H. R. 2095—78 
(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 improvements nec-
essary 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 nec-
essary to provide regular high-speed service— 
(i) between Washington, District of Columbia, 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 enactment 
of this Act, Amtrak shall submit the report required under 
this subsection to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Appropriations of the Senate; 
(C) the Committee on Transportation and Infrastruc-
ture 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 DEVELOP-
MENT.—Within 2 years after the date of enactment of this Act, 
the Northeast Corridor Infrastructure and Operations Advisory 
Commission shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee 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 development of the Northeast Corridor region. The 
report shall examine how to enhance the utilization of the Northeast 
Corridor for greater economic development, including improving— 
(1) real estate utilization; 
(2) improved intercity, commuter, and freight services; and 
(3) optimum utility utilization. 
SEC. 213. PASSENGER TRAIN PERFORMANCE. 
(a) IN GENERAL.—Section 24308 is amended by adding at the 
end the following: 
‘‘(f) PASSENGER TRAIN PERFORMANCE AND OTHER STANDARDS.— 
‘‘(1) INVESTIGATION OF SUBSTANDARD PERFORMANCE.—If the 
on-time performance of any intercity passenger train averages 
less than 80 percent for any 2 consecutive calendar quarters, 
or the service quality of intercity passenger train operations 
for which minimum standards are established under section 
207 of the Passenger 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 investigation, or upon 
the filing of a complaint by Amtrak, an intercity passenger 
rail operator, a host freight railroad over which Amtrak oper-
ates, or an entity for which Amtrak operates intercity passenger 
rail service, the Board shall initiate such an investigation,
H. R. 2095—79 
to determine whether and to what extent delays or failure 
to achieve minimum standards are due to causes that could 
reasonably be addressed by a rail carrier over whose tracks 
the intercity passenger train operates or reasonably addressed 
by Amtrak 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 extent to which 
scheduling and congestion contribute to delays. In making its 
determination or carrying out such an investigation, the Board 
shall obtain information from all parties involved and identify 
reasonable measures 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 stand-
ards investigated under paragraph (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 pre-
scribing other relief under this subsection the Board shall con-
sider such factors as— 
‘‘(A) the extent to which Amtrak suffers financial loss 
as a result of host rail carrier delays or failure to achieve 
minimum standards; and 
‘‘(B) what reasonable measures would adequately deter 
future actions which may reasonably be expected to be 
likely to result in delays to Amtrak on the route involved. 
‘‘(4) USE OF DAMAGES.—The Board shall, as it deems appro-
priate, order the host rail carrier to remit the damages awarded 
under this subsection to Amtrak or to an entity for which 
Amtrak operates intercity passenger rail service. Such damages 
shall be used for capital or operating expenditures on the 
routes over which delays or failures to achieve minimum stand-
ards were the result of a rail carrier’s failure to provide pref-
erence to Amtrak over freight transportation as determined 
in accordance with paragraph (2).’’. 
(b) FEES.—The Surface Transportation Board may establish 
and collect filing fees from any entity that files a complaint 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 Surface 
Transportation Board may increase the number of Board employees 
by up to 15 for the 5 fiscal year period beginning with fiscal 
year 2009 to carry out its responsibilities under section 24308 
of title 49, United States Code, and this division. 
(d) CHANGE OF REFERENCE.—Section 24308 is amended— 
(1) by striking ‘‘Interstate Commerce Commission’’ in sub-
section (a)(2)(A) and inserting ‘‘Surface Transportation Board’’;
H. R. 2095—80 
(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 appears 
in subsection (c) and each place it appears in subsections (d) 
and (e) and inserting ‘‘Board’’. 
SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM. 
(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 enactment 
of the Passenger Rail Investment and Improvement Act of 2008, 
the Federal Railroad Administration shall complete a rulemaking 
proceeding to develop a pilot program that— 
‘‘(1) permits a rail carrier or rail carriers that own infra-
structure 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 paragraph (1) and 
establish a deadline by which both the petitioner 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 equipment would 
be needed, if any, what sources of non-Federal 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 bidders seeking to operate routes 
that have been identified as one of the five worst performing 
Amtrak routes under section 24710; 
‘‘(5) requires the Administration to execute a contract 
within a specified, limited time after the deadline established 
under paragraph (2) and award to the winning bidder— 
‘‘(A) the right and obligation to provide passenger rail 
service over that route subject to such performance stand-
ards 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 excess 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
H. R. 2095—81 
‘‘(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 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
FACILITIES; 
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 pas-
senger 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 min-
imum standards established under section 207 of the Pas-
senger Rail Investment and Improvement Act of 2008 and 
such additional performance standards as the Administra-
tion may establish; 
‘‘(2) it shall, if the award is made to a rail carrier other 
than Amtrak, require Amtrak to provide access to its reserva-
tion system, stations, and facilities directly related to operations 
to any rail carrier or rail carriers awarded a contract under 
this section, in accordance with section 217 of that Act, nec-
essary to carry out the purposes of this section; 
‘‘(3) the employees of any person used by a rail carrier 
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 carriers and subject to the 
applicable Federal laws and regulations 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 preference 
to qualified Amtrak employees displaced by the award of the 
bid, consistent with the staffing plan submitted 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 contract required under 
subsection (c), the Administrator, in collaboration 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, including the installment of an interim service 
provider and re-bidding the contract to operate the service. The 
entity providing service shall either be Amtrak or a rail carrier 
defined in subsection (a)(1). 
‘‘(e) ADEQUATE RESOURCES.—Before taking any action allowed 
under this section, the Secretary shall certify that the Administrator