H. R. 2095—86 
(5) Between Harrisburg and Pittsburgh, Pennsylvania, to 
determine whether to increase frequency of passenger rail 
service along the route or along segments of the route. 
(6) The Capitol Limited Route between Cumberland, Mary-
land, and Pittsburgh, Pennsylvania, to determine whether to 
reinstate a station stop at Rockwood, Pennsylvania. 
(b) ASSISTANCE.—The Comptroller General of the General 
Accountability Office shall, upon request by Amtrak, assist Amtrak 
in conducting the studies under subsection (a). 
(c) HIGH-SPEED RAIL CORRIDOR STUDIES.—(1) The Secretary 
shall conduct— 
(A) an analysis of the Secretary’s December 1, 1998, exten-
sion of the designation of the Southeast High-Speed Rail Cor-
ridor as authorized under section 104(d)(2) of title 23, United 
States Code, including an analysis of alternative routings for 
the corridor; 
(B) a feasibility analysis regarding the expansion of the 
South Central High-Speed Rail Corridor— 
(i) to Memphis, Tennessee; 
(ii) to the Port of Houston, Texas; 
(iii) through Killeen, Texas; and 
(iv) south of San Antonio, Texas, to a location in far 
south Texas to be chosen at the discretion of the Secretary; 
and 
(C) a feasibility analysis regarding the expansion 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 enactment of this Act, the Secretary shall 
submit a report on these analyses to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate, and shall redesignate or modify corridor designations based 
on these analyses, if necessary. 
(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 PASSENGER RAIL 
ROUTES. 
Within 6 months after the date of the enactment of this Act, 
the Inspector General of the Department of Transportation 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 Van-
couver, British Columbia, Canada, and Eugene, Oregon 
(commonly known as ‘‘Amtrak Cascades’’); and
H. R. 2095—87 
(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 Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a plan for 
restoring passenger rail service 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, Mis-
sissippi, 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 UTILIZATION STUDY. 
Within 9 months after the date of enactment of this Act, the 
Inspector General of the Department of Transportation 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 include 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 maxi-
mizing opportunities for utilizing each facility, including the provi-
sion of maintenance and repair to other rail carriers. In developing 
this report, the Inspector General shall consult with the Inspector 
General of Amtrak, Amtrak management, rail labor, and other 
railroad carriers, as it deems appropriate. 
SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO MAIN-
TAIN AMTRAK AS A NATIONAL PASSENGER 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 increase 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 District of Columbia. 
These trains provide the only rail passenger service to 23 
States. 
(4) Amtrak’s long-distance trains provide an essential 
transportation service for many communities and to a signifi-
cant percentage of the general public. 
(5) Many long-distance trains serve small communities 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 decisions by 
national bus carriers to leave many communities, rail transpor-
tation may provide the only feasible common carrier transpor-
tation option for a growing number of areas.
H. R. 2095—88 
(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 communities that they serve. 
(8) Long-distance trains also provide transportation during 
periods of severe weather or emergencies that stall other modes 
of transportation. 
(9) Amtrak provided the only reliable long-distance 
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. 
(11) Passenger trains provide transportation options, 
mobility for underserved populations, congestion mitigation, 
and jobs in the areas they serve. 
(12) Passenger rail has a positive impact on the environ-
ment compared to other modes of transportation by conserving 
energy, reducing greenhouse gas emissions, and cutting down 
on other airborne particulate and toxic emissions. 
(13) Amtrak communities that are served use passenger 
rail and passenger rail stations as a significant source of eco-
nomic development. 
(14) This division makes meaningful and important 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 passenger rail 
system, including long-distance routes, that connects the conti-
nental United States from coast to coast and from border to 
border. 
TITLE III—INTERCITY PASSENGER RAIL 
POLICY 
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER 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 ASSISTANCE 
‘‘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:
H. R. 2095—89 
‘‘(1) APPLICANT.—The term ‘applicant’ means a State 
(including the District of Columbia), a group of States, an 
Interstate Compact, or a public agency established by one or 
more States and having responsibility 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 of intercity passenger 
rail service, expenses incidental to the acquisition or 
construction (including designing, engineering, location sur-
veying, 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 sig-
nalization improvements, relocation assistance, acquiring 
replacement housing sites, and acquiring, constructing, 
relocating, and rehabilitating replacement 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 insurance related 
to the provision of intercity passenger rail service under 
section 24404. 
‘‘(3) INTERCITY PASSENGER RAIL SERVICE.—The term ‘inter-
city passenger rail service’ means intercity rail passenger 
transportation, as defined in section 24102 of this title. 
‘‘§ 24402. Capital investment grants to support intercity pas-
senger 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 nec-
essary to provide or improve intercity passenger rail transpor-
tation. 
‘‘(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 pur-
poses 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 prescribe proce-
dures 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 applicants covering such procedures, and
H. R. 2095—90 
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 required by section 211 of the 
Passenger Rail Investment and Improvement Act of 2008, and 
that the applicant or recipient has or will have the legal, 
financial, and technical capacity to carry out the project, satis-
factory continuing control over the use of the equipment or 
facilities, and the capability and willingness to maintain the 
equipment or facilities. 
‘‘(2) An applicant shall provide sufficient information upon 
which the Secretary can make the findings required by this 
subsection. 
‘‘(3) If an applicant has not selected the proposed operator 
of its service competitively, the applicant shall provide written 
justification to the Secretary showing why the proposed oper-
ator is the best, taking into account price and other factors, 
and that use of the proposed operator will not unnecessarily 
increase the cost of the project. 
‘‘(c) PROJECT SELECTION CRITERIA.—The Secretary, in selecting 
the recipients of financial assistance to be provided under subsection 
(a), shall— 
‘‘(1) require— 
‘‘(A) that the project be part of a State rail plan devel-
oped 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 capacity to carry out 
the project, satisfactory continuing 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 operator is the best, taking into account costs 
and other factors; 
‘‘(E) that each proposed project meet all safety and 
security requirements that are applicable 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 significant 
improvements to intercity rail passenger service, including, 
but not limited to, consideration of—
H. R. 2095—91 
‘‘(i) the project’s levels of estimated ridership, 
increased on-time performance, reduced trip time, addi-
tional service frequency to meet anticipated or existing 
demand, or other significant service enhancements as 
measured against minimum standards developed under 
section 207 of the Passenger Rail Investment and 
Improvement Act of 2008; 
‘‘(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 necessary 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 confidence 
that the proposed project is feasible and will result in 
the anticipated benefits, as indicated 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 car-
rier to ensure the realization of the anticipated bene-
fits; and 
‘‘(v) other relevant factors as determined by the 
Secretary; and 
‘‘(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 benefits 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 connections between train 
stations, airports, bus terminals, subway stations, ferry 
ports, and other modes of transportation; 
‘‘(ii) anticipated improvement of freight or com-
muter rail operations; 
‘‘(iii) encouragement of the use of positive train 
control technologies; 
‘‘(iv) environmental benefits, including projects 
that involve the purchase of environmentally sensitive, 
fuel-efficient, and cost-effective passenger rail equip-
ment; 
‘‘(v) anticipated positive economic and employment 
impacts; 
‘‘(vi) encouragement of State and private contribu-
tions toward station development, energy and environ-
mentally efficiency, 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, including, but not limited to, 
consideration of—
H. R. 2095—92 
‘‘(i) donated property interests or services; 
‘‘(ii) financial contributions by freight and com-
muter rail carriers commensurate with the benefit 
expected to their operations; and 
‘‘(iii) financial commitments from host railroads, 
non-Federal governmental entities, nongovernmental 
entities, and others. 
‘‘(d) STATE RAIL PLANS.—State rail plans completed before the 
date of enactment of the Passenger Rail Investment and Improve-
ment 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, shall be deemed by the Secretary 
to have met the requirements of subsection (c)(1)(A) of this section. 
‘‘(e) AMTRAK ELIGIBILITY.—To receive a grant under this section, 
Amtrak may enter into a cooperative agreement 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 Invest-
ment 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 AGREE-
MENTS.— 
‘‘(1) The Secretary may issue a letter of intent to an 
applicant announcing an intention to obligate, for a major cap-
ital project under this section, an amount from future available 
budget authority specified in law that is not more than the 
amount stipulated 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 Transportation and Infrastructure of the 
House of Representatives, the Committee on Commerce, 
Science, and 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 agreement, 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 commitment may be 
made only when amounts are appropriated. The letter of intent 
shall state that the contingent commitment is not an obligation 
of the Federal 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 contingent 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 estimate 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 allocating future 
obligations and contingent commitments 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 required non- 
Federal funds may be funded from amounts appropriated to
H. R. 2095—93 
or made available to a department 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 operating costs related to intercity 
passenger rail service by an applicant in the prior fiscal 
year exceed the average capital and operating expenditures 
made for such service in fiscal years 2006, 2007, and 2008. 
The Secretary may require such information as necessary 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 capital improve-
ments under this chapter may not exceed 100 percent. 
‘‘(h) 2-YEAR AVAILABILITY.—Funds appropriated under this sec-
tion 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 subsection (a) within 2 years after the 
date on which the State received the grant, such sums shall be 
returned to the Secretary for other intercity passenger rail develop-
ment projects under this section at the discretion of the Secretary. 
‘‘(i) COOPERATIVE AGREEMENTS.— 
‘‘(1) IN GENERAL.—A metropolitan planning organization, 
State transportation department, or other project sponsor may 
enter into an agreement with any public, private, or nonprofit 
entity to cooperatively 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, loco-
motive, rail car, vehicle, or other physical asset associated 
with the project; 
‘‘(B) cost-sharing of any project expense; 
‘‘(C) carrying out administration, construction manage-
ment, project management, project operation, or any other 
management or operational duty associated with the 
project; and 
‘‘(D) any other form of participation approved 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—
H. R. 2095—94 
‘‘(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 chapter 227 of this 
title that provide public benefits (as defined in chapter 227) 
as determined by the Secretary; or 
‘‘(2) in which the rail transportation system is not phys-
ically connected to rail systems in the continental United States 
or may not otherwise qualify for a grant under this section 
due to the unique characteristics of the geography of that 
State or other relevant 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 Improve-
ment 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 
awarded under this subsection, the Secretary may waive require-
ments of this section, including state rail plan requirements, as 
appropriate. 
‘‘(l) NONMOTORIZED TRANSPORTATION ACCESS AND STORAGE.— 
Grants under this chapter may be used to provide access to rolling 
stock for nonmotorized transportation, including bicycles, and rec-
reational equipment, and to provide storage capacity in trains for 
such transportation, equipment, and other luggage, to ensure pas-
senger 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 manage-
ment plan approved by the Secretary of Transportation. The plan 
shall provide for— 
‘‘(1) adequate recipient staff organization with well-defined 
reporting relationships, statements of functional responsibil-
ities, job descriptions, and job qualifications; 
‘‘(2) a budget covering the project management organiza-
tion, appropriate consultants, property acquisition, utility 
relocation, systems demonstration staff, audits, and miscella-
neous payments the recipient may be prepared to justify; 
‘‘(3) a construction schedule for the project; 
‘‘(4) a document control procedure and recordkeeping 
system; 
‘‘(5) a change order procedure that includes a documented, 
systematic approach to handling the construction change 
orders; 
‘‘(6) organizational structures, management skills, and 
staffing levels required throughout the construction phase; 
‘‘(7) quality control and quality assurance functions, proce-
dures, and responsibilities for construction, system installation, 
and integration of system components; 
‘‘(8) material testing policies and procedures; 
‘‘(9) internal plan implementation and reporting require-
ments; 
‘‘(10) criteria and procedures to be used for testing the 
operational system or its major components;