[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5449 Reported in House (RH)]
Union Calendar No. 469
113th CONGRESS
2d Session
H. R. 5449
[Report No. 113-629]
To reauthorize Federal support for passenger rail programs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2014
Mr. Shuster (for himself, Mr. Rahall, Mr. Denham, and Ms. Brown of
Florida) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
December 1, 2014
Additional sponsors: Mr. Hanna, Mr. Gibbs, Mrs. Miller of Michigan, Mr.
Coble, and Mr. Williams
December 1, 2014
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To reauthorize Federal support for passenger rail programs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Passenger Rail
Reform and Investment Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization for Amtrak.
Sec. 102. Authorization for Amtrak Office of the Inspector General.
Sec. 103. National infrastructure investments.
Sec. 104. Northeast Corridor.
TITLE II--AMTRAK REFORM
Sec. 201. Amtrak planning and grant process.
Sec. 202. 5-year capital and operating plan.
Sec. 203. State-supported routes.
Sec. 204. Route and service planning decisions.
Sec. 205. Competition.
Sec. 206. Food and beverage reform.
Sec. 207. Right of way leveraging.
Sec. 208. Station development.
Sec. 209. Amtrak debt.
Sec. 210. Amtrak pilot program for passengers transporting domesticated
cats and dogs.
Sec. 211. Amtrak boarding procedures.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 301. Federal-State partnership for Northeast Corridor development
and improvement.
Sec. 302. RRIF improvements.
Sec. 303. NEC fast forward.
Sec. 304. Large capital project requirements.
Sec. 305. Small business participation study.
Sec. 306. Gulf Coast rail service working group.
Sec. 307. Miscellaneous.
TITLE IV--PROJECT DELIVERY
Sec. 401. Project delivery rulemaking.
Sec. 402. Historic preservation of railroads.
TITLE V--MISCELLANEOUS
Sec. 501. Definition.
Sec. 502. Title 49 definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION FOR AMTRAK.
(a) Northeast Corridor Improvement Fund.--There are authorized to
be appropriated to the Secretary for the use of Amtrak for deposit into
the Northeast Corridor Improvement Fund account established under
section 24319(a)(1) of title 49, United States Code (as added by
section 201 of this Act), the following amounts:
(1) For fiscal year 2015, $439,000,000.
(2) For fiscal year 2016, $464,000,000.
(3) For fiscal year 2017, $480,000,000.
(4) For fiscal year 2018, $498,000,000.
(b) National Network.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for deposit into the National
Network account established under section 24319(a)(2) of title 49,
United States Code (as added by section 201 of this Act), the following
amounts:
(1) For fiscal year 2015, $973,000,000.
(2) For fiscal year 2016, $974,000,000.
(3) For fiscal year 2017, $985,000,000.
(4) For fiscal year 2018, $997,000,000.
(c) Project Management Oversight.--The Secretary may withhold up to
$2,000,000 of the amount appropriated pursuant to subsection (a), and
up to $2,000,000 of the amount appropriated pursuant to subsection (b),
for the costs of management oversight of Amtrak.
SEC. 102. AUTHORIZATION FOR AMTRAK OFFICE OF THE INSPECTOR GENERAL.
There are authorized to be appropriated to the Secretary for the
Office of the Inspector General of Amtrak the following amounts:
(1) For fiscal year 2015, $23,000,000.
(2) For fiscal year 2016, $24,000,000.
(3) For fiscal year 2017, $24,000,000.
(4) For fiscal year 2018, $25,000,000.
SEC. 103. NATIONAL INFRASTRUCTURE INVESTMENTS.
(a) In General.--There are authorized to be appropriated to the
Secretary for capital grants under chapter 244 of title 49, United
States Code, the following amounts:
(1) For fiscal year 2015, $300,000,000.
(2) For fiscal year 2016, $300,000,000.
(3) For fiscal year 2017, $300,000,000.
(4) For fiscal year 2018, $300,000,000.
(b) Federal-State Partnership for Northeast Corridor Development
and Improvement.--Of the amounts authorized to be appropriated under
subsection (a), 50 percent for each fiscal year shall be available for
carrying out section 24407 of title 49, United States Code, as added by
section 301 of this Act.
(c) Project Management Oversight.--The Secretary may withhold up to
\1/2\ of 1 percent of amounts appropriated pursuant to chapter 244 of
title 49, United States Code, for the costs of project management
oversight of capital projects carried out pursuant to such chapter.
SEC. 104. NORTHEAST CORRIDOR.
For purposes of this title, the term ``Northeast Corridor'' means
the Northeast Corridor main line between Boston, Massachusetts, and the
District of Columbia, and facilities and services used to operate and
maintain that line.
TITLE II--AMTRAK REFORM
SEC. 201. AMTRAK PLANNING AND GRANT PROCESS.
(a) Requirements and Procedures.--
(1) Amendment.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 24317. Costs and revenues
``(a) In General.--Not later than 60 days after the date of
enactment of the Passenger Rail Reform and Investment Act of 2014,
Amtrak shall establish and maintain internal controls to ensure
Amtrak's costs and revenues are allocated to either the Northeast
Corridor or the National Network, including proportional shares of
common and fixed costs.
``(b) Definition.--For purposes of this chapter, the term
`Northeast Corridor' means the Northeast Corridor main line between
Boston, Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.
``Sec. 24318. Grant process
``(a) Procedures for Grant Requests.--Not later than 30 days after
the date of enactment of the Passenger Rail Reform and Investment Act
of 2014, the Secretary of Transportation shall establish and transmit
to the Committee on Transportation and Infrastructure and the Committee
on Appropriations of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate substantive and procedural requirements,
including schedules, for grant requests under this section.
``(b) Grant Requests.--Amtrak shall transmit grant requests for
Federal funds to be appropriated to the Secretary for the use of Amtrak
to--
``(1) the Secretary; and
``(2) the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate.
``(c) Contents.--A grant request under subsection (b) shall--
``(1) provide a detailed financial analysis for the
upcoming fiscal year for the Northeast Corridor, State-
supported routes, and long-distance routes, including
projections for the items listed in 24320(c)(1), as applicable,
in comparison to prior fiscal year projections;
``(2) include a description of the work to be funded, along
with cost estimates and an estimated timetable for completion
of the projects covered by the request;
``(3) include an assessment of the continuing financial
stability of Amtrak;
``(4) be displayed on Amtrak's website within a reasonable
timeframe following its submission to the entities described in
subsection (b); and
``(5) be in similar format and substance to those submitted
by executive agencies of the Federal Government.
``(d) Review and Approval.--
``(1) 30-day approval process.--The Secretary shall
complete the review of a grant request and approve or
disapprove the request not later than 30 days after the date on
which Amtrak submits the grant request. If the Secretary
disapproves the request or determines that the request 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.--Not later than 15 days
after receiving notification from the Secretary under paragraph
(1), Amtrak shall submit a modified request for the Secretary's
review.
``(3) Revised requests.--Not later than 15 days after
receiving a modified request from Amtrak, the Secretary shall
either approve the modified request, or, if the Secretary finds
that the request is still incomplete or deficient, the
Secretary shall identify in writing to the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate the remaining
deficiencies and recommend a process for resolving the
outstanding portions of the request.
``(e) Payment to Amtrak.--
``(1) In general.--Except as provided in paragraph (2), in
each fiscal year for which amounts are authorized to be
appropriated, amounts appropriated shall be paid to Amtrak as
follows:
``(A) 50 percent on October 1.
``(B) 25 percent on January 1.
``(C) 25 percent on April 1.
``(2) Exception.--The Secretary may make a payment to
Amtrak of appropriated funds more frequently than once every 90
days if Amtrak, for good cause, requests more frequent payment
before a 90-day period ends.
``(f) Availability of Amounts and Early Appropriations.--Amounts
appropriated to the Secretary for the use of Amtrak shall remain
available until expended. Amounts for capital acquisitions and
improvements may be appropriated for a fiscal year before the fiscal
year in which the amounts will be obligated.
``(g) Limitations on Use.--Amounts appropriated to the Secretary
for the use of Amtrak may not be used to subsidize operating losses of
commuter rail passenger or rail freight transportation.
``Sec. 24319. Accounts
``(a) Establishment of Accounts.--Amtrak shall establish--
``(1) a Northeast Corridor Improvement Fund account; and
``(2) a National Network account.
``(b) Northeast Corridor Improvement Fund Account.--
``(1) Deposits.--Amtrak shall deposit in the Northeast
Corridor Improvement Fund account established under subsection
(a)(1)--
``(A) grant funds appropriated for the Northeast
Corridor Improvement Fund pursuant to section 101(a) of
the Passenger Rail Reform and Investment Act of 2014 or
any subsequent Act;
``(B) compensation received from commuter rail
passenger transportation on the Northeast Corridor
provided to Amtrak pursuant to section 24905(c); and
``(C) any operating surplus of the Northeast
Corridor, as allocated pursuant to section 24317.
``(2) Use of northeast corridor improvement fund account.--
Except as provided in subsection (d), amounts deposited in the
Northeast Corridor Improvement Fund account shall be made
available for the use of Amtrak for--
``(A) capital projects described in section
24401(2) (A) or (B) to bring the Northeast Corridor to
a state-of-good-repair, including projects described in
section 24906(a)(2)(E)(i)(I);
``(B) capital projects intended to increase
corridor capacity, improve service reliability, and
reduce travel time for rail users on the Northeast
Corridor, including projects described in subclauses
(II) and (III) of section 24906(a)(2)(E)(i), consistent
with the planning process established under section
24906; and
``(C) retirement of principal and payment of
interest on loans for capital equipment, or capital
leases, attributable to the Northeast Corridor.
``(c) National Network Account.--
``(1) Deposits.--Amtrak shall deposit in the account
established under subsection (a)(2)--
``(A) grant funds appropriated for the National
Network pursuant to section 101(b) of the Passenger
Rail Reform and Investment Act of 2014, or any
subsequent Act;
``(B) compensation received from States provided to
Amtrak pursuant to section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (42 U.S.C. 24101
note); and
``(C) any operating surplus from the National
Network, as allocated pursuant to section 24317.
``(2) Use of national network account.--Except as provided
in subsection (d), amounts deposited in the National Network
account shall be made available for the use of Amtrak for
capital expenses and operating costs of the National Network
and retirement of principal and payment of interest on loans
for capital equipment, or capital leases, attributable to the
National Network.
``(d) Transfer Authority.--
``(1) Authority.--Amtrak may transfer any funds
appropriated pursuant to the Passenger Rail Reform and
Investment Act of 2014 or any other Act, or any surplus
generated by operations, between the Northeast Corridor
Improvement Fund and National Network accounts upon the
expiration of 60 days after Amtrak has notified the Amtrak
Board of Directors of such transfer.
``(2) Report.--Not later than 30 days after the Amtrak
Board of Directors receives notification from Amtrak under
paragraph (1), the Board shall transmit a report to the
Secretary, the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate, that includes--
``(A) the amount of the transfer; and
``(B) a detailed explanation of the reason for the
transfer, including effects on Amtrak services if no
transfer were made.
``(e) Letters of Intent.--
``(1) Requirement.--The Secretary shall issue a letter of
intent to Amtrak announcing an intention to obligate, for a
major capital project described in subclauses (II) and (III) of
section 24906(a)(2)(E)(i), 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) Notice to congress.--At least 30 days before issuing
a letter under paragraph (1), the Secretary shall notify in
writing the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate, of the proposed letter. The Secretary shall include
with the notification a copy of the proposed letter, the
criteria used for selecting the project for a grant award, and
a description of how the project meets criteria of this
section.
``(3) Contingent nature of obligation or commitment.--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.
``(f) Rolling Stock Purchases.--Prior to entering into contracts in
excess of $100,000,000 for rolling stock procurements, Amtrak shall
submit a business case analysis to the Secretary, the Committee on
Transportation and Infrastructure and the Committee on Appropriations
of the House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations of the
Senate, on the utility of such purchase. This analysis shall--
``(1) include a cost and benefit comparison that describes
the total lifecycle costs and the anticipated benefits related
to revenue, operational efficiency, reliability, and other
factors;
``(2) set forth the total payments by fiscal year;
``(3) identify the specific source and amounts of funding
for each payment, including Federal funds, State funds, Amtrak
profits, Federal, State, or private loans or loan guarantees,
and other funding;
``(4) include whether any payment under the contract will
increase Amtrak's grant request, as required under section
24318, in that particular fiscal year; and
``(5) describe how Amtrak will adjust the procurement if
future funding is not available.''.
(2) Table of sections amendment.--The table of sections for
chapter 243 of title 49, United States Code, is amended by
adding at the end the following new items:
``24317. Costs and revenues.
``24318. Grant process.
``24319. Accounts.''.
(b) Northeast Corridor Planning.--
(1) Amendment.--Chapter 249 of title 49, United States
Code, is amended by adding at the end the following new
section:
``Sec. 24906. Northeast Corridor planning
``(a) Northeast Corridor Capital Investment Plan.--
``(1) Requirement.--Not later than 12 months after the date
of enactment of the Passenger Rail Reform and Investment Act of
2014, and annually thereafter, the Northeast Corridor
Infrastructure and Operations Advisory Commission established
under section 24905 (referred to in this section as the
`Commission') shall develop a capital investment plan for the
Northeast Corridor main line between Boston, Massachusetts, and
the District of Columbia, and the Northeast Corridor branch
lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York, and facilities and
services used to operate and maintain those lines.
``(2) Contents.--Each such plan shall--
``(A) be developed to establish a coordinated
approach to capital spending on the Northeast Corridor;
``(B) cover a period of 5 fiscal years, beginning
with the first fiscal year after the date of the plan;
``(C) notwithstanding section 24902(b), prioritize
projects and investments along the Northeast Corridor
based on--
``(i) the anticipated benefits and costs of
projects;
``(ii) the anticipated Federal and non-
Federal funding available; and
``(iii) the information contained in the
Northeast Corridor asset management plans
required under subsection (b), once available;
``(D) ensure coordination and optimization across
the entire Northeast Corridor and among the various
owners and users;
``(E) include a financial plan for the investment
period that--
``(i) categorizes each capital project as
being primarily associated with--
``(I) normalized capital
replacement;
``(II) replacement, rehabilitation,
or repair of Northeast Corridor
infrastructure assets, including
tunnels, bridges, stations, and other
assets; or
``(III) improvement of train
performance on the Northeast Corridor,
including reduced trip times, increased
train frequencies, higher operating
speeds, and other improvements;
``(ii) identifies the anticipated funding
source and financing method for each capital
project described in subclauses (II) and (III)
of clause (i);
``(iii) describes the anticipated outcomes
of each project, including--
``(I) an assessment of the
potential effect on passenger
accessibility, operations, safety,
reliability, and resiliency, and on the
ability of infrastructure owners and
operators to meet regulatory
requirements should the project not be
funded; and
``(II) an assessment of the
benefits and costs;
``(iv) identifies the extent to which the
capital assets are or will be jointly used by
intercity passenger rail service and other
users, and the proportionate share of that
joint usage; and
``(v) for projects that are expected to be
fully or partially funded through Federal
financial assistance, identifies the most
appropriate public agency or entity to receive
those funds and implement each capital project.
``(3) Additional contents.--Any plan developed under
paragraph (1) after the publication by the Secretary of
Transportation of the Northeast Corridor service development
plan shall also--
``(A) be developed to identify, prioritize, and
phase the implementation of projects necessary to
achieve the goals and findings contained in such
Northeast Corridor service development plan;
``(B) allow for flexibility to change
prioritization and programs based upon the availability
of Federal and non-Federal funding;
``(C) inform the Secretary in developing
recommendations for Congress on Federal funding needs
for the Northeast Corridor and any corresponding
Federal investments in the respective capital programs
for Northeast Corridor infrastructure owners and users;
and
``(D) capture the network-level anticipated
outcomes associated with plan implementation, including
the anticipated effect on passenger accessibility,
operations, safety, reliability, and resiliency.
``(b) Northeast Corridor Asset Management Plans.--
``(1) Contents.--Amtrak, and States and public
transportation entities that own infrastructure that supports
or provides for intercity rail passenger transportation on the
Northeast Corridor, shall develop and update as necessary
Northeast Corridor asset management plans for the Northeast
Corridor main line between Boston, Massachusetts, and the
District of Columbia, and the Northeast Corridor branch lines
connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York, and facilities and
services used to operate and maintain those lines, that--
``(A) are consistent with the Federal Transit
Administration process, as authorized under section
5326, when implemented;
``(B) include, at a minimum--
``(i) an inventory of all capital assets
owned by the developer of the plan;
``(ii) an assessment of the condition of
each of those assets;
``(iii) a description of how the condition
of each asset has changed since the previous
iteration of the plan; and
``(iv) a description of the necessary
resources and processes for bringing or
maintaining those assets in a state-of-good
repair, including decision support tools and
investment prioritization methodologies.
``(2) Transmittal to commission.--Not later than 12 months
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2014, each entity described in paragraph (1)
shall transmit to the Commission a plan developed under
paragraph (1). Any updates to such plan shall also be
transmitted to the Commission.
``(c) Northeast Corridor Service Development Plan Updates.--The
Commission shall, at least once every 10 years, update the Northeast
Corridor service development plan.''.
(2) Table of sections amendment.--The table of sections for
chapter 249 of title 49, United States Code, is amended by
adding at the end the following new item:
``24906. Northeast Corridor planning.''.
(c) Repeals.--The following provisions are repealed:
(1) Sections 206 and 211 of the Passenger Rail Investment
and Improvement Act of 2008.
(2) Section 24104 of title 49, United States Code.
SEC. 202. 5-YEAR CAPITAL AND OPERATING PLAN.
(a) Amendment.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24320. 5-year capital and operating plan
``(a) Plan.--Not later than 60 days after the date of enactment of
an Act appropriating funds pursuant to section 101 of the Passenger
Rail Reform and Investment Act of 2014, or any subsequent authorization
of appropriations for the same purposes, the Amtrak Board of Directors
shall prepare and transmit to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate a 5-
year capital and operating plan for the Northeast Corridor and National
Network.
``(b) Consultation.--Each such plan shall be prepared in
consultation with--
``(1) the Federal Railroad Administration;
``(2) the Northeast Corridor Infrastructure and Operations
Advisory Commission, with respect to the Northeast Corridor;
and
``(3) the requisite States, with respect to the National
Network.
``(c) Contents.--A plan prepared under this section shall--
``(1) for each of the Northeast Corridor and the National
Network, include--
``(A) projected revenues and expenditures for the
Northeast Corridor, State-supported routes, long-
distance routes, and corporate development, including
Federal and non-Federal funding sources;
``(B) projected ridership levels for the Northeast
Corridor, State-supported routes, and long-distance
routes;
``(C) projected capital and operational funding
requirements necessary to maintain passenger service in
order to accommodate predicted ridership levels and
predicted sources of Federal and non-Federal funding;
``(D) projected capital and operating requirements,
ridership, revenue, and expenditures for new passenger
service operations or service expansions;
``(E) an assessment of the continuing financial
stability of Amtrak, as indicated by factors including
anticipated Federal funding of capital and operating
costs, Amtrak's ability to efficiently recruit, retain,
and manage its workforce, and Amtrak's ability to
effectively provide passenger rail service;
``(F) estimates of long-term and short-term debt
and associated principal and interest payments (both
current and anticipated);
``(G) annual cash flow forecasts;
``(H) a statement describing methods of estimation
and significant assumptions;
``(I) specific measures that demonstrate measurable
improvement year over year in the financial results of
Amtrak's operations;
``(J) prior fiscal year and projected--
``(i) operating ratio, cash operating loss,
and cash operating loss per passenger on a
route, business line, and corporate basis;
``(ii) specific costs and savings estimates
resulting from reform initiatives;
``(iii) productivity statistics on a route,
business line, and corporate basis; and
``(iv) equipment reliability statistics;
``(K) capital and operating expenditures for
anticipated security needs; and
``(L) a prioritization of capital expenditures by
business line; and
``(2) reflect the Northeast Corridor planning, as
applicable, and grant processes established under sections
24906 and 24318.
``(d) Conformance to Authorized Funding Levels.--
``(1) In general.--Except as provided in paragraph (2), any
financial projection for a fiscal year that is included in a
plan prepared under this section shall be based on the amount
of dedicated funding for such fiscal year.
``(2) Absence of appropriation.--In the absence of an
appropriation of funds for such fiscal year, the projection
shall be based on the amount of funds authorized by law to be
appropriated for that fiscal year, plus other dedicated
funding.
``(3) Dedicated funding defined.--In this subsection, the
term `dedicated funding' means any amounts appropriated for a
fiscal year and any other funding sources, including revenues
and other ancillary funding streams, for the Northeast Corridor
or the National Network.
``(e) Standards To Promote Financial Stability.--In preparing a
plan under this section, the Board shall apply sound budgetary
practices, including reducing costs and other expenditures, improving
productivity, increasing revenues, or combinations of such practices.
``(f) Updates.--Amtrak shall provide monthly reports for the
current fiscal year in electronic format to the Secretary and the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate regarding the items described in
subsection (c)(1), which shall include a description of the work
completed to date, any differences from projections, and the reasons
for such differences.''.
(b) Table of Sections Amendment.--The table of sections for such
chapter 243 is amended by adding at the end the following new item:
``24320. 5-year budget and business plan.''.
(c) Repeal.--Section 204 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is repealed.
SEC. 203. STATE-SUPPORTED ROUTES.
(a) Amendment.--Chapter 247 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 24712. State-supported routes
``(a) State-Supported Route Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Passenger Rail Reform and Investment Act of
2014, the Secretary of Transportation shall establish a State-
Supported Route Advisory Committee to promote mutual
cooperation and planning pertaining to the rail operations and
related activities of trains operated on State-supported routes
and to further implement section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
``(2) Membership.--The Committee shall consist of
representatives of--
``(A) Amtrak;
``(B) the Department of Transportation, including
the Federal Railroad Administration; and
``(C) 7 States that sponsor State-supported routes,
selected by the Administrator of the Federal Railroad
Administration on the basis of appropriate expertise
and geographic balance, and in a manner that ensures
that all appropriate States are represented
periodically on the Committee.
``(3) Distribution of membership.--The membership belonging
to any of the groups described in each individual subparagraph
of paragraph (2) shall not constitute a majority of the
Committee's memberships.
``(4) Meetings; rules and procedures.--The Committee shall
establish a schedule and location for convening meetings, but
shall meet no less than 2 times every fiscal year. The
Committee shall develop rules and procedures to govern the
Committee's proceedings.
``(b) Cost, Service, and Ridership Forecasts.--
``(1) In general.--Not later than January 31, 2015, and
annually thereafter, Amtrak shall transmit to each State that
sponsors a State-supported route, and to the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate--
``(A) a final statement of costs, revenues,
ridership, and other information determined appropriate
by the Committee established under subsection (a),
pertaining to each such route for the prior fiscal
year; and
``(B) a cost, service, and ridership forecast for
each such route for the upcoming fiscal year, developed
pursuant to the methodology established under section
209 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24101 note).
``(2) Exception.--The Committee may establish a different
deadline than is required under paragraph (1) for submission of
final financial statements and cost, service, and ridership
forecasts.
``(3) Quarterly updates.--Beginning in 2015, and each year
thereafter, Amtrak shall transmit to each State that sponsors a
State-supported route quarterly updates of the cost, service,
and ridership forecast described in paragraph (1)(B) to enable
States to pace costs against State budgets, plan effectively,
and address unexpected changes in costs in a timely manner, on
the following dates:
``(A) April 30, for the period encompassing January
through March of such year.
``(B) July 31, for the period encompassing April
through June of such year.
``(C) October 31, for the period encompassing July
through September of such year.
``(c) Invoices.--Not later than February 15, 2015, and monthly
thereafter, Amtrak shall provide to each State that sponsors a State-
supported route a monthly invoice of the cost of operating such route,
including fixed costs and third-party costs.
``(d) Dispute Resolution.--
``(1) Request for expedited resolution.--If a dispute
arises with respect to a forecast developed under subsection
(b), an invoice developed under subsection (c), or the terms of
a contract for operation of a State-supported route negotiated
between Amtrak and a State that sponsors the route, either
Amtrak or the State may request that the Surface Transportation
Board conduct expedited dispute resolution under this
subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for expedited resolution of disputes
brought before it under this subsection.
``(3) Binding effect.--The decision of the Surface
Transportation Board under this subsection shall be binding on
the parties to the dispute.
``(e) FRA Assistance.--The Federal Railroad Administration may
provide assistance to the parties in the course of negotiations for a
contract for operation of a State-supported route.
``(f) Performance Metrics.--In negotiating a contract for operation
of a State-supported route, Amtrak and the State or States that sponsor
the route shall consider including provisions that provide penalties
and incentives for performance based on metrics that take into account
only those factors within the control of Amtrak or the State or States.
``(g) Definition of State.--In this section, the term `State' means
each of the 50 States and the District of Columbia.''.
(b) Table of Sections Amendment.--The table of sections for such
chapter 247 is amended by adding at the end the following new item:
``24712. State-supported routes.''.
SEC. 204. ROUTE AND SERVICE PLANNING DECISIONS.
Section 208 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended to read as follows:
``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING
DECISIONS.
``(a) Methodology Development.--Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment Act of
2014, as a condition of receiving a grant under section 101 of such
Act, Amtrak shall obtain the services of an independent entity to
develop and recommend objective methodologies for Amtrak to use in
determining what intercity rail passenger transportation routes and
services it should provide, including the establishment of new routes,
the elimination of existing routes, and the contraction or expansion of
services or frequencies over such routes.
``(b) Considerations.--Amtrak shall require the entity, in
developing the methodologies described in subsection (a), to consider--
``(1) the current and expected performance and service
quality of intercity rail passenger transportation operations,
including cost recovery, on-time performance, 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
populations that are not well served by intercity rail
passenger transportation service or by other forms of intercity
transportation;
``(4) the methodologies of Amtrak and major intercity rail
passenger transportation service providers in other countries
for determining intercity passenger rail routes and services;
``(5) the views of States, rail carriers that own
infrastructure over which Amtrak operates, Amtrak employee
representatives, and other interested parties; and
``(6) the funding levels that will be available under
authorization levels that have been enacted into law.
``(c) Recommendations.--Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of 2014,
Amtrak 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 the recommendations
developed by the entity pursuant to subsection (a).
``(d) Consideration of Recommendations.--Not later than 90 days
after transmitting the recommendations pursuant to subsection (c), the
Amtrak Board of Directors shall consider the adoption of the
recommendations and 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 containing
an explanation of any reasons for adopting or not adopting the
recommendations.''.
SEC. 205. COMPETITION.
(a) Amendment.--Section 24711 of title 49, United States Code, is
amended to read as follows:
``Sec. 24711. Alternate passenger rail service pilot program
``(a) In General.--Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of 2014, 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 passenger rail
service route described in subparagraph (B), (C), or (D) of
section 24102(5) or in section 24702(a) to petition the Federal
Railroad Administration to be considered as a passenger rail
service provider over that route in lieu of Amtrak for an
operations period of 5 years;
``(2) requires the Federal Railroad 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, and what sources of non-Federal funding the
bidder would use, including any State subsidy, among other
things;
``(4) requires the Federal Railroad 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 Federal Railroad
Administration may require; and
``(B) an operating subsidy--
``(i) for the first year at a level not in
excess of 90 percent of the level in effect for
that specific route during the fiscal year
preceding the fiscal year in which the petition
was received, adjusted for inflation; and
``(ii) for any subsequent years at the
level calculated under clause (i), adjusted for
inflation; and
``(5) 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 that such staffing plan be
made available by the winning bidder to the public after the
bid award.
``(b) Route Limitations.--The Federal Railroad 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 Federal Railroad Administration awards the right and obligation to
provide passenger rail service over a route under this section 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 on--
``(A) the service provider continuing to provide
passenger rail service on the route that is no less
frequent, nor over a shorter distance, than Amtrak
provided on that route before the award; and
``(B) the service provider's compliance with the
standards established under subsection (a)(4)(A), and
such additional performance standards as the
Administration may establish;
``(2) it shall, if the award is made to a rail carrier
other than Amtrak, require Amtrak to provide access to its
reservation system, stations, and facilities directly related
to operations to any rail carrier or rail carriers awarded a
contract under this section, in accordance with subsection (d),
necessary to carry out the purposes of this section;
``(3) an employee of any person used by such rail carrier
or rail carriers 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 (49 U.S.C. 4312 note) 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) Disputes.--If Amtrak and the rail carrier or rail carriers
awarded a route under this section cannot agree upon terms to carry out
subsection (c)(2), 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 subsection (c)(2) and
that the operation of Amtrak's other services will not be impaired
thereby, the Surface Transportation 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 Amtrak,
and shall determine reasonable compensation, liability, and other terms
for use of the facilities and equipment and provision of the services.
``(e) 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 Federal Railroad Administration, 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 rebidding the contract to operate the service. The
entity providing service shall either be Amtrak or a rail carrier
defined in subsection (a)(1).
``(f) Adequate Resources.--Before taking any action allowed under
this section, the Secretary shall certify that the Federal Railroad
Administration has sufficient resources appropriated under section
101(b) of Passenger Rail Reform and Investment Act of 2014, or any
subsequent appropriation, for that purpose that are adequate to
undertake the program established under this section.
``(g) Budget Authority.--The Secretary of Transportation may
provide to a winning bidder selected under this section appropriations
authorized under sections 101(b) of the Passenger Rail Reform and
Investment Act of 2014, or any subsequent appropriation for the same
purposes, necessary to cover the operating subsidy described in
subsection (a)(4)(B).''.
(b) Report.--Not later than 1 year after the conclusion of the
pilot program established under the amendment made by subsection (a),
the Federal Railroad Administration 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 on the results on the pilot program established under section
24711 of title 49 United States Code, and any recommendations for
further action.
SEC. 206. FOOD AND BEVERAGE REFORM.
(a) Amendment.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24321. Food and beverage reform
``(a) Plan.--Not later than 90 days after the date of enactment of
the Passenger Rail Reform and Investment Act of 2014, Amtrak shall
develop and begin implementing a plan to eliminate, within 5 years of
such date of enactment, the operating loss associated with providing
food and beverage service on board Amtrak trains.
``(b) Considerations.--In developing and implementing the plan,
Amtrak shall consider a combination of cost management and revenue
generation initiatives, including--
``(1) scheduling optimization;
``(2) on-board logistics;
``(3) product development and supply chain efficiency;
``(4) training, awards, and accountability;
``(5) technology enhancements and process improvements; and
``(6) ticket revenue allocation.
``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee
holding a position as of the date of enactment of the Passenger Rail
Reform and Investment Act of 2014 is involuntarily separated because
of--
``(1) the development and implementation of the plan
required under subsection (a); or
``(2) any other action taken by Amtrak to implement this
section.
``(d) No Federal Funding for Operating Losses.--Beginning on the
date that is 5 years after the date of enactment of the Passenger Rail
Reform and Investment Act of 2014, no Federal funds may be used to
cover any operating loss associated with providing food and beverage
service on a route operated by Amtrak or an alternative passenger rail
service provider that operates a route in lieu of Amtrak pursuant to
section 24711.
``(e) Report.--Not later than 120 days after the date of enactment
of the Passenger Rail Reform and Investment Act of 2014, and annually
thereafter for 5 years, Amtrak 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 containing the plan developed pursuant to subsection (a) and a
description of progress in the implementation of the plan.''.
(b) Conforming Amendment.--The table of sections for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following new item:
``24321. Food and beverage reform.''.
SEC. 207. RIGHT OF WAY LEVERAGING.
(a) Request for Proposals.--Not later than 180 days after the date
of enactment of this Act, Amtrak shall issue a Request for Proposals
seeking private sector persons or entities to utilize Amtrak-owned
right-of-way for telecommunications systems, energy distribution
systems, and other activities considered appropriate by Amtrak. The
Request for Proposals shall provide sufficient information on Amtrak's
right-of-way real estate assets to enable respondents to propose an
arrangement that will monetize such assets through revenue sharing
agreements with Amtrak.
(b) Consideration of Proposals.--Not later than 1 year after the
date of enactment of this Act, the Amtrak Board of Directors shall
review and consider each proposal submitted pursuant to subsection (a).
Amtrak may enter into such agreements as are necessary to implement any
such proposal or proposals.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, Amtrak 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 the Request for Proposals required by this section, including
summary information of any proposals submitted to Amtrak and any
proposals accepted by the Amtrak Board of Directors.
SEC. 208. STATION DEVELOPMENT.
(a) Report on Development Options.--Not later than 1 year after the
date of enactment of this Act, Amtrak 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 options to enhance development around Amtrak
stations, including--
(1) strengthening multimodal connections, including
intercity buses;
(2) options for capturing development-related revenue
streams; and
(3) other opportunities to better leverage station assets.
(b) Proposals.--
(1) Request for proposals.--Not later than 18 months after
the date of enactment of this Act, Amtrak shall issue a Request
for Proposals seeking persons or entities, where appropriate,
to carry out the options identified under subsection (a).
(2) Consideration of proposals.--Not later than 24 months
after the date of enactment of this Act, the Amtrak Board of
Directors shall review and consider each proposal submitted
pursuant to paragraph (1). Amtrak may enter into such
agreements as are necessary to implement any such proposal or
proposals.
(c) Report to Congress.--Not later than 30 months after the date of
enactment of this Act, Amtrak 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 the Request for Proposals required by this section, including
summary information of any proposals submitted to Amtrak and any
proposals accepted by the Amtrak Board of Directors.
SEC. 209. AMTRAK DEBT.
Section 205 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended--
(1) in subsection (a), by inserting ``, to the extent
provided in advance in appropriations Acts'' after ``Amtrak's
indebtedness'';
(2) by striking ``as of the date of enactment of this Act''
each place it appears;
(3) in subsection (a), by striking the second sentence;
(4) in subsection (b), by striking ``The Secretary of the
Treasury, in consultation'' and inserting ``To the extent
amounts are provided in advance in appropriations Acts, the
Secretary of the Treasury, in consultation'';
(5) in subsection (d), by inserting ``, to the extent
provided in advance in appropriations Acts'' after ``as
appropriate'';
(4)(6) in subsection (e)(1), by striking ``by section 102
of this division''; and
(5)(7) in subsection (e)(2), by striking ``by section 102''
and inserting ``for Amtrak''.
SEC. 210. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING DOMESTICATED
CATS AND DOGS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, Amtrak shall develop a pilot program that allows
passengers to transport domesticated cats or dogs on certain trains
operated by Amtrak.
(b) Pet Policy.--In developing the pilot program required under
subsection (a), Amtrak shall--
(1) in the case of a passenger train that is comprised of
more than 1 car, designate, where feasible, at least 1 car in
which a ticketed passenger may transport a domesticated cat or
dog in the same manner as carry-on baggage if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel is stowed in accordance with
Amtrak size requirements for carriage of carry-on
baggage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D)
of section 24102(5) of title 49, United States Code;
and
(D) the passenger pays a fee described in paragraph
(3);
(2) allow a ticketed passenger to transport a domesticated
cat or dog on a train in the same manner as cargo if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel is stowed in accordance with
Amtrak requirements for cargo stowage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D)
of section 24102(5) of title 49, United States Code;
(D) the cargo area is temperature controlled in a
manner protective of cat and dog safety and health; and
(E) the passenger pays a fee described in paragraph
(3); and
(3) collect fees for each cat or dog transported by a
ticketed passenger in an amount that, in the aggregate and at a
minimum, covers the full costs of the pilot program.
(c) Report.--Not later than 1 year after the pilot program required
under subsection (a) is first implemented, Amtrak 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 containing an evaluation of the
pilot program.
(d) Limitation on Statutory Construction.--
(1) Service animals.--The pilot program required under
subsection (a) shall be separate from and in addition to the
policy governing Amtrak passengers traveling with service
animals. Nothing in this section may be interpreted to limit or
waive the rights of passengers to transport service animals.
(2) Additional train cars.--Nothing in this section may be
interpreted to require Amtrak to add additional train cars or
modify existing train cars.
(3) Federal funds.--No Federal funds may be used to
implement the pilot program required under this section.
SEC. 211. AMTRAK BOARDING PROCEDURES.
(a) Report.--Not later than 6 months after the date of enactment of
this Act, the Amtrak Office of Inspector General 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 that--
(1) evaluates Amtrak's boarding procedures at its 10
stations through which the most people pass;
(2) compares Amtrak's boarding procedures to--
(A) commuter railroad boarding procedures at
stations shared with Amtrak;
(B) international intercity passenger rail boarding
procedures; and
(C) fixed guideway transit boarding procedures; and
(3) makes recommendations, as appropriate, to improve
Amtrak's boarding procedures, including recommendations
regarding the queuing of passengers and free-flow of all
station-users.
(b) Consideration of Recommendations.--Not later than 6 months
after the release of the report required under subsection (a), the
Amtrak Board of Directors shall consider each recommendation provided
under subsection (a)(3) for implementation across the Amtrak system.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 301. FEDERAL-STATE PARTNERSHIP FOR NORTHEAST CORRIDOR DEVELOPMENT
AND IMPROVEMENT.
(a) Amendment.--Chapter 244 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 24407. Federal-State partnership for Northeast Corridor
rehabilitation and improvement
``(a) In General.--The Secretary of Transportation shall develop
and implement a program for issuing grants to applicants, on a
competitive basis, for the purpose of financing the capital projects
included in the Northeast Corridor Priority Project List developed
under subsection (c).
``(b) Definitions.--In this section, the following definitions
apply:
``(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 or commuter rail service.
``(2) Major state-of-good-repair project.--The term `major
state-of-good-repair project' means a capital project primarily
intended to replace, rehabilitate or repair major Northeast
Corridor infrastructure assets utilized for providing intercity
rail passenger transportation, including tunnels, bridges,
stations, and other assets as determined by the Secretary.
``(3) Improvement project.--The term `improvement project'
means a capital project primarily intended to improve intercity
passenger rail performance on the Northeast Corridor, including
reduced trip times, increased train frequencies, higher
operating speeds, and other improvements as determined by the
Secretary.
``(c) Northeast Corridor Priority Project List.--The Northeast
Corridor Infrastructure and Operations Advisory Commission, established
under section 24905, shall develop and approve a Northeast Corridor
Priority Project List that shall include--
``(1) a list of prioritized individual major state-of-good-
repair projects and improvement projects along the Northeast
Corridor that--
``(A) can be completed based on--
``(i) the funding authorized under section
103(b) of the Passenger Rail Reform and
Investment Act of 2014;
``(ii) any subsequent applicable
authorization in effect;
``(iii) in the absence of such an
authorization, a 5-year funding amount based on
the most recent appropriation; or
``(iv) the requirements of subsection (d);
and
``(B) are consistent with the Northeast Corridor
capital investment plan required under section
24906(a);
``(2) an identification of the applicant for each
individual project;
``(3) an identification of the sources of non-Federal
matching funds for each project; and
``(4) a description of the benefits each project will bring
to intercity rail passenger services.
``(d) Use of Funds.--The Federal grants authorized under this
section shall be for no more than 50 percent of the net project cost of
the project involved.
``(e) Applicability of Capital Grant Requirements.--Except as
specifically provided in this section, the use of any amounts
appropriated for grants under this section shall be subject to the
requirements of this chapter.
``(f) Match Requirements.--No grants may be obligated to an
applicant under this section unless the applicant has transmitted to
the Secretary of Transportation a binding written commitment to provide
all amounts necessary for the purpose of matching Federal contributions
as required by this section.
``(g) Updates to List.--The Northeast Corridor Infrastructure and
Operations Advisory Commission shall revise the NEC Priority Project
List as necessary to reflect--
``(1) any differences in the availability of Federal
funding from the levels assumed for purposes of subsection
(c)(1)(A) (i) and (ii);
``(2) any elimination or addition of projects; and
``(3) any reduction or increase in benefits to be derived
from a project.
``(h) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
``(i) Savings Clause.--Nothing in this section shall supplant the
requirement of applicants to compensate Amtrak for the use of Amtrak
facilities or services pursuant to section 24905(c).
``(j) Definition.--For purposes of this section, the term
`Northeast Corridor' means the Northeast Corridor main line between
Boston, Massachusetts, and the District of Columbia, and the Northeast
Corridor branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York, and
facilities and services used to operate and maintain those lines.''.
(b) Conforming Amendment.--The table of sections for chapter 244 of
title 49, United States Code, is amended by adding at the end the
following new item:
``24407. Federal-State partnership for Northeast Corridor
rehabilitation and improvement.''.
SEC. 302. RRIF IMPROVEMENTS.
(a) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue regulations
implementing the amendments made by this section.
(b) Collateral.--Section 502(h)(2) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(2)) is amended--
(1) by striking ``(2) The Secretary'' and inserting
``(2)(A) The Secretary'';
(2) by inserting ``The Secretary may subordinate rights of
the Secretary under any provision of title 49 or title 23 of
the United States Code, to the rights of the Secretary under
this section and section 503.'' after ``from another source.'';
and
(3) by adding at the end the following new subparagraph:
``(B) The Secretary shall, for purposes of making a finding under
subsection (g)(4), accept the net present value on a future stream of
State or local subsidy income or dedicated revenue as collateral
offered to secure the loan.''.
(c) Office of Management and Budget Review.--Section 502(i) of such
Act (45 U.S.C. 822(i)) is amended by inserting ``In order to enable
compliance with such time limit, the Office of Management and Budget
shall take any actions required with respect to the application within
such 90-day period.'' after ``disapprove the application.''.
(d) RRIF Application.--Section 502(i) of such Act (45 U.S.C.
822(i)) is further amended--
(1) by striking ``Disapproval.--Not later than 90 days
after receiving'' and inserting ``Disapproval.--
``(1) In general.--Not later than 90 days after an
application is determined pursuant to paragraph (2) to be'';
and
(2) by adding at the end the following new paragraphs:
``(2) Completion of application.--The Secretary shall
establish procedures for making a determination, not later than
45 days after submission of an application under this section,
whether the application is complete. Such procedures shall--
``(A) provide for a checklist of the required
components of a complete application;
``(B) require the Secretary to provide to the
applicant a description of the specific components of
the application that remain incomplete if an
application is determined to be incomplete; and
``(C) permit reapplication without prejudice for
applications determined to be incomplete.
``(3) Independent financial analyst.--The Secretary shall
assign an independent financial analyst within 45 days of
submittal of a complete application.''.
(e) Positive Train Control.--Section 502(c)(1) of such Act (45
U.S.C. 822(c)(1)) is amended by inserting ``, including projects for
the installation of a positive train control (as defined in section
20157(i) of title 49, United States Code) system'' after ``public
safety''.
(f) Report to Congress.--Section 502 of such Act (45 U.S.C. 822) is
further amended by adding at the end the following new subsection:
``(k) Report to Congress.--Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of 2014, and
annually thereafter, the Secretary shall transmit to Congress a report
on the program under this section that provides information on loans
approved and disapproved by the Secretary during the previous year.
Such report shall not disclose the identity of direct loan or loan
guarantee recipients. The report shall describe--
``(1) the number of pre-application meetings with potential
applicants;
``(2) the number of applications received and determined
complete under subsection (i)(2), including the requested loan
amounts;
``(3) the dates of receipt of applications;
``(4) the dates applications were determined complete under
subsection (i)(2);
``(5) the number of applications determined incomplete
under subsection (i)(2);
``(6) the final decision dates for both approvals and
disapprovals of applications;
``(7) the number of applications withdrawn from
consideration; and
``(8) the annual loan portfolio asset quality.''.
SEC. 303. NEC FAST FORWARD.
(a) Northeast Corridor Authority.--Section 502(d) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is
amended by inserting ``40 percent shall be available solely for
projects described in subsection (l)(1), and'' after ``Of this
amount,''.
(b) Northeast Corridor Fast Forward Program.--Section 502 of such
Act is further amended by adding at the end the following new
subsection:
``(l) Northeast Corridor Fast Forward.--
``(1) Purpose.--The Secretary, as part of the Railroad
Rehabilitation and Improvement Financing program, shall provide
direct loans and loan guarantees to eligible entities described
in subsection (a) for capital projects to improve the Northeast
Corridor (as used in section 24906 of title 49, United States
Code).
``(2) Collateral.--Loans made or guaranteed under this
subsection shall require collateral equal to the loan amount
requested.
``(3) Investment grade rating.--A direct loan or loan
guarantee shall be made under this subsection only if a rating
agency has assigned an investment grade rating of BBB minus,
Baa3, bbb minus, BBB (low), (or equivalent) or higher to the
project obligation. For purposes of this paragraph, the term
`rating agency' means a credit rating agency registered with
the Securities and Exchange Commission as a nationally
recognized statistical rating organization (as that term is
defined in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a))).
``(4) Inclusion in nec planning.--Loans and loan guarantees
made under this subsection shall be for projects that are
included in the most recent 5-year budget and business plan
prepared pursuant to section 24906(a) of title 49, United
States Code.
``(5) Refinancing.--Loans made or guaranteed under this
subsection shall not be used for the refinancing of outstanding
debt incurred.
``(6) Cohort of loans.--Subsection (f)(4) shall not apply
to loans made or guaranteed under this subsection.''.
(c) Report on Leveraging RRIF.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General 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 identifying potential revenue
sources, projects, and service improvements that could be achieved by
the amendments made by subsections (a) and (b).
(d) Conditions of Funding.--
(1) Grants.--Section 24405 of title 49, United States Code,
is amended--
(A) by striking ``15 days'' and inserting ``30
days'' in subsection (a)(4)(B); and
(B) by adding at the end the following:
``(12) Not later than 1 year after the date of enactment of the
Passenger Rail Reform and Investment Act of 2014, and annually
thereafter, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report listing any waiver issued under this section during the
preceding year.''.
(2) RRIF.--Section 502(h)(3) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is
amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the requirements of section 24405(a) of title 49,
United States Code.''.
SEC. 304. LARGE CAPITAL PROJECT REQUIREMENTS.
Section 24402 of title 49, United States Code, is amended by adding
at the end the following subsection:
``(m) Large Capital Project Requirements.--
``(1) In general.--For a grant awarded under this chapter
for an amount in excess of $1,000,000,000, the following
conditions shall apply:
``(A) The Secretary of Transportation shall not
obligate any funding unless the applicant demonstrates
to the satisfaction of the Secretary that it has
committed and will be able to fulfill the non-Federal
share required for the grant within the applicant's
proposed project completion timetable.
``(B) The Secretary shall not obligate any funding
for work activities that occur after the completion of
final design unless--
``(i) the applicant transmits to the
Secretary a financial plan that generally
identifies the sources of the non-Federal
funding required for any subsequent segments or
phases of the corridor service development
program covering the project for which the
grant is made;
``(ii) the grant will result in a useable
segment, a transportation facility, or
equipment, that has operational independence;
and
``(iii) the intercity passenger rail
benefits anticipated to result from the grant,
such as increased speed, improved on-time
performance, reduced trip time, increased
frequencies, new service, safety improvements,
improved accessibility, or other significant
enhancements are detailed by the grantee and
approved by the Secretary.
``(C) The Secretary shall ensure that the project
is maintained to the level of utility that is necessary
to support the benefits approved under subparagraph
(B)(iii) for a period of 20 years from the date the
useable segment, transportation facility, or equipment
described in subparagraph (B)(ii) is placed in service.
If the project property is not maintained as required
by this subparagraph for a period of time in excess of
12 months, then a pro-rata share of the Federal
contribution, based upon the percentage remaining of
the 20-year period that commenced when the project
property was placed in service, shall be refunded.
``(2) Early work.--The Secretary may allow a grantee
subject to this subsection to engage in at-risk work activities
subsequent to the conclusion of final design where the
Secretary determines that such work activities are reasonable
and necessary.''.
SEC. 305. SMALL BUSINESS PARTICIPATION STUDY.
(a) Study.--The Secretary of Transportation shall conduct a
nationwide disparity and availability study on the availability and use
of small business concerns owned and controlled by socially and
economically disadvantaged individuals in publically funded intercity
rail passenger transportation (as defined in section 24102 of title 49,
United States Code) projects administered by the Federal Railroad
Administration.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary 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 containing the results of the study conducted under subsection
(a).
(c) Definitions.--In this section:
(1) Small business concern.--
(A) In general.--The term ``small business
concern'' means a small business concern as the term is
used in section 3 of the Small Business Act (15 U.S.C.
632).
(B) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or individuals
that have average annual gross receipts during the
preceding 3 fiscal years in excess of $22,410,000, as
adjusted annually by the Secretary for inflation.
(2) Socially and economically disadvantaged individual.--
The term ``socially and economically disadvantaged individual''
has the meaning given the term in section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations issued pursuant to that Act, except that women
shall be presumed to be socially and economically disadvantaged
individuals for purposes of this section.
(d) Funding.--Of the total amount made available to the Office of
the Secretary of the Department of Transportation and the Federal
Railroad Administration, for each of fiscal years 2015 and 2016,
$3,000,000 shall be used to implement the requirements of this section.
SEC. 306. GULF COAST RAIL SERVICE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Federal Railroad Administration shall convene a
working group to evaluate the restoration of intercity rail passenger
service in the Gulf Coast region between New Orleans, Louisiana, and
Orlando, Florida.
(b) Membership.--The working group shall consist of representatives
of--
(1) Amtrak;
(2) the States along the proposed route or routes;
(3) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along the proposed route or routes, selected by the
Administrator of the Federal Railroad Administration;
(4) the Southern Rail Commission;
(5) freight railroad carriers whose tracks may be used for
such service; and
(6) other entities determined appropriate by the
Administrator.
(c) Responsibilities.--The working group shall--
(1) evaluate all options for restoring intercity rail
passenger service in the Gulf Coast region, including options
outlined in the report transmitted to Congress pursuant to
section 226 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432);
(2) select a preferred option for restoring such service;
(3) develop a prioritized inventory of capital projects and
other actions required to restore such service and cost
estimates for such projects or actions; and
(4) identify Federal and non-Federal funding sources
required to restore such service, including options for
entering into public-private partnerships to restore such
service.
(d) Report.--Not later than 9 months after the date of enactment of
this Act, the working group shall transmit to the Committee on
Transportation and Infrastructure in the House of Representatives and
the Committee on Commerce, Science, and Transportation in the Senate a
report that includes--
(1) the preferred option selected under subsection (c)(2)
and the reasons for selecting such option;
(2) the information described in subsection (c)(3);
(3) the funding sources identified under subsection (c)(4);
(4) the costs and benefits of restoring intercity rail
passenger transportation in the region; and
(5) any other information the working group determines
appropriate.
SEC. 307. MISCELLANEOUS.
(a) Title 49 Amendments.--Title 49, United States Code, is
amended--
(1) in section 22106(b), by striking ``interest thereof''
and inserting ``interest thereon'';
(2) in section 24101(b), by striking ``subsection (d)'' and
inserting ``subsection (c)''; and
(3) in section 24706--
(A) in subsection (a)(1), by striking ``a
discontinuance under section 24704 or or'';
(B) in subsection (a)(2), by striking ``section
24704 or''; and
(C) in subsection (b), by striking ``section 24704
or''.
(b) Table of Sections Amendment.--The item relating to section
24316 in the table of sections for chapter 243 of such title is amended
by striking ``Plan to assist'' and inserting ``Plans to address needs
of''.
(c) Passenger Rail Investment and Improvement Act Amendments.--
Section 305 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended--
(1) in subsection (a), by inserting after ``equipment
manufacturers,'' the following: ``nonprofit organizations
representing employees who perform overhaul and maintenance of
passenger railroad equipment,'';
(2) in subsection (c), by striking ``, and may establish a
corporation, which may be owned or jointly-owned by Amtrak,
participating States, or other entities, to perform these
functions''; and
(3) in subsection (e), by striking ``and establishing a
jointly-owned corporation to manage that equipment''.
TITLE IV--PROJECT DELIVERY
SEC. 401. PROJECT DELIVERY RULEMAKING.
(a) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall begin a rulemaking to govern the
Federal review, permitting, and approval or disapproval of--
(1) freight railroad and intercity rail passenger
transportation infrastructure projects, including those that
are carried out or planned to be carried out with the use of
Federal funds administered by the Department of Transportation
through a grant, contract, loan, or other financing instrument;
and
(2) commuter rail passenger transportation (as defined in
section 24102(3) of title 49, United States Code)
infrastructure projects that are funded in whole or in part
through a direct loan or loan guarantee under title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801 et seq.).
(b) Deadline.--The Secretary shall complete the rulemaking required
under subsection (a) not later than 2 years after the date of enactment
of this Act.
(c) Requirements and Considerations.--The rulemaking under
subsection (a) shall include procedures that--
(1) reduce the aggregate time for review and permitting of
infrastructure projects described under subsection (a) while
preserving existing statutory requirements for public comment
or assessing the impact of a proposed project;
(2) institutionalize or expand best practices or process
improvements that agencies are already implementing to improve
the efficiency of reviews;
(3) identify high-performance attributes of infrastructure
projects described under subsection (a) that demonstrate how
projects seek to advance existing statutory and policy
objectives, thereby facilitating a more efficient review and
permitting process;
(4) create a process to invite Federal agencies and State,
local, and tribal governments to participate in the review
process, expand coordination with such agencies and
governments, and require the identification as early as
practicable in the process of any--
(A) Federal agency or State, local, or tribal
government with jurisdiction over the project or
required by law to conduct or issue a review or make a
determination with regard to the project; and
(B) review, analysis, opinion, and permit, license,
or approval required for the project;
(5) create process efficiencies, including--
(A) designating Federal agencies and State, local,
and tribal governments as cooperating and participating
agencies;
(B) conducting concurrent and integrated reviews,
analyses, opinions, and permits, licenses, or approvals
to the maximum extent practicable;
(C) establishing timelines, in coordination with
affected Federal agencies, for completion of those
reviews, analyses, opinions, and permits, licenses, or
approvals;
(D) developing a coordination plan and schedule, in
coordination with affected Federal agencies, for
participation in the review by Federal agencies, State,
local, and tribal governments, and the public; and
(E) implementing a process to effectively identify
and resolve issues that may affect completion of
reviews in a timely manner;
(6) effectively engage the public and interested
stakeholders as early in the review process as possible;
(7) include opportunities to use existing share-in-cost
authorities and other nonappropriated funding sources to
support early coordination and project review;
(8) expand the use of information technology tools and
identify priority areas for information technology investment
to replace paperwork processes, enhance effective project
siting decisions, enhance interagency collaboration, and
improve the monitoring of project impacts and mitigation
commitments;
(9) ensure that documents developed under the procedures
are adopted and used by other Federal agencies, and State,
local, and tribal governments, to the maximum extent
practicable, to eliminate redundancy and duplicative reviews;
(10) include improvements to mitigation policies to provide
added predictability, facilitate landscape-scale mitigation
based on conservation plans and regional environmental
assessments, facilitate interagency mitigation plans where
appropriate, ensure accountability and long-term effectiveness
of mitigation activities, and utilize innovative mechanisms
where appropriate; and
(11) develop a process for periodically considering
expansion of categorical exclusions for infrastructure projects
described under subsection (a) that conform to those of other
modal administrations.
SEC. 402. HISTORIC PRESERVATION OF RAILROADS.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary, in consultation with appropriate
Federal agencies, including the Advisory Council on Historic
Preservation, the National Conference of State Historic Preservation
Officers, the National Association of Tribal Historic Preservation
Officers, and nongovernmental stakeholders representing the railroad
industry and historic preservation concerns, shall--
(1) administratively pursue program alternatives (as that
term is used in 36 C.F.R. 800.14) to promote a consistent
approach in the treatment of railroad and rail-related
properties for historic preservation review under section 106
of the National Historic Preservation Act (16 U.S.C. 470f); and
(2) develop mechanisms for streamlining compliance with the
requirements of section 303 of title 49, United States Code,
for railroad and rail-related properties.
(b) Considerations.--In carrying out subsection (a), the Secretary
shall--
(1) consider, among other options, the development of--
(A) programmatic agreements, program comments,
exempted categories of undertakings, and guidance for
historic reviews under section 106 of the National
Historic Preservation Act (as those terms are used in
36 C.F.R. 800.14); and
(B) programmatic evaluations, de minimis impact
determinations, and regulatory guidance for reviews
under section 303 of title 49, United States Code (as
those terms are used in 23 C.F.R. 774); and
(2) take into account, at a minimum--
(A) maintenance and repair of railroad and rail-
related property;
(B) repair and replacement of bridges, structures,
or facilities in a like-for-like manner, or when the
bridge, structure, or facility is not a contributing
element of a historic district;
(C) safety-related projects, including
installation, maintenance, and repair of positive train
control systems;
(D) management of railroad and rail-related
properties that include both historic and non-historic
components;
(E) integration of reviews under section 106 of the
National Historic Preservation Act, reviews under
section 303 of title 49, United States Code, and
environmental reviews; and
(F) consistency in treatment of railroads
nationwide for historic preservation purposes.
TITLE V--MISCELLANEOUS
SEC. 501. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Transportation.
SEC. 502. TITLE 49 DEFINITIONS.
(a) Title 49 Amendments.--Section 24102 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (7) through (11), respectively;
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) `long-distance route' means a route described in
subparagraph (C) of paragraph (7).
``(6) `National Network' includes long-distance routes and
State-supported routes.''; and
(3) by adding at the end the following new paragraphs:
``(12) `state-of-good-repair' means a condition in which
physical assets, both individually and as a system, are--
``(A) performing at a level at least equal to that
called for in their as-built or as-modified design
specification during any period when the life cycle
cost of maintaining the assets is lower than the cost
of replacing them; and
``(B) sustained through regular maintenance and
replacement programs.
``(13) `State-supported route' means a route described in
subparagraph (B) or (D) of paragraph (7), or in section 24702,
that is operated by Amtrak, excluding those trains operated by
Amtrak on the routes described in paragraph (7)(A).''.
(b) Conforming Amendments.--
(1) Title 49 amendment.--Section 24711 of title 49, United
States Code, is amended by striking ``24102(5)'' and inserting
``24102(7)''.
(2) Passenger rail investment and improvement act
amendment.--Section 217 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24702 note) is amended by
striking ``24102(5)(D)'' and inserting ``24102(7)(D)''.
Union Calendar No. 469
113th CONGRESS
2d Session
H. R. 5449
[Report No. 113-629]
_______________________________________________________________________
A BILL
To reauthorize Federal support for passenger rail programs, and for
other purposes.
_______________________________________________________________________
December 1, 2014
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed