(a)
(1) evaluate annually the financial and operating performance of each long-distance passenger rail route operated by Amtrak; and
(2) rank the overall performance of such routes for 2008 and identify each long-distance passenger rail route operated by Amtrak in 2008 according to its overall performance as belonging to the best performing third of such routes, the second best performing third of such routes, or the worst performing third of such routes.
(b)
(1) on-time performance;
(2) scheduling, frequency, routes, and stops;
(3) the feasibility of restructuring service into connected corridor service;
(4) performance-related equipment changes and capital improvements;
(5) on-board amenities and service, including food, first class, and sleeping car service;
(6) State or other non-Federal financial contributions;
(7) improving financial performance;
(8) anticipated Federal funding of operating and capital costs; and
(9) other aspects of Amtrak's long-distance passenger rail routes that affect the financial, competitive, and functional performance of service on Amtrak's long-distance passenger rail routes.
(c)
(1) beginning in fiscal year 2010 for those routes identified as being in the worst performing third under subsection (a)(2);
(2) beginning in fiscal year 2011 for those routes identified as being in the second best performing third under subsection (a)(2); and
(3) beginning in fiscal year 2012 for those routes identified as being in the best performing third under subsection (a)(2).
(d)
(1) shall notify Amtrak, the Inspector General of the Department of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate of its determination under this subsection;
(2) shall provide Amtrak with an opportunity for a hearing with respect to that determination; and
(3) may withhold appropriated funds otherwise available to Amtrak for the operation of a route or routes from among the worst performing third of routes currently served by Amtrak on which Amtrak is not making reasonable progress, other than funds made available for passenger safety or security measures.
(Added Pub. L. 110–432, div. B, title II, §210(a), Oct. 16, 2008, 122 Stat. 4918.)
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