S.Amdt. 2517

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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