I 

114TH CONGRESS 

1ST SESSION H. R. 749 

To reauthorize Federal support for passenger rail programs, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2015 

Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. DENHAM, and Mr. CAPUANO) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

A BILL 

To reauthorize Federal support for passenger rail programs, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Passenger Rail Reform and Investment Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Authorization for Amtrak. 

Sec. 102. Authorization for Amtrak Office of the Inspector General. 


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Sec. 103. National infrastructure investments. 

Sec. 104. Northeast Corridor. 

TITLE II—AMTRAK REFORM 

Sec. 201. Amtrak planning and grant process. 

Sec. 202. 5-Year capital and operating plan. 

Sec. 203. State-supported routes. 

Sec. 204. Route and service planning decisions. 

Sec. 205. Competition. 

Sec. 206. Food and beverage reform. 

Sec. 207. Right of way leveraging. 

Sec. 208. Station development. 

Sec. 209. Amtrak debt. 

Sec. 210. Amtrak pilot program for passengers transporting domesticated cats 

and dogs. 

Sec. 211. Amtrak boarding procedures. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 301. Federal-State partnership for Northeast Corridor development and 

improvement. 

Sec. 302. RRIF improvements. 

Sec. 303. NEC fast forward. 

Sec. 304. Large capital project requirements. 

Sec. 305. Small business participation study. 

Sec. 306. Gulf Coast rail service working group. 

Sec. 307. Miscellaneous. 

TITLE IV—PROJECT DELIVERY 

Sec. 401. Project delivery rulemaking. 

Sec. 402. Historic preservation of railroads. 

TITLE V—MISCELLANEOUS 

Sec. 501. Definition. 

Sec. 502. Title 49 definitions. 

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. AUTHORIZATION FOR AMTRAK. 

4 (a) NORTHEAST CORRIDOR IMPROVEMENT FUND.— 

5 There are authorized to be appropriated to the Secretary 

6 for the use of Amtrak for deposit into the Northeast Cor7 ridor Improvement Fund account established under secVerDate Sep 11 2014 21:36 Feb 11, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H749.IH H749

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1 tion 24319(a)(1) of title 49, United States Code (as added 

2 by section 201 of this Act), the following amounts: 

3 (1) For fiscal year 2016, $439,000,000. 

4 (2) For fiscal year 2017, $464,000,000. 

5 (3) For fiscal year 2018, $480,000,000. 

6 (4) For fiscal year 2019, $498,000,000. 

7 (b) NATIONAL NETWORK.—There are authorized to 

8 be appropriated to the Secretary for the use of Amtrak 

9 for deposit into the National Network account established 

10 under section 24319(a)(2) of title 49, United States Code 

11 (as added by section 201 of this Act), the following 

12 amounts: 

13 (1) For fiscal year 2016, $973,000,000. 

14 (2) For fiscal year 2017, $974,000,000. 

15 (3) For fiscal year 2018, $985,000,000. 

16 (4) For fiscal year 2019, $997,000,000. 

17 (c) PROJECT MANAGEMENT OVERSIGHT.—The Sec18 retary may withhold up to $2,000,000 of the amount ap19 propriated pursuant to subsection (a), and up to 

20 $2,000,000 of the amount appropriated pursuant to sub21 section (b), for the costs of management oversight of Am22 trak. 


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1 SEC. 102. AUTHORIZATION FOR AMTRAK OFFICE OF THE 

2 INSPECTOR GENERAL. 

3 There are authorized to be appropriated to the Sec4 retary for the Office of the Inspector General of Amtrak 

5 the following amounts: 

6 (1) For fiscal year 2016, $23,000,000. 

7 (2) For fiscal year 2017, $24,000,000. 

8 (3) For fiscal year 2018, $24,000,000. 

9 (4) For fiscal year 2019, $25,000,000. 

10 SEC. 103. NATIONAL INFRASTRUCTURE INVESTMENTS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated to the Secretary for capital grants under chapter 

13 244 of title 49, United States Code, and section 20154 

14 of title 49, United States Code, the following amounts: 

15 (1) For fiscal year 2016, $300,000,000. 

16 (2) For fiscal year 2017, $300,000,000. 

17 (3) For fiscal year 2018, $300,000,000. 

18 (4) For fiscal year 2019, $300,000,000. 

19 (b) FEDERAL-STATE PARTNERSHIP FOR NORTHEAST

20 CORRIDOR DEVELOPMENT AND IMPROVEMENT.—Of the 

21 amounts authorized to be appropriated under subsection 

22 (a), 50 percent for each fiscal year shall be available for 

23 carrying out section 24407 of title 49, United States Code, 

24 as added by section 301 of this Act. 

25 (c) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may withhold up to 1 26 ⁄2 of 1 percent of amounts 


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1 appropriated pursuant to chapter 244 of title 49, United 

2 States Code, for the costs of project management over3 sight of capital projects carried out pursuant to such chap4 ter. 

5 SEC. 104. NORTHEAST CORRIDOR. 

6 For purposes of this title, the term ‘‘Northeast Cor7 ridor’’ means the Northeast Corridor main line between 

8 Boston, Massachusetts, and the District of Columbia, and 

9 facilities and services used to operate and maintain that 

10 line. 

11 TITLE II—AMTRAK REFORM 

12 SEC. 201. AMTRAK PLANNING AND GRANT PROCESS. 

13 (a) REQUIREMENTS AND PROCEDURES.— 

14 (1) AMENDMENT.—Chapter 243 of title 49, 

15 United States Code, is amended by adding at the 

16 end the following new sections: 

17 ‘‘§ 24317. Costs and revenues 

18 ‘‘(a) IN GENERAL.—Not later than 60 days after the 

19 date of enactment of the Passenger Rail Reform and In20 vestment Act of 2015, Amtrak shall establish and main21 tain internal controls to ensure Amtrak’s costs and reve22 nues are allocated to either the Northeast Corridor or the 

23 National Network, including proportional shares of com24 mon and fixed costs. 


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1 ‘‘(b) DEFINITION.—For purposes of this chapter, the 

2 term ‘Northeast Corridor’ means the Northeast Corridor 

3 main line between Boston, Massachusetts, and the District 

4 of Columbia, and facilities and services used to operate 

5 and maintain that line. 

6 ‘‘§ 24318. Grant process 

7 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not 

8 later than 30 days after the date of enactment of the Pas9 senger Rail Reform and Investment Act of 2015, the Sec10 retary of Transportation shall establish and transmit to 

11 the Committee on Transportation and Infrastructure and 

12 the Committee on Appropriations of the House of Rep13 resentatives and the Committee on Commerce, Science, 

14 and Transportation and the Committee on Appropriations 

15 of the Senate substantive and procedural requirements, in16 cluding schedules, for grant requests under this section. 

17 ‘‘(b) GRANT REQUESTS.—Amtrak shall transmit 

18 grant requests for Federal funds to be appropriated to the 

19 Secretary for the use of Amtrak to— 

20 ‘‘(1) the Secretary; and 

21 ‘‘(2) the Committee on Transportation and In22 frastructure and the Committee on Appropriations 

23 of the House of Representatives and the Committee 

24 on Commerce, Science, and Transportation and the 

25 Committee on Appropriations of the Senate. 


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1 ‘‘(c) CONTENTS.—A grant request under subsection 

2 (b) shall— 

3 ‘‘(1) provide a detailed financial analysis for the 

4 upcoming fiscal year for the Northeast Corridor, 

5 State-supported routes, and long-distance routes, in6 cluding projections for the items listed in 

7 24320(c)(1), as applicable, in comparison to prior 

8 fiscal year projections; 

9 ‘‘(2) include a description of the work to be 

10 funded, along with cost estimates and an estimated 

11 timetable for completion of the projects covered by 

12 the request; 

13 ‘‘(3) include an assessment of the continuing fi14 nancial stability of Amtrak; 

15 ‘‘(4) be displayed on Amtrak’s website within a 

16 reasonable timeframe following its submission to the 

17 entities described in subsection (b); and 

18 ‘‘(5) be in similar format and substance to 

19 those submitted by executive agencies of the Federal 

20 Government. 

21 ‘‘(d) REVIEW AND APPROVAL.— 

22 ‘‘(1) 30-DAY APPROVAL PROCESS.—The Sec23 retary shall complete the review of a grant request 

24 and approve or disapprove the request not later than 

25 30 days after the date on which Amtrak submits the 


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1 grant request. If the Secretary disapproves the re2 quest or determines that the request is incomplete or 

3 deficient, the Secretary shall include the reason for 

4 disapproval or the incomplete items or deficiencies in 

5 a notice to Amtrak. 

6 ‘‘(2) 15-DAY MODIFICATION PERIOD.—Not later 

7 than 15 days after receiving notification from the 

8 Secretary under paragraph (1), Amtrak shall submit 

9 a modified request for the Secretary’s review. 

10 ‘‘(3) REVISED REQUESTS.—Not later than 15 

11 days after receiving a modified request from Am12 trak, the Secretary shall either approve the modified 

13 request, or, if the Secretary finds that the request 

14 is still incomplete or deficient, the Secretary shall 

15 identify in writing to the Committee on Transpor16 tation and Infrastructure and the Committee on Ap17 propriations of the House of Representatives and the 

18 Committee on Commerce, Science, and Transpor19 tation and the Committee on Appropriations of the 

20 Senate the remaining deficiencies and recommend a 

21 process for resolving the outstanding portions of the 

22 request. 

23 ‘‘(e) PAYMENT TO AMTRAK.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), in each fiscal year for which amounts are 


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1 authorized to be appropriated, amounts appropriated 

2 shall be paid to Amtrak as follows: 

3 ‘‘(A) 50 percent on October 1. 

4 ‘‘(B) 25 percent on January 1. 

5 ‘‘(C) 25 percent on April 1. 

6 ‘‘(2) EXCEPTION.—The Secretary may make a 

7 payment to Amtrak of appropriated funds more fre8 quently than once every 90 days if Amtrak, for good 

9 cause, requests more frequent payment before a 90- 

10 day period ends. 

11 ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO12 PRIATIONS.—Amounts appropriated to the Secretary for 

13 the use of Amtrak shall remain available until expended. 

14 Amounts for capital acquisitions and improvements may 

15 be appropriated for a fiscal year before the fiscal year in 

16 which the amounts will be obligated. 

17 ‘‘(g) LIMITATIONS ON USE.—Amounts appropriated 

18 to the Secretary for the use of Amtrak may not be used 

19 to subsidize operating losses of commuter rail passenger 

20 or rail freight transportation. 

21 ‘‘§ 24319. Accounts 

22 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Amtrak shall 

23 establish— 

24 ‘‘(1) a Northeast Corridor Improvement Fund 

25 account; and 


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1 ‘‘(2) a National Network account. 

2 ‘‘(b) NORTHEAST CORRIDOR IMPROVEMENT FUND

3 ACCOUNT.— 

4 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

5 Northeast Corridor Improvement Fund account es6 tablished under subsection (a)(1)— 

7 ‘‘(A) grant funds appropriated for the 

8 Northeast Corridor Improvement Fund pursu9 ant to section 101(a) of the Passenger Rail Re10 form and Investment Act of 2015 or any subse11 quent Act; 

12 ‘‘(B) compensation received from com13 muter rail passenger transportation on the 

14 Northeast Corridor provided to Amtrak pursu15 ant to section 24905(c); and 

16 ‘‘(C) any operating surplus of the North17 east Corridor, as allocated pursuant to section 

18 24317. 

19 ‘‘(2) USE OF NORTHEAST CORRIDOR IMPROVE20 MENT FUND ACCOUNT.—Except as provided in sub21 section (d), amounts deposited in the Northeast Cor22 ridor Improvement Fund account shall be made 

23 available for the use of Amtrak for— 

24 ‘‘(A) capital projects described in section 

25 24401(2) (A) or (B) to bring the Northeast 


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1 Corridor to a state-of-good-repair, including 

2 projects described in section 

3 24911(a)(2)(E)(i)(I); 

4 ‘‘(B) capital projects intended to increase 

5 corridor capacity, improve service reliability, 

6 and reduce travel time for rail users on the 

7 Northeast Corridor, including projects described 

8 in subclauses (II) and (III) of section 

9 24911(a)(2)(E)(i), consistent with the planning 

10 process established under section 24911; and 

11 ‘‘(C) retirement of principal and payment 

12 of interest on loans for capital equipment, or 

13 capital leases, attributable to the Northeast 

14 Corridor. 

15 ‘‘(c) NATIONAL NETWORK ACCOUNT.— 

16 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

17 account established under subsection (a)(2)— 

18 ‘‘(A) grant funds appropriated for the Na19 tional Network pursuant to section 101(b) of 

20 the Passenger Rail Reform and Investment Act 

21 of 2015, or any subsequent Act; 

22 ‘‘(B) compensation received from States 

23 provided to Amtrak pursuant to section 209 of 

24 the Passenger Rail Investment and Improve25 ment Act of 2008 (42 U.S.C. 24101 note); and 


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1 ‘‘(C) any operating surplus from the Na2 tional Network, as allocated pursuant to section 

3 24317. 

4 ‘‘(2) USE OF NATIONAL NETWORK ACCOUNT.— 

5 Except as provided in subsection (d), amounts de6 posited in the National Network account shall be 

7 made available for the use of Amtrak for capital ex8 penses and operating costs of the National Network 

9 and retirement of principal and payment of interest 

10 on loans for capital equipment, or capital leases, at11 tributable to the National Network. 

12 ‘‘(d) TRANSFER AUTHORITY.— 

13 ‘‘(1) AUTHORITY.—Amtrak may transfer any 

14 funds appropriated pursuant to the Passenger Rail 

15 Reform and Investment Act of 2015 or any other 

16 Act, or any surplus generated by operations, between 

17 the Northeast Corridor Improvement Fund and Na18 tional Network accounts upon the expiration of 60 

19 days after Amtrak has notified the Amtrak Board of 

20 Directors of such transfer. 

21 ‘‘(2) REPORT.—Not later than 30 days after 

22 the Amtrak Board of Directors receives notification 

23 from Amtrak under paragraph (1), the Board shall 

24 transmit a report to the Secretary, the Committee 

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1 mittee on Appropriations of the House of Represent2 atives, and the Committee on Commerce, Science, 

3 and Transportation and the Committee on Appro4 priations of the Senate, that includes— 

5 ‘‘(A) the amount of the transfer; and 

6 ‘‘(B) a detailed explanation of the reason 

7 for the transfer, including effects on Amtrak 

8 services if no transfer were made. 

9 ‘‘(e) LETTERS OF INTENT.— 

10 ‘‘(1) REQUIREMENT.—The Secretary shall issue 

11 a letter of intent to Amtrak announcing an intention 

12 to obligate, for a major capital project described in 

13 subclauses (II) and (III) of section 

14 24911(a)(2)(E)(i), an amount from future available 

15 budget authority specified in law that is not more 

16 than the amount stipulated as the financial partici17 pation of the Secretary in the project. 

18 ‘‘(2) NOTICE TO CONGRESS.—At least 30 days 

19 before issuing a letter under paragraph (1), the Sec20 retary shall notify in writing the Committee on 

21 Transportation and Infrastructure and the Com22 mittee on Appropriations of the House of Represent23 atives, and the Committee on Commerce, Science, 

24 and Transportation and the Committee on Appro25 priations of the Senate, of the proposed letter. The 


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1 Secretary shall include with the notification a copy 

2 of the proposed letter, the criteria used for selecting 

3 the project for a grant award, and a description of 

4 how the project meets criteria of this section. 

5 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

6 COMMITMENT.—An obligation or administrative 

7 commitment may be made only when amounts are 

8 appropriated. The letter of intent shall state that the 

9 contingent commitment is not an obligation of the 

10 Federal Government, and is subject to the avail11 ability of appropriations under Federal law and to 

12 Federal laws in force or enacted after the date of 

13 the contingent commitment. 

14 ‘‘(f) ROLLING STOCK PURCHASES.—Prior to entering 

15 into contracts in excess of $100,000,000 for rolling stock 

16 procurements, Amtrak shall submit a business case anal17 ysis to the Secretary, the Committee on Transportation 

18 and Infrastructure and the Committee on Appropriations 

19 of the House of Representatives, and the Committee on 

20 Commerce, Science, and Transportation and the Com21 mittee on Appropriations of the Senate, on the utility of 

22 such purchase. This analysis shall— 

23 ‘‘(1) include a cost and benefit comparison that 

24 describes the total lifecycle costs and the anticipated 


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1 benefits related to revenue, operational efficiency, re2 liability, and other factors; 

3 ‘‘(2) set forth the total payments by fiscal year; 

4 ‘‘(3) identify the specific source and amounts of 

5 funding for each payment, including Federal funds, 

6 State funds, Amtrak profits, Federal, State, or pri7 vate loans or loan guarantees, and other funding; 

8 ‘‘(4) include whether any payment under the 

9 contract will increase Amtrak’s grant request, as re10 quired under section 24318, in that particular fiscal 

11 year; and 

12 ‘‘(5) describe how Amtrak will adjust the pro13 curement if future funding is not available.’’. 

14 (2) TABLE OF SECTIONS AMENDMENT.—The 

15 table of sections for chapter 243 of title 49, United 

16 States Code, is amended by adding at the end the 

17 following new items: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 

18 (b) NORTHEAST CORRIDOR PLANNING.— 

19 (1) AMENDMENT.—Chapter 249 of title 49, 

20 United States Code, is amended by adding at the 

21 end the following new section: 

22 ‘‘§ 24911. Northeast Corridor planning 

23 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

24 PLAN.— 


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1 ‘‘(1) REQUIREMENT.—Not later than 12 

2 months after the date of enactment of the Passenger 

3 Rail Reform and Investment Act of 2015, and annu4 ally thereafter, the Northeast Corridor Infrastruc5 ture and Operations Advisory Commission estab6 lished under section 24905 (referred to in this sec7 tion as the ‘Commission’) shall develop a capital in8 vestment plan for the Northeast Corridor main line 

9 between Boston, Massachusetts, and the District of 

10 Columbia, and the Northeast Corridor branch lines 

11 connecting to Harrisburg, Pennsylvania, Springfield, 

12 Massachusetts, and Spuyten Duyvil, New York, and 

13 facilities and services used to operate and maintain 

14 those lines. 

15 ‘‘(2) CONTENTS.—Each such plan shall— 

16 ‘‘(A) be developed to establish a coordi17 nated approach to capital spending on the 

18 Northeast Corridor; 

19 ‘‘(B) cover a period of 5 fiscal years, be20 ginning with the first fiscal year after the date 

21 of the plan; 

22 ‘‘(C) notwithstanding section 24902(b), 

23 prioritize projects and investments along the 

24 Northeast Corridor based on— 


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1 ‘‘(i) the anticipated benefits and costs 

2 of projects; 

3 ‘‘(ii) the anticipated Federal and non4 Federal funding available; and 

5 ‘‘(iii) the information contained in the 

6 Northeast Corridor asset management 

7 plans required under subsection (b), once 

8 available; 

9 ‘‘(D) ensure coordination and optimization 

10 across the entire Northeast Corridor and among 

11 the various owners and users; 

12 ‘‘(E) include a financial plan for the in13 vestment period that— 

14 ‘‘(i) categorizes each capital project as 

15 being primarily associated with— 

16 ‘‘(I) normalized capital replace17 ment; 

18 ‘‘(II) replacement, rehabilitation, 

19 or repair of Northeast Corridor infra20 structure assets, including tunnels, 

21 bridges, stations, and other assets; or 

22 ‘‘(III) improvement of train per23 formance on the Northeast Corridor, 

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1 creased train frequencies, higher oper2 ating speeds, and other improvements; 

3 ‘‘(ii) identifies the anticipated funding 

4 source and financing method for each cap5 ital project described in subclauses (II) 

6 and (III) of clause (i); 

7 ‘‘(iii) describes the anticipated out8 comes of each project, including— 

9 ‘‘(I) an assessment of the poten10 tial effect on passenger accessibility, 

11 operations, safety, reliability, and re12 siliency, and on the ability of infra13 structure owners and operators to 

14 meet regulatory requirements should 

15 the project not be funded; and 

16 ‘‘(II) an assessment of the bene17 fits and costs; 

18 ‘‘(iv) identifies the extent to which the 

19 capital assets are or will be jointly used by 

20 intercity passenger rail service and other 

21 users, and the proportionate share of that 

22 joint usage; and 

23 ‘‘(v) for projects that are expected to 

24 be fully or partially funded through Fed25 eral financial assistance, identifies the 


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1 most appropriate public agency or entity to 

2 receive those funds and implement each 

3 capital project. 

4 ‘‘(3) ADDITIONAL CONTENTS.—Any plan devel5 oped under paragraph (1) after the publication by 

6 the Secretary of Transportation of the Northeast 

7 Corridor service development plan shall also— 

8 ‘‘(A) be developed to identify, prioritize, 

9 and phase the implementation of projects nec10 essary to achieve the goals and findings con11 tained in such Northeast Corridor service devel12 opment plan; 

13 ‘‘(B) allow for flexibility to change 

14 prioritization and programs based upon the 

15 availability of Federal and non-Federal funding; 

16 ‘‘(C) inform the Secretary in developing 

17 recommendations for Congress on Federal fund18 ing needs for the Northeast Corridor and any 

19 corresponding Federal investments in the re20 spective capital programs for Northeast Cor21 ridor infrastructure owners and users; and 

22 ‘‘(D) capture the network-level anticipated 

23 outcomes associated with plan implementation, 

24 including the anticipated effect on passenger 


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1 accessibility, operations, safety, reliability, and 

2 resiliency. 

3 ‘‘(b) NORTHEAST CORRIDOR ASSET MANAGEMENT

4 PLANS.— 

5 ‘‘(1) CONTENTS.—Amtrak, and States and pub6 lic transportation entities that own infrastructure 

7 that supports or provides for intercity rail passenger 

8 transportation on the Northeast Corridor, shall de9 velop and update as necessary Northeast Corridor 

10 asset management plans for the Northeast Corridor 

11 main line between Boston, Massachusetts, and the 

12 District of Columbia, and the Northeast Corridor 

13 branch lines connecting to Harrisburg, Pennsyl14 vania, Springfield, Massachusetts, and Spuyten 

15 Duyvil, New York, and facilities and services used to 

16 operate and maintain those lines, that— 

17 ‘‘(A) are consistent with the Federal Tran18 sit Administration process, as authorized under 

19 section 5326, when implemented; and 

20 ‘‘(B) include, at a minimum— 

21 ‘‘(i) an inventory of all capital assets 

22 owned by the developer of the plan; 

23 ‘‘(ii) an assessment of the condition of 

24 each of those assets; 


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1 ‘‘(iii) a description of how the condi2 tion of each asset has changed since the 

3 previous iteration of the plan; and 

4 ‘‘(iv) a description of the necessary re5 sources and processes for bringing or 

6 maintaining those assets in a state-of-good 

7 repair, including decision support tools and 

8 investment prioritization methodologies. 

9 ‘‘(2) TRANSMITTAL TO COMMISSION.—Not later 

10 than 12 months after the date of enactment of the 

11 Passenger Rail Reform and Investment Act of 2015, 

12 each entity described in paragraph (1) shall transmit 

13 to the Commission a plan developed under para14 graph (1). Any updates to such plan shall also be 

15 transmitted to the Commission. 

16 ‘‘(c) NORTHEAST CORRIDOR SERVICE DEVELOP17 MENT PLAN UPDATES.—The Commission shall, at least 

18 once every 10 years, update the Northeast Corridor service 

19 development plan.’’. 

20 (2) TABLE OF SECTIONS AMENDMENT.—The 

21 table of sections for chapter 249 of title 49, United 

22 States Code, is amended by adding at the end the 

23 following new item: 

‘‘24911. Northeast Corridor planning.’’. 

24 (c) REPEALS.—The following provisions are repealed: 


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1 (1) Sections 206 and 211 of the Passenger Rail 

2 Investment and Improvement Act of 2008, and the 

3 items relating thereto in the table of contents of 

4 such Act. 

5 (2) Section 24104 of title 49, United States 

6 Code, and the item relating thereto in the table of 

7 sections for chapter 241 of such title. 

8 SEC. 202. 5-YEAR CAPITAL AND OPERATING PLAN. 

9 (a) AMENDMENT.—Chapter 243 of title 49, United 

10 States Code, is further amended by adding at the end the 

11 following new section: 

12 ‘‘§ 24320. 5-Year capital and operating plan 

13 ‘‘(a) PLAN.—Not later than 60 days after the date 

14 of enactment of an Act appropriating funds pursuant to 

15 section 101 of the Passenger Rail Reform and Investment 

16 Act of 2015, or any subsequent authorization of appro17 priations for the same purposes, the Amtrak Board of Di18 rectors shall prepare and transmit to the Committee on 

19 Transportation and Infrastructure and the Committee on 

20 Appropriations of the House of Representatives and the 

21 Committee on Commerce, Science, and Transportation 

22 and the Committee on Appropriations of the Senate a 5- 

23 year capital and operating plan for the Northeast Corridor 

24 and National Network. 


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1 ‘‘(b) CONSULTATION.—Each such plan shall be pre2 pared in consultation with— 

3 ‘‘(1) the Federal Railroad Administration; 

4 ‘‘(2) the Northeast Corridor Infrastructure and 

5 Operations Advisory Commission, with respect to the 

6 Northeast Corridor; and 

7 ‘‘(3) the requisite States, with respect to the 

8 National Network. 

9 ‘‘(c) CONTENTS.—A plan prepared under this section 

10 shall— 

11 ‘‘(1) for each of the Northeast Corridor and the 

12 National Network, include— 

13 ‘‘(A) projected revenues and expenditures 

14 for the Northeast Corridor, State-supported 

15 routes, long-distance routes, and corporate de16 velopment, including Federal and non-Federal 

17 funding sources; 

18 ‘‘(B) projected ridership levels for the 

19 Northeast Corridor, State-supported routes, 

20 and long-distance routes; 

21 ‘‘(C) projected capital and operational 

22 funding requirements necessary to maintain 

23 passenger service in order to accommodate pre24 dicted ridership levels and predicted sources of 

25 Federal and non-Federal funding; 


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1 ‘‘(D) projected capital and operating re2 quirements, ridership, revenue, and expendi3 tures for new passenger service operations or 

4 service expansions; 

5 ‘‘(E) an assessment of the continuing fi6 nancial stability of Amtrak, as indicated by fac7 tors including anticipated Federal funding of 

8 capital and operating costs, Amtrak’s ability to 

9 efficiently recruit, retain, and manage its work10 force, and Amtrak’s ability to effectively provide 

11 passenger rail service; 

12 ‘‘(F) estimates of long-term and short-term 

13 debt and associated principal and interest pay14 ments (both current and anticipated); 

15 ‘‘(G) annual cash flow forecasts; 

16 ‘‘(H) a statement describing methods of 

17 estimation and significant assumptions; 

18 ‘‘(I) specific measures that demonstrate 

19 measurable improvement year over year in the 

20 financial results of Amtrak’s operations; 

21 ‘‘(J) prior fiscal year and projected— 

22 ‘‘(i) operating ratio, cash operating 

23 loss, and cash operating loss per passenger 

24 on a route, business line, and corporate 

25 basis; 


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1 ‘‘(ii) specific costs and savings esti2 mates resulting from reform initiatives; 

3 ‘‘(iii) productivity statistics on a 

4 route, business line, and corporate basis; 

5 and 

6 ‘‘(iv) equipment reliability statistics; 

7 ‘‘(K) capital and operating expenditures 

8 for anticipated security needs; and 

9 ‘‘(L) a prioritization of capital expendi10 tures by business line; and 

11 ‘‘(2) reflect the Northeast Corridor planning, as 

12 applicable, and grant processes established under 

13 sections 24911 and 24318. 

14 ‘‘(d) CONFORMANCE TO AUTHORIZED FUNDING LEV15 ELS.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), any financial projection for a fiscal year 

18 that is included in a plan prepared under this sec19 tion shall be based on the amount of dedicated fund20 ing for such fiscal year. 

21 ‘‘(2) ABSENCE OF APPROPRIATION.—In the ab22 sence of an appropriation of funds for such fiscal 

23 year, the projection shall be based on the amount of 

24 funds authorized by law to be appropriated for that 

25 fiscal year, plus other dedicated funding. 


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1 ‘‘(3) DEDICATED FUNDING DEFINED.—In this 

2 subsection, the term ‘dedicated funding’ means any 

3 amounts appropriated for a fiscal year and any 

4 other funding sources, including revenues and other 

5 ancillary funding streams, for the Northeast Cor6 ridor or the National Network. 

7 ‘‘(e) STANDARDS TO PROMOTE FINANCIAL STA8 BILITY.—In preparing a plan under this section, the 

9 Board shall apply sound budgetary practices, including re10 ducing costs and other expenditures, improving produc11 tivity, increasing revenues, or combinations of such prac12 tices. 

13 ‘‘(f) UPDATES.—Amtrak shall provide monthly re14 ports for the current fiscal year in electronic format to 

15 the Secretary and the Committee on Transportation and 

16 Infrastructure and the Committee on Appropriations of 

17 the House of Representatives and the Committee on Com18 merce, Science, and Transportation and the Committee on 

19 Appropriations of the Senate regarding the items de20 scribed in subsection (c)(1), which shall include a descrip21 tion of the work completed to date, any differences from 

22 projections, and the reasons for such differences.’’. 

23 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

24 sections for such chapter 243 is amended by adding at 

25 the end the following new item: 

‘‘24320. 5-Year capital and operating plan.’’. 


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1 (c) REPEAL.—Section 204 of the Passenger Rail In2 vestment and Improvement Act of 2008 (49 U.S.C. 24101 

3 note), and the item relating thereto in the table of con4 tents of such Act, are repealed. 

5 SEC. 203. STATE-SUPPORTED ROUTES. 

6 (a) AMENDMENT.—Chapter 247 of title 49, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 24712. State-supported routes 

10 ‘‘(a) STATE-SUPPORTED ROUTE ADVISORY COM11 MITTEE.— 

12 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

13 after the date of enactment of the Passenger Rail 

14 Reform and Investment Act of 2015, the Secretary 

15 of Transportation shall establish a State-Supported 

16 Route Advisory Committee to promote mutual co17 operation and planning pertaining to the rail oper18 ations and related activities of trains operated on 

19 State-supported routes and to further implement 

20 section 209 of the Passenger Rail Investment and 

21 Improvement Act of 2008 (49 U.S.C. 24101 note). 

22 ‘‘(2) MEMBERSHIP.—The Committee shall con23 sist of representatives of— 

24 ‘‘(A) Amtrak; 


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1 ‘‘(B) the Department of Transportation, 

2 including the Federal Railroad Administration; 

3 and 

4 ‘‘(C) 7 States that sponsor State-supported 

5 routes, selected by the Administrator of the 

6 Federal Railroad Administration on the basis of 

7 appropriate expertise and geographic balance, 

8 and in a manner that ensures that all appro9 priate States are represented periodically on the 

10 Committee. 

11 ‘‘(3) DISTRIBUTION OF MEMBERSHIP.—The 

12 membership belonging to any of the groups de13 scribed in each individual subparagraph of para14 graph (2) shall not constitute a majority of the 

15 Committee’s memberships. 

16 ‘‘(4) MEETINGS; RULES AND PROCEDURES.— 

17 The Committee shall establish a schedule and loca18 tion for convening meetings, but shall meet no less 

19 than 2 times every fiscal year. The Committee shall 

20 develop rules and procedures to govern the Commit21 tee’s proceedings. 

22 ‘‘(b) COST, SERVICE, AND RIDERSHIP FORECASTS.— 

23 ‘‘(1) IN GENERAL.—Not later than January 31, 

24 2016, and annually thereafter, Amtrak shall trans25 mit to each State that sponsors a State-supported 


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1 route, and to the Committee on Transportation and 

2 Infrastructure and the Committee on Appropriations 

3 of the House of Representatives and the Committee 

4 on Commerce, Science, and Transportation and the 

5 Committee on Appropriations of the Senate— 

6 ‘‘(A) a final statement of costs, revenues, 

7 ridership, and other information determined ap8 propriate by the Committee established under 

9 subsection (a), pertaining to each such route for 

10 the prior fiscal year; and 

11 ‘‘(B) a cost, service, and ridership forecast 

12 for each such route for the upcoming fiscal 

13 year, developed pursuant to the methodology es14 tablished under section 209 of the Passenger 

15 Rail Investment and Improvement Act of 2008 

16 (49 U.S.C. 24101 note). 

17 ‘‘(2) EXCEPTION.—The Committee may estab18 lish a different deadline than is required under para19 graph (1) for submission of final financial state20 ments and cost, service, and ridership forecasts. 

21 ‘‘(3) QUARTERLY UPDATES.—Beginning in 

22 2016, and each year thereafter, Amtrak shall trans23 mit to each State that sponsors a State-supported 

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1 able States to pace costs against State budgets, plan 

2 effectively, and address unexpected changes in costs 

3 in a timely manner, on the following dates: 

4 ‘‘(A) April 30, for the period encompassing 

5 January through March of such year. 

6 ‘‘(B) July 31, for the period encompassing 

7 April through June of such year. 

8 ‘‘(C) October 31, for the period encom9 passing July through September of such year. 

10 ‘‘(c) INVOICES.—Not later than February 15, 2016, 

11 and monthly thereafter, Amtrak shall provide to each 

12 State that sponsors a State-supported route a monthly in13 voice of the cost of operating such route, including fixed 

14 costs and third-party costs. 

15 ‘‘(d) DISPUTE RESOLUTION.— 

16 ‘‘(1) REQUEST FOR EXPEDITED RESOLUTION.— 

17 If a dispute arises with respect to a forecast devel18 oped under subsection (b), an invoice developed 

19 under subsection (c), or the terms of a contract for 

20 operation of a State-supported route negotiated be21 tween Amtrak and a State that sponsors the route, 

22 either Amtrak or the State may request that the 

23 Surface Transportation Board conduct expedited 

24 dispute resolution under this subsection. 


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1 ‘‘(2) PROCEDURES.—The Surface Transpor2 tation Board shall establish procedures for expedited 

3 resolution of disputes brought before it under this 

4 subsection. 

5 ‘‘(3) BINDING EFFECT.—The decision of the 

6 Surface Transportation Board under this subsection 

7 shall be binding on the parties to the dispute. 

8 ‘‘(e) FRA ASSISTANCE.—The Federal Railroad Ad9 ministration may provide assistance to the parties in the 

10 course of negotiations for a contract for operation of a 

11 State-supported route. 

12 ‘‘(f) PERFORMANCE METRICS.—In negotiating a con13 tract for operation of a State-supported route, Amtrak 

14 and the State or States that sponsor the route shall con15 sider including provisions that provide penalties and incen16 tives for performance based on metrics that take into ac17 count only those factors within the control of Amtrak or 

18 the State or States. 

19 ‘‘(g) DEFINITION OF STATE.—In this section, the 

20 term ‘State’ means each of the 50 States and the District 

21 of Columbia.’’. 

22 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

23 sections for such chapter 247 is amended by adding at 

24 the end the following new item: 

‘‘24712. State-supported routes.’’. 


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1 SEC. 204. ROUTE AND SERVICE PLANNING DECISIONS. 

2 Section 208 of the Passenger Rail Investment and 

3 Improvement Act of 2008 (49 U.S.C. 24101 note) is 

4 amended to read as follows: 

5 ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND 

6 SERVICE PLANNING DECISIONS. 

7 ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later 

8 than 180 days after the date of enactment of the Pas9 senger Rail Reform and Investment Act of 2015, as a con10 dition of receiving a grant under section 101 of such Act, 

11 Amtrak shall obtain the services of an independent entity 

12 to develop and recommend objective methodologies for 

13 Amtrak to use in determining what intercity rail passenger 

14 transportation routes and services it should provide, in15 cluding the establishment of new routes, the elimination 

16 of existing routes, and the contraction or expansion of 

17 services or frequencies over such routes. 

18 ‘‘(b) CONSIDERATIONS.—Amtrak shall require the 

19 entity, in developing the methodologies described in sub20 section (a), to consider— 

21 ‘‘(1) the current and expected performance and 

22 service quality of intercity rail passenger transpor23 tation operations, including cost recovery, on-time 

24 performance, ridership, on-board services, stations, 

25 facilities, equipment, and other services; 

26 ‘‘(2) connectivity of a route with other routes; 


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1 ‘‘(3) the transportation needs of communities 

2 and populations that are not well served by intercity 

3 rail passenger transportation service or by other 

4 forms of intercity transportation; 

5 ‘‘(4) the methodologies of Amtrak and major 

6 intercity rail passenger transportation service pro7 viders in other countries for determining intercity 

8 passenger rail routes and services; 

9 ‘‘(5) the views of States, rail carriers that own 

10 infrastructure over which Amtrak operates, Amtrak 

11 employee representatives, and other interested par12 ties; and 

13 ‘‘(6) the funding levels that will be available 

14 under authorization levels that have been enacted 

15 into law. 

16 ‘‘(c) RECOMMENDATIONS.—Not later than 1 year 

17 after the date of enactment of the Passenger Rail Reform 

18 and Investment Act of 2015, Amtrak shall transmit to the 

19 Committee on Transportation and Infrastructure of the 

20 House of Representatives, and the Committee on Com21 merce, Science, and Transportation of the Senate the rec22 ommendations developed by the entity pursuant to sub23 section (a). 

24 ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not 

25 later than 90 days after transmitting the recommendaVerDate Sep 11 2014 21:36 Feb 11, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H749.IH H749

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1 tions pursuant to subsection (c), the Amtrak Board of Di2 rectors shall consider the adoption of the recommenda3 tions and transmit to the Committee on Transportation 

4 and Infrastructure of the House of Representatives and 

5 the Committee on Commerce, Science, and Transportation 

6 of the Senate a report containing an explanation of any 

7 reasons for adopting or not adopting the recommenda8 tions.’’. 

9 SEC. 205. COMPETITION. 

10 (a) AMENDMENT.—Section 24711 of title 49, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 24711. Alternate passenger rail service pilot pro13 gram 

14 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of the Passenger Rail Reform and In16 vestment Act of 2015, the Federal Railroad Administra17 tion shall complete a rulemaking proceeding to develop a 

18 pilot program that— 

19 ‘‘(1) permits a rail carrier or rail carriers that 

20 own infrastructure over which Amtrak operates a 

21 passenger rail service route described in subpara22 graph (B), (C), or (D) of section 24102(7) or in sec23 tion 24702(a) to petition the Federal Railroad Ad24 ministration to be considered as a passenger rail 


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1 service provider over that route in lieu of Amtrak for 

2 an operations period of 5 years; 

3 ‘‘(2) requires the Federal Railroad Administra4 tion to notify Amtrak within 30 days after receiving 

5 a petition under paragraph (1) and establish a dead6 line by which both the petitioner and Amtrak would 

7 be required to submit a bid to provide passenger rail 

8 service over the route to which the petition relates; 

9 ‘‘(3) requires that each bid describe how the 

10 bidder would operate the route, what Amtrak pas11 senger equipment would be needed, if any, and what 

12 sources of non-Federal funding the bidder would 

13 use, including any State subsidy, among other 

14 things; 

15 ‘‘(4) requires the Federal Railroad Administra16 tion to execute a contract within a specified, limited 

17 time after the deadline established under paragraph 

18 (2) and award to the winning bidder— 

19 ‘‘(A) the right and obligation to provide 

20 passenger rail service over that route subject to 

21 such performance standards as the Federal 

22 Railroad Administration may require; and 

23 ‘‘(B) an operating subsidy— 

24 ‘‘(i) for the first year at a level not in 

25 excess of 90 percent of the level in effect 


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1 for that specific route during the fiscal 

2 year preceding the fiscal year in which the 

3 petition was received, adjusted for infla4 tion; and 

5 ‘‘(ii) for any subsequent years at the 

6 level calculated under clause (i), adjusted 

7 for inflation; and 

8 ‘‘(5) requires that each bid contain a staffing 

9 plan describing the number of employees needed to 

10 operate the service, the job assignments and require11 ments, and the terms of work for prospective and 

12 current employees of the bidder for the service out13 lined in the bid, and that such staffing plan be made 

14 available by the winning bidder to the public after 

15 the bid award. 

16 ‘‘(b) ROUTE LIMITATIONS.—The Federal Railroad 

17 Administration may not make the program available with 

18 respect to more than 2 Amtrak intercity passenger rail 

19 routes. 

20 ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO FACILI21 TIES; EMPLOYEES.—If the Federal Railroad Administra22 tion awards the right and obligation to provide passenger 

23 rail service over a route under this section to a rail carrier 

24 or rail carriers— 


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1 ‘‘(1) it shall execute a contract with the rail 

2 carrier or rail carriers for rail passenger operations 

3 on that route that conditions the operating and sub4 sidy rights on— 

5 ‘‘(A) the service provider continuing to 

6 provide passenger rail service on the route that 

7 is no less frequent, nor over a shorter distance, 

8 than Amtrak provided on that route before the 

9 award; and 

10 ‘‘(B) the service provider’s compliance with 

11 the standards established under subsection 

12 (a)(4)(A), and such additional performance 

13 standards as the Administration may establish; 

14 ‘‘(2) it shall, if the award is made to a rail car15 rier other than Amtrak, require Amtrak to provide 

16 access to its reservation system, stations, and facili17 ties directly related to operations to any rail carrier 

18 or rail carriers awarded a contract under this sec19 tion, in accordance with subsection (d), necessary to 

20 carry out the purposes of this section; 

21 ‘‘(3) an employee of any person used by such 

22 rail carrier or rail carriers in the operation of a 

23 route under this section shall be considered an em24 ployee of that carrier or carriers and subject to the 

25 applicable Federal laws and regulations governing 


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1 similar crafts or classes of employees of Amtrak, in2 cluding provisions under section 121 of the Amtrak 

3 Reform and Accountability Act of 1997 (49 U.S.C. 

4 4312 note) relating to employees that provide food 

5 and beverage service; and 

6 ‘‘(4) the winning bidder shall provide hiring 

7 preference to qualified Amtrak employees displaced 

8 by the award of the bid, consistent with the staffing 

9 plan submitted by the bidder, and shall be subject 

10 to the grant conditions under section 24405 of this 

11 title. 

12 ‘‘(d) DISPUTES.—If Amtrak and the rail carrier or 

13 rail carriers awarded a route under this section cannot 

14 agree upon terms to carry out subsection (c)(2), and the 

15 Surface Transportation Board finds that access to Am16 trak’s facilities or equipment, or the provision of services 

17 by Amtrak, is necessary to carry out subsection (c)(2) and 

18 that the operation of Amtrak’s other services will not be 

19 impaired thereby, the Surface Transportation Board shall, 

20 within 120 days after submission of the dispute, issue an 

21 order that the facilities and equipment be made available, 

22 and that services be provided, by Amtrak, and shall deter23 mine reasonable compensation, liability, and other terms 

24 for use of the facilities and equipment and provision of 

25 the services. 


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1 ‘‘(e) CESSATION OF SERVICE.—If a rail carrier or rail 

2 carriers awarded a route under this section cease to oper3 ate the service or fail to fulfill their obligations under the 

4 contract required under subsection (c), the Federal Rail5 road Administration, in collaboration with the Surface 

6 Transportation Board, shall take any necessary action 

7 consistent with this title to enforce the contract and en8 sure the continued provision of service, including the in9 stallment of an interim service provider and rebidding the 

10 contract to operate the service. The entity providing serv11 ice shall either be Amtrak or a rail carrier defined in sub12 section (a)(1). 

13 ‘‘(f) ADEQUATE RESOURCES.—Before taking any ac14 tion allowed under this section, the Secretary shall certify 

15 that the Federal Railroad Administration has sufficient 

16 resources appropriated under section 101(b) of Passenger 

17 Rail Reform and Investment Act of 2015, or any subse18 quent appropriation, for that purpose that are adequate 

19 to undertake the program established under this section. 

20 ‘‘(g) BUDGET AUTHORITY.—The Secretary of Trans21 portation may provide to a winning bidder selected under 

22 this section appropriations authorized under sections 

23 101(b) of the Passenger Rail Reform and Investment Act 

24 of 2015, or any subsequent appropriation for the same 


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1 purposes, necessary to cover the operating subsidy de2 scribed in subsection (a)(4)(B).’’. 

3 (b) REPORT.—Not later than 1 year after the conclu4 sion of the pilot program established under the amend5 ment made by subsection (a), the Federal Railroad Ad6 ministration shall submit to the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 and the Committee on Commerce, Science, and Transpor9 tation of the Senate a report on the results on the pilot 

10 program established under section 24711 of title 49 

11 United States Code, and any recommendations for further 

12 action. 

13 SEC. 206. FOOD AND BEVERAGE REFORM. 

14 (a) AMENDMENT.—Chapter 243 of title 49, United 

15 States Code, is further amended by adding at the end the 

16 following new section: 

17 ‘‘§ 24321. Food and beverage reform 

18 ‘‘(a) PLAN.—Not later than 90 days after the date 

19 of enactment of the Passenger Rail Reform and Invest20 ment Act of 2015, Amtrak shall develop and begin imple21 menting a plan to eliminate, within 5 years of such date 

22 of enactment, the operating loss associated with providing 

23 food and beverage service on board Amtrak trains. 

24 ‘‘(b) CONSIDERATIONS.—In developing and imple25 menting the plan, Amtrak shall consider a combination of 


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1 cost management and revenue generation initiatives, in2 cluding— 

3 ‘‘(1) scheduling optimization; 

4 ‘‘(2) on-board logistics; 

5 ‘‘(3) product development and supply chain effi6 ciency; 

7 ‘‘(4) training, awards, and accountability; 

8 ‘‘(5) technology enhancements and process im9 provements; and 

10 ‘‘(6) ticket revenue allocation. 

11 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

12 Amtrak employee holding a position as of the date of en13 actment of the Passenger Rail Reform and Investment Act 

14 of 2015 is involuntarily separated because of— 

15 ‘‘(1) the development and implementation of the 

16 plan required under subsection (a); or 

17 ‘‘(2) any other action taken by Amtrak to im18 plement this section. 

19 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

20 LOSSES.—Beginning on the date that is 5 years after the 

21 date of enactment of the Passenger Rail Reform and In22 vestment Act of 2015, no Federal funds may be used to 

23 cover any operating loss associated with providing food 

24 and beverage service on a route operated by Amtrak or 


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1 an alternative passenger rail service provider that operates 

2 a route in lieu of Amtrak pursuant to section 24711. 

3 ‘‘(e) REPORT.—Not later than 120 days after the 

4 date of enactment of the Passenger Rail Reform and In5 vestment Act of 2015, and annually thereafter for 5 years, 

6 Amtrak shall transmit to the Committee on Transpor7 tation and Infrastructure of the House of Representatives 

8 and the Committee on Commerce, Science, and Transpor9 tation of the Senate a report containing the plan developed 

10 pursuant to subsection (a) and a description of progress 

11 in the implementation of the plan.’’. 

12 (b) CONFORMING AMENDMENT.—The table of sec13 tions for chapter 243 of title 49, United States Code, is 

14 amended by adding at the end the following new item: 

‘‘24321. Food and beverage reform.’’. 

15 SEC. 207. RIGHT OF WAY LEVERAGING. 

16 (a) REQUEST FOR PROPOSALS.—Not later than 180 

17 days after the date of enactment of this Act, Amtrak shall 

18 issue a Request for Proposals seeking private sector per19 sons or entities to utilize Amtrak-owned right-of-way for 

20 telecommunications systems, energy distribution systems, 

21 and other activities considered appropriate by Amtrak. 

22 The Request for Proposals shall provide sufficient infor23 mation on Amtrak’s right-of-way real estate assets to en24 able respondents to propose an arrangement that will 


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1 monetize such assets through revenue sharing agreements 

2 with Amtrak. 

3 (b) CONSIDERATION OF PROPOSALS.—Not later than 

4 1 year after the date of enactment of this Act, the Amtrak 

5 Board of Directors shall review and consider each proposal 

6 submitted pursuant to subsection (a). Amtrak may enter 

7 into such agreements as are necessary to implement any 

8 such proposal or proposals. 

9 (c) REPORT TO CONGRESS.—Not later than 18 

10 months after the date of enactment of this Act, Amtrak 

11 shall transmit to the Committee on Transportation and 

12 Infrastructure of the House of Representatives and the 

13 Committee on Commerce, Science, and Transportation of 

14 the Senate a report on the Request for Proposals required 

15 by this section, including summary information of any pro16 posals submitted to Amtrak and any proposals accepted 

17 by the Amtrak Board of Directors. 

18 SEC. 208. STATION DEVELOPMENT. 

19 (a) REPORT ON DEVELOPMENT OPTIONS.—Not later 

20 than 1 year after the date of enactment of this Act, Am21 trak shall transmit to the Committee on Transportation 

22 and Infrastructure of the House of Representatives and 

23 the Committee on Commerce, Science, and Transportation 

24 of the Senate a report on options to enhance development 

25 around Amtrak stations, including— 


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1 (1) strengthening multimodal connections, in2 cluding intercity buses; 

3 (2) options for capturing development-related 

4 revenue streams; and 

5 (3) other opportunities to better leverage sta6 tion assets. 

7 (b) PROPOSALS.— 

8 (1) REQUEST FOR PROPOSALS.—Not later than 

9 18 months after the date of enactment of this Act, 

10 Amtrak shall issue a Request for Proposals seeking 

11 persons or entities, where appropriate, to carry out 

12 the options identified under subsection (a). 

13 (2) CONSIDERATION OF PROPOSALS.—Not later 

14 than 24 months after the date of enactment of this 

15 Act, the Amtrak Board of Directors shall review and 

16 consider each proposal submitted pursuant to para17 graph (1). Amtrak may enter into such agreements 

18 as are necessary to implement any such proposal or 

19 proposals. 

20 (c) REPORT TO CONGRESS.—Not later than 30 

21 months after the date of enactment of this Act, Amtrak 

22 shall transmit to the Committee on Transportation and 

23 Infrastructure of the House of Representatives and the 

24 Committee on Commerce, Science, and Transportation of 

25 the Senate a report on the Request for Proposals required 


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1 by this section, including summary information of any pro2 posals submitted to Amtrak and any proposals accepted 

3 by the Amtrak Board of Directors. 

4 SEC. 209. AMTRAK DEBT. 

5 Section 205 of the Passenger Rail Investment and 

6 Improvement Act of 2008 (49 U.S.C. 24101 note) is 

7 amended— 

8 (1) in subsection (a), by inserting ‘‘, to the ex9 tent provided in advance in appropriations Acts’’ 

10 after ‘‘Amtrak’s indebtedness’’; 

11 (2) by striking ‘‘as of the date of enactment of 

12 this Act’’ each place it appears; 

13 (3) in subsection (a), by striking the second 

14 sentence; 

15 (4) in subsection (b), by striking ‘‘The Sec16 retary of the Treasury, in consultation’’ and insert17 ing ‘‘To the extent amounts are provided in advance 

18 in appropriations Acts, the Secretary of the Treas19 ury, in consultation’’; 

20 (5) in subsection (d), by inserting ‘‘, to the ex21 tent provided in advance in appropriations Acts’’ 

22 after ‘‘as appropriate’’; 

23 (6) in subsection (e)(1), by striking ‘‘by section 

24 102 of this division’’; and 


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1 (7) in subsection (e)(2), by striking ‘‘by section 

2 102’’ and inserting ‘‘for Amtrak’’. 

3 SEC. 210. AMTRAK PILOT PROGRAM FOR PASSENGERS 

4 TRANSPORTING DOMESTICATED CATS AND 

5 DOGS. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, Amtrak shall develop a pilot 

8 program that allows passengers to transport domesticated 

9 cats or dogs on certain trains operated by Amtrak. 

10 (b) PET POLICY.—In developing the pilot program 

11 required under subsection (a), Amtrak shall— 

12 (1) in the case of a passenger train that is com13 prised of more than 1 car, designate, where feasible, 

14 at least 1 car in which a ticketed passenger may 

15 transport a domesticated cat or dog in the same 

16 manner as carry-on baggage if— 

17 (A) the cat or dog is contained in a pet 

18 kennel; 

19 (B) the pet kennel is stowed in accordance 

20 with Amtrak size requirements for carriage of 

21 carry-on baggage; 

22 (C) the passenger is traveling on a train 

23 operating on a route described in subparagraph 

24 (A), (B), or (D) of section 24102(7) of title 49, 

25 United States Code; and 


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1 (D) the passenger pays a fee described in 

2 paragraph (3); 

3 (2) allow a ticketed passenger to transport a 

4 domesticated cat or dog on a train in the same man5 ner as cargo if— 

6 (A) the cat or dog is contained in a pet 

7 kennel; 

8 (B) the pet kennel is stowed in accordance 

9 with Amtrak requirements for cargo stowage; 

10 (C) the passenger is traveling on a train 

11 operating on a route described in subparagraph 

12 (A), (B), or (D) of section 24102(7) of title 49, 

13 United States Code; 

14 (D) the cargo area is temperature con15 trolled in a manner protective of cat and dog 

16 safety and health; and 

17 (E) the passenger pays a fee described in 

18 paragraph (3); and 

19 (3) collect fees for each cat or dog transported 

20 by a ticketed passenger in an amount that, in the 

21 aggregate and at a minimum, covers the full costs 

22 of the pilot program. 

23 (c) REPORT.—Not later than 1 year after the pilot 

24 program required under subsection (a) is first imple25 mented, Amtrak shall transmit to the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives and the Committee on Commerce, Science, 

3 and Transportation of the Senate a report containing an 

4 evaluation of the pilot program. 

5 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

6 (1) SERVICE ANIMALS.—The pilot program re7 quired under subsection (a) shall be separate from 

8 and in addition to the policy governing Amtrak pas9 sengers traveling with service animals. Nothing in 

10 this section may be interpreted to limit or waive the 

11 rights of passengers to transport service animals. 

12 (2) ADDITIONAL TRAIN CARS.—Nothing in this 

13 section may be interpreted to require Amtrak to add 

14 additional train cars or modify existing train cars. 

15 (3) FEDERAL FUNDS.—No Federal funds may 

16 be used to implement the pilot program required 

17 under this section. 

18 SEC. 211. AMTRAK BOARDING PROCEDURES. 

19 (a) REPORT.—Not later than 6 months after the date 

20 of enactment of this Act, the Amtrak Office of Inspector 

21 General shall transmit to the Committee on Transpor22 tation and Infrastructure of the House of Representatives 

23 and the Committee on Commerce, Science, and Transpor24 tation of the Senate a report that— 


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1 (1) evaluates Amtrak’s boarding procedures at 

2 its 10 stations through which the most people pass; 

3 (2) compares Amtrak’s boarding procedures 

4 to— 

5 (A) commuter railroad boarding proce6 dures at stations shared with Amtrak; 

7 (B) international intercity passenger rail 

8 boarding procedures; and 

9 (C) fixed guideway transit boarding proce10 dures; and 

11 (3) makes recommendations, as appropriate, to 

12 improve Amtrak’s boarding procedures, including 

13 recommendations regarding the queuing of pas14 sengers and free-flow of all station-users. 

15 (b) CONSIDERATION OF RECOMMENDATIONS.—Not 

16 later than 6 months after the release of the report re17 quired under subsection (a), the Amtrak Board of Direc18 tors shall consider each recommendation provided under 

19 subsection (a)(3) for implementation across the Amtrak 

20 system. 


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1 TITLE III—INTERCITY 

2 PASSENGER RAIL POLICY 

3 SEC. 301. FEDERAL-STATE PARTNERSHIP FOR NORTHEAST 

4 CORRIDOR DEVELOPMENT AND IMPROVE5 MENT. 

6 (a) AMENDMENT.—Chapter 244 of title 49, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 24407. Federal-State partnership for Northeast 

10 Corridor rehabilitation and improvement 

11 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

12 shall develop and implement a program for issuing grants 

13 to applicants, on a competitive basis, for the purpose of 

14 financing the capital projects included in the Northeast 

15 Corridor Priority Project List developed under subsection 

16 (c). 

17 ‘‘(b) DEFINITIONS.—In this section, the following 

18 definitions apply: 

19 ‘‘(1) APPLICANT.—The term ‘applicant’ means 

20 a State (including the District of Columbia), a group 

21 of States, an Interstate Compact, or a public agency 

22 established by one or more States and having re23 sponsibility for providing intercity passenger or com24 muter rail service. 


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1 ‘‘(2) MAJOR STATE-OF-GOOD-REPAIR

2 PROJECT.—The term ‘major state-of-good-repair 

3 project’ means a capital project primarily intended 

4 to replace, rehabilitate or repair major Northeast 

5 Corridor infrastructure assets utilized for providing 

6 intercity rail passenger transportation, including 

7 tunnels, bridges, stations, and other assets as deter8 mined by the Secretary. 

9 ‘‘(3) IMPROVEMENT PROJECT.—The term ‘im10 provement project’ means a capital project primarily 

11 intended to improve intercity passenger rail perform12 ance on the Northeast Corridor, including reduced 

13 trip times, increased train frequencies, higher oper14 ating speeds, and other improvements as determined 

15 by the Secretary. 

16 ‘‘(c) NORTHEAST CORRIDOR PRIORITY PROJECT

17 LIST.—The Northeast Corridor Infrastructure and Oper18 ations Advisory Commission, established under section 

19 24905, shall develop and approve a Northeast Corridor 

20 Priority Project List that shall include— 

21 ‘‘(1) a list of prioritized individual major state22 of-good-repair projects and improvement projects 

23 along the Northeast Corridor that— 

24 ‘‘(A) can be completed based on— 


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1 ‘‘(i) the funding authorized under sec2 tion 103(b) of the Passenger Rail Reform 

3 and Investment Act of 2015; 

4 ‘‘(ii) any subsequent applicable au5 thorization in effect; 

6 ‘‘(iii) in the absence of such an au7 thorization, a 5-year funding amount based 

8 on the most recent appropriation; or 

9 ‘‘(iv) the requirements of subsection 

10 (d); and 

11 ‘‘(B) are consistent with the Northeast 

12 Corridor capital investment plan required under 

13 section 24911(a); 

14 ‘‘(2) an identification of the applicant for each 

15 individual project; 

16 ‘‘(3) an identification of the sources of non17 Federal matching funds for each project; and 

18 ‘‘(4) a description of the benefits each project 

19 will bring to intercity rail passenger services. 

20 ‘‘(d) USE OF FUNDS.—The Federal grants author21 ized under this section shall be for no more than 50 per22 cent of the net project cost of the project involved. 

23 ‘‘(e) APPLICABILITY OF CAPITAL GRANT REQUIRE24 MENTS.—Except as specifically provided in this section, 

25 the use of any amounts appropriated for grants under this 


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1 section shall be subject to the requirements of this chap2 ter. 

3 ‘‘(f) MATCH REQUIREMENTS.—No grants may be ob4 ligated to an applicant under this section unless the appli5 cant has transmitted to the Secretary of Transportation 

6 a binding written commitment to provide all amounts nec7 essary for the purpose of matching Federal contributions 

8 as required by this section. 

9 ‘‘(g) UPDATES TO LIST.—The Northeast Corridor 

10 Infrastructure and Operations Advisory Commission shall 

11 revise the NEC Priority Project List as necessary to re12 flect— 

13 ‘‘(1) any differences in the availability of Fed14 eral funding from the levels assumed for purposes of 

15 subsection (c)(1)(A) (i) and (ii); 

16 ‘‘(2) any elimination or addition of projects; 

17 and 

18 ‘‘(3) any reduction or increase in benefits to be 

19 derived from a project. 

20 ‘‘(h) AVAILABILITY.—Amounts appropriated for car21 rying out this section shall remain available until ex22 pended. 

23 ‘‘(i) SAVINGS CLAUSE.—Nothing in this section shall 

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1 trak for the use of Amtrak facilities or services pursuant 

2 to section 24905(c). 

3 ‘‘(j) DEFINITION.—For purposes of this section, the 

4 term ‘Northeast Corridor’ means the Northeast Corridor 

5 main line between Boston, Massachusetts, and the District 

6 of Columbia, and the Northeast Corridor branch lines con7 necting to Harrisburg, Pennsylvania, Springfield, Massa8 chusetts, and Spuyten Duyvil, New York, and facilities 

9 and services used to operate and maintain those lines.’’. 

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions for chapter 244 of title 49, United States Code, is 

12 amended by adding at the end the following new item: 

‘‘24407. Federal-State partnership for Northeast Corridor rehabilitation and improvement.’’. 

13 SEC. 302. RRIF IMPROVEMENTS. 

14 (a) REGULATIONS.—Not later than 1 year after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation shall issue regulations implementing the amend17 ments made by this section. 

18 (b) COLLATERAL.—Section 502(h)(2) of the Railroad 

19 Revitalization and Regulatory Reform Act of 1976 (45 

20 U.S.C. 822(h)(2)) is amended— 

21 (1) by striking ‘‘(2) The Secretary’’ and insert22 ing ‘‘(2)(A) The Secretary’’; 

23 (2) by inserting ‘‘The Secretary may subordi24 nate rights of the Secretary under any provision of 


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1 title 49 or title 23 of the United States Code, to the 

2 rights of the Secretary under this section and sec3 tion 503.’’ after ‘‘from another source.’’; and 

4 (3) by adding at the end the following new sub5 paragraph: 

6 ‘‘(B) The Secretary shall, for purposes of making a 

7 finding under subsection (g)(4), accept the net present 

8 value on a future stream of State or local subsidy income 

9 or dedicated revenue as collateral offered to secure the 

10 loan.’’. 

11 (c) OFFICE OF MANAGEMENT AND BUDGET RE12 VIEW.—Section 502(i) of such Act (45 U.S.C. 822(i)) is 

13 amended by inserting ‘‘In order to enable compliance with 

14 such time limit, the Office of Management and Budget 

15 shall take any actions required with respect to the applica16 tion within such 90-day period.’’ after ‘‘disapprove the ap17 plication.’’. 

18 (d) RRIF APPLICATION.—Section 502(i) of such Act 

19 (45 U.S.C. 822(i)) is further amended— 

20 (1) by striking ‘‘DISAPPROVAL.—Not later than 

21 90 days after receiving’’ and inserting ‘‘DIS22 APPROVAL.— 

23 ‘‘(1) IN GENERAL.—Not later than 90 days 

24 after an application is determined pursuant to para25 graph (2) to be’’; and 


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1 (2) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(2) COMPLETION OF APPLICATION.—The Sec4 retary shall establish procedures for making a deter5 mination, not later than 45 days after submission of 

6 an application under this section, whether the appli7 cation is complete. Such procedures shall— 

8 ‘‘(A) provide for a checklist of the required 

9 components of a complete application; 

10 ‘‘(B) require the Secretary to provide to 

11 the applicant a description of the specific com12 ponents of the application that remain incom13 plete if an application is determined to be in14 complete; and 

15 ‘‘(C) permit reapplication without preju16 dice for applications determined to be incom17 plete. 

18 ‘‘(3) INDEPENDENT FINANCIAL ANALYST.—The 

19 Secretary shall assign an independent financial ana20 lyst within 45 days of submittal of a complete appli21 cation.’’. 

22 (e) POSITIVE TRAIN CONTROL.—Section 502(c)(1) of 

23 such Act (45 U.S.C. 822(c)(1)) is amended by inserting 

24 ‘‘, including projects for the installation of a positive train 


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1 control (as defined in section 20157(i) of title 49, United 

2 States Code) system’’ after ‘‘public safety’’. 

3 (f) REPORT TO CONGRESS.—Section 502 of such Act 

4 (45 U.S.C. 822) is further amended by adding at the end 

5 the following new subsection: 

6 ‘‘(k) REPORT TO CONGRESS.—Not later than 1 year 

7 after the date of enactment of the Passenger Rail Reform 

8 and Investment Act of 2015, and annually thereafter, the 

9 Secretary shall transmit to Congress a report on the pro10 gram under this section that provides information on loans 

11 approved and disapproved by the Secretary during the pre12 vious year. Such report shall not disclose the identity of 

13 direct loan or loan guarantee recipients. The report shall 

14 describe— 

15 ‘‘(1) the number of pre-application meetings 

16 with potential applicants; 

17 ‘‘(2) the number of applications received and 

18 determined complete under subsection (i)(2), includ19 ing the requested loan amounts; 

20 ‘‘(3) the dates of receipt of applications; 

21 ‘‘(4) the dates applications were determined 

22 complete under subsection (i)(2); 

23 ‘‘(5) the number of applications determined in24 complete under subsection (i)(2); 


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1 ‘‘(6) the final decision dates for both approvals 

2 and disapprovals of applications; 

3 ‘‘(7) the number of applications withdrawn 

4 from consideration; and 

5 ‘‘(8) the annual loan portfolio asset quality.’’. 

6 SEC. 303. NEC FAST FORWARD. 

7 (a) NORTHEAST CORRIDOR AUTHORITY.—Section 

8 502(d) of the Railroad Revitalization and Regulatory Re9 form Act of 1976 (45 U.S.C. 822(d)) is amended by in10 serting ‘‘40 percent shall be available solely for projects 

11 described in subsection (l)(1), and’’ after ‘‘Of this 

12 amount,’’. 

13 (b) NORTHEAST CORRIDOR FAST FORWARD PRO14 GRAM.—Section 502 of such Act is further amended by 

15 adding at the end the following new subsection: 

16 ‘‘(l) NORTHEAST CORRIDOR FAST FORWARD.— 

17 ‘‘(1) PURPOSE.—The Secretary, as part of the 

18 Railroad Rehabilitation and Improvement Financing 

19 program, shall provide direct loans and loan guaran20 tees to eligible entities described in subsection (a) 

21 for capital projects to improve the Northeast Cor22 ridor (as used in section 24911 of title 49, United 

23 States Code). 


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1 ‘‘(2) COLLATERAL.—Loans made or guaranteed 

2 under this subsection shall require collateral equal to 

3 the loan amount requested. 

4 ‘‘(3) INVESTMENT GRADE RATING.—A direct 

5 loan or loan guarantee shall be made under this sub6 section only if a rating agency has assigned an in7 vestment grade rating of BBB minus, Baa3, bbb 

8 minus, BBB (low), (or equivalent) or higher to the 

9 project obligation. For purposes of this paragraph, 

10 the term ‘rating agency’ means a credit rating agen11 cy registered with the Securities and Exchange Com12 mission as a nationally recognized statistical rating 

13 organization (as that term is defined in section 3(a) 

14 of the Securities Exchange Act of 1934 (15 U.S.C. 

15 78c(a))). 

16 ‘‘(4) INCLUSION IN NEC PLANNING.—Loans 

17 and loan guarantees made under this subsection 

18 shall be for projects that are included in the most 

19 recent 5-year budget and business plan prepared 

20 pursuant to section 24911(a) of title 49, United 

21 States Code. 

22 ‘‘(5) REFINANCING.—Loans made or guaran23 teed under this subsection shall not be used for the 

24 refinancing of outstanding debt incurred. 


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1 ‘‘(6) COHORT OF LOANS.—Subsection (f)(4) 

2 shall not apply to loans made or guaranteed under 

3 this subsection.’’. 

4 (c) REPORT ON LEVERAGING RRIF.—Not later than 

5 180 days after the date of enactment of this Act, the 

6 Comptroller General shall transmit to the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives and the Committee on Commerce, Science, 

9 and Transportation of the Senate a report identifying po10 tential revenue sources, projects, and service improve11 ments that could be achieved by the amendments made 

12 by subsections (a) and (b). 

13 (d) CONDITIONS OF FUNDING.— 

14 (1) GRANTS.—Section 24405 of title 49, United 

15 States Code, is amended— 

16 (A) by striking ‘‘15 days’’ and inserting 

17 ‘‘30 days’’ in subsection (a)(4)(B); and 

18 (B) in subsection (a), by adding at the end 

19 the following: 

20 ‘‘(12) Not later than 1 year after the date of enact21 ment of the Passenger Rail Reform and Investment Act 

22 of 2015, and annually thereafter, the Secretary shall 

23 transmit to the Committee on Commerce, Science, and 

24 Transportation of the Senate and the Committee on 

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1 resentatives a report listing any waiver issued under this 

2 section during the preceding year.’’. 

3 (2) RRIF.—Section 502(h)(3) of the Railroad 

4 Revitalization and Regulatory Reform Act of 1976 

5 (45 U.S.C. 822(h)(3)) is amended— 

6 (A) by striking ‘‘and’’ at the end of sub7 paragraph (A); 

8 (B) by striking the period at the end of 

9 subparagraph (B) and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(C) the requirements of section 24405(a) of 

12 title 49, United States Code.’’. 

13 SEC. 304. LARGE CAPITAL PROJECT REQUIREMENTS. 

14 Section 24402 of title 49, United States Code, is 

15 amended by adding at the end the following subsection: 

16 ‘‘(m) LARGE CAPITAL PROJECT REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—For a grant awarded under 

18 this chapter for an amount in excess of 

19 $1,000,000,000, the following conditions shall apply: 

20 ‘‘(A) The Secretary of Transportation shall 

21 not obligate any funding unless the applicant 

22 demonstrates to the satisfaction of the Sec23 retary that it has committed and will be able to 

24 fulfill the non-Federal share required for the 


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1 grant within the applicant’s proposed project 

2 completion timetable. 

3 ‘‘(B) The Secretary shall not obligate any 

4 funding for work activities that occur after the 

5 completion of final design unless— 

6 ‘‘(i) the applicant transmits to the 

7 Secretary a financial plan that generally 

8 identifies the sources of the non-Federal 

9 funding required for any subsequent seg10 ments or phases of the corridor service de11 velopment program covering the project for 

12 which the grant is made; 

13 ‘‘(ii) the grant will result in a useable 

14 segment, a transportation facility, or 

15 equipment, that has operational independ16 ence; and 

17 ‘‘(iii) the intercity passenger rail bene18 fits anticipated to result from the grant, 

19 such as increased speed, improved on-time 

20 performance, reduced trip time, increased 

21 frequencies, new service, safety improve22 ments, improved accessibility, or other sig23 nificant enhancements are detailed by the 

24 grantee and approved by the Secretary. 


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1 ‘‘(C) The Secretary shall ensure that the 

2 project is maintained to the level of utility that 

3 is necessary to support the benefits approved 

4 under subparagraph (B)(iii) for a period of 20 

5 years from the date the useable segment, trans6 portation facility, or equipment described in 

7 subparagraph (B)(ii) is placed in service. If the 

8 project property is not maintained as required 

9 by this subparagraph for a period of time in ex10 cess of 12 months, then a pro-rata share of the 

11 Federal contribution, based upon the percent12 age remaining of the 20-year period that com13 menced when the project property was placed in 

14 service, shall be refunded. 

15 ‘‘(2) EARLY WORK.—The Secretary may allow a 

16 grantee subject to this subsection to engage in at17 risk work activities subsequent to the conclusion of 

18 final design where the Secretary determines that 

19 such work activities are reasonable and necessary.’’. 

20 SEC. 305. SMALL BUSINESS PARTICIPATION STUDY. 

21 (a) STUDY.—The Secretary of Transportation shall 

22 conduct a nationwide disparity and availability study on 

23 the availability and use of small business concerns owned 

24 and controlled by socially and economically disadvantaged 

25 individuals in publically funded intercity rail passenger 


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1 transportation (as defined in section 24102 of title 49, 

2 United States Code) projects administered by the Federal 

3 Railroad Administration. 

4 (b) REPORT.—Not later than 2 years after the date 

5 of enactment of this Act, the Secretary shall transmit to 

6 the Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate a report 

9 containing the results of the study conducted under sub10 section (a). 

11 (c) DEFINITIONS.—In this section: 

12 (1) SMALL BUSINESS CONCERN.— 

13 (A) IN GENERAL.—The term ‘‘small busi14 ness concern’’ means a small business concern 

15 as the term is used in section 3 of the Small 

16 Business Act (15 U.S.C. 632). 

17 (B) EXCLUSIONS.—The term ‘‘small busi18 ness concern’’ does not include any concern or 

19 group of concerns controlled by the same so20 cially and economically disadvantaged individual 

21 or individuals that have average annual gross 

22 receipts during the preceding 3 fiscal years in 

23 excess of $22,410,000, as adjusted annually by 

24 the Secretary for inflation. 


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1 (2) SOCIALLY AND ECONOMICALLY DISADVAN2 TAGED INDIVIDUAL.—The term ‘‘socially and eco3 nomically disadvantaged individual’’ has the mean4 ing given the term in section 8(d) of the Small Busi5 ness Act (15 U.S.C. 637(d)) and relevant subcon6 tracting regulations issued pursuant to that Act, ex7 cept that women shall be presumed to be socially 

8 and economically disadvantaged individuals for pur9 poses of this section. 

10 (d) FUNDING.—Of the total amount made available 

11 to the Office of the Secretary of the Department of Trans12 portation and the Federal Railroad Administration, for 

13 each of fiscal years 2016 and 2017, $3,000,000 shall be 

14 used to implement the requirements of this section. 

15 SEC. 306. GULF COAST RAIL SERVICE WORKING GROUP. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of enactment of this Act, the Federal Railroad Ad18 ministration shall convene a working group to evaluate the 

19 restoration of intercity rail passenger service in the Gulf 

20 Coast region between New Orleans, Louisiana, and Or21 lando, Florida. 

22 (b) MEMBERSHIP.—The working group shall consist 

23 of representatives of— 

24 (1) Amtrak; 


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1 (2) the States along the proposed route or 

2 routes; 

3 (3) regional transportation planning organiza4 tions and metropolitan planning organizations, mu5 nicipalities, and communities along the proposed 

6 route or routes, selected by the Administrator of the 

7 Federal Railroad Administration; 

8 (4) the Southern Rail Commission; 

9 (5) freight railroad carriers whose tracks may 

10 be used for such service; and 

11 (6) other entities determined appropriate by the 

12 Administrator. 

13 (c) RESPONSIBILITIES.—The working group shall— 

14 (1) evaluate all options for restoring intercity 

15 rail passenger service in the Gulf Coast region, in16 cluding options outlined in the report transmitted to 

17 Congress pursuant to section 226 of the Passenger 

18 Rail Investment and Improvement Act of 2008 

19 (Public Law 110–432); 

20 (2) select a preferred option for restoring such 

21 service; 

22 (3) develop a prioritized inventory of capital 

23 projects and other actions required to restore such 

24 service and cost estimates for such projects or ac25 tions; and 


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1 (4) identify Federal and non-Federal funding 

2 sources required to restore such service, including 

3 options for entering into public-private partnerships 

4 to restore such service. 

5 (d) REPORT.—Not later than 9 months after the date 

6 of enactment of this Act, the working group shall transmit 

7 to the Committee on Transportation and Infrastructure 

8 in the House of Representatives and the Committee on 

9 Commerce, Science, and Transportation in the Senate a 

10 report that includes— 

11 (1) the preferred option selected under sub12 section (c)(2) and the reasons for selecting such op13 tion; 

14 (2) the information described in subsection 

15 (c)(3); 

16 (3) the funding sources identified under sub17 section (c)(4); 

18 (4) the costs and benefits of restoring intercity 

19 rail passenger transportation in the region; and 

20 (5) any other information the working group 

21 determines appropriate. 

22 SEC. 307. MISCELLANEOUS. 

23 (a) TITLE 49 AMENDMENTS.—Title 49, United 

24 States Code, is amended— 


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1 (1) in section 22106(b), by striking ‘‘interest 

2 thereof’’ and inserting ‘‘interest thereon’’; 

3 (2) in section 24101(b), by striking ‘‘subsection 

4 (d)’’ and inserting ‘‘subsection (c)’’; and 

5 (3) in section 24706— 

6 (A) in subsection (a)(1), by striking ‘‘a dis7 continuance under section 24704 or or’’; 

8 (B) in subsection (a)(2), by striking ‘‘sec9 tion 24704 or’’; and 

10 (C) in subsection (b), by striking ‘‘section 

11 24704 or’’. 

12 (b) TABLE OF SECTIONS AMENDMENT.—The item 

13 relating to section 24316 in the table of sections for chap14 ter 243 of such title is amended by striking ‘‘Plan to as15 sist’’ and inserting ‘‘Plans to address needs of’’. 

16 (c) PASSENGER RAIL INVESTMENT AND IMPROVE17 MENT ACT AMENDMENTS.—Section 305 of the Passenger 

18 Rail Investment and Improvement Act of 2008 (49 U.S.C. 

19 24101 note) is amended— 

20 (1) in subsection (a), by inserting after ‘‘equip21 ment manufacturers,’’ the following: ‘‘nonprofit or22 ganizations representing employees who perform 

23 overhaul and maintenance of passenger railroad 

24 equipment,’’; 


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1 (2) in subsection (c), by striking ‘‘, and may es2 tablish a corporation, which may be owned or joint3 ly-owned by Amtrak, participating States, or other 

4 entities, to perform these functions’’; and 

5 (3) in subsection (e), by striking ‘‘and estab6 lishing a jointly-owned corporation to manage that 

7 equipment’’. 

8 TITLE IV—PROJECT DELIVERY 

9 SEC. 401. PROJECT DELIVERY RULEMAKING. 

10 (a) RULEMAKING.—Not later than 1 year after the 

11 date of enactment of this Act, the Secretary shall begin 

12 a rulemaking to govern the Federal review, permitting, 

13 and approval or disapproval of— 

14 (1) freight railroad and intercity rail passenger 

15 transportation infrastructure projects, including 

16 those that are carried out or planned to be carried 

17 out with the use of Federal funds administered by 

18 the Department of Transportation through a grant, 

19 contract, loan, or other financing instrument; and 

20 (2) commuter rail passenger transportation (as 

21 defined in section 24102(3) of title 49, United 

22 States Code) infrastructure projects that are funded 

23 in whole or in part through a direct loan or loan 

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1 tion and Regulatory Reform Act of 1976 (45 U.S.C. 

2 801 et seq.). 

3 (b) DEADLINE.—The Secretary shall complete the 

4 rulemaking required under subsection (a) not later than 

5 2 years after the date of enactment of this Act. 

6 (c) REQUIREMENTS AND CONSIDERATIONS.—The 

7 rulemaking under subsection (a) shall include procedures 

8 that— 

9 (1) reduce the aggregate time for review and 

10 permitting of infrastructure projects described under 

11 subsection (a) while preserving existing statutory re12 quirements for public comment or assessing the im13 pact of a proposed project; 

14 (2) institutionalize or expand best practices or 

15 process improvements that agencies are already im16 plementing to improve the efficiency of reviews; 

17 (3) identify high-performance attributes of in18 frastructure projects described under subsection (a) 

19 that demonstrate how projects seek to advance exist20 ing statutory and policy objectives, thereby facili21 tating a more efficient review and permitting proc22 ess; 

23 (4) create a process to invite Federal agencies 

24 and State, local, and tribal governments to partici25 pate in the review process, expand coordination with 


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1 such agencies and governments, and require the 

2 identification as early as practicable in the process 

3 of any— 

4 (A) Federal agency or State, local, or trib5 al government with jurisdiction over the project 

6 or required by law to conduct or issue a review 

7 or make a determination with regard to the 

8 project; and 

9 (B) review, analysis, opinion, and permit, 

10 license, or approval required for the project; 

11 (5) create process efficiencies, including— 

12 (A) designating Federal agencies and 

13 State, local, and tribal governments as cooper14 ating and participating agencies; 

15 (B) conducting concurrent and integrated 

16 reviews, analyses, opinions, and permits, li17 censes, or approvals to the maximum extent 

18 practicable; 

19 (C) establishing timelines, in coordination 

20 with affected Federal agencies, for completion 

21 of those reviews, analyses, opinions, and per22 mits, licenses, or approvals; 

23 (D) developing a coordination plan and 

24 schedule, in coordination with affected Federal 

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1 eral agencies, State, local, and tribal govern2 ments, and the public; and 

3 (E) implementing a process to effectively 

4 identify and resolve issues that may affect com5 pletion of reviews in a timely manner; 

6 (6) effectively engage the public and interested 

7 stakeholders as early in the review process as pos8 sible; 

9 (7) include opportunities to use existing share10 in-cost authorities and other nonappropriated fund11 ing sources to support early coordination and project 

12 review; 

13 (8) expand the use of information technology 

14 tools and identify priority areas for information 

15 technology investment to replace paperwork proc16 esses, enhance effective project siting decisions, en17 hance interagency collaboration, and improve the 

18 monitoring of project impacts and mitigation com19 mitments; 

20 (9) ensure that documents developed under the 

21 procedures are adopted and used by other Federal 

22 agencies, and State, local, and tribal governments, to 

23 the maximum extent practicable, to eliminate redun24 dancy and duplicative reviews; 


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1 (10) include improvements to mitigation policies 

2 to provide added predictability, facilitate landscape3 scale mitigation based on conservation plans and re4 gional environmental assessments, facilitate inter5 agency mitigation plans where appropriate, ensure 

6 accountability and long-term effectiveness of mitiga7 tion activities, and utilize innovative mechanisms 

8 where appropriate; and 

9 (11) develop a process for periodically consid10 ering expansion of categorical exclusions for infra11 structure projects described under subsection (a) 

12 that conform to those of other modal administra13 tions. 

14 SEC. 402. HISTORIC PRESERVATION OF RAILROADS. 

15 (a) IN GENERAL.—Not later than 12 months after 

16 the date of enactment of this Act, the Secretary, in con17 sultation with appropriate Federal agencies, including the 

18 Advisory Council on Historic Preservation, the National 

19 Conference of State Historic Preservation Officers, the 

20 National Association of Tribal Historic Preservation Offi21 cers, and nongovernmental stakeholders representing the 

22 railroad industry and historic preservation concerns, 

23 shall— 

24 (1) administratively pursue program alter25 natives (as that term is used in 36 C.F.R. 800.14) 


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1 to promote a consistent approach in the treatment 

2 of railroad and rail-related properties for historic 

3 preservation review under section 106 of the Na4 tional Historic Preservation Act (16 U.S.C. 470f); 

5 and 

6 (2) develop mechanisms for streamlining com7 pliance with the requirements of section 303 of title 

8 49, United States Code, for railroad and rail-related 

9 properties. 

10 (b) CONSIDERATIONS.—In carrying out subsection 

11 (a), the Secretary shall— 

12 (1) consider, among other options, the develop13 ment of— 

14 (A) programmatic agreements, program 

15 comments, exempted categories of under16 takings, and guidance for historic reviews under 

17 section 106 of the National Historic Preserva18 tion Act (as those terms are used in 36 C.F.R. 

19 800.14); and 

20 (B) programmatic evaluations, de minimis 

21 impact determinations, and regulatory guidance 

22 for reviews under section 303 of title 49, 

23 United States Code (as those terms are used in 

24 23 C.F.R. 774); and 

25 (2) take into account, at a minimum— 


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1 (A) maintenance and repair of railroad and 

2 rail-related property; 

3 (B) repair and replacement of bridges, 

4 structures, or facilities in a like-for-like manner, 

5 or when the bridge, structure, or facility is not 

6 a contributing element of a historic district; 

7 (C) safety-related projects, including in8 stallation, maintenance, and repair of positive 

9 train control systems; 

10 (D) management of railroad and rail-re11 lated properties that include both historic and 

12 non-historic components; 

13 (E) integration of reviews under section 

14 106 of the National Historic Preservation Act, 

15 reviews under section 303 of title 49, United 

16 States Code, and environmental reviews; and 

17 (F) consistency in treatment of railroads 

18 nationwide for historic preservation purposes. 

19 TITLE V—MISCELLANEOUS 

20 SEC. 501. DEFINITION. 

21 For purposes of this Act, the term ‘‘Secretary’’ 

22 means the Secretary of Transportation. 

23 SEC. 502. TITLE 49 DEFINITIONS. 

24 (a) TITLE 49 AMENDMENTS.—Section 24102 of title 

25 49, United States Code, is amended— 


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1 (1) by redesignating paragraphs (5) through 

2 (9) as paragraphs (7) through (11), respectively; 

3 (2) by inserting after paragraph (4) the fol4 lowing new paragraphs: 

5 ‘‘(5) ‘long-distance route’ means a route de6 scribed in subparagraph (C) of paragraph (7). 

7 ‘‘(6) ‘National Network’ includes long-distance 

8 routes and State-supported routes.’’; and 

9 (3) by adding at the end the following new 

10 paragraphs: 

11 ‘‘(12) ‘state-of-good-repair’ means a condition 

12 in which physical assets, both individually and as a 

13 system, are— 

14 ‘‘(A) performing at a level at least equal to 

15 that called for in their as-built or as-modified 

16 design specification during any period when the 

17 life cycle cost of maintaining the assets is lower 

18 than the cost of replacing them; and 

19 ‘‘(B) sustained through regular mainte20 nance and replacement programs. 

21 ‘‘(13) ‘State-supported route’ means a route de22 scribed in subparagraph (B) or (D) of paragraph 

23 (7), or in section 24702, that is operated by Amtrak, 

24 excluding those trains operated by Amtrak on the 

25 routes described in paragraph (7)(A).’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 217 of the 

2 Passenger Rail Investment and Improvement Act of 2008 

3 (49 U.S.C. 24702 note) is amended by striking 

4 ‘‘24102(5)(D)’’ and inserting ‘‘24102(7)(D)’’. 

Æ 


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