Building on the Success of the Moving Forward Act (HR 2)

Building on the Success of the Moving Forward Act: Rail Passengers worked closely with members of the House Committee on Transportation and Infrastructure on the rail title of the Moving Forward Act, and we look forward to the reintroduction of those policies in the 117th Congress. H.R. 2 included key provisions and Amtrak reforms that should be carried over in the current reauthorization cycle, and we encourage all our advocates to familiarize themselves with the key provisions.

Sec. 9102. Passenger Rail Improvement, Modernization, and Expansion (PRIME) Grants

This new intercity passenger rail funding program authorizes grant funding of $19 billion over five years for state of good repair projects, service improvement projects, and rail expansion projects. High speed rail projects are eligible for the funds, and priority is given for projects that incorporate regional planning and/or have the support of multiple states and to projects that provide environmental benefits, such as greenhouse gas reduction and other air quality benefits. Within the grant program, 40% is reserved for NEC projects and 40% is reserved for projects outside the NEC, with a Federal cost-share of up to 90%.

Bill Text:

1 SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA

2 TION, AND EXPANSION GRANTS.

3 (a) IN GENERAL.—Section 22906 of title 49, United

4 States Code, is amended to read as follows:

5 ‘‘§ 22906. Passenger rail improvement, modernization,

6 and expansion grants

7 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor

8 tation shall establish a program to make grants for capital

9 projects that improve the state of good repair, operational

10 performance, or growth of intercity rail passenger trans

11 portation.

12 ‘‘(b) PROJECT SELECTION CRITERIA.—

13 ‘‘(1) IN GENERAL.—Capital projects eligible for

14 a grant under this section include—

15 ‘‘(A) a project to replace, rehabilitate, or

16 repair a major infrastructure asset used for

17 providing passenger rail service to bring such

18 infrastructure asset into a state of good repair;

19 ‘‘(B) a project to improve passenger rail

20 performance, including congestion mitigation,

21 reliability improvements, achievement of on

22 time performance standards established under

23 section 207 of the Rail Safety Improvement Act

24 of 2008 (49 U.S.C. 24101 note), reduced trip

25 times, increased train frequencies, higher oper-

1 ating speeds, electrification, and other improve

2 ments, as determined by the Secretary; and

3 ‘‘(C) a project to repair, rehabilitate, re

4 place, or build infrastructure to expand or es

5 tablish intercity rail passenger transportation

6 and facilities, including high-speed rail.

7 ‘‘(2) REQUIREMENTS.—To be eligible for a

8 grant under this section, an applicant shall have, or

9 provide documentation of a credible plan to

10 achieve—

11 ‘‘(A) the legal, financial, and technical ca

12 pacity to carry out the project;

13 ‘‘(B) satisfactory continuing control over

14 the use of the equipment or facilities that are

15 the subject of the project; and

16 ‘‘(C) an agreement in place for mainte

17 nance of such equipment or facilities.

18 ‘‘(3) PRIORITY.—In selecting an applicant for a

19 grant under this section, the Secretary shall give

20 preference to capital projects that—

21 ‘‘(A) are supported by multiple States or

22 are included in a regional planning process; or

23 ‘‘(B) achieve environmental benefits such

24 as a reduction in greenhouse gas emissions or

25 an improvement in local air quality.

1 ‘‘(4) ADDITIONAL CONSIDERATIONS.—In select

2 ing an applicant for a grant under this section, the

3 Secretary shall consider—

4 ‘‘(A) the cost-benefit analysis of the pro

5 posed project, including anticipated public bene

6 fits relative to the costs of the proposed project,

7 including—

8 ‘‘(i) effects on system and service per

9 formance;

10 ‘‘(ii) effects on safety, competitive

11 ness, reliability, trip or transit time, and

12 resilience;

13 ‘‘(iii) impacts on the overall transport

14 tation system, including efficiencies from

15 improved integration with other modes of

16 transportation or benefits associated with

17 achieving modal shifts; and

18 ‘‘(iv) the ability to meet existing or

19 anticipated passenger or service demand;

20 ‘‘(B) the applicant’s past performance in

21 developing and delivering similar projects;

22 ‘‘(C) if applicable, the consistency of the

23 project with planning guidance and documents

24 set forth by the Secretary or required by law;

25 and

1 ‘‘(D) if applicable, agreements between all

2 stakeholders necessary for the successful deliv

3 ery of the project.

4 ‘‘(c) NORTHEAST CORRIDOR PROJECTS.—Of the

5 funds made available to carry out this section, not less

6 than 40 percent shall be made available for projects in

7 cluded in the Northeast Corridor investment plan required

8 under section 24904.

9 ‘‘(d) NATIONAL PROJECTS.—Of the funds made

10 available to carry out this section, not less than 40 percent

11 shall be made available for—

12 ‘‘(1) projects on the National Network;

13 ‘‘(2) high-speed rail projects; and

14 ‘‘(3) the establishment of new passenger rail

15 corridors not located on the Northeast Corridor.

16 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.—

17 ‘‘(1) TOTAL PROJECT COST ESTIMATE.—The

18 Secretary shall estimate the total cost of a project

19 under this section based on the best available infor

20 mation, including engineering studies, studies of eco

21 nomic feasibility, environmental analyses, and infor

22 mation on the expected use of equipment or facili

23 ties.

1 ‘‘(2) FEDERAL SHARE.—The Federal share of

2 total costs for a project under this section shall not

3 exceed 90 percent.

4 ‘‘(3) TREATMENT OF REVENUE.—Applicants

5 may use ticket and other revenues generated from

6 operations and other sources to satisfy the non-Fed

7 eral share requirements.

8 ‘‘(f) LETTERS OF INTENT.—

9 ‘‘(1) IN GENERAL.—The Secretary shall, to the

10 maximum extent practicable, issue a letter of intent

11 to a recipient of a grant under this section that—

12 ‘‘(A) announces an intention to obligate,

13 for a major capital project under this section,

14 an amount that is not more than the amount

15 stipulated as the financial participation of the

16 Secretary in the project; and

17 ‘‘(B) states that the contingent commit

18 ment—

19 ‘‘(i) is not an obligation of the Fed

20 eral Government; and

21 ‘‘(ii) is subject to the availability of

22 appropriations for grants under this sec

23 tion and subject to Federal laws in force or

24 enacted after the date of the contingent

25 commitment.

1 ‘‘(2) CONGRESSIONAL NOTIFICATION.—

2 ‘‘(A) IN GENERAL.—Not later than 3 days

3 before issuing a letter of intent under para

4 graph (1), the Secretary shall submit written

5 notification to—

6 ‘‘(i) the Committee on Transportation

7 and Infrastructure of the House of Rep

8 resentatives;

9 ‘‘(ii) the Committee on Appropriations

10 of the House of Representatives;

11 ‘‘(iii) the Committee on Appropria

12 tions of the Senate; and

13 ‘‘(iv) the Committee on Commerce,

14 Science, and Transportation of the Senate.

15 ‘‘(B) CONTENTS.—The notification sub

16 mitted under subparagraph (A) shall include—

17 ‘‘(i) a copy of the letter of intent;

18 ‘‘(ii) the criteria used under sub

19 section (b) for selecting the project for a

20 grant; and

21 ‘‘(iii) a description of how the project

22 meets such criteria.

23 ‘‘(g) APPROPRIATIONS REQUIRED.—An obligation or

24 administrative commitment may be made under this sec

1 tion only when amounts are appropriated for such pur

2 pose.

3 ‘‘(h) GRANT ADMINISTRATION.—The Secretary may

4 withhold up to 1 percent of the total amount made avail

5 able to carry out this section for program oversight and

6 management, including providing technical assistance and

7 project planning guidance.

8 ‘‘(i) REGIONAL PLANNING GUIDANCE.—The Sec

9 retary may withhold up to half a percent of the total

10 amount made available to carry out this section to facili

11 tate and provide guidance for regional planning processes.

12 ‘‘(j) AVAILABILITY.—Amounts made available to

13 carry out this section shall remain available until ex

14 pended.

15 ‘‘(k) GRANT CONDITIONS.—Except as specifically

16 provided in this section, the use of any amounts appro

17 priated for grants under this section shall be subject to

18 the grant conditions under section 22905, except that the

19 domestic buying preferences of section 24305(f) shall

20 apply to grants provided to Amtrak in lieu of the require

21 ments of section 22905(a).

22 ‘‘(l) DEFINITIONS.—In this section:

23 ‘‘(1) APPLICANT.—The term ‘applicant’

24 means—

25 ‘‘(A) a State;

1 ‘‘(B) a group of States;

2 ‘‘(C) an Interstate Compact;

3 ‘‘(D) a public agency or publicly chartered

4 authority established by 1 or more States;

5 ‘‘(E) a political subdivision of a State; or

6 ‘‘(F) Amtrak, acting on its own behalf or

7 under a cooperative agreement with 1 or more

8 States.

9 ‘‘(2) CAPITAL PROJECT.—The term ‘capital

10 project’ means—

11 ‘‘(A) acquisition, construction, replace

12 ment, rehabilitation, or repair of major infra

13 structure assets or equipment that benefit

14 intercity rail passenger transportation, include

15 ing tunnels, bridges, stations, track, electrifica

16 tion, grade crossings, passenger rolling stock,

17 and other assets, as determined by the Sec

18 retary;

19 ‘‘(B) projects that ensure service can be

20 maintained while existing assets are rehabili

21 tated or replaced; and

22 ‘‘(C) project planning, development, de

23 sign, and environmental analysis related to

24 projects under subsections (A) and (B).

1 ‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR

2 TATION.—The term ‘intercity rail passenger trans

3 portation’ has the meaning given such term in sec

4 tion 24102.

5 ‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed

6 rail’ has the meaning given such term in section

7 26106(b).

8 ‘‘(5) NORTHEAST CORRIDOR.—The term

9 ‘Northeast Corridor’ has the meaning given such

10 term in section 24102.

11 ‘‘(6) NATIONAL NETWORK.—The term ‘Na

12 tional Network’ has the meaning given such term in

13 section 24102.

14 ‘‘(7) STATE.—The term ‘State’ means each of

15 the 50 States and the District of Columbia.’’.

16 (b) CLERICAL AMENDMENT.—The item related to

17 section 22906 in the analysis for chapter 229 of title 49,

18 United States Code, is amended to read as follows:

‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’.

Sec. 9201. Amtrak Findings, Mission, and Goals

Amtrak’s findings, mission, and goals have been revised to reflect Congressional priorities for Amtrak. Amtrak must provide reliable national intercity passenger rail service now and, in the future, reflect the needs of all passengers, and support the U.S. workforce.

Bill Text:

7 SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.

8 Section 24101 of title 49, United States Code, is

9 amended—

10 (1) in subsection (a)—

11 (A) in paragraph (1)—

12 (i) by striking ‘‘, to the extent its

13 budget allows,’’; and

14 (ii) by striking ‘‘between crowded

15 urban areas and in other areas of’’ and in

16 serting ‘‘throughout’’;

17 (B) in paragraph (2) by striking the period

18 and inserting ‘‘, thereby providing additional

19 capacity for the traveling public and widespread

20 air quality benefits.’’;

21 (C) in paragraph (4)—

22 (i) by striking ‘‘greater’’ and inserting

23 ‘‘high’’; and

24 (ii) by striking ‘‘to Amtrak to achieve

25 a performance level sufficient to justify ex

1 pending public money’’ and inserting ‘‘in

2 order to meet the intercity passenger rail

3 needs of the United States’’;

4 (D) in paragraph (5)—

5 (i) by inserting ‘‘intercity and’’ after

6 ‘‘efficient’’; and

7 (ii) by striking ‘‘the energy conserva

8 tion and self-sufficiency’’ and inserting

9 ‘‘addressing climate change, energy con

10 servation, and self-sufficiency’’;

11 (E) in paragraph (6) by striking ‘‘through

12 its subsidiary, Amtrak Commuter,’’; and

13 (F) by adding at the end the following:

14 ‘‘(9) Long-distance intercity passenger rail is

15 an important part of the national transportation sys

16 tem.

17 ‘‘(10) Investments in intercity and commuter

18 rail passenger transportation support jobs that pro

19 vide a pathway to the middle class.’’;

20 (2) in subsection (b) by striking ‘‘The’’ and all

21 that follows through ‘‘consistent’’ and inserting

22 ‘‘The mission of Amtrak is to provide a safe, effi

23 cient, and high-quality national intercity passenger

24 rail system that is trip-time competitive with other

25 intercity travel options, consistent’’;

1 (3) in subsection (c)—

2 (A) by striking paragraph (1) and insert

3 ing the following:

4 ‘‘(1) use its best business judgment in acting to

5 maximize the benefits of public funding;’’;

6 (B) in paragraph (2)—

7 (i) by striking ‘‘minimize Government

8 subsidies by encouraging’’ and inserting

9 ‘‘work with’’; and

10 (ii) by striking the semicolon and in

11 serting ‘‘and improvements to service;’’;

12 (C) by striking paragraph (3) and insert

13 ing the following:

14 ‘‘(3) manage the passenger rail network in the

15 interest of public transportation needs, including

16 current and future Amtrak passengers;’’;

17 (D) in paragraph (7) by striking ‘‘encour

18 age’’ and inserting ‘‘work with’’;

19 (E) in paragraph (11) by striking ‘‘and’’

20 the last place it appears; and

21 (F) by striking paragraph (12) and insert

22 ing the following:

23 ‘‘(12) utilize and manage resources with a long

24 term perspective, including sound investments that

1 take into account the overall lifecycle costs of an

2 asset;

3 ‘‘(13) ensure that service is accessible and ac

4 commodating to passengers with disabilities; and

5 ‘‘(14) maximize the benefits Amtrak generates

6 for the United States by creating quality jobs and

7 supporting the domestic workforce.’’; and

8 (4) by striking subsection (d).

Sec. 9202. Amtrak Status

Clarifies that Amtrak serves the public interest in providing reliable passenger rail service.

Bill Text:

9 SEC. 9202. AMTRAK STATUS.

10 Section 24301(a) of title 49, United States Code, is

11 amended—

12 (1) in paragraph (1) by striking ‘‘20102(2)’’

13 and inserting ‘‘20102’’; and

14 (2) in paragraph (2) by inserting ‘‘serving the

15 public interest in reliable passenger rail service’’

16 after ‘‘for-profit corporation’’.

Sec. 9203. Amtrak Board of Directors

Effective 60 days after enactment, realigns the makeup of Amtrak’s board of directors to better reflect the interests of passengers and Amtrak-served states. The board must represent the interests of areas served by Amtrak, Amtrak’s passengers and employees, in addition to the Amtrak president and DOT. Also clarifies that the board members provide advice and oversight of Amtrak operations, with consideration for the travelling public’s safety and interests, and the long-term viability of national passenger rail service.

Bill Text:

17 SEC. 9203. BOARD OF DIRECTORS.

18 (a) IN GENERAL.—Section 24302 of title 49, United

19 States Code, is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (1)—

22 (i) by striking subparagraph (C) and

23 inserting the following:

24 ‘‘(C) 8 individuals appointed by the Presi

25 dent of the United States, by and with the ad

1 vice and consent of the Senate, with a record of

2 support for national passenger rail service, gen

3 eral business and financial experience, and

4 transportation qualifications or expertise. Of

5 the individuals appointed—

6 ‘‘(i) 1 shall be a Mayor or Governor of

7 a location served by a regularly scheduled

8 Amtrak service on the Northeast Corridor;

9 ‘‘(ii) 1 shall be a Mayor or Governor

10 of a location served by a regularly sched

11 uled Amtrak service that is not on the

12 Northeast Corridor;

13 ‘‘(iii) 1 shall be a labor representative

14 of Amtrak employees; and

15 ‘‘(iv) 2 shall be individuals with a his

16 tory of regular Amtrak ridership and an

17 understanding of the concerns of rail pas

18 sengers.’’;

19 (B) in paragraph (2) by inserting ‘‘users of

20 Amtrak, including the elderly and individuals

21 with disabilities, and’’ after ‘‘and balanced rep

22 resentation of’’;

23 (C) in paragraph (3) by adding at the end

24 the following: ‘‘A member of the Board ap

25 pointed under clause (i) or (ii) of paragraph

1 (1)(C) shall serve for a term of 5 years or until

2 such member leaves the elected office such

3 member occupied at the time such member was

4 appointed, whichever is first.’’; and

5 (D) by striking paragraph (5) and insert6 ing the following:

7 ‘‘(5) The Secretary and any Governor of a

8 State may be represented at a Board meeting by a

9 designee.’’;

10 (2) in subsection (b)—

11 (A) by striking ‘‘PAY AND EXPENSES’’ and

12 inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and

13 (B) by inserting ‘‘Each director must con

14 sider the well-being of current and future Am

15 trak passengers, and the public interest in sus

16 tainable national passenger rail service.’’ before

17 ‘‘Each director not employed by the United

18 States Government or Amtrak’’; and

19 (3) by adding at the end the following:

20 ‘‘(g) GOVERNOR DEFINED.—In this section, the term

21 ‘Governor’ means the Governor of a State or the Mayor

22 of the District of Columbia and includes the designee of

23 the Governor.’’.

24 (b) TIMING OF NEW BOARD REQUIREMENTS.—Be

25 ginning on the date that is 60 days after the date of enact

1 ment of this Act, the appointment and membership re

2 quirements under section 24302 of title 49, United States

3 Code, shall apply to each member of the Board under such

4 section and the term of each current Board member shall

5 end. A member serving on such Board as of the date of

6 enactment of this Act may be reappointed on or after such

7 date subject to the advice and consent of the Senate if

8 such member meets the requirements of such section.

Sec. 9204. Amtrak Preference Enforcement

Amtrak’s preferential access to freight-owned corridors dates to Amtrak’s early years and is key to the future success of intercity passenger rail transportation. This provision provides a means for Amtrak to enforce its statutory right of preference directly in Federal court without intermediaries.

Bill Text:

9 SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.

10 (a) IN GENERAL.—Section 24308(c) of title 49,

11 United States Code, is amended by adding at the end the

12 following: ‘‘Notwithstanding section 24103(a) and section

13 24308(f), Amtrak shall have the right to bring an action

14 for equitable or other relief in the United States District

15 Court for the District of Columbia to enforce the pref

16 erence rights granted under this subsection.’’.

17 (b) CONFORMING AMENDMENT.—Section 24103 of

18 title 49, United States Code, is amended by inserting ‘‘and

19 section 24308(c)’’ before ‘‘, only the Attorney General’’.

Sec. 9205. Use of Facilities and Providing Services to Amtrak

Revises the Surface Transportation Board provisions that govern when Amtrak seeks to operate additional trains over rail lines owned by another carrier by establishing a process for the Board to determine whether the additional trains unreasonably impair freight transportation and initiate a proceeding to evaluate what additional investments are required.

Bill Text:

20 SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES

21 TO AMTRAK.

22 Section 24308(e) of title 49, United States Code, is

23 amended—

24 (1) by striking paragraph (1) and inserting the

25 following:

1 ‘‘(1)(A) When a rail carrier does not agree to

2 allow Amtrak to operate additional trains over any

3 rail line of the carrier on which Amtrak is operating

4 or seeks to operate, Amtrak may submit an applica5 tion to the Board for an order requiring the carrier

6 to allow for the operation of the requested trains.

7 Within 90 days of receipt of such application, the

8 Board shall determine whether the additional trains

9 would unreasonably impair freight transportation

10 and—

11 ‘‘(i) for a determination that such trains

12 do not unreasonably impair freight transport

13 tation, order the rail carrier to allow for the op14 eration of such trains on a schedule established

15 by the Board; or

16 ‘‘(ii) for a determination that such trains

17 do unreasonably impair freight transportation,

18 initiate a proceeding to determine any addi

19 tional infrastructure investments required by,

20 or on behalf of, Amtrak.

21 ‘‘(B) If Amtrak seeks to resume operation of a

22 train that Amtrak operated during the 5-year period

23 preceding an application described in subparagraph

24 (A), the Board shall apply a presumption that the

25 resumed operation of such train will not unreason

1 ably impair freight transportation unless the Board

2 finds that there are substantially changed cir3 cumstances.’’;

4 (2) in paragraph (2)—

5 (A) by striking ‘‘The Board shall consider’’

6 and inserting ‘‘The Board shall’’;

7 (B) by striking subparagraph (A) and in

8 serting the following:

9 ‘‘(A) in making the determination under para

10 graph (1), take into account any infrastructure in

11 vestments proposed in Amtrak’s application, with

12 the rail carrier having the burden of demonstrating

13 that the additional trains will unreasonably impair

14 the freight transportation; and’’; and

15 (C) in subparagraph (B) by inserting ‘‘con

16 sider investments described in subparagraph

17 (A) and’’ after ‘‘times,’’; and

18 (3) by adding at the end the following:

19 ‘‘(4) In a proceeding initiated by the Board

20 under paragraph (1)(B), the Board shall solicit the

21 views of the parties and require the parties to pro

22 vide any necessary data or information. Not later

23 than 180 days after the date on which the Board

24 makes a determination under paragraph (1)(B), the

25 Board shall issue an order requiring the rail carrier

1 to allow for the operation of the requested trains

2 conditioned upon additional infrastructure or other

3 investments needed to mitigate the unreasonable in

4 terference. In determining the necessary level of ad

5 ditional infrastructure or other investments, the

6 Board shall use any criteria, assumptions, and proc

7 esses it considers appropriate.

8 ‘‘(5) The provisions of this subsection shall be

9 in addition to any other statutory or contractual

10 remedies Amtrak may have to obtain the right to op

11 erate the additional trains.’’.

Sec. 9211. Amtrak Food and Beverage

Requires that any individual onboard a train who prepares onboard food and beverage service is an Amtrak employee. The section also establishes a working group charged with developing recommendations, and issuing a report within one year, on how to improve onboard food and beverage services. Amtrak is prohibited from making changes to its food and beverage service until 30 days after issuing a response to the working group recommendations. The provision also requires Amtrak to ensure that all long-distance passengers traveling overnight have access to hot meals, not just sleeping car passengers, and it removes statutory language limiting Amtrak’s ability to provide food and beverage service due to costs.

Bill Text:

SEC. 9211. AMTRAK FOOD AND BEVERAGE.

4 (a) AMTRAK FOOD AND BEVERAGE.—Section 24321

5 of title 49, United States Code, is amended to read as

6 follows:

7 ‘‘§ 24321. Amtrak food and beverage

8 ‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE

9 SERVICES.—On all long-distance routes, Amtrak shall en

10 sure that all passengers who travel overnight on such

11 route shall have access to purchasing the food and bev

12 erages that are provided to sleeping car passengers on

13 such route.

14 ‘‘(b) FOOD AND BEVERAGE WORKFORCE.—

15 ‘‘(1) WORKFORCE REQUIREMENT.—Amtrak

16 shall ensure that any individual onboard a train who

17 prepares food and beverages is an Amtrak employee.

18 ‘‘(2) SAVINGS CLAUSE.—No Amtrak employee

19 holding a position as of the date of enactment of the

20 TRAIN Act may be involuntarily separated because

21 of any action taken by Amtrak to implement this

22 section, including any employees who are furloughed

23 as a result of the COVID–19 pandemic.

24 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no

25 Amtrak employee holding a position as of the date of en

actment of the Passenger Rail Reform and Investment Act

2 of 2015 is involuntarily separated because of the develop

3 ment and implementation of the plan required by the

4 amendments made by section 11207 of such Act.’’.

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

6 (1) ANALYSIS.—The item related to section

7 24321 in the analysis for chapter 243 of title 49,

8 United States Code, is amended to read as follows:

‘‘24321. Amtrak food and beverage.’’.

9 (2) AMTRAK AUTHORITY.—Section 24305(c)(4)

10 of title 49, United States Code, is amended by strik

11 ing ‘‘only if revenues from the services each year at

12 least equal the cost of providing the services’’.

13 (3) CONTRACTING OUT.—Section 121(c) of the

14 Amtrak Reform and Accountability Act of 1997 (49

15 U.S.C. 24312 note; 111 Stat. 2574) is amended by

16 striking ‘‘, other than work related to food and bev

17 erage service,’’.

18 (c) AMTRAK FOOD AND BEVERAGE WORKING

19 GROUP.—

20 (1) ESTABLISHMENT.—Not later than 90 days

21 after the date of enactment of this Act, Amtrak shall

22 establish a working group (in this subsection re

23 ferred to as the ‘‘Working Group’’) to provide rec

24 ommendations on Amtrak onboard food and bev

25 erage services.

(2) MEMBERSHIP.—The Working Group shall

2 consist of individuals representing—

3 (A) Amtrak;

4 (B) the labor organizations representing

5 Amtrak employees who prepare or provide on

6 board food and beverage services; and

7 (C) nonprofit organizations representing

8 Amtrak passengers.

9 (3) RECOMMENDATIONS.—

10 (A) IN GENERAL.—The Working Group

11 shall develop recommendations to increase rid

12 ership and improve customer satisfaction by—

13 (i) promoting collaboration and en

14 gagement between Amtrak, Amtrak pas

15 sengers, and Amtrak employees preparing

16 or providing onboard food and beverage

17 services, prior to Amtrak implementing

18 changes to onboard food and beverage

19 services;

20 (ii) improving onboard food and bev

21 erage services; and

22 (iii) improving solicitation, reception,

23 and consideration of passenger feedback

24 regarding onboard food and beverage serv

25 ices.

1 (B) CONSIDERATIONS.—In developing the

2 recommendations under subparagraph (A), the

3 Working Group shall consider—

4 (i) the healthfulness of onboard food

5 and beverages offered, including the ability

6 of passengers to address dietary restric

7 tions;

8 (ii) the preparation and delivery of on

9 board food and beverages;

10 (iii) the differing needs of passengers

11 traveling on long-distance routes, State

12 supported routes, and the Northeast Cor

13 ridor;

14 (iv) the reinstatement of the dining

15 car service on long-distance routes;

16 (v) Amtrak passenger survey data

17 about the food and beverages offered on

18 Amtrak trains; and

19 (vi) any other issue the Working

20 Group determines appropriate.

21 (4) REPORTS.—

22 (A) INITIAL REPORT.—Not later than 1

23 year after the date on which the Working

24 Group is established, the Working Group shall

25 submit to the Board of Directors of Amtrak,

1 the Committee on Transportation and Infra

2 structure of the House of Representatives, and

3 the Committee on Commerce, Science, and

4 Transportation of the Senate a report con

5 taining the recommendations developed under

6 paragraph (3).

7 (B) SUBSEQUENT REPORT.—Not later

8 than 30 days after the date on which the Work

9 ing Group submits the report required under

10 subparagraph (A), Amtrak shall submit to the

11 Committee on Transportation and Infrastruc

12 ture of the House of Representatives and the

13 Committee on Commerce, Science, and Trans

14 portation of the Senate a report on whether

15 Amtrak agrees with the recommendations of the

16 Working Group and describing any plans to im

17 plement such recommendations.

18 (5) PROHIBITION ON FOOD AND BEVERAGE

19 SERVICE CHANGES.—During the period beginning on

20 the date of enactment of this Act and ending 30

21 days after the date on which Amtrak submits the re

22 port required under paragraph (4)(B), Amtrak may

23 not make large-scale, structural changes to existing

24 onboard food and beverage services, except that Am

25 trak shall reverse any changes to onboard food and

1 beverage service made in response to the COVID–19

2 pandemic as Amtrak service is restored.

3 (6) TERMINATION.—The Working Group shall

4 terminate on the date on which Amtrak submits the

5 report required under paragraph (4)(B), except that

6 Amtrak may extend such date by up to 1 year if

7 Amtrak determines that the Working Group is bene

8 ficial to Amtrak in making decisions related to on

9 board food and beverage services. If Amtrak extends

10 such date, Amtrak shall include notification of the

11 extension in the report required under paragraph

12 (4)(B).

13 (7) NONAPPLICABILITY OF FEDERAL ADVISORY

14 COMMITTEE ACT.—The Federal Advisory Committee

15 Act (5 U.S.C. App) does not apply to the Working

16 Group established under this section.

17 (8) LONG-DISTANCE ROUTE; NORTHEAST COR

18 RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.—

19 In this subsection, the terms ‘‘long-distance route’’,

20 ‘‘Northeast Corridor’’, and ‘‘State-supported route’’

21 have the meaning given those terms in section

22 24102 of title 49, United States Code.

Sec. 9213. Amtrak Staffing

Prevents Amtrak from contracting out work performed at Amtrak call centers. The section also requires an Amtrak ticket agent to staff each station with recent workforce cuts or where there was more than an average of 40 Amtrak passengers boarding or deboarding a long-distance train per day in the previous fiscal year.

Bill Text:

1 SEC. 9213. AMTRAK STAFFING.

2 Section 24312 of title 49, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(c) CALL CENTER STAFFING.—

5 ‘‘(1) OUTSOURCING.—Amtrak may not renew

6 or enter into a contract to outsource call center cus

7 tomer service work on behalf of Amtrak, including

8 through a business process outsourcing group.

9 ‘‘(2) TRAINING.—Amtrak shall make available

10 appropriate training programs to any Amtrak call

11 center employee carrying out customer service activi

12 ties using telephone or internet platforms.

13 ‘‘(d) STATION AGENT STAFFING.—

14 ‘‘(1) IN GENERAL.—Beginning on the date that

15 is 1 year after the date of enactment of the TRAIN

16 Act, Amtrak shall ensure that at least 1 Amtrak

17 ticket agent is employed at each station building

18 where at least 1 Amtrak ticket agent was employed

19 on or after October 1, 2017.

20 ‘‘(2) LOCATIONS.—Notwithstanding section (1),

21 beginning on the date that is 1 year after the date

22 of enactment of the TRAIN Act, Amtrak shall en

23 sure that at least 1 Amtrak ticket agent is employed

24 at each station building—

1 ‘‘(A) that Amtrak owns, or operates service

2 through, as part of a passenger service route;

3 and

4 ‘‘(B) for which the number of passengers

5 boarding or deboarding an Amtrak long-dis

6 tance train in the previous fiscal year exceeds

7 the average of at least 40 passengers per day

8 over all days in which the station was serviced

9 by Amtrak, regardless of the number of Amtrak

10 vehicles servicing the station per day. For fiscal

11 year 2021, ridership from fiscal year 2019 shall

12 be used to determine qualifying stations.

13 ‘‘(3) EXCEPTION.—This subsection does not

14 apply to any station building in which a commuter

15 rail ticket agent has the authority to sell Amtrak

16 tickets.

17 ‘‘(4) AMTRAK TICKET AGENT.—For purposes of

18 this section, the term ‘Amtrak ticket agent’ means

19 an Amtrak employee with authority to sell Amtrak

20 tickets onsite and assist in the checking of Amtrak

21 passenger baggage.’’.