191 
other costs or charges related 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this subsection shall be superseded by any access cost 
formula developed by the Northeast Corridor Infra-
structure 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 improve-
ments necessary to provide regular high-speed serv-
ice— 
(A) between Washington, District of Colum-
bia, and New York, New York, in 2 hours and 
30 minutes; and 
(B) between New York, New York, and Bos-
ton, Massachusetts, in 3 hours and 15 minutes. 
(2) ISSUES.—The report shall include—
192 
(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 im-
provements necessary for such an achievement; 
and 
(D) an initial assessment of the infrastruc-
ture and equipment improvements, including an 
order of magnitude cost estimate of such im-
provements, 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 
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;
193 
(C) the Committee on Transportation and 
Infrastructure 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 Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
role of Amtrak’s Northeast Corridor service between Wash-
ington, 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 add-
ing at the end the following:
194 
‘‘(f) PASSENGER TRAIN PERFORMANCE AND OTHER 
STANDARDS.— 
‘‘(1) INVESTIGATION
OF
SUBSTANDARD
PER-
FORMANCE.—If the on-time performance of any inter-
city 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 sec-
tion 207 of the Passenger Rail Investment and Im-
provement 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 pas-
senger 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 deter-
mine 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
195 
train performance data and the extent to which sched-
uling and congestion contribute to delays. In making 
its determination or carrying out such an investiga-
tion, the Board shall obtain information from all par-
ties involved and identify reasonable measures and 
make recommendations to improve the service, qual-
ity, and on-time performance of the train. 
‘‘(2) PROBLEMS
CAUSED
BY
HOST
RAIL
CAR-
RIER.—If the Board determines that delays or fail-
ures to achieve minimum standards investigated 
under paragraph (1) are attributable to a rail car-
rier’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 prescribing such other relief to 
Amtrak as it determines to be reasonable and appro-
priate pursuant to paragraph (3) of this subsection. 
‘‘(3) DAMAGES AND RELIEF.—In awarding dam-
ages and prescribing other relief under this subsection 
the Board shall consider such factors as— 
‘‘(A) the extent to which Amtrak suffers fi-
nancial 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 reason-
196 
ably 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 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 passenger rail service. Such damages shall 
be used for capital or operating expenditures on the 
routes over which delays or failures to achieve min-
imum 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 
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 require-
ments for Board action under this division. The Board may 
waive any fee established under this subsection for any gov-
ernmental entity as determined appropriate by the Board.
197 
(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 responsibil-
ities 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 Commis-
sion’’ in subsection (a)(2)(A) and inserting ‘‘Surface 
Transportation Board’’; 
(2) by striking ‘‘Commission’’ each place it ap-
pears 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 sec-
tion 210, is amended by adding at the end thereof the fol-
lowing:
198 
‘‘§ 24711. Alternate passenger rail service pilot pro-
gram 
‘‘(a) IN GENERAL.—Within 1 year after the date of 
enactment of the Passenger Rail Investment and Improve-
ment 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 infrastructure over which Amtrak operates a pas-
senger 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 Invest-
ment and Improvement Act of 2008; 
‘‘(2) requires the Administration to notify Am-
trak 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 sub-
mit a bid to provide passenger rail service over the 
route to which the petition relates; 
‘‘(3) requires that each bid describe how the bid-
der would operate the route, what Amtrak passenger 
equipment would be needed, if any, what sources of
199 
non-Federal funding the bidder would use, including 
any State subsidy, among other things; 
‘‘(4) requires the Administration to select win-
ning bidders by evaluating the bids against the finan-
cial and performance metrics developed under section 
207 of the Passenger Rail Investment and Improve-
ment 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 per-
forming 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 standards as the Administra-
tion 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
200 
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 op-
erate the service, the job assignments and require-
ments, and the terms of work for prospective and cur-
rent 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 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 car-
rier or rail carriers for rail passenger operations on 
that route that conditions the operating and subsidy 
rights upon— 
‘‘(A) the service provider continuing to pro-
vide passenger rail service on the route that is no
201 
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 sec-
tion 207 of the Passenger Rail Investment and 
Improvement Act of 2008 and such additional 
performance standards as the Administration 
may establish; 
‘‘(2) it shall, if the award is made to a rail car-
rier other than Amtrak, require Amtrak to provide 
access to its reservation system, stations, and facili-
ties 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, necessary 
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 provi-
sions under section 121 of the Amtrak Reform and
202 
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 con-
tract required under subsection (c), the Administrator, in 
collaboration with the Surface Transportation Board, shall 
take any necessary action consistent with this title to en-
force the contract and ensure the continued provision of 
service, including the installment of an interim service pro-
vider 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 ac-
tion allowed under this section, the Secretary shall certify 
that the Administrator has sufficient resources that are ade-
quate to undertake the program established under this sec-
tion.’’. 
(b) REPORT.—Within 1 year after the conclusion of 
the pilot program established under subsection (a), the Fed-
203 
eral Railroad Administration shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results on the pilot program established under section 
24711, and any recommendations for further action. 
(c) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 247, as amended by section 210, is amended 
by inserting after the item relating to section 24710 the fol-
lowing: 
‘‘24711. Alternate passenger rail service pilot program.’’. 
SEC. 215. EMPLOYEE TRANSITION ASSISTANCE. 
(a) PROVISION OF FINANCIAL INCENTIVES.—For Am-
trak employees who are adversely affected by the cessation 
of the operation of a long-distance route or any other route 
under section 24711 of title 49, United States Code, pre-
viously operated by Amtrak, the Secretary shall develop a 
program under which the Secretary may, at the Secretary’s 
discretion, provide grants for financial incentives to be pro-
vided to Amtrak employees who voluntarily terminate their 
employment with Amtrak and relinquish any legal rights 
to receive termination-related payments under any contrac-
tual agreement with Amtrak. 
(b) CONDITIONS FOR FINANCIAL INCENTIVES.—As a 
condition for receiving financial assistance grants under 
this section, Amtrak must certify that—
204 
(1) a reasonable attempt was made to reassign 
an employee adversely affected under section 24711 of 
title 49, United States Code, or by the elimination of 
any route, to other positions within Amtrak in ac-
cordance with any contractual agreements; 
(2) the financial assistance results in a net re-
duction in the total number of employees equal to the 
number receiving financial incentives; 
(3) the financial assistance results in a net re-
duction in total employment expense equivalent to the 
total employment expenses associated with the em-
ployees receiving financial incentives; and 
(4) the total number of employees eligible for ter-
mination-related payments will not be increased 
without the express written consent of the Secretary. 
(c) AMOUNT OF FINANCIAL INCENTIVES.—The finan-
cial incentives authorized under this section may be no 
greater than $100,000 per employee. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
hereby authorized to be appropriated to the Secretary such 
sums as may be necessary to make grants to Amtrak to pro-
vide financial incentives under subsection (a). 
(e) TERMINATION-RELATED PAYMENTS.—If Amtrak 
employees adversely affected by the cessation of Amtrak 
service resulting from the awarding of a grant to an oper-
205 
ator other than Amtrak for the operation of a route under 
section 24711 of title 49, United States Code, or any other 
route, previously operated by Amtrak do not receive finan-
cial incentives under subsection (a), then the Secretary shall 
make grants to Amtrak from funds authorized by section 
101 of this division for termination-related payments to 
employees under existing contractual agreements. 
SEC. 216. SPECIAL PASSENGER TRAINS. 
Amtrak is encouraged to increase the operation of spe-
cial trains funded by, or in partnership with, private sector 
operators through competitive contracting to minimize the 
need for Federal subsidies. Amtrak shall utilize the provi-
sions of section 24308 of title 49, United States Code, when 
necessary to obtain access to facilities, train and engine 
crews, or services of a rail carrier or regional transpor-
tation authority that are required to operate such trains. 
SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES. 
If a State desires to select or selects an entity other 
than Amtrak to provide services required for the operation 
of an intercity passenger train route described in section 
24102(5)(D) or 24702 of title 49, United States Code, the 
State may make an agreement with Amtrak to use facilities 
and equipment of, or have services provided by, Amtrak 
under terms agreed to by the State and Amtrak to enable 
the State to utilize an entity other than Amtrak to provide
206 
services required for operation of the route. If the parties 
cannot agree upon terms, and the Surface Transportation 
Board finds that access to Amtrak’s facilities or equipment, 
or the provision of services by Amtrak, is necessary to carry 
out this provision and that the operation of Amtrak’s other 
services will not be impaired thereby, the Surface Transpor-
tation Board shall, within 120 days after submission of the 
dispute, issue an order that the facilities and equipment 
be made available, and that services be provided, by Am-
trak, and shall determine reasonable compensation, liabil-
ity, and other terms for use of the facilities and equipment 
and provision of the services. Compensation shall be deter-
mined, as appropriate, in accordance with the methodology 
established pursuant to section 209 of this division, if avail-
able. 
SEC. 218. GENERAL AMTRAK PROVISIONS. 
(a) CONFORMING CHANGES.— 
(1) PLAN
REQUIRED.—Section 24101(d) is 
amended— 
(A) by striking ‘‘plan to operate within the 
funding levels authorized by section 24104 of this 
chapter, including the budgetary goals for fiscal 
years 1998 through 2002.’’ and inserting ‘‘plan, 
consistent with section 204 of the Passenger Rail 
Investment and Improvement Act of 2008, in-
207 
cluding the budgetary goals for fiscal years 2009 
through 2013.’’; and 
(B) by striking the last sentence and insert-
ing ‘‘Amtrak and its Board of Directors shall 
adopt a long-term plan that minimizes the need 
for Federal operating subsidies.’’. 
(2) AMTRAK REFORM AND ACCOUNTABILITY ACT 
AMENDMENTS.—Title II of the Amtrak Reform and 
Accountability Act of 1997 (49 U.S.C. 24101 nt) is 
amended by striking sections 204 and 205. 
(b) LEASE
ARRANGEMENTS
AND
OTHER
PUR-
CHASES.—Amtrak may obtain from the Administrator of 
General Services, and the Administrator may provide to 
Amtrak, services under sections 502(a) and 602 of title 40, 
United States Code. 
SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EX-
ISTING INTERCITY RAIL STATIONS. 
(a) IN GENERAL.—Amtrak, in consultation with sta-
tion owners and other railroads operating service through 
the existing stations that it serves, shall evaluate the im-
provements necessary to make these stations readily acces-
sible to and usable by individuals with disabilities, as re-
quired by such section 242(e)(2) of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua-
tion shall include, for each applicable station, improve-
208 
ments required to bring it into compliance with the appli-
cable parts of such section 242(e)(2), any potential barriers 
to achieving compliance, including issues related to pas-
senger rail station platforms, the estimated cost of the im-
provements necessary, the identification of the responsible 
person (as defined in section 241(5) of that Act (42 U.S.C. 
12161(5))), and the earliest practicable date when such im-
provements can be made. The evaluation shall also include 
a detailed plan and schedule for bringing all applicable sta-
tions into compliance with the applicable parts of section 
242(e)(2) by the 2010 statutory deadline for station accessi-
bility. Amtrak shall submit the evaluation to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives; the Committee on Commerce, Science, and 
Transportation of the Senate; the Department of Transpor-
tation; and the National Council on Disability by February 
1, 2009, along with recommendations for funding the nec-
essary improvements. Should the Department of Transpor-
tation issue any rule related to transportation for individ-
uals with disabilities by intercity passenger rail after Am-
trak submits its evaluation, Amtrak shall, within 120 days 
after the date that such rule is published, submit to the 
above parties a supplemental evaluation on any impact of 
the rule on its cost and schedule for achieving full compli-
ance.
209 
(b) ACCESSIBILITY IMPROVEMENTS AND BARRIER RE-
MOVAL FOR PEOPLE WITH DISABILITIES.—There are au-
thorized to be appropriated to the Secretary for the use of 
Amtrak such sums as may be necessary to improve the ac-
cessibility of facilities, including rail platforms, and serv-
ices. 
SEC. 220. OVERSIGHT OF AMTRAK’S COMPLIANCE WITH AC-
CESSIBILITY REQUIREMENTS. 
Using the funds authorized by section 103 of this divi-
sion, the Federal Railroad Administration shall monitor 
and conduct periodic reviews of Amtrak’s compliance with 
applicable sections of the Americans with Disabilities Act 
of 1990 and the Rehabilitation Act of 1974 to ensure that 
Amtrak’s services and facilities are accessible to individuals 
with disabilities to the extent required by law. 
SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY. 
(a) IN GENERAL.—Chapter 243 is amended by insert-
ing after section 24309 the following: 
‘‘§ 24310. Management accountability 
‘‘(a) IN GENERAL.—Within 3 years after the date of 
enactment of the Passenger Rail Investment and Improve-
ment Act of 2008, and 2 years thereafter, the Inspector Gen-
eral of the Department of Transportation shall complete an 
overall assessment of the progress made by Amtrak manage-
210 
ment and the Department of Transportation in imple-
menting the provisions of that Act. 
‘‘(b) ASSESSMENT.—The management assessment un-
dertaken by the Inspector General may include a review 
of— 
‘‘(1) effectiveness in improving annual financial 
planning; 
‘‘(2) effectiveness in implementing improved fi-
nancial accounting; 
‘‘(3) efforts to implement minimum train per-
formance standards; 
‘‘(4) progress maximizing revenues, minimizing 
Federal subsidies, and improving financial results; 
and 
‘‘(5) any other aspect of Amtrak operations the 
Inspector General finds appropriate to review.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 243 is amended by inserting after the item relat-
ing to section 24309 the following: 
‘‘24310. Management accountability.’’. 
SEC. 222. ON-BOARD SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Within 1 year after metrics and 
standards are established under section 207 of this division, 
Amtrak shall develop and implement a plan to improve on- 
board service pursuant to the metrics and standards for 
such service developed under that section.
211 
(b) REPORT.—Amtrak shall provide a report to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the on-board 
service improvements proscribed in the plan and the 
timeline for implementing such improvements. 
SEC. 223. INCENTIVE PAY. 
The Amtrak Board of Directors is encouraged to de-
velop an incentive pay program for Amtrak management 
employees. 
SEC. 224. PASSENGER RAIL SERVICE STUDIES. 
(a) INTERCITY RAIL SERVICE STUDIES.—Within 1 
year after the date of enactment of this Act, Amtrak shall 
conduct studies of the following routes: 
(1) The Pioneer Route between Seattle and Chi-
cago, which was operated by Amtrak until 1997, to 
determine whether to reinstate passenger rail service 
along the route or along segments of the route. 
(2) The North Coast Hiawatha Route between 
Chicago and Seattle, through southern Montana, 
which was operated by Amtrak until 1979, to deter-
mine whether to reinstate passenger rail service along 
the route or along segments of the route, provided that 
such service will not negatively impact existing Am-
trak routes.
212 
(3) Between Cornwells Heights, Pennsylvania, 
and New York, New York, to determine whether to ex-
pand passenger rail service by increasing the fre-
quency of stops or reducing commuter ticket prices for 
this route. 
(4) Between Princeton Junction, New Jersey, 
and Philadelphia, Pennsylvania, to determine wheth-
er to expand passenger rail service along the route. 
(5) Between Harrisburg and Pittsburgh, Penn-
sylvania, to determine whether to increase frequency 
of passenger rail service along the route or along seg-
ments of the route. 
(6) The Capitol Limited Route between Cum-
berland, Maryland, and Pittsburgh, Pennsylvania, to 
determine whether to reinstate a station stop at Rock-
wood, Pennsylvania. 
(b) ASSISTANCE.—The Comptroller General of the 
General Accountability Office shall, upon request by Am-
trak, assist Amtrak in conducting the studies under sub-
section (a). 
(c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The 
Secretary shall conduct— 
(A) an analysis of the Secretary’s December 1, 
1998, extension of the designation of the Southeast 
High-Speed Rail Corridor as authorized under section
213 
104(d)(2) of title 23, United States Code, including 
an analysis of alternative routings for the corridor; 
(B) a feasibility analysis regarding the expan-
sion of the South Central High-Speed Rail Cor-
ridor— 
(i) to Memphis, Tennessee; 
(ii) to the Port of Houston, Texas; 
(iii) through Killeen, Texas; and 
(iv) south of San Antonio, Texas, to a loca-
tion in far south Texas to be chosen at the dis-
cretion of the Secretary; and 
(C) a feasibility analysis regarding the expan-
sion of the Keystone Corridor to Cleveland, Ohio. 
These analyses shall consider changes that have occurred in 
the region’s population, anticipated patterns of population 
growth, connectivity with other modes of transportation, the 
ability of the proposed corridor to reduce regional traffic 
congestion, and the ability of current and proposed routings 
to enhance tourism. Within 1 year after the date of enact-
ment of this Act, the Secretary shall submit a report on 
these analyses to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, and shall redesignate or modify corridor designa-
tions based on these analyses, if necessary.
214 
(2) The Secretary shall establish a process for a State 
or group of States to petition the Secretary to redesignate 
or modify any designated high-speed rail corridors. 
SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PAS-
SENGER RAIL ROUTES. 
Within 6 months after the date of the enactment of this 
Act, the Inspector General of the Department of Transpor-
tation shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report that— 
(1) describes service delays and the sources of 
such delays on— 
(A) the Amtrak passenger rail route between 
Seattle, Washington, and Los Angeles, California 
(commonly known as the ‘‘Coast Starlight’’); and 
(B) the Amtrak passenger rail route between 
Vancouver, British Columbia, Canada, and Eu-
gene, Oregon (commonly known as ‘‘Amtrak Cas-
cades’’); and 
(2) contains recommendations for improving the 
on-time performance of such routes. 
SEC. 226. PLAN FOR RESTORATION OF SERVICE. 
Within 9 months after the date of enactment of this 
Act, Amtrak shall transmit to the Committee on Transpor-
215 
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a plan for restoring passenger rail serv-
ice between New Orleans, Louisiana, and Sanford, Florida. 
The plan shall include a projected timeline for restoring 
such service, the costs associated with restoring such service, 
and any proposals for legislation necessary to support such 
restoration of service. In developing the plan, Amtrak shall 
consult with representatives from the States of Louisiana, 
Alabama, Mississippi, and Florida, railroad carriers whose 
tracks may be used for such service, rail passengers, rail 
labor, and other entities as appropriate. 
SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZA-
TION STUDY. 
Within 9 months after the date of enactment of this 
Act, the Inspector General of the Department of Transpor-
tation shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report on Amtrak’s utilization of its equipment 
maintenance and repair facilities, including the Beech 
Grove Mechanical Facility in Indiana. The report shall in-
clude an examination of Amtrak’s utilization of its existing 
equipment maintenance and repair facilities, the produc-
tivity of such facilities, and the extent to which Amtrak is
216 
maximizing opportunities for utilizing each facility, in-
cluding the provision of maintenance and repair to other 
rail carriers. In developing this report, the Inspector Gen-
eral shall consult with the Inspector General of Amtrak, 
Amtrak management, rail labor, and other railroad car-
riers, as it deems appropriate. 
SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED 
TO MAINTAIN AMTRAK AS A NATIONAL PAS-
SENGER RAIL SYSTEM. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) In fiscal year 2007, 3,800,000 passengers 
traveled on Amtrak’s long-distance trains, an increase 
of 2.4 percent over fiscal year 2006. 
(2) 
Amtrak 
long-distance 
routes 
generated 
$376,000,000 in revenue in fiscal year 2007, an in-
crease of 5 percent over fiscal year 2006. 
(3) Amtrak operates 15 long-distance trains over 
18,500 route miles that serve 39 States and the Dis-
trict of Columbia. These trains provide the only rail 
passenger service to 23 States. 
(4) Amtrak’s long-distance trains provide an es-
sential transportation service for many communities 
and to a significant percentage of the general public.
217 
(5) Many long-distance trains serve small com-
munities with limited or no significant air or bus 
service, especially in remote or isolated areas in the 
United States. 
(6) As a result of airline deregulation and deci-
sions by national bus carriers to leave many commu-
nities, rail transportation may provide the only fea-
sible common carrier transportation option for a 
growing number of areas. 
(7) If long-distance trains were eliminated, 23 
States and 243 communities would be left with no 
intercity passenger rail service and 16 other States 
would lose some rail service. These trains provide a 
strong economic benefit for the States and commu-
nities that they serve. 
(8) Long-distance trains also provide transpor-
tation during periods of severe weather or emergencies 
that stall other modes of transportation. 
(9) Amtrak provided the only reliable long-dis-
tance transportation following the September 11, 
2001, terrorist attacks that grounded air travel. 
(10) The majority of passengers on long-distance 
trains do not travel between the endpoints, but rather 
between any combination of cities along the route.
218 
(11) Passenger trains provide transportation op-
tions, mobility for underserved populations, conges-
tion mitigation, and jobs in the areas they serve. 
(12) Passenger rail has a positive impact on the 
environment compared to other modes of transpor-
tation by conserving energy, reducing greenhouse gas 
emissions, and cutting down on other airborne partic-
ulate and toxic emissions. 
(13) Amtrak communities that are served use 
passenger rail and passenger rail stations as a sig-
nificant source of economic development. 
(14) This division makes meaningful and impor-
tant reforms to increase the efficiency, profitability 
and on-time performance of Amtrak’s long-distance 
routes. 
(b) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that— 
(1) long-distance passenger rail is a vital and 
necessary part of our national transportation system 
and economy; and 
(2) Amtrak should maintain a national pas-
senger rail system, including long-distance routes, 
that connects the continental United States from coast 
to coast and from border to border.
219 
TITLE III—INTERCITY 
PASSENGER RAIL POLICY 
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PAS-
SENGER RAIL SERVICE. 
(a) IN GENERAL.—Part C of subtitle V is amended by 
inserting the following after chapter 243: 
‘‘CHAPTER 
244—INTERCITY 
PASSENGER 
RAIL SERVICE CORRIDOR CAPITAL AS-
SISTANCE 
‘‘Sec. 
‘‘24401. Definitions. 
‘‘24402. Capital investment grants to support intercity passenger rail service. 
‘‘24403. Project management oversight. 
‘‘24404. Use of capital grants to finance first-dollar liability of grant project. 
‘‘24405. Grant conditions. 
‘‘24406. Authorization of appropriations. 
‘‘§ 24401. Definitions 
‘‘In this chapter: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a 
State (including the District of Columbia), a group of 
States, an Interstate Compact, or a public agency es-
tablished by one or more States and having responsi-
bility for providing intercity passenger rail service. 
‘‘(2) CAPITAL
PROJECT.—The term ‘capital 
project’ means a project or program in a State rail 
plan developed under chapter 227 of this title for— 
‘‘(A) acquiring, constructing, improving, or 
inspecting equipment, track and track structures, 
or a facility for use in or for the primary benefit
220 
of intercity passenger rail service, expenses inci-
dental to the acquisition or construction (includ-
ing designing, engineering, location surveying, 
mapping, environmental studies, and acquiring 
rights-of-way), payments for the capital portions 
of rail trackage rights agreements, highway-rail 
grade crossing improvements related to intercity 
passenger rail service, mitigating environmental 
impacts, communication and signalization im-
provements, relocation assistance, acquiring re-
placement housing sites, and acquiring, con-
structing, relocating, and rehabilitating replace-
ment housing; 
‘‘(B) rehabilitating, remanufacturing or 
overhauling rail rolling stock and facilities used 
primarily in intercity passenger rail service; 
‘‘(C) costs associated with developing State 
rail plans; and 
‘‘(D) the first-dollar liability costs for insur-
ance related to the provision of intercity pas-
senger rail service under section 24404. 
‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The 
term ‘intercity passenger rail service’ means intercity 
rail passenger transportation, as defined in section 
24102 of this title.
221 
‘‘§ 24402. Capital investment grants to support inter-
city passenger rail service 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) The Secretary of Transportation may make 
grants under this section to an applicant to assist in 
financing the capital costs of facilities, infrastructure, 
and equipment necessary to provide or improve inter-
city passenger rail transportation. 
‘‘(2) Consistent with the requirements of this 
chapter, the Secretary shall require that a grant 
under this section be subject to the terms, conditions, 
requirements, and provisions the Secretary decides 
are necessary or appropriate for the purposes of this 
section, including requirements for the disposition of 
net increases in value of real property resulting from 
the project assisted under this section and shall pre-
scribe procedures and schedules for the awarding of 
grants under this title, including application and 
qualification procedures and a record of decision on 
applicant eligibility. The Secretary shall issue a final 
rule establishing such procedures not later than 2 
years after the date of enactment of the Passenger 
Rail Investment and Improvement Act of 2008. For 
the period prior to the earlier of the issuance of such 
a rule or 2 years after the date of enactment of such 
Act, the Secretary shall issue interim guidance to ap-
222 
plicants covering such procedures, and administer the 
grant program authorized under this section pursuant 
to such guidance. 
‘‘(b) PROJECT AS PART OF STATE RAIL PLAN.— 
‘‘(1) The Secretary may not approve a grant for 
a project under this section unless the Secretary finds 
that the project is part of a State rail plan developed 
under chapter 227 of this title, or under the plan re-
quired by section 211 of the Passenger Rail Invest-
ment and Improvement Act of 2008, and that the ap-
plicant or recipient has or will have the legal, finan-
cial, and technical capacity to carry out the project, 
satisfactory continuing control over the use of the 
equipment or facilities, and the capability and will-
ingness to maintain the equipment or facilities. 
‘‘(2) An applicant shall provide sufficient infor-
mation upon which the Secretary can make the find-
ings required by this subsection. 
‘‘(3) If an applicant has not selected the pro-
posed operator of its service competitively, the appli-
cant shall provide written justification to the Sec-
retary showing why the proposed operator is the best, 
taking into account price and other factors, and that 
use of the proposed operator will not unnecessarily in-
crease the cost of the project.
223 
‘‘(c) PROJECT SELECTION CRITERIA.—The Secretary, 
in selecting the recipients of financial assistance to be pro-
vided under subsection (a), shall— 
‘‘(1) require— 
‘‘(A) that the project be part of a State rail 
plan developed under chapter 227 of this title, or 
under the plan required by section 211 of the 
Passenger Rail Investment and Improvement Act 
of 2008; 
‘‘(B) that the applicant or recipient has or 
will have the legal, financial, and technical ca-
pacity to carry out the project, satisfactory con-
tinuing control over the use of the equipment or 
facilities, and the capability and willingness to 
maintain the equipment or facilities; 
‘‘(C) that the applicant provides sufficient 
information upon which the Secretary can make 
the findings required by this subsection; 
‘‘(D) that if an applicant has selected the 
proposed operator of its service competitively, 
that the applicant provide written justification 
to the Secretary showing why the proposed oper-
ator is the best, taking into account costs and 
other factors;
224 
‘‘(E) that each proposed project meet all 
safety and security requirements that are appli-
cable to the project under law; and 
‘‘(F) that each project be compatible with, 
and operated in conformance with— 
‘‘(i) plans developed pursuant to the 
requirements of section 135 of title 23, 
United States Code; and 
‘‘(ii) the national rail plan (if it is 
available); 
‘‘(2) select projects— 
‘‘(A) that are anticipated to result in sig-
nificant improvements to intercity rail passenger 
service, including, but not limited to, consider-
ation of— 
‘‘(i) the project’s levels of estimated 
ridership, increased on-time performance, 
reduced trip time, additional service fre-
quency to meet anticipated or existing de-
mand, or other significant service enhance-
ments as measured against minimum 
standards developed under section 207 of 
the Passenger Rail Investment and Im-
provement Act of 2008;
225 
‘‘(ii) the project’s anticipated favorable 
impact on air or highway traffic congestion, 
capacity, or safety; and 
‘‘(iii) identification of the project by 
the Surface Transportation Board as nec-
essary to improve the on-time performance 
and reliability of intercity passenger rail 
under section 24308(f); 
‘‘(B) for which there is a high degree of con-
fidence that the proposed project is feasible and 
will result in the anticipated benefits, as indi-
cated by— 
‘‘(i) the project’s precommencement 
compliance with environmental protection 
requirements; 
‘‘(ii) the readiness of the project to be 
commenced; 
‘‘(iii) the timing and amount of the 
project’s future noncommitted investments; 
‘‘(iv) the commitment of any affected 
host rail carrier to ensure the realization of 
the anticipated benefits; and 
‘‘(v) other relevant factors as deter-
mined by the Secretary; and
226 
‘‘(C) for which the level of the anticipated 
benefits compares favorably to the amount of 
Federal funding requested under this chapter; 
and 
‘‘(3) give greater consideration to projects— 
‘‘(A) that are anticipated to result in bene-
fits to other modes transportation and to the 
public at large, including, but not limited to, 
consideration of the project’s— 
‘‘(i) 
encouragement 
of 
intermodal 
connectivity through provision of direct con-
nections between train stations, airports, 
bus terminals, subway stations, ferry ports, 
and other modes of transportation; 
‘‘(ii) 
anticipated 
improvement 
of 
freight or commuter rail operations; 
‘‘(iii) encouragement of the use of posi-
tive train control technologies; 
‘‘(iv) environmental benefits, including 
projects that involve the purchase of envi-
ronmentally sensitive, fuel-efficient, and 
cost-effective passenger rail equipment; 
‘‘(v) anticipated positive economic and 
employment impacts;
227 
‘‘(vi) encouragement of State and pri-
vate contributions toward station develop-
ment, energy and environmentally effi-
ciency, and economic benefits; and 
‘‘(vii) falling under the description in 
section 5302(a)(1)(G) of this title as defined 
to support intercity passenger rail service; 
and 
‘‘(B) that incorporate equitable financial 
participation in the project’s financing, includ-
ing, but not limited to, consideration of— 
‘‘(i) donated property interests or serv-
ices; 
‘‘(ii) financial contributions by freight 
and commuter rail carriers commensurate 
with the benefit expected to their operations; 
and 
‘‘(iii) financial commitments from host 
railroads, non-Federal governmental enti-
ties, nongovernmental entities, and others. 
‘‘(d) STATE RAIL PLANS.—State rail plans completed 
before the date of enactment of the Passenger Rail Invest-
ment and Improvement Act of 2008 that substantially meet 
the requirements of chapter 227 of this title, as determined 
by the Secretary pursuant to section 22506 of this title,
228 
shall be deemed by the Secretary to have met the require-
ments of subsection (c)(1)(A) of this section. 
‘‘(e) AMTRAK ELIGIBILITY.—To receive a grant under 
this section, Amtrak may enter into a cooperative agree-
ment with 1 or more States to carry out 1 or more projects 
on a State rail plan’s ranked list of rail capital projects 
developed under section 22504(a)(5) of this title. For such 
a grant, Amtrak may not use Federal funds authorized 
under section 101(a) or (c) of the Passenger Rail Investment 
and Improvement Act of 2008 to fulfill the non-Federal 
share requirements under subsection (g) of this section. 
‘‘(f) LETTERS OF INTENT AND EARLY SYSTEMS WORK 
AGREEMENTS.— 
‘‘(1) The Secretary may issue a letter of intent 
to an applicant announcing an intention to obligate, 
for a major capital project under this section, an 
amount from future available budget authority speci-
fied in law that is not more than the amount stipu-
lated as the financial participation of the Secretary 
in the project. 
‘‘(2) At least 30 days before issuing a letter 
under paragraph (1) of this subsection, the Secretary 
shall notify in writing the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives, the Committee on Commerce, Science, and
229 
Transportation of the Senate, and the House and 
Senate Committees on Appropriations of the proposed 
letter or agreement. The Secretary shall include with 
the notification a copy of the proposed letter or agree-
ment, the criteria used in subsection (c) for selecting 
the project for a grant award, and a description of 
how the project meets such criteria. 
‘‘(3) An obligation or administrative commit-
ment may be made only when amounts are appro-
priated. The letter of intent shall state that the con-
tingent commitment is not an obligation of the Fed-
eral Government, and is subject to the availability of 
appropriations under Federal law and to Federal 
laws in force or enacted after the date of the contin-
gent commitment. 
‘‘(g) FEDERAL SHARE OF NET PROJECT COST.— 
‘‘(1)(A) Based on engineering studies, studies of 
economic feasibility, and information on the expected 
use of equipment or facilities, the Secretary shall esti-
mate the net project cost. 
‘‘(B) A grant for the project shall not exceed 80 
percent of the project net capital cost. 
‘‘(C) The Secretary shall give priority in allo-
cating future obligations and contingent commitments
230 
to incur obligations to grant requests seeking a lower 
Federal share of the project net capital cost. 
‘‘(2) Up to an additional 20 percent of the re-
quired non-Federal funds may be funded from 
amounts appropriated to or made available to a de-
partment or agency of the Federal Government that 
are eligible to be expended for transportation. 
‘‘(3) The following amounts, not to exceed 
$15,000,000 per fiscal year, shall be available to each 
applicant as a credit toward an applicant’s matching 
requirement for a grant awarded under this section— 
‘‘(A) in each of fiscal years 2009, 2010, and 
2011— 
‘‘(i) 50 percent of the average of 
amounts expended in fiscal years 2002 
through 2008 by an applicant for capital 
projects related to intercity passenger rail 
service; and 
‘‘(ii) 50 percent of the average of 
amounts expended in fiscal years 2002 
through 2008 by an applicant for operating 
costs of such service; and 
‘‘(B) in each of fiscal years 2010, 2011 and 
2012, 50 percent of the amount by which the 
amounts expended for capital projects and oper-
231 
ating costs related to intercity passenger rail 
service by an applicant in the prior fiscal year 
exceed the average capital and operating expend-
itures made for such service in fiscal years 2006, 
2007, and 2008. 
The Secretary may require such information as nec-
essary to verify such expenditures. Credits made 
available to an applicant in a fiscal year under this 
paragraph may only be applied towards grants 
awarded in that fiscal year. 
‘‘(4) The Federal share of expenditures for cap-
ital improvements under this chapter may not exceed 
100 percent. 
‘‘(h) 2-YEAR
AVAILABILITY.—Funds appropriated 
under this section shall remain available until expended. 
If any amount provided as a grant under this section is 
not obligated or expended for the purposes described in sub-
section (a) within 2 years after the date on which the State 
received the grant, such sums shall be returned to the Sec-
retary for other intercity passenger rail development 
projects under this section at the discretion of the Secretary. 
‘‘(i) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN GENERAL.—A metropolitan planning or-
ganization, State transportation department, or other 
project sponsor may enter into an agreement with
232 
any public, private, or nonprofit entity to coopera-
tively implement any project funded with a grant 
under this chapter. 
‘‘(2) FORMS OF PARTICIPATION.—Participation 
by an entity under paragraph (1) may consist of— 
‘‘(A) ownership or operation of any land, 
facility, locomotive, rail car, vehicle, or other 
physical asset associated with the project; 
‘‘(B) cost-sharing of any project expense; 
‘‘(C) carrying out administration, construc-
tion management, project management, project 
operation, or any other management or oper-
ational duty associated with the project; and 
‘‘(D) any other form of participation ap-
proved by the Secretary. 
‘‘(3) SUBALLOCATION.—A State may allocate 
funds under this section to any entity described in 
paragraph (1). 
‘‘(j) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 
carrying out this section, the Secretary shall allocate an 
appropriate portion of the amounts available under this 
section to provide grants to States— 
‘‘(1) in which there is no intercity passenger rail 
service for the purpose of funding freight rail capital 
projects that are on a State rail plan developed under
233 
chapter 227 of this title that provide public benefits 
(as defined in chapter 227) as determined by the Sec-
retary; or 
‘‘(2) in which the rail transportation system is 
not physically connected to rail systems in the conti-
nental United States or may not otherwise qualify for 
a grant under this section due to the unique charac-
teristics of the geography of that State or other rel-
evant considerations, for the purpose of funding 
transportation-related capital projects. 
‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary shall 
make not less than 5 percent annually available from the 
amounts authorized under section 101(c) of the Passenger 
Rail Investment and Improvement Act of 2008 beginning 
in fiscal year 2009 for grants for capital projects eligible 
under this section not exceeding $2,000,000, including costs 
eligible under section 209(d) of that Act. For grants award-
ed under this subsection, the Secretary may waive require-
ments of this section, including state rail plan require-
ments, as appropriate. 
‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS AND 
STORAGE.—Grants under this chapter may be used to pro-
vide access to rolling stock for nonmotorized transportation, 
including bicycles, and recreational equipment, and to pro-
234 
vide storage capacity in trains for such transportation, 
equipment, and other luggage, to ensure passenger safety. 
‘‘§ 24403. Project management oversight 
‘‘(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.— 
To receive Federal financial assistance for a major capital 
project under this chapter, an applicant must prepare and 
carry out a project management plan approved by the Sec-
retary of Transportation. The plan shall provide for— 
‘‘(1) adequate recipient staff organization with 
well-defined reporting relationships, statements of 
functional responsibilities, job descriptions, and job 
qualifications; 
‘‘(2) a budget covering the project management 
organization, appropriate consultants, property ac-
quisition, utility relocation, systems demonstration 
staff, audits, and miscellaneous payments the recipi-
ent may be prepared to justify; 
‘‘(3) a construction schedule for the project; 
‘‘(4) a document control procedure and record-
keeping system; 
‘‘(5) a change order procedure that includes a 
documented, systematic approach to handling the con-
struction change orders;