-CITE- 49 USC CHAPTER 247 - AMTRAK ROUTE SYSTEM 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- CHAPTER 247 - AMTRAK ROUTE SYSTEM -MISC1- Sec. 24701. National rail passenger transportation system. 24702. Transportation requested by States, authorities, and other persons (!1) [24703 to 24705. Repealed.] 24706. Discontinuance. [24707, 24708. Repealed.] 24709. International transportation. 24710. Long distance routes.(!2) 24711. Alternate passenger rail service pilot program. AMENDMENTS 2008 - Pub. L. 110-432, div. B, title II, Secs. 201(b)(2), 210(b), 214(c), Oct. 16, 2008, 122 Stat. 4910, 4920, 4929, added items 24702, 24710, and 24711. 1997 - Pub. L. 105-134, title I, Secs. 101(a)(2), (b), (d), (e), 103-105(a), Dec. 2, 1997, 111 Stat. 2572, 2573, substituted "National rail passenger transportation system" for "Operation of basic system" in item 24701 and struck out item 24702 "Improving rail passenger transportation", item 24703 "Route and service criteria", item 24704 "Transportation requested by States, authorities, and other persons", item 24705 "Additional qualifying routes", item 24707 "Cost and performance review", and item 24708 "Special commuter transportation". -FOOTNOTE- (!1) So in original. Probably should be followed by a period. (!2) So in original. Does not conform to section catchline. -End- -CITE- 49 USC Sec. 24701 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Sec. 24701. National rail passenger transportation system -STATUTE- Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 923; Pub. L. 105-134, title I, Sec. 101(a)(1), Dec. 2, 1997, 111 Stat. 2572.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 24701(a) 45:561(b). Oct. 30, 1970, Pub. L. 91-518, Sec. 401(b), 84 Stat. 1335. 24701(b) 45:561(c). Oct. 30, 1970, Pub. L. 91-518, Sec. 401(c), 84 Stat. 1335; Nov. 3, 1973, Pub. L. 93-146, Sec. 9, 87 Stat. 551. -------------------------------------------------------------------- In subsection (a), before clause (1), the text of 45:561(b) (1st sentence words after 3d comma) is omitted as obsolete because no regional transportation authority provided intercity rail passenger transportation after May 1, 1971. The words "On May 1, 1971" and "begin" are omitted as executed. The words "between points" and "either" are omitted as surplus. In clause (2), the words "under contract with Amtrak" are substituted for 45:561(b) (last sentence) for clarity and to eliminate unnecessary words. The words "at any time subsequent to May 1, 1971" are omitted as executed. In subsection (b), the words "concerning auto-ferry service . . . railroad or any other" are omitted as surplus. AMENDMENTS 1997 - Pub. L. 105-134 substituted section catchline for former catchline which read "Operation of basic system" and amended text generally. Prior to amendment, text read as follows: "(a) By Amtrak. - Amtrak shall provide intercity rail passenger transportation within the basic system unless the transportation is provided by - "(1) a rail carrier with which Amtrak did not make a contract under section 401(a) of the Rail Passenger Service Act; or "(2) a regional transportation authority under contract with Amtrak. "(b) By Others With Consent of Amtrak. - Except as provided in section 24306 of this title, a person may provide intercity rail passenger transportation over a route over which Amtrak provides scheduled intercity rail passenger transportation under a contract under section 401(a) of the Act only with the consent of Amtrak." -End- -CITE- 49 USC Sec. 24702 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Sec. 24702. Transportation requested by States, authorities, and other persons -STATUTE- (a) Contracts for Transportation. - Amtrak may enter into a contract with a State, a regional or local authority, or another person for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree. (b) Discontinuance. - Upon termination of a contract entered into under this section, or the cessation of financial support under such a contract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law. -SOURCE- (Added Pub. L. 110-432, div. B, title II, Sec. 201(b)(1), Oct. 16, 2008, 122 Stat. 4910.) -MISC1- PRIOR PROVISIONS A prior section 24702, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 923; Pub. L. 104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat. 3393, related to carrying out plan to improve intercity rail passenger service prior to repeal by Pub. L. 105-134, title I, Sec. 101(b), Dec. 2, 1997, 111 Stat. 2572. ACCESS TO AMTRAK EQUIPMENT AND SERVICES Pub. L. 110-432, div. B, title II, Sec. 217, Oct. 16, 2008, 122 Stat. 4930, provided that: "If a State desires to select or selects an entity other than Amtrak to provide services required for the operation of an intercity passenger train route described in section 24102(5)(D) or 24702 of title 49, United States Code, the State may make an agreement with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak to enable the State to utilize an entity other than Amtrak to provide services required for operation of the route. If the parties cannot agree upon terms, and the Surface Transportation Board finds that access to Amtrak's facilities or equipment, or the provision of services by Amtrak, is necessary to carry out this provision and that the operation of Amtrak's other services will not be impaired thereby, the Surface Transportation Board shall, within 120 days after submission of the dispute, issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services. Compensation shall be determined, as appropriate, in accordance with the methodology established pursuant to section 209 of this division [49 U.S.C. 24101 note], if available." -End- -CITE- 49 USC Secs. 24703 to 24705 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Secs. 24703 to 24705. Repealed. -MISC1- [Secs. 24703 to 24705. Repealed. Pub. L. 105-134, title I, Secs. 103-105(a), Dec. 2, 1997, 111 Stat. 2572, 2573]. Section 24703, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 924, provided route and service criteria for modifying or discontinuing routes. Section 24704, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 925, related to application by States, regional or local authorities, or other persons requesting Amtrak to provide passenger rail service and criteria for decision. Section 24705, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 926; Pub. L. 104-88, title III, Sec. 308(i), Dec. 29, 1995, 109 Stat. 947, related to providing service on routes recommended to be discontinued, criteria for deferring Secretary's recommendation, and providing short haul demonstration routes. -End- -CITE- 49 USC Sec. 24706 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Sec. 24706. Discontinuance -STATUTE- (a) Notice of Discontinuance. - (1) Except as provided in subsection (b) of this section, at least 180 days before a discontinuance under section 24704 (!1) or or (!2) discontinuing service over a route, Amtrak shall give notice of the discontinuance in the way Amtrak decides will give a State, a regional or local authority, or another person the opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued. (2) Notice of the discontinuance under section 24704 (!1) or paragraph (1) shall be posted in all stations served by the train to be discontinued at least 14 days before the discontinuance. (b) Discontinuance for Lack of Appropriations. - (1) Amtrak may discontinue service under section 24704 (!1) or subsection (a)(1) during - (A) the first month of a fiscal year if the authorization of appropriations and the appropriations for Amtrak are not enacted at least 90 days before the beginning of the fiscal year; and (B) the 30 days following enactment of an appropriation for Amtrak or a rescission of an appropriation. (2) Amtrak shall notify each affected State or regional or local transportation authority of a discontinuance under this subsection as soon as possible after Amtrak decides to discontinue the service. (c) Applicability. - This section applies to all service over routes provided by Amtrak, notwithstanding any provision of section 24701 of this title or any other provision of this title except section 24702(b). -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 927; Pub. L. 105-134, title I, Secs. 101(c), 142(a), Dec. 2, 1997, 111 Stat. 2572, 2576; Pub. L. 110-432, div. B, title II, Sec. 201(d), Oct. 16, 2008, 122 Stat. 4910.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 24706(a)(1) 45:564(c)(4)(F)(ii). Oct. 30, 1970, Pub. L. 91-518, 84 Stat. 1327, Sec. 404(c)(4)(F); added Sept. 29, 1979, Pub. L. 96-73, Sec. 117, 93 Stat. 545; restated Aug. 13, 1981, Pub. L. 97-35, Sec. 1183(b), 95 Stat. 696. 24706(a)(2) 45:564(c)(4)(F)(i). 24706(b) 45:564(c)(4)(F)( iii). 24706(c)(1) 45:565(a) (2d Oct. 30, 1970, Pub. L. sentence). 91-518, Sec. 405(a) (1st, 2d sentences), 84 Stat. 1337; restated June 22, 1972, Pub. L. 92-316, Sec. 7(a), 86 Stat. 230. 45:565(a) (last Oct. 30, 1970, Pub. L. sentence). 91-518, 84 Stat. 1327, Sec. 405(a) (last sentence); added Apr. 7, 1986, Pub. L. 99-272, Sec. 4016, 100 Stat. 110. 24706(c)(2) 45:565(a) (1st sentence). 45:565(b) (1st Oct. 30, 1970, Pub. L. sentence). 91-518, Sec. 405(b) (1st-3d sentences), 84 Stat. 1337. 45:565(c) (1st Oct. 30, 1970, Pub. L. sentence words 91-518, Sec. 405(c), 84 before 2d comma). Stat. 1337; restated June 22, 1972, Pub. L. 92-316, Sec. 7(c), 86 Stat. 230. 24706(c)(3) 45:565(b) (2d sentence). 24706(c)(4) 45:565(b) (3d sentence). 24706(c)(5) 45:565(c) (1st sentence words after 2d comma, last sentence). 24706(c)(6) 45:565(g). Oct. 30, 1970, Pub. L. 91-518, 84 Stat. 1327, Sec. 405(g); added Aug. 13, 1981, Pub. L. 97-35, Sec. 1188(d), 95 Stat. 699. -------------------------------------------------------------------- In subsection (a)(1), the words "Except as provided in subsection (b) of this section" are added for clarity. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), before clause (A), the words "Notwithstanding the provisions of clause (ii)" are omitted as surplus. In clauses (A) and (B), the words "the benefit of" are omitted as surplus. In clause (A), the words "for such fiscal year" are omitted as surplus. In subsection (c)(1), before clause (A), the words "Amtrak or" are substituted for 45:565(c) (1st sentence words before 2d comma) to eliminate unnecessary words because operations in the basic system have begun. The words "whether occurring before, on, or after January 1, 1975" and "without being limited to, such provisions as may be necessary for" are omitted as surplus. In clause (A), the words "to such employees" are omitted as surplus. In subsection (c)(3), the words "section 11347 of this title" are substituted for and coextensive with "section 5(2)(f) of the Interstate Commerce Act" in section 405(b) of the Rail Passenger Service Act (Public Law 91-518, 84 Stat. 1337) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95-473, 92 Stat. 1466). In subsection (c)(5), the words "be construed to" are omitted as surplus. The text of 45:565(c) (last sentence) is omitted as executed. -REFTEXT- REFERENCES IN TEXT Section 24704 of this title, referred to in text, was repealed by Pub. L. 105-134, title I, Sec. 105(a), Dec. 2, 1997, 111 Stat. 2573. -MISC2- AMENDMENTS 2008 - Subsec. (c). Pub. L. 110-432 added subsec. (c). 1997 - Subsec. (a)(1). Pub. L. 105-134, Sec. 101(c)(1)-(3), substituted "180 days" for "90 days" and "or discontinuing service over a route," for "24707(a) or (b) of this title," and inserted "or assume" after "agree to share". Subsec. (a)(2). Pub. L. 105-134, Sec. 101(c)(4), which directed substitution of "paragraph (1)" for "section 24707(a) or (b) of this title", was executed by making the substitution for "24707(a) or (b) of this title" to reflect the probable intent of Congress. Subsec. (b)(1). Pub. L. 105-134, Sec. 101(c)(5), which directed substitution of "subsection (a)(1)" for "section 24707(a) or (b) of this title", was executed by making the substitution for "24707(a) or (b) of this title" to reflect the probable intent of Congress. Subsec. (c). Pub. L. 105-134, Sec. 142(a), struck out subsec. (c) which related to employee protective arrangements. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 142(a) of Pub. L. 105-134 effective 180 days after Dec. 2, 1997, see section 142(c) of Pub. L. 105-134, set out in an Employee Protection Reforms note below. DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111-314, set out as a note under section 101 of this title. EMPLOYEE PROTECTION REFORMS Pub. L. 105-134, title I, Secs. 141, 142, Dec. 2, 1997, 111 Stat. 2575, 2576, provided that: "SEC. 141. RAILWAY LABOR ACT PROCEDURES. "(a) Notices. - Notwithstanding any arrangement in effect before the date of the enactment of this Act [Dec. 2, 1997], notices under section 6 of the Railway Labor Act (45 U.S.C. 156) with respect to all issues relating to employee protective arrangements and severance benefits which are applicable to employees of Amtrak, including all provisions of Appendix C-2 to the National Railroad Passenger Corporation Agreement, signed July 5, 1973, shall be deemed served and effective on the date which is 45 days after the date of the enactment of this Act. Amtrak, and each affected labor organization representing Amtrak employees, shall promptly supply specific information and proposals with respect to each such notice. "(b) National Mediation Board Efforts. - Except as provided in subsection (c), the National Mediation Board shall complete all efforts, with respect to the dispute described in subsection (a), under section 5 of the Railway Labor Act (45 U.S.C. 155) not later than 120 days after the date of the enactment of this Act [Dec. 2, 1997]. "(c) Railway Labor Act Arbitration. - The parties to the dispute described in subsection (a) may agree to submit the dispute to arbitration under section 7 of the Railway Labor Act (45 U.S.C. 157), and any award resulting therefrom shall be retroactive to the date which is 120 days after the date of the enactment of this Act [Dec. 2, 1997]. "(d) Dispute Resolution. - (1) With respect to the dispute described in subsection (a) which - "(A) is unresolved as of the date which is 120 days after the date of the enactment of this Act [Dec. 2, 1997]; and "(B) is not submitted to arbitration as described in subsection (c), Amtrak shall, and the labor organization parties to such dispute shall, within 127 days after the date of the enactment of this Act, each select an individual from the entire roster of arbitrators maintained by the National Mediation Board. Within 134 days after the date of the enactment of this Act, the individuals selected under the preceding sentence shall jointly select an individual from such roster to make recommendations with respect to such dispute under this subsection. If the National Mediation Board is not informed of the selection under the preceding sentence 134 days after the date of enactment of this Act, the Board shall immediately select such individual. "(2) No individual shall be selected under paragraph (1) who is pecuniarily or otherwise interested in any organization of employees or any railroad. "(3) The compensation of individuals selected under paragraph (1) shall be fixed by the National Mediation Board. The second paragraph of section 10 of the Railway Labor Act [45 U.S.C. 160] shall apply to the expenses of such individuals as if such individuals were members of a board created under such section 10. "(4) If the parties to a dispute described in subsection (a) fail to reach agreement within 150 days after the date of the enactment of this Act, the individual selected under paragraph (1) with respect to such dispute shall make recommendations to the parties proposing contract terms to resolve the dispute. "(5) If the parties to a dispute described in subsection (a) fail to reach agreement, no change shall be made by either of the parties in the conditions out of which the dispute arose for 30 days after recommendations are made under paragraph (4). "(6) Section 10 of the Railway Labor Act (45 U.S.C. 160) shall not apply to a dispute described in subsection (a). "(e) No Precedent for Freight. - Nothing in this Act [see Short Title of 1997 Amendment note set out under section 20101 of this title], or in any amendment made by this Act, shall affect the level of protection provided to freight railroad employees and mass transportation employees as it existed on the day before the date of enactment of this Act [Dec. 2, 1997]. "SEC. 142. SERVICE DISCONTINUANCE. "(a) Repeal. - Section 24706(c) is repealed. "(b) Existing Contracts. - Any provision of a contract entered into before the date of the enactment of this Act [Dec. 2, 1997] between Amtrak and a labor organization representing Amtrak employees relating to employee protective arrangements and severance benefits applicable to employees of Amtrak is extinguished, including all provisions of Appendix C-2 to the National Railroad Passenger Corporation Agreement, signed July 5, 1973. "(c) Special Effective Date. - Subsections (a) [amending this section] and (b) of this section shall take effect 180 days after the date of the enactment of this Act [Dec. 2, 1997]. "(d) Nonapplication of Bankruptcy Law Provision. - Section 1172(c) of title 11, United States Code, shall not apply to Amtrak and its employees." -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. -End- -CITE- 49 USC Secs. 24707, 24708 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Secs. 24707, 24708. Repealed. -MISC1- [Secs. 24707, 24708. Repealed. Pub. L. 105-134, title I, Sec. 101(d), (e), Dec. 2, 1997, 111 Stat. 2572]. Section 24707, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 928, required annual route, financial, and performance reviews. Section 24708, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 929, related to continuing, modifying, or discontinuing passenger transportation routes. -End- -CITE- 49 USC Sec. 24709 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Sec. 24709. International transportation -STATUTE- Amtrak may develop and operate international intercity rail passenger transportation between the United States and Canada and between the United States and Mexico. The Secretary of the Treasury and the Attorney General, in cooperation with Amtrak, shall maintain, consistent with the effective enforcement of the immigration and customs laws, en route customs inspection and immigration procedures for international intercity rail passenger transportation that will - (1) be convenient for passengers; and (2) result in the quickest possible international intercity rail passenger transportation. -SOURCE- (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 929.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 24709 45:545(e)(7) (less Oct. 30, 1970, Pub. L. words between 91-518, 84 Stat. 1327, Sec. parentheses). 305(e)(7) (less words between parentheses); added Nov. 3, 1973, Pub. L. 93-146, Sec. 6, 87 Stat. 551. 45:545(i). Oct. 30, 1970, Pub. L. 91-518, 84 Stat. 1327, Sec. 305(i); added Oct. 28, 1974, Pub. L. 93-496, Sec. 4, 88 Stat. 1527; restated May 26, 1975, Pub. L. 94-25, Sec. 3, 89 Stat. 90; Sept. 29, 1979, Pub. L. 96-73, Sec. 106, 93 Stat. 539; Aug. 13, 1981, Pub. L. 97-35, Sec. 1176, 95 Stat. 692; Apr. 7, 1986, Pub. L. 99-272, Sec. 13031(h)(1), 100 Stat. 310. -------------------------------------------------------------------- In this section, before clause (1), the words "points within", "points in", and "including Montreal, Canada; Vancouver, Canada; and Nuevo Laredo, Mexico" in 45:545(e)(7) are omitted as surplus. The words "establish and" in 45:545(i) (1st sentence) are omitted as executed. The words "trains operated in" are omitted as surplus. CROSS-BORDER PASSENGER RAIL SERVICE Pub. L. 110-432, div. B, title IV, Sec. 406, Oct. 16, 2008, 122 Stat. 4958, provided that: "(a) Plan. - Not later than 1 year after the date of the enactment of this Act [Oct. 16, 2008], Amtrak shall, in consultation with the Secretary [of Transportation], the Secretary of Homeland Security, the Washington State Department of Transportation, and the owners of the relevant railroad infrastructure - "(1) develop a strategic plan to facilitate expanded passenger rail service across the international border between the United States and Canada during the 2010 Olympic Games on the Amtrak passenger rail route between Vancouver, British Columbia, Canada, and Eugene, Oregon (commonly known as 'Amtrak Cascades'); "(2) develop recommendations for the Department of Homeland Security to process efficiently rail passengers traveling on Amtrak Cascades across such international border during the 2010 Olympic Games; and "(3) submit to Congress a report containing the strategic plan described in paragraph (1) and the recommendations described in paragraph (2). "(b) Travel Facilitation. - Using existing authority or agreements, or upon reaching additional agreements with Canada, the Secretary [of Transportation] and other Federal agencies, as appropriate, are authorized to establish facilities and procedures to conduct preclearance of passengers traveling on Amtrak trains from Canada to the United States. The Secretary shall seek to establish such facilities and procedures - "(1) in Vancouver, Canada, no later than June 1, 2009; and "(2) in other areas as determined appropriate by the Secretary." -End- -CITE- 49 USC Sec. 24710 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Sec. 24710. Long-distance routes -STATUTE- (a) Annual Evaluation. - Using the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008, Amtrak shall - (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) Performance Improvement Plan. - Amtrak shall develop and post on its website a performance improvement plan for its long-distance passenger rail routes to achieve financial and operating improvements based on the data collected through the application of the financial and performance metrics developed under section 207 of that Act. The plan shall address - (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) Implementation. - Amtrak shall implement the performance 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) Enforcement. - The Federal Railroad Administration shall monitor the development, implementation, and outcome of improvement plans under this section. If the Federal Railroad Administration 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 Administration - (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. -SOURCE- (Added Pub. L. 110-432, div. B, title II, Sec. 210(a), Oct. 16, 2008, 122 Stat. 4918.) -REFTEXT- REFERENCES IN TEXT Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a) and (b), is section 207 of Pub. L. 110-432, which is set out in a note under section 24101 of this title. -End- -CITE- 49 USC Sec. 24711 01/03/2012 (112-90) -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 247 - AMTRAK ROUTE SYSTEM -HEAD- Sec. 24711. Alternate passenger rail service pilot program -STATUTE- (a) In General. - Within 1 year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Federal Railroad Administration shall complete a rulemaking proceeding to develop a pilot program that - (1) permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates a passenger rail service route described in subparagraph (B), (C), or (D) of section 24102(5) or in section 24702 to petition the Administration to be considered as a passenger rail service provider over that route in lieu of Amtrak for a period not to exceed 5 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; (2) requires the Administration to notify Amtrak within 30 days after receiving a petition under paragraph (1) and establish a deadline by which both the petitioner and Amtrak would be required to submit a bid to provide passenger rail service over the route to which the petition relates; (3) requires that each bid describe how the bidder would operate the route, what Amtrak passenger equipment would be needed, if any, what sources of non-Federal funding the bidder would use, including any State subsidy, among other things; (4) requires the Administration to select winning bidders by evaluating the bids against the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and to give preference in awarding contracts to bidders seeking to operate routes that have been identified as one of the five worst performing Amtrak routes under section 24710; (5) requires the Administration to execute a contract within a specified, limited time after the deadline established under paragraph (2) and award to the winning bidder - (A) the right and obligation to provide passenger rail service over that route subject to such performance standards as the Administration may require, consistent with the standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008; and (B) an operating subsidy - (i) for the first year at a level not in excess of the level in effect during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; (ii) for any subsequent years at such level, adjusted for inflation; and (6) requires that each bid contain a staffing plan describing the number of employees needed to operate the service, the job assignments and requirements, and the terms of work for prospective and current employees of the bidder for the service outlined in the bid, and such staffing plan be made available by the winning bidder to the public after the bid award. (b) Route Limitations. - The Administration may not make the program available with respect to more than 2 Amtrak intercity passenger rail routes. (c) Performance Standards; Access to Facilities; Employees. - If the Administration awards the right and obligation to provide passenger rail service over a route under the program to a rail carrier or rail carriers - (1) it shall execute a contract with the rail carrier or rail carriers for rail passenger operations on that route that conditions the operating and subsidy rights upon - (A) the service provider continuing to provide passenger rail service on the route that is no less frequent, nor over a shorter distance, than Amtrak provided on that route before the award; and (B) the service provider's compliance with the minimum standards established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and such additional performance standards as the Administration may establish; (2) it shall, if the award is made to a rail carrier other than Amtrak, require Amtrak to provide access to its reservation system, stations, and facilities directly related to operations to any rail carrier or rail carriers awarded a contract under this section, in accordance with section 217 of that Act, necessary to carry out the purposes of this section; (3) the employees of any person used by a rail carrier or rail carriers (as defined in section 10102(5) of this title) in the operation of a route under this section shall be considered an employee of that carrier or carriers and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak, including provisions under section 121 of the Amtrak Reform and Accountability Act of 1997 relating to employees that provide food and beverage service; and (4) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder and shall be subject to the grant conditions under section 24405 of this title. (d) Cessation of Service. - If a rail carrier or rail carriers awarded a route under this section cease to operate the service or fail to fulfill their obligations under the contract required under subsection (c), the Administrator, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including the installment of an interim service provider and re-bidding the contract to operate the service. The entity providing service shall either be Amtrak or a rail carrier defined in subsection (a)(1). (e) Adequate Resources. - Before taking any action allowed under this section, the Secretary shall certify that the Administrator has sufficient resources that are adequate to undertake the program established under this section. -SOURCE- (Added Pub. L. 110-432, div. B, title II, Sec. 214(a), Oct. 16, 2008, 122 Stat. 4927.) -REFTEXT- REFERENCES IN TEXT The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. B of Pub. L. 110-432, which was approved Oct. 16, 2008. Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a)(4), (5)(A), and (c)(1)(B), is section 207 of Pub. L. 110-432, which is set out in a note under section 24101 of this title. Section 217 of that Act, referred to in subsec. (c)(2), is section 217 of Pub. L. 110-432, which is set out as a note under section 24702 of this title. Section 121 of the Amtrak Reform and Accountability Act of 1997, referred to in subsec. (c)(3), is section 121 of Pub. L. 105-134, which amended section 24312 of this title and enacted provisions set out as a note under section 24312 of this title. -MISC1- DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111-314, set out as a note under section 101 of this title. EMPLOYEE TRANSITION ASSISTANCE Pub. L. 110-432, div. B, title II, Sec. 215, Oct. 16, 2008, 122 Stat. 4929, provided that: "(a) Provision of Financial Incentives. - For Amtrak employees who are adversely affected by the cessation of the operation of a long-distance route or any other route under section 24711 of title 49, United States Code, previously operated by Amtrak, the Secretary [of Transportation] shall develop a program under which the Secretary may, at the Secretary's discretion, provide grants for financial incentives to be provided to Amtrak employees who voluntarily terminate their employment with Amtrak and relinquish any legal rights to receive termination-related payments under any contractual agreement with Amtrak. "(b) Conditions for Financial Incentives. - As a condition for receiving financial assistance grants under this section, Amtrak must certify that - "(1) a reasonable attempt was made to reassign an employee adversely affected under section 24711 of title 49, United States Code, or by the elimination of any route, to other positions within Amtrak in accordance with any contractual agreements; "(2) the financial assistance results in a net reduction in the total number of employees equal to the number receiving financial incentives; "(3) the financial assistance results in a net reduction in total employment expense equivalent to the total employment expenses associated with the employees receiving financial incentives; and "(4) the total number of employees eligible for termination- related payments will not be increased without the express written consent of the Secretary. "(c) Amount of Financial Incentives. - The financial incentives authorized under this section may be no greater than $100,000 per employee. "(d) Authorization of Appropriations. - There are hereby authorized to be appropriated to the Secretary such sums as may be necessary to make grants to Amtrak to provide financial incentives under subsection (a). "(e) Termination-Related Payments. - If Amtrak employees adversely affected by the cessation of Amtrak service resulting from the awarding of a grant to an operator other than Amtrak for the operation of a route under section 24711 of title 49, United States Code, or any other route, previously operated by Amtrak do not receive financial incentives under subsection (a), then the Secretary shall make grants to Amtrak from funds authorized by section 101 of this division [122 Stat. 4908] for termination- related payments to employees under existing contractual agreements." -End-