[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Page S5886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2517. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to 
amend the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       On page 662, between lines 18 and 19, insert the following:

     SEC. 35215. PASSENGER TRAIN PERFORMANCE.

       (a) On-Time Performance Incentive Payments.--Section 207(c) 
     of the Passenger Rail Investment and Improvement Act (49 
     U.S.C. 24101 note; division B of Public Law 110-432) is 
     amended--
       (1) by striking ``To the extent practicable'' and inserting 
     the following:
       ``(2) In general.--To the extent practicable''; and
       (2) by adding at the end the following:
       ``(2) Quality of service payments.--Except as provided in 
     paragraph (1), Amtrak shall make a payment to a host railroad 
     for quality of service for an individual route only if host-
     responsible minutes of delay on that route on that host 
     railroad do not exceed 900 minutes per 10,000 Amtrak train-
     miles during a month, as calculated by Amtrak in accordance 
     with its delay reporting procedures.
       ``(3) Temporary higher delay limits.--Amtrak and a host 
     railroad may agree in advance in writing to a temporary 
     higher delay limit than that specified under paragraph (2) 
     for a specific route for a specific time period for a 
     specific purpose, such as scheduled major maintenance of way 
     work.''.
       (b) Investigation; Fines and Damages; Temporary 
     Injunctions.--Section 24308(f) is amended--
       (1) in paragraph (1)--
       (A) by striking ``2 consecutive calendar quarters'' each 
     place such phrase appears and inserting ``4 consecutive 
     calendar quarters''; and
       (B) by striking ``may initiate'' and inserting ``shall 
     initiate'';
       (2) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Problems caused by host rail carrier.--If the Board 
     determines that delays or failures to achieve minimum 
     standards investigated under paragraph (1) are attributable 
     to a rail carrier's failure to provide preference to Amtrak 
     over freight transportation in accordance with subsection 
     (c), the Board shall award damages and other relief against 
     the host rail carrier pursuant to paragraph (3).
       ``(3) Damages and relief.--In awarding damages and 
     prescribing other relief under this paragraph, the Board 
     shall--
       ``(A) award damages sufficient to make Amtrak whole for the 
     financial loss it suffers as a result of host rail carrier 
     delays or failure to achieve minimum standards; and
       ``(B) award additional relief in an amount sufficient to 
     deter future actions, which may reasonably be expected to be 
     likely to result in delays to Amtrak on the route involved, 
     but in no event less than $10,000 per day during which the 
     host rail failed to provide preference to Amtrak over freight 
     transportation in accordance with subsection (c).''; and
       (3) by adding at the end the following:
       ``(5) Judicial relief.--Upon the initiation of an 
     investigation under paragraph (1), the General Counsel of the 
     Board may petition an appropriate United States district 
     court for appropriate temporary relief or a restraining 
     order. Upon the receipt of any such petition, the court shall 
     notify the person against whom the relief is sought of such 
     petition and is authorized to grant to the Board such 
     temporary relief or restraining order as the court finds just 
     and proper while the Board conducts an investigation in 
     accordance with under paragraph (1).''.
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