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SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL AC-
COUNTING SYSTEM. 
(a) IN GENERAL.—The Amtrak Board of Directors— 
(1) may employ an independent financial consultant 
with experience in railroad accounting to assist Amtrak 
in improving Amtrak’s financial accounting and report-
ing system and practices; 
(2) shall implement a modern financial accounting 
and reporting system not later than 3 years after the 
date of enactment of this Act; and 
(3) shall, not later than 90 days after the end of 
each fiscal year through fiscal year 2013— 
(A) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a com-
prehensive report that allocates all of Amtrak’s rev-
enues and costs to each of its routes, each of its 
lines of business, and each major activity within 
each route and line of business activity, including— 
(i) train operations; 
(ii) equipment maintenance; 
(iii) food service; 
(iv) sleeping cars; 
(v) ticketing; 
(vi) reservations; and
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(vii) unallocated fixed overhead costs; 
(B) include the report described in subpara-
graph (A) in Amtrak’s annual report; and 
(C) post such report on Amtrak’s website. 
(b) VERIFICATION OF SYSTEM; REPORT.—The Inspector 
General of the Department of Transportation shall review the 
accounting system designed and implemented under sub-
section (a) to ensure that it accomplishes the purposes for 
which it is intended. The Inspector General shall report his 
or her findings and conclusions, together with any rec-
ommendations, to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Sen-
ate. 
(c) CATEGORIZATION OF REVENUES AND EXPENSES.— 
In carrying out subsection (a), the Amtrak Board of Direc-
tors shall separately categorize assigned revenues and attrib-
utable expenses by type of service, including long-distance 
routes, State-sponsored routes, commuter contract routes, 
and Northeast Corridor routes. 
SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN. 
(a) DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.—The 
Amtrak Board of Directors shall submit an annual budget 
and business plan for Amtrak, and a 5-year financial plan for 
the fiscal year to which that budget and business plan relate
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and the subsequent 4 years, prepared in accordance with this 
section, to the Secretary and the Inspector General of the De-
partment of Transportation no later than— 
(1) the first day of each fiscal year beginning after 
the date of enactment of this Act; or 
(2) the date that is 60 days after the date of enact-
ment of an appropriations Act for the fiscal year, if 
later. 
(b) CONTENTS OF 5-YEAR FINANCIAL PLAN.—The 5- 
year financial plan for Amtrak shall include, at a minimum— 
(1) all projected revenues and expenditures for Am-
trak, including governmental funding sources; 
(2) projected ridership levels for all Amtrak pas-
senger operations; 
(3) revenue and expenditure forecasts for non-pas-
senger operations; 
(4) capital funding requirements and expenditures 
necessary to maintain passenger service in order to ac-
commodate predicted ridership levels and predicted 
sources of capital funding; 
(5) operational funding needs, if any, to maintain 
current and projected levels of passenger service, includ-
ing State-supported routes and predicted funding 
sources;
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•HRES 1492 EH 
(6) projected capital and operating requirements, 
ridership, and revenue for any new passenger service op-
erations or service expansions; 
(7) an assessment of the continuing financial sta-
bility of Amtrak, as indicated by factors such as antici-
pated Federal funding of capital and operating costs, 
Amtrak’s ability to efficiently recruit, retain, and man-
age its workforce, and Amtrak’s ability to effectively pro-
vide passenger rail service; 
(8) estimates of long-term and short-term debt and 
associated principal and interest payments (both current 
and anticipated); 
(9) annual cash flow forecasts; 
(10) a statement describing methods of estimation 
and significant assumptions; 
(11) specific measures that demonstrate measurable 
improvement year over year in the financial results of 
Amtrak’s operations; 
(12) prior fiscal year and projected operating ratio, 
cash operating loss, and cash operating loss per pas-
senger on a route, business line, and corporate basis; 
(13) prior fiscal year and projected specific costs 
and savings estimates resulting from reform initiatives;
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•HRES 1492 EH 
(14) prior fiscal year and projected labor produc-
tivity statistics on a route, business line, and corporate 
basis; 
(15) prior fiscal year and projected equipment reli-
ability statistics; and 
(16) capital and operating expenditures for antici-
pated security needs. 
(c) STANDARDS TO PROMOTE FINANCIAL STABILITY.— 
In meeting the requirements of subsection (b), Amtrak 
shall— 
(1) apply sound budgetary practices, including re-
ducing costs and other expenditures, improving produc-
tivity, increasing revenues, or combinations of such prac-
tices; 
(2) use the categories specified in the financial ac-
counting and reporting system developed under section 
203 when preparing its 5-year financial plan; and 
(3) ensure that the plan is consistent with the au-
thorizations of appropriations under title I of this divi-
sion. 
(d) REVIEW BY DOT INSPECTOR GENERAL.—Within 60 
days after their submission by Amtrak, the Inspector General 
of the Department of Transportation shall review the annual 
budget and the 5-year financial plans prepared by Amtrak 
under this section to determine whether they meet the re-
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•HRES 1492 EH 
quirements of subsection (b) and shall furnish any relevant 
findings to the Committee on Transportation and Infrastruc-
ture of the House of Representatives, the Committee on Ap-
propriations of the House of Representatives, the Committee 
on Commerce, Science, and Transportation of the Senate, 
and the Committee on Appropriations of the Senate. 
SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL 
LEASES. 
(a) IN GENERAL.—The Secretary of the Treasury, in 
consultation with the Secretary and Amtrak, may make 
agreements to restructure Amtrak’s indebtedness as of the 
date of enactment of this Act. This authorization expires 2 
years after the date of enactment of this Act. 
(b) DEBT
RESTRUCTURING.—The Secretary of the 
Treasury, in consultation with the Secretary and Amtrak, 
shall enter into negotiations with the holders of Amtrak debt, 
including leases, outstanding as of the date of enactment of 
this Act for the purpose of restructuring (including repay-
ment) and repaying that debt. The Secretary of the Treasury 
may secure agreements for restructuring or repayment on 
such terms as the Secretary of the Treasury deems favorable 
to the interests of the United States Government. 
(c) CRITERIA.—In restructuring Amtrak’s indebtedness, 
the Secretary of the Treasury and Amtrak—
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•HRES 1492 EH 
(1) shall take into consideration repayment costs, 
the term of any loan or loans, and market conditions; 
and 
(2) shall ensure that the restructuring results in 
significant savings to Amtrak and the United States 
Government. 
(d) PAYMENT OF RENEGOTIATED DEBT.—If the criteria 
under subsection (c) are met, the Secretary of the Treasury 
may assume or repay the restructured debt, as appropriate. 
(e) AMTRAK PRINCIPAL AND INTEREST PAYMENTS.— 
(1) PRINCIPAL ON DEBT SERVICE.—Unless the Sec-
retary of the Treasury makes sufficient payments to 
creditors under subsection (d) so that Amtrak is re-
quired to make no payments to creditors in a fiscal year, 
the Secretary shall use funds authorized by section 102 
of this division for the use of Amtrak for retirement of 
principal or payment of interest on loans for capital 
equipment, or capital leases. 
(2) REDUCTIONS
IN
AUTHORIZATION
LEVELS.— 
Whenever action taken by the Secretary of the Treasury 
under subsection (a) results in reductions in amounts of 
principal or interest that Amtrak must service on exist-
ing debt, the corresponding amounts authorized by sec-
tion 102 shall be reduced accordingly.
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•HRES 1492 EH 
(f) LEGAL EFFECT OF PAYMENTS UNDER THIS SEC-
TION.—The payment of principal and interest on secured 
debt, other than debt assumed under subsection (d), with the 
proceeds of grants under subsection (e) shall not— 
(1) modify the extent or nature of any indebtedness 
of Amtrak to the United States in existence as of the 
date of enactment of this Act; 
(2) change the private nature of Amtrak’s or its 
successors’ liabilities; or 
(3) imply any Federal guarantee or commitment to 
amortize Amtrak’s outstanding indebtedness. 
(g) SECRETARY APPROVAL.—Amtrak may not incur 
more debt after the date of enactment of this Act without the 
express advance approval of the Secretary. 
(h) REPORT.—The Secretary of the Treasury shall 
transmit a report to the Committee on Transportation and 
Infrastructure of the House of Representatives, the Com-
mittee on Appropriations of the House of Representatives, 
the Committee on Commerce, Science, and Transportation of 
the Senate, and the Committee on Appropriations of the Sen-
ate, by June 1, 2010— 
(1) describing in detail any agreements to restruc-
ture the Amtrak debt; and 
(2) providing an estimate of the savings to Amtrak 
and the United States Government.
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•HRES 1492 EH 
SEC. 206. ESTABLISHMENT OF GRANT PROCESS. 
(a) GRANT REQUESTS.—Amtrak shall submit grant re-
quests (including a schedule for the disbursement of funds), 
consistent with the requirements of this division, to the Sec-
retary for funds authorized to be appropriated to the Sec-
retary for the use of Amtrak under sections 101(a), (b), and 
(c), 102, 219(b), and 302. 
(b) PROCEDURES
FOR GRANT REQUESTS.—The Sec-
retary shall establish substantive and procedural require-
ments, including schedules, for grant requests under this sec-
tion not later than 30 days after the date of enactment of 
this Act and shall transmit copies of such requirements and 
schedules to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. As 
part of those requirements, the Secretary shall require, at a 
minimum, that Amtrak deposit grant funds, consistent with 
the appropriated amounts for each area of expenditure in a 
given fiscal year, in the following 2 accounts: 
(1) The Amtrak Operating account. 
(2) The Amtrak General Capital account. 
Amtrak may not transfer such funds to another account or 
expend such funds for any purpose other than the purposes 
covered by the account in which the funds are deposited with-
out approval by the Secretary. 
(c) REVIEW AND APPROVAL.—
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•HRES 1492 EH 
(1) 30-DAY
APPROVAL
PROCESS.—The Secretary 
shall complete the review of a grant request (including 
the disbursement schedule) and approve or disapprove 
the request within 30 days after the date on which Am-
trak submits the grant request. If the Secretary dis-
approves the request or determines that the request is 
incomplete or deficient, the Secretary shall include the 
reason for disapproval or the incomplete items or defi-
ciencies in a notice to Amtrak. 
(2) 15-DAY
MODIFICATION
PERIOD.—Within 15 
days after receiving notification from the Secretary 
under the preceding sentence, Amtrak shall submit a 
modified request for the Secretary’s review. 
(3) REVISED REQUESTS.—Within 15 days after re-
ceiving a modified request from Amtrak, the Secretary 
shall either approve the modified request, or, if the Sec-
retary finds that the request is still incomplete or defi-
cient, the Secretary shall identify in writing to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate the re-
maining deficiencies and recommend a process for re-
solving the outstanding portions of the request.
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•HRES 1492 EH 
SEC. 207. METRICS AND STANDARDS. 
(a) IN GENERAL.—Within 180 days after the date of en-
actment of this Act, the Federal Railroad Administration and 
Amtrak shall jointly, in consultation with the Surface Trans-
portation Board, rail carriers over whose rail lines Amtrak 
trains operate, States, Amtrak employees, nonprofit employee 
organizations representing Amtrak employees, and groups 
representing Amtrak passengers, as appropriate, develop new 
or improve existing metrics and minimum standards for 
measuring the performance and service quality of intercity 
passenger train operations, including cost recovery, on-time 
performance and minutes of delay, ridership, on-board serv-
ices, stations, facilities, equipment, and other services. Such 
metrics, at a minimum, shall include the percentage of avoid-
able and fully allocated operating costs covered by passenger 
revenues on each route, ridership per train mile operated, 
measures of on-time performance and delays incurred by 
intercity passenger trains on the rail lines of each rail carrier 
and, for long-distance routes, measures of connectivity with 
other routes in all regions currently receiving Amtrak service 
and the transportation needs of communities and populations 
that are not well-served by other forms of intercity transpor-
tation. Amtrak shall provide reasonable access to the Federal 
Railroad Administration in order to enable the Administra-
tion to carry out its duty under this section.
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•HRES 1492 EH 
(b) QUARTERLY REPORTS.—The Administrator of the 
Federal Railroad Administration shall collect the necessary 
data and publish a quarterly report on the performance and 
service quality of intercity passenger train operations, includ-
ing Amtrak’s cost recovery, ridership, on-time performance 
and minutes of delay, causes of delay, on-board services, sta-
tions, facilities, equipment, and other services. 
(c) CONTRACTS WITH HOST RAIL CARRIERS.—To the 
extent practicable, Amtrak and its host rail carriers shall in-
corporate the metrics and standards developed under sub-
section (a) into their access and service agreements. 
(d) ARBITRATION.—If the development of the metrics 
and standards is not completed within the 180-day period re-
quired by subsection (a), any party involved in the develop-
ment of those standards may petition the Surface Transpor-
tation Board to appoint an arbitrator to assist the parties in 
resolving their disputes through binding arbitration. 
SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE 
PLANNING DECISIONS. 
(a) METHODOLOGY DEVELOPMENT.—Within 180 days 
after the date of enactment of this Act, the Federal Railroad 
Administration shall obtain the services of a qualified inde-
pendent entity to develop and recommend objective meth-
odologies for Amtrak to use in determining what intercity 
passenger routes and services it will provide, including the es-
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•HRES 1492 EH 
tablishment of new routes, the elimination of existing routes, 
and the contraction or expansion of services or frequencies 
over such routes. In developing such methodologies, the entity 
shall consider— 
(1) the current or expected performance and service 
quality of intercity passenger train operations, including 
cost recovery, on-time performance and minutes of delay, 
ridership, on-board services, stations, facilities, equip-
ment, and other services; 
(2) connectivity of a route with other routes; 
(3) the transportation needs of communities and 
populations that are not well served by intercity pas-
senger rail service or by other forms of intercity trans-
portation; 
(4) Amtrak’s and other major intercity passenger 
rail service providers in other countries’ methodologies 
for determining intercity passenger rail routes and serv-
ices; and 
(5) the views of the States and other interested par-
ties. 
(b) SUBMITTAL TO CONGRESS.—Within 1 year after the 
date of enactment of this Act, the entity shall submit rec-
ommendations developed under subsection (a) to Amtrak, the 
Committee on Transportation and Infrastructure of the
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•HRES 1492 EH 
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 recommendations. The 
Board shall transmit a report to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation 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 establishing 
and allocating the operating and capital costs among the 
States and Amtrak associated with trains operated 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 enact-
ment of this Act, equal treatment in the provision of like
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•HRES 1492 EH 
services of all States and groups of States (including 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 relative 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 necessary, 
consistent with the intent of this section, including revisions 
or modifications based on Amtrak’s financial accounting sys-
tem 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 de-
veloped under subsection (a) in allocating costs and deter-
mining compensation for the provision of service in accord-
ance with the date established therein, the Surface Transpor-
tation Board shall determine the appropriate methodology re-
quired under subsection (a) for such services in accordance 
with the procedures and procedural schedule applicable to a 
proceeding under section 24904(c) of title 49, United States
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•HRES 1492 EH 
Code, and require the full implementation of this method-
ology with regards to the provision of such service within 1 
year after the Board’s determination of the appropriate meth-
odology. 
(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 operating 
performance of each long-distance passenger rail route 
operated by Amtrak; and 
‘‘(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 over-
all performance as belonging to the best performing 
third of such routes, the second best performing third of
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•HRES 1492 EH 
such routes, or the worst performing third of such 
routes. 
‘‘(b) PERFORMANCE
IMPROVEMENT
PLAN.—Amtrak 
shall develop and post on its website a performance improve-
ment 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 con-
nected 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 contribu-
tions; 
‘‘(7) improving financial performance; 
‘‘(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, competitive,
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•HRES 1492 EH 
and functional performance of service on Amtrak’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 performing 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 Fed-
eral Railroad Administration determines that Amtrak is not 
making reasonable progress in implementing its performance 
improvement plan or, after the performance improvement 
plan is implemented under subsection (c)(1) in accordance 
with the terms of that plan, Amtrak has not achieved the out-
comes it has established for such routes, under the plan for 
any calendar year, the Federal Railroad Administration—
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•HRES 1492 EH 
‘‘(1) shall notify Amtrak, the Inspector General of 
the Department of Transportation, the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives, and the Committee on Commerce, Science, 
and Transportation of the Senate of its determination 
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 measures.’’. 
(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.’’. 
SEC. 
211. 
NORTHEAST 
CORRIDOR 
STATE-OF-GOOD-REPAIR 
PLAN. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, Amtrak, in consultation with the Sec-
retary and the States (including the District of Columbia) 
that make up the Northeast Corridor (as defined in section 
24102 of title 49, United States Code), shall prepare a cap-
ital spending plan for capital projects required to return the
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•HRES 1492 EH 
railroad right-of-way (including track, signals, and auxiliary 
structures), facilities, stations, and equipment, of the North-
east Corridor main line to a state-of-good-repair by the end 
of fiscal year 2018, consistent with the funding levels author-
ized in this division, and shall submit the plan to the Sec-
retary. 
(b) REVIEW AND APPROVAL BY THE SECRETARY.— 
(1) 60-DAY
APPROVAL
PROCESS.—The Secretary 
shall complete the review of the capital spending plan 
and approve or disapprove the plan within 60 days after 
the date on which Amtrak submits the plan. During re-
view, the Secretary may seek comments from the Com-
mission established under section 24905 of title 49, 
United States Code, and other Northeast Corridor users 
regarding the plan. If the Secretary disapproves the plan 
or determines that the plan is incomplete or deficient, 
the Secretary shall include the reason for disapproval or 
the incomplete items or deficiencies in a notice to Am-
trak. 
(2) 15-DAY
MODIFICATION
PERIOD.—Within 15 
days after receiving notification from the Secretary 
under paragraph (1), Amtrak shall submit a modified 
plan for the Secretary’s review. 
(3) REVISED REQUESTS.—Within 15 days after re-
ceiving a modified plan from Amtrak, the Secretary shall
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•HRES 1492 EH 
either approve the modified plan, or, if the Secretary 
finds that the plan is still incomplete or deficient, the 
Secretary shall identify in writing to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate the remaining defi-
ciencies and recommend a process for resolving the out-
standing portions of the plan. 
(c) PLAN UPDATES.—The plan shall be updated at least 
annually and the Secretary shall review and approve such up-
dates, in accordance with the procedures described in sub-
section (b). 
(d) GRANTS.—The Secretary shall make grants to Am-
trak with funds authorized by section 101(c) for Northeast 
Corridor capital investments contained within the capital 
spending plan prepared by Amtrak and approved by the Sec-
retary. 
(e) OVERSIGHT.—Using the funds authorized by section 
101(d), the Secretary shall review Amtrak’s capital expendi-
tures funded by this section to ensure that such expenditures 
are consistent with the capital spending plan and that Am-
trak is providing adequate project management oversight and 
fiscal controls.
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•HRES 1492 EH 
(f) ELIGIBILITY OF EXPENDITURES.—The Federal share 
of expenditures for capital improvements under this section 
may not exceed 100 percent. 
SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OP-
ERATIONS IMPROVEMENTS. 
(a) IN GENERAL.—Section 24905 is amended to read as 
follows: 
‘‘§ 24905. Northeast Corridor Infrastructure and Oper-
ations Advisory Commission; Safety Com-
mittee 
‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND OP-
ERATIONS ADVISORY COMMISSION.— 
‘‘(1) Within 180 days after the date of enactment 
of the Passenger Rail Investment and Improvement Act 
of 2008, the Secretary of Transportation shall establish 
a Northeast Corridor Infrastructure and Operations Ad-
visory Commission (referred to in this section as the 
‘Commission’) to promote mutual cooperation and plan-
ning pertaining to the rail operations and related activi-
ties of the Northeast Corridor. The Commission shall be 
made up of— 
‘‘(A) members representing Amtrak; 
‘‘(B) members representing the Department of 
Transportation, including the Federal Railroad Ad-
ministration;
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•HRES 1492 EH 
‘‘(C) 1 member from each of the States (in-
cluding the District of Columbia) that constitute 
the Northeast Corridor as defined in section 24102, 
designated by, and serving at the pleasure of, the 
chief executive officer thereof; and 
‘‘(D) non-voting representatives of freight rail-
road carriers using the Northeast Corridor selected 
by the Secretary. 
‘‘(2) The Secretary shall ensure that the member-
ship belonging to any of the groups enumerated under 
paragraph (1) shall not constitute a majority of the 
Commission’s memberships. 
‘‘(3) The Commission shall establish a schedule and 
location for convening meetings, but shall meet no less 
than four times per fiscal year, and the Commission 
shall develop rules and procedures to govern the Com-
mission’s proceedings. 
‘‘(4) A vacancy in the Commission shall be filled in 
the manner in which the original appointment was made. 
‘‘(5) Members shall serve without pay but shall re-
ceive travel expenses, including per diem in lieu of sub-
sistence, in accordance with sections 5702 and 5703 of 
title 5. 
‘‘(6) The Chairman of the Commission shall be 
elected by the members.
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•HRES 1492 EH 
‘‘(7) The Commission may appoint and fix the pay 
of such personnel as it considers appropriate. 
‘‘(8) Upon request of the Commission, the head of 
any department or agency of the United States may de-
tail, on a reimbursable basis, any of the personnel of 
that department or agency to the Commission to assist 
it in carrying out its duties under this section. 
‘‘(9) Upon the request of the Commission, the Ad-
ministrator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative sup-
port services necessary for the Commission to carry out 
its responsibilities under this section. 
‘‘(10) The Commission shall consult with other enti-
ties as appropriate. 
‘‘(b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 
‘‘(1) STATEMENT
OF
GOALS.—The Commission 
shall develop a statement of goals concerning the future 
of Northeast Corridor rail infrastructure and operations 
based on achieving expanded and improved intercity, 
commuter, and freight rail services operating with great-
er safety and reliability, reduced travel times, increased 
frequencies and enhanced intermodal connections de-
signed to address airport and highway congestion, re-
duce transportation energy consumption, improve air
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•HRES 1492 EH 
quality, and increase economic development of the 
Northeast Corridor region. 
‘‘(2) RECOMMENDATIONS.—The Commission shall 
develop recommendations based on the statement devel-
oped under this section addressing, as appropriate— 
‘‘(A) short-term and long-term capital invest-
ment needs beyond those specified in the state-of- 
good-repair plan under section 211 of the Passenger 
Rail Investment and Improvement Act of 2008; 
‘‘(B) future funding requirements for capital 
improvements and maintenance; 
‘‘(C) operational improvements of intercity pas-
senger rail, commuter rail, and freight rail services; 
‘‘(D) opportunities for additional non-rail uses 
of the Northeast Corridor; 
‘‘(E) scheduling and dispatching; 
‘‘(F) safety and security enhancements; 
‘‘(G) equipment design; 
‘‘(H) marketing of rail services; 
‘‘(I) future capacity requirements; and 
‘‘(J) potential funding and financing mecha-
nisms for projects of corridor-wide significance. 
‘‘(c) ACCESS COSTS.— 
‘‘(1) DEVELOPMENT OF FORMULA.—Within 2 years 
after the date of enactment of the Passenger Rail Invest-
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ment and Improvement Act of 2008, the Commission 
shall— 
‘‘(A) develop a standardized formula for deter-
mining and allocating costs, revenues, and com-
pensation for Northeast Corridor commuter rail 
passenger transportation, as defined in section 
24102 of this title, on the Northeast Corridor main 
line between Boston, Massachusetts, and Wash-
ington, District of Columbia, and the Northeast 
Corridor branch lines connecting to Harrisburg, 
Pennsylvania, 
Springfield, 
Massachusetts, 
and 
Spuyten Duyvil, New York, that use Amtrak facili-
ties or services or that provide such facilities or 
services to Amtrak that ensures that— 
‘‘(i) there is no cross-subsidization of com-
muter rail passenger, intercity rail passenger, 
or freight rail transportation; 
‘‘(ii) each service is assigned the costs in-
curred only for the benefit of that service, and 
a proportionate share, based upon factors that 
reasonably reflect relative use, of costs incurred 
for the common benefit of more than 1 service; 
and 
‘‘(iii) all financial contributions made by 
an operator of a service that benefit an infra-
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tives and the Committee on Commerce, Science, and 
Transportation of the Senate on the status of efforts to 
improve safety and security on the Northeast Corridor 
main line. The report shall include the safety and secu-
rity recommendations of the Committee and the com-
ments of the Secretary on those recommendations.’’. 
(b) CONFORMING AMENDMENTS.—(1) The item relating 
to section 24905 in the table of sections of chapter 249 is 
amended to read as follows: 
‘‘24905. Northeast Corridor Infrastructure and Operations Advisory Commis-
sion; Safety Committee.’’. 
(2) Section 24904(c)(2) is amended by— 
(A) inserting ‘‘commuter rail passenger and’’ after 
‘‘between’’; and 
(B) striking ‘‘freight’’ in the second sentence. 
(c) RIDOT ACCESS AGREEMENT.— 
(1) IN GENERAL.—Not later than July 1, 2009, 
Amtrak and the Rhode Island Department of Transpor-
tation shall enter into an agreement governing access 
fees and other costs or charges related to the operation 
of the South County commuter rail service on the North-
east Corridor between Providence and Wickford Junc-
tion, Rhode Island. 
(2) FAILURE TO REACH AGREEMENT.—If Amtrak 
and the Rhode Island Department of Transportation fail 
to reach the agreement specified under paragraph (1),
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the Administrator of the Federal Railroad Administra-
tion shall, after consultation with both parties, resolve 
any outstanding disagreements between the parties, in-
cluding setting access fees and other costs or charges re-
lated to the operation of the South County commuter 
rail service that do not allow for the cross-subsidization 
of intercity rail passenger and commuter rail passenger 
service, not later than January 1, 2010. 
(3) INTERIM ACCESS COSTS.—Any agreement be-
tween Amtrak and the Rhode Island Department of 
Transportation relating to access costs made under this 
subsection shall be superseded by any access cost for-
mula developed by the Northeast Corridor Infrastructure 
and Operations Advisory Commission under section 
24905(c)(1) of title 49, United States Code, as amended 
by subsection (a) of this section. 
(d) HIGH-SPEED SERVICE STUDY.— 
(1) IN GENERAL.—Amtrak shall submit a report 
detailing the infrastructure and equipment improvements 
necessary to provide regular high-speed service— 
(A) between Washington, District of Columbia, 
and New York, New York, in 2 hours and 30 min-
utes; and 
(B) between New York, New York, and Bos-
ton, Massachusetts, in 3 hours and 15 minutes.
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(2) ISSUES.—The report shall include— 
(A) an estimated time frame for achieving the 
trip time described in paragraph (1); 
(B) an analysis of any significant obstacles 
that would hinder such an achievement; 
(C) a detailed description and cost estimate of 
the specific infrastructure and equipment improve-
ments necessary for such an achievement; and 
(D) an initial assessment of the infrastructure 
and equipment improvements, including an order of 
magnitude cost estimate of such improvements, that 
would be necessary to provide regular high-speed 
service— 
(i) between Washington, District of Co-
lumbia, and New York, New York, in 2 hours 
and 15 minutes; and 
(ii) between New York, New York, and 
Boston, Massachusetts, in 3 hours. 
(3) REPORT.—Within 1 year after the date of en-
actment of this Act, Amtrak shall submit the report re-
quired under this subsection to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Appropriations of the 
Senate;
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•HRES 1492 EH 
(C) the Committee on Transportation and In-
frastructure of the House of Representatives; 
(D) the Committee on Appropriations of the 
House of Representatives; and 
(E) the Federal Railroad Administration. 
(e) REPORT ON NORTHEAST CORRIDOR ECONOMIC DE-
VELOPMENT.—Within 2 years after the date of enactment of 
this Act, the Northeast Corridor Infrastructure and Oper-
ations Advisory Commission shall transmit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the role of Amtrak’s 
Northeast Corridor service between Washington, District of 
Columbia, and New York, New York, in the economic devel-
opment of the Northeast Corridor region. The report shall ex-
amine how to enhance the utilization of the Northeast Cor-
ridor for greater economic development, including improv-
ing— 
(1) real estate utilization; 
(2) improved intercity, commuter, and freight serv-
ices; and 
(3) optimum utility utilization. 
SEC. 213. PASSENGER TRAIN PERFORMANCE. 
(a) IN GENERAL.—Section 24308 is amended by adding 
at the end the following:
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‘‘(f) PASSENGER TRAIN PERFORMANCE
AND OTHER 
STANDARDS.— 
‘‘(1) INVESTIGATION OF SUBSTANDARD PERFORM-
ANCE.—If the on-time performance of any intercity pas-
senger train averages less than 80 percent for any 2 con-
secutive calendar quarters, or the service quality of 
intercity passenger train operations for which minimum 
standards are established under section 207 of the Pas-
senger Rail Investment and Improvement Act of 2008 
fails to meet those standards for 2 consecutive calendar 
quarters, the Surface Transportation Board (referred to 
in this section as the ‘Board’) may initiate an investiga-
tion, or upon the filing of a complaint by Amtrak, an 
intercity passenger rail operator, a host freight railroad 
over which Amtrak operates, or an entity for which Am-
trak operates intercity passenger rail service, the Board 
shall initiate such an investigation, to determine whether 
and to what extent delays or failure to achieve minimum 
standards are due to causes that could reasonably be ad-
dressed by a rail carrier over whose tracks the intercity 
passenger train operates or reasonably addressed by Am-
trak or other intercity passenger rail operators. As part 
of its investigation, the Board has authority to review 
the accuracy of the train performance data and the ex-
tent to which scheduling and congestion contribute to
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•HRES 1492 EH 
delays. In making its determination or carrying out such 
an investigation, the Board shall obtain information 
from all parties involved and identify reasonable meas-
ures and make recommendations to improve the service, 
quality, and on-time performance of the train. 
‘‘(2) PROBLEMS CAUSED BY HOST RAIL CARRIER.— 
If the Board determines that delays or failures to 
achieve minimum standards investigated under para-
graph (1) are attributable to a rail carrier’s failure to 
provide preference to Amtrak over freight transportation 
as required under subsection (c), the Board may award 
damages against the host rail carrier, including pre-
scribing such other relief to Amtrak as it determines to 
be reasonable and appropriate pursuant to paragraph 
(3) of this subsection. 
‘‘(3) DAMAGES AND RELIEF.—In awarding damages 
and prescribing other relief under this subsection the 
Board shall consider such factors as— 
‘‘(A) the extent to which Amtrak suffers finan-
cial loss as a result of host rail carrier delays or 
failure to achieve minimum standards; and 
‘‘(B) what reasonable measures would ade-
quately deter future actions which may reasonably 
be expected to be likely to result in delays to Am-
trak on the route involved.
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•HRES 1492 EH 
‘‘(4) USE OF DAMAGES.—The Board shall, as it 
deems appropriate, order the host rail carrier to remit 
the damages awarded under this subsection to Amtrak 
or to an entity for which Amtrak operates intercity pas-
senger rail service. Such damages shall be used for cap-
ital or operating expenditures on the routes over which 
delays or failures to achieve minimum standards were 
the result of a rail carrier’s failure to provide preference 
to Amtrak over freight transportation as determined in 
accordance with paragraph (2).’’. 
(b) FEES.—The Surface Transportation Board may es-
tablish and collect filing fees from any entity that files a com-
plaint under section 24308(f)(1) of title 49, United States 
Code, or otherwise requests or requires the Board’s services 
pursuant to this division. The Board shall establish such fees 
at levels that will fully or partially, as the Board determines 
to be appropriate, offset the costs of adjudicating complaints 
under that section and other requests or requirements for 
Board action under this division. The Board may waive any 
fee established under this subsection for any governmental 
entity as determined appropriate by the Board. 
(c) AUTHORIZATION OF ADDITIONAL STAFF.—The Sur-
face Transportation Board may increase the number of 
Board employees by up to 15 for the 5 fiscal year period be-
ginning with fiscal year 2009 to carry out its responsibilities
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•HRES 1492 EH 
under section 24308 of title 49, United States Code, and this 
division. 
(d) CHANGE OF REFERENCE.—Section 24308 is amend-
ed— 
(1) by striking ‘‘Interstate Commerce Commission’’ 
in subsection (a)(2)(A) and inserting ‘‘Surface Transpor-
tation Board’’; 
(2) by striking ‘‘Commission’’ each place it appears 
and inserting ‘‘Board’’; 
(3) by striking ‘‘Secretary of Transportation’’ in 
subsection (c) and inserting ‘‘Board’’; and 
(4) by striking ‘‘Secretary’’ the last 3 places it ap-
pears in subsection (c) and each place it appears in sub-
sections (d) and (e) and inserting ‘‘Board’’. 
SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PRO-
GRAM. 
(a) IN GENERAL.—Chapter 247, as amended by section 
210, is amended by adding at the end thereof the following: 
‘‘§ 24711. Alternate passenger rail service pilot program 
‘‘(a) IN GENERAL.—Within 1 year after the date of en-
actment of the Passenger Rail Investment and Improvement 
Act of 2008, the Federal Railroad Administration shall com-
plete a rulemaking proceeding to develop a pilot program 
that—
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•HRES 1492 EH 
‘‘(1) permits a rail carrier or rail carriers that own 
infrastructure over which Amtrak operates a passenger 
rail service route described in subparagraph (B), (C), or 
(D) of section 24102(5) or in section 24702 to petition 
the Administration to be considered as a passenger rail 
service provider over that route in lieu of Amtrak for a 
period not to exceed 5 years after the date of enactment 
of the Passenger Rail Investment and Improvement Act 
of 2008; 
‘‘(2) requires the Administration to notify Amtrak 
within 30 days after receiving a petition under para-
graph (1) and establish a deadline by which both the pe-
titioner and Amtrak would be required to submit a bid 
to provide passenger rail service over the route to which 
the petition relates; 
‘‘(3) requires that each bid describe how the bidder 
would operate the route, what Amtrak passenger equip-
ment would be needed, if any, what sources of non-Fed-
eral funding the bidder would use, including any State 
subsidy, among other things; 
‘‘(4) requires the Administration to select winning 
bidders by evaluating the bids against the financial and 
performance metrics developed under section 207 of the 
Passenger Rail Investment and Improvement Act of 
2008 and to give preference in awarding contracts to
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•HRES 1492 EH 
bidders seeking to operate routes that have been identi-
fied as one of the five worst performing Amtrak routes 
under section 24710; 
‘‘(5) requires the Administration to execute a con-
tract within a specified, limited time after the deadline 
established under paragraph (2) and award to the win-
ning bidder— 
‘‘(A) the right and obligation to provide pas-
senger rail service over that route subject to such 
performance standards as the Administration may 
require, consistent with the standards developed 
under section 207 of the Passenger Rail Investment 
and Improvement Act of 2008; and 
‘‘(B) an operating subsidy— 
‘‘(i) for the first year at a level not in ex-
cess of the level in effect during the fiscal year 
preceding the fiscal year in which the petition 
was received, adjusted for inflation; 
‘‘(ii) for any subsequent years at such 
level, adjusted for inflation; and 
‘‘(6) requires that each bid contain a staffing plan 
describing the number of employees needed to operate 
the service, the job assignments and requirements, and 
the terms of work for prospective and current employees 
of the bidder for the service outlined in the bid, and such
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staffing plan be made available by the winning bidder to 
the public after the bid award. 
‘‘(b) ROUTE LIMITATIONS.—The Administration may 
not make the program available with respect to more than 2 
Amtrak intercity passenger rail routes. 
‘‘(c) PERFORMANCE STANDARDS; ACCESS
TO FACILI-
TIES; EMPLOYEES.—If the Administration awards the right 
and obligation to provide passenger rail service over a route 
under the program to a rail carrier or rail carriers— 
‘‘(1) it shall execute a contract with the rail carrier 
or rail carriers for rail passenger operations on that 
route that conditions the operating and subsidy rights 
upon— 
‘‘(A) the service provider continuing to provide 
passenger rail service on the route that is no less 
frequent, nor over a shorter distance, than Amtrak 
provided on that route before the award; and 
‘‘(B) the service provider’s compliance with the 
minimum standards established under section 207 
of the Passenger Rail Investment and Improvement 
Act of 2008 and such additional performance stand-
ards as the Administration may establish; 
‘‘(2) it shall, if the award is made to a rail carrier 
other than Amtrak, require Amtrak to provide access to 
its reservation system, stations, and facilities directly re-
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lated to operations to any rail carrier or rail carriers 
awarded a contract under this section, in accordance 
with section 217 of that Act, necessary to carry out the 
purposes of this section; 
‘‘(3) the employees of any person used by a rail car-
rier or rail carriers (as defined in section 10102(5) of 
this title) in the operation of a route under this section 
shall be considered an employee of that carrier or car-
riers and subject to the applicable Federal laws and reg-
ulations governing similar crafts or classes of employees 
of Amtrak, including provisions under section 121 of the 
Amtrak Reform and Accountability Act of 1997 relating 
to employees that provide food and beverage service; and 
‘‘(4) the winning bidder shall provide hiring pref-
erence to qualified Amtrak employees displaced by the 
award of the bid, consistent with the staffing plan sub-
mitted by the bidder and shall be subject to the grant 
conditions under section 24405 of this title. 
‘‘(d) CESSATION OF SERVICE.—If a rail carrier or rail 
carriers awarded a route under this section cease to operate 
the service or fail to fulfill their obligations under the con-
tract required under subsection (c), the Administrator, in col-
laboration with the Surface Transportation Board, shall take 
any necessary action consistent with this title to enforce the 
contract and ensure the continued provision of service, includ-