IB 

Union Calendar No. 469 

113TH CONGRESS 

2D SESSION H. R. 5449 

[Report No. 113–629] 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 11, 2014 

Mr. SHUSTER (for himself, Mr. RAHALL, Mr. DENHAM, and Ms. BROWN of 

Florida) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

DECEMBER 1, 2014 

Additional sponsors: Mr. HANNA, Mr. GIBBS, Mrs. MILLER of Michigan, Mr. 

COBLE, and Mr. WILLIAMS

DECEMBER 1, 2014 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Omit the part struck through and insert the part printed in italic] 

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A BILL 

To reauthorize Federal support for passenger rail programs, 

and for other purposes. 

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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 2014’’. 

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. 

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 

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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 sec8 tion 24319(a)(1) of title 49, United States Code (as added 

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

10 (1) For fiscal year 2015, $439,000,000. 

11 (2) For fiscal year 2016, $464,000,000. 

12 (3) For fiscal year 2017, $480,000,000. 

13 (4) For fiscal year 2018, $498,000,000. 

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

15 be appropriated to the Secretary for the use of Amtrak 

16 for deposit into the National Network account established 

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

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

19 amounts: 

20 (1) For fiscal year 2015, $973,000,000. 

21 (2) For fiscal year 2016, $974,000,000. 

22 (3) For fiscal year 2017, $985,000,000. 

23 (4) For fiscal year 2018, $997,000,000. 

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1 (c) PROJECT MANAGEMENT OVERSIGHT.—The Sec2 retary may withhold up to $2,000,000 of the amount ap3 propriated pursuant to subsection (a), and up to 

4 $2,000,000 of the amount appropriated pursuant to sub5 section (b), for the costs of management oversight of Am6 trak. 

7 SEC. 102. AUTHORIZATION FOR AMTRAK OFFICE OF THE 

8 INSPECTOR GENERAL. 

9 There are authorized to be appropriated to the Sec10 retary for the Office of the Inspector General of Amtrak 

11 the following amounts: 

12 (1) For fiscal year 2015, $23,000,000. 

13 (2) For fiscal year 2016, $24,000,000. 

14 (3) For fiscal year 2017, $24,000,000. 

15 (4) For fiscal year 2018, $25,000,000. 

16 SEC. 103. NATIONAL INFRASTRUCTURE INVESTMENTS. 

17 (a) IN GENERAL.—There are authorized to be appro18 priated to the Secretary for capital grants under chapter 

19 244 of title 49, United States Code, the following 

20 amounts: 

21 (1) For fiscal year 2015, $300,000,000. 

22 (2) For fiscal year 2016, $300,000,000. 

23 (3) For fiscal year 2017, $300,000,000. 

24 (4) For fiscal year 2018, $300,000,000. 

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1 (b) FEDERAL-STATE PARTNERSHIP FOR NORTHEAST

2 CORRIDOR DEVELOPMENT AND IMPROVEMENT.—Of the 

3 amounts authorized to be appropriated under subsection 

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

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

6 as added by section 301 of this Act. 

7 (c) PROJECT MANAGEMENT OVERSIGHT.—The Secretary may withhold up to 1 8 ⁄2 of 1 percent of amounts 

9 appropriated pursuant to chapter 244 of title 49, United 

10 States Code, for the costs of project management over11 sight of capital projects carried out pursuant to such chap12 ter. 

13 SEC. 104. NORTHEAST CORRIDOR. 

14 For purposes of this title, the term ‘‘Northeast Cor15 ridor’’ means the Northeast Corridor main line between 

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

17 facilities and services used to operate and maintain that 

18 line. 

19 TITLE II—AMTRAK REFORM 

20 SEC. 201. AMTRAK PLANNING AND GRANT PROCESS. 

21 (a) REQUIREMENTS AND PROCEDURES.— 

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

23 United States Code, is amended by adding at the 

24 end the following new sections: 

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1 ‘‘§ 24317. Costs and revenues 

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

3 date of enactment of the Passenger Rail Reform and In4 vestment Act of 2014, Amtrak shall establish and main5 tain internal controls to ensure Amtrak’s costs and reve6 nues are allocated to either the Northeast Corridor or the 

7 National Network, including proportional shares of com8 mon and fixed costs. 

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

10 term ‘Northeast Corridor’ means the Northeast Corridor 

11 main line between Boston, Massachusetts, and the District 

12 of Columbia, and facilities and services used to operate 

13 and maintain that line. 

14 ‘‘§ 24318. Grant process 

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

16 later than 30 days after the date of enactment of the Pas17 senger Rail Reform and Investment Act of 2014, the Sec18 retary of Transportation shall establish and transmit to 

19 the Committee on Transportation and Infrastructure and 

20 the Committee on Appropriations of the House of Rep21 resentatives and the Committee on Commerce, Science, 

22 and Transportation and the Committee on Appropriations 

23 of the Senate substantive and procedural requirements, in24 cluding schedules, for grant requests under this section. 

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

2 grant requests for Federal funds to be appropriated to the 

3 Secretary for the use of Amtrak to— 

4 ‘‘(1) the Secretary; and 

5 ‘‘(2) the Committee on Transportation and In6 frastructure and the Committee on Appropriations 

7 of the House of Representatives and the Committee 

8 on Commerce, Science, and Transportation and the 

9 Committee on Appropriations of the Senate. 

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

11 (b) shall— 

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

13 upcoming fiscal year for the Northeast Corridor, 

14 State-supported routes, and long-distance routes, in15 cluding projections for the items listed in 

16 24320(c)(1), as applicable, in comparison to prior 

17 fiscal year projections; 

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

19 funded, along with cost estimates and an estimated 

20 timetable for completion of the projects covered by 

21 the request; 

22 ‘‘(3) include an assessment of the continuing fi23 nancial stability of Amtrak; 

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

2 reasonable timeframe following its submission to the 

3 entities described in subsection (b); and 

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

5 those submitted by executive agencies of the Federal 

6 Government. 

7 ‘‘(d) REVIEW AND APPROVAL.— 

8 ‘‘(1) 30-DAY APPROVAL PROCESS.—The Sec9 retary shall complete the review of a grant request 

10 and approve or disapprove the request not later than 

11 30 days after the date on which Amtrak submits the 

12 grant request. If the Secretary disapproves the re13 quest or determines that the request is incomplete or 

14 deficient, the Secretary shall include the reason for 

15 disapproval or the incomplete items or deficiencies in 

16 a notice to Amtrak. 

17 ‘‘(2) 15-DAY MODIFICATION PERIOD.—Not later 

18 than 15 days after receiving notification from the 

19 Secretary under paragraph (1), Amtrak shall submit 

20 a modified request for the Secretary’s review. 

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

22 days after receiving a modified request from Am23 trak, the Secretary shall either approve the modified 

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

25 is still incomplete or deficient, the Secretary shall 

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1 identify in writing to the Committee on Transpor2 tation and Infrastructure and the Committee on Ap3 propriations of the House of Representatives and the 

4 Committee on Commerce, Science, and Transpor5 tation and the Committee on Appropriations of the 

6 Senate the remaining deficiencies and recommend a 

7 process for resolving the outstanding portions of the 

8 request. 

9 ‘‘(e) PAYMENT TO AMTRAK.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), in each fiscal year for which amounts are 

12 authorized to be appropriated, amounts appropriated 

13 shall be paid to Amtrak as follows: 

14 ‘‘(A) 50 percent on October 1. 

15 ‘‘(B) 25 percent on January 1. 

16 ‘‘(C) 25 percent on April 1. 

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

18 payment to Amtrak of appropriated funds more fre19 quently than once every 90 days if Amtrak, for good 

20 cause, requests more frequent payment before a 90- 

21 day period ends. 

22 ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO23 PRIATIONS.—Amounts appropriated to the Secretary for 

24 the use of Amtrak shall remain available until expended. 

25 Amounts for capital acquisitions and improvements may 

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

2 which the amounts will be obligated. 

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

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

5 to subsidize operating losses of commuter rail passenger 

6 or rail freight transportation. 

7 ‘‘§ 24319. Accounts 

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

9 establish— 

10 ‘‘(1) a Northeast Corridor Improvement Fund 

11 account; and 

12 ‘‘(2) a National Network account. 

13 ‘‘(b) NORTHEAST CORRIDOR IMPROVEMENT FUND

14 ACCOUNT.— 

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

16 Northeast Corridor Improvement Fund account es17 tablished under subsection (a)(1)— 

18 ‘‘(A) grant funds appropriated for the 

19 Northeast Corridor Improvement Fund pursu20 ant to section 101(a) of the Passenger Rail Re21 form and Investment Act of 2014 or any subse22 quent Act; 

23 ‘‘(B) compensation received from com24 muter rail passenger transportation on the 

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1 Northeast Corridor provided to Amtrak pursu2 ant to section 24905(c); and 

3 ‘‘(C) any operating surplus of the North4 east Corridor, as allocated pursuant to section 

5 24317. 

6 ‘‘(2) USE OF NORTHEAST CORRIDOR IMPROVE7 MENT FUND ACCOUNT.—Except as provided in sub8 section (d), amounts deposited in the Northeast Cor9 ridor Improvement Fund account shall be made 

10 available for the use of Amtrak for— 

11 ‘‘(A) capital projects described in section 

12 24401(2) (A) or (B) to bring the Northeast 

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

14 projects described in section 

15 24906(a)(2)(E)(i)(I); 

16 ‘‘(B) capital projects intended to increase 

17 corridor capacity, improve service reliability, 

18 and reduce travel time for rail users on the 

19 Northeast Corridor, including projects described 

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

21 24906(a)(2)(E)(i), consistent with the planning 

22 process established under section 24906; and 

23 ‘‘(C) retirement of principal and payment 

24 of interest on loans for capital equipment, or 

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1 capital leases, attributable to the Northeast 

2 Corridor. 

3 ‘‘(c) NATIONAL NETWORK ACCOUNT.— 

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

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

6 ‘‘(A) grant funds appropriated for the Na7 tional Network pursuant to section 101(b) of 

8 the Passenger Rail Reform and Investment Act 

9 of 2014, or any subsequent Act; 

10 ‘‘(B) compensation received from States 

11 provided to Amtrak pursuant to section 209 of 

12 the Passenger Rail Investment and Improve13 ment Act of 2008 (42 U.S.C. 24101 note); and 

14 ‘‘(C) any operating surplus from the Na15 tional Network, as allocated pursuant to section 

16 24317. 

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

18 Except as provided in subsection (d), amounts de19 posited in the National Network account shall be 

20 made available for the use of Amtrak for capital ex21 penses and operating costs of the National Network 

22 and retirement of principal and payment of interest 

23 on loans for capital equipment, or capital leases, at24 tributable to the National Network. 

25 ‘‘(d) TRANSFER AUTHORITY.— 

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

2 funds appropriated pursuant to the Passenger Rail 

3 Reform and Investment Act of 2014 or any other 

4 Act, or any surplus generated by operations, between 

5 the Northeast Corridor Improvement Fund and Na6 tional Network accounts upon the expiration of 60 

7 days after Amtrak has notified the Amtrak Board of 

8 Directors of such transfer. 

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

10 the Amtrak Board of Directors receives notification 

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

12 transmit a report to the Secretary, the Committee 

13 on Transportation and Infrastructure and the Com14 mittee on Appropriations of the House of Represent15 atives, and the Committee on Commerce, Science, 

16 and Transportation and the Committee on Appro17 priations of the Senate, that includes— 

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

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

20 for the transfer, including effects on Amtrak 

21 services if no transfer were made. 

22 ‘‘(e) LETTERS OF INTENT.— 

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

24 a letter of intent to Amtrak announcing an intention 

25 to obligate, for a major capital project described in 

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1 subclauses (II) and (III) of section 

2 24906(a)(2)(E)(i), an amount from future available 

3 budget authority specified in law that is not more 

4 than the amount stipulated as the financial partici5 pation of the Secretary in the project. 

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

7 before issuing a letter under paragraph (1), the Sec8 retary shall notify in writing the Committee on 

9 Transportation and Infrastructure and the Com10 mittee on Appropriations of the House of Represent11 atives, and the Committee on Commerce, Science, 

12 and Transportation and the Committee on Appro13 priations of the Senate, of the proposed letter. The 

14 Secretary shall include with the notification a copy 

15 of the proposed letter, the criteria used for selecting 

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

17 how the project meets criteria of this section. 

18 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

19 COMMITMENT.—An obligation or administrative 

20 commitment may be made only when amounts are 

21 appropriated. The letter of intent shall state that the 

22 contingent commitment is not an obligation of the 

23 Federal Government, and is subject to the avail24 ability of appropriations under Federal law and to 

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1 Federal laws in force or enacted after the date of 

2 the contingent commitment. 

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

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

5 procurements, Amtrak shall submit a business case anal6 ysis to the Secretary, the Committee on Transportation 

7 and Infrastructure and the Committee on Appropriations 

8 of the House of Representatives, and the Committee on 

9 Commerce, Science, and Transportation and the Com10 mittee on Appropriations of the Senate, on the utility of 

11 such purchase. This analysis shall— 

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

13 describes the total lifecycle costs and the anticipated 

14 benefits related to revenue, operational efficiency, re15 liability, and other factors; 

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

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

18 funding for each payment, including Federal funds, 

19 State funds, Amtrak profits, Federal, State, or pri20 vate loans or loan guarantees, and other funding; 

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

22 contract will increase Amtrak’s grant request, as re23 quired under section 24318, in that particular fiscal 

24 year; and 

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1 ‘‘(5) describe how Amtrak will adjust the pro2 curement if future funding is not available.’’. 

3 (2) TABLE OF SECTIONS AMENDMENT.—The 

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

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

6 following new items: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 

7 (b) NORTHEAST CORRIDOR PLANNING.— 

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

9 United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 24906. Northeast Corridor planning 

12 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

13 PLAN.— 

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

15 months after the date of enactment of the Passenger 

16 Rail Reform and Investment Act of 2014, and annu17 ally thereafter, the Northeast Corridor Infrastruc18 ture and Operations Advisory Commission estab19 lished under section 24905 (referred to in this sec20 tion as the ‘Commission’) shall develop a capital in21 vestment plan for the Northeast Corridor main line 

22 between Boston, Massachusetts, and the District of 

23 Columbia, and the Northeast Corridor branch lines 

24 connecting to Harrisburg, Pennsylvania, Springfield, 

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1 Massachusetts, and Spuyten Duyvil, New York, and 

2 facilities and services used to operate and maintain 

3 those lines. 

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

5 ‘‘(A) be developed to establish a coordi6 nated approach to capital spending on the 

7 Northeast Corridor; 

8 ‘‘(B) cover a period of 5 fiscal years, be9 ginning with the first fiscal year after the date 

10 of the plan; 

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

12 prioritize projects and investments along the 

13 Northeast Corridor based on— 

14 ‘‘(i) the anticipated benefits and costs 

15 of projects; 

16 ‘‘(ii) the anticipated Federal and non17 Federal funding available; and 

18 ‘‘(iii) the information contained in the 

19 Northeast Corridor asset management 

20 plans required under subsection (b), once 

21 available; 

22 ‘‘(D) ensure coordination and optimization 

23 across the entire Northeast Corridor and among 

24 the various owners and users; 

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1 ‘‘(E) include a financial plan for the in2 vestment period that— 

3 ‘‘(i) categorizes each capital project as 

4 being primarily associated with— 

5 ‘‘(I) normalized capital replace6 ment; 

7 ‘‘(II) replacement, rehabilitation, 

8 or repair of Northeast Corridor infra9 structure assets, including tunnels, 

10 bridges, stations, and other assets; or 

11 ‘‘(III) improvement of train per12 formance on the Northeast Corridor, 

13 including reduced trip times, in14 creased train frequencies, higher oper15 ating speeds, and other improvements; 

16 ‘‘(ii) identifies the anticipated funding 

17 source and financing method for each cap18 ital project described in subclauses (II) 

19 and (III) of clause (i); 

20 ‘‘(iii) describes the anticipated out21 comes of each project, including— 

22 ‘‘(I) an assessment of the poten23 tial effect on passenger accessibility, 

24 operations, safety, reliability, and re25 siliency, and on the ability of inframstockstill on DSK4VPTVN1PROD with BILLS

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1 structure owners and operators to 

2 meet regulatory requirements should 

3 the project not be funded; and 

4 ‘‘(II) an assessment of the bene5 fits and costs; 

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

7 capital assets are or will be jointly used by 

8 intercity passenger rail service and other 

9 users, and the proportionate share of that 

10 joint usage; and 

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

12 be fully or partially funded through Fed13 eral financial assistance, identifies the 

14 most appropriate public agency or entity to 

15 receive those funds and implement each 

16 capital project. 

17 ‘‘(3) ADDITIONAL CONTENTS.—Any plan devel18 oped under paragraph (1) after the publication by 

19 the Secretary of Transportation of the Northeast 

20 Corridor service development plan shall also— 

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

22 and phase the implementation of projects nec23 essary to achieve the goals and findings con24 tained in such Northeast Corridor service devel25 opment plan; 

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1 ‘‘(B) allow for flexibility to change 

2 prioritization and programs based upon the 

3 availability of Federal and non-Federal funding; 

4 ‘‘(C) inform the Secretary in developing 

5 recommendations for Congress on Federal fund6 ing needs for the Northeast Corridor and any 

7 corresponding Federal investments in the re8 spective capital programs for Northeast Cor9 ridor infrastructure owners and users; and 

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

11 outcomes associated with plan implementation, 

12 including the anticipated effect on passenger 

13 accessibility, operations, safety, reliability, and 

14 resiliency. 

15 ‘‘(b) NORTHEAST CORRIDOR ASSET MANAGEMENT

16 PLANS.— 

17 ‘‘(1) CONTENTS.—Amtrak, and States and pub18 lic transportation entities that own infrastructure 

19 that supports or provides for intercity rail passenger 

20 transportation on the Northeast Corridor, shall de21 velop and update as necessary Northeast Corridor 

22 asset management plans for the Northeast Corridor 

23 main line between Boston, Massachusetts, and the 

24 District of Columbia, and the Northeast Corridor 

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1 vania, Springfield, Massachusetts, and Spuyten 

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

3 operate and maintain those lines, that— 

4 ‘‘(A) are consistent with the Federal Tran5 sit Administration process, as authorized under 

6 section 5326, when implemented; 

7 ‘‘(B) include, at a minimum— 

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

9 owned by the developer of the plan; 

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

11 each of those assets; 

12 ‘‘(iii) a description of how the condi13 tion of each asset has changed since the 

14 previous iteration of the plan; and 

15 ‘‘(iv) a description of the necessary re16 sources and processes for bringing or 

17 maintaining those assets in a state-of-good 

18 repair, including decision support tools and 

19 investment prioritization methodologies. 

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

21 than 12 months after the date of enactment of the 

22 Passenger Rail Reform and Investment Act of 2014, 

23 each entity described in paragraph (1) shall transmit 

24 to the Commission a plan developed under paramstockstill on DSK4VPTVN1PROD with BILLS

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1 graph (1). Any updates to such plan shall also be 

2 transmitted to the Commission. 

3 ‘‘(c) NORTHEAST CORRIDOR SERVICE DEVELOP4 MENT PLAN UPDATES.—The Commission shall, at least 

5 once every 10 years, update the Northeast Corridor service 

6 development plan.’’. 

7 (2) TABLE OF SECTIONS AMENDMENT.—The 

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

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

10 following new item: 

‘‘24906. Northeast Corridor planning.’’. 

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

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

13 Investment and Improvement Act of 2008. 

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

15 Code. 

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

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

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

19 following new section: 

20 ‘‘§ 24320. 5-year capital and operating plan 

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

22 of enactment of an Act appropriating funds pursuant to 

23 section 101 of the Passenger Rail Reform and Investment 

24 Act of 2014, or any subsequent authorization of appro25 priations for the same purposes, the Amtrak Board of Dimstockstill on DSK4VPTVN1PROD with BILLS

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1 rectors shall prepare and transmit to the Committee on 

2 Transportation and Infrastructure and the Committee on 

3 Appropriations of the House of Representatives and the 

4 Committee on Commerce, Science, and Transportation 

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

6 year capital and operating plan for the Northeast Corridor 

7 and National Network. 

8 ‘‘(b) CONSULTATION.—Each such plan shall be pre9 pared in consultation with— 

10 ‘‘(1) the Federal Railroad Administration; 

11 ‘‘(2) the Northeast Corridor Infrastructure and 

12 Operations Advisory Commission, with respect to the 

13 Northeast Corridor; and 

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

15 National Network. 

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

17 shall— 

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

19 National Network, include— 

20 ‘‘(A) projected revenues and expenditures 

21 for the Northeast Corridor, State-supported 

22 routes, long-distance routes, and corporate de23 velopment, including Federal and non-Federal 

24 funding sources; 

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1 ‘‘(B) projected ridership levels for the 

2 Northeast Corridor, State-supported routes, 

3 and long-distance routes; 

4 ‘‘(C) projected capital and operational 

5 funding requirements necessary to maintain 

6 passenger service in order to accommodate pre7 dicted ridership levels and predicted sources of 

8 Federal and non-Federal funding; 

9 ‘‘(D) projected capital and operating re10 quirements, ridership, revenue, and expendi11 tures for new passenger service operations or 

12 service expansions; 

13 ‘‘(E) an assessment of the continuing fi14 nancial stability of Amtrak, as indicated by fac15 tors including anticipated Federal funding of 

16 capital and operating costs, Amtrak’s ability to 

17 efficiently recruit, retain, and manage its work18 force, and Amtrak’s ability to effectively provide 

19 passenger rail service; 

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

21 debt and associated principal and interest pay22 ments (both current and anticipated); 

23 ‘‘(G) annual cash flow forecasts; 

24 ‘‘(H) a statement describing methods of 

25 estimation and significant assumptions; 

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1 ‘‘(I) specific measures that demonstrate 

2 measurable improvement year over year in the 

3 financial results of Amtrak’s operations; 

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

5 ‘‘(i) operating ratio, cash operating 

6 loss, and cash operating loss per passenger 

7 on a route, business line, and corporate 

8 basis; 

9 ‘‘(ii) specific costs and savings esti10 mates resulting from reform initiatives; 

11 ‘‘(iii) productivity statistics on a 

12 route, business line, and corporate basis; 

13 and 

14 ‘‘(iv) equipment reliability statistics; 

15 ‘‘(K) capital and operating expenditures 

16 for anticipated security needs; and 

17 ‘‘(L) a prioritization of capital expendi18 tures by business line; and 

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

20 applicable, and grant processes established under 

21 sections 24906 and 24318. 

22 ‘‘(d) CONFORMANCE TO AUTHORIZED FUNDING LEV23 ELS.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), any financial projection for a fiscal year 

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1 that is included in a plan prepared under this sec2 tion shall be based on the amount of dedicated fund3 ing for such fiscal year. 

4 ‘‘(2) ABSENCE OF APPROPRIATION.—In the ab5 sence of an appropriation of funds for such fiscal 

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

7 funds authorized by law to be appropriated for that 

8 fiscal year, plus other dedicated funding. 

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

10 subsection, the term ‘dedicated funding’ means any 

11 amounts appropriated for a fiscal year and any 

12 other funding sources, including revenues and other 

13 ancillary funding streams, for the Northeast Cor14 ridor or the National Network. 

15 ‘‘(e) STANDARDS TO PROMOTE FINANCIAL STA16 BILITY.—In preparing a plan under this section, the 

17 Board shall apply sound budgetary practices, including re18 ducing costs and other expenditures, improving produc19 tivity, increasing revenues, or combinations of such prac20 tices. 

21 ‘‘(f) UPDATES.—Amtrak shall provide monthly re22 ports for the current fiscal year in electronic format to 

23 the Secretary and the Committee on Transportation and 

24 Infrastructure and the Committee on Appropriations of 

25 the House of Representatives and the Committee on Commstockstill on DSK4VPTVN1PROD with BILLS

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1 merce, Science, and Transportation and the Committee on 

2 Appropriations of the Senate regarding the items de3 scribed in subsection (c)(1), which shall include a descrip4 tion of the work completed to date, any differences from 

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

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

7 sections for such chapter 243 is amended by adding at 

8 the end the following new item: 

‘‘24320. 5-year budget and business plan.’’. 

9 (c) REPEAL.—Section 204 of the Passenger Rail In10 vestment and Improvement Act of 2008 (49 U.S.C. 24101 

11 note) is repealed. 

12 SEC. 203. STATE-SUPPORTED ROUTES. 

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

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 24712. State-supported routes 

17 ‘‘(a) STATE-SUPPORTED ROUTE ADVISORY COM18 MITTEE.— 

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

20 after the date of enactment of the Passenger Rail 

21 Reform and Investment Act of 2014, the Secretary 

22 of Transportation shall establish a State-Supported 

23 Route Advisory Committee to promote mutual co24 operation and planning pertaining to the rail oper25 ations and related activities of trains operated on 

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1 State-supported routes and to further implement 

2 section 209 of the Passenger Rail Investment and 

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

4 ‘‘(2) MEMBERSHIP.—The Committee shall con5 sist of representatives of— 

6 ‘‘(A) Amtrak; 

7 ‘‘(B) the Department of Transportation, 

8 including the Federal Railroad Administration; 

9 and 

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

11 routes, selected by the Administrator of the 

12 Federal Railroad Administration on the basis of 

13 appropriate expertise and geographic balance, 

14 and in a manner that ensures that all appro15 priate States are represented periodically on the 

16 Committee. 

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

18 membership belonging to any of the groups de19 scribed in each individual subparagraph of para20 graph (2) shall not constitute a majority of the 

21 Committee’s memberships. 

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

23 The Committee shall establish a schedule and loca24 tion for convening meetings, but shall meet no less 

25 than 2 times every fiscal year. The Committee shall 

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1 develop rules and procedures to govern the Commit2 tee’s proceedings. 

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

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

5 2015, and annually thereafter, Amtrak shall trans6 mit to each State that sponsors a State-supported 

7 route, and to the Committee on Transportation and 

8 Infrastructure and the Committee on Appropriations 

9 of the House of Representatives and the Committee 

10 on Commerce, Science, and Transportation and the 

11 Committee on Appropriations of the Senate— 

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

13 ridership, and other information determined ap14 propriate by the Committee established under 

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

16 the prior fiscal year; and 

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

18 for each such route for the upcoming fiscal 

19 year, developed pursuant to the methodology es20 tablished under section 209 of the Passenger 

21 Rail Investment and Improvement Act of 2008 

22 (49 U.S.C. 24101 note). 

23 ‘‘(2) EXCEPTION.—The Committee may estab24 lish a different deadline than is required under paramstockstill on DSK4VPTVN1PROD with BILLS

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1 graph (1) for submission of final financial state2 ments and cost, service, and ridership forecasts. 

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

4 2015, and each year thereafter, Amtrak shall trans5 mit to each State that sponsors a State-supported 

6 route quarterly updates of the cost, service, and rid7 ership forecast described in paragraph (1)(B) to en8 able States to pace costs against State budgets, plan 

9 effectively, and address unexpected changes in costs 

10 in a timely manner, on the following dates: 

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

12 January through March of such year. 

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

14 April through June of such year. 

15 ‘‘(C) October 31, for the period encom16 passing July through September of such year. 

17 ‘‘(c) INVOICES.—Not later than February 15, 2015, 

18 and monthly thereafter, Amtrak shall provide to each 

19 State that sponsors a State-supported route a monthly in20 voice of the cost of operating such route, including fixed 

21 costs and third-party costs. 

22 ‘‘(d) DISPUTE RESOLUTION.— 

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

24 If a dispute arises with respect to a forecast devel25 oped under subsection (b), an invoice developed 

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

2 operation of a State-supported route negotiated be3 tween Amtrak and a State that sponsors the route, 

4 either Amtrak or the State may request that the 

5 Surface Transportation Board conduct expedited 

6 dispute resolution under this subsection. 

7 ‘‘(2) PROCEDURES.—The Surface Transpor8 tation Board shall establish procedures for expedited 

9 resolution of disputes brought before it under this 

10 subsection. 

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

12 Surface Transportation Board under this subsection 

13 shall be binding on the parties to the dispute. 

14 ‘‘(e) FRA ASSISTANCE.—The Federal Railroad Ad15 ministration may provide assistance to the parties in the 

16 course of negotiations for a contract for operation of a 

17 State-supported route. 

18 ‘‘(f) PERFORMANCE METRICS.—In negotiating a con19 tract for operation of a State-supported route, Amtrak 

20 and the State or States that sponsor the route shall con21 sider including provisions that provide penalties and incen22 tives for performance based on metrics that take into ac23 count only those factors within the control of Amtrak or 

24 the State or States. 

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

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

3 of Columbia.’’. 

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

5 sections for such chapter 247 is amended by adding at 

6 the end the following new item: 

‘‘24712. State-supported routes.’’. 

7 SEC. 204. ROUTE AND SERVICE PLANNING DECISIONS. 

8 Section 208 of the Passenger Rail Investment and 

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

10 amended to read as follows: 

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

12 SERVICE PLANNING DECISIONS. 

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

14 than 180 days after the date of enactment of the Pas15 senger Rail Reform and Investment Act of 2014, as a con16 dition of receiving a grant under section 101 of such Act, 

17 Amtrak shall obtain the services of an independent entity 

18 to develop and recommend objective methodologies for 

19 Amtrak to use in determining what intercity rail passenger 

20 transportation routes and services it should provide, in21 cluding the establishment of new routes, the elimination 

22 of existing routes, and the contraction or expansion of 

23 services or frequencies over such routes. 

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

2 entity, in developing the methodologies described in sub3 section (a), to consider— 

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

5 service quality of intercity rail passenger transpor6 tation operations, including cost recovery, on-time 

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

8 facilities, equipment, and other services; 

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

10 ‘‘(3) the transportation needs of communities 

11 and populations that are not well served by intercity 

12 rail passenger transportation service or by other 

13 forms of intercity transportation; 

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

15 intercity rail passenger transportation service pro16 viders in other countries for determining intercity 

17 passenger rail routes and services; 

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

19 infrastructure over which Amtrak operates, Amtrak 

20 employee representatives, and other interested par21 ties; and 

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

23 under authorization levels that have been enacted 

24 into law. 

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

2 after the date of enactment of the Passenger Rail Reform 

3 and Investment Act of 2014, Amtrak shall transmit to the 

4 Committee on Transportation and Infrastructure of the 

5 House of Representatives, and the Committee on Com6 merce, Science, and Transportation of the Senate the rec7 ommendations developed by the entity pursuant to sub8 section (a). 

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

10 later than 90 days after transmitting the recommenda11 tions pursuant to subsection (c), the Amtrak Board of Di12 rectors shall consider the adoption of the recommenda13 tions and transmit to the Committee on Transportation 

14 and Infrastructure of the House of Representatives and 

15 the Committee on Commerce, Science, and Transportation 

16 of the Senate a report containing an explanation of any 

17 reasons for adopting or not adopting the recommenda18 tions.’’. 

19 SEC. 205. COMPETITION. 

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

21 States Code, is amended to read as follows: 

22 ‘‘§ 24711. Alternate passenger rail service pilot pro23 gram 

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

25 date of enactment of the Passenger Rail Reform and Inmstockstill on DSK4VPTVN1PROD with BILLS

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1 vestment Act of 2014, the Federal Railroad Administra2 tion shall complete a rulemaking proceeding to develop a 

3 pilot program that— 

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

5 own infrastructure over which Amtrak operates a 

6 passenger rail service route described in subpara7 graph (B), (C), or (D) of section 24102(5) or in sec8 tion 24702(a) to petition the Federal Railroad Ad9 ministration to be considered as a passenger rail 

10 service provider over that route in lieu of Amtrak for 

11 an operations period of 5 years; 

12 ‘‘(2) requires the Federal Railroad Administra13 tion to notify Amtrak within 30 days after receiving 

14 a petition under paragraph (1) and establish a dead15 line by which both the petitioner and Amtrak would 

16 be required to submit a bid to provide passenger rail 

17 service over the route to which the petition relates; 

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

19 bidder would operate the route, what Amtrak pas20 senger equipment would be needed, if any, and what 

21 sources of non-Federal funding the bidder would 

22 use, including any State subsidy, among other 

23 things; 

24 ‘‘(4) requires the Federal Railroad Administra25 tion to execute a contract within a specified, limited 

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1 time after the deadline established under paragraph 

2 (2) and award to the winning bidder— 

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

4 passenger rail service over that route subject to 

5 such performance standards as the Federal 

6 Railroad Administration may require; and 

7 ‘‘(B) an operating subsidy— 

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

9 excess of 90 percent of the level in effect 

10 for that specific route during the fiscal 

11 year preceding the fiscal year in which the 

12 petition was received, adjusted for infla13 tion; and 

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

15 level calculated under clause (i), adjusted 

16 for inflation; and 

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

18 plan describing the number of employees needed to 

19 operate the service, the job assignments and require20 ments, and the terms of work for prospective and 

21 current employees of the bidder for the service out22 lined in the bid, and that such staffing plan be made 

23 available by the winning bidder to the public after 

24 the bid award. 

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

2 Administration may not make the program available with 

3 respect to more than 2 Amtrak intercity passenger rail 

4 routes. 

5 ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO FACILI6 TIES; EMPLOYEES.—If the Federal Railroad Administra7 tion awards the right and obligation to provide passenger 

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

9 or rail carriers— 

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

11 carrier or rail carriers for rail passenger operations 

12 on that route that conditions the operating and sub13 sidy rights on— 

14 ‘‘(A) the service provider continuing to 

15 provide passenger rail service on the route that 

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

17 than Amtrak provided on that route before the 

18 award; and 

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

20 the standards established under subsection 

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

22 standards as the Administration may establish; 

23 ‘‘(2) it shall, if the award is made to a rail car24 rier other than Amtrak, require Amtrak to provide 

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1 ties directly related to operations to any rail carrier 

2 or rail carriers awarded a contract under this sec3 tion, in accordance with subsection (d), necessary to 

4 carry out the purposes of this section; 

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

6 rail carrier or rail carriers in the operation of a 

7 route under this section shall be considered an em8 ployee of that carrier or carriers and subject to the 

9 applicable Federal laws and regulations governing 

10 similar crafts or classes of employees of Amtrak, in11 cluding provisions under section 121 of the Amtrak 

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

13 4312 note) relating to employees that provide food 

14 and beverage service; and 

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

16 preference to qualified Amtrak employees displaced 

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

18 plan submitted by the bidder, and shall be subject 

19 to the grant conditions under section 24405 of this 

20 title. 

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

22 rail carriers awarded a route under this section cannot 

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

24 Surface Transportation Board finds that access to Am25 trak’s facilities or equipment, or the provision of services 

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

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

3 impaired thereby, the Surface Transportation Board shall, 

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

5 order that the facilities and equipment be made available, 

6 and that services be provided, by Amtrak, and shall deter7 mine reasonable compensation, liability, and other terms 

8 for use of the facilities and equipment and provision of 

9 the services. 

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

11 carriers awarded a route under this section cease to oper12 ate the service or fail to fulfill their obligations under the 

13 contract required under subsection (c), the Federal Rail14 road Administration, in collaboration with the Surface 

15 Transportation Board, shall take any necessary action 

16 consistent with this title to enforce the contract and en17 sure the continued provision of service, including the in18 stallment of an interim service provider and rebidding the 

19 contract to operate the service. The entity providing serv20 ice shall either be Amtrak or a rail carrier defined in sub21 section (a)(1). 

22 ‘‘(f) ADEQUATE RESOURCES.—Before taking any ac23 tion allowed under this section, the Secretary shall certify 

24 that the Federal Railroad Administration has sufficient 

25 resources appropriated under section 101(b) of Passenger 

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1 Rail Reform and Investment Act of 2014, or any subse2 quent appropriation, for that purpose that are adequate 

3 to undertake the program established under this section. 

4 ‘‘(g) BUDGET AUTHORITY.—The Secretary of Trans5 portation may provide to a winning bidder selected under 

6 this section appropriations authorized under sections 

7 101(b) of the Passenger Rail Reform and Investment Act 

8 of 2014, or any subsequent appropriation for the same 

9 purposes, necessary to cover the operating subsidy de10 scribed in subsection (a)(4)(B).’’. 

11 (b) REPORT.—Not later than 1 year after the conclu12 sion of the pilot program established under the amend13 ment made by subsection (a), the Federal Railroad Ad14 ministration shall submit to the Committee on Transpor15 tation and Infrastructure of the House of Representatives 

16 and the Committee on Commerce, Science, and Transpor17 tation of the Senate a report on the results on the pilot 

18 program established under section 24711 of title 49 

19 United States Code, and any recommendations for further 

20 action. 

21 SEC. 206. FOOD AND BEVERAGE REFORM. 

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

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

24 following new section: 

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1 ‘‘§ 24321. Food and beverage reform 

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

3 of enactment of the Passenger Rail Reform and Invest4 ment Act of 2014, Amtrak shall develop and begin imple5 menting a plan to eliminate, within 5 years of such date 

6 of enactment, the operating loss associated with providing 

7 food and beverage service on board Amtrak trains. 

8 ‘‘(b) CONSIDERATIONS.—In developing and imple9 menting the plan, Amtrak shall consider a combination of 

10 cost management and revenue generation initiatives, in11 cluding— 

12 ‘‘(1) scheduling optimization; 

13 ‘‘(2) on-board logistics; 

14 ‘‘(3) product development and supply chain effi15 ciency; 

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

17 ‘‘(5) technology enhancements and process im18 provements; and 

19 ‘‘(6) ticket revenue allocation. 

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

21 Amtrak employee holding a position as of the date of en22 actment of the Passenger Rail Reform and Investment Act 

23 of 2014 is involuntarily separated because of— 

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

25 plan required under subsection (a); or 

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1 ‘‘(2) any other action taken by Amtrak to im2 plement this section. 

3 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

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

5 date of enactment of the Passenger Rail Reform and In6 vestment Act of 2014, no Federal funds may be used to 

7 cover any operating loss associated with providing food 

8 and beverage service on a route operated by Amtrak or 

9 an alternative passenger rail service provider that operates 

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

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

12 date of enactment of the Passenger Rail Reform and In13 vestment Act of 2014, and annually thereafter for 5 years, 

14 Amtrak shall transmit to the Committee on Transpor15 tation and Infrastructure of the House of Representatives 

16 and the Committee on Commerce, Science, and Transpor17 tation of the Senate a report containing the plan developed 

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

19 in the implementation of the plan.’’. 

20 (b) CONFORMING AMENDMENT.—The table of sec21 tions for chapter 243 of title 49, United States Code, is 

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

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

23 SEC. 207. RIGHT OF WAY LEVERAGING. 

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

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

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1 issue a Request for Proposals seeking private sector per2 sons or entities to utilize Amtrak-owned right-of-way for 

3 telecommunications systems, energy distribution systems, 

4 and other activities considered appropriate by Amtrak. 

5 The Request for Proposals shall provide sufficient infor6 mation on Amtrak’s right-of-way real estate assets to en7 able respondents to propose an arrangement that will 

8 monetize such assets through revenue sharing agreements 

9 with Amtrak. 

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

11 1 year after the date of enactment of this Act, the Amtrak 

12 Board of Directors shall review and consider each proposal 

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

14 into such agreements as are necessary to implement any 

15 such proposal or proposals. 

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

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

18 shall transmit to the Committee on Transportation and 

19 Infrastructure of the House of Representatives and the 

20 Committee on Commerce, Science, and Transportation of 

21 the Senate a report on the Request for Proposals required 

22 by this section, including summary information of any pro23 posals submitted to Amtrak and any proposals accepted 

24 by the Amtrak Board of Directors. 

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1 SEC. 208. STATION DEVELOPMENT. 

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

3 than 1 year after the date of enactment of this Act, Am4 trak shall transmit to the Committee on Transportation 

5 and Infrastructure of the House of Representatives and 

6 the Committee on Commerce, Science, and Transportation 

7 of the Senate a report on options to enhance development 

8 around Amtrak stations, including— 

9 (1) strengthening multimodal connections, in10 cluding intercity buses; 

11 (2) options for capturing development-related 

12 revenue streams; and 

13 (3) other opportunities to better leverage sta14 tion assets. 

15 (b) PROPOSALS.— 

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

17 18 months after the date of enactment of this Act, 

18 Amtrak shall issue a Request for Proposals seeking 

19 persons or entities, where appropriate, to carry out 

20 the options identified under subsection (a). 

21 (2) CONSIDERATION OF PROPOSALS.—Not later 

22 than 24 months after the date of enactment of this 

23 Act, the Amtrak Board of Directors shall review and 

24 consider each proposal submitted pursuant to para25 graph (1). Amtrak may enter into such agreements 

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1 as are necessary to implement any such proposal or 

2 proposals. 

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

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

5 shall transmit to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the 

7 Committee on Commerce, Science, and Transportation of 

8 the Senate a report on the Request for Proposals required 

9 by this section, including summary information of any pro10 posals submitted to Amtrak and any proposals accepted 

11 by the Amtrak Board of Directors. 

12 SEC. 209. AMTRAK DEBT. 

13 Section 205 of the Passenger Rail Investment and 

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

15 amended— 

16 (1) in subsection (a), by inserting ‘‘, to the ex17 tent provided in advance in appropriations Acts’’ 

18 after ‘‘Amtrak’s indebtedness’’; 

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

20 this Act’’ each place it appears; 

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

22 sentence; 

23 (4) in subsection (b), by striking ‘‘The Secretary 

24 of the Treasury, in consultation’’ and inserting ‘‘To 

25 the extent amounts are provided in advance in appromstockstill on DSK4VPTVN1PROD with BILLS

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1 priations Acts, the Secretary of the Treasury, in con2 sultation’’; 

3 (5) in subsection (d), by inserting ‘‘, to the extent 

4 provided in advance in appropriations Acts’’ after 

5 ‘‘as appropriate’’; 

6 (4)(6) in subsection (e)(1), by striking ‘‘by sec7 tion 102 of this division’’; and 

8 (5)(7) in subsection (e)(2), by striking ‘‘by sec9 tion 102’’ and inserting ‘‘for Amtrak’’. 

10 SEC. 210. AMTRAK PILOT PROGRAM FOR PASSENGERS 

11 TRANSPORTING DOMESTICATED CATS AND 

12 DOGS. 

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

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

15 program that allows passengers to transport domesticated 

16 cats or dogs on certain trains operated by Amtrak. 

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

18 required under subsection (a), Amtrak shall— 

19 (1) in the case of a passenger train that is com20 prised of more than 1 car, designate, where feasible, 

21 at least 1 car in which a ticketed passenger may 

22 transport a domesticated cat or dog in the same 

23 manner as carry-on baggage if— 

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

25 kennel; 

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1 (B) the pet kennel is stowed in accordance 

2 with Amtrak size requirements for carriage of 

3 carry-on baggage; 

4 (C) the passenger is traveling on a train 

5 operating on a route described in subparagraph 

6 (A), (B), or (D) of section 24102(5) of title 49, 

7 United States Code; and 

8 (D) the passenger pays a fee described in 

9 paragraph (3); 

10 (2) allow a ticketed passenger to transport a 

11 domesticated cat or dog on a train in the same man12 ner as cargo if— 

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

14 kennel; 

15 (B) the pet kennel is stowed in accordance 

16 with Amtrak requirements for cargo stowage; 

17 (C) the passenger is traveling on a train 

18 operating on a route described in subparagraph 

19 (A), (B), or (D) of section 24102(5) of title 49, 

20 United States Code; 

21 (D) the cargo area is temperature con22 trolled in a manner protective of cat and dog 

23 safety and health; and 

24 (E) the passenger pays a fee described in 

25 paragraph (3); and 

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

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

3 aggregate and at a minimum, covers the full costs 

4 of the pilot program. 

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

6 program required under subsection (a) is first imple7 mented, Amtrak shall transmit to the Committee on 

8 Transportation and Infrastructure of the House of Rep9 resentatives and the Committee on Commerce, Science, 

10 and Transportation of the Senate a report containing an 

11 evaluation of the pilot program. 

12 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

13 (1) SERVICE ANIMALS.—The pilot program re14 quired under subsection (a) shall be separate from 

15 and in addition to the policy governing Amtrak pas16 sengers traveling with service animals. Nothing in 

17 this section may be interpreted to limit or waive the 

18 rights of passengers to transport service animals. 

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

20 section may be interpreted to require Amtrak to add 

21 additional train cars or modify existing train cars. 

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

23 be used to implement the pilot program required 

24 under this section. 

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1 SEC. 211. AMTRAK BOARDING PROCEDURES. 

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

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

4 General shall transmit to the Committee on Transpor5 tation and Infrastructure of the House of Representatives 

6 and the Committee on Commerce, Science, and Transpor7 tation of the Senate a report that— 

8 (1) evaluates Amtrak’s boarding procedures at 

9 its 10 stations through which the most people pass; 

10 (2) compares Amtrak’s boarding procedures 

11 to— 

12 (A) commuter railroad boarding proce13 dures at stations shared with Amtrak; 

14 (B) international intercity passenger rail 

15 boarding procedures; and 

16 (C) fixed guideway transit boarding proce17 dures; and 

18 (3) makes recommendations, as appropriate, to 

19 improve Amtrak’s boarding procedures, including 

20 recommendations regarding the queuing of pas21 sengers and free-flow of all station-users. 

22 (b) CONSIDERATION OF RECOMMENDATIONS.—Not 

23 later than 6 months after the release of the report re24 quired under subsection (a), the Amtrak Board of Direc25 tors shall consider each recommendation provided under 

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

2 system. 

3 TITLE III—INTERCITY 

4 PASSENGER RAIL POLICY 

5 SEC. 301. FEDERAL-STATE PARTNERSHIP FOR NORTHEAST 

6 CORRIDOR DEVELOPMENT AND IMPROVE7 MENT. 

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

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 24407. Federal-State partnership for Northeast 

12 Corridor rehabilitation and improvement 

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

14 shall develop and implement a program for issuing grants 

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

16 financing the capital projects included in the Northeast 

17 Corridor Priority Project List developed under subsection 

18 (c). 

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

20 definitions apply: 

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

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

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

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1 sponsibility for providing intercity passenger or com2 muter rail service. 

3 ‘‘(2) MAJOR STATE-OF-GOOD-REPAIR

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

5 project’ means a capital project primarily intended 

6 to replace, rehabilitate or repair major Northeast 

7 Corridor infrastructure assets utilized for providing 

8 intercity rail passenger transportation, including 

9 tunnels, bridges, stations, and other assets as deter10 mined by the Secretary. 

11 ‘‘(3) IMPROVEMENT PROJECT.—The term ‘im12 provement project’ means a capital project primarily 

13 intended to improve intercity passenger rail perform14 ance on the Northeast Corridor, including reduced 

15 trip times, increased train frequencies, higher oper16 ating speeds, and other improvements as determined 

17 by the Secretary. 

18 ‘‘(c) NORTHEAST CORRIDOR PRIORITY PROJECT

19 LIST.—The Northeast Corridor Infrastructure and Oper20 ations Advisory Commission, established under section 

21 24905, shall develop and approve a Northeast Corridor 

22 Priority Project List that shall include— 

23 ‘‘(1) a list of prioritized individual major state24 of-good-repair projects and improvement projects 

25 along the Northeast Corridor that— 

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1 ‘‘(A) can be completed based on— 

2 ‘‘(i) the funding authorized under sec3 tion 103(b) of the Passenger Rail Reform 

4 and Investment Act of 2014; 

5 ‘‘(ii) any subsequent applicable au6 thorization in effect; 

7 ‘‘(iii) in the absence of such an au8 thorization, a 5-year funding amount based 

9 on the most recent appropriation; or 

10 ‘‘(iv) the requirements of subsection 

11 (d); and 

12 ‘‘(B) are consistent with the Northeast 

13 Corridor capital investment plan required under 

14 section 24906(a); 

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

16 individual project; 

17 ‘‘(3) an identification of the sources of non18 Federal matching funds for each project; and 

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

20 will bring to intercity rail passenger services. 

21 ‘‘(d) USE OF FUNDS.—The Federal grants author22 ized under this section shall be for no more than 50 per23 cent of the net project cost of the project involved. 

24 ‘‘(e) APPLICABILITY OF CAPITAL GRANT REQUIRE25 MENTS.—Except as specifically provided in this section, 

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1 the use of any amounts appropriated for grants under this 

2 section shall be subject to the requirements of this chap3 ter. 

4 ‘‘(f) MATCH REQUIREMENTS.—No grants may be ob5 ligated to an applicant under this section unless the appli6 cant has transmitted to the Secretary of Transportation 

7 a binding written commitment to provide all amounts nec8 essary for the purpose of matching Federal contributions 

9 as required by this section. 

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

11 Infrastructure and Operations Advisory Commission shall 

12 revise the NEC Priority Project List as necessary to re13 flect— 

14 ‘‘(1) any differences in the availability of Fed15 eral funding from the levels assumed for purposes of 

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

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

18 and 

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

20 derived from a project. 

21 ‘‘(h) AVAILABILITY.—Amounts appropriated for car22 rying out this section shall remain available until ex23 pended. 

24 ‘‘(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 2014, 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 24906 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 24906(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) by adding at the end the following: 

19 ‘‘(12) Not later than 1 year after the date of enact20 ment of the Passenger Rail Reform and Investment Act 

21 of 2014, and annually thereafter, the Secretary shall 

22 transmit to the Committee on Commerce, Science, and 

23 Transportation of the Senate and the Committee on 

24 Transportation and Infrastructure of the House of Repmstockstill on DSK4VPTVN1PROD with BILLS

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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 2015 and 2016, $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.— 

2 (1) TITLE 49 AMENDMENT.—Section 24711 of 

3 title 49, United States Code, is amended by striking 

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

5 (2) PASSENGER RAIL INVESTMENT AND IM6 PROVEMENT ACT AMENDMENT.—Section 217 of the 

7 Passenger Rail Investment and Improvement Act of 

8 2008 (49 U.S.C. 24702 note) is amended by striking 

9 ‘‘24102(5)(D)’’ and inserting ‘‘24102(7)(D)’’. 

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Union Calendar No. 469 

113TH CONGRESS 

2D SESSION H. R. 5449 

[Report No. 113–629] 

A BILL 

To reauthorize Federal support for passenger rail 

programs, and for other purposes. 

DECEMBER 1, 2014 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and ormstockstill on DSK4VPTVN1PROD with BILLS