I 

113TH CONGRESS 

2D SESSION H. R. 5449 

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 

A BILL 

To reauthorize Federal support for passenger rail programs, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Passenger Rail Reform and Investment Act of 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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•HR 5449 IH

Sec. 103. National infrastructure investments. 

Sec. 104. Northeast Corridor. 

TITLE II—AMTRAK REFORM 

Sec. 201. Amtrak planning and grant process. 

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

Sec. 203. State-supported routes. 

Sec. 204. Route and service planning decisions. 

Sec. 205. Competition. 

Sec. 206. Food and beverage reform. 

Sec. 207. Right of way leveraging. 

Sec. 208. Station development. 

Sec. 209. Amtrak debt. 

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

and dogs. 

Sec. 211. Amtrak boarding procedures. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

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

improvement. 

Sec. 302. RRIF improvements. 

Sec. 303. NEC fast forward. 

Sec. 304. Large capital project requirements. 

Sec. 305. Small business participation study. 

Sec. 306. Gulf Coast rail service working group. 

Sec. 307. Miscellaneous. 

TITLE IV—PROJECT DELIVERY 

Sec. 401. Project delivery rulemaking. 

Sec. 402. Historic preservation of railroads. 

TITLE V—MISCELLANEOUS 

Sec. 501. Definition. 

Sec. 502. Title 49 definitions. 

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. AUTHORIZATION FOR AMTRAK. 

4 (a) NORTHEAST CORRIDOR IMPROVEMENT FUND.— 

5 There are authorized to be appropriated to the Secretary 

6 for the use of Amtrak for deposit into the Northeast Cor7 ridor Improvement Fund account established under secVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•HR 5449 IH

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

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

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

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

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

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

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

8 be appropriated to the Secretary for the use of Amtrak 

9 for deposit into the National Network account established 

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

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

12 amounts: 

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

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

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

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

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

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
4 

•HR 5449 IH

1 SEC. 102. AUTHORIZATION FOR AMTRAK OFFICE OF THE 

2 INSPECTOR GENERAL. 

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

5 the following amounts: 

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

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

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

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

10 SEC. 103. NATIONAL INFRASTRUCTURE INVESTMENTS. 

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

13 244 of title 49, United States Code, the following 

14 amounts: 

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

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

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

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

19 (b) FEDERAL-STATE PARTNERSHIP FOR NORTHEAST

20 CORRIDOR DEVELOPMENT AND IMPROVEMENT.—Of the 

21 amounts authorized to be appropriated under subsection 

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

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

24 as added by section 301 of this Act. 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
5 

•HR 5449 IH

1 appropriated pursuant to chapter 244 of title 49, United 

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

5 SEC. 104. NORTHEAST CORRIDOR. 

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

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

9 facilities and services used to operate and maintain that 

10 line. 

11 TITLE II—AMTRAK REFORM 

12 SEC. 201. AMTRAK PLANNING AND GRANT PROCESS. 

13 (a) REQUIREMENTS AND PROCEDURES.— 

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

15 United States Code, is amended by adding at the 

16 end the following new sections: 

17 ‘‘§ 24317. Costs and revenues 

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

19 date of enactment of the Passenger Rail Reform and In20 vestment Act of 2014, Amtrak shall establish and main21 tain internal controls to ensure Amtrak’s costs and reve22 nues are allocated to either the Northeast Corridor or the 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
6 

•HR 5449 IH

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

2 term ‘Northeast Corridor’ means the Northeast Corridor 

3 main line between Boston, Massachusetts, and the District 

4 of Columbia, and facilities and services used to operate 

5 and maintain that line. 

6 ‘‘§ 24318. Grant process 

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

8 later than 30 days after the date of enactment of the Pas9 senger Rail Reform and Investment Act of 2014, the Sec10 retary of Transportation shall establish and transmit to 

11 the Committee on Transportation and Infrastructure and 

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

14 and Transportation and the Committee on Appropriations 

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

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

18 grant requests for Federal funds to be appropriated to the 

19 Secretary for the use of Amtrak to— 

20 ‘‘(1) the Secretary; and 

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

23 of the House of Representatives and the Committee 

24 on Commerce, Science, and Transportation and the 

25 Committee on Appropriations of the Senate. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
7 

•HR 5449 IH

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

2 (b) shall— 

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

4 upcoming fiscal year for the Northeast Corridor, 

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

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

8 fiscal year projections; 

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

10 funded, along with cost estimates and an estimated 

11 timetable for completion of the projects covered by 

12 the request; 

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

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

16 reasonable timeframe following its submission to the 

17 entities described in subsection (b); and 

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

19 those submitted by executive agencies of the Federal 

20 Government. 

21 ‘‘(d) REVIEW AND APPROVAL.— 

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

24 and approve or disapprove the request not later than 

25 30 days after the date on which Amtrak submits the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
8 

•HR 5449 IH

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

3 deficient, the Secretary shall include the reason for 

4 disapproval or the incomplete items or deficiencies in 

5 a notice to Amtrak. 

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

7 than 15 days after receiving notification from the 

8 Secretary under paragraph (1), Amtrak shall submit 

9 a modified request for the Secretary’s review. 

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

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

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

14 is still incomplete or deficient, the Secretary shall 

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

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

20 Senate the remaining deficiencies and recommend a 

21 process for resolving the outstanding portions of the 

22 request. 

23 ‘‘(e) PAYMENT TO AMTRAK.— 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
9 

•HR 5449 IH

1 authorized to be appropriated, amounts appropriated 

2 shall be paid to Amtrak as follows: 

3 ‘‘(A) 50 percent on October 1. 

4 ‘‘(B) 25 percent on January 1. 

5 ‘‘(C) 25 percent on April 1. 

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

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

9 cause, requests more frequent payment before a 90- 

10 day period ends. 

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

13 the use of Amtrak shall remain available until expended. 

14 Amounts for capital acquisitions and improvements may 

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

16 which the amounts will be obligated. 

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

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

19 to subsidize operating losses of commuter rail passenger 

20 or rail freight transportation. 

21 ‘‘§ 24319. Accounts 

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

23 establish— 

24 ‘‘(1) a Northeast Corridor Improvement Fund 

25 account; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
10 

•HR 5449 IH

1 ‘‘(2) a National Network account. 

2 ‘‘(b) NORTHEAST CORRIDOR IMPROVEMENT FUND

3 ACCOUNT.— 

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

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

7 ‘‘(A) grant funds appropriated for the 

8 Northeast Corridor Improvement Fund pursu9 ant to section 101(a) of the Passenger Rail Re10 form and Investment Act of 2014 or any subse11 quent Act; 

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

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

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

18 24317. 

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

23 available for the use of Amtrak for— 

24 ‘‘(A) capital projects described in section 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
11 

•HR 5449 IH

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

2 projects described in section 

3 24906(a)(2)(E)(i)(I); 

4 ‘‘(B) capital projects intended to increase 

5 corridor capacity, improve service reliability, 

6 and reduce travel time for rail users on the 

7 Northeast Corridor, including projects described 

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

9 24906(a)(2)(E)(i), consistent with the planning 

10 process established under section 24906; and 

11 ‘‘(C) retirement of principal and payment 

12 of interest on loans for capital equipment, or 

13 capital leases, attributable to the Northeast 

14 Corridor. 

15 ‘‘(c) NATIONAL NETWORK ACCOUNT.— 

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

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

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

20 the Passenger Rail Reform and Investment Act 

21 of 2014, or any subsequent Act; 

22 ‘‘(B) compensation received from States 

23 provided to Amtrak pursuant to section 209 of 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
12 

•HR 5449 IH

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

3 24317. 

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

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

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

9 and retirement of principal and payment of interest 

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

12 ‘‘(d) TRANSFER AUTHORITY.— 

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

14 funds appropriated pursuant to the Passenger Rail 

15 Reform and Investment Act of 2014 or any other 

16 Act, or any surplus generated by operations, between 

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

19 days after Amtrak has notified the Amtrak Board of 

20 Directors of such transfer. 

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

22 the Amtrak Board of Directors receives notification 

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

24 transmit a report to the Secretary, the Committee 

25 on Transportation and Infrastructure and the ComVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
13 

•HR 5449 IH

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

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

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

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

7 for the transfer, including effects on Amtrak 

8 services if no transfer were made. 

9 ‘‘(e) LETTERS OF INTENT.— 

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

11 a letter of intent to Amtrak announcing an intention 

12 to obligate, for a major capital project described in 

13 subclauses (II) and (III) of section 

14 24906(a)(2)(E)(i), an amount from future available 

15 budget authority specified in law that is not more 

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

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

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

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

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
14 

•HR 5449 IH

1 Secretary shall include with the notification a copy 

2 of the proposed letter, the criteria used for selecting 

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

4 how the project meets criteria of this section. 

5 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

6 COMMITMENT.—An obligation or administrative 

7 commitment may be made only when amounts are 

8 appropriated. The letter of intent shall state that the 

9 contingent commitment is not an obligation of the 

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

12 Federal laws in force or enacted after the date of 

13 the contingent commitment. 

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

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

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

18 and Infrastructure and the Committee on Appropriations 

19 of the House of Representatives, and the Committee on 

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

22 such purchase. This analysis shall— 

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

24 describes the total lifecycle costs and the anticipated 


asabaliauskas on DSK5VPTVN1PROD with BILLS
15 

•HR 5449 IH

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

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

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

5 funding for each payment, including Federal funds, 

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

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

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

11 year; and 

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

14 (2) TABLE OF SECTIONS AMENDMENT.—The 

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

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

17 following new items: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 

18 (b) NORTHEAST CORRIDOR PLANNING.— 

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

20 United States Code, is amended by adding at the 

21 end the following new section: 

22 ‘‘§ 24906. Northeast Corridor planning 

23 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

24 PLAN.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
16 

•HR 5449 IH

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

2 months after the date of enactment of the Passenger 

3 Rail Reform and Investment Act of 2014, and annu4 ally thereafter, the Northeast Corridor Infrastruc5 ture and Operations Advisory Commission estab6 lished under section 24905 (referred to in this sec7 tion as the ‘Commission’) shall develop a capital in8 vestment plan for the Northeast Corridor main line 

9 between Boston, Massachusetts, and the District of 

10 Columbia, and the Northeast Corridor branch lines 

11 connecting to Harrisburg, Pennsylvania, Springfield, 

12 Massachusetts, and Spuyten Duyvil, New York, and 

13 facilities and services used to operate and maintain 

14 those lines. 

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

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

18 Northeast Corridor; 

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

21 of the plan; 

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

23 prioritize projects and investments along the 

24 Northeast Corridor based on— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
17 

•HR 5449 IH

1 ‘‘(i) the anticipated benefits and costs 

2 of projects; 

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

5 ‘‘(iii) the information contained in the 

6 Northeast Corridor asset management 

7 plans required under subsection (b), once 

8 available; 

9 ‘‘(D) ensure coordination and optimization 

10 across the entire Northeast Corridor and among 

11 the various owners and users; 

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

14 ‘‘(i) categorizes each capital project as 

15 being primarily associated with— 

16 ‘‘(I) normalized capital replace17 ment; 

18 ‘‘(II) replacement, rehabilitation, 

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

21 bridges, stations, and other assets; or 

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

24 including reduced trip times, inVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
18 

•HR 5449 IH

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

3 ‘‘(ii) identifies the anticipated funding 

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

6 and (III) of clause (i); 

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

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

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

14 meet regulatory requirements should 

15 the project not be funded; and 

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

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

19 capital assets are or will be jointly used by 

20 intercity passenger rail service and other 

21 users, and the proportionate share of that 

22 joint usage; and 

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

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
19 

•HR 5449 IH

1 most appropriate public agency or entity to 

2 receive those funds and implement each 

3 capital project. 

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

6 the Secretary of Transportation of the Northeast 

7 Corridor service development plan shall also— 

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

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

13 ‘‘(B) allow for flexibility to change 

14 prioritization and programs based upon the 

15 availability of Federal and non-Federal funding; 

16 ‘‘(C) inform the Secretary in developing 

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

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

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

23 outcomes associated with plan implementation, 

24 including the anticipated effect on passenger 


asabaliauskas on DSK5VPTVN1PROD with BILLS
20 

•HR 5449 IH

1 accessibility, operations, safety, reliability, and 

2 resiliency. 

3 ‘‘(b) NORTHEAST CORRIDOR ASSET MANAGEMENT

4 PLANS.— 

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

7 that supports or provides for intercity rail passenger 

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

10 asset management plans for the Northeast Corridor 

11 main line between Boston, Massachusetts, and the 

12 District of Columbia, and the Northeast Corridor 

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

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

16 operate and maintain those lines, that— 

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

19 section 5326, when implemented; 

20 ‘‘(B) include, at a minimum— 

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

22 owned by the developer of the plan; 

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

24 each of those assets; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
21 

•HR 5449 IH

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

3 previous iteration of the plan; and 

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

6 maintaining those assets in a state-of-good 

7 repair, including decision support tools and 

8 investment prioritization methodologies. 

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

10 than 12 months after the date of enactment of the 

11 Passenger Rail Reform and Investment Act of 2014, 

12 each entity described in paragraph (1) shall transmit 

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

15 transmitted to the Commission. 

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

18 once every 10 years, update the Northeast Corridor service 

19 development plan.’’. 

20 (2) TABLE OF SECTIONS AMENDMENT.—The 

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

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

23 following new item: 

‘‘24906. Northeast Corridor planning.’’. 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
22 

•HR 5449 IH

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

2 Investment and Improvement Act of 2008. 

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

4 Code. 

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

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

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

8 following new section: 

9 ‘‘§ 24320. 5-year capital and operating plan 

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

11 of enactment of an Act appropriating funds pursuant to 

12 section 101 of the Passenger Rail Reform and Investment 

13 Act of 2014, or any subsequent authorization of appro14 priations for the same purposes, the Amtrak Board of Di15 rectors shall prepare and transmit to the Committee on 

16 Transportation and Infrastructure and the Committee on 

17 Appropriations of the House of Representatives and the 

18 Committee on Commerce, Science, and Transportation 

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

20 year capital and operating plan for the Northeast Corridor 

21 and National Network. 

22 ‘‘(b) CONSULTATION.—Each such plan shall be pre23 pared in consultation with— 

24 ‘‘(1) the Federal Railroad Administration; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
23 

•HR 5449 IH

1 ‘‘(2) the Northeast Corridor Infrastructure and 

2 Operations Advisory Commission, with respect to the 

3 Northeast Corridor; and 

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

5 National Network. 

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

7 shall— 

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

9 National Network, include— 

10 ‘‘(A) projected revenues and expenditures 

11 for the Northeast Corridor, State-supported 

12 routes, long-distance routes, and corporate de13 velopment, including Federal and non-Federal 

14 funding sources; 

15 ‘‘(B) projected ridership levels for the 

16 Northeast Corridor, State-supported routes, 

17 and long-distance routes; 

18 ‘‘(C) projected capital and operational 

19 funding requirements necessary to maintain 

20 passenger service in order to accommodate pre21 dicted ridership levels and predicted sources of 

22 Federal and non-Federal funding; 

23 ‘‘(D) projected capital and operating re24 quirements, ridership, revenue, and expendiVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
24 

•HR 5449 IH

1 tures for new passenger service operations or 

2 service expansions; 

3 ‘‘(E) an assessment of the continuing fi4 nancial stability of Amtrak, as indicated by fac5 tors including anticipated Federal funding of 

6 capital and operating costs, Amtrak’s ability to 

7 efficiently recruit, retain, and manage its work8 force, and Amtrak’s ability to effectively provide 

9 passenger rail service; 

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

11 debt and associated principal and interest pay12 ments (both current and anticipated); 

13 ‘‘(G) annual cash flow forecasts; 

14 ‘‘(H) a statement describing methods of 

15 estimation and significant assumptions; 

16 ‘‘(I) specific measures that demonstrate 

17 measurable improvement year over year in the 

18 financial results of Amtrak’s operations; 

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

20 ‘‘(i) operating ratio, cash operating 

21 loss, and cash operating loss per passenger 

22 on a route, business line, and corporate 

23 basis; 

24 ‘‘(ii) specific costs and savings esti25 mates resulting from reform initiatives; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
25 

•HR 5449 IH

1 ‘‘(iii) productivity statistics on a 

2 route, business line, and corporate basis; 

3 and 

4 ‘‘(iv) equipment reliability statistics; 

5 ‘‘(K) capital and operating expenditures 

6 for anticipated security needs; and 

7 ‘‘(L) a prioritization of capital expendi8 tures by business line; and 

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

10 applicable, and grant processes established under 

11 sections 24906 and 24318. 

12 ‘‘(d) CONFORMANCE TO AUTHORIZED FUNDING LEV13 ELS.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), any financial projection for a fiscal year 

16 that is included in a plan prepared under this sec17 tion shall be based on the amount of dedicated fund18 ing for such fiscal year. 

19 ‘‘(2) ABSENCE OF APPROPRIATION.—In the ab20 sence of an appropriation of funds for such fiscal 

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

22 funds authorized by law to be appropriated for that 

23 fiscal year, plus other dedicated funding. 

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

25 subsection, the term ‘dedicated funding’ means any 


asabaliauskas on DSK5VPTVN1PROD with BILLS
26 

•HR 5449 IH

1 amounts appropriated for a fiscal year and any 

2 other funding sources, including revenues and other 

3 ancillary funding streams, for the Northeast Cor4 ridor or the National Network. 

5 ‘‘(e) STANDARDS TO PROMOTE FINANCIAL STA6 BILITY.—In preparing a plan under this section, the 

7 Board shall apply sound budgetary practices, including re8 ducing costs and other expenditures, improving produc9 tivity, increasing revenues, or combinations of such prac10 tices. 

11 ‘‘(f) UPDATES.—Amtrak shall provide monthly re12 ports for the current fiscal year in electronic format to 

13 the Secretary and the Committee on Transportation and 

14 Infrastructure and the Committee on Appropriations of 

15 the House of Representatives and the Committee on Com16 merce, Science, and Transportation and the Committee on 

17 Appropriations of the Senate regarding the items de18 scribed in subsection (c)(1), which shall include a descrip19 tion of the work completed to date, any differences from 

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

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

22 sections for such chapter 243 is amended by adding at 

23 the end the following new item: 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
27 

•HR 5449 IH

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

3 note) is repealed. 

4 SEC. 203. STATE-SUPPORTED ROUTES. 

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

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 24712. State-supported routes 

9 ‘‘(a) STATE-SUPPORTED ROUTE ADVISORY COM10 MITTEE.— 

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

12 after the date of enactment of the Passenger Rail 

13 Reform and Investment Act of 2014, the Secretary 

14 of Transportation shall establish a State-Supported 

15 Route Advisory Committee to promote mutual co16 operation and planning pertaining to the rail oper17 ations and related activities of trains operated on 

18 State-supported routes and to further implement 

19 section 209 of the Passenger Rail Investment and 

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

21 ‘‘(2) MEMBERSHIP.—The Committee shall con22 sist of representatives of— 

23 ‘‘(A) Amtrak; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
28 

•HR 5449 IH

1 ‘‘(B) the Department of Transportation, 

2 including the Federal Railroad Administration; 

3 and 

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

5 routes, selected by the Administrator of the 

6 Federal Railroad Administration on the basis of 

7 appropriate expertise and geographic balance, 

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

10 Committee. 

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

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

15 Committee’s memberships. 

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

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

19 than 2 times every fiscal year. The Committee shall 

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

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

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

24 2015, and annually thereafter, Amtrak shall trans25 mit to each State that sponsors a State-supported 


asabaliauskas on DSK5VPTVN1PROD with BILLS
29 

•HR 5449 IH

1 route, and to the Committee on Transportation and 

2 Infrastructure and the Committee on Appropriations 

3 of the House of Representatives and the Committee 

4 on Commerce, Science, and Transportation and the 

5 Committee on Appropriations of the Senate— 

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

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

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

10 the prior fiscal year; and 

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

12 for each such route for the upcoming fiscal 

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

15 Rail Investment and Improvement Act of 2008 

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

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

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

22 2015, and each year thereafter, Amtrak shall trans23 mit to each State that sponsors a State-supported 

24 route quarterly updates of the cost, service, and rid25 ership forecast described in paragraph (1)(B) to enVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
30 

•HR 5449 IH

1 able States to pace costs against State budgets, plan 

2 effectively, and address unexpected changes in costs 

3 in a timely manner, on the following dates: 

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

5 January through March of such year. 

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

7 April through June of such year. 

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

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

11 and monthly thereafter, Amtrak shall provide to each 

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

14 costs and third-party costs. 

15 ‘‘(d) DISPUTE RESOLUTION.— 

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

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

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

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

22 either Amtrak or the State may request that the 

23 Surface Transportation Board conduct expedited 

24 dispute resolution under this subsection. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
31 

•HR 5449 IH

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

3 resolution of disputes brought before it under this 

4 subsection. 

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

6 Surface Transportation Board under this subsection 

7 shall be binding on the parties to the dispute. 

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

10 course of negotiations for a contract for operation of a 

11 State-supported route. 

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

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

18 the State or States. 

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

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

21 of Columbia.’’. 

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

23 sections for such chapter 247 is amended by adding at 

24 the end the following new item: 

‘‘24712. State-supported routes.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
32 

•HR 5449 IH

1 SEC. 204. ROUTE AND SERVICE PLANNING DECISIONS. 

2 Section 208 of the Passenger Rail Investment and 

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

4 amended to read as follows: 

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

6 SERVICE PLANNING DECISIONS. 

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

8 than 180 days after the date of enactment of the Pas9 senger Rail Reform and Investment Act of 2014, as a con10 dition of receiving a grant under section 101 of such Act, 

11 Amtrak shall obtain the services of an independent entity 

12 to develop and recommend objective methodologies for 

13 Amtrak to use in determining what intercity rail passenger 

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

16 of existing routes, and the contraction or expansion of 

17 services or frequencies over such routes. 

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

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

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

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

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

25 facilities, equipment, and other services; 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
33 

•HR 5449 IH

1 ‘‘(3) the transportation needs of communities 

2 and populations that are not well served by intercity 

3 rail passenger transportation service or by other 

4 forms of intercity transportation; 

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

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

8 passenger rail routes and services; 

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

10 infrastructure over which Amtrak operates, Amtrak 

11 employee representatives, and other interested par12 ties; and 

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

14 under authorization levels that have been enacted 

15 into law. 

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

17 after the date of enactment of the Passenger Rail Reform 

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

19 Committee on Transportation and Infrastructure of the 

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

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

25 later than 90 days after transmitting the recommendaVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
34 

•HR 5449 IH

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

4 and Infrastructure of the House of Representatives and 

5 the Committee on Commerce, Science, and Transportation 

6 of the Senate a report containing an explanation of any 

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

9 SEC. 205. COMPETITION. 

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

11 States Code, is amended to read as follows: 

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

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

15 date of enactment of the Passenger Rail Reform and In16 vestment Act of 2014, the Federal Railroad Administra17 tion shall complete a rulemaking proceeding to develop a 

18 pilot program that— 

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

20 own infrastructure over which Amtrak operates a 

21 passenger rail service route described in subpara22 graph (B), (C), or (D) of section 24102(5) or in sec23 tion 24702(a) to petition the Federal Railroad Ad24 ministration to be considered as a passenger rail 


asabaliauskas on DSK5VPTVN1PROD with BILLS
35 

•HR 5449 IH

1 service provider over that route in lieu of Amtrak for 

2 an operations period of 5 years; 

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

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

7 be required to submit a bid to provide passenger rail 

8 service over the route to which the petition relates; 

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

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

12 sources of non-Federal funding the bidder would 

13 use, including any State subsidy, among other 

14 things; 

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

17 time after the deadline established under paragraph 

18 (2) and award to the winning bidder— 

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

20 passenger rail service over that route subject to 

21 such performance standards as the Federal 

22 Railroad Administration may require; and 

23 ‘‘(B) an operating subsidy— 

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

25 excess of 90 percent of the level in effect 


asabaliauskas on DSK5VPTVN1PROD with BILLS
36 

•HR 5449 IH

1 for that specific route during the fiscal 

2 year preceding the fiscal year in which the 

3 petition was received, adjusted for infla4 tion; and 

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

6 level calculated under clause (i), adjusted 

7 for inflation; and 

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

9 plan describing the number of employees needed to 

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

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

14 available by the winning bidder to the public after 

15 the bid award. 

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

17 Administration may not make the program available with 

18 respect to more than 2 Amtrak intercity passenger rail 

19 routes. 

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

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

24 or rail carriers— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
37 

•HR 5449 IH

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

2 carrier or rail carriers for rail passenger operations 

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

5 ‘‘(A) the service provider continuing to 

6 provide passenger rail service on the route that 

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

8 than Amtrak provided on that route before the 

9 award; and 

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

11 the standards established under subsection 

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

13 standards as the Administration may establish; 

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

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

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

20 carry out the purposes of this section; 

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

22 rail carrier or rail carriers in the operation of a 

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

25 applicable Federal laws and regulations governing 


asabaliauskas on DSK5VPTVN1PROD with BILLS
38 

•HR 5449 IH

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

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

4 4312 note) relating to employees that provide food 

5 and beverage service; and 

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

7 preference to qualified Amtrak employees displaced 

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

9 plan submitted by the bidder, and shall be subject 

10 to the grant conditions under section 24405 of this 

11 title. 

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

13 rail carriers awarded a route under this section cannot 

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

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

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

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

19 impaired thereby, the Surface Transportation Board shall, 

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

21 order that the facilities and equipment be made available, 

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

24 for use of the facilities and equipment and provision of 

25 the services. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
39 

•HR 5449 IH

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

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

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

6 Transportation Board, shall take any necessary action 

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

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

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

15 that the Federal Railroad Administration has sufficient 

16 resources appropriated under section 101(b) of Passenger 

17 Rail Reform and Investment Act of 2014, or any subse18 quent appropriation, for that purpose that are adequate 

19 to undertake the program established under this section. 

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

22 this section appropriations authorized under sections 

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

24 of 2014, or any subsequent appropriation for the same 


asabaliauskas on DSK5VPTVN1PROD with BILLS
40 

•HR 5449 IH

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

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

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

10 program established under section 24711 of title 49 

11 United States Code, and any recommendations for further 

12 action. 

13 SEC. 206. FOOD AND BEVERAGE REFORM. 

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

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

16 following new section: 

17 ‘‘§ 24321. Food and beverage reform 

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

19 of enactment of the Passenger Rail Reform and Invest20 ment Act of 2014, Amtrak shall develop and begin imple21 menting a plan to eliminate, within 5 years of such date 

22 of enactment, the operating loss associated with providing 

23 food and beverage service on board Amtrak trains. 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
41 

•HR 5449 IH

1 cost management and revenue generation initiatives, in2 cluding— 

3 ‘‘(1) scheduling optimization; 

4 ‘‘(2) on-board logistics; 

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

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

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

10 ‘‘(6) ticket revenue allocation. 

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

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

14 of 2014 is involuntarily separated because of— 

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

16 plan required under subsection (a); or 

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

19 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

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

21 date of enactment of the Passenger Rail Reform and In22 vestment Act of 2014, no Federal funds may be used to 

23 cover any operating loss associated with providing food 

24 and beverage service on a route operated by Amtrak or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
42 

•HR 5449 IH

1 an alternative passenger rail service provider that operates 

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

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

4 date of enactment of the Passenger Rail Reform and In5 vestment Act of 2014, and annually thereafter for 5 years, 

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

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

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

11 in the implementation of the plan.’’. 

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

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

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

15 SEC. 207. RIGHT OF WAY LEVERAGING. 

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

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

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

20 telecommunications systems, energy distribution systems, 

21 and other activities considered appropriate by Amtrak. 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
43 

•HR 5449 IH

1 monetize such assets through revenue sharing agreements 

2 with Amtrak. 

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

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

5 Board of Directors shall review and consider each proposal 

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

7 into such agreements as are necessary to implement any 

8 such proposal or proposals. 

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

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

11 shall transmit to the Committee on Transportation and 

12 Infrastructure of the House of Representatives and the 

13 Committee on Commerce, Science, and Transportation of 

14 the Senate a report on the Request for Proposals required 

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

17 by the Amtrak Board of Directors. 

18 SEC. 208. STATION DEVELOPMENT. 

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

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

22 and Infrastructure of the House of Representatives and 

23 the Committee on Commerce, Science, and Transportation 

24 of the Senate a report on options to enhance development 

25 around Amtrak stations, including— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
44 

•HR 5449 IH

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

3 (2) options for capturing development-related 

4 revenue streams; and 

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

7 (b) PROPOSALS.— 

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

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

10 Amtrak shall issue a Request for Proposals seeking 

11 persons or entities, where appropriate, to carry out 

12 the options identified under subsection (a). 

13 (2) CONSIDERATION OF PROPOSALS.—Not later 

14 than 24 months after the date of enactment of this 

15 Act, the Amtrak Board of Directors shall review and 

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

18 as are necessary to implement any such proposal or 

19 proposals. 

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

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

22 shall transmit to the Committee on Transportation and 

23 Infrastructure of the House of Representatives and the 

24 Committee on Commerce, Science, and Transportation of 

25 the Senate a report on the Request for Proposals required 


asabaliauskas on DSK5VPTVN1PROD with BILLS
45 

•HR 5449 IH

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

3 by the Amtrak Board of Directors. 

4 SEC. 209. AMTRAK DEBT. 

5 Section 205 of the Passenger Rail Investment and 

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

7 amended— 

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

10 after ‘‘Amtrak’s indebtedness’’; 

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

12 this Act’’ each place it appears; 

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

14 sentence; 

15 (4) in subsection (e)(1), by striking ‘‘by section 

16 102 of this division’’; and 

17 (5) in subsection (e)(2), by striking ‘‘by section 

18 102’’ and inserting ‘‘for Amtrak’’. 

19 SEC. 210. AMTRAK PILOT PROGRAM FOR PASSENGERS 

20 TRANSPORTING DOMESTICATED CATS AND 

21 DOGS. 

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

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

24 program that allows passengers to transport domesticated 

25 cats or dogs on certain trains operated by Amtrak. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
46 

•HR 5449 IH

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

2 required under subsection (a), Amtrak shall— 

3 (1) in the case of a passenger train that is com4 prised of more than 1 car, designate, where feasible, 

5 at least 1 car in which a ticketed passenger may 

6 transport a domesticated cat or dog in the same 

7 manner as carry-on baggage if— 

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

9 kennel; 

10 (B) the pet kennel is stowed in accordance 

11 with Amtrak size requirements for carriage of 

12 carry-on baggage; 

13 (C) the passenger is traveling on a train 

14 operating on a route described in subparagraph 

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

16 United States Code; and 

17 (D) the passenger pays a fee described in 

18 paragraph (3); 

19 (2) allow a ticketed passenger to transport a 

20 domesticated cat or dog on a train in the same man21 ner as cargo if— 

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

23 kennel; 

24 (B) the pet kennel is stowed in accordance 

25 with Amtrak requirements for cargo stowage; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
47 

•HR 5449 IH

1 (C) the passenger is traveling on a train 

2 operating on a route described in subparagraph 

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

4 United States Code; 

5 (D) the cargo area is temperature con6 trolled in a manner protective of cat and dog 

7 safety and health; and 

8 (E) the passenger pays a fee described in 

9 paragraph (3); and 

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

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

12 aggregate and at a minimum, covers the full costs 

13 of the pilot program. 

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

15 program required under subsection (a) is first imple16 mented, Amtrak shall transmit to the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives and the Committee on Commerce, Science, 

19 and Transportation of the Senate a report containing an 

20 evaluation of the pilot program. 

21 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

22 (1) SERVICE ANIMALS.—The pilot program re23 quired under subsection (a) shall be separate from 

24 and in addition to the policy governing Amtrak pas25 sengers traveling with service animals. Nothing in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
48 

•HR 5449 IH

1 this section may be interpreted to limit or waive the 

2 rights of passengers to transport service animals. 

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

4 section may be interpreted to require Amtrak to add 

5 additional train cars or modify existing train cars. 

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

7 be used to implement the pilot program required 

8 under this section. 

9 SEC. 211. AMTRAK BOARDING PROCEDURES. 

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

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

12 General shall transmit to the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and Transpor15 tation of the Senate a report that— 

16 (1) evaluates Amtrak’s boarding procedures at 

17 its 10 stations through which the most people pass; 

18 (2) compares Amtrak’s boarding procedures 

19 to— 

20 (A) commuter railroad boarding proce21 dures at stations shared with Amtrak; 

22 (B) international intercity passenger rail 

23 boarding procedures; and 

24 (C) fixed guideway transit boarding proce25 dures; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
49 

•HR 5449 IH

1 (3) makes recommendations, as appropriate, to 

2 improve Amtrak’s boarding procedures, including 

3 recommendations regarding the queuing of pas4 sengers and free-flow of all station-users. 

5 (b) CONSIDERATION OF RECOMMENDATIONS.—Not 

6 later than 6 months after the release of the report re7 quired under subsection (a), the Amtrak Board of Direc8 tors shall consider each recommendation provided under 

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

10 system. 

11 TITLE III—INTERCITY 

12 PASSENGER RAIL POLICY 

13 SEC. 301. FEDERAL-STATE PARTNERSHIP FOR NORTHEAST 

14 CORRIDOR DEVELOPMENT AND IMPROVE15 MENT. 

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

17 States Code, is amended by adding at the end the fol18 lowing new section: 

19 ‘‘§ 24407. Federal-State partnership for Northeast 

20 Corridor rehabilitation and improvement 

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

22 shall develop and implement a program for issuing grants 

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

24 financing the capital projects included in the Northeast 


asabaliauskas on DSK5VPTVN1PROD with BILLS
50 

•HR 5449 IH

1 Corridor Priority Project List developed under subsection 

2 (c). 

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

4 definitions apply: 

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

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

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

8 established by one or more States and having re9 sponsibility for providing intercity passenger or com10 muter rail service. 

11 ‘‘(2) MAJOR STATE-OF-GOOD-REPAIR

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

13 project’ means a capital project primarily intended 

14 to replace, rehabilitate or repair major Northeast 

15 Corridor infrastructure assets utilized for providing 

16 intercity rail passenger transportation, including 

17 tunnels, bridges, stations, and other assets as deter18 mined by the Secretary. 

19 ‘‘(3) IMPROVEMENT PROJECT.—The term ‘im20 provement project’ means a capital project primarily 

21 intended to improve intercity passenger rail perform22 ance on the Northeast Corridor, including reduced 

23 trip times, increased train frequencies, higher oper24 ating speeds, and other improvements as determined 

25 by the Secretary. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
51 

•HR 5449 IH

1 ‘‘(c) NORTHEAST CORRIDOR PRIORITY PROJECT

2 LIST.—The Northeast Corridor Infrastructure and Oper3 ations Advisory Commission, established under section 

4 24905, shall develop and approve a Northeast Corridor 

5 Priority Project List that shall include— 

6 ‘‘(1) a list of prioritized individual major state7 of-good-repair projects and improvement projects 

8 along the Northeast Corridor that— 

9 ‘‘(A) can be completed based on— 

10 ‘‘(i) the funding authorized under sec11 tion 103(b) of the Passenger Rail Reform 

12 and Investment Act of 2014; 

13 ‘‘(ii) any subsequent applicable au14 thorization in effect; 

15 ‘‘(iii) in the absence of such an au16 thorization, a 5-year funding amount based 

17 on the most recent appropriation; or 

18 ‘‘(iv) the requirements of subsection 

19 (d); and 

20 ‘‘(B) are consistent with the Northeast 

21 Corridor capital investment plan required under 

22 section 24906(a); 

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

24 individual project; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
52 

•HR 5449 IH

1 ‘‘(3) an identification of the sources of non2 Federal matching funds for each project; and 

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

4 will bring to intercity rail passenger services. 

5 ‘‘(d) USE OF FUNDS.—The Federal grants author6 ized under this section shall be for no more than 50 per7 cent of the net project cost of the project involved. 

8 ‘‘(e) APPLICABILITY OF CAPITAL GRANT REQUIRE9 MENTS.—Except as specifically provided in this section, 

10 the use of any amounts appropriated for grants under this 

11 section shall be subject to the requirements of this chap12 ter. 

13 ‘‘(f) MATCH REQUIREMENTS.—No grants may be ob14 ligated to an applicant under this section unless the appli15 cant has transmitted to the Secretary of Transportation 

16 a binding written commitment to provide all amounts nec17 essary for the purpose of matching Federal contributions 

18 as required by this section. 

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

20 Infrastructure and Operations Advisory Commission shall 

21 revise the NEC Priority Project List as necessary to re22 flect— 

23 ‘‘(1) any differences in the availability of Fed24 eral funding from the levels assumed for purposes of 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
53 

•HR 5449 IH

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

2 and 

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

4 derived from a project. 

5 ‘‘(h) AVAILABILITY.—Amounts appropriated for car6 rying out this section shall remain available until ex7 pended. 

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

9 supplant the requirement of applicants to compensate Am10 trak for the use of Amtrak facilities or services pursuant 

11 to section 24905(c). 

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

13 term ‘Northeast Corridor’ means the Northeast Corridor 

14 main line between Boston, Massachusetts, and the District 

15 of Columbia, and the Northeast Corridor branch lines con16 necting to Harrisburg, Pennsylvania, Springfield, Massa17 chusetts, and Spuyten Duyvil, New York, and facilities 

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

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions for chapter 244 of title 49, United States Code, is 

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

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

22 SEC. 302. RRIF IMPROVEMENTS. 

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

24 date of enactment of this Act, the Secretary of TransporVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
54 

•HR 5449 IH

1 tation shall issue regulations implementing the amend2 ments made by this section. 

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

4 Revitalization and Regulatory Reform Act of 1976 (45 

5 U.S.C. 822(h)(2)) is amended— 

6 (1) by striking ‘‘(2) The Secretary’’ and insert7 ing ‘‘(2)(A) The Secretary’’; 

8 (2) by inserting ‘‘The Secretary may subordi9 nate rights of the Secretary under any provision of 

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

11 rights of the Secretary under this section and sec12 tion 503.’’ after ‘‘from another source.’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

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

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

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

18 or dedicated revenue as collateral offered to secure the 

19 loan.’’. 

20 (c) OFFICE OF MANAGEMENT AND BUDGET RE21 VIEW.—Section 502(i) of such Act (45 U.S.C. 822(i)) is 

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

23 such time limit, the Office of Management and Budget 

24 shall take any actions required with respect to the applicaVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
55 

•HR 5449 IH

1 tion within such 90-day period.’’ after ‘‘disapprove the ap2 plication.’’. 

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

4 (45 U.S.C. 822(i)) is further amended— 

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

6 90 days after receiving’’ and inserting ‘‘DIS7 APPROVAL.— 

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

9 after an application is determined pursuant to para10 graph (2) to be’’; and 

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

12 paragraphs: 

13 ‘‘(2) COMPLETION OF APPLICATION.—The Sec14 retary shall establish procedures for making a deter15 mination, not later than 45 days after submission of 

16 an application under this section, whether the appli17 cation is complete. Such procedures shall— 

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

19 components of a complete application; 

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

21 the applicant a description of the specific com22 ponents of the application that remain incom23 plete if an application is determined to be in24 complete; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
56 

•HR 5449 IH

1 ‘‘(C) permit reapplication without preju2 dice for applications determined to be incom3 plete. 

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

5 Secretary shall assign an independent financial ana6 lyst within 45 days of submittal of a complete appli7 cation.’’. 

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

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

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

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

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

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

14 (45 U.S.C. 822) is further amended by adding at the end 

15 the following new subsection: 

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

17 after the date of enactment of the Passenger Rail Reform 

18 and Investment Act of 2014, and annually thereafter, the 

19 Secretary shall transmit to Congress a report on the pro20 gram under this section that provides information on loans 

21 approved and disapproved by the Secretary during the pre22 vious year. Such report shall not disclose the identity of 

23 direct loan or loan guarantee recipients. The report shall 

24 describe— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
57 

•HR 5449 IH

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

2 with potential applicants; 

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

4 determined complete under subsection (i)(2), includ5 ing the requested loan amounts; 

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

7 ‘‘(4) the dates applications were determined 

8 complete under subsection (i)(2); 

9 ‘‘(5) the number of applications determined in10 complete under subsection (i)(2); 

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

12 and disapprovals of applications; 

13 ‘‘(7) the number of applications withdrawn 

14 from consideration; and 

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

16 SEC. 303. NEC FAST FORWARD. 

17 (a) NORTHEAST CORRIDOR AUTHORITY.—Section 

18 502(d) of the Railroad Revitalization and Regulatory Re19 form Act of 1976 (45 U.S.C. 822(d)) is amended by in20 serting ‘‘40 percent shall be available solely for projects 

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

22 amount,’’. 

23 (b) NORTHEAST CORRIDOR FAST FORWARD PRO24 GRAM.—Section 502 of such Act is further amended by 

25 adding at the end the following new subsection: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
58 

•HR 5449 IH

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

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

3 Railroad Rehabilitation and Improvement Financing 

4 program, shall provide direct loans and loan guaran5 tees to eligible entities described in subsection (a) 

6 for capital projects to improve the Northeast Cor7 ridor (as used in section 24906 of title 49, United 

8 States Code). 

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

10 under this subsection shall require collateral equal to 

11 the loan amount requested. 

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

13 loan or loan guarantee shall be made under this sub14 section only if a rating agency has assigned an in15 vestment grade rating of BBB minus, Baa3, bbb 

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

17 project obligation. For purposes of this paragraph, 

18 the term ‘rating agency’ means a credit rating agen19 cy registered with the Securities and Exchange Com20 mission as a nationally recognized statistical rating 

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

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

23 78c(a))). 

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

25 and loan guarantees made under this subsection 


asabaliauskas on DSK5VPTVN1PROD with BILLS
59 

•HR 5449 IH

1 shall be for projects that are included in the most 

2 recent 5-year budget and business plan prepared 

3 pursuant to section 24906(a) of title 49, United 

4 States Code. 

5 ‘‘(5) REFINANCING.—Loans made or guaran6 teed under this subsection shall not be used for the 

7 refinancing of outstanding debt incurred. 

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

9 shall not apply to loans made or guaranteed under 

10 this subsection.’’. 

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

12 180 days after the date of enactment of this Act, the 

13 Comptroller General shall transmit to the Committee on 

14 Transportation and Infrastructure of the House of Rep15 resentatives and the Committee on Commerce, Science, 

16 and Transportation of the Senate a report identifying po17 tential revenue sources, projects, and service improve18 ments that could be achieved by the amendments made 

19 by subsections (a) and (b). 

20 (d) CONDITIONS OF FUNDING.— 

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

22 States Code, is amended— 

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

24 ‘‘30 days’’ in subsection (a)(4)(B); and 

25 (B) by adding at the end the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
60 

•HR 5449 IH

1 ‘‘(12) Not later than 1 year after the date of enact2 ment of the Passenger Rail Reform and Investment Act 

3 of 2014, and annually thereafter, the Secretary shall 

4 transmit to the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on 

6 Transportation and Infrastructure of the House of Rep7 resentatives a report listing any waiver issued under this 

8 section during the preceding year.’’. 

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

10 Revitalization and Regulatory Reform Act of 1976 

11 (45 U.S.C. 822(h)(3)) is amended— 

12 (A) by striking ‘‘and’’ at the end of sub13 paragraph (A); 

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

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

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

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

18 title 49, United States Code.’’. 

19 SEC. 304. LARGE CAPITAL PROJECT REQUIREMENTS. 

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

21 amended by adding at the end the following subsection: 

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

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

24 this chapter for an amount in excess of 

25 $1,000,000,000, the following conditions shall apply: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
61 

•HR 5449 IH

1 ‘‘(A) The Secretary of Transportation shall 

2 not obligate any funding unless the applicant 

3 demonstrates to the satisfaction of the Sec4 retary that it has committed and will be able to 

5 fulfill the non-Federal share required for the 

6 grant within the applicant’s proposed project 

7 completion timetable. 

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

9 funding for work activities that occur after the 

10 completion of final design unless— 

11 ‘‘(i) the applicant transmits to the 

12 Secretary a financial plan that generally 

13 identifies the sources of the non-Federal 

14 funding required for any subsequent seg15 ments or phases of the corridor service de16 velopment program covering the project for 

17 which the grant is made; 

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

19 segment, a transportation facility, or 

20 equipment, that has operational independ21 ence; and 

22 ‘‘(iii) the intercity passenger rail bene23 fits anticipated to result from the grant, 

24 such as increased speed, improved on-time 

25 performance, reduced trip time, increased 


asabaliauskas on DSK5VPTVN1PROD with BILLS
62 

•HR 5449 IH

1 frequencies, new service, safety improve2 ments, improved accessibility, or other sig3 nificant enhancements are detailed by the 

4 grantee and approved by the Secretary. 

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

6 project is maintained to the level of utility that 

7 is necessary to support the benefits approved 

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

9 years from the date the useable segment, trans10 portation facility, or equipment described in 

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

12 project property is not maintained as required 

13 by this subparagraph for a period of time in ex14 cess of 12 months, then a pro-rata share of the 

15 Federal contribution, based upon the percent16 age remaining of the 20-year period that com17 menced when the project property was placed in 

18 service, shall be refunded. 

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

20 grantee subject to this subsection to engage in at21 risk work activities subsequent to the conclusion of 

22 final design where the Secretary determines that 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
63 

•HR 5449 IH

1 SEC. 305. SMALL BUSINESS PARTICIPATION STUDY. 

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

3 conduct a nationwide disparity and availability study on 

4 the availability and use of small business concerns owned 

5 and controlled by socially and economically disadvantaged 

6 individuals in publically funded intercity rail passenger 

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

8 United States Code) projects administered by the Federal 

9 Railroad Administration. 

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

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

12 the Committee on Transportation and Infrastructure of 

13 the House of Representatives and the Committee on Com14 merce, Science, and Transportation of the Senate a report 

15 containing the results of the study conducted under sub16 section (a). 

17 (c) DEFINITIONS.—In this section: 

18 (1) SMALL BUSINESS CONCERN.— 

19 (A) IN GENERAL.—The term ‘‘small busi20 ness concern’’ means a small business concern 

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

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

23 (B) EXCLUSIONS.—The term ‘‘small busi24 ness concern’’ does not include any concern or 

25 group of concerns controlled by the same so26 cially and economically disadvantaged individual 


asabaliauskas on DSK5VPTVN1PROD with BILLS
64 

•HR 5449 IH

1 or individuals that have average annual gross 

2 receipts during the preceding 3 fiscal years in 

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

4 the Secretary for inflation. 

5 (2) SOCIALLY AND ECONOMICALLY DISADVAN6 TAGED INDIVIDUAL.—The term ‘‘socially and eco7 nomically disadvantaged individual’’ has the mean8 ing given the term in section 8(d) of the Small Busi9 ness Act (15 U.S.C. 637(d)) and relevant subcon10 tracting regulations issued pursuant to that Act, ex11 cept that women shall be presumed to be socially 

12 and economically disadvantaged individuals for pur13 poses of this section. 

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

15 to the Office of the Secretary of the Department of Trans16 portation and the Federal Railroad Administration, for 

17 each of fiscal years 2015 and 2016, $3,000,000 shall be 

18 used to implement the requirements of this section. 

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

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

21 date of enactment of this Act, the Federal Railroad Ad22 ministration shall convene a working group to evaluate the 

23 restoration of intercity rail passenger service in the Gulf 

24 Coast region between New Orleans, Louisiana, and Or25 lando, Florida. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
65 

•HR 5449 IH

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

2 of representatives of— 

3 (1) Amtrak; 

4 (2) the States along the proposed route or 

5 routes; 

6 (3) regional transportation planning organiza7 tions and metropolitan planning organizations, mu8 nicipalities, and communities along the proposed 

9 route or routes, selected by the Administrator of the 

10 Federal Railroad Administration; 

11 (4) the Southern Rail Commission; 

12 (5) freight railroad carriers whose tracks may 

13 be used for such service; and 

14 (6) other entities determined appropriate by the 

15 Administrator. 

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

17 (1) evaluate all options for restoring intercity 

18 rail passenger service in the Gulf Coast region, in19 cluding options outlined in the report transmitted to 

20 Congress pursuant to section 226 of the Passenger 

21 Rail Investment and Improvement Act of 2008 

22 (Public Law 110–432); 

23 (2) select a preferred option for restoring such 

24 service; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
66 

•HR 5449 IH

1 (3) develop a prioritized inventory of capital 

2 projects and other actions required to restore such 

3 service and cost estimates for such projects or ac4 tions; and 

5 (4) identify Federal and non-Federal funding 

6 sources required to restore such service, including 

7 options for entering into public-private partnerships 

8 to restore such service. 

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

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

11 to the Committee on Transportation and Infrastructure 

12 in the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation in the Senate a 

14 report that includes— 

15 (1) the preferred option selected under sub16 section (c)(2) and the reasons for selecting such op17 tion; 

18 (2) the information described in subsection 

19 (c)(3); 

20 (3) the funding sources identified under sub21 section (c)(4); 

22 (4) the costs and benefits of restoring intercity 

23 rail passenger transportation in the region; and 

24 (5) any other information the working group 

25 determines appropriate. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
67 

•HR 5449 IH

1 SEC. 307. MISCELLANEOUS. 

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

3 States Code, is amended— 

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

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

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

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

8 (3) in section 24706— 

9 (A) in subsection (a)(1), by striking ‘‘a dis10 continuance under section 24704 or or’’; 

11 (B) in subsection (a)(2), by striking ‘‘sec12 tion 24704 or’’; and 

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

14 24704 or’’. 

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

16 relating to section 24316 in the table of sections for chap17 ter 243 of such title is amended by striking ‘‘Plan to as18 sist’’ and inserting ‘‘Plans to address needs of’’. 

19 (c) PASSENGER RAIL INVESTMENT AND IMPROVE20 MENT ACT AMENDMENTS.—Section 305 of the Passenger 

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

22 24101 note) is amended— 

23 (1) in subsection (a), by inserting after ‘‘equip24 ment manufacturers,’’ the following: ‘‘nonprofit or25 ganizations representing employees who perform 


asabaliauskas on DSK5VPTVN1PROD with BILLS
68 

•HR 5449 IH

1 overhaul and maintenance of passenger railroad 

2 equipment,’’; 

3 (2) in subsection (c), by striking ‘‘, and may es4 tablish a corporation, which may be owned or joint5 ly-owned by Amtrak, participating States, or other 

6 entities, to perform these functions’’; and 

7 (3) in subsection (e), by striking ‘‘and estab8 lishing a jointly-owned corporation to manage that 

9 equipment’’. 

10 TITLE IV—PROJECT DELIVERY 

11 SEC. 401. PROJECT DELIVERY RULEMAKING. 

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

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

14 a rulemaking to govern the Federal review, permitting, 

15 and approval or disapproval of— 

16 (1) freight railroad and intercity rail passenger 

17 transportation infrastructure projects, including 

18 those that are carried out or planned to be carried 

19 out with the use of Federal funds administered by 

20 the Department of Transportation through a grant, 

21 contract, loan, or other financing instrument; and 

22 (2) commuter rail passenger transportation (as 

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

24 States Code) infrastructure projects that are funded 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
69 

•HR 5449 IH

1 guarantee under title V of the Railroad Revitaliza2 tion and Regulatory Reform Act of 1976 (45 U.S.C. 

3 801 et seq.). 

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

5 rulemaking required under subsection (a) not later than 

6 2 years after the date of enactment of this Act. 

7 (c) REQUIREMENTS AND CONSIDERATIONS.—The 

8 rulemaking under subsection (a) shall include procedures 

9 that— 

10 (1) reduce the aggregate time for review and 

11 permitting of infrastructure projects described under 

12 subsection (a) while preserving existing statutory re13 quirements for public comment or assessing the im14 pact of a proposed project; 

15 (2) institutionalize or expand best practices or 

16 process improvements that agencies are already im17 plementing to improve the efficiency of reviews; 

18 (3) identify high-performance attributes of in19 frastructure projects described under subsection (a) 

20 that demonstrate how projects seek to advance exist21 ing statutory and policy objectives, thereby facili22 tating a more efficient review and permitting proc23 ess; 

24 (4) create a process to invite Federal agencies 

25 and State, local, and tribal governments to particiVerDate Mar 15 2010 21:22 Sep 12, 2014 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5449.IH H5449

asabaliauskas on DSK5VPTVN1PROD with BILLS
70 

•HR 5449 IH

1 pate in the review process, expand coordination with 

2 such agencies and governments, and require the 

3 identification as early as practicable in the process 

4 of any— 

5 (A) Federal agency or State, local, or trib6 al government with jurisdiction over the project 

7 or required by law to conduct or issue a review 

8 or make a determination with regard to the 

9 project; and 

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

11 license, or approval required for the project; 

12 (5) create process efficiencies, including— 

13 (A) designating Federal agencies and 

14 State, local, and tribal governments as cooper15 ating and participating agencies; 

16 (B) conducting concurrent and integrated 

17 reviews, analyses, opinions, and permits, li18 censes, or approvals to the maximum extent 

19 practicable; 

20 (C) establishing timelines, in coordination 

21 with affected Federal agencies, for completion 

22 of those reviews, analyses, opinions, and per23 mits, licenses, or approvals; 

24 (D) developing a coordination plan and 

25 schedule, in coordination with affected Federal 


asabaliauskas on DSK5VPTVN1PROD with BILLS
71 

•HR 5449 IH

1 agencies, for participation in the review by Fed2 eral agencies, State, local, and tribal govern3 ments, and the public; and 

4 (E) implementing a process to effectively 

5 identify and resolve issues that may affect com6 pletion of reviews in a timely manner; 

7 (6) effectively engage the public and interested 

8 stakeholders as early in the review process as pos9 sible; 

10 (7) include opportunities to use existing share11 in-cost authorities and other nonappropriated fund12 ing sources to support early coordination and project 

13 review; 

14 (8) expand the use of information technology 

15 tools and identify priority areas for information 

16 technology investment to replace paperwork proc17 esses, enhance effective project siting decisions, en18 hance interagency collaboration, and improve the 

19 monitoring of project impacts and mitigation com20 mitments; 

21 (9) ensure that documents developed under the 

22 procedures are adopted and used by other Federal 

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

24 the maximum extent practicable, to eliminate redun25 dancy and duplicative reviews; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
72 

•HR 5449 IH

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) 


asabaliauskas on DSK5VPTVN1PROD with BILLS
73 

•HR 5449 IH

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
74 

•HR 5449 IH

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
75 

•HR 5449 IH

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).’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
76 

•HR 5449 IH

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)’’. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS