Detailed Summary

Passenger Rail Investment and Improvement Act of 2007 - <b>Title I: Authorizations - </b>(Sec. 101) Authorizes appropriations for FY2007-FY2012 for: (1) Amtrak capital and operating grants, including capital grants to states; (2) the Federal Railroad Administration (FRA); (3) Amtrak repayment of long-term debt and capital leases; (4) payment into the Railroad Retirement Account that portion of Amtrak's Railroad Retirement Tier II Tax which exceeds the Tier II annuities paid to Amtrak retirees; and (5) the rail cooperative research program. Authorizes appropriations for FY2008 for: (1) grants to Amtrak and states participating in the Next Generation Corridor Train Equipment Pool Committee; and (2) Amtrak to evaluate improvements necessary to make all existing intercity rail stations readily accessible to and usable by individuals with disabilities.

Authorizes the Secretary of Transportation (Secretary) to withhold up to one-half of 1% of certain funds for the costs of project management oversight of capital projects carried out by Amtrak.

(Sec. 103) Authorizes appropriations for costs associated with Amtrak early buyouts.

<b>Title II: Amtrak Reform and Operational Improvements - </b>Amends federal transportation law to make certain Amtrak reforms and operational improvements.

(Sec. 201) Defines the national rail passenger transportation system as: (1) Amtrak's Boston-Washington Northeast Corridor; (2) high-speed corridors designated by the Secretary once they have been improved for high-speed service; (3) long-distance routes (of greater than 750 miles) operated on the date of enactment of this Act; and (4) short-distance routes operated by Amtrak or a non-Amtrak recipient of federal capital assistance.

Authorizes Amtrak and a state to agree on the operation of an intercity route or service not included in the national rail transportation system.

Declares that this Act does not preclude Amtrak from restoring, improving, or developing non-high-speed intercity passenger rail service.

(Sec. 202) Replaces the Amtrak Reform Board with a reconstituted Board of Directors of Amtrak, with revised composition requirements.

(Sec. 203) Authorizes the Amtrak Board of Directors to employ an independent financial consultant with experience in railroad accounting to assist Amtrak in improving Amtrak's financial accounting and reporting system and practices.

Requires the Amtrak Board to: (1) implement a modern financial accounting and reporting system that will produce accurate and timely financial information; and (2) develop a five-year financial plan.

(Sec. 205) Directs the Secretary to establish substantive and procedural requirements for grant requests, including a 30-day approval process.

(Sec. 206) Directs the Amtrak Board to develop and implement methodologies for allocating train route operating and capital costs among states and Amtrak.

(Sec. 207) Directs the FRA to obtain the services of an independent auditor or consultant to develop and recommend objective methodologies for intercity passenger routes and services. Authorizes appropriations.

(Sec. 208) Requires the FRA Administrator and Amtrak jointly to develop new or improve existing metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations.

(Sec. 209) Authorizes the Surface Transportation Board (STB) to: (1) investigate the causes of any passenger train performance of under 80% for any two consecutive calendar quarters; (2) determine if delays or failure to achieve minimum standards can be attributed to a rail carrier's failure to prefer Amtrak over freight transportation; and (3) assess damages upon a host rail carrier for such delays or failures. Allows Amtrak, an intercity passenger rail operator, freight railroads that host Amtrak trains, or an entity (state) for which Amtrak operates intercity passenger rail service to petition the STB directly for an investigation of such delays or failures.

(Sec. 210) Requires Amtrak to evaluate the financial and operating performance of long distance passenger rail routes, and develop and publish a performance improvement plan.

(Sec. 211) Directs the FRA to establish an alternative passenger rail service program under which a rail carrier or carriers that own a route over which Amtrak operates may petition FRA to become a passenger rail carrier for that route in lieu of Amtrak.

(Sec. 212) Directs the Secretary to develop an employee transition assistance program for Amtrak employees adversely affected by the cessation of a long distance or any other route previously operated by Amtrak. Authorizes appropriations.

(Sec. 213) Requires Amtrak to develop a Northeast Corridor state-of-good-repair plan.

(Sec. 214) Directs the Secretary to establish a Northeast Corridor Infrastructure and Operations Advisory Commission and a Northeast Corridor Safety and Security Committee.

Requires Amtrak and the Rhode Island Department of Transportation (RIDOT) to agree by no later than December 15, 2007, on access fees and other charges to be charged for RIDOT's operation of the South County commuter rail service on the Northeast Corridor between Providence and Wickford Junction, Rhode Island.

(Sec. 215) Authorizes the Secretary of the Treasury to make agreements to restructure Amtrak's long-term debt and capital leases.

(Sec. 216) Directs Amtrak to evaluate improvements necessary to make all existing intercity rail stations readily accessible to and usable by individuals with disabilities.

(Sec. 217) Encourages the Amtrak Board to develop an incentive pay program for Amtrak management employees.

(Sec. 218) Permits a state to 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.

(Sec. 219) Repeals Amtrak self-sufficiency requirements.

Authorizes the Secretary and other federal agencies to establish facilities and procedures to conduct preclearance of passengers on Amtrak trains entering the United States from Canada.

(Sec. 220) Encourages Amtrak to increase its operation of trains funded by the private sector to minimize the need for federal subsidies.

(Sec. 221) Requires Amtrak to develop and implement a plan to improve on-board service.

(Sec. 222) Directs the Inspector General of the Department of Transportation (DOT) to assess progress made by Amtrak management and the DOT in implementing this Act.

(Sec. 223) Requires the FRA to conduct a study, and report the results to Congress, on the extent to which Amtrak could use biodiesel fuel blends to power its fleet of locomotives.

<b>Title III: Intercity Passenger Rail Policy - </b>(Sec. 301) Authorizes the Secretary to make grants, meeting specified requirements, to an applicant state, group of states, Interstate Compact, or public agency to assist in financing the capital costs of facilities and equipment necessary to provide intercity passenger rail transportation.

(Sec. 302) Authorizes states to prepare and maintain a state rail plan that: (1) sets forth state policy involving freight and passenger rail transportation (including commuter rail operations); and (2) includes a long-range rail investment program. Requires the Secretary to prescribe procedures for the review of state rail plans.

(Sec. 303) Directs Amtrak to establish a Next Generation Corridor Equipment Pool Committee to design, develop specifications for, and procure standardized next-generation corridor equipment.

(Sec. 304) Sets forth additional duties of the FRA Administrator, including to provide assistance to states in developing state rail plans, and to develop a long-range national rail plan. Requires the Administrator to develop a schedule for achieving specific, measurable performance goals.

(Sec. 305) Directs the Secretary to establish a rail cooperative research program to address intercity rail passenger and freight rail services, including ways to expand the transportation of international trade traffic, enhance the efficiency of intermodal interchange at ports and other intermodal terminals, and increase availability of rail service for seasonal freight needs. Directs the Secretary to establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger and freight transportation.

<b>Title IV: Improved Rail Security - </b>(Sec. 402) Directs the Secretary of Homeland Security of the Department of Homeland Security (DHS), including the Transportation Security Administration (TSA), DOT, and other appropriate agencies, to establish a task force to complete a risk assessment of freight and passenger rail transportation. Requires the Secretary of Homeland Security, based on the assessment, to develop specific prioritized recommendations for improving rail security. Requires the development of plans for: (1) the federal government to provide adequate security support for freight and intercity passenger railroads at high threat levels of alert; (2) coordinating existing and planned rail security initiatives undertaken by the public and private sectors; and (3) the continued movement of freight and passengers in the event of an attack against the railroad system. Requires the Secretary of Homeland Security to submit to Congress a report containing the assessment, prioritized recommendations, and plans, including an estimate of the cost to implement such recommendations. Earmarks certain funds for FY2008 to carry out this section.

(Sec. 403) Authorizes the Secretary of Homeland Security to make grants to Amtrak for certain systemwide security upgrades. Requires that the award of such grants be for projects contained in an approved systemwide security plan that includes measures to address security awareness, emergency response, and passenger evacuation training, and that is consistent with state security plans. Authorizes appropriations for FY2008-FY2010.

(Sec. 404) Authorizes the Secretary to make grants to Amtrak for certain fire and life-safety improvements and infrastructure upgrades to Amtrak tunnels on the Northeast Corridor. Authorizes appropriations for FY2008-FY2011. Earmarks an amount for FY2008 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels. Prohibits the Secretary from making funds available to Amtrak for such upgrades until Amtrak has submitted, and the Secretary has approved, an engineering and financial plan and a project management plan.

(Sec. 405) Authorizes the Secretary of Homeland Security to make grants to freight railroads, including the Alaska Railroad, Amtrak, hazardous materials offerers, universities and research centers, and state and local governments for certain freight and passenger for activities to prevent or respond to acts of terrorism or sabotage. Requires that the award of such grants be for projects contained in an approved systemwide security plan that includes measures to address security awareness, emergency response, and passenger evacuation training, and that is consistent with state security plans. Sets forth prioritized allocation requirements, limiting the award of grants for rail security upgrades to no more than million to Amtrak and no more than million for the security of the transportation of hazardous materials by rail. Authorizes appropriations for FY2008-FY2010.

(Sec. 406) Directs the Secretary of Homeland Security, through the Under Secretary for Science and Technology and the Assistant Secretary of Homeland Security (TSA), to carry out a research and development (R&amp;D) program to improve freight and intercity passenger rail security. Requires the Secretary of Homeland Security to coordinate the R&amp;D program with other R&amp;D initiatives at the DHS and DOT. Authorizes appropriations for FY2008-FY2010.

(Sec. 407) Sets forth oversight requirements with respect to, and procedures for, the award of grants under this Act.

(Sec. 408) Directs Amtrak to submit to the National Transportation Safety Board (NTSB), the Secretary, and the Secretary of Homeland Security a plan to address the needs of families of passengers involved in rail passenger accidents involving an Amtrak intercity train and resulting in a loss of life. Limits Amtrak's liability for damages in any action brought in a federal or state court arising out of its performance in preparing or providing a passenger list, or in providing information concerning a train reservation, unless such liability is caused by Amtrak's conduct. Earmarks amounts to Amtrak for FY2008 to carry out this section.

(Sec. 409) Directs the Secretary of Homeland Security, the Secretary, heads of other appropriate federal departments and agencies, and Amtrak to report to Congress on the current system for preclearance and screening of rail and airline passengers and baggage, as well as freight railroad traffic, between the United States and Canada, including progress on a rail passenger preclearance protocol.

(Sec. 410) Directs the Secretary of Homeland Security to develop and issue guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. Requires rail carriers to: (1) develop a rail worker security training program based on such guidance and submit it for review by the Secretary of Homeland Security; and (2) not later than one year after such review, complete the training of all front-line workers.

(Sec. 411) Sets forth certain whistleblower protections for rail employees or other persons who have provided information regarding a reasonably perceived threat to security to the employer, federal government, or Congress who have refused to violate or assist in the violation of any regulation related to rail security or who have reported railroad security problems through an established process to the Secretary of Homeland Security.

(Sec. 412) Directs the Secretary of Homeland Security to require rail carriers transporting high hazardous materials to develop high hazard material security risk mitigation plans containing appropriate measures (including alternative routing and temporary shipment suspension options) to address assessed risks to high consequence targets. Requires rail carriers transporting high hazardous materials on a right-of-way to institute such plans when the threat levels of the Homeland Security Advisory System are high or severe or specific intelligence of probable or imminent threats exist to: (1) a high-consequence target being within the catastrophic impact zone of the railroad right-of-way used to transport high hazardous material; or (2) rail infrastructure or operations being within the immediate vicinity of such target.

(Sec. 413) Sets forth civil penalties for violators of regulations prescribed or orders issued by the Secretary of Homeland Security with respect to rail security.

(Sec. 414) Authorizes a rail police officer of one rail carrier to be temporarily assigned for duty to another rail carrier.

Requires the Secretary to: (1) develop model state legislation with respect to entities that do not provide rail transportation but claim to be rail carriers in order to establish and run a police force; and (2) make such legislation available to state governments.

(Sec. 415) Directs the Secretary of Homeland Security to develop a national plan for public outreach to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security.

(Sec. 416) Directs the Secretary of Homeland Security to develop a program to encourage the equipping of rail cars transporting high hazard materials with wireless communications technology. Earmarks certain funds for FY2008-FY2010 to carry out this section.

(Sec. 417) Requires certain reports received by the Senate Committee on Commerce, Science, and Transportation under this Act to also be submitted to the Senate Committee on Homeland Security and Governmental Affairs.<br>

(Sec. 418) Authorizes appropriations to: (1) TSA for FY2008-FY2010 for rail security; and (2) DOT for FY2008-FY2011 for the whistleblower protection program and the Amtrak plan to assist families of passengers involved in rail passenger accidents.

Status of the Legislation

Latest Major Action: 5/22/2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 158.

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