Federal Railroad Administration 

Overview, Highlights and Summary of the 

Passenger Rail Investment and Improvement Act of 2008 (PRIIA) 

(Public Law No. 110-432, Division B, enacted Oct. 16, 2008, Amtrak/High-Speed Rail) 

Prepared March 10, 2009 

[NOTE: This document provides a general overview of the major provisions of the Rail Passenger 

Investment and Improvement Act of 2008. The Federal Railroad Administration (FRA) intends to issue 

periodic updates to aid interested individuals and organizations understand, anticipate, and plan for 

actions, decisions, activities, and initiatives required by the statute.] 

Introduction 

The Passenger Rail Investment and Improvement Act of 2008 (PRIIA) reauthorizes the 

National Railroad Passenger Corporation, better known as Amtrak, and strengthens the 

US passenger rail network by tasking Amtrak, the U.S. Department of Transportation 

(US DOT), Federal Railroad Administration (FRA), States, and other stakeholders in 

improving service, operations, and facilities. PRIIA focuses on intercity passenger rail, 

including Amtrak’s long-distance routes and the Northeast Corridor (NEC), statesponsored corridors throughout the Nation, and the development of high-speed rail 

corridors. 

Amtrak Authorizations of Appropriations and Financial Provisions 

PRIIA authorizes the appropriation of funds to the US DOT for fiscal years 2009-2013 to 

award grants to Amtrak to cover operating costs, capital investments, including in part, 

efforts to bring the NEC to a state-of-good-repair, and repayment of Amtrak’s long-term 

debt and capital leases [§101, §102]. Amtrak must implement a modern financial 

accounting and reporting system [§203]. Additionally, Amtrak’s Board of Directors must 

submit a 5-year financial plan and an annual budget to the Secretary of Transportation 

and the US DOT’s Office of the Inspector General (OIG) [§204]. The 5-year financial 

plan must at a minimum address sixteen categories of information, including projected 

revenues and expenditures, projected ridership, estimates of long-term and short-term 

debt, labor productivity statistics, and anticipated security needs. 

Restructuring Long-Term Debt and Capital Leases

The Secretary of the Treasury, in consultation with the Secretary of Transportation and 

Amtrak, is authorized to enter into negotiations with the holders of Amtrak debt, 

including leases, outstanding as of the date of enactment of PRIIA, for the purpose of 

restructuring (including repayment) and repaying that debt [§205]. In restructuring 

Amtrak’s debt, the Secretary of the Treasury and Amtrak are (1) to take into 

consideration repayment costs, the term of any loan or loans, and market conditions; and 

(2) ensure that the restructuring results in significant savings to Amtrak and the United 

States Government. 

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Rail Passenger Service Quality 

FRA and Amtrak, in consultation with the Surface Transportation Board (STB), 

Amtrak’s host railroads, States, Amtrak’s labor organizations, and rail passenger 

associations are to develop metrics and minimum standards for measuring the 

performance and service quality of intercity passenger train service [§207]. FRA is to 

publish quarterly reports on a variety of performance and service quality factors including 

cost coverage, train delays, and on-board services. STB may investigate on its own 

initiative or upon receipt of a complaint from Amtrak, an intercity rail passenger 

operator, a host freight railroad over which Amtrak operates, or an entity for which 

Amtrak operates intercity passenger rail service of poor on time performance or other 

service quality deficiencies of intercity passenger rail based on the new standards to 

determine whether and to what extent delays or failure to achieve minimum standards are 

due to causes that could reasonably be addressed by the host freight railroad, Amtrak or 

other intercity passenger rail operators [§213]. If the STB determines that delays or 

failures to achieve minimum standards are attributable to a rail carrier’s failure to provide 

preference to Amtrak over freight transportation, it could award damages to be paid by 

the host freight railroad to Amtrak or the service sponsor. The awarded damages would 

be used by Amtrak or the service sponsor for capital or operating expenditures on the 

route to help achieve the minimum standards. The STB will set up its process for 

receiving and addressing complaints. Following issuance of the metrics and standards, 

Amtrak is to develop and implement a plan to improve on-board service in accordance 

with the metrics and standards [§222]. 

Intercity Passenger Rail Route Structure 

PRIIA emphasizes that Amtrak’s long-distance routes are a vital part of the US intercity 

passenger rail network, and are a necessary part of the nation’s intermodal transportation 

system and economy [§228]. Amtrak is required to evaluate and rank each of its longdistance trains according to its overall performance as belonging to the best performing 

third of such routes, the second best performing third of such routes or the worst 

performing third of such routes [§210]. Amtrak must then develop and post on its 

website performance improvement plans for its long-distance passenger routes and 

implement those plans for the worst performing routes in 2010, the second best 

performing routes in 2011, and the best performing routes in 2012. FRA must monitor 

Amtrak’s development and implementation of Amtrak’s performance improvement plans 

and can withhold appropriated funds for operation of a route or routes if it concludes that 

Amtrak is not making reasonable progress. 

FRA is also charged with employing an independent entity to develop and recommend 

objective evaluation methodologies for Amtrak to use in determining what intercity 

passenger routes and services it will provide, including the establishment of new routes, 

the elimination of existing routes, and the reduction or expansion of services or 

frequencies over such routes [§208]. 

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Northeast Corridor Facility and Service Improvement 

Amtrak, in consultation with the Secretary of Transportation and the States that make up 

the Northeast Corridor, must prepare a capital spending plan for infrastructure projects 

needed to return the railroad right-of-way (including track, signals, and auxiliary 

structures), facilities, stations, and equipment of the NEC main line to a state-of-goodrepair [§211]. Amtrak must submit the plan for the Secretary’s approval. The Secretary 

must review Amtrak’s capital expenditures to ensure they are consistent with the 

approved capital spending plan and that Amtrak is providing adequate project 

management oversight and fiscal controls. 

US DOT is directed to establish an NEC Infrastructure and Operations Advisory 

Commission to promote mutual cooperation and planning for the NEC [§212]. The 

Commission members are to include representatives from Amtrak, US DOT, the States of 

the NEC, and non-voting representatives of the freight railroads who operate over the 

NEC. The Commission is to address commuter access fees and other aspects of the NEC 

improvement process. 

To address specific safety and security improvements on the NEC main line, US DOT is 

to establish an NEC Safety Committee comprised of representatives of US DOT, Amtrak, 

freight carriers, commuter rail agencies, rail passengers, and rail labor organizations 

which will report to the Commission and Congress [§212]. 

Enhanced State Involvement 

PRIIA tasks States with establishing or designating a State rail transportation authority 

that will develop Statewide rail plans to set policy involving freight and passenger rail 

transportation within their boundaries, establish priorities and implementation strategies 

to enhance rail service in the public interest, and serve as the basis for Federal and State 

rail investments within the State [§303]. State rail plans are to address a broad spectrum 

of issues, including an inventory of the existing rail transportation system, rail services 

and facilities within the State. They must also include an explanation of the State’s 

passenger rail service objectives, an analysis of rail’s transportation, economic, and 

environmental impacts in the State, and a long-range investment program for current and 

future freight and passenger infrastructure in the State. The plans are to be coordinated 

with other State transportation planning programs and clarify long-term service and 

investment needs and requirements. US DOT is to establish minimum standards for the 

preparation and periodic revision of State rail plans. 

State-Supported Routes

The Amtrak Board of Directors, in consultation with US DOT, the governors of each 

relevant State, and the Mayor of the District of Columbia, or entities representing those 

officials, is required to develop and implement a single, nationwide standardized 

methodology for establishing and allocating the operating and capital costs of providing 

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intercity rail passenger service among the States and Amtrak for the trains operated on 

designated high-speed rail corridors (outside the Northeast Corridor), short-distance 

corridors, or routes of not more than 750 miles, and services operated at the request of a 

State, a regional or local authority or another person [§209]. 

The methodology should ensure equal treatment within five years in the provision of 

comparable services of all States and groups of States (including the District of 

Columbia) and allocate 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 one route. If a State desires to select or 

selects an entity other than Amtrak to provide certain rail passenger services, the State 

may enter into an agreement with Amtrak to use facilities and equipment of, or have 

services be provided by, Amtrak under terms agreed to by the State and Amtrak [§217]. 

The STB is authorized to resolve any dispute that might arise between a State and 

Amtrak over such terms. 

Federal Investments

PRIIA authorizes three new Federal intercity rail capital assistance programs: 

• Intercity Passenger Rail Service Corridor Capital Assistance Program: In 

concert with the State Rail Plan requirement, PRIIA creates the framework for a new 

intercity passenger rail service corridor capital assistance program [§301]. Funds are 

authorized to be appropriated to US DOT to provide grants for capital investments 

benefiting intercity rail passenger service. Eligible applicants include States 

(including the District of Columbia), groups of States, Interstate Compacts, and 

public agencies with responsibility for providing intercity passenger rail service 

established by one or more States. US DOT is authorized to use appropriated funds 

to make grants to assist in financing the capital costs of facilities, infrastructure, and 

equipment necessary to provide or improve intercity passenger rail transportation. 

PRIIA describes project selection criteria and required grant conditions. This 

program is modeled on the capital assistance to states, intercity rail passenger rail 

service program the FRA implemented in fiscal year 2008 and is implementing in 

fiscal year 2009. 

• High-Speed Rail Corridor Development: PRIIA also authorizes the appropriation 

of funds to US DOT to establish and implement a high-speed rail corridor 

development program [§501]. Eligible applicants include a State (including the 

District of Columbia), a group of States, an Interstate Compact, a public agency 

established by one or more States with responsibility for high-speed rail service or 

Amtrak. Eligible corridors include the ten high-speed rail corridors previously 

designated by the Secretary of Transportation. Grants could be used for capital 

projects which are broadly defined to include typical activities in support of 

acquiring, constructing, or improving rail structures and equipment. 

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o High-speed rail is defined to mean intercity rail passenger service that is 

reasonably expected to achieve operating speeds of at least 110 miles per 

hour. US DOT is authorized to specify grant application requirements and 

PRIIA identifies a number of grant selection evaluation criteria, including that 

the project be part of a State rail plan, that the applicant have the ability to 

carry out the project, and that the project result in significant improvements to 

intercity rail passenger service. 

 

• Congestion Relief: PRIIA authorizes the appropriation of funds to US DOT to make 

grants to States or to Amtrak in cooperation with States for financing the capital costs 

of facilities, infrastructure, and equipment for high priority rail corridor projects 

necessary to reduce congestion or facilitate ridership growth in intercity rail 

passenger transportation [§302]. Eligible projects would be those identified by 

Amtrak to reduce congestion or facilitate ridership growth in heavily traveled rail 

corridors, those identified by the STB to improve on time performance and reliability, 

and those designated by US DOT as meeting the purpose of the program and being 

sufficiently advanced so as to be ready for implementation. US DOT is authorized to 

establish appropriate grant eligibility, qualification and administration conditions. 

Enhanced Private Sector Involvement 

PRIIA addresses opportunities for private sector interests to operate and improve intercity 

passenger rail services. 

• Additional High-Speed Rail Projects: Prominent among these initiatives is a 

program to establish a public-private partnership for high-speed rail development 

[§502]. FRA published a Request for Expressions of Interest in the Federal 

Register on December 16, 2008 for the financing, design, construction, operation, 

and maintenance of a high-speed intercity passenger rail system operating within 

a one of eleven specified corridors. Proposals are due to the FRA on or before 

September 14, 2009. Credible submissions that meet the content requirements 

and are likely to result in a positive impact on the Nation’s transportation system 

are to be evaluated through the formation of separate dedicated review 

commissions and then reports to Congress. 

• Alternative Passenger Rail Service Pilot Program: FRA is to complete a 

rulemaking to develop a pilot program that would allow rail carriers that own 

infrastructure over which Amtrak operates intercity passenger service to petition 

to be considered as a passenger rail service provider over the route in lieu of 

Amtrak for a period not to exceed 5 years [§214]. For Amtrak employees who are 

adversely affected by the cessation of the existing service in situations where a 

rail carrier takes over a route in lieu of Amtrak, US DOT is required to develop a 

program under which the Secretary of Transportation may, at the Secretary’s 

discretion, provide grants for financial incentives to be provided to Amtrak 

employees who voluntarily terminate their employment with Amtrak and 

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relinquish any legal rights to receive termination-related payments under any 

previous contractual agreement with Amtrak [§215]. 

• Special Passenger Trains: Amtrak is encouraged to increase the operation of 

special trains funded by, or in partnership with private sector operators through 

the use of competitive contracting to minimize the need for Federal subsidies. 

[§216]. 

Amtrak’s Board of Directors: PRIIA revises the composition of Amtrak’s Board of 

Directors to establish a nine member board comprised of the Secretary of Transportation, 

the President of Amtrak and seven individuals appointed by the President of the United 

States by and with the advice and consent of the Senate with general business and 

financial experience, experience or qualifications in transportation, freight and passenger 

rail transportation, travel, hospitality, cruise line or passenger air transportation 

businesses, or representatives of employees or users of passenger rail transportation or a 

State government [§202]. 

 

Reports, Studies and Related Requirements 

PRIIA contains requirements for a number of studies, reports and related requirements to 

be carried out by a number of different entities. 

Amtrak studies or reports include 

• Amtrak is directed to study the Americans with Disabilities Act (ADA) 

accessibility needs at the stations it serves and to identify improvements required 

to bring those stations into compliance with ADA requirements, including a 

detailed plan, schedule and recommendations for funding the necessary 

improvements [§219]. 

• Amtrak is required to conduct studies of certain routes to determine whether to 

reinstate certain routes, expand service, or add stops [§224]. 

• Amtrak is required to develop a plan for restoring passenger rail service between 

New Orleans, LA and Sanford, FL, including a projected timeline, projected costs 

and any needed legislative changes required to do so [§226]. 

• Amtrak is required to report to the Congress on the total cost of incomplete 

infrastructure maintenance on the rail line between New Haven, CT and 

Springfield, MA [§403]. 

• Amtrak is required to develop a strategic plan to facilitate expanded passenger rail 

service across the international border between the United States and Canada 

during the 2010 Olympic games on the Amtrak Cascades route and to develop 

recommendations for the Department of Homeland Security to efficiently process 

rail passengers traveling on this route [§406]. 

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• Amtrak is tasked with establishing a Next Generation Corridor Equipment Pool 

Committee to design, develop specifications for, and procure standardized nextgeneration rail passenger equipment [§305]. 

US DOT studies or reports include 

• The FRA is tasked with monitoring and conducting periodic reviews of Amtrak’s 

compliance with applicable sections of the ADA and the Rehabilitation Act of 

1974 to ensure that its services and facilities are accessible to individuals with 

disabilities to the extent required by law [§220]. 

• US DOT is required to conduct studies with respect to certain high-speed rail 

corridors and to establish a process for a State or group of States to petition the 

Secretary to re-designate or modify any previously designated high-speed rail 

corridors [§224]. 

• US DOT is to establish a rail cooperative research program to address intercity 

rail passenger and freight rail services, expansion of the transportation of 

international trade traffic by rail, improvements in the interconnectedness of 

commuter rail, passenger rail, freight rail and other rail networks, and 

consideration of regional concerns regarding rail passenger and freight 

transportation [§306]. US DOT is to create an advisory board to recommend 

research, technology, and technology transfer activities related to rail passenger 

and freight transportation and may work with the National Academy of Sciences 

to carry out economic, engineering, technological, and other research. 

• US DOT is directed to study, in consultation with the Environmental Protection 

Agency and Department of Energy, the use of biofuel blends to power 

locomotives and also study use of biodegradable lubricants for locomotives and 

equipment [§404, 405]. 

• US DOT is to conduct a study in consultation with the Advisory Council on 

Historic Preservation, the National Conference of State Historic Preservation 

officers, the Department of the Interior, appropriate representatives of the railroad 

industry, and representative stakeholders on ways to streamline compliance with 

the requirements of section 303 of title 49 United States Code (dealing with uses 

of parks, wildlife refuges, historic sites, etc), and section 106 of the National 

Historic Preservation Act (16 U.S.C. 470f) for federally-funded railroad 

infrastructure repair and improvement projects [§407]. 

US DOT Office of Inspector General (OIG) 

• The US DOT-OIG is to review the financial accounting system designed and 

implemented by Amtrak and report its findings and conclusions to the Congress 

[§203]. 

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• The US DOT-OIG is to review Amtrak’s annual budget and its five-year spending 

plans and report to the Congress on whether they meet the requirements 

established by Congress to promote financial stability [§204]. 

• The US DOT-OIG is to report to Congress describing service delays and their 

sources or underlying causes as well as recommendations for improving on-time 

performance for Amtrak’s Coast Starlight and Cascades routes [§225]. 

• The US DOT-OIG is required to report to Congress on Amtrak’s utilization of its 

equipment maintenance and repair facilities, including the Beech Grove 

Mechanical facility in Indiana [§227]. 

• The US DOT OIG is required to complete by October 16, 2011, an overall 

assessment of the progress made by Amtrak management and US DOT in 

implementing the provisions of PRIIA [§221] 

Commuter Rail Mediation

PRIIA also establishes a process whereby the STB would conduct nonbinding mediation 

in situations where a public transportation authority is unable to reach agreement with a 

rail carrier to use trackage of, and have related services provided by, the rail carrier for 

purposes of commuter rail passenger transportation [§401]. 

Capital and Preventive Maintenance Projects for Washington Metropolitan Area 

Transit Authority

Title VI of PRIIA authorizes the appropriation of funds for grants to the Washington 

Metropolitan Area Transit Authority to finance in part the capital and preventive 

maintenance projects included in the Capital Improvement Program approved by the 

Transit Authority’s Board of Directors [§601]. Title VI of the Act does not address 

intercity rail passenger service but local transit services and is within the jurisdiction of 

the Federal Transit Administration of US DOT rather than the FRA. 

 

Note: The terms “FRA” and “US DOT” are sometimes used interchangeability in the 

above description, subject to delegations of responsibility that will be at the discretion of 

the Secretary of Transportation.