[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6003 Reported in House (RH)]
Union Calendar No. 434
110th CONGRESS
2d Session
H. R. 6003
[Report No. 110-690]
To reauthorize Amtrak, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2008
Mr. Oberstar (for himself, Mr. Mica, Ms. Corrine Brown of Florida, Mr.
Shuster, Mr. Nadler, Mr. Costello, Mr. Lipinski, Mr. Sires, Mr.
DeFazio, Mr. Cummings, Mrs. Napolitano, Ms. Norton, Mrs. Tauscher, Mr.
Arcuri, Mr. Space, Mr. Salazar, Mr. Braley of Iowa, Mr. Filner, Mr.
Rahall, Mr. Boswell, Ms. Eddie Bernice Johnson of Texas, Mr. Taylor,
Mr. Walz of Minnesota, Mr. Carney, Ms. Hirono, Mr. Higgins, Mr. Bishop
of New York, Mr. Carnahan, Mr. Larsen of Washington, Mr. Michaud, Ms.
Matsui, Mr. Hall of New York, Mr. Cohen, Mr. McNerney, Mr. Altmire, Mr.
Capuano, Mr. Holden, and Mr. Kagen) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
June 5, 2008
Additional sponsors: Mr. Loebsack, Mr. Rehberg, Mr. Farr, Ms. McCollum
of Minnesota, Mr. Snyder, Mr. Ryan of Ohio, and Mr. Clay
June 5, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 8,
2008]
_______________________________________________________________________
A BILL
To reauthorize Amtrak, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passenger Rail Investment and
Improvement Act of 2008''.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to a section or other
provision of law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorization for Amtrak capital and operating expenses and
State capital grants.
Sec. 102. Repayment of long-term debt and capital leases.
Sec. 103. Other authorizations.
Sec. 104. Tunnel project.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
Sec. 201. National railroad passenger transportation system defined.
Sec. 202. Amtrak Board of Directors.
Sec. 203. Establishment of improved financial accounting system.
Sec. 204. Development of 5-year financial plan.
Sec. 205. Establishment of grant process.
Sec. 206. State-supported routes.
Sec. 207. Metrics and standards.
Sec. 208. Northeast Corridor state-of-good-repair plan.
Sec. 209. Northeast Corridor infrastructure and operations
improvements.
Sec. 210. Restructuring long-term debt and capital leases.
Sec. 211. Study of compliance requirements at existing intercity rail
stations.
Sec. 212. Oversight of Amtrak's compliance with accessibility
requirements.
Sec. 213. Access to Amtrak equipment and services.
Sec. 214. General Amtrak provisions.
Sec. 215. Amtrak management accountability.
Sec. 216. Passenger rail study.
Sec. 217. Congestion grants.
Sec. 218. Plan for restoration of service.
Sec. 219. Locomotive biofuel study.
Sec. 220. Study of the use of biobased lubricants.
Sec. 221. Applicability of Buy American Act.
Sec. 222. Intercity passenger rail service performance.
Sec. 223. Amtrak Inspector General utilization study.
Sec. 224. Amtrak service preference study.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 301. Capital assistance for intercity passenger rail service;
State rail plans.
Sec. 302. State rail plans.
Sec. 303. Next generation corridor train equipment pool.
Sec. 304. Rail cooperative research program.
Sec. 305. Passenger rail system comparison study.
TITLE IV--COMMUTER RAIL TRANSIT ENHANCEMENT
Sec. 401. Commuter rail transit enhancement.
TITLE V--HIGH-SPEED RAIL
Sec. 501. High-speed rail corridor program.
Sec. 502. Additional high-speed projects.
Sec. 503. High-speed rail study.
Sec. 504. Grant conditions.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING EXPENSES AND
STATE CAPITAL GRANTS.
(a) Operating Grants.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for operating
costs the following amounts:
(1) For fiscal year 2009, $525,000,000.
(2) For fiscal year 2010, $600,000,000.
(3) For fiscal year 2011, $614,000,000.
(4) For fiscal year 2012, $638,000,000.
(5) For fiscal year 2013, $654,000,000.
(b) Inspector General.--Out of the amounts authorized under
subsection (a), there are authorized to be appropriated to the
Secretary of Transportation for the Office of the Inspector General of
Amtrak the following amounts:
(1) For fiscal year 2009, $20,368,900.
(2) For fiscal year 2010, $22,586,000.
(3) For fiscal year 2011, $24,337,000.
(4) For fiscal year 2012, $26,236,000.
(5) For fiscal year 2013, $28,287,000.
(c) Americans With Disabilities Act Compliance.--There are
authorized to be appropriated to the Secretary of Transportation for
the use of Amtrak for compliance with the requirements of the Americans
With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) the following
amounts:
(1) For fiscal year 2009, $68,500,000.
(2) For fiscal year 2010, $240,000,000.
(3) For fiscal year 2011, $240,000,000.
(4) For fiscal year 2012, $240,000,000.
(5) For fiscal year 2013, $240,000,000.
(d) Capital Grants.--There are authorized to be appropriated to the
Secretary of Transportation for the use of Amtrak for capital projects
(as defined in subparagraphs (A) and (B) of section 24401(2) of title
49, United States Code) to bring the Northeast Corridor (as defined in
section 24102(a)) to a state-of-good-repair, for capital expenses of
the national rail passenger transportation system, and for purposes of
making capital grants under section 24402 of that title to States, the
following amounts:
(1) For fiscal year 2009, $1,202,000,000.
(2) For fiscal year 2010, $1,321,000,000.
(3) For fiscal year 2011, $1,321,000,000.
(4) For fiscal year 2012, $1,427,000,000.
(5) For fiscal year 2013, $1,427,000,000.
(e) Amounts for State Grants.--Out of the amounts authorized under
subsection (d), the following percentage shall be available each fiscal
year for capital grants to States under section 24402 of title 49,
United States Code, to be administered by the Secretary of
Transportation:
(1) 41.60 percent for fiscal year 2009.
(2) 38 percent for fiscal year 2010.
(3) 38 percent for fiscal year 2011.
(4) 35 percent for fiscal year 2012.
(5) 35 percent for fiscal year 2013.
(f) Project Management Oversight.--The Secretary may withhold up to
\1/2\ of 1 percent of amounts appropriated pursuant to subsection (d)
for the costs of project management oversight of capital projects
carried out by Amtrak.
SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.
(a) Amtrak Principal and Interest Payments.--
(1) Principal and interest on debt service.--There are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak for retirement of
principal and payment of interest on loans for capital
equipment, or capital leases, not more than the following
amounts:
(A) For fiscal year 2009, $345,000,000.
(B) For fiscal year 2010, $345,000,000.
(C) For fiscal year 2011, $345,000,000.
(D) For fiscal year 2012, $345,000,000.
(E) For fiscal year 2013, $345,000,000.
(2) Early buyout option.--There are authorized to be
appropriated to the Secretary of Transportation such sums as
may be necessary for the use of Amtrak for the payment of costs
associated with early buyout options if the exercise of those
options is determined to be advantageous to Amtrak.
(3) Legal effect of payments under this section.--The
payment of principal and interest on secured debt, with the
proceeds of grants authorized by this section shall not--
(A) modify the extent or nature of any indebtedness
of the National Railroad Passenger Corporation to the
United States in existence of the date of enactment of
this Act;
(B) change the private nature of Amtrak's or its
successors' liabilities; or
(C) imply any Federal guarantee or commitment to
amortize Amtrak's outstanding indebtedness.
SEC. 103. OTHER AUTHORIZATIONS.
There are authorized to be appropriated to the Secretary of
Transportation--
(1) $5,000,000 for each of fiscal years 2009 through 2013
to carry out the rail cooperative research program under
section 24910 of title 49, United States Code; and
(2) $5,000,000 for fiscal year 2009, to remain available
until expended, for grants to Amtrak and States participating
in the Next Generation Corridor Train Equipment Pool Committee
established under section 303 of this Act for the purpose of
designing, developing specifications for, and initiating the
procurement of an initial order of 1 or more types of
standardized next-generation corridor train equipment and
establishing a jointly owned corporation to manage that
equipment.
SEC. 104. TUNNEL PROJECT.
(a) New Tunnel Alignment and Environmental Review.--Not later than
September 30, 2013, the Federal Railroad Administration, working with
Amtrak, the City of Baltimore, State of Maryland, and rail operators
described in subsection (b), shall--
(1) approve a new rail tunnel alignment in Baltimore that
will permit an increase in train speed and service reliability;
and
(2) ensure completion of the related environmental review
process.
(b) Affected Rail Operators.--Rail operators other than Amtrak may
participate in activities described in subsection (a) to the extent
that they can demonstrate the intention and ability to contribute to
the construction of the new tunnel.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Railroad Administration for carrying out
this section $60,000,000 for the period encompassing fiscal years 2009
through 2013.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM DEFINED.
(a) In General.--Section 24102 is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated the
following:
``(5) `national rail passenger transportation system'
means--
``(A) the segment of the Northeast Corridor between
Boston, Massachusetts and Washington, DC;
``(B) rail corridors that have been designated by
the Secretary of Transportation as high-speed corridors
(other than corridors described in subparagraph (A)),
but only after they have been improved to permit
operation of high-speed service;
``(C) long distance routes of more than 750 miles
between endpoints operated by Amtrak as of the date of
enactment of the Passenger Rail Investment and
Improvement Act of 2008; and
``(D) short-distance corridors, or routes of not
more than 750 miles between endpoints, operated by--
``(i) Amtrak; or
``(ii) another rail carrier that receives
funds under chapter 244.''.
(b) Amtrak Routes With State Funding.--
(1) In general.--Chapter 247 is amended by inserting after
section 24701 the following:
``Sec. 24702. Transportation requested by States, authorities, and
other persons
``(a) Contracts for Transportation.--Amtrak may enter into a
contract with a State, a regional or local authority, or another person
for Amtrak to operate an intercity rail service or route not included
in the national rail passenger transportation system upon such terms as
the parties thereto may agree.
``(b) Discontinuance.--Upon termination of a contract entered into
under this section, or the cessation of financial support under such a
contract by either party, Amtrak may discontinue such service or route,
notwithstanding any other provision of law.''.
(2) Conforming amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to section
24701 the following:
``24702. Transportation requested by States, authorities, and other
persons.''.
(c) Amtrak To Continue To Provide Non-High-Speed Services.--Nothing
in this Act is intended to preclude Amtrak from restoring, improving,
or developing non-high-speed intercity passenger rail service.
(d) Applicability of Section 24706.--Section 24706 is amended by
adding at the end the following:
``(c) Applicability.--This section applies to all service over
routes provided by Amtrak, notwithstanding any provision of section
24701 of this title or any other provision of this title except section
24702(b).''.
SEC. 202. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section 24302 is amended to read as follows:
``Sec. 24302. Board of Directors
``(a) Composition and Terms.--
``(1) The Board of Directors of Amtrak is composed of the
following 10 directors, each of whom must be a citizen of the
United States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak, who shall serve ex
officio, as a non-voting member.
``(C) 8 individuals appointed by the President of
the United States, by and with the advice and consent
of the Senate, with general business and financial
experience, experience or qualifications in
transportation, freight and passenger rail
transportation, travel, hospitality, cruise line, and
passenger air transportation businesses, or
representatives of employees or users of passenger rail
transportation or a State government.
``(2) In selecting individuals described in paragraph (1)
for nominations for appointments to the Board, the President
shall consult with the Speaker of the House of Representatives,
the minority leader of the House of Representatives, the
majority leader of the Senate, and the minority leader of the
Senate and try to provide adequate and balanced representation
of the major geographic regions of the United States served by
Amtrak.
``(3) An individual appointed under paragraph (1)(C) of
this subsection serves for 5 years or until the individual's
successor is appointed and qualified. Not more than 5
individuals appointed under paragraph (1)(C) may be members of
the same political party.
``(4) The Board shall elect a chairman and a vice chairman
from among its membership. The vice chairman shall serve as
chairman in the absence of the chairman.
``(5) The Secretary may be represented at board meetings by
the Secretary's designee.
``(b) Pay and Expenses.--Each director not employed by the United
States Government is entitled to $300 a day when performing Board
duties. Each Director is entitled to reimbursement for necessary
travel, reasonable secretarial and professional staff support, and
subsistence expenses incurred in attending Board meetings.
``(c) Vacancies.--A vacancy on the Board is filled in the same way
as the original selection, except that an individual appointed by the
President of the United States under subsection (a)(1)(C) of this
section to fill a vacancy occurring before the end of the term for
which the predecessor of that individual was appointed is appointed for
the remainder of that term. A vacancy required to be filled by
appointment under subsection (a)(1)(C) must be filled not later than
120 days after the vacancy occurs.
``(d) Quorum.--A majority of the members serving shall constitute a
quorum for doing business.
``(e) Bylaws.--The Board may adopt and amend bylaws governing the
operation of Amtrak. The bylaws shall be consistent with this part and
the articles of incorporation.''.
(b) Effective Date for Directors' Provision.--The amendment made by
subsection (a) shall take effect 6 months after the date of enactment
of this Act. The members of the Amtrak Board serving on the date of
enactment of this Act may continue to serve for the remainder of the
term to which they were appointed.
SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING SYSTEM.
(a) In General.--The Amtrak Board of Directors--
(1) may employ an independent financial consultant with
experience in railroad accounting to assist Amtrak in improving
Amtrak's financial accounting and reporting system and
practices;
(2) shall implement a modern financial accounting and
reporting system not later than 1 year after the date of
enactment of this Act; and
(3) shall, not later than 90 days after the end of each
fiscal year through fiscal year 2013--
(A) submit to Congress a comprehensive report that
allocates all of Amtrak's revenues and costs to each of
its routes, each of its lines of business, and each
major activity within each route and line of business
activity, including--
(i) train operations;
(ii) equipment maintenance;
(iii) food service;
(iv) sleeping cars;
(v) ticketing; and
(vi) reservations;
(B) include the report described in subparagraph
(A) in Amtrak's annual report; and
(C) post such report on Amtrak's website.
(b) Verification of System; Report.--The Inspector General of the
Department of Transportation shall review the accounting system
designed and implemented under subsection (a) to ensure that it
accomplishes the purposes for which it is intended. The Inspector
General shall report his findings and conclusions, together with any
recommendations, to the House of Representatives Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation.
(c) Categorization of Revenues and Expenses.--
(1) In general.--In carrying out subsection (a), the Amtrak
Board of Directors shall separately categorize routes, assigned
revenues, and attributable expenses by type of service,
including long distance routes, State-sponsored routes,
commuter contract routes, and Northeast Corridor routes.
(2) Northeast corridor.--Amtrak revenues generated by
freight and commuter railroads operating on the Northeast
Corridor shall be separately listed to include the charges per
car mile assessed by Amtrak to other freight and commuter
railroad entities.
(3) Fixed overhead expenses.--Fixed overhead expenses that
are not directly assigned or attributed to any route (or group
of routes) shall be listed separately by line item and expense
category.
SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.
(a) Development of 5-Year Financial Plan.--The Amtrak Board of
Directors shall submit an annual budget and business plan for Amtrak,
and a 5-year financial plan for the fiscal year to which that budget
and business plan relate and the subsequent 4 years, prepared in
accordance with this section, to the Secretary of Transportation and
the Inspector General of the Department of Transportation no later
than--
(1) the first day of each fiscal year beginning after the
date of enactment of this Act; or
(2) the date that is 60 days after the date of enactment of
an appropriation Act for the fiscal year, if later.
(b) Contents of 5-Year Financial Plan.--The 5-year financial plan
for Amtrak shall include, at a minimum--
(1) all projected revenues and expenditures for Amtrak,
including governmental funding sources;
(2) projected ridership levels for all Amtrak passenger
operations;
(3) revenue and expenditure forecasts for non-passenger
operations;
(4) capital funding requirements and expenditures necessary
to maintain passenger service which will accommodate predicted
ridership levels and predicted sources of capital funding;
(5) operational funding needs, if any, to maintain current
and projected levels of passenger service, including state-
supported routes and predicted funding sources;
(6) projected capital and operating requirements,
ridership, and revenue for any new passenger service operations
or service expansions;
(7) an assessment of the continuing financial stability of
Amtrak, such as Amtrak's ability to efficiently manage its
workforce, and Amtrak's ability to effectively provide
passenger train service;
(8) estimates of long-term and short-term debt and
associated principal and interest payments (both current and
anticipated);
(9) annual cash flow forecasts;
(10) a statement describing methods of estimation and
significant assumptions;
(11) specific measures that demonstrate measurable
improvement year over year in the financial results of Amtrak's
operations;
(12) prior fiscal year and projected operating ratio, cash
operating loss, and cash operating loss per passenger on a
route, business line, and corporate basis;
(13) prior fiscal year and projected specific costs and
savings estimates resulting from reform initiatives;
(14) prior fiscal year and projected labor productivity
statistics on a route, business line, and corporate basis; and
(15) prior fiscal year and projected equipment reliability
statistics.
(c) Standards To Promote Financial Stability.--In meeting the
requirements of subsection (b), Amtrak shall--
(1) apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity,
increasing revenues, or combinations of such practices;
(2) use the categories specified in the financial
accounting and reporting system developed under section 203
when preparing its 5-year financial plan; and
(3) ensure that the plan is consistent with the
authorizations of appropriations under title I of this Act.
SEC. 205. ESTABLISHMENT OF GRANT PROCESS.
(a) Grant Requests.--Amtrak shall submit grant requests (including
a schedule for the disbursement of funds), consistent with the
requirements of this Act, to the Secretary of Transportation for funds
authorized to be appropriated to the Secretary for the use of Amtrak
under sections 101(a), (c), and (d), 102, and 103(c) of this Act.
(b) Procedures for Grant Requests.--The Secretary shall establish
substantive and procedural requirements, including schedules, for grant
requests under this section not later than 30 days after the date of
enactment of this Act and shall transmit copies to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
(c) Review and Approval.--
(1) 30-day approval process.--The Secretary shall complete
the review of a complete grant request (including the
disbursement schedule) and approve or disapprove the request
within 30 days after the date on which Amtrak submits the grant
request. If the Secretary disapproves the request or determines
that the request is incomplete or deficient, the Secretary
shall include the reason for disapproval or the incomplete
items or deficiencies in the notice to Amtrak.
(2) 15-day modification period.--Within 15 days after
receiving notification from the Secretary under the preceding
sentence, Amtrak shall submit a modified request for the
Secretary's review.
(3) Revised requests.--Within 15 days after receiving a
modified request from Amtrak, the Secretary shall either
approve the modified request, or, if the Secretary finds that
the request is still incomplete or deficient, the Secretary
shall identify in writing to the House of Representatives
Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation the
remaining deficiencies and recommend a process for resolving
the outstanding portions of the request.
SEC. 206. STATE-SUPPORTED ROUTES.
(a) In General.--Within 2 years after the date of enactment of this
Act, the Board of Directors of Amtrak, in consultation with the
Secretary of Transportation and the governors of each relevant State
and the Mayor of the District of Columbia or groups representing those
officials, shall develop and implement a single, Nationwide
standardized methodology for establishing and allocating the operating
and capital costs among the States and Amtrak associated with trains
operated on routes described in section 24102(5)(B) or (D) or section
24702 that--
(1) ensures, within 5 years after the date of enactment of
this Act, equal treatment in the provision of like services of
all States and groups of States (including the District of
Columbia); and
(2) allocates to each route the costs incurred only for the
benefit of that route and a proportionate share, based upon
factors that reasonably reflect relative use, of costs incurred
for the common benefit of more than 1 route.
(b) Review.--If Amtrak and the States (including the District of
Columbia) in which Amtrak operates such routes do not voluntarily adopt
and implement the methodology developed under subsection (a) in
allocating costs and determining compensation for the provision of
service in accordance with the date established therein, the Surface
Transportation Board shall determine the appropriate methodology
required under subsection (a) for such services in accordance with the
procedures and procedural schedule applicable to a proceeding under
section 24904(c) of title 49, United States Code, and require the full
implementation of this methodology with regards to the provision of
such service within 1 year after the Board's determination of the
appropriate methodology.
(c) Use of Chapter 244 Funds.--Funds provided to a State under
chapter 244 of title 49, United States Code, may be used, as provided
in that chapter, to pay capital costs determined in accordance with
this section.
SEC. 207. METRICS AND STANDARDS.
(a) In General.--Within 180 days after the date of enactment of
this Act, the Administrator of the Federal Railroad Administration and
Amtrak shall jointly, in consultation with the Surface Transportation
Board, rail carriers over whose rail lines Amtrak trains operate,
States, Amtrak employees, nonprofit employee organizations representing
Amtrak employees, and groups representing Amtrak passengers, as
appropriate, develop new or improve existing metrics and minimum
standards for measuring the performance and service quality of
intercity passenger train operations, including cost recovery, on-time
performance and minutes of delay, ridership, on-board services,
stations, facilities, equipment, and other services. Such metrics, at a
minimum, shall include the percentage of avoidable and fully allocated
operating costs covered by passenger revenues on each route, ridership
per train mile operated, measures of on-time performance and delays
incurred by intercity passenger trains on the rail lines of each rail
carrier and, for long distance routes, measures of connectivity with
other routes in all regions currently receiving Amtrak service and the
transportation needs of communities and populations that are not well-
served by other forms of public transportation. Amtrak shall provide
reasonable access to the Federal Railroad Administration in order to
enable the Administration to carry out its duty under this section.
(b) Quarterly Reports.--The Administrator of the Federal Railroad
Administration shall collect the necessary data and publish a quarterly
report on the performance and service quality of intercity passenger
train operations, including Amtrak's cost recovery, ridership, on-time
performance and minutes of delay, causes of delay, on-board services,
stations, facilities, equipment, and other services.
(c) Contract With Host Rail Carriers.--To the extent practicable,
Amtrak and its host rail carriers shall incorporate the metrics and
standards developed under subsection (a) into their access and service
agreements.
(d) Arbitration.--If the development of the metrics and standards
is not completed within the 180-day period required by subsection (a),
any party involved in the development of those standards may petition
the Surface Transportation Board to appoint an arbitrator to assist the
parties in resolving their disputes through binding arbitration.
SEC. 208. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.
(a) In General.--Within 9 months after the date of enactment of
this Act, the National Railroad Passenger Corporation, in consultation
with the Secretary and the States (including the District of Columbia)
that make up the Northeast Corridor (as defined in section 24102 of
title 49, United States Code), shall prepare a capital spending plan
for capital projects required to return the railroad right-of-way
(including track, signals, and auxiliary structures), facilities,
stations, and equipment, of the Northeast Corridor to a state of good
repair by the end of fiscal year 2024, consistent with the funding
levels authorized in this Act and shall submit the plan to the
Secretary.
(b) Approval by the Secretary.--
(1) The Corporation shall submit the capital spending plan
prepared under this section to the Secretary of Transportation
for review and approval pursuant to the procedures developed
under section 205 of this Act.
(2) The Secretary of Transportation shall require that the
plan be updated at least annually and shall review and approve
such updates. During review, the Secretary shall seek comments
and review from the commission established under section 24905
of title 49, United States Code, and other Northeast Corridor
users regarding the plan.
(3) The Secretary shall make grants to the Corporation with
funds authorized by section 101(d) of this Act for Northeast
Corridor capital investments contained within the capital
spending plan prepared by the Corporation and approved by the
Secretary.
(4) Using the funds authorized by section 101(f) of this
Act, the Secretary shall review Amtrak's capital expenditures
funded by this section to ensure that such expenditures are
consistent with the capital spending plan and that Amtrak is
providing adequate project management oversight and fiscal
controls.
(c) Eligibility of Expenditures.--The Federal share of expenditures
for capital improvements under this section may not exceed 100 percent.
SEC. 209. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
IMPROVEMENTS.
(a) In General.--Section 24905 is amended to read as follows:
``Sec. 24905. Northeast Corridor Infrastructure and Operations Advisory
Commission
``(a) Northeast Corridor Infrastructure and Operations Advisory
Commission.--
``(1) Within 180 days after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008, the
Secretary of Transportation shall establish a Northeast
Corridor Infrastructure and Operations Advisory Commission
(hereinafter referred to in this section as the `Commission')
to promote mutual cooperation and planning pertaining to the
rail operations and related activities of the Northeast
Corridor. The Commission shall be made up of--
``(A) members representing the National Railroad
Passenger Corporation;
``(B) members representing the Secretary of
Transportation and the Federal Railroad Administration;
``(C) 1 member from each of the States (including
the District of Columbia) that constitute the Northeast
Corridor as defined in section 24102, designated by,
and serving at the pleasure of, the chief executive
officer thereof; and
``(D) non-voting representatives of freight
railroad carriers using the Northeast Corridor selected
by the Secretary.
``(2) The Secretary shall ensure that the membership
belonging to any of the groups enumerated under subparagraph
(1) shall not constitute a majority of the commission's
memberships.
``(3) The commission shall establish a schedule and
location for convening meetings, but shall meet no less than
four times per fiscal year, and the commission shall develop
rules and procedures to govern the commission's proceedings.
``(4) A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
``(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
``(6) The Chairman of the Commission shall be elected by
the members.
``(7) The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
``(8) Upon request of the Commission, the head of any
department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its
duties under this section.
``(9) Upon the request of the Commission, the Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities
under this section.
``(10) The commission shall consult with other entities as
appropriate.
``(b) General Recommendations.--The Commission shall develop
recommendations concerning Northeast Corridor rail infrastructure and
operations including proposals addressing, as appropriate--
``(1) short-term and long-term capital investment needs
beyond the state-of-good-repair under section 208 of the
Passenger Rail Investment and Improvement Act of 2008;
``(2) future funding requirements for capital improvements
and maintenance;
``(3) operational improvements of intercity passenger rail,
commuter rail, and freight rail services;
``(4) opportunities for additional non-rail uses of the
Northeast Corridor;
``(5) scheduling and dispatching;
``(6) safety enhancements;
``(7) equipment design;
``(8) marketing of rail services; and
``(9) future capacity requirements.
``(c) Access Costs.--
``(1) Development of formula.--Within 1 year after
verification of Amtrak's new financial accounting system
pursuant to section 203(b) of the Passenger Rail Investment and
Improvement Act of 2008, the Commission shall--
``(A) develop a standardized formula for
determining and allocating costs, revenues, and
compensation for Northeast Corridor commuter rail
passenger transportation, as defined in section 24102
of this title, that use National Railroad Passenger
Corporation facilities or services or that provide such
facilities or services to the National Railroad
Passenger Corporation that ensure that--
``(i) there is no cross-subsidization of
commuter rail passenger, intercity rail
passenger, or freight rail transportation; and
``(ii) each service is assigned the costs
incurred only for the benefit of that service,
and a proportionate share, based upon factors
that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1
service;
``(B) develop a proposed timetable for implementing
the formula before the end of the 6th year following
the date of enactment of that Act;
``(C) transmit the proposed timetable to the
Surface Transportation Board; and
``(D) at the request of a Commission member,
petition the Surface Transportation Board to appoint a
mediator to assist the Commission members through non-
binding mediation to reach an agreement under this
section.
``(2) Implementation.--The National Railroad Passenger
Corporation and the commuter authorities providing commuter
rail passenger transportation on the Northeast Corridor shall
implement new agreements for usage of facilities or services
based on the formula proposed in paragraph (1) in accordance
with the timetable established therein. If the entities fail to
implement such new agreements in accordance with the timetable,
the Commission shall petition the Surface Transportation Board
to determine the appropriate compensation amounts for such
services in accordance with section 24904(c) of this title. The
Surface Transportation Board shall enforce its determination on
the party or parties involved.
``(d) Transmission of Recommendations.--The commission shall
annually transmit the recommendations developed under subsection (b)
and the formula and timetable developed under subsection (c)(1) to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.''.
(b) Conforming Amendments.--(1) Section 24904(c)(2) is amended by--
(A) inserting ``commuter rail passenger and'' after
``between''; and
(B) striking ``freight'' in the second sentence.
(2) The chapter analysis for chapter 249 is amended by striking the
item relating to section 24905 and inserting the following:
``24905. Northeast Corridor Infrastructure and Operations Advisory
Commission.''.
(c) Acela Service Study.--
(1) In general.--Amtrak shall conduct a conduct a study to
determine the infrastructure and equipment improvements
necessary to provide regular Acela service--
(A) between Washington, DC and New York City--
(i) in 2 hours and 30 minutes;
(ii) in 2 hours and 15 minutes; and
(iii) in 2 hours; and
(B) between New York City and Boston--
(i) in 3 hours and 15 minutes;
(ii) in 3 hours; and
(iii) in 2 hours and 45 minutes.
(2) Issues.--The study conducted under paragraph (1) shall
include--
(A) an estimated time frame for achieving the trip
time described in paragraph (1);
(B) an analysis of any significant obstacles that
would hinder such an achievement; and
(C) a detailed description and cost estimate of the
specific infrastructure and equipment improvements
necessary for such an achievement.
(3) Report.--Within 1 year after the date of enactment of
this Act, Amtrak shall submit a written report containing the
results of the study required under this subsection to--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
(B) the Committee on Appropriations of the House of
Representatives;
(C) the Committee on Commerce, Science, and
Transportation of the Senate;
(D) the Committee on Appropriations of the Senate;
and
(E) the Federal Railroad Administration.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Transportation to enable
Amtrak to conduct the study under this subsection $5,000,000.
SEC. 210. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.
(a) In General.--The Secretary of the Treasury, in consultation
with the Secretary of Transportation and Amtrak, may make agreements to
restructure Amtrak's indebtedness as of the date of enactment of this
Act. This authorization expires 18 months after the date of enactment
of this Act.
(b) Debt Restructuring.--The Secretary of the Treasury, in
consultation with the Secretary of Transportation and Amtrak, shall
enter into negotiations with the holders of Amtrak debt, including
leases, outstanding on the date of enactment of this Act for the
purpose of restructuring (including repayment) and repaying that debt.
The Secretary of the Treasury may secure agreements for restructuring
or repayment on such terms as the Secretary of the Treasury deems
favorable to the interests of the Government.
(c) Criteria.--In restructuring Amtrak's indebtedness, the
Secretary of the Treasury and Amtrak--
(1) shall take into consideration repayment costs, the term
of any loan or loans, and market conditions; and
(2) shall ensure that the restructuring results in
significant savings to Amtrak and the United States Government.
(d) Payment of Renegotiated Debt.--If the criteria under subsection
(c) are met, the Secretary of the Treasury may assume or repay the
restructured debt, as appropriate.
(e) Amtrak Principal and Interest Payments.--
(1) Principal on debt service.--Unless the Secretary of the
Treasury makes sufficient payments to creditors under
subsection (d) so that Amtrak is required to make no payments
to creditors in a fiscal year, the Secretary of Transportation
shall use funds authorized by section 102(a)(1) of this Act for
the use of Amtrak for retirement of principal on loans for
capital equipment, or capital leases.
(2) Interest on debt.--Unless the Secretary of the Treasury
makes sufficient payments to creditors under subsection (d) so
that Amtrak is required to make no payments to creditors in a
fiscal year, the Secretary of Transportation shall use funds
authorized by section 102(a)(1) of this Act for the use of
Amtrak for the payment of interest on loans for capital
equipment, or capital leases.
(3) Reductions in authorization levels.--Whenever action
taken by the Secretary of the Treasury under subsection (a)
results in reductions in amounts of principal or interest that
Amtrak must service on existing debt, the corresponding amounts
authorized by section 102(a)(1) shall be reduced accordingly.
(f) Legal Effect of Payments Under This Section.--The payment of
principal and interest on secured debt, other than debt assumed under
subsection (d), with the proceeds of grants under subsection (e) shall
not--
(1) modify the extent or nature of any indebtedness of the
National Railroad Passenger Corporation to the United States in
existence of the date of enactment of this Act;
(2) change the private nature of Amtrak's or its
successors' liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.
(g) Secretary Approval.--Amtrak may not incur more debt after the
date of enactment of this Act without the express advance approval of
the Secretary of Transportation.
(h) Report.--The Secretary of the Treasury shall transmit a report
to the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Appropriations of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Appropriations of the Senate, by
November 1, 2009--
(1) describing in detail any agreements to restructure the
Amtrak debt; and
(2) providing an estimate of the savings to Amtrak and the
United States Government.
SEC. 211. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING INTERCITY RAIL
STATIONS.
Amtrak, in consultation with station owners and other railroads
operating service through the existing stations that it serves, shall
evaluate the improvements necessary to make these stations readily
accessible to and usable by individuals with disabilities, as required
by such section 242(e)(2) of the Americans with Disabilities Act of
1990, as amended (42 U.S.C. 12162(e)(2)). The evaluation shall include,
for each applicable station, improvements required to bring it into
compliance with the applicable parts of such section 242(e)(2), any
potential barriers to achieving compliance, the estimated cost of the
improvements necessary, the identification of the responsible person
(as defined in section 241(5) of that Act (42 U.S.C. 12161(5))), and
the earliest practicable date when such improvements can be made. The
evaluation shall also include an overall schedule for bringing all
applicable stations into compliance with the applicable parts of
section 242(e)(2). Amtrak shall submit the evaluation to the Committee
on Transportation and Infrastructure of the House of Representatives;
the Committee on Commerce, Science, and Transportation of the Senate;
the Department of Transportation; and the National Council on
Disability by July 1, 2009, along with recommendations for funding the
necessary improvements. Should the Department of Transportation issue
the Final Rule to its Notice of Proposed Rulemaking of February 27,
2006, on ``Transportation for Individuals with Disabilities,'' after
Amtrak submits its evaluation, Amtrak shall, not later than 120 days
after the date the Final Rule is published, submit to the above parties
a supplemental evaluation on the impact of those changes on its cost
and schedule for achieving full compliance.
SEC. 212. OVERSIGHT OF AMTRAK'S COMPLIANCE WITH ACCESSIBILITY
REQUIREMENTS.
Using the funds authorized by section 101(f) of this Act, the
Federal Railroad Administration shall monitor and conduct periodic
reviews of Amtrak's compliance with applicable sections of the
Americans with Disabilities Act of 1990 and the Rehabilitation Act of
1974 to ensure that Amtrak's services and facilities are accessible to
individuals with disabilities to the extent required by law.
SEC. 213. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.
If a State desires to select or selects an entity other than Amtrak
to provide services required for the operation of an intercity
passenger train route described in section 24102(5)(D) or 24702 of
title 49, United States Code, the State may make an agreement with
Amtrak to use facilities and equipment of, or have services provided
by, Amtrak under terms agreed to by the State and Amtrak to enable the
State to utilize an entity other than Amtrak to provide services
required for operation of the route. If the parties cannot agree upon
terms, and the Surface Transportation Board finds that access to
Amtrak's facilities or equipment, or the provision of services by
Amtrak, is necessary to carry out this provision and that the operation
of Amtrak's other services will not be impaired thereby, the Surface
Transportation Board shall, within 120 days after submission of the
dispute, issue an order that the facilities and equipment be made
available, and that services be provided, by Amtrak, and shall
determine reasonable compensation, liability and other terms for use of
the facilities and equipment and provision of the services.
Compensation shall be determined in accordance with the methodology
established pursuant to section 206 of this Act.
SEC. 214. GENERAL AMTRAK PROVISIONS.
(a) Repeal of Self-Sufficiency Requirements.--
(1) Plan required.--Section 24101(d) is amended--
(A) by striking ``plan to operate within the
funding levels authorized by section 24104 of this
chapter, including budgetary goals for fiscal years
1998 through 2002.'' and inserting ``plan, consistent
with section 204 of the Passenger Rail Investment and
Improvement Act of 2008, including the budgetary goals
for fiscal years 2009 through 2013.''; and
(B) by striking the last sentence and inserting
``Amtrak and its Board of Directors shall adopt a long-
term plan that minimizes the need for Federal operating
subsidies.''.
(2) Amtrak reform and accountability act amendments.--Title
II of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 nt) is amended by striking sections 204 and 205.
(b) Lease Arrangements.--Amtrak may obtain services from the
Administrator of General Services, and the Administrator may provide
services to Amtrak, under section 201(b) and 211(b) of the Federal
Property and Administrative Service Act of 1949 (40 U.S.C. 481(b) and
491(b)) for each of fiscal years 2009 through 2013.
(c) Travel Facilitation.--Using existing authority or agreements,
or upon reaching additional agreements with Canada, the Secretary of
Transportation and other Federal agencies, as appropriate, are
authorized to establish facilities and procedures to conduct
preclearance of passengers traveling on Amtrak trains from Canada to
the United States. The Secretary shall seek to establish such
facilities and procedures in areas determined appropriate by the
Secretary.
SEC. 215. AMTRAK MANAGEMENT ACCOUNTABILITY.
(a) In General.--Chapter 243 is amended by inserting after section
24309 the following:
``Sec. 24310. Management accountability
``(a) In General.--Three years after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008, and two years
thereafter, the Inspector General of the Department of Transportation
shall complete an overall assessment of the progress made by Amtrak
management and the Department of Transportation in implementing the
provisions of that Act.
``(b) Assessment.--The management assessment undertaken by the
Inspector General may include a review of--
``(1) effectiveness in improving annual financial planning;
``(2) effectiveness in implementing improved financial
accounting;
``(3) efforts to implement minimum train performance
standards;
``(4) progress maximizing revenues and minimizing Federal
subsidies and improving financial results; and
``(5) any other aspect of Amtrak operations the Inspector
General finds appropriate to review.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 is
amended by inserting after the item relating to section 24309 the
following:
``24310. Management accountability.''.
SEC. 216. PASSENGER RAIL STUDY.
(a) In General.--The Comptroller General of the General
Accountability Office shall conduct a study to determine the potential
cost and benefits of expanding passenger rail service options in
underserved communities.
(b) Submission.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit a report
containing the results of the study conducted under this section to--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 217. CONGESTION GRANTS.
(a) Authority.--The Secretary of Transportation may make grants to
States, or to Amtrak in cooperation with States, for financing the
capital costs of facilities, infrastructure, and equipment for high
priority rail corridor projects necessary to reduce congestion or
facilitate ridership growth in intercity passenger rail transportation.
(b) Eligible Projects.--Projects eligible for grants under this
section include projects--
(1) identified by Amtrak as necessary to reduce congestion
or facilitate ridership growth in intercity passenger rail
transportation along heavily traveled rail corridors; and
(2) designated by the Secretary as being sufficiently
advanced in development to be capable of serving the purposes
described in subsection (a) on an expedited schedule.
(c) Compliance With Environmental Laws.--The Secretary shall not
make a grant under this section for a project without adequate
assurances that the project will be completed in full compliance with
all applicable Federal and State environmental laws and regulations.
(d) Federal Share.--The Federal share of the cost of a project
financed under this section shall not exceed 80 percent.
(e) Employee Protection.--The recipient of a grant under this
section shall agree to comply with the standards of section 24312 of
title 49, United States Code, as such section was in effect on
September 1, 2003, with respect to the project in the same manner that
the National Railroad Passenger Corporation is required to comply with
those standards for construction work financed under an agreement made
under section 24308(a) of such title.
SEC. 218. PLAN FOR RESTORATION OF SERVICE.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, Amtrak shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
plan for restoring passenger rail service between New Orleans,
Louisiana, and Sanford, Florida. The plan shall include a projected
timeline for restoring such service, the costs associated with
restoring such service, and any proposals for legislation necessary to
support such restoration of service. In developing the plan, Amtrak
shall consult with representatives from the States of Louisiana,
Alabama, Mississippi, and Florida, railroad carriers whose tracks may
be used for such service, rail passengers, rail labor, and other
entities as appropriate.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation to enable Amtrak to
conduct the study under this subsection $1,000,000.
SEC. 219. LOCOMOTIVE BIOFUEL STUDY.
(a) In General.--The Administrator of the Federal Railroad
Administration, in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, shall conduct a
study to determine the extent to which freight and passenger rail
operators could use biofuel blends to power its locomotive fleet and
other vehicles that operate on rail tracks.
(b) Definition.--For purposes of this section, the term ``biofuel''
means a fuel that utilizes renewable resources and is composed
substantially of a renewable resource blended with ethanol, methanol,
or other additive.
(c) Factors.--In conducting the study, the Federal Railroad
Administration shall consider--
(1) the energy intensity of various biofuel blends compared
to diesel fuel;
(2) the emission benefits of using various biofuel blends
compared to locomotive diesel fuel;
(3) the cost of purchasing biofuel blends;
(4) the public benefits derived from the use of such fuels;
and
(5) the effect of biofuel use on relevant locomotive and
other vehicle performance.
(d) Locomotive Testing.--As part of the study, the Federal Railroad
Administration shall test locomotive engine performance and emissions
using blends of biofuel and diesel fuel in order to recommend a premium
locomotive biofuel blend.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Federal Railroad Administration shall issue the results
of this study to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $1,000,000 to carry out
this section, to remain available until expended.
SEC. 220. STUDY OF THE USE OF BIOBASED LUBRICANTS.
Not later than 180 days after the date of enactment of this Act,
the Federal Railroad Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of a study of the feasibility of using
readily biodegradable lubricants by freight and passenger railroads.
The Federal Railroad Administration shall work with an agricultural-
based lubricant testing facility or facilities to complete this study.
The study shall include--
(1) an analysis of the potential use of soy-based grease
and soy-based hydraulic fluids to perform according to railroad
industry standards;
(2) an analysis of the potential use of other readily
biodegradable lubricants to perform according to railroad
industry standards;
(3) a comparison of the health and safety of petroleum-
based lubricants with biobased lubricants, which shall include
an analysis of fire safety; and
(4) a comparison of the environmental impact of petroleum-
based lubricants with biobased lubricants, which shall include
rate and effects of biodegradability.
SEC. 221. APPLICABILITY OF BUY AMERICAN ACT.
Section 24305(f) is amended to read as follows:
``(f) Applicability of Buy American Act.--Amtrak shall be subject
to the Buy American Act (41 U.S.C. 10a-d) and the regulations
thereunder, for purchases of $100,000 or more.''.
SEC. 222. INTERCITY PASSENGER RAIL SERVICE PERFORMANCE.
(a) Development of Evaluation Metrics.--Not later than 6 months
after the date of enactment of this Act, the Inspector General of the
Department of Transportation shall, using the financial and performance
metrics developed under section 207, develop metrics for the evaluation
of the performance and service quality of intercity passenger rail
services including cost recovery, on-time performance and minutes of
delay, ridership, onboard services, maintenance of facilities and
equipment, and other services.
(b) Identification of Worst Performing Routes.--On the basis of
these metrics, the Inspector General shall identify the five worst
performing Amtrak routes.
(c) Alternative Routes.--The Inspector General shall also establish
criteria for evaluating routes not currently served by Amtrak which
might be able to support passenger rail service at a reasonable cost.
(d) Report to Congress.--The Inspector General shall submit a
report to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate recommending a process for the Department
of Transportation to consider proposals by Amtrak and others to serve
underperforming routes, and routes not currently served by Amtrak. The
proposals shall require that applicants follow grant requirements of
section 504. The Inspector General shall recommend one route not
currently served by Amtrak and two routes (from among the five worst
routes identified under subsection (b)) currently served by Amtrak, for
the Department of Transportation to consider under the selection
process.
(e) Implementation.--The Secretary shall not implement the
selection process recommended by the Inspector General under subsection
(d) until legislation has been enacted authorizing the Secretary to
take such action.
SEC. 223. AMTRAK INSPECTOR GENERAL UTILIZATION STUDY.
Not later than 9 months after the date of enactment of this Act,
the Amtrak Inspector General shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on Amtrak's utilization of its facilities, including the Beech
Grove Repair facility in Indiana. The report shall include an
examination of Amtrak's utilization of its existing facilities to
determine the extent Amtrak is maximizing the opportunities for each
facility, including any attempts to provide maintenance and repair to
other rail carriers. In developing this report, the Amtrak Inspector
General shall consult with other railroad carriers as it deems
appropriate.
SEC. 224. AMTRAK SERVICE PREFERENCE STUDY.
Not later than 6 months after the date of enactment of this Act,
the Surface Transportation Board shall transmit to the Congress a
report containing--
(1) the findings of a study of the effectiveness of the
implementation of section 24308(c) of title 49, United States
Code, in ensuring the preference of Amtrak service over freight
transportation service; and
(2) recommendations with respect to any regulatory or
legislative actions that would improve such effectiveness.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL SERVICE;
STATE RAIL PLANS.
(a) In General.--Part C of subtitle V is amended by inserting the
following after chapter 243:
``CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE
``Sec.
``24401. Definitions.
``24402. Capital investment grants to support intercity passenger rail
service.
``24403. Project management oversight.
``24404. Use of capital grants to finance first-dollar liability of
grant project.
``24405. Grant conditions.
``Sec. 24401. Definitions
``In this chapter:
``(1) Applicant.--The term `applicant' means a State
(including the District of Columbia), a group of States, an
Interstate Compact, or a public agency established by one or
more States and having responsibility for providing intercity
passenger rail service.
``(2) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under chapter
225 of this title for--
``(A) acquiring, constructing, improving, or
inspecting equipment, track and track structures, or a
facility for use in or for the primary benefit of
intercity passenger rail service, expenses incidental
to the acquisition or construction (including
designing, engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-way),
payments for the capital portions of rail trackage
rights agreements, highway-rail grade crossing
improvements related to intercity passenger rail
service, mitigating environmental impacts,
communication and signalization improvements,
relocation assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing;
``(B) rehabilitating, remanufacturing or
overhauling rail rolling stock and facilities used
primarily in intercity passenger rail service;
``(C) costs associated with developing State rail
plans; and
``(D) the first-dollar liability costs for
insurance related to the provision of intercity
passenger rail service under section 24404.
``(3) Intercity passenger rail service.--The term
`intercity passenger rail service' means transportation
services with the primary purpose of passenger transportation
between towns, cities and metropolitan areas by rail, including
high-speed rail, as defined in section 24102 of this title.
``Sec. 24402. Capital investment grants to support intercity passenger
rail service
``(a) General Authority.--
``(1) The Secretary of Transportation may make grants under
this section to an applicant to assist in financing the capital
costs of facilities, infrastructure, and equipment necessary to
provide or improve intercity passenger rail transportation.
``(2) The Secretary shall require that a grant under this
section be subject to the terms, conditions, requirements, and
provisions the Secretary decides are necessary or appropriate
for the purposes of this section, including requirements for
the disposition of net increases in value of real property
resulting from the project assisted under this section and
shall prescribe procedures and schedules for the awarding of
grants under this title, including application and
qualification procedures and a record of decision on applicant
eligibility. The Secretary shall issue a final rule
establishing such procedures not later than 90 days after the
date of enactment of the Passenger Rail Investment and
Improvement Act of 2008.
``(b) Project as Part of State Rail Plan.--
``(1) The Secretary may not approve a grant for a project
under this section unless the Secretary finds that the project
is part of a State rail plan developed under chapter 225 of
this title, or under the plan required by section 302 of the
Passenger Rail Investment and Improvement Act of 2008, and that
the applicant or recipient has or will have the legal,
financial, and technical capacity to carry out the project,
satisfactory continuing control over the use of the equipment
or facilities, and the capability and willingness to maintain
the equipment or facilities.
``(2) An applicant shall provide sufficient information
upon which the Secretary can make the findings required by this
subsection.
``(3) If an applicant has not selected the proposed
operator of its service competitively, the applicant shall
provide written justification to the Secretary showing why the
proposed operator is the best, taking into account price and
other factors, and that use of the proposed operator will not
unnecessarily increase the cost of the project.
``(c) Project Selection Criteria.--The Secretary, in selecting the
recipients of financial assistance to be provided under subsection (a),
shall--
``(1) require that each proposed project meet all safety
requirements that are applicable to the project under law;
``(2) give preference to projects with high levels of
estimated ridership, increased on-time performance, reduced
trip time, additional service frequency to meet anticipated or
existing demand, or other significant service enhancements as
measured against minimum standards developed under section 207
of the Passenger Rail Investment and Improvement Act of 2008;
``(3) encourage intermodal connectivity through projects
that provide direct connections between train stations,
airports, bus terminals, subway stations, ferry ports, and
other modes of transportation;
``(4) ensure that each project is compatible with, and is
operated in conformance with--
``(A) plans developed pursuant to the requirements
of section 135 of title 23, United States Code; and
``(B) the national rail plan (if it is available);
and
``(5) favor the following kinds of projects:
``(A) Projects that are expected to have a
significant favorable impact on air or highway traffic
congestion, capacity, or safety.
``(B) Projects that improve freight or commuter
rail operations.
``(C) Projects that have significant environmental
benefits, including projects that involve the purchase
of environmentally sensitive, fuel-efficient, and cost-
effective passenger rail equipment.
``(D) Projects that are--
``(i) at a stage of preparation that all
pre-commencement compliance with environmental
protection requirements has already been
completed; and
``(ii) ready to be commenced.
``(E) Projects with positive economic and
employment impacts.
``(F) Projects that encourage the use of positive
train control technologies.
``(G) Projects that have commitments of funding
from non-Federal Government sources in a total amount
that exceeds the minimum amount of the non-Federal
contribution required for the project.
``(H) Projects that involve donated property
interests or services.
``(I) Projects that are identified by the Surface
Transportation Board as necessary to improve the on
time performance and reliability of intercity passenger
rail under section 24308(f).
``(J) Projects described in section 5302(a)(1)(G)
of this title that are designed to support intercity
passenger rail service.
``(K) Projects that encourage intermodal
connectivity, create significant opportunity for State
and private contributions toward station development,
are energy and environmentally efficient, and have
economic benefits.
``(d) Amtrak Eligibility.--To receive a grant under this section,
the National Railroad Passenger Corporation may enter into a
cooperative agreement with 1 or more States to carry out 1 or more
projects on a State rail plan's ranked list of rail capital projects
developed under section 22504(a)(5) of this title.
``(e) Letters of Intent, Full Funding Grant Agreements, and Early
Systems Work Agreements.--
``(1)(A) The Secretary may issue a letter of intent to an
applicant announcing an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project.
``(B) At least 30 days before issuing a letter under
subparagraph (A) of this paragraph or entering into a full
funding grant agreement, the Secretary shall notify in writing
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate and the House and Senate
Committees on Appropriations of the proposed letter or
agreement. The Secretary shall include with the notification a
copy of the proposed letter or agreement as well as the
evaluations and ratings for the project.
``(C) An obligation or administrative commitment may be
made only when amounts are appropriated.
``(2)(A) The Secretary may make a full funding grant
agreement with an applicant. The agreement shall--
``(i) establish the terms of participation by the
United States Government in a project under this
section;
``(ii) establish the maximum amount of Government
financial assistance for the project;
``(iii) cover the period of time for completing the
project, including a period extending beyond the period
of an authorization; and
``(iv) make timely and efficient management of the
project easier according to the law of the United
States.
``(B) An agreement under this paragraph obligates an amount
of available budget authority specified in law and may include
a commitment, contingent on amounts to be specified in law in
advance for commitments under this paragraph, to obligate an
additional amount from future available budget authority
specified in law. The agreement shall state that the contingent
commitment is not an obligation of the Government and is
subject to the availability of appropriations made by Federal
law and to Federal laws in force on or enacted after the date
of the contingent commitment. Interest and other financing
costs of efficiently carrying out a part of the project within
a reasonable time are a cost of carrying out the project under
a full funding grant agreement, except that eligible costs may
not be more than the cost of the most favorable financing terms
reasonably available for the project at the time of borrowing.
The applicant shall certify, in a way satisfactory to the
Secretary, that the applicant has shown reasonable diligence in
seeking the most favorable financing terms.
``(3)(A) The Secretary may make an early systems work
agreement with an applicant if a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been issued on the project and the Secretary finds
there is reason to believe--
``(i) a full funding grant agreement for the
project will be made; and
``(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and at
less cost.
``(B) A work agreement under this paragraph obligates an
amount of available budget authority specified in law and shall
provide for reimbursement of preliminary costs of carrying out
the project, including land acquisition, timely procurement of
system elements for which specifications are decided, and other
activities the Secretary decides are appropriate to make
efficient, long-term project management easier. A work
agreement shall cover the period of time the Secretary
considers appropriate. The period may extend beyond the period
of current authorization. Interest and other financing costs of
efficiently carrying out the work agreement within a reasonable
time are a cost of carrying out the agreement, except that
eligible costs may not be more than the cost of the most
favorable financing terms reasonably available for the project
at the time of borrowing. The applicant shall certify, in a way
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financing
terms. If an applicant does not carry out the project for
reasons within the control of the applicant, the applicant
shall repay all Government payments made under the work
agreement plus reasonable interest and penalty charges the
Secretary establishes in the agreement.
``(4) The total estimated amount of future obligations of
the Government and contingent commitments to incur obligations
covered by all outstanding letters of intent, full funding
grant agreements, and early systems work agreements may be not
more than the amount authorized under section 101(d) of the
Passenger Rail Investment and Improvement Act of 2008, less an
amount the Secretary reasonably estimates is necessary for
grants under this section not covered by a letter. The total
amount covered by new letters and contingent commitments
included in full funding grant agreements and early systems
work agreements may be not more than a limitation specified in
law.
``(f) Federal Share of Net Project Cost.--
``(1)(A) Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment
or facilities, the Secretary shall estimate the net project
cost.
``(B) A grant for the project shall not exceed 80 percent
of the project net capital cost.
``(C) The Secretary shall give priority in allocating
future obligations and contingent commitments to incur
obligations to grant requests seeking a lower Federal share of
the project net capital cost.
``(2) Up to an additional 20 percent of the required non-
Federal funds may be funded from amounts appropriated to or
made available to a department or agency of the Federal
Government that are eligible to be expended for transportation.
``(3) 50 percent of the average amounts expended by a State
or group of States (including the District of Columbia) for
capital projects to benefit intercity passenger rail service
and operating costs in fiscal years 2002, 2003, 2004, 2005,
2006, 2007, and 2008 shall be credited towards the matching
requirements for grants awarded in fiscal years 2009, 2010, and
2011 under this section. The Secretary may require such
information as necessary to verify such expenditures.
``(4) 50 percent of the average amounts expended by a State
or group of States (including the District of Columbia) in a
fiscal year, beginning in fiscal year 2007, for capital
projects to benefit intercity passenger rail service or for the
operating costs of such service above the average capital and
operating expenditures made for such service in fiscal years
2004, 2005, 2006, 2007, and 2008 shall be credited towards the
matching requirements for grants awarded under this section.
The Secretary may require such information as necessary to
verify such expenditures.
``(g) Undertaking Projects in Advance.--
``(1) The Secretary may pay the Federal share of the net
capital project cost to an applicant that carries out any part
of a project described in this section according to all
applicable procedures and requirements if--
``(A) the applicant applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out the part of the project,
the Secretary approves the plans and specifications for
the part in the same way as other projects under this
section.
``(2) The cost of carrying out part of a project includes
the amount of interest earned and payable on bonds issued by
the applicant to the extent proceeds of the bonds are expended
in carrying out the part. However, the amount of interest under
this paragraph may not be more than the most favorable interest
terms reasonably available for the project at the time of
borrowing. The applicant shall certify, in a manner
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financial
terms.
``(3) The Secretary shall consider changes in capital
project cost indices when determining the estimated cost under
paragraph (2) of this subsection.
``(h) 2-Year Availability.--Funds appropriated under this section
shall remain available until expended. If any amount provided as a
grant under this section is not obligated or expended for the purposes
described in subsection (a) within 2 years after the date on which the
State received the grant, such sums shall be returned to the Secretary
for other intercity passenger rail development projects under this
section at the discretion of the Secretary.
``(i) Special Transportation Circumstances.--In carrying out this
section, the Secretary shall allocate an appropriate portion of the
amounts available under this section to provide grants to States--
``(1) in which there is no intercity passenger rail service
for the purpose of funding freight rail capital projects that
are on a State rail plan developed under chapter 225 of this
title that provide public benefits (as defined in chapter 225)
as determined by the Secretary; or
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental United
States or may not otherwise qualify for a grant under this
section due to the unique characteristics of the geography of
that State or other relevant considerations, for the purpose of
funding transportation-related capital projects.
``(j) Small Capital Projects.--The Secretary shall make available
$10,000,000 annually from the amounts authorized under section 101(d)
of the Passenger Rail Investment and Improvement Act of 2008 beginning
in fiscal year 2009 for grants for capital projects eligible under this
section not exceeding $2,000,000, including costs eligible under
section 206(c) of that Act. The Secretary may wave requirements of this
section, including state rail plan requirements, as appropriate.
``Sec. 24403. Project management oversight
``(a) Project Management Plan Requirements.--To receive Federal
financial assistance for a major capital project under this chapter, an
applicant must prepare and carry out a project management plan approved
by the Secretary of Transportation. The plan shall provide for--
``(1) adequate recipient staff organization with well-
defined reporting relationships, statements of functional
responsibilities, job descriptions, and job qualifications;
``(2) a budget covering the project management
organization, appropriate consultants, property acquisition,
utility relocation, systems demonstration staff, audits, and
miscellaneous payments the recipient may be prepared to
justify;
``(3) a construction schedule for the project;
``(4) a document control procedure and recordkeeping
system;
``(5) a change order procedure that includes a documented,
systematic approach to handling the construction change orders;
``(6) organizational structures, management skills, and
staffing levels required throughout the construction phase;
``(7) quality control and quality assurance functions,
procedures, and responsibilities for construction, system
installation, and integration of system components;
``(8) material testing policies and procedures;
``(9) internal plan implementation and reporting
requirements;
``(10) criteria and procedures to be used for testing the
operational system or its major components;
``(11) periodic updates of the plan, especially related to
project budget and project schedule, financing, and ridership
estimates; and
``(12) the recipient's commitment to submit a project
budget and project schedule to the Secretary each month.
``(b) Secretarial Oversight.--
``(1) The Secretary may use no more than 0.5 percent of
amounts made available in a fiscal year for capital projects
under this chapter to enter into contracts to oversee the
construction of such projects.
``(2) The Secretary may use amounts available under
paragraph (1) of this subsection to make contracts for safety,
procurement, management, and financial compliance reviews and
audits of a recipient of amounts under paragraph (1).
``(3) The Federal Government shall pay the entire cost of
carrying out a contract under this subsection.
``(c) Access to Sites and Records.--Each recipient of assistance
under this chapter shall provide the Secretary and a contractor the
Secretary chooses under subsection (c) of this section with access to
the construction sites and records of the recipient when reasonably
necessary.
``Sec. 24404. Use of capital grants to finance first-dollar liability
of grant project
``Notwithstanding the requirements of section 24402 of this
chapter, the Secretary of Transportation may approve the use of capital
assistance under this chapter to fund self-insured retention of risk
for the first tier of liability insurance coverage for rail passenger
service associated with the capital assistance grant, but the coverage
may not exceed $20,000,000 per occurrence or $20,000,000 in aggregate
per year.
``Sec. 24405. Grant conditions
``(a) Domestic Buying Preference.--
``(1) Requirement.--
``(A) In general.--In carrying out a project funded
in whole or in part with a grant under this title, the
grant recipient shall purchase only--
``(i) unmanufactured articles, material,
and supplies mined or produced in the United
States; or
``(ii) manufactured articles, material, and
supplies manufactured in the United States
substantially from articles, material, and
supplies mined, produced, or manufactured in
the United States.
``(B) De minimis amount.--Subparagraph (A) applies
only to a purchase in an total amount that is not less
than $1,000,000.
``(2) Exemptions.--On application of a recipient, the
Secretary may exempt a recipient from the requirements of this
subsection if the Secretary decides that, for particular
articles, material, or supplies--
``(A) such requirements are inconsistent with the
public interest;
``(B) the cost of imposing the requirements is
unreasonable; or
``(C) the articles, material, or supplies, or the
articles, material, or supplies from which they are
manufactured, are not mined, produced, or manufactured
in the United States in sufficient and reasonably
available commercial quantities and are not of a
satisfactory quality.
``(3) United states defined.--In this subsection, the term
`the United States' means the States, territories, and
possessions of the United States and the District of Columbia.
``(b) Operators Deemed Rail Carriers and Employers for Certain
Purposes.--A person that conducts rail operations over rail
infrastructure constructed or improved with funding provided in whole
or in part in a grant made under this title shall be considered a rail
carrier as defined in section 10102(5) of this title for purposes of
this title and any other statute that adopts that definition or in
which that definition applies, including--
``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.);
``(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
``(3) the Railroad Unemployment Insurance Act (45 U.S.C.
351 et seq.).
``(c) Grant Conditions.--The Secretary shall require as a condition
of making any grant under this title for a project that uses rights-of-
way owned by a railroad that--
``(1) a written agreement exist between the applicant and
the railroad regarding such use and ownership, including--
``(A) any compensation for such use;
``(B) assurances regarding the adequacy of
infrastructure capacity to accommodate both existing
and future freight and passenger operations;
``(C) an assurance by the railroad that collective
bargaining agreements with the railroad's employees
(including terms regulating the contracting of work)
will remain in full force and effect according to their
terms for work performed by the railroad on the
railroad transportation corridor; and
``(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of
this title; and
``(2) the applicant agrees to comply with--
``(A) the standards of section 24312 of this title,
as such section was in effect on September 1, 2003,
with respect to the project in the same manner that the
National Railroad Passenger Corporation is required to
comply with those standards for construction work
financed under an agreement made under section 24308(a)
of this title; and
``(B) the protective arrangements established under
section 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 836) with
respect to employees affected by actions taken in
connection with the project to be financed in whole or
in part by grants under this chapter.
``(d) Replacement of Existing Intercity Passenger Rail Service.--
``(1) Collective bargaining agreement for intercity
passenger rail projects.--Any entity providing intercity
passenger railroad transportation that begins operations after
the date of enactment of this Act on a project funded in whole
or in part by grants made under this title and replaces
intercity rail passenger service that was provided by Amtrak,
unless such service was provided solely by Amtrak to another
entity, as of such date shall enter into an agreement with the
authorized bargaining agent or agents for adversely affected
employees of the predecessor provider that--
``(A) gives each such qualified employee of the
predecessor provider priority in hiring according to
the employee's seniority on the predecessor provider
for each position with the replacing entity that is in
the employee's craft or class and is available within 3
years after the termination of the service being
replaced;
``(B) establishes a procedure for notifying such an
employee of such positions;
``(C) establishes a procedure for such an employee
to apply for such positions; and
``(D) establishes rates of pay, rules, and working
conditions.
``(2) Immediate replacement service.--
``(A) Negotiations.--If the replacement of
preexisting intercity rail passenger service occurs
concurrent with or within a reasonable time before the
commencement of the replacing entity's rail passenger
service, the replacing entity shall give written notice
of its plan to replace existing rail passenger service
to the authorized collective bargaining agent or agents
for the potentially adversely affected employees of the
predecessor provider at least 90 days before the date
on which it plans to commence service. Within 5 days
after the date of receipt of such written notice,
negotiations between the replacing entity and the
collective bargaining agent or agents for the employees
of the predecessor provider shall commence for the
purpose of reaching agreement with respect to all
matters set forth in subparagraphs (A) through (D) of
paragraph (1). The negotiations shall continue for 30
days or until an agreement is reached, whichever is
sooner. If at the end of 30 days the parties have not
entered into an agreement with respect to all such
matters, the unresolved issues shall be submitted for
arbitration in accordance with the procedure set forth
in subparagraph (B).
``(B) Arbitration.--If an agreement has not been
entered into with respect to all matters set forth in
subparagraphs (A) through (D) of paragraph (1) as
described in subparagraph (A) of this paragraph, the
parties shall select an arbitrator. If the parties are
unable to agree upon the selection of such arbitrator
within 5 days, either or both parties shall notify the
National Mediation Board, which shall provide a list of
seven arbitrators with experience in arbitrating rail
labor protection disputes. Within 5 days after such
notification, the parties shall alternately strike
names from the list until only 1 name remains, and that
person shall serve as the neutral arbitrator. Within 45
days after selection of the arbitrator, the arbitrator
shall conduct a hearing on the dispute and shall render
a decision with respect to the unresolved issues among
the matters set forth in subparagraphs (A) through (D)
of paragraph (1). This decision shall be final,
binding, and conclusive upon the parties. The salary
and expenses of the arbitrator shall be borne equally
by the parties; all other expenses shall be paid by the
party incurring them.
``(3) Service commencement.--A replacing entity under this
subsection shall commence service only after an agreement is
entered into with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1) or the decision
of the arbitrator has been rendered.
``(4) Subsequent replacement of service.--If the
replacement of existing rail passenger service takes place
within 3 years after the replacing entity commences intercity
passenger rail service, the replacing entity and the collective
bargaining agent or agents for the adversely affected employees
of the predecessor provider shall enter into an agreement with
respect to the matters set forth in subparagraphs (A) through
(D) of paragraph (1). If the parties have not entered into an
agreement with respect to all such matters within 60 days after
the date on which the replacing entity replaces the predecessor
provider, the parties shall select an arbitrator using the
procedures set forth in paragraph (2)(B), who shall, within 20
days after the commencement of the arbitration, conduct a
hearing and decide all unresolved issues. This decision shall
be final, binding, and conclusive upon the parties.
``(e) Inapplicability to Certain Rail Operations.--Nothing in this
section applies to--
``(1) commuter rail passenger transportation (as defined in
section 24102(4) of this title) operations of a State or local
government authority (as those terms are defined in section
5302(11) and (6), respectively, of this title) eligible to
receive financial assistance under section 5307 of this title,
or to its contractor performing services in connection with
commuter rail passenger operations (as so defined);
``(2) the Alaska Railroad or its contractors; or
``(3) the National Railroad Passenger Corporation's access
rights to railroad rights of way and facilities under current
law.''.
(b) Conforming Amendment.--The chapter analysis for subtitle V is
amended by inserting the following after the item relating to chapter
243:
``244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL 24401''.
ASSISTANCE.
SEC. 302. STATE RAIL PLANS.
(a) In General.--Part B of subtitle V is amended by adding at the
end the following:
``CHAPTER 225--STATE RAIL PLANS AND HIGH PRIORITY PROJECTS
``Sec.
``22501. Definitions.
``22502. Authority.
``22503. Purposes.
``22504. Transparency; coordination; review.
``22505. Content.
``22506. Review.
``Sec. 22501. Definitions
``In this chapter:
``(1) Private benefit.--
``(A) In general.--The term `private benefit'--
``(i) means a benefit accrued to a person
or private entity, other than the National
Railroad Passenger Corporation, that directly
improves the economic and competitive condition
of that person or entity through improved
assets, cost reductions, service improvements,
or any other means as defined by the Secretary;
and
``(ii) shall be determined on a project-by-
project basis, based upon an agreement between
the parties.
``(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in further
defining this term.
``(2) Public benefit.--
``(A) In general.--The term `public benefit'--
``(i) means a benefit accrued to the public
in the form of enhanced mobility of people or
goods, environmental protection or enhancement,
congestion mitigation, enhanced trade and
economic development, improved air quality or
land use, more efficient energy use, enhanced
public safety, reduction of public expenditures
due to improved transportation efficiency or
infrastructure preservation, and any other
positive community effects as defined by the
Secretary; and
``(ii) shall be determined on a project-by-
project basis, based upon an agreement between
the parties.
``(B) Consultation.--The Secretary may seek the
advice of the States and rail carriers in further
defining this term.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.
``(4) State rail transportation authority.--The term `State
rail transportation authority' means the State agency or
official responsible under the direction of the Governor of the
State or a State law for preparation, maintenance,
coordination, and administration of the State rail plan.
``Sec. 22502. Authority
``(a) In General.--Each State may prepare and maintain a State rail
plan in accordance with the provisions of this chapter.
``(b) Requirements.--For the preparation and periodic revision of a
State rail plan, a State shall--
``(1) establish or designate a State rail transportation
authority to prepare, maintain, coordinate, and administer the
plan;
``(2) establish or designate a State rail plan approval
authority to approve the plan;
``(3) submit the State's approved plan to the Secretary of
Transportation for review; and
``(4) revise and resubmit a State-approved plan no less
frequently than once every 5 years for reapproval by the
Secretary.
``Sec. 22503. Purposes
``(a) Purposes.--The purposes of a State rail plan are as follows:
``(1) To set forth State policy involving freight and
passenger rail transportation, including commuter rail
operations, in the State.
``(2) To establish the period covered by the State rail
plan.
``(3) To present priorities and strategies to enhance rail
service in the State that benefits the public.
``(4) To serve as the basis for Federal and State rail
investments within the State.
``(b) Coordination.--A State rail plan shall be coordinated with
other State transportation planning goals and programs and set forth
rail transportation's role within the State transportation system.
``Sec. 22504. Transparency; coordination; review
``(a) Preparation.--A State shall provide adequate and reasonable
notice and opportunity for comment and other input to the public, rail
carriers, commuter and transit authorities operating in, or affected by
rail operations within the State, units of local government, and other
interested parties in the preparation and review of its State rail
plan.
``(b) Intergovernmental Coordination.--A State shall review the
freight and passenger rail service activities and initiatives by
regional planning agencies, regional transportation authorities, and
municipalities within the State, or in the region in which the State is
located, while preparing the plan, and shall include any
recommendations made by such agencies, authorities, and municipalities
as deemed appropriate by the State.
``Sec. 22505. Content
``(a) In General.--Each State rail plan shall contain the
following:
``(1) An inventory of the existing overall rail
transportation system and rail services and facilities within
the State and an analysis of the role of rail transportation
within the State's surface transportation system.
``(2) A review of all rail lines within the State,
including proposed high-speed rail corridors and significant
rail line segments not currently in service.
``(3) A statement of the State's passenger rail service
objectives, including minimum service levels, for rail
transportation routes in the State.
``(4) A general analysis of rail's transportation,
economic, and environmental impacts in the State, including
congestion mitigation, trade and economic development, air
quality, land-use, energy-use, and community impacts.
``(5) A long-range rail investment program for current and
future freight and passenger infrastructure in the State that
meets the requirements of subsection (b).
``(6) A statement of public financing issues for rail
projects and service in the State, including a list of current
and prospective public capital and operating funding resources,
public subsidies, State taxation, and other financial policies
relating to rail infrastructure development.
``(7) An identification of rail infrastructure issues
within the State that reflects consultation with all relevant
stake holders.
``(8) A review of major passenger and freight intermodal
rail connections and facilities within the State, including
seaports, and prioritized options to maximize service
integration and efficiency between rail and other modes of
transportation within the State.
``(9) A review of publicly funded projects within the State
to improve rail transportation safety, including all major
projects funded under section 130 of title 23.
``(10) A performance evaluation of passenger rail services
operating in the State, including possible improvements in
those services, and a description of strategies to achieve
those improvements.
``(11) A compilation of studies and reports on high-speed
rail corridor development within the State not included in a
previous plan under this chapter, and a plan for funding any
recommended development of such corridors in the State.
``(12) A statement that the State is in compliance with the
requirements of section 22102.
``(b) Long-Range Service and Investment Program.--
``(1) Program content.--A long-range rail investment
program included in a State rail plan under subsection (a)(5)
shall include the following matters:
``(A) A list of any rail capital projects expected
to be undertaken or supported in whole or in part by
the State.
``(B) A detailed funding plan for those projects.
``(2) Project list content.--The list of rail capital
projects shall contain--
``(A) a description of the anticipated public and
private benefits of each such project; and
``(B) a statement of the correlation between--
``(i) public funding contributions for the
projects; and
``(ii) the public benefits.
``(3) Considerations for project list.--In preparing the
list of freight and intercity passenger rail capital projects,
a State rail transportation authority should take into
consideration the following matters:
``(A) Contributions made by non-Federal and non-
State sources through user fees, matching funds, or
other private capital involvement.
``(B) Rail capacity and congestion effects.
``(C) Effects on highway, aviation, and maritime
capacity, congestion, or safety.
``(D) Regional balance.
``(E) Environmental impact.
``(F) Economic and employment impacts.
``(G) Projected ridership and other service
measures for passenger rail projects.
``Sec. 22506. Review
``The Secretary shall prescribe procedures for States to submit
State rail plans for review under this title, including standardized
format and data requirements. State rail plans completed before the
date of enactment of the Passenger Rail Investment and Improvement Act
of 2008 that substantially meet the requirements of this chapter, as
determined by the Secretary, shall be deemed by the Secretary to have
met the requirements of this chapter.''.
(b) Conforming Amendment.--The chapter analysis for subtitle V is
amended by inserting the following after the item relating to chapter
223:
``225. STATE RAIL PLANS AND HIGH PRIORITY PROJECTS.......... 22501''.
SEC. 303. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL.
(a) In General.--Within 180 days after the date of enactment of
this Act, Amtrak shall establish a Next Generation Corridor Equipment
Pool Committee, comprised of representatives of Amtrak, the Federal
Railroad Administration, host freight railroad companies, passenger
railroad equipment manufacturers, and other passenger railroad
operators as appropriate and interested States. The purpose of the
Committee shall be to design, develop specifications for, and procure
standardized next-generation corridor equipment.
(b) Functions.--The Committee may--
(1) determine the number of different types of equipment
required, taking into account variations in operational needs
and corridor infrastructure;
(2) establish a pool of equipment to be used on corridor
routes funded by participating States; and
(3) subject to agreements between Amtrak and States,
utilize services provided by Amtrak to design, maintain and
remanufacture equipment.
(c) Cooperative Agreements.--Amtrak and States participating in the
Committee may enter into agreements for the funding, procurement,
remanufacture, ownership and management of corridor equipment,
including equipment currently owned or leased by Amtrak and next-
generation corridor equipment acquired as a result of the Committee's
actions, and may establish a corporation, which may be owned or jointly
owned by Amtrak, participating States or other entities, to perform
these functions.
(d) Funding.--In addition to the authorization provided in section
103(2) of this Act, capital projects to carry out the purposes of this
section shall be eligible for grants made pursuant to chapter 244 of
title 49, United States Code.
SEC. 304. RAIL COOPERATIVE RESEARCH PROGRAM.
(a) Establishment and Content.--Chapter 249 is amended by adding at
the end the following:
``Sec. 24910. Rail cooperative research program
``(a) In General.--The Secretary shall establish and carry out a
rail cooperative research program. The program shall--
``(1) address, among other matters, intercity rail
passenger and freight rail services, including existing rail
passenger and freight technologies and speeds, incrementally
enhanced rail systems and infrastructure, and new high-speed
wheel-on-rail systems;
``(2) address ways to expand the transportation of
international trade traffic by rail, enhance the efficiency of
intermodal interchange at ports and other intermodal terminals,
and increase capacity and availability of rail service for
seasonal freight needs;
``(3) consider research on the interconnectedness of
commuter rail, passenger rail, freight rail, and other rail
networks; and
``(4) give consideration to regional concerns regarding
rail passenger and freight transportation, including meeting
research needs common to designated high-speed corridors, long-
distance rail services, and regional intercity rail corridors,
projects, and entities.
``(b) Content.--The program to be carried out under this section
shall include research designed--
``(1) to identify the unique aspects and attributes of rail
passenger and freight service;
``(2) to develop more accurate models for evaluating the
impact of rail passenger and freight service, including the
effects on highway and airport and airway congestion,
environmental quality, and energy consumption;
``(3) to develop a better understanding of modal choice as
it affects rail passenger and freight transportation, including
development of better models to predict utilization;
``(4) to recommend priorities for technology demonstration
and development;
``(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including any
recommendations made by the National Research Council;
``(6) to explore improvements in management, financing, and
institutional structures;
``(7) to address rail capacity constraints that affect
passenger and freight rail service through a wide variety of
options, ranging from operating improvements to dedicated new
infrastructure, taking into account the impact of such options
on operations;
``(8) to improve maintenance, operations, customer service,
or other aspects of intercity rail passenger and freight
service;
``(9) to recommend objective methodologies for determining
intercity passenger rail routes and services, including the
establishment of new routes, the elimination of existing
routes, and the contraction or expansion of services or
frequencies over such routes;
``(10) to review the impact of equipment and operational
safety standards on the further development of high-speed
passenger rail operations connected to or integrated with non-
high-speed freight or passenger rail operations;
``(11) to recommend any legislative or regulatory changes
necessary to foster further development and implementation of
high-speed passenger rail operations while ensuring the safety
of such operations that are connected to or integrated with
non-high-speed freight or passenger rail operations; and
``(12) to review rail crossing safety improvements,
including improvements using new safety technology.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the heads of
appropriate Federal departments and agencies, the Secretary
shall establish an advisory board to recommend research,
technology, and technology transfer activities related to rail
passenger and freight transportation.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation
agencies;
``(B) transportation and environmental economists,
scientists, and engineers; and
``(C) representatives of Amtrak, the Alaska
Railroad, freight railroads, transit operating
agencies, intercity rail passenger agencies, railway
labor organizations, and environmental organizations.
``(d) National Academy of Sciences.--The Secretary may make grants
to, and enter into cooperative agreements with, the National Academy of
Sciences to carry out such activities relating to the research,
technology, and technology transfer activities described in subsection
(b) as the Secretary deems appropriate.''.
(b) Clerical Amendment.--The chapter analysis for chapter 249 is
amended by adding at the end the following:
``24910. Rail cooperative research program.''.
SEC. 305. PASSENGER RAIL SYSTEM COMPARISON STUDY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete a study that compares the passenger rail system in the
United States with the passenger rail systems in Canada, Germany, Great
Britain, France, China, Spain, and Japan.
(b) Issues To Be Studied.--The study conducted under subsection (a)
shall include a country-by-country comparison of--
(1) the development of high-speed rail;
(2) passenger rail operating costs;
(3) the amount and payment source of rail line construction
and maintenance costs;
(4) the amount and payment source of station construction
and maintenance costs;
(5) passenger rail debt service costs;
(6) passenger rail labor agreements and associated costs;
(7) the net profit realized by the major passenger rail
service providers in each of the 4 most recent quarters;
(8) the percentage of the passenger rail system's costs
that are paid from general government revenues; and
(9) the method used by the government to provide the
subsidies described in paragraph (8).
(c) Report.--Not later than 180 days after the completion of the
study under subsection (a), the Comptroller General shall submit a
report containing the findings of such study to--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation
of the Senate.
TITLE IV--COMMUTER RAIL TRANSIT ENHANCEMENT
SEC. 401. COMMUTER RAIL TRANSIT ENHANCEMENT.
(a) Amendment.--Part E of subtitle V is amended by adding at the
end the following:
``CHAPTER 285--COMMUTER RAIL TRANSIT ENHANCEMENT
``Sec.
``28501. Definitions
``28502. Surface Transportation Board mediation of trackage use
requests.
``28503. Surface Transportation Board mediation of rights-of-way use
requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.
``Sec. 28501. Definitions
``In this chapter--
``(1) the term `Board' means the Surface Transportation
Board;
``(2) the term `capital work' means maintenance,
restoration, reconstruction, capacity enhancement, or
rehabilitation work on trackage that would be treated, in
accordance with generally accepted accounting principles, as a
capital item rather than an expense;
``(3) the term `fixed guideway transportation' means public
transportation (as defined in section 5302(a)(10)) provided on,
by, or using a fixed guideway (as defined in section
5302(a)(4));
``(4) the term `public transportation authority' means a
local governmental authority (as defined in section 5302(a)(6))
established to provide, or make a contract providing for, fixed
guideway transportation;
``(5) the term `rail carrier' means a person, other than a
governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction of
the Board under chapter 105;
``(6) the term `segregated fixed guideway facility' means a
fixed guideway facility constructed within the railroad right-
of-way of a rail carrier but physically separate from trackage,
including relocated trackage, within the right-of-way used by a
rail carrier for freight transportation purposes; and
``(7) the term `trackage' means a railroad line of a rail
carrier, including a spur, industrial, team, switching, side,
yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Surface Transportation Board mediation of trackage use
requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
use trackage of, and have related services provided by, the rail
carrier for purposes of fixed guideway transportation, the public
transportation authority or the rail carrier may apply to the Board for
nonbinding mediation. The Board shall conduct the nonbinding mediation
in accordance with the mediation process of section 1109.4 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this section.
``Sec. 28503. Surface Transportation Board mediation of rights-of-way
use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
acquire an interest in a railroad right-of-way for the construction and
operation of a segregated fixed guideway facility, the public
transportation authority or the rail carrier may apply to the Board for
nonbinding mediation. The Board shall conduct the nonbinding mediation
in accordance with the mediation process of section 1109.4 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this section.
``Sec. 28504. Applicability of other laws
``Nothing in this chapter shall be construed to limit a rail
transportation provider's right under section 28103(b) to enter into
contracts that allocate financial responsibility for claims.
``Sec. 28505. Rules and regulations
``Not later than 180 days after the date of enactment of this
section, the Board shall issue such rules and regulations as may be
necessary to carry out this chapter.''.
(b) Clerical Amendment.--The table of chapters of such subtitle is
amended by adding after the item relating to chapter 283 the following:
``285. COMMUTER RAIL TRANSIT ENHANCEMENT.................... 28501''.
TITLE V--HIGH-SPEED RAIL
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM.
(a) In General.--Chapter 261 is amended by adding at the end
thereof the following:
``Sec. 26106. High-speed rail corridor program
``(a) In General.--The Secretary of Transportation shall establish
and implement a high-speed rail corridor program.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Applicant.--The term `applicant' means a State, a
group of States, an Interstate Compact, a public agency
established by one or more States and having responsibility for
providing high-speed rail service, or Amtrak.
``(2) Corridor.--The term `corridor' means a corridor
designated by the Secretary pursuant to section 104(d)(2) of
title 23.
``(3) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under chapter
225 of this title for acquiring, constructing, improving, or
inspecting equipment, track, and track structures, or a
facility of use in or for the primary benefit of high-speed
rail service, expenses incidental to the acquisition or
construction (including designing, engineering, location
surveying, mapping, environmental studies, and acquiring
rights-of-way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade crossing
improvements related to high-speed rail service, mitigating
environmental impacts, communication and signalization
improvements, relocation assistance, acquiring replacement
housing sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing.
``(4) High-speed rail.--The term `high-speed rail' means
intercity passenger rail service that is reasonably expected to
reach speeds of at least 110 miles per hour.
``(5) Intercity passenger rail service.--The term
`intercity passenger rail service' means transportation
services with the primary purpose of passenger transportation
between towns, cities, and metropolitan areas by rail,
including high-speed rail, as defined in section 24102 of this
title.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) State.--The term `State' means any of the 50 States
or the District of Columbia.
``(c) General Authority.--The Secretary may make grants under this
section to an applicant to finance capital projects in high-speed rail
corridors.
``(d) Applications.--Each applicant seeking to receive a grant
under this section to develop a high-speed rail corridor shall submit
to the Secretary an application in such form and in accordance with
such requirements as the Secretary shall establish.
``(e) Competitive Grant Selection and Criteria for Grants.--
``(1) In general.--The Secretary shall--
``(A) establish criteria for selecting among
projects that meet the criteria specified in paragraph
(2);
``(B) conduct a national solicitation for
applications; and
``(C) award grants on a competitive basis.
``(2) Grant criteria.--The Secretary may approve a grant
under this section for a project only if the Secretary
determines that the project--
``(A) is part of a State rail plan developed under
chapter 225 of this title, or under the plan required
by section 302 of the Passenger Rail Investment and
Improvement Act of 2008;
``(B) is based on the results of preliminary
engineering;
``(C) has the legal, financial, and technical
capacity to carry out the project; and
``(D) is justified based on the ability of the
project--
``(i) to generate national economic
benefits, including creating jobs, expanding
business opportunities, and impacting the gross
domestic product;
``(ii) to increase mobility of United
States citizens and reduce congestion,
including impacts in the State, region, and
Nation; and
``(iii) to otherwise enhance the national
transportation system.
``(3) Project selection criteria.--In selecting a project
under this section, the Secretary shall consider the extent to
which the project--
``(A) makes a substantial contribution to providing
the infrastructure and equipment required to complete a
high-speed rail corridor;
``(B) leverages Federal investment by encouraging
non-Federal financial commitments, including evidence
of stable and dependable financing sources to
construct, maintain, and operate the high-speed rail
corridor and service; and
``(C) helps protect the environment.
``(f) Federal Share.--The Federal share of the cost of a project
financed under this section shall not exceed 80 percent of the project
net capital cost.
``(g) Issuance of Regulations.--Not later than 1 year after the
date of enactment of this section, the Secretary shall issue
regulations for carrying out this section.
``(h) Authorization.--There are authorized to be appropriated to
the Secretary to carry out this section $350,000,000 for each of fiscal
years 2009 through 2013.''.
(b) Table of Sections Amendment.--The table of sections for chapter
261 is amended by adding after the item relating to section 26105 the
following new item:
``26106. High-speed rail corridor program.''.
SEC. 502. ADDITIONAL HIGH-SPEED PROJECTS.
(a) Solicitation of Proposals.--
(1) In general.--
(A) Northeast corridor.--Not later than 60 days
after the date of enactment of this Act, the Secretary
of Transportation shall issue a request for proposals
for projects for the financing, design, construction,
and operation of an initial high-speed rail system
operating between Washington, DC, and New York City.
Such proposals shall be submitted to the Secretary not
later than 150 days after the publication of such
request for proposals.
(B) Other projects.--After a report is transmitted
under subsection (e) with respect to projects described
in subparagraph (A), the Secretary of Transportation
may issue a request for proposals for additional
projects for the financing, design, construction, and
operation of a high-speed rail system operating on any
other corridor in the United States. Such proposals
shall be submitted to the Secretary not later than 150
days after the publication of such request for
proposals.
(2) Contents.--A proposal submitted under paragraph (1)
shall include--
(A) the names and qualifications of the persons
submitting the proposal;
(B) a detailed description of the proposed route
and its engineering characteristics and of all
infrastructure improvements required to achieve the
planned operating speeds and trip times;
(C) how the project would comply with Federal rail
safety regulations which govern the track and equipment
safety requirements for high-speed rail operations;
(D) the peak and average operating speeds to be
attained;
(E) the type of equipment to be used, including any
technologies for--
(i) maintaining an operating speed the
Secretary determines appropriate; or
(ii) in the case of a proposal submitted
under paragraph (1)(A), achieving less than 2-
hour express service between Washington, DC,
and New York City;
(F) the locations of proposed stations;
(G) a detailed description of any proposed
legislation needed to facilitate the project;
(H) a financing plan identifying--
(i) sources of revenue;
(ii) the amount of any proposed public
contribution toward capital costs or
operations;
(iii) ridership projections;
(iv) the amount of private investment;
(v) projected revenue;
(vi) annual operating and capital costs;
(vii) the amount of projected capital
investments required (both initially and in
subsequent years to maintain a state of good
repair); and
(viii) the sources of the private
investment required, including the identity of
any person or entity that has made or is
expected to make a commitment to provide or
secure funding and the amount of such
commitment;
(I) a description of how the project would
contribute to the development of a national high-speed
rail system, and an intermodal plan describing how the
system will connect with other transportation links;
(J) labor protections that would comply with the
requirements of section 504;
(K) provisions to ensure that the proposal will be
designed to operate in harmony with existing and
projected future intercity, commuter, and freight
service;
(L) provisions for full fair market compensation
for any asset, property right or interest, or service
acquired from, owned, or held by a private person or
non-Federal entity that would be acquired, impaired, or
diminished in value as a result of a project, except as
otherwise agreed to by the private person or entity;
and
(M) a detailed description of the environmental
impacts of the project, and how any adverse impacts
would be mitigated.
(3) Documents.--Documents submitted or developed pursuant
to this subsection shall not be subject to section 552 of title
5, United States Code.
(b) Determination of Cost Effectiveness and Establishment of
Commissions.--Not later than 60 days after receipt of a proposal under
subsection (a), the Secretary of Transportation shall--
(1) make a determination as to whether the proposal is cost
effective; and
(2) for each corridor for which one or more cost effective
proposals are received, establish a commission under subsection
(c).
(c) Commissions.--
(1) Members.--The commission referred to in subsection
(b)(2) shall consist of--
(A) the governor of the affected State or States,
or their respective designees;
(B) a rail labor representative, a representative
from a rail freight carrier using the relevant
corridor, and a commuter authority using the relevant
corridor, appointed by the Secretary of Transportation,
in consultation with the chairman and ranking minority
member of the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate;
(C) the Secretary of Transportation or his
designee;
(D) the president of Amtrak or his designee; and
(E) the mayors of the three largest municipalities
serviced by the proposed high-speed rail corridor.
(2) Chairperson and vice-chairperson selection.--The
Chairperson and Vice Chairperson shall be elected from among
members of the Commission.
(3) Quorum and vacancy.--
(A) Quorum.--A majority of the members of the
Commission shall constitute a quorum.
(B) Vacancy.--Any vacancy in the Commission shall
not affect its powers and shall be filled in the same
manner in which the original appointment was made.
(d) Commission Consideration.--
(1) In general.--Each commission established under
subsection (b)(2) shall be responsible for reviewing the
proposal or proposals with respect to which the commission was
established, and not later than 90 days after the establishment
of the commission, shall transmit to the Secretary, and to the
chairman and ranking minority member of the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a report which includes--
(A) a summary of each proposal received;
(B) a ranking of the order of the proposals
according to cost effectiveness, advantages over
existing services, projected revenue, and cost and
benefit to the public and private parties;
(C) an indication of which proposal or proposals
are recommended by the commission; and
(D) an identification of any proposed legislative
provisions which would facilitate implementation of the
recommended project.
(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission to
explain their proposals.
(e) Selection by Secretary.--Not later than 60 days after receiving
a report from a commission under subsection (d)(1), the Secretary of
Transportation shall transmit to the Congress a report that ranks all
of the recommended proposals according to cost effectiveness,
advantages over existing services, projected revenue, and cost and
benefit to the public and private parties.
(f) Northeast Corridor Economic Development Study.--Not later than
9 months after the date of enactment of this Act, the Secretary of
Transportation shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the results of an
economic development study of Amtrak's Northeast Corridor service
between Washington, DC, and New York City. Such study shall examine how
to achieve maximum utilization of the Northeast Corridor as a
transportation asset, including--
(1) maximizing the assets of the Northeast Corridor for
potential economic development purposes;
(2) real estate improvement and financial return;
(3) improved intercity, commuter, and freight services;
(4) optimum utility utilization in conjunction with
potential separated high-speed rail passenger services; and
(5) any other means of maximizing the economic potential of
the Northeast Corridor.
SEC. 503. HIGH-SPEED RAIL STUDY.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall conduct--
(1) an alternatives analysis of the Secretary's December 1,
1998, extension of the designation of the Southeast High-Speed
Rail Corridor as authorized under section 104(d)(2) of title
23, United States Code; and
(2) a feasibility analysis regarding the expansion of the
South Central High-Speed Rail Corridor to the Port of Houston,
Texas.
These analyses shall consider changes that have occurred in the
region's population, anticipated patterns of population growth,
connectivity with other modes of transportation, ability of the
designation to reduce regional traffic congestion, and the ability of
current and proposed routings to meet the needs of tourists. The
Secretary shall submit recommendations to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
and conduct a redesignation of one or both corridors if necessary.
SEC. 504. GRANT CONDITIONS.
(a) Domestic Buying Preference.--
(1) Requirement.--
(A) In general.--In carrying out a project funded
in whole or in part with a grant under this title, or
the amendments made by this title, the grant recipient
shall purchase only--
(i) unmanufactured articles, material, and
supplies mined or produced in the United
States; or
(ii) manufactured articles, material, and
supplies manufactured in the United States
substantially from articles, material, and
supplies mined, produced, or manufactured in
the United States.
(B) De minimis amount.--Subparagraph (A) applies
only to a purchase in an total amount that is not less
than $1,000,000.
(2) Exemptions.--On application of a recipient, the
Secretary may exempt a recipient from the requirements of this
subsection if the Secretary decides that, for particular
articles, material, or supplies--
(A) such requirements are inconsistent with the
public interest;
(B) the cost of imposing the requirements is
unreasonable; or
(C) the articles, material, or supplies, or the
articles, material, or supplies from which they are
manufactured, are not mined, produced, or manufactured
in the United States in sufficient and reasonably
available commercial quantities and are not of a
satisfactory quality.
(3) United states defined.--In this subsection, the term
``the United States'' means the States, territories, and
possessions of the United States and the District of Columbia.
(b) Operators Deemed Rail Carriers and Employers for Certain
Purposes.--A person that conducts rail operations over rail
infrastructure constructed or improved with funding provided in whole
or in part in a grant made under this title, or the amendments made by
this title, shall be considered a rail carrier as defined in section
10102(5) of title 49, United States Code, for purposes of this title
and any other statute that adopts that definition or in which that
definition applies, including--
(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.);
(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
(3) the Railroad Unemployment Insurance Act (45 U.S.C. 351
et seq.).
(c) Grant Conditions.--The Secretary shall require as a condition
of making any grant under this title, or the amendments made by this
title, for a project that uses rights-of-way owned by a railroad that--
(1) a written agreement exist between the applicant and the
railroad regarding such use and ownership, including--
(A) any compensation for such use;
(B) assurances regarding the adequacy of
infrastructure capacity to accommodate both existing
and future freight and passenger operations;
(C) an assurance by the railroad that collective
bargaining agreements with the railroad's employees
(including terms regulating the contracting of work)
will remain in full force and effect according to their
terms for work performed by the railroad on the
railroad transportation corridor; and
(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of
title 49, United States Code; and
(2) the applicant agrees to comply with--
(A) the standards of section 24312 of title 49,
United States Code, as such section was in effect on
September 1, 2003, with respect to the project in the
same manner that the National Railroad Passenger
Corporation is required to comply with those standards
for construction work financed under an agreement made
under section 24308(a) of title 49, United States Code;
and
(B) the protective arrangements established under
section 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 836) with
respect to employees affected by actions taken in
connection with the project to be financed in whole or
in part by grants under this chapter.
(d) Replacement of Existing Intercity Passenger Rail Service.--
(1) Collective bargaining agreement for intercity passenger
rail projects.--Any entity providing intercity passenger
railroad transportation that begins operations after the date
of enactment of this Act on a project funded in whole or in
part by grants made under this title, or the amendments made by
this title, and replaces intercity rail passenger service that
was provided by Amtrak, unless such service was provided solely
by Amtrak to another entity, as of such date shall enter into
an agreement with the authorized bargaining agent or agents for
adversely affected employees of the predecessor provider that--
(A) gives each such qualified employee of the
predecessor provider priority in hiring according to
the employee's seniority on the predecessor provider
for each position with the replacing entity that is in
the employee's craft or class and is available within 3
years after the termination of the service being
replaced;
(B) establishes a procedure for notifying such an
employee of such positions;
(C) establishes a procedure for such an employee to
apply for such positions; and
(D) establishes rates of pay, rules, and working
conditions.
(2) Immediate replacement service.--
(A) Negotiations.--If the replacement of
preexisting intercity rail passenger service occurs
concurrent with or within a reasonable time before the
commencement of the replacing entity's rail passenger
service, the replacing entity shall give written notice
of its plan to replace existing rail passenger service
to the authorized collective bargaining agent or agents
for the potentially adversely affected employees of the
predecessor provider at least 90 days before the date
on which it plans to commence service. Within 5 days
after the date of receipt of such written notice,
negotiations between the replacing entity and the
collective bargaining agent or agents for the employees
of the predecessor provider shall commence for the
purpose of reaching agreement with respect to all
matters set forth in subparagraphs (A) through (D) of
paragraph (1). The negotiations shall continue for 30
days or until an agreement is reached, whichever is
sooner. If at the end of 30 days the parties have not
entered into an agreement with respect to all such
matters, the unresolved issues shall be submitted for
arbitration in accordance with the procedure set forth
in subparagraph (B).
(B) Arbitration.--If an agreement has not been
entered into with respect to all matters set forth in
subparagraphs (A) through (D) of paragraph (1) as
described in subparagraph (A) of this paragraph, the
parties shall select an arbitrator. If the parties are
unable to agree upon the selection of such arbitrator
within 5 days, either or both parties shall notify the
National Mediation Board, which shall provide a list of
seven arbitrators with experience in arbitrating rail
labor protection disputes. Within 5 days after such
notification, the parties shall alternately strike
names from the list until only 1 name remains, and that
person shall serve as the neutral arbitrator. Within 45
days after selection of the arbitrator, the arbitrator
shall conduct a hearing on the dispute and shall render
a decision with respect to the unresolved issues among
the matters set forth in subparagraphs (A) through (D)
of paragraph (1). This decision shall be final,
binding, and conclusive upon the parties. The salary
and expenses of the arbitrator shall be borne equally
by the parties; all other expenses shall be paid by the
party incurring them.
(3) Service commencement.--A replacing entity under this
subsection shall commence service only after an agreement is
entered into with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1) or the decision
of the arbitrator has been rendered.
(4) Subsequent replacement of service.--If the replacement
of existing rail passenger service takes place within 3 years
after the replacing entity commences intercity passenger rail
service, the replacing entity and the collective bargaining
agent or agents for the adversely affected employees of the
predecessor provider shall enter into an agreement with respect
to the matters set forth in subparagraphs (A) through (D) of
paragraph (1). If the parties have not entered into an
agreement with respect to all such matters within 60 days after
the date on which the replacing entity replaces the predecessor
provider, the parties shall select an arbitrator using the
procedures set forth in paragraph (2)(B), who shall, within 20
days after the commencement of the arbitration, conduct a
hearing and decide all unresolved issues. This decision shall
be final, binding, and conclusive upon the parties.
(e) Inapplicability to Certain Rail Operations.--Nothing in this
section applies to--
(1) commuter rail passenger transportation (as defined in
section 24102(4) of title 49, United States Code) operations of
a State or local government authority (as those terms are
defined in section 5302(11) and (6), respectively, of title 49,
United States Code) eligible to receive financial assistance
under section 5307 of title 49, United States Code, or to its
contractor performing services in connection with commuter rail
passenger operations (as so defined);
(2) the Alaska Railroad or its contractors; or
(3) the National Railroad Passenger Corporation's access
rights to railroad rights of way and facilities under current
law.
Union Calendar No. 434
110th CONGRESS
2d Session
H. R. 6003
[Report No. 110-690]
_______________________________________________________________________
A BILL
To reauthorize Amtrak, and for other purposes.
_______________________________________________________________________
June 5, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed