173 
(b) SUBMITTAL TO CONGRESS.—Within 1 year after 
the date of enactment of this Act, the entity shall submit 
recommendations developed under subsection (a) to Amtrak, 
the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(c) CONSIDERATION OF RECOMMENDATIONS.—Within 
90 days after receiving the recommendations developed 
under subsection (a) by the entity, the Amtrak Board of 
Directors shall consider the adoption of those recommenda-
tions. The Board shall transmit a report to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate explaining its reasons for 
adopting or not adopting the recommendations. 
SEC. 209. STATE-SUPPORTED ROUTES. 
(a) IN GENERAL.—Within 2 years after the date of en-
actment of this Act, the Amtrak Board of Directors, in con-
sultation with the Secretary, the governors of each relevant 
State, and the Mayor of the District of Columbia, or entities 
representing those officials, shall develop and implement a 
single, nationwide standardized methodology for estab-
lishing and allocating the operating and capital costs 
among the States and Amtrak associated with trains oper-
174 
ated on each of the routes described in section 24102(5)(B) 
and (D) and section 24702 that— 
(1) ensures, within 5 years after the date of en-
actment of this Act, equal treatment in the provision 
of like services of all States and groups of States (in-
cluding the District of Columbia); and 
(2) allocates to each route the costs incurred only 
for the benefit of that route and a proportionate 
share, based upon factors that reasonably reflect rel-
ative use, of costs incurred for the common benefit of 
more than 1 route. 
(b) REVISIONS.—The Amtrak Board of Directors, in 
consultation with the Secretary, the governors of each rel-
evant State, and the Mayor of the District of Columbia, 
or entities representing those officials, may revise or amend 
the methodology established under subsection (a) as nec-
essary, consistent with the intent of this section, including 
revisions or modifications based on Amtrak’s financial ac-
counting system developed pursuant to section 203 of this 
division. 
(c) REVIEW.—If Amtrak and the States (including the 
District of Columbia) in which Amtrak operates such routes 
do not voluntarily adopt and implement the methodology 
developed under subsection (a) in allocating costs and deter-
mining compensation for the provision of service in accord-
175 
ance with the date established therein, the Surface Trans-
portation Board shall determine the appropriate method-
ology required under subsection (a) for such services in ac-
cordance with the procedures and procedural schedule ap-
plicable to a proceeding under section 24904(c) of title 49, 
United States Code, and require the full implementation 
of this methodology with regards to the provision of such 
service within 1 year after the Board’s determination of the 
appropriate methodology. 
(d) USE OF CHAPTER 244 FUNDS.—Funds provided 
to a State under chapter 244 of title 49, United States Code, 
may be used, as provided in that chapter, to pay capital 
costs determined in accordance with this section. 
SEC. 210. LONG-DISTANCE ROUTES. 
(a) IN GENERAL.—Chapter 247 is amended by adding 
at the end thereof the following: 
‘‘§ 24710. Long-distance routes 
‘‘(a) ANNUAL EVALUATION.—Using the financial and 
performance metrics developed under section 207 of the Pas-
senger Rail Investment and Improvement Act of 2008, Am-
trak shall— 
‘‘(1) evaluate annually the financial and oper-
ating performance of each long-distance passenger 
rail route operated by Amtrak; and
176 
‘‘(2) rank the overall performance of such routes 
for 2008 and identify each long-distance passenger 
rail route operated by Amtrak in 2008 according to 
its overall performance as belonging to the best per-
forming third of such routes, the second best per-
forming third of such routes, or the worst performing 
third of such routes. 
‘‘(b) PERFORMANCE IMPROVEMENT PLAN.—Amtrak 
shall develop and post on its website a performance im-
provement plan for its long-distance passenger rail routes 
to achieve financial and operating improvements based on 
the data collected through the application of the financial 
and performance metrics developed under section 207 of 
that Act. The plan shall address— 
‘‘(1) on-time performance; 
‘‘(2) scheduling, frequency, routes, and stops; 
‘‘(3) the feasibility of restructuring service into 
connected corridor service; 
‘‘(4) performance-related equipment changes and 
capital improvements; 
‘‘(5) on-board amenities and service, including 
food, first class, and sleeping car service; 
‘‘(6) State or other non-Federal financial con-
tributions; 
‘‘(7) improving financial performance;
177 
‘‘(8) anticipated Federal funding of operating 
and capital costs; and 
‘‘(9) other aspects of Amtrak’s long-distance pas-
senger rail routes that affect the financial, competi-
tive, and functional performance of service on Am-
trak’s long-distance passenger rail routes. 
‘‘(c) IMPLEMENTATION.—Amtrak shall implement the 
performance improvement plan developed under subsection 
(b)— 
‘‘(1) beginning in fiscal year 2010 for those 
routes identified as being in the worst performing 
third under subsection (a)(2); 
‘‘(2) beginning in fiscal year 2011 for those 
routes identified as being in the second best per-
forming third under subsection (a)(2); and 
‘‘(3) beginning in fiscal year 2012 for those 
routes identified as being in the best performing third 
under subsection (a)(2). 
‘‘(d) ENFORCEMENT.—The Federal Railroad Adminis-
tration shall monitor the development, implementation, and 
outcome of improvement plans under this section. If the 
Federal Railroad Administration determines that Amtrak 
is not making reasonable progress in implementing its per-
formance improvement plan or, after the performance im-
provement plan is implemented under subsection (c)(1) in
178 
accordance with the terms of that plan, Amtrak has not 
achieved the outcomes it has established for such routes, 
under the plan for any calendar year, the Federal Railroad 
Administration— 
‘‘(1) shall notify Amtrak, the Inspector General 
of the Department of Transportation, the Committee 
on Transportation and Infrastructure of the House of 
Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate of its de-
termination under this subsection; 
‘‘(2) shall provide Amtrak with an opportunity 
for a hearing with respect to that determination; and 
‘‘(3) may withhold appropriated funds otherwise 
available to Amtrak for the operation of a route or 
routes from among the worst performing third of 
routes currently served by Amtrak on which Amtrak 
is not making reasonable progress, other than funds 
made available for passenger safety or security meas-
ures.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 247 is amended by inserting after the item relat-
ing to section 24709 the following: 
‘‘24710. Long distance routes.’’.