports, bus terminals, subway stations, ferry
ports, and other modes of transportation;
‘‘(ii) anticipated improvement of freight or commuter rail operations;
‘‘(iii) encouragement of the use of positive train
control technologies;
‘‘(iv) environmental benefits, including projects
that involve the purchase of environmentally sensitive,
fuel-efficient, and cost-effective passenger rail equipment;
‘‘(v) anticipated positive economic and employment
impacts;
‘‘(vi) encouragement of State and private contributions toward station development, energy and environmentally efficiency, and economic benefits; and
‘‘(vii) falling under the description in section
5302(a)(1)(G) of this title as defined to support intercity
passenger rail service; and
‘‘(B) that incorporate equitable financial participation
in the project’s financing, including, but not limited to,
consideration of—

H. R. 2095—92
‘‘(i) donated property interests or services;
‘‘(ii) financial contributions by freight and commuter rail carriers commensurate with the benefit
expected to their operations; and
‘‘(iii) financial commitments from host railroads,
non-Federal governmental entities, nongovernmental
entities, and others.
‘‘(d) STATE RAIL PLANS.—State rail plans completed before the
date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of
chapter 227 of this title, as determined by the Secretary pursuant
to section 22506 of this title, shall be deemed by the Secretary
to have met the requirements of subsection (c)(1)(A) of this section.
‘‘(e) AMTRAK ELIGIBILITY.—To receive a grant under this section,
Amtrak may enter into a cooperative agreement with 1 or more
States to carry out 1 or more projects on a State rail plan’s ranked
list of rail capital projects developed under section 22504(a)(5) of
this title. For such a grant, Amtrak may not use Federal funds
authorized under section 101(a) or (c) of the Passenger Rail Investment and Improvement Act of 2008 to fulfill the non-Federal share
requirements under subsection (g) of this section.
‘‘(f) LETTERS OF INTENT AND EARLY SYSTEMS WORK AGREEMENTS.—
‘‘(1) The Secretary may issue a letter of intent to an
applicant announcing an intention to obligate, for a major capital project under this section, an amount from future available
budget authority specified in law that is not more than the
amount stipulated as the financial participation of the Secretary
in the project.
‘‘(2) At least 30 days before issuing a letter under paragraph
(1) of this subsection, the Secretary shall notify in writing
the Committee on Transportation and Infrastructure of the
House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the House and
Senate Committees on Appropriations of the proposed letter
or agreement. The Secretary shall include with the notification
a copy of the proposed letter or agreement, the criteria used
in subsection (c) for selecting the project for a grant award,
and a description of how the project meets such criteria.
‘‘(3) An obligation or administrative commitment may be
made only when amounts are appropriated. The letter of intent
shall state that the contingent commitment is not an obligation
of the Federal Government, and is subject to the availability
of appropriations under Federal law and to Federal laws in
force or enacted after the date of the contingent commitment.
‘‘(g) FEDERAL SHARE OF NET PROJECT COST.—
‘‘(1)(A) Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment
or facilities, the Secretary shall estimate the net project cost.
‘‘(B) A grant for the project shall not exceed 80 percent
of the project net capital cost.
‘‘(C) The Secretary shall give priority in allocating future
obligations and contingent commitments to incur obligations
to grant requests seeking a lower Federal share of the project
net capital cost.
‘‘(2) Up to an additional 20 percent of the required nonFederal funds may be funded from amounts appropriated to

H. R. 2095—93
or made available to a department or agency of the Federal
Government that are eligible to be expended for transportation.
‘‘(3) The following amounts, not to exceed $15,000,000 per
fiscal year, shall be available to each applicant as a credit
toward an applicant’s matching requirement for a grant
awarded under this section—
‘‘(A) in each of fiscal years 2009, 2010, and 2011—
‘‘(i) 50 percent of the average of amounts expended
in fiscal years 2002 through 2008 by an applicant
for capital projects related to intercity passenger rail
service; and
‘‘(ii) 50 percent of the average of amounts expended
in fiscal years 2002 through 2008 by an applicant
for operating costs of such service; and
‘‘(B) in each of fiscal years 2010, 2011 and 2012, 50
percent of the amount by which the amounts expended
for capital projects and operating costs related to intercity
passenger rail service by an applicant in the prior fiscal
year exceed the average capital and operating expenditures
made for such service in fiscal years 2006, 2007, and 2008.
The Secretary may require such information as necessary to
verify such expenditures. Credits made available to an applicant
in a fiscal year under this paragraph may only be applied
towards grants awarded in that fiscal year.
‘‘(4) The Federal share of expenditures for capital improvements under this chapter may not exceed 100 percent.
‘‘(h) 2-YEAR AVAILABILITY.—Funds appropriated under this section shall remain available until expended. If any amount provided
as a grant under this section is not obligated or expended for
the purposes described in subsection (a) within 2 years after the
date on which the State received the grant, such sums shall be
returned to the Secretary for other intercity passenger rail development projects under this section at the discretion of the Secretary.
‘‘(i) COOPERATIVE AGREEMENTS.—
‘‘(1) IN GENERAL.—A metropolitan planning organization,
State transportation department, or other project sponsor may
enter into an agreement with any public, private, or nonprofit
entity to cooperatively implement any project funded with a
grant under this chapter.
‘‘(2) FORMS OF PARTICIPATION.—Participation by an entity
under paragraph (1) may consist of—
‘‘(A) ownership or operation of any land, facility, locomotive, rail car, vehicle, or other physical asset associated
with the project;
‘‘(B) cost-sharing of any project expense;
‘‘(C) carrying out administration, construction management, project management, project operation, or any other
management or operational duty associated with the
project; and
‘‘(D) any other form of participation approved by the
Secretary.
‘‘(3) SUBALLOCATION.—A State may allocate funds under
this section to any entity described in paragraph (1).
‘‘(j) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In carrying out
this section, the Secretary shall allocate an appropriate portion
of the amounts available under this section to provide grants to
States—

H. R. 2095—94
‘‘(1) in which there is no intercity passenger rail service
for the purpose of funding freight rail capital projects that
are on a State rail plan developed under chapter 227 of this
title that provide public benefits (as defined in chapter 227)
as determined by the Secretary; or
‘‘(2) in which the rail transportation system is not physically connected to rail systems in the continental United States
or may not otherwise qualify for a grant under this section
due to the unique characteristics of the geography of that
State or other relevant considerations, for the purpose of
funding transportation-related capital projects.
‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary shall make not
less than 5 percent annually available from the amounts authorized
under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 beginning in fiscal year 2009 for grants for
capital projects eligible under this section not exceeding $2,000,000,
including costs eligible under section 209(d) of that Act. For grants
awarded under this subsection, the Secretary may waive requirements of this section, including state rail plan requirements, as
appropriate.
‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS AND STORAGE.—
Grants under this chapter may be used to provide access to rolling
stock for nonmotorized transportation, including bicycles, and recreational equipment, and to provide storage capacity in trains for
such transportation, equipment, and other luggage, to ensure passenger safety.
‘‘§ 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;

H. R. 2095—95
‘‘(11) periodic updates of the plan, especially related to
project budget and project schedule, financing, and ridership
estimates; and
‘‘(12) the recipient’s commitment to submit periodically a
project budget and project schedule to the Secretary.
‘‘(b) SECRETARIAL OVERSIGHT.—
‘‘(1) The Secretary may use no more than 1 percent of
amounts made available in a fiscal year for capital projects
under this chapter to enter into contracts to oversee the
construction of such projects.
‘‘(2) The Secretary may use amounts available under paragraph (1) of this subsection to make contracts for safety,
procurement, management, and financial compliance reviews
and audits of a recipient of amounts under paragraph (1).
‘‘(3) The Federal Government shall pay the entire cost
of carrying out a contract under this subsection.
‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipient of assistance under this chapter shall provide the Secretary and a contractor
the Secretary chooses under subsection (b) of this section with
access to the construction sites and records of the recipient when
reasonably necessary.
‘‘§ 24404. Use of capital grants to finance first-dollar liability
of grant project
‘‘Notwithstanding the requirements of section 24402 of this
chapter, the Secretary of Transportation may approve the use of
a capital assistance grant under this chapter to fund self-insured
retention of risk for the first tier of liability insurance coverage
for rail passenger service associated with the grant, but the coverage
may not exceed $20,000,000 per occurrence or $20,000,000 in aggregate per year.
‘‘§ 24405. Grant conditions
‘‘(a) BUY AMERICA.—(1) The Secretary of Transportation may
obligate an amount that may be appropriated to carry out this
chapter for a project only if the steel, iron, and manufactured
goods used in the project are produced in the United States.
‘‘(2) The Secretary of Transportation may waive paragraph
(1) of this subsection if the Secretary finds that—
‘‘(A) applying paragraph (1) would be inconsistent with
the public interest;
‘‘(B) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably available
amount or are not of a satisfactory quality;
‘‘(C) rolling stock or power train equipment cannot be
bought and delivered in the United States within a reasonable
time; or
‘‘(D) including domestic material will increase the cost of
the overall project by more than 25 percent.
‘‘(3) For purposes of this subsection, in calculating the components’ costs, labor costs involved in final assembly shall not be
included in the calculation.
‘‘(4) If the Secretary determines that it is necessary to waive
the application of paragraph (1) based on a finding under paragraph
(2), the Secretary shall, before the date on which such finding
takes effect—

H. R. 2095—96
‘‘(A) publish in the Federal Register a detailed written
justification as to why the waiver is needed; and
‘‘(B) provide notice of such finding and an opportunity
for public comment on such finding for a reasonable period
of time not to exceed 15 days.
‘‘(5) Not later than December 31, 2012, the Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on any waivers
granted under paragraph (2).
‘‘(6) The Secretary of Transportation may not make a waiver
under paragraph (2) of this subsection for goods produced in a
foreign country if the Secretary, in consultation with the United
States Trade Representative, decides that the government of that
foreign country—
‘‘(A) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
subsection; and
‘‘(B) has violated the agreement by discriminating against
goods to which this subsection applies that are produced in
the United States and to which the agreement applies.
‘‘(7) A person is ineligible to receive a contract or subcontract
made with amounts authorized under this chapter if a court or
department, agency, or instrumentality of the Government decides
the person intentionally—
‘‘(A) affixed a ‘Made in America’ label, or a label with
an inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this subsection applies but not produced in the United
States; or
‘‘(B) represented that goods described in subparagraph (A)
of this paragraph were produced in the United States.
‘‘(8) The Secretary may not impose any limitation on assistance
provided under this chapter that restricts a State from imposing
more stringent requirements than this subsection on the use of
articles, materials, and supplies mined, produced, or manufactured
in foreign countries in projects carried out with that assistance
or restricts a recipient of that assistance from complying with
those State-imposed requirements.
‘‘(9) The Secretary may allow a manufacturer or supplier of
steel, iron, or manufactured goods to correct after bid opening
any certification of noncompliance or failure to properly complete
the certification (but not including failure to sign the certification)
under this subsection if such manufacturer or supplier attests under
penalty of perjury that such manufacturer or supplier submitted
an incorrect certification as a result of an inadvertent or clerical
error. The burden of establishing inadvertent or clerical error is
on the manufacturer or supplier.
‘‘(10) A party adversely affected by an agency action under
this subsection shall have the right to seek review under section
702 of title 5.
‘‘(11) The requirements of this subsection shall only apply to
projects for which the costs exceed $100,000.
‘‘(b) OPERATORS DEEMED RAIL CARRIERS AND EMPLOYERS FOR
CERTAIN PURPOSES.—A person that conducts rail operations over
rail infrastructure constructed or improved with funding provided
in whole or in part in a grant made under this chapter shall

H. R. 2095—97
be considered a rail carrier as defined in section 10102(5) of this
title for purposes of this title and any other statute that adopts
that definition or in which that definition applies, including—
‘‘(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231
et seq.);
‘‘(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
‘‘(3) the Railroad Unemployment Insurance Act (45 U.S.C.
351 et seq.).
‘‘(c) GRANT CONDITIONS.—The Secretary shall require as a
condition of making any grant under this chapter for a project
that uses rights-of-way owned by a railroad that—
‘‘(1) a written agreement exist between the applicant and
the railroad regarding such use and ownership, including—
‘‘(A) any compensation for such use;
‘‘(B) assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future
freight and passenger operations;
‘‘(C) an assurance by the railroad that collective bargaining agreements with the railroad’s employees
(including terms regulating the contracting of work) will
remain in full force and effect according to their terms
for work performed by the railroad on the railroad transportation corridor; and
‘‘(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of this
title; and
‘‘(2) the applicant agrees to comply with—
‘‘(A) the standards of section 24312 of this title, as
such section was in effect on September 1, 2003, with
respect to the project in the same manner that Amtrak
is required to comply with those standards for construction
work financed under an agreement made under section
24308(a) of this title; and
‘‘(B) the protective arrangements established under section 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 836) with respect to
employees affected by actions taken in connection with
the project to be financed in whole or in part by grants
under this chapter.
‘‘(d) REPLACEMENT OF EXISTING INTERCITY PASSENGER RAIL
SERVICE.—
‘‘(1) COLLECTIVE BARGAINING AGREEMENT FOR INTERCITY
PASSENGER RAIL PROJECTS.—Any entity providing intercity passenger railroad transportation that begins operations after the
date of enactment of this Act on a project funded in whole
or in part by grants made under this chapter and replaces
intercity rail passenger service that was provided by Amtrak,
unless such service was provided solely by Amtrak to another
entity, as of such date shall enter into an agreement with
the authorized bargaining agent or agents for adversely affected
employees of the predecessor provider that—
‘‘(A) gives each such qualified employee of the predecessor provider priority in hiring according to the
employee’s seniority on the predecessor provider for each
position with the replacing entity that is in the employee’s
craft or class and is available within 3 years after the
termination of the service being replaced;

H. R. 2095—98
‘‘(B) establishes a procedure for notifying such an
employee of such positions;
‘‘(C) establishes a procedure for such an employee to
apply for such positions; and
‘‘(D) establishes rates of pay, rules, and working conditions.
‘‘(2) IMMEDIATE REPLACEMENT SERVICE.—
‘‘(A) NEGOTIATIONS.—If the replacement of preexisting
intercity rail passenger service occurs concurrent with or
within a reasonable time before the commencement of the
replacing entity’s rail passenger service, the replacing
entity shall give written notice of its plan to replace existing
rail passenger service to the authorized collective bargaining agent or agents for the potentially adversely
affected employees of the predecessor provider at least
90 days before the date on which it plans to commence
service. Within 5 days after the date of receipt of such
written notice, negotiations between the replacing entity
and the collective bargaining agent or agents for the
employees of the predecessor provider shall commence for
the purpose of reaching agreement with respect to all matters set forth in subparagraphs (A) through (D) of paragraph (1). The negotiations shall continue for 30 days or
until an agreement is reached, whichever is sooner. If
at the end of 30 days the parties have not entered into
an agreement with respect to all such matters, the unresolved issues shall be submitted for arbitration in accordance with the procedure set forth in subparagraph (B).
‘‘(B) ARBITRATION.—If an agreement has not been
entered into with respect to all matters set forth in subparagraphs (A) through (D) of paragraph (1) as described
in subparagraph (A) of this paragraph, the parties shall
select an arbitrator. If the parties are unable to agree
upon the selection of such arbitrator within 5 days, either
or both parties shall notify the National Mediation Board,
which shall provide a list of seven arbitrators with experience in arbitrating rail labor protection disputes. Within
5 days after such notification, the parties shall alternately
strike names from the list until only 1 name remains,
and that person shall serve as the neutral arbitrator.
Within 45 days after selection of the arbitrator, the arbitrator shall conduct a hearing on the dispute and shall
render a decision with respect to the unresolved issues
among the matters set forth in subparagraphs (A) through
(D) of paragraph (1). The arbitrator shall be guided by
prevailing national standard rates of pay, benefits, and
working conditions for comparable work. This decision shall
be final, binding, and conclusive upon the parties. The
salary and expenses of the arbitrator shall be borne equally
by the parties; all other expenses shall be paid by the
party incurring them.
‘‘(3) SERVICE COMMENCEMENT.—A replacing entity under
this subsection shall commence service only after an agreement
is entered into with respect to the matters set forth in subparagraphs (A) through (D) of paragraph (1) or the decision of
the arbitrator has been rendered.

H. R. 2095—99
‘‘(4) SUBSEQUENT REPLACEMENT OF SERVICE.—If the replacement of existing rail passenger service takes place within 3
years after the replacing entity commences intercity passenger
rail service, the replacing entity and the collective bargaining
agent or agents for the adversely affected employees of the
predecessor provider shall enter into an agreement with respect
to the matters set forth in subparagraphs (A) through (D)
of paragraph (1). If the parties have not entered into an agreement with respect to all such matters within 60 days after
the date on which the replacing entity replaces the predecessor
provider, the parties shall select an arbitrator using the procedures set forth in paragraph (2)(B), who shall, within 20 days
after the commencement of the arbitration, conduct a hearing
and decide all unresolved issues. This decision shall be final,
binding, and conclusive upon the parties.
‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OPERATIONS.—Nothing
in this section applies to—
‘‘(1) commuter rail passenger transportation (as defined
in section 24102(4) of this title) operations of a State or local
government authority (as those terms are defined in section
5302(11) and (6), respectively, of this title) eligible to receive
financial assistance under section 5307 of this title, or to its
contractor performing services in connection with commuter
rail passenger operations (as so defined);
‘‘(2) the Alaska Railroad or its contractors; or
‘‘(3) Amtrak’s access rights to railroad rights of way and
facilities under current law.
‘‘(f) LIMITATION.—No grants shall be provided under this
chapter for commuter rail passenger transportation, as defined
in section 24102(4) of this title.
‘‘§ 24406. Authorization of appropriations
‘‘There are authorized to be appropriated to the Secretary of
Transportation for capital grants under this chapter the following
amounts:
‘‘(1) For fiscal year 2009, $100,000,000.
‘‘(2) For fiscal year 2010, $300,000,000.
‘‘(3) For fiscal year 2011, $400,000,000.
‘‘(4) For fiscal year 2012, $500,000,000.
‘‘(5) For fiscal year 2013, $600,000,000.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for subtitle V is amended by inserting the following after the item relating
to chapter 243:
‘‘244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE ................................................................................................24401’’.

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

H. R. 2095—100
SEC. 302. CONGESTION GRANTS.

(a) AMENDMENT.—Chapter 241 of title 49, United States Code,
is amended by adding at the end the following new section:
‘‘§ 24105. Congestion grants
‘‘(a) AUTHORITY.—The Secretary of Transportation may make
grants to States, or to Amtrak in cooperation with States, for
financing the capital costs of facilities, infrastructure, and equipment for high priority rail corridor projects necessary to reduce
congestion or facilitate ridership growth in intercity rail passenger
transportation.
‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for grants under this
section include projects—
‘‘(1) identified by Amtrak as necessary to reduce congestion
or facilitate ridership growth in intercity rail passenger
transportation along heavily traveled rail corridors;
‘‘(2) identified by the Surface Transportation Board as necessary to improve the on time performance and reliability of
intercity rail passenger transportation under section 24308(f);
and
‘‘(3) designated by the Secretary as being sufficiently
advanced in development to be capable of serving the purposes
described in subsection (a) on an expedited schedule.
‘‘(c) FEDERAL SHARE.—The Federal share of the cost of a project
financed under this section shall not exceed 80 percent.
‘‘(d) GRANT CONDITIONS.—The Secretary of Transportation shall
require each recipient of a grant under this section to comply
with the grant requirements of section 24405 of this title.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated, from amounts made available under section
301 of the Passenger Rail Investment and Improvement Act of
2008, to the Secretary to carry out this section—
‘‘(1) $50,000,000 for fiscal year 2010;
‘‘(2) $75,000,000 for fiscal year 2011;
‘‘(3) $100,000,000 for fiscal year 2012; and
‘‘(4) $100,000,000 for fiscal year 2013.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections
for such chapter 241 is amended by adding at the end the following
new item:
‘‘24105. Congestion grants.’’.
SEC. 303. STATE RAIL PLANS.

(a) IN GENERAL.—Part B of subtitle V is amended by adding
at the end the following:
‘‘CHAPTER 227—STATE RAIL PLANS
‘‘Sec.
‘‘22701.
‘‘22702.
‘‘22703.
‘‘22704.
‘‘22705.
‘‘22706.

Definitions.
Authority.
Purposes.
Transparency; coordination; review.
Content.
Review.

‘‘§ 22701. Definitions
‘‘In this subchapter:
‘‘(1) PRIVATE BENEFIT.—

H. R. 2095—101
‘‘(A) IN GENERAL.—The term ‘private benefit’—
‘‘(i) means a benefit accrued to a person or private
entity, other than Amtrak, that directly improves the
economic and competitive condition of that person or
entity through improved assets, cost reductions, service
improvements, or any other means as defined by the
Secretary; and
‘‘(ii) shall be determined on a project-by-project
basis, based upon an agreement between the parties.
‘‘(B) CONSULTATION.—The Secretary may seek the
advice of the States and rail carriers in further defining
this term.
‘‘(2) PUBLIC BENEFIT.—
‘‘(A) IN GENERAL.—The term ‘public benefit’—
‘‘(i) means a benefit accrued to the public, including
Amtrak, in the form of enhanced mobility of people
or goods, environmental protection or enhancement,
congestion mitigation, enhanced trade and economic
development, improved air quality or land use, more
efficient energy use, enhanced public safety or security,
reduction of public expenditures due to improved
transportation efficiency or infrastructure preservation,
and any other positive community effects as defined
by the Secretary; and
‘‘(ii) shall be determined on a project-by-project
basis, based upon an agreement between the parties.
‘‘(B) CONSULTATION.—The Secretary may seek the
advice of the States and rail carriers in further defining
this term.
‘‘(3) STATE.—The term ‘State’ means any of the 50 States
and the District of Columbia.
‘‘(4) STATE RAIL TRANSPORTATION AUTHORITY.—The term
‘State rail transportation authority’ means the State agency
or official responsible under the direction of the Governor of
the State or a State law for preparation, maintenance, coordination, and administration of the State rail plan.
‘‘§ 22702. Authority
‘‘(a) IN GENERAL.—Each State may prepare and maintain a
State rail plan in accordance with the provisions of this chapter.
‘‘(b) REQUIREMENTS.—The Secretary shall establish the minimum requirements for the preparation and periodic revision of
a State rail plan, including that a State shall—
‘‘(1) establish or designate a State rail transportation
authority to prepare, maintain, coordinate, and administer the
plan;
‘‘(2) establish or designate a State rail plan approval
authority to approve the plan;
‘‘(3) submit the State’s approved plan to the Secretary
of Transportation for review; and
‘‘(4) revise and resubmit a State-approved plan no less
frequently than once every 5 years for reapproval by the Secretary.
‘‘§ 22703. Purposes
‘‘(a) PURPOSES.—The purposes of a State rail plan are as follows:

H. R. 2095—102
‘‘(1) To set forth State policy involving freight and passenger rail transportation, including commuter rail operations,
in the State.
‘‘(2) To establish the period covered by the State rail plan.
‘‘(3) To present priorities and strategies to enhance rail
service in the State that benefits the public.
‘‘(4) To serve as the basis for Federal and State rail investments within the State.
‘‘(b) COORDINATION.—A State rail plan shall be coordinated
with other State transportation planning goals and programs,
including the plan required under section 135 of title 23, and
set forth rail transportation’s role within the State transportation
system.
‘‘§ 22704. Transparency; coordination; review
‘‘(a) PREPARATION.—A State shall provide adequate and reasonable notice and opportunity for comment and other input to the
public, rail carriers, commuter and transit authorities operating
in, or affected by rail operations within the State, units of local
government, and other interested parties in the preparation and
review of its State rail plan.
‘‘(b) INTERGOVERNMENTAL COORDINATION.—A State shall review
the freight and passenger rail service activities and initiatives by
regional planning agencies, regional transportation authorities, and
municipalities within the State, or in the region in which the
State is located, while preparing the plan, and shall include any
recommendations made by such agencies, authorities, and municipalities as deemed appropriate by the State.
‘‘§ 22705. Content
‘‘(a) IN GENERAL.—Each State rail plan shall, at a minimum,
contain the following:
‘‘(1) An inventory of the existing overall rail transportation
system and rail services and facilities within the State and
an analysis of the role of rail transportation within the State’s
surface transportation system.
‘‘(2) A review of all rail lines within the State, including
proposed high-speed rail corridors and significant rail line segments not currently in service.
‘‘(3) A statement of the State’s passenger rail service objectives, including minimum service levels, for rail transportation
routes in the State.
‘‘(4) A general analysis of rail’s transportation, economic,
and environmental impacts in the State, including congestion
mitigation, trade and economic development, air quality, landuse, energy-use, and community impacts.
‘‘(5) A long-range rail investment program for current and
future freight and passenger infrastructure in the State that
meets the requirements of subsection (b).
‘‘(6) A statement of public financing issues for rail projects
and service in the State, including a list of current and prospective public capital and operating funding resources, public subsidies, State taxation, and other financial policies relating to
rail infrastructure development.
‘‘(7) An identification of rail infrastructure issues within
the State that reflects consultation with all relevant stakeholders.

H. R. 2095—103
‘‘(8) A review of major passenger and freight intermodal
rail connections and facilities within the State, including seaports, and prioritized options to maximize service integration
and efficiency between rail and other modes of transportation
within the State.
‘‘(9) A review of publicly funded projects within the State
to improve rail transportation safety and security, including
all major projects funded under section 130 of title 23.
‘‘(10) A performance evaluation of passenger rail services
operating in the State, including possible improvements in
those services, and a description of strategies to achieve those
improvements.
‘‘(11) A compilation of studies and reports on high-speed
rail corridor development within the State not included in
a previous plan under this subchapter, and a plan for funding
any recommended development of such corridors in the State.
‘‘(12) A statement that the State is in compliance with
the requirements of section 22102.
‘‘(b) LONG-RANGE SERVICE AND INVESTMENT PROGRAM.—
‘‘(1) PROGRAM CONTENT.—A long-range rail investment program included in a State rail plan under subsection (a)(5)
shall, at a minimum, include the following matters:
‘‘(A) A list of any rail capital projects expected to be
undertaken or supported in whole or in part by the State.
‘‘(B) A detailed funding plan for those projects.
‘‘(2) PROJECT LIST CONTENT.—The list of rail capital projects
shall contain—
‘‘(A) a description of the anticipated public and private
benefits of each such project; and
‘‘(B) a statement of the correlation between—
‘‘(i) public funding contributions for the projects;
and
‘‘(ii) the public benefits.
‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In preparing the
list of freight and intercity passenger rail capital projects, a
State rail transportation authority should take into consideration the following matters:
‘‘(A) Contributions made by non-Federal and non-State
sources through user fees, matching funds, or other private
capital involvement.
‘‘(B) Rail capacity and congestion effects.
‘‘(C) Effects on highway, aviation, and maritime
capacity, congestion, or safety.
‘‘(D) Regional balance.
‘‘(E) Environmental impact.
‘‘(F) Economic and employment impacts.
‘‘(G) Projected ridership and other service measures
for passenger rail projects.
‘‘§ 22706. Review
‘‘The Secretary shall prescribe procedures for States to submit
State rail plans for review under this title, including standardized
format and data requirements. State rail plans completed before
the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008 that substantially meet the requirements
of this chapter, as determined by the Secretary, shall be deemed
by the Secretary to have met the requirements of this chapter.’’.

H. R. 2095—104
(b) CONFORMING AMENDMENT.—The chapter analysis for subtitle V is amended by inserting the following after the item relating
to chapter 223:
‘‘227. State rail plans ........................................................................................22701’’.
SEC. 304. TUNNEL PROJECT.

(a) NEW TUNNEL ALIGNMENT AND ENVIRONMENTAL REVIEW.—
Not later than September 30, 2013, the Federal Railroad Administration, working with Amtrak, the Surface Transportation Board,
the City of Baltimore, the State of Maryland, and rail operators
described in subsection (b), as appropriate, shall—
(1) select and approve, as applicable, a new rail tunnel
alignment in Baltimore that will permit an increase in train
speed and service reliability; and
(2) ensure completion of the related environmental review
process.
(b) AFFECTED RAIL OPERATORS.—Rail operators other than
Amtrak may participate in activities described in subsection (a)
to the extent that they can demonstrate the intention and ability
to contribute to the construction of the new tunnel.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for carrying out this section
$60,000,000 for the period encompassing fiscal years 2009 through
2013.
SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL.

(a) IN GENERAL.—Within 180 days after the date of enactment
of this Act, Amtrak shall establish a Next Generation Corridor
Equipment Pool Committee, comprised of representatives of
Amtrak, the Federal Railroad Administration, host freight railroad
companies, passenger railroad equipment manufacturers, interested
States, and, as appropriate, other passenger railroad operators.
The purpose of the Committee shall be to design, develop specifications for, and procure standardized next-generation corridor equipment.
(b) FUNCTIONS.—The Committee may—
(1) determine the number of different types of equipment
required, taking into account variations in operational needs
and corridor infrastructure;
(2) establish a pool of equipment to be used on corridor
routes funded by participating States; and
(3) subject to agreements between Amtrak and States, utilize services provided by Amtrak to design, maintain and
remanufacture equipment.
(c) COOPERATIVE AGREEMENTS.—Amtrak and States participating in the Committee may enter into agreements for the funding,
procurement, remanufacture, ownership, and management of corridor equipment, including equipment currently owned or leased
by Amtrak and next-generation corridor equipment acquired as
a result of the Committee’s actions, and may establish a corporation,
which may be owned or jointly-owned by Amtrak, participating
States, or other entities, to perform these functions.
(d) FUNDING.—In addition to the authorizations provided in
this section, capital projects to carry out the purposes of this section
shall be eligible for grants made pursuant to chapter 244 of title
49, United States Code.

H. R. 2095—105
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary $5,000,000 for fiscal year 2010,
to remain available until expended, for grants to Amtrak and States
participating in the Next Generation Corridor Train Equipment
Pool Committee established under this section for the purpose of
designing, developing specifications for, and initiating the procurement of an initial order of 1 or more types of standardized nextgeneration corridor train equipment and establishing a jointlyowned corporation to manage that equipment.
SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM.

(a) ESTABLISHMENT AND CONTENT.—Chapter 249 is amended
by adding at the end the following:
‘‘§ 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,

H. R. 2095—106
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 nonhigh-speed freight or passenger rail operations;
‘‘(11) to recommend any legislative or regulatory changes
necessary to foster further development and implementation
of high-speed passenger rail operations while ensuring the
safety of such operations that are connected to or integrated
with non-high-speed freight or passenger rail operations;
‘‘(12) to review rail crossing safety improvements, including
improvements using new safety technology; and
‘‘(13) to review and develop technology designed to reduce
train horn noise and its effect on communities, including
broadband horn technology.
‘‘(c) ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—In consultation with the heads of
appropriate Federal departments and agencies, the Secretary
shall establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger and freight transportation.
‘‘(2) MEMBERSHIP.—The advisory board shall include—
‘‘(A) representatives of State transportation agencies;
‘‘(B) transportation and environmental economists, scientists, and engineers; and
‘‘(C) representatives of Amtrak, the Alaska Railroad,
freight railroads, transit operating agencies, intercity rail
passenger agencies, railway labor organizations, and
environmental organizations.
‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary may
make grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities relating
to the research, technology, and technology transfer activities
described in subsection (b) as the Secretary deems appropriate.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Transportation $5,000,000
for each of fiscal years 2010 through 2013 for carrying out this
section.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for chapter
249 is amended by adding at the end the following:
‘‘24910. Rail cooperative research program.’’.
SEC. 307. FEDERAL RAIL POLICY.

Section 103 is amended—
(1) by inserting ‘‘IN GENERAL.—’’ before ‘‘The Federal’’ in
subsection (a);
(2) by striking the second and third sentences of subsection
(a);

H. R. 2095—107
(3) by inserting after subsection (a) the following:
‘‘(b) SAFETY.—To carry out all railroad safety laws of the United
States, the Administration is divided on a geographical basis into
at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that
the laws are uniformly administered and enforced among the safety
offices.’’; and
(4) by adding at the end the following:
‘‘(j) ADDITIONAL DUTIES OF THE ADMINISTRATOR.—The Administrator shall—
‘‘(1) provide assistance to States in developing State rail
plans prepared under chapter 227 and review all State rail
plans submitted under that section;
‘‘(2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of
the Nation, as determined by the Secretary in order to promote
an integrated, cohesive, efficient, and optimized national rail
system for the movement of goods and people;
‘‘(3) develop a preliminary national rail plan within a year
after the date of enactment of the Passenger Rail Investment
and Improvement Act of 2008;
‘‘(4) develop and enhance partnerships with the freight
and passenger railroad industry, States, and the public concerning rail development;
‘‘(5) support rail intermodal development and high-speed
rail development, including high speed rail planning;
‘‘(6) ensure that programs and initiatives developed under
this section benefit the public and work toward achieving
regional and national transportation goals; and
‘‘(7) facilitate and coordinate efforts to assist freight and
passenger rail carriers, transit agencies and authorities,
municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance
at the joint request of affected rail service providers and infrastructure owners relating to operations and capacity analysis,
capital requirements, operating costs, and other research and
planning related to corridors shared by passenger or commuter
rail service and freight rail operations.
‘‘(k) PERFORMANCE GOALS AND REPORTS.—
‘‘(1) PERFORMANCE GOALS.—In conjunction with the objectives established and activities undertaken under subsection
(j) of this section, the Administrator shall develop a schedule
for achieving specific, measurable performance goals.
‘‘(2) RESOURCE NEEDS.—The strategy and annual plans
shall include estimates of the funds and staff resources needed
to accomplish each goal and the additional duties required
under subsection (j).
‘‘(3) SUBMISSION WITH PRESIDENT’S BUDGET.—Beginning
with fiscal year 2010 and each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate,
at the same time as the President’s budget submission, the
Administration’s performance goals and schedule developed
under paragraph (1), including an assessment of the progress
of the Administration toward achieving its performance goals.’’.

H. R. 2095—108

TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. COMMUTER RAIL MEDIATION.

(a) AMENDMENT.—Part E of subtitle V is amended by adding
at the end the following:
‘‘CHAPTER 285—COMMUTER RAIL MEDIATION
‘‘Sec.
‘‘28501.
‘‘28502.
‘‘28503.
‘‘28504.
‘‘28505.

Definitions
Surface Transportation Board mediation of trackage use requests.
Surface Transportation Board mediation of rights-of-way use requests.
Applicability of other laws.
Rules and regulations.

‘‘§ 28501. Definitions
‘‘In this chapter—
‘‘(1) the term ‘Board’ means the Surface Transportation
Board;
‘‘(2) the term ‘capital work’ means maintenance, restoration, reconstruction, capacity enhancement, or rehabilitation
work on trackage that would be treated, in accordance with
generally accepted accounting principles, as a capital item
rather than an expense;
‘‘(3) the term ‘commuter rail passenger transportation’ has
the meaning given that term in section 24102;
‘‘(4) the term ‘public transportation authority’ means a
local governmental authority (as defined in section 5302(a)(6))
established to provide, or make a contract providing for, commuter rail passenger transportation;
‘‘(5) the term ‘rail carrier’ means a person, other than
a governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction of
the Board under chapter 105;
‘‘(6) the term ‘segregated fixed guideway facility’ means
a fixed guideway facility constructed within the railroad rightof-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.
‘‘§ 28502. Surface Transportation Board mediation of trackage use requests
‘‘If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to
use trackage of, and have related services provided by, the rail
carrier for purposes of commuter rail passenger transportation,
the public transportation authority or the rail carrier may apply
to the Board for nonbinding mediation. The Board shall conduct
the nonbinding mediation in accordance with the mediation process
of section 1109.4 of title 49, Code of Federal Regulations, as in
effect on the date of enactment of this section.

H. R. 2095—109
‘‘§ 28503. Surface Transportation Board mediation of rightsof-way use requests
‘‘If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to
acquire an interest in a railroad right-of-way for the construction
and operation of a segregated fixed guideway facility to provide
commuter rail passenger transportation, the public transportation
authority or the rail carrier may apply to the Board for nonbinding
mediation. The Board shall conduct the nonbinding mediation in
accordance with the mediation process of section 1109.4 of title
49, Code of Federal Regulations, as in effect on the date of enactment of this section.
‘‘§ 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.
‘‘§ 28505. Rules and regulations
‘‘Within 1 year after the date of enactment of this section,
the Board shall issue such rules and regulations as may be necessary to carry out this chapter.’’.
(b) CLERICAL AMENDMENT.—The table of chapters of such subtitle is amended by adding after the item relating to chapter 283
the following:
‘‘285. COMMUTER RAIL MEDIATION ...............................................................28501’’.
SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK.

Amtrak, commuter rail entities, regional and State public
transportation authorities, and freight railroad carriers are encouraged to engage in good faith discussions with respect to the routing
and timing of trains to efficiently move a maximum number of
commuter, intercity, and regional rail passengers, particularly
during the peak times of commuter usage.
SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER RAIL EXPANSION.

(a) FINDINGS.—The Congress find the following:
(1) In 2006, Americans took 10.1 billion trips on public
transportation for the first time since 1949.
(2) The Northeast region is one of the Nation’s largest
emerging transportation ‘‘megaregions’’ where infrastructure
expansion and improvements are most needed.
(3) New England’s road traffic has increased two to three
times faster than its population since 1990.
(4) Connecticut has one of the Nation’s longest average
commute times according to the United States Census Bureau,
and 80 percent of Connecticut commuters drive by themselves
to work, demonstrating the need for expanded commuter rail
access.
(5) The Connecticut Department of Transportation has
pledged to modernize, repair, and strengthen the rail line infrastructure to provide for increased safety and security along
a crucial transportation corridor in the Northeast.
(6) Expanded New Haven-Springfield rail service would
improve access to Bradley International Airport, one the
region’s busiest airports, as well as to Hartford, Connecticut,

H. R. 2095—110
and Springfield, Massachusetts, two of the region’s commercial,
residential, and industrial centers.
(7) Expanded commuter rail service on the New HavenSpringfield line could result in an estimated 630,000 additional
trips per year and 2,215,384 passenger miles per year, helping
to curb pollution and greenhouse gas emissions from road
vehicle traffic.
(8) The MetroNorth New Haven Line and Shore Line East
railways saw respective 3.43 percent and 4.93 percent increases
in ridership over the course of 2007, demonstrating the need
for expanded commuter rail service in Connecticut.
(9) Expanded New Haven-Springfield commuter rail service
could provide transportation nearly 17 times more efficient
in terms of average mileage versus road vehicles, alleviating
road congestion and providing a significant savings to consumers during a time of high gas prices.
(b) SENSE OF CONGRESS.—It is the sense of the Congress that
expanded commuter rail service on the rail line between New
Haven, Connecticut, and Springfield, Massachusetts, is an important transportation priority, and Amtrak should work cooperatively
with the States of Connecticut and Massachusetts to enable
expanded commuter rail service on such line.
(c) INFRASTRUCTURE MAINTENANCE REPORT.—Amtrak shall
submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and to the State
Departments of Transportation of Connecticut and Massachusetts,
on the total cost of uncompleted infrastructure maintenance on
the rail line between New Haven, Connecticut, and Springfield,
Massachusetts.
SEC. 404. LOCOMOTIVE BIOFUEL STUDY.

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall conduct a study to determine the extent
to which freight railroads, Amtrak, and other passenger rail operators could use biofuel blends to power locomotives and other vehicles
that can operate on diesel fuel, as appropriate.
(b) DEFINITION.—In this section, the term ‘‘biofuel’’ has the
meaning given such term by section 9001 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8101).
(c) FACTORS.—In conducting the study, the Secretary shall consider—
(1) the energy intensity of various biofuel blends compared
to diesel fuel;
(2) environmental and energy effects of using various
biofuel blends compared to diesel fuel, including emission
effects;
(3) the cost of purchasing biofuel blends;
(4) whether sufficient biofuel is readily available;
(5) any public benefits derived from the use of such fuels;
and
(6) the effect of biofuel use on locomotive and other vehicle
performance and warranty specifications.
(d) LOCOMOTIVE TESTING.—As part of the study, the Secretary
shall test locomotive engine performance and emissions using blends

H. R. 2095—111
of biofuel and diesel fuel in order to recommend premium locomotive
biofuel blends.
(e) REPORT.—Within 1 year after the date of enactment of
this Act, the Secretary shall issue the results of this study to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 405. STUDY OF THE USE OF BIOBASED TECHNOLOGIES.

Within 1 year after the date of enactment of this Act, the
Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
containing the results of a study of the feasibility of using readily
biodegradable lubricants for freight and passenger railroad locomotives, rolling stock, or other equipment. The Secretary shall
work with an agricultural-based lubricant testing facility or facilities to complete this study. The study shall include—
(1) an analysis of the potential use of soy-based grease
and soy-based hydraulic fluids to perform according to railroad
industry standards;
(2) an analysis of the potential use of other readily biodegradable lubricants to perform according to railroad industry
standards;
(3) a comparison of the health and safety of petroleumbased lubricants with biobased lubricants, which shall include
an analysis of fire safety; and
(4) a comparison of the environmental impact of petroleumbased lubricants with biobased lubricants, which shall include
the rate and effects of biodegradability.
SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE.

(a) PLAN.—Not later than 1 year after the date of the enactment
of this Act, Amtrak shall, in consultation with the Secretary, the
Secretary of Homeland Security, the Washington State Department
of Transportation, and the owners of the relevant railroad infrastructure—
(1) develop a strategic plan to facilitate expanded passenger
rail service across the international border between the United
States and Canada during the 2010 Olympic Games on the
Amtrak passenger rail route between Vancouver, British
Columbia, Canada, and Eugene, Oregon (commonly known as
‘‘Amtrak Cascades’’);
(2) develop recommendations for the Department of Homeland Security to process efficiently rail passengers traveling
on Amtrak Cascades across such international border during
the 2010 Olympic Games; and
(3) submit to Congress a report containing the strategic
plan described in paragraph (1) and the recommendations
described in paragraph (2).
(b) TRAVEL FACILITATION.—Using existing authority or agreements, or upon reaching additional agreements with Canada, the
Secretary and other Federal agencies, as appropriate, are authorized
to establish facilities and procedures to conduct preclearance of
passengers traveling on Amtrak trains from Canada to the United
States. The Secretary shall seek to establish such facilities and
procedures—

H. R. 2095—112
(1) in Vancouver, Canada, no later than June 1, 2009;
and
(2) in other areas as determined appropriate by the Secretary.
SEC. 407. HISTORIC PRESERVATION OF RAILROADS.

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

TITLE V—HIGH-SPEED RAIL
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM.

(a) CORRIDOR PLANNING.—Section 26101 is amended—
(1) in the section heading, by striking ‘‘Corridor development’’ and inserting ‘‘High-speed rail corridor planning’’;
(2) in the heading of subsection (a), by striking ‘‘CORRIDOR
DEVELOPMENT’’ and inserting ‘‘CORRIDOR PLANNING’’;
(3) by striking ‘‘corridor development’’ each place it appears
and inserting ‘‘corridor planning’’; and

H. R. 2095—113
(4) in subsection (c)(2), by striking ‘‘development’’ and
inserting ‘‘planning’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 26104 is
amended in paragraph (1) of subsection (a) by striking ‘‘$70,000,000’’
and inserting ‘‘$30,000,000’’.
(c) CONFORMING AMENDMENT.—The item relating to section
26101 in the table of sections of chapter 261 is amended by striking
‘‘Corridor development’’ and inserting ‘‘High-speed rail corridor
planning’’.
(d) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.—Chapter 261
is amended by adding at the end thereof the following:
‘‘§ 26106. High-speed rail corridor development
‘‘(a) IN GENERAL.—The Secretary of Transportation shall establish and implement a high-speed rail corridor development program.
‘‘(b) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) APPLICANT.—The term ‘applicant’ means a State, a
group of States, an Interstate Compact, a public agency established by one or more States and having responsibility for
providing high-speed rail service, or Amtrak.
‘‘(2) CORRIDOR.—The term ‘corridor’ means a corridor designated by the Secretary pursuant to section 104(d)(2) of title
23.
‘‘(3) CAPITAL PROJECT.—The term ‘capital project’ means
a project or program in a State rail plan developed under
chapter 227 of this title for acquiring, constructing, improving,
or inspecting equipment, track, and track structures, or a
facility of use in or for the primary benefit of high-speed rail
service, expenses incidental to the acquisition or construction
(including designing, engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-way), payments
for the capital portions of rail trackage rights agreements,
highway-rail grade crossing improvements related to high-speed
rail service, mitigating environmental impacts, communication
and signalization improvements, relocation assistance,
acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing.
‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed rail’ means
intercity passenger rail service that is reasonably expected
to reach speeds of at least 110 miles per hour.
‘‘(5) INTERCITY PASSENGER RAIL SERVICE.—The term ‘intercity passenger rail service’ has the meaning given the term
‘intercity rail passenger transportation’ in section 24102 of this
title.
‘‘(6) STATE.—The term ‘State’ means any of the 50 States
or the District of Columbia.
‘‘(c) GENERAL AUTHORITY.—The Secretary may make grants
under this section to an applicant to finance capital projects in
high-speed rail corridors.
‘‘(d) APPLICATIONS.—Each applicant seeking to receive a grant
under this section to develop a high-speed rail corridor shall submit
to the Secretary an application in such form and in accordance
with such requirements as the Secretary shall establish.
‘‘(e) COMPETITIVE GRANT SELECTION AND CRITERIA FOR
GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall—

H. R. 2095—114
‘‘(A) establish criteria for selecting among projects that
meet the criteria specified in paragraph (2);
‘‘(B) conduct a national solicitation for applications;
and
‘‘(C) award grants on a competitive basis.
‘‘(2) GRANT CRITERIA.—The Secretary, in selecting the
recipients of high-speed rail development grants to be provided
under subsection (c), shall—
‘‘(A) require—
‘‘(i) that the project be part of a State rail plan
developed under chapter 227 of this title, or under
the plan required by section 211 of the Passenger
Rail Investment and Improvement Act of 2008;
‘‘(ii) that the applicant or recipient has or will
have the legal, financial, and technical capacity to carry
out the project, satisfactory continuing control over
the use of the equipment or facilities, and the capability
and willingness to maintain the equipment or facilities;
‘‘(iii) that the project be based on the results of
preliminary engineering studies or other planning,
including corridor planning activities funded under section 26101 of this title;
‘‘(iv) that the applicant provides sufficient information upon which the Secretary can make the findings
required by this subsection;
‘‘(v) that if an applicant has selected the proposed
operator of its service, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs
and other factors;
‘‘(vi) that each proposed project meet all safety
and security requirements that are applicable to the
project under law; and
‘‘(vii) that each project be compatible with, and
operated in conformance with—
‘‘(I) plans developed pursuant to the requirements of section 135 of title 23; and
‘‘(II) the national rail plan (if it is available);
‘‘(B) select high-speed rail projects—
‘‘(i) that are anticipated to result in significant
improvements to intercity rail passenger service,
including, but not limited to, consideration of the
project’s—
‘‘(I) levels of estimated ridership, increased ontime performance, reduced trip time, additional
service frequency to meet anticipated or existing
demand, or other significant service enhancements
as measured against minimum standards developed under section 207 of the Passenger Rail
Investment and Improvement Act of 2008;
‘‘(II) anticipated favorable impact on air or
highway traffic congestion, capacity, or safety; and
‘‘(ii) for which there is a high degree of confidence
that the proposed project is feasible and will result
in the anticipated benefits, as indicated by—
‘‘(I) the project’s precommencement compliance
with environmental protection requirements;

H. R. 2095—115
‘‘(II) the readiness of the project to be commenced;
‘‘(III) the commitment of any affected host rail
carrier to ensure the realization of the anticipated
benefits; and
‘‘(IV) other relevant factors as determined by
the Secretary;
‘‘(iii) for which the level of the anticipated benefits
compares favorably to the amount of Federal funding
requested under this section; and
‘‘(C) give greater consideration to projects—
‘‘(i) that are anticipated to result in benefits to
other modes of transportation and to the public at
large, including, but not limited to, consideration of
the project’s—
‘‘(I) encouragement of intermodal connectivity
through provision of direct connections between
train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
‘‘(II) anticipated improvement of conventional
intercity passenger, freight, or commuter rail operations;
‘‘(III) use of positive train control technologies;
‘‘(IV)
environmental
benefits,
including
projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective
passenger rail equipment;
‘‘(V) anticipated positive economic and employment impacts;
‘‘(VI) encouragement of State and private contributions toward station development, energy and
environmental efficiency, and economic benefits;
and
‘‘(VII) falling under the description in section
5302(a)(1)(G) of this title as defined to support
intercity passenger rail service; and
‘‘(ii) that incorporate equitable financial participation in the project’s financing, including, but not limited to, consideration of—
‘‘(I) donated property interests or services;
‘‘(II) financial contributions by intercity passenger, freight, and commuter rail carriers
commensurate with the benefit expected to their
operations; and
‘‘(III) financial commitments from host railroads, non-Federal governmental entities, nongovernmental entities, and others.
‘‘(3) GRANT CONDITIONS.—The Secretary shall require each
recipient of a grant under this chapter to comply with the
grant requirements of section 24405 of this title.
‘‘(4) STATE RAIL PLANS.—State rail plans completed before
the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008 that substantially meet the requirements of chapter 227 of this title, as determined by the Secretary pursuant to section 22506 of this title, shall be deemed

H. R. 2095—116
by the Secretary to have met the requirements of paragraph
(2)(A)(i) of this subsection.
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project
financed under this section shall not exceed 80 percent of the
project net capital cost.
‘‘(g) ISSUANCE OF REGULATIONS.—Within 1 year after the date
of enactment of this section, the Secretary shall issue regulations
to carry out this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section—
‘‘(1) $150,000,000 for fiscal year 2009;
‘‘(2) $300,000,000 for fiscal year 2010;
‘‘(3) $350,000,000 for fiscal year 2011;
‘‘(4) $350,000,000 for fiscal year 2012; and
‘‘(5) $350,000,000 for fiscal year 2013.’’.
(e) TABLE OF SECTIONS AMENDMENT.—The table of sections
for chapter 261 is amended by adding after the item relating to
section 26105 the following new item:
‘‘26106. High-speed rail corridor development.’’.
SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS.

(a) SOLICITATION OF PROPOSALS.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Secretary shall issue a request
for proposals for projects for the financing, design, construction,
operation, and maintenance of a high-speed intercity passenger
rail system operating within a high-speed rail corridor,
including—
(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) SUBMISSION.—Proposals shall be submitted to the Secretary not later than 270 days after the publication of such
request for proposals under paragraph (1).
(3) PERFORMANCE STANDARD.—Proposals submitted under
paragraph (2) must meet any standards established by the
Secretary. For corridors with existing intercity passenger rail
service, proposals shall also be designed to achieve a reduction
of existing minimum intercity rail service trip times between
the main corridor city pairs by a minimum of 25 percent.
In the case of a proposal submitted with respect to paragraph
(1)(A), the proposal must be designed to achieve a 2-hour or
less express service between Washington, District of Columbia,
and New York City, New York.
(4) CONTENTS.—A proposal submitted under this subsection
shall include—
(A) the names and qualifications of the persons submitting the proposal and the entities proposed to finance,

H. R. 2095—117
design, construct, operate, and maintain the railroad, railroad equipment, and related facilities, stations, and infrastructure;
(B) a detailed description of the proposed rail service,
including possible routes, required infrastructure investments and improvements, equipment needs and type, train
frequencies, peak and average operating speeds, and trip
times;
(C) a description of how the project would comply with
Federal rail safety and security laws, orders, and regulations governing high-speed rail operations;
(D) the locations of proposed stations, which maximize
the usage of existing infrastructure to the extent possible,
and the populations such stations are intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation needed
to facilitate all aspects of the project;
(G) a financing plan identifying—
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public contribution toward the project, and proposed sources;
(iii) projected annual ridership projections for the
first 10 years of operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital investments
required both initially and in subsequent years to
maintain a state-of-good-repair necessary to provide
the initially proposed level of service or higher levels
of service;
(vi) projected levels of private investment and
sources thereof, including the identity of any person
or entity that has made or is expected to make a
commitment to provide or secure funding and the
amount of such commitment; and
(vii) projected funding for the full fair market compensation for any asset, property right or interest,
or service acquired from, owned, or held by a private
person or Federal entity that would be acquired,
impaired, or diminished in value as a result of a
project, except as otherwise agreed to by the private
person or entity;
(H) a description of how the project would contribute
to the development of a national high-speed rail system
and an intermodal plan describing how the system will
facilitate convenient travel connections with other transportation services;
(I) a description of how the project will ensure compliance with Federal laws governing the rights and status
of employees associated with the route and service,
including those specified in section 24405 of title 49, United
States Code;
(J) a description of how the design, construction,
implementation, and operation of the project will accommodate and allow for future growth of existing and projected
intercity, commuter, and freight rail service;

H. R. 2095—118
(K) a description of how the project would comply
with Federal and State environmental laws and regulations, of what the environmental impacts would result from
the project, and how any adverse impacts would be mitigated; and
(L) a description of the project’s impacts on highway
and aviation congestion, energy consumption, land use,
and economic development in the service area.
(b) DETERMINATION AND ESTABLISHMENT OF COMMISSIONS.—
Not later than 60 days after receipt of the proposals under subsection (a), the Secretary shall—
(1) make a determination as to whether any such proposals—
(A) contain the information required under subsection
(a)(3) and (4);
(B) are sufficiently credible to warrant further consideration;
(C) are likely to result in a positive impact on the
Nation’s transportation system; and
(D) are cost-effective and in the public interest; and
(2) establish a commission under subsection (c) for each
corridor with one or more proposals that the Secretary determines satisfies the requirements of paragraph (1), and forward
to each commission such proposals for review and consideration.
(c) COMMISSIONS.—
(1) MEMBERS.—Each commission referred to in subsection
(b)(2) shall include—
(A) the governors of the affected States, or their respective designees;
(B) mayors of appropriate municipalities along the proposed corridor, or their respective designees;
(C) a representative from each freight railroad carrier
using the relevant corridor, if applicable;
(D) a representative from each transit authority using
the relevant corridor, if applicable;
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees; and
(D) the President of Amtrak or his or her designee.
(2) APPOINTMENT AND SELECTION.—The Secretary shall
appoint the members under paragraph (1). In selecting each
commission’s members to fulfill the requirements under paragraph (1)(B) and (E), the Secretary shall consult with the
Chairmen and Ranking Members of the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure.
(3) CHAIRPERSON AND VICE-CHAIRPERSON SELECTION.—The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) QUORUM AND VACANCY.—
(A) QUORUM.—A majority of the members of each
commission shall constitute a quorum.
(B) VACANCY.—Any vacancy in each commission shall
not affect its powers and shall be filled in the same manner
in which the original appointment was made.

H. R. 2095—119
(5) APPLICATION OF LAW.—Except where otherwise provided
by this section, the Federal Advisory Committee Act (P.L. 92–
463) shall apply to each commission created under this section.
(d) COMMISSION CONSIDERATION.—
(1) IN GENERAL.—Each commission established under subsection (b)(2) shall be responsible for reviewing the proposal
or proposals forwarded to it under that subsection and not
later than 90 days after the establishment of the commission,
shall transmit to the Secretary a report which includes—
(A) a summary of each proposal received;
(B) services to be provided under each proposal,
including projected ridership, revenues, and costs;
(C) proposed public and private contributions for each
proposal;
(D) the advantages offered by the proposal over existing
intercity passenger rail services;
(E) public operating subsidies or assets needed for
the proposed project;
(F) possible risks to the public associated with the
proposal, including risks associated with project financing,
implementation, completion, safety, and security;
(G) a ranked list of the proposals recommended for
further consideration under subsection (e) in accordance
with each proposal’s projected positive impact on the
Nation’s transportation system;
(H) an identification of any proposed Federal legislation
that would facilitate implementation of the projects and
Federal legislation that would be required to implement
the projects; and
(I) any other recommendations by the commission concerning the proposed projects.
(2) VERBAL PRESENTATION.—Proposers shall be given an
opportunity to make a verbal presentation to the commission
to explain their proposals.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for the use of each
commission established under subsection (b)(2) such sums as
are necessary to carry out this section.
(e) SELECTION BY SECRETARY.—
(1) Not later than 60 days after receiving the recommended
proposals of the commissions established under subsection
(b)(2), the Secretary shall—
(A) review such proposals and select any proposal
which provides substantial benefits to the public and the
national transportation system, is cost-effective, offers
significant advantages over existing services, and meets
other relevant factors determined appropriate by the Secretary; and
(B) issue a report to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate containing any proposal with respect to subsection (a)(1)(A) that is selected by the Secretary under
subparagraph (A) of this paragraph, all the information
regarding the proposal provided to the Secretary under
subsection (d), and any other relevant information deemed
appropriate.

H. R. 2095—120
(2) Following the submission of the report under paragraph
(1)(B), the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing any proposal with
respect to subparagraphs (B) through (K) of subsection (a)(1)
that are selected by the Secretary under paragraph (1) of this
subsection, all the information regarding the proposal provided
to the Secretary under subsection (d), and any other relevant
information deemed appropriate.
(3) The report required under paragraph (2) shall not be
submitted by the Secretary until the report submitted under
paragraph (1) has been considered through a hearing by the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the report submitted under
paragraph (1)(B).
(f) PRELIMINARY ENGINEERING.—For planning and preliminary
engineering activities that meet the criteria of section 26101 of
title 49, United States Code, (other than subsections (a) and (b)(2))
that are undertaken after the Secretary submits reports to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate as required under subsection (e),
not to exceed $5,000,000 is authorized to be appropriated from
funds made available under section 26104(a) of such title. Only
1 proposal for each corridor under subsection (a) shall be eligible
for such funds.
(g) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.—No Federal
agency may take any action to implement, establish, facilitate,
or otherwise act upon any proposal submitted under this section,
other than those actions specifically authorized by this section,
without explicit statutory authority enacted after the date of enactment of this Act.
(h) DEFINITIONS.—In this section, the following definitions
apply:
(1) INTERCITY PASSENGER RAIL.—The term ‘‘intercity passenger rail’’ means intercity rail passenger transportation as
defined in section 24102 of title 49, United States Code.
(2) STATE.—The term ‘‘State’’ means any of the 50 States
or the District of Columbia.
(3) NORTHEAST CORRIDOR.—The term ‘‘Northeast Corridor’’
has the meaning given under section 24102 of title 49, United
States Code.
(4) HIGH-SPEED RAIL CORRIDOR.—The terms ‘‘high-speed
rail corridor’’ and ‘‘corridor’’ mean a corridor designated by
the Secretary pursuant to section 104(d)(2) of title 23, United
States Code, and the Northeast Corridor.

H. R. 2095—121

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

(a) AUTHORIZATION.—
(1) IN GENERAL.—Subject to the succeeding provisions of
this section, the Secretary of Transportation is authorized to
make grants to the Transit Authority, in addition to the contributions authorized under sections 3, 14, and 17 of the
National Capital Transportation Act of 1969 (sec. 9–1101.01
et seq., D.C. Official Code), for the purpose of financing in
part the capital and preventive maintenance projects included
in the Capital Improvement Program approved by the Board
of Directors of the Transit Authority.
(2) DEFINITIONS.—In this section—
(A) the term ‘‘Transit Authority’’ means the Washington Metropolitan Area Transit Authority established
under Article III of the Compact; and
(B) the term ‘‘Compact’’ means the Washington Metropolitan Area Transit Authority Compact (80 Stat. 1324;
Public Law 89–774).
(b) USE OF FUNDS.—The Federal grants made pursuant to
the authorization under this section shall be subject to the following
limitations and conditions:
(1) The work for which such Federal grants are authorized
shall be subject to the provisions of the Compact (consistent
with the amendments to the Compact described in subsection
(d)).
(2) Each such Federal grant shall be for 50 percent of
the net project cost of the project involved, and shall be provided
in cash from sources other than Federal funds or revenues
from the operation of public mass transportation systems. Consistent with the terms of the amendment to the Compact
described in subsection (d)(1), any funds so provided shall be
solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital.
(3) Such Federal grants may be used only for the maintenance and upkeep of the systems of the Transit Authority
as of the date of the enactment of this Act and may not
be used to increase the mileage of the rail system.
(c) APPLICABILITY OF REQUIREMENTS FOR MASS TRANSPORTATION CAPITAL PROJECTS RECEIVING FUNDS UNDER FEDERAL
TRANSPORTATION LAW.—Except as specifically provided in this section, the use of any amounts appropriated pursuant to the
authorization under this section shall be subject to the requirements
applicable to capital projects for which funds are provided under
chapter 53 of title 49, United States Code, except to the extent
that the Secretary of Transportation determines that the requirements are inconsistent with the purposes of this section.

H. R. 2095—122
(d) AMENDMENTS TO COMPACT.—No amounts may be provided
to the Transit Authority pursuant to the authorization under this
section until the Transit Authority notifies the Secretary of
Transportation that each of the following amendments to the Compact (and any further amendments which may be required to implement such amendments) have taken effect:
(1)(A) An amendment requiring that all payments by the
local signatory governments for the Transit Authority for the
purpose of matching any Federal funds appropriated in any
given year authorized under subsection (a) for the cost of operating and maintaining the adopted regional system are made
from amounts derived from dedicated funding sources.
(B) For purposes of this paragraph, the term ‘‘dedicated
funding source’’ means any source of funding which is earmarked or required under State or local law to be used to
match Federal appropriations authorized under this division
for payments to the Transit Authority.
(2) An amendment establishing an Office of the Inspector
General of the Transit Authority.
(3) An amendment expanding the Board of Directors of
the Transit Authority to include 4 additional Directors
appointed by the Administrator of General Services, of whom
2 shall be nonvoting and 2 shall be voting, and requiring
one of the voting members so appointed to be a regular passenger and customer of the bus or rail service of the Transit
Authority.
(e) ACCESS TO WIRELESS SERVICE IN METRORAIL SYSTEM.—
(1) REQUIRING TRANSIT AUTHORITY TO PROVIDE ACCESS TO
SERVICE.—No amounts may be provided to the Transit
Authority pursuant to the authorization under this section
unless the Transit Authority ensures that customers of the
rail service of the Transit Authority have access within the
rail system to services provided by any licensed wireless provider that notifies the Transit Authority (in accordance with
such procedures as the Transit Authority may adopt) of its
intent to offer service to the public, in accordance with the
following timetable:
(A) Not later than 1 year after the date of the enactment of this Act, in the 20 underground rail station platforms with the highest volume of passenger traffic.
(B) Not later than 4 years after such date, throughout
the rail system.
(2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM FOR
UPGRADES AND MAINTENANCE.—No amounts may be provided
to the Transit Authority pursuant to the authorization under
this section unless the Transit Authority ensures that each
licensed wireless provider who provides service to the public
within the rail system pursuant to paragraph (1) has access
to the system on an ongoing basis (subject to such restrictions
as the Transit Authority may impose to ensure that such access
will not unduly impact rail operations or threaten the safety
of customers or employees of the rail system) to carry out
emergency repairs, routine maintenance, and upgrades to the
service.
(3) PERMITTING REASONABLE AND CUSTOMARY CHARGES.—
Nothing in this subsection may be construed to prohibit the
Transit Authority from requiring a licensed wireless provider

H. R. 2095—123
to pay reasonable and customary charges for access granted
under this subsection.
(4) REPORTS.—Not later than 1 year after the date of the
enactment of this Act, and each of the 3 years thereafter,
the Transit Authority shall submit to the Committee on Oversight and Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the implementation of this
subsection.
(5) DEFINITION.—In this subsection, the term ‘‘licensed
wireless provider’’ means any provider of wireless services who
is operating pursuant to a Federal license to offer such services
to the public for profit.
(f) AMOUNT.—There are authorized to be appropriated to the
Secretary of Transportation for grants under this section an aggregate amount not to exceed $1,500,000,000 to be available in increments over 10 fiscal years beginning in fiscal year 2009, or until
expended.
(g) AVAILABILITY.—Amounts appropriated pursuant to the
authorization under this section shall remain available until
expended.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.