12 2 STA T .49 19 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 200 8‘ ‘ (b)PERFO R MANC E I M P RO V EMEN T P L AN .—Amtraksh a l l dev el op a n d post on i ts w ebsite a per f orman c e improvement plan for its lon g- distance passenger rail ro u tes to achieve financial and oper- ating improvements based on the data collected through the applica- tion of the financial and performance metrics developed under sec- tion 207 of that Act. T he plan shall address— ‘‘( 1 ) on-time performance
‘‘(2) scheduling , fre q uenc y , 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 ) S tate or other non- F ederal 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) IMPLEMENTAT I ON.—Amtrak shall implement the perform- ance improvement plan developed under subsection (b)— ‘‘(1) beginning in fiscal year 2010 for those routes identified as being in the worst performing third under subsection (a)(2); ‘‘(2) beginning in fiscal year 2011 for those routes identified as being in the second best performing third under subsection (a)(2); and ‘‘(3) beginning in fiscal year 2012 for those routes identified as being in the best performing third under subsection (a)(2). ‘‘(d) E NFORCEMENT.—The Federal R ailroad Administration shall monitor the development, implementation, and outcome of improve- ment plans under this section. If the Federal Railroad Administra- tion determines that Amtrak is not making reasonable progress in implementing its performance improvement plan or, after the performance improvement plan is implemented under subsection (c)(1) in accordance with the terms of that plan, Amtrak has not achieved the outcomes it has established for such routes, under the plan for any calendar year, the Federal Railroad Administra- tion— ‘‘(1) shall notify Amtrak, the Inspector G eneral of the D epartment of Transportation, the C ommittee on Transpor- tation and Infrastructure of the H ouse 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.’’. Notif i ca tio n.Webs ite.
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