H. R. 2095—70 
a quarterly report on the performance and service quality of inter-
city passenger train operations, including Amtrak’s cost recovery, 
ridership, on-time performance and minutes of delay, causes of 
delay, on-board services, stations, facilities, equipment, and other 
services. 
(c) CONTRACTS WITH HOST RAIL CARRIERS.—To the extent prac-
ticable, Amtrak and its host rail carriers shall incorporate the 
metrics and standards developed under subsection (a) into their 
access and service agreements. 
(d) ARBITRATION.—If the development of the metrics and stand-
ards is not completed within the 180-day period required by sub-
section (a), any party involved in the development of those standards 
may petition the Surface Transportation Board to appoint an arbi-
trator to assist the parties in resolving their disputes through 
binding arbitration. 
SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLAN-
NING 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 independent entity to develop 
and recommend objective methodologies for Amtrak to use in deter-
mining what intercity passenger routes and services it will provide, 
including the establishment 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, equipment, and other services; 
(2) connectivity of a route with other routes; 
(3) the transportation needs of communities and popu-
lations that are not well served by intercity passenger rail 
service or by other forms of intercity transportation; 
(4) Amtrak’s and other major intercity passenger rail 
service providers in other countries’ methodologies for deter-
mining intercity passenger rail routes and services; and 
(5) the views of the States and other interested parties. 
(b) SUBMITTAL TO CONGRESS.—Within 1 year after the date 
of enactment of this Act, the entity shall submit recommendations 
developed under subsection (a) to Amtrak, the Committee on 
Transportation and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science, and Transportation of 
the Senate. 
(c) CONSIDERATION
OF RECOMMENDATIONS.—Within 90 days 
after receiving the recommendations developed under subsection 
(a) by the entity, the Amtrak Board of Directors shall consider 
the adoption of those recommendations. The Board shall transmit 
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 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 enactment 
of this Act, the Amtrak Board of Directors, in consultation with 
the Secretary, the governors of each relevant State, and the Mayor
H. R. 2095—71 
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 cap-
ital 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 enactment 
of this Act, equal treatment in the provision of like 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 relevant 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 sec-
tion, including revisions or modifications based on Amtrak’s finan-
cial accounting system developed pursuant to section 203 of this 
division. 
(c) REVIEW.—If Amtrak and the States (including the District 
of Columbia) in which Amtrak operates such routes do not volun-
tarily adopt and implement the methodology developed under sub-
section (a) in allocating costs and determining compensation for 
the provision of service in accordance with the date established 
therein, the Surface Transportation Board shall determine the 
appropriate methodology required 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 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 methodology. 
(d) USE OF CHAPTER 244 FUNDS.—Funds provided to a State 
under chapter 244 of title 49, United States Code, may be used, 
as provided in that chapter, to pay capital costs determined in 
accordance with this section. 
SEC. 210. LONG-DISTANCE ROUTES. 
(a) IN GENERAL.—Chapter 247 is amended by adding at the 
end thereof the following: 
‘‘§ 24710. Long-distance routes 
‘‘(a) ANNUAL EVALUATION.—Using the financial and perform-
ance metrics developed under section 207 of the Passenger Rail 
Investment and Improvement Act of 2008, Amtrak shall— 
‘‘(1) evaluate annually the financial and operating perform-
ance 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 overall performance as 
belonging to the best performing third of such routes, the 
second best performing third of such routes, or the worst per-
forming third of such routes.
H. R. 2095—72 
‘‘(b) PERFORMANCE IMPROVEMENT PLAN.—Amtrak shall develop 
and post on its website a performance improvement plan for its 
long-distance passenger rail routes to achieve financial and oper-
ating improvements based on the data collected through the applica-
tion of the financial and performance metrics developed under sec-
tion 207 of that Act. The plan shall address— 
‘‘(1) on-time performance; 
‘‘(2) scheduling, frequency, routes, and stops; 
‘‘(3) the feasibility of restructuring service into connected 
corridor service; 
‘‘(4) performance-related equipment changes and capital 
improvements; 
‘‘(5) on-board amenities and service, including food, first 
class, and sleeping car service; 
‘‘(6) State or other non-Federal financial contributions; 
‘‘(7) improving financial performance; 
‘‘(8) anticipated Federal funding of operating and capital 
costs; and 
‘‘(9) other aspects of Amtrak’s long-distance passenger rail 
routes that affect the financial, competitive, and functional 
performance of service on Amtrak’s long-distance passenger 
rail routes. 
‘‘(c) IMPLEMENTATION.—Amtrak shall implement the perform-
ance 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 Administration shall 
monitor the development, implementation, and outcome of improve-
ment plans under this section. If the Federal Railroad Administra-
tion 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 outcomes it has established for such routes, under 
the plan for any calendar year, the Federal Railroad Administra-
tion— 
‘‘(1) shall notify Amtrak, the Inspector General of the 
Department of Transportation, the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 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.’’.
H. R. 2095—73 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 247 is amended by inserting after the item relating 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 Secretary and the 
States (including the District of Columbia) that make up the North-
east Corridor (as defined in section 24102 of title 49, United States 
Code), shall prepare a capital spending plan for capital projects 
required to return the railroad right-of-way (including track, signals, 
and auxiliary structures), facilities, stations, and equipment, of 
the Northeast Corridor main line to a state-of-good-repair by the 
end of fiscal year 2018, consistent with the funding levels authorized 
in this division, and shall submit the plan to the Secretary. 
(b) REVIEW AND APPROVAL BY THE SECRETARY.— 
(1) 60-DAY APPROVAL PROCESS.—The Secretary shall com-
plete 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 review, the Secretary may 
seek comments from the Commission 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 Amtrak. 
(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 receiving 
a modified plan from Amtrak, the Secretary shall 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 Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate the 
remaining deficiencies and recommend a process for resolving 
the outstanding portions of the plan. 
(c) PLAN UPDATES.—The plan shall be updated at least annually 
and the Secretary shall review and approve such updates, in accord-
ance with the procedures described in subsection (b). 
(d) GRANTS.—The Secretary shall make grants to Amtrak 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 Secretary. 
(e) OVERSIGHT.—Using the funds authorized by section 101(d), 
the Secretary shall review Amtrak’s capital expenditures funded 
by this section to ensure that such expenditures are consistent 
with the capital spending plan and that Amtrak is providing ade-
quate project management oversight and fiscal controls. 
(f) ELIGIBILITY
OF
EXPENDITURES.—The Federal share of 
expenditures for capital improvements under this section may not 
exceed 100 percent.