[USC02] 49 USC Ch. 243: AMTRAK
Result 1 of 1
   
 
49 USC Ch. 243: AMTRAK
From Title 49—TRANSPORTATIONSUBTITLE V—RAIL PROGRAMSPART C—PASSENGER TRANSPORTATION

CHAPTER 243—AMTRAK

Sec.
24301.
Status and applicable laws.
24302.
Board of directors.
24303.
Officers.
24304.
Employee stock ownership plans.
24305.
General authority.
24306.
Mail, express, and auto-ferry transportation.
24307.
Special transportation.
24308.
Use of facilities and providing services to Amtrak.
24309.
Retaining and maintaining facilities.
24310.
Management accountability.
24311.
Acquiring interests in property by eminent domain.
24312.
Labor standards.
24313.
Rail safety system program.
[24314.
Repealed.]
24315.
Reports and audits.
24316.
Plans to address the needs of families of passengers involved in rail passenger accidents.1

        

24317.
Accounts.
24318.
Costs and revenues.
24319.
Grant process.
24320.
Amtrak 5-year business line and asset plans.
24321.
Food and beverage reform.
24322.
Rolling stock purchases.

        

Amendments

2015Pub. L. 114–94, div. A, title XI, §§11201(b), 11202(b), 11203(c), 11207(b), 11208(b), 11316(m), Dec. 4, 2015, 129 Stat. 1627, 1630, 1634, 1639, 1640, 1678, substituted "Plans to address the needs of families of passengers involved in rail passenger accidents" for "Plan to assist families of passengers involved in rail passenger accidents" in item 24316 and added items 24317 to 24322.

2008Pub. L. 110–432, div. A, title V, §502(b), div. B, title II, §221(b), Oct. 16, 2008, 122 Stat. 4899, 4932, added items 24310 and 24316.

1997Pub. L. 105–134, title IV, §§403, 404, 415(a)(2), Dec. 2, 1997, 111 Stat. 2585, 2586, 2590, substituted "Employee stock ownership plans" for "Capitalization" in item 24304 and struck out item 24310 "Assistance for upgrading facilities" and item 24314 "Demonstration of new technology".

1 So in original. Does not conform to section catchline.

§24301. Status and applicable laws

(a) Status.—Amtrak—

(1) is a railroad carrier under section 20102(2) 1 and chapters 261 and 281 of this title;

(2) shall be operated and managed as a for-profit corporation; and

(3) is not a department, agency, or instrumentality of the United States Government, and shall not be subject to title 31.


(b) Principal Office and Place of Business.—The principal office and place of business of Amtrak are in the District of Columbia. Amtrak is qualified to do business in each State in which Amtrak carries out an activity authorized under this part. Amtrak shall accept service of process by certified mail addressed to the secretary of Amtrak at its principal office and place of business. Amtrak is a citizen only of the District of Columbia when deciding original jurisdiction of the district courts of the United States in a civil action.

(c) Application of Subtitle IV.—Subtitle IV of this title shall not apply to Amtrak, except for sections 11123, 11301, 11322(a), 11502, and 11706. Notwithstanding the preceding sentence, Amtrak shall continue to be considered an employer under the Railroad Retirement Act of 1974, the Railroad Unemployment Insurance Act, and the Railroad Retirement Tax Act.

(d) Application of Safety and Employee Relations Laws and Regulations.—Laws and regulations governing safety, employee representation for collective bargaining purposes, the handling of disputes between carriers and employees, employee retirement, annuity, and unemployment systems, and other dealings with employees that apply to a rail carrier subject to part A of subtitle IV of this title apply to Amtrak.

(e) Application of Certain Additional Laws.—Section 552 of title 5, this part, and, to the extent consistent with this part, the District of Columbia Business Corporation Act (D.C. Code §29–301 et seq.) apply to Amtrak. Section 552 of title 5, United States Code, applies to Amtrak for any fiscal year in which Amtrak receives a Federal subsidy.

(f) Tax Exemption for Certain Commuter Authorities.—A commuter authority that was eligible to make a contract with Amtrak Commuter to provide commuter rail passenger transportation but which decided to provide its own rail passenger transportation beginning January 1, 1983, is exempt, effective October 1, 1981, from paying a tax or fee to the same extent Amtrak is exempt.

(g) Nonapplication of Rate, Route, and Service Laws.—A State or other law related to rates, routes, or service does not apply to Amtrak in connection with rail passenger transportation.

(h) Nonapplication of Pay Period Laws.—A State or local law related to pay periods or days for payment of employees does not apply to Amtrak. Except when otherwise provided under a collective bargaining agreement, an employee of Amtrak shall be paid at least as frequently as the employee was paid on October 1, 1979.

(i) Preemption Related to Employee Work Requirements.—A State may not adopt or continue in force a law, rule, regulation, order, or standard requiring Amtrak to employ a specified number of individuals to perform a particular task, function, or operation.

(j) Nonapplication of Laws on Joint Use or Operation of Facilities and Equipment.—Prohibitions of law applicable to an agreement for the joint use or operation of facilities and equipment necessary to provide quick and efficient rail passenger transportation do not apply to a person making an agreement with Amtrak to the extent necessary to allow the person to make and carry out obligations under the agreement.

(k) Exemption From Additional Taxes.—(1) In this subsection—

(A) "additional tax" means a tax or fee—

(i) on the acquisition, improvement, ownership, or operation of personal property by Amtrak; and

(ii) on real property, except a tax or fee on the acquisition of real property or on the value of real property not attributable to improvements made, or the operation of those improvements, by Amtrak.


(B) "Amtrak" includes a rail carrier subsidiary of Amtrak and a lessor or lessee of Amtrak or one of its rail carrier subsidiaries.


(2) Amtrak is not required to pay an additional tax because of an expenditure to acquire or improve real property, equipment, a facility, or right-of-way material or structures used in providing rail passenger transportation, even if that use is indirect.

(l) Exemption From Taxes Levied After September 30, 1981.—(1) In general.—Amtrak, a rail carrier subsidiary of Amtrak, and any passenger or other customer of Amtrak or such subsidiary, are exempt from a tax, fee, head charge, or other charge, imposed or levied by a State, political subdivision, or local taxing authority on Amtrak, a rail carrier subsidiary of Amtrak, or on persons traveling in intercity rail passenger transportation or on mail or express transportation provided by Amtrak or such a subsidiary, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived therefrom after September 30, 1981. In the case of a tax or fee that Amtrak was required to pay as of September 10, 1982, Amtrak is not exempt from such tax or fee if it was assessed before April 1, 1997.

(2) The district courts of the United States have original jurisdiction over a civil action Amtrak brings to enforce this subsection and may grant equitable or declaratory relief requested by Amtrak.

(m) Waste Disposal.—(1) An intercity rail passenger car manufactured after October 14, 1990, shall be built to provide for the discharge of human waste only at a servicing facility. Amtrak shall retrofit each of its intercity rail passenger cars that was manufactured after May 1, 1971, and before October 15, 1990, with a human waste disposal system that provides for the discharge of human waste only at a servicing facility. Subject to appropriations—

(A) the retrofit program shall be completed not later than October 15, 2001; and

(B) a car that does not provide for the discharge of human waste only at a servicing facility shall be removed from service after that date.


(2) Section 361 of the Public Health Service Act (42 U.S.C. 264) and other laws of the United States, States, and local governments do not apply to waste disposal from rail carrier vehicles operated in intercity rail passenger transportation. The district courts of the United States have original jurisdiction over a civil action Amtrak brings to enforce this paragraph and may grant equitable or declaratory relief requested by Amtrak.

(n) Rail Transportation Treated Equally.—When authorizing transportation in the continental United States for an officer, employee, or member of the uniformed services of a department, agency, or instrumentality of the Government, the head of that department, agency, or instrumentality shall consider rail transportation (including transportation by extra-fare trains) the same as transportation by another authorized mode. The Administrator of General Services shall include Amtrak in the contract air program of the Administrator in markets in which transportation provided by Amtrak is competitive with other carriers on fares and total trip times.

(o) Applicability of District of Columbia Law.—Any lease or contract entered into between Amtrak and the State of Maryland, or any department or agency of the State of Maryland, after the date of the enactment of this subsection shall be governed by the laws of the District of Columbia.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 904; Pub. L. 104–88, title III, §308(g), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–134, title I, §§106(b), 110(a), title II, §208, title IV, §§401, 402, 415(d)(1), Dec. 2, 1997, 111 Stat. 2573, 2574, 2584, 2585, 2590; Pub. L. 108–199, div. F, title I, §150(2), Jan. 23, 2004, 118 Stat. 303; Pub. L. 110–53, title XV, §1527, Aug. 3, 2007, 121 Stat. 452.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24301(a) 45:541 (1st sentence). Oct. 30, 1970, Pub. L. 91–518, §301 (1st, 4th, last sentences), 84 Stat. 1330.
  45:541 (2d sentence words before 1st comma). Oct. 30, 1970, Pub. L. 91–518, §301 (2d sentence words before 1st comma), 84 Stat. 1330; Oct. 5, 1978, Pub. L. 95–421, §11, 92 Stat. 928.
  45:541 (3d sentence). Oct. 30, 1970, Pub. L. 91–518, §301 (3d sentence), 84 Stat. 1330; June 22, 1988, Pub. L. 100–342, §18(a), 102 Stat. 636.
  45:541 (last sentence).
  45:546(a) (words after "The Corporation" and before "and shall be subject to"). Oct. 30, 1970, Pub. L. 91–518, §306(a), 84 Stat. 1332; June 22, 1972, Pub. L. 92–316, §3(a), 86 Stat. 228; Sept. 29, 1979, Pub. L. 96–73, §112(a), 93 Stat. 541; Apr. 7, 1986, Pub. L. 99–272, §4015, 100 Stat. 110.
24301(b) 45:546(m). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(m); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541; Apr. 7, 1986, Pub. L. 99–272, §4013, 100 Stat. 109.
24301(c)(1), (2)(A) 45:546(a) (less words after "The Corporation" and before "and shall be subject to").
24301(c) (2)(B) 45:546a. Oct. 5, 1978, Pub. L. 95–421, §7, 92 Stat. 927.
24301(d) 45:546(b). Oct. 30, 1970, Pub. L. 91–518, §§305(a) (last sentence), 306(b)–(e), 84 Stat. 1332, 1333.
24301(e) 45:541 (4th sentence).
  45:545(a) (last sentence).
  45:545(e)(8). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(8); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551.
  45:546(g). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(g); added June 22, 1972, Pub. L. 92–316, §3(b), 86 Stat. 228.
24301(f) 45:546(d).
24301(g) 45:546(c).
24301(h) 45:546(l). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(l); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541.
24301(i) 45:797j (words ", the National Railroad Passenger Corporation,"). Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985, §711 (words ", the National Railroad Passenger Corporation,"); added Aug. 13, 1981, Pub. L. 97–35, §1143(a), 95 Stat. 667.
24301(j) 45:546(e).
24301(k) 45:546(n). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(n); added Aug. 13, 1981, Pub. L. 97–35, §1178, 95 Stat. 692; restated Oct. 27, 1992, Pub. L. 102–533, §6, 106 Stat. 3517.
24301(l) 45:546b. Sept. 10, 1982, Pub. L. 97–257, §107 (par. under heading "Grants to the National Railroad Passenger Corporation"), 96 Stat. 852.
24301(m) 45:546(i). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(i); added Feb. 5, 1976, Pub. L. 94–210, §706(e), 90 Stat. 124; Oct. 19, 1976, Pub. L. 94–555, §105, 90 Stat. 2615; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Nov. 16, 1990, Pub. L. 101–610, §601(a), 104 Stat. 3185.
24301(n) 45:546(f). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(f); added June 22, 1972, Pub. L. 92–316, §3(b), 86 Stat. 228; Apr. 7, 1986, Pub. L. 99–272, §4004, 100 Stat. 107.

In subsection (a), before clause (1), the text of 45:541 (1st sentence) is omitted as executed. The text of 45:541 (last sentence) is omitted as surplus. In clause (1), the words "rail carrier" are substituted for "common carrier by railroad" because of 49:10102. In clause (3), the words "department, agency, or instrumentality" are substituted for "agency, instrumentality, authority, or entity, or establishment" for consistency in the revised title and with other titles of the United States Code. The word "instrumentality" includes entities, authorities, establishments, and any other organizational unit of the United States Government that is not a department or agency.

In subsection (b), the words "In connection with the performance of such activities" and "to which the Corporation is a party" are omitted as surplus.

In subsection (c)(1)(B), the words "whether by trackage rights or otherwise" are omitted as surplus.

In subsection (c)(2)(B), the words "adversely affected" are substituted for "aggrieved" for consistency in the revised title and with other titles of the Code.

In subsection (d), the word "same" is omitted as surplus.

In subsection (e), the text of 45:545(a) (last sentence) and (e)(8) is omitted as surplus.

In subsection (f), the words "the place" are omitted as surplus.

In subsection (h), the word "applicable" is omitted as surplus.

In subsection (j), the words "existing", "including the antitrust laws of the United States", and "contracts . . . leases" are omitted as surplus.

In subsection (k)(2), the words "of funds" are omitted as surplus.

In subsection (l)(1), the words "Notwithstanding any other provision of law", "other", "including such taxes and fees levied after September 30, 1982", and "notwithstanding any provision of law" are omitted as surplus. The text of 45:546b (2d sentence) is omitted as executed.

In subsection (l)(2), the words "Notwithstanding the provision of section 1341 of title 28" are omitted as surplus.

In subsection (m)(1), before clause (A), the word "New" is omitted as surplus.

In subsection (m)(2), the word "vehicles" is substituted for "conveyances" for clarity.

In subsection (n), the words "uniformed services" are substituted for "Armed Forces or commissioned services" for consistency in the revised title and with other titles of the Code.

References in Text

Section 20102(2), referred to in subsec. (a)(1), was redesignated section 20102(3) by Pub. L. 110–432, div. A, §2(b)(1), Oct. 16, 2008, 122 Stat. 4850.

The Railroad Retirement Act of 1974, referred to in subsec. (c), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec. (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.

The Railroad Retirement Tax Act, referred to in subsec. (c), is act Aug. 16, 1954, ch. 736, §§3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, as amended, which is classified generally to chapter 22 (§3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3233 of Title 26 and Tables.

The District of Columbia Business Corporation Act, referred to in subsec. (e), is act June 8, 1954, ch. 269, 68 Stat. 179, as amended, which is not classified to the Code.

The date of the enactment of this subsection, referred to in subsec. (o), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.

Amendments

2007—Subsec. (o). Pub. L. 110–53 added subsec. (o).

2004—Subsec. (c). Pub. L. 108–199 inserted "11123," after "except for sections".

1997—Subsec. (a)(1). Pub. L. 105–134, §401(1), substituted "railroad carrier under section 20102(2) and chapters 261 and 281" for "rail carrier under section 10102".

Subsec. (a)(3). Pub. L. 105–134, §415(d)(1), inserted ", and shall not be subject to title 31" after "United States Government".

Subsec. (c). Pub. L. 105–134, §401(2), reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

"(1) Part A of subtitle IV of this title applies to Amtrak, except for provisions related to the—

"(A) regulation of rates;

"(B) abandonment or extension of rail lines used only for passenger transportation and the abandonment or extension of operations over those lines;

"(C) regulation of routes and service;

"(D) discontinuance or change of rail passenger transportation operations; and

"(E) issuance of securities or the assumption of an obligation or liability related to the securities of others.

"(2) Notwithstanding this subsection—

"(A) section 10721 of this title applies to Amtrak; and

"(B) on application of an adversely affected motor carrier, the Surface Transportation Board under part A of subtitle IV of this title may hear a complaint about an unfair or predatory rate or marketing practice of Amtrak for a route or service operating at a loss."

Subsec. (e). Pub. L. 105–134, §110(a), inserted at end "Section 552 of title 5, United States Code, applies to Amtrak for any fiscal year in which Amtrak receives a Federal subsidy."

Subsec. (f). Pub. L. 105–134, §106(b), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: "The laws of the District of Columbia govern leases and contracts of Amtrak, regardless of where they are executed."

Subsec. (l)(1). Pub. L. 105–134, §208, inserted heading and substituted in text "Amtrak, a rail carrier subsidiary of Amtrak, and any passenger or other customer of Amtrak or such subsidiary, are" for "Amtrak or a rail carrier subsidiary of Amtrak is", "tax, fee, head charge, or other charge, imposed or levied by a State, political subdivision, or local taxing authority on Amtrak, a rail carrier subsidiary of Amtrak, or on persons traveling in intercity rail passenger transportation or on mail or express transportation provided by Amtrak or such a subsidiary, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived therefrom" for "tax or fee imposed by a State, a political subdivision of a State, or a local taxing authority and levied on it", and "In the case of a tax or fee that Amtrak was required to pay as of September 10, 1982, Amtrak is not exempt from such tax or fee if it was assessed before April 1, 1997." for "However, Amtrak is not exempt under this subsection from a tax or fee that it was required to pay as of September 10, 1982."

Subsec. (m)(1)(A). Pub. L. 105–134, §402, substituted "2001" for "1996".

1995—Subsec. (c)(1). Pub. L. 104–88, §308(g)(1)(A), substituted "Part A of subtitle IV" for "Subtitle IV".

Subsec. (c)(2)(A). Pub. L. 104–88, §308(g)(1)(B), substituted "section 10721 of this title applies" for "sections 10721–10724 of this title apply".

Subsec. (c)(2)(B). Pub. L. 104–88, §308(g)(1)(C), substituted "Transportation Board under part A of subtitle IV" for "Interstate Commerce Commission under any provision of subtitle IV of this title applicable to a carrier subject to subchapter I of chapter 105".

Subsec. (d). Pub. L. 104–88, §308(g)(2), substituted "rail carrier subject to part A of subtitle IV" for "common carrier subject to subchapter I of chapter 105".

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Regulations

Pub. L. 101–610, title VI, §601(d), (e), Nov. 16, 1990, 104 Stat. 3186, provided that:

"(d) Not later than 1 year after the date of enactment of this Act [Nov. 16, 1990], the Secretary of Transportation, after appropriate notice and comment, and in consultation with the National Railroad Passenger Corporation, the Administrator of the Environmental Protection Agency, the Surgeon General, and State and local officials shall promulgate such regulations as may be necessary to mitigate the impact of the discharge of human waste from railroad passenger cars on areas that may be considered environmentally sensitive.

"(e) Not later than 1 year after the date of enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall promulgate regulations directing the National Railroad Passenger Corporation to, where appropriate, publish printed information, and make public address announcements, explaining its existing disposal technology and the retrofit and new equipment program, and encouraging passengers using existing equipment not to dispose of wastes in stations, railroad yards, or while the train is moving through environmentally sensitive areas."

Passenger Choice

Pub. L. 105–134, title I, §109, Dec. 2, 1997, 111 Stat. 2574, provided that: "Federal employees are authorized to travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis."

Application of Federal Property and Administrative Services Act

Pub. L. 105–134, title I, §110(b), Dec. 2, 1997, 111 Stat. 2574, provided that: "Section 303B(m) of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253b(m)) [now 41 U.S.C. 4702] applies to a proposal in the possession or control of Amtrak."

Exemption From Laws Relating to Abandoned or Unclaimed Property

Pub. L. 104–205, title III, §347, Sept. 30, 1996, 110 Stat. 2976, provided that: "Hereinafter, the National Railroad Passenger Corporation (Amtrak) shall be exempted from any State or local law relating to the payment or delivery of abandoned or unclaimed personal property to any government authority, including any provision for the enforcement thereof, with respect to passenger rail tickets for which no refund has been or may be claimed, and such law shall not apply to funds held by Amtrak as a result of the purchase of tickets after April 30, 1972 for which no refund has been claimed."

1 See References in Text note below.

§24302. Board of directors

(a) Composition and Terms.—

(1) The Amtrak Board of Directors (referred to in this section as the "Board") is composed of the following 10 directors, each of whom must be a citizen of the United States:

(A) The Secretary of Transportation.

(B) The President of Amtrak, who shall serve as a nonvoting member of the Board.

(C) 8 individuals appointed by the President of the United States, by and with the advice and consent of the Senate, with general business and financial experience, experience or qualifications in transportation, freight and passenger rail transportation, travel, hospitality, cruise line, or passenger air transportation businesses, or representatives of employees or users of passenger rail transportation or a State government.


(2) In selecting individuals described in paragraph (1) for nominations for appointments to the Board, the President shall consult with the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak.

(3) An individual appointed under paragraph (1)(C) of this subsection shall be appointed for a term of 5 years. Such term may be extended until the individual's successor is appointed and qualified. Not more than 5 individuals appointed under paragraph (1)(C) may be members of the same political party.

(4) The Board shall elect a chairman and a vice chairman, other than the President of Amtrak, from among its membership. The vice chairman shall serve as chairman in the absence of the chairman.

(5) The Secretary may be represented at Board meetings by the Secretary's designee.


(b) Pay and Expenses.—Each director not employed by the United States Government or Amtrak is entitled to reasonable pay when performing Board duties. Each director not employed by the United States Government is entitled to reimbursement from Amtrak for necessary travel, reasonable secretarial and professional staff support, and subsistence expenses incurred in attending Board meetings.

(c) Travel.—(1) Each director not employed by the United States Government shall be subject to the same travel and reimbursable business travel expense policies and guidelines that apply to Amtrak's executive management when performing Board duties.

(2) Not later than 60 days after the end of each fiscal year, the Board shall submit a report describing all travel and reimbursable business travel expenses paid to each director when performing Board duties to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(3) The report submitted under paragraph (2) shall include a detailed justification for any travel or reimbursable business travel expense that deviates from Amtrak's travel and reimbursable business travel expense policies and guidelines.

(d) Vacancies.—A vacancy on the Board is filled in the same way as the original selection, except that an individual appointed by the President of the United States under subsection (a)(1)(C) of this section to fill a vacancy occurring before the end of the term for which the predecessor of that individual was appointed is appointed for the remainder of that term. A vacancy required to be filled by appointment under subsection (a)(1)(C) must be filled not later than 120 days after the vacancy occurs.

(e) Quorum.—A majority of the members serving who are eligible to vote shall constitute a quorum for doing business.

(f) Bylaws.—The Board may adopt and amend bylaws governing the operation of Amtrak. The bylaws shall be consistent with this part and the articles of incorporation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 906; Pub. L. 105–134, title IV, §411(a), Dec. 2, 1997, 111 Stat. 2588; Pub. L. 110–432, div. B, title II, §202(a), Oct. 16, 2008, 122 Stat. 4911; Pub. L. 114–94, div. A, title XI, §11205, Dec. 4, 2015, 129 Stat. 1637.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24302(a)(1) 45:543(a)(1) (words before (A)), (A) (1st sentence), (B)–(E) (words before comma). Oct. 30, 1970, Pub. L. 91–518, §303(a), 84 Stat. 1330; restated Nov. 3, 1973, Pub. L. 93–146, §3(a), 87 Stat. 548; Feb. 5, 1976, Pub. L. 94–210, §706(f), 90 Stat. 124; Oct. 19, 1976, Pub. L. 94–555, §103, 90 Stat. 2615; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Aug. 13, 1981, Pub. L. 97–35, §1174(a), 95 Stat. 689; June 22, 1988, Pub. L. 100–342, §18(b), 102 Stat. 636.
24302(a)(2) 45:543(a)(2)(A) (1st sentence words before comma, last sentence).
24302(a)(3) 45:543(a)(2)(B).
24302(a)(4) 45:543(a)(1)(E) (words after comma).
24302(a)(5) 45:543(a)(4).
24302(a)(6) 45:543(a)(1)(A) (last sentence).
24302(b) 45:543(a)(7).
  45:543(c). Oct. 30, 1970, Pub. L. 91–518, §303(b), (c), 84 Stat. 1331.
24302(c) 45:543(a)(6).
24302(d) 45:543(a)(5).
24302(e) 45:543(a)(2)(A) (1st sentence words after comma), (3), (8).
24302(f) 45:543(b).

In subsection (a)(1), before clause (A), the words "is composed of the following 9 directors, each of whom must be a citizen" are substituted for "consisting of nine individuals who are citizens" for consistency in the revised title. The words "as follows" are omitted as surplus. In clause (A), the words "ex officio" are omitted as surplus. In clause (C)(ii), the words "chief executive officer of a State" are substituted for "Governor" for consistency in the revised title and with other titles of the United States Code. In clause (D), the text of 45:543(a)(1)(D)(i) and the words "after January 1, 1983" are omitted as executed.

In subsection (a)(2), the words "by the President" and "registered as" are omitted as surplus.

In subsection (a)(3) and (4), the word "selected" is substituted for "appointed" for consistency.

In subsection (a)(6), the word "only" is added for clarity.

In subsection (b), the text of 45:543(a)(7) is omitted as obsolete because preferred stockholder representatives are always part of Amtrak's board of directors. The text of 45:543(c) (words after "all stockholders") is omitted as obsolete because Congress eliminated common stockholder representatives when it reconstituted the board.

In subsection (c), the words "direct or indirect" are omitted as surplus.

In subsection (d), the word "performing" is substituted for "engaged in the actual performance of" to eliminate unnecessary words. The word "board" is added for clarity. The words "and powers" are added for consistency in the revised title and with other titles of the Code. The word "reasonable" is substituted for "which is reasonably required" to eliminate unnecessary words.

In subsection (e), the words "the membership of" and "in the case of" are omitted as surplus. The words "occurring before the end of the term for which the predecessor of that individual was appointed is appointed for the remainder of the term" are substituted for "shall be appointed only for the unexpired term of the member he is appointed to succeed" for clarity and consistency in the revised title and with other titles of the Code. The words "under subsection (a)(1)(C)" the 2d time they appear are substituted for "paragraph (1)(B) of this subsection" in 45:543(a)(8) to correct an erroneous cross-reference.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–94, §11205(1)(A), substituted "10 directors" for "9 directors".

Subsec. (a)(1)(B). Pub. L. 114–94, §11205(1)(B), inserted ", who shall serve as a nonvoting member of the Board" after "Amtrak".

Subsec. (a)(1)(C). Pub. L. 114–94, §11205(1)(C), substituted "8" for "7".

Subsec. (e). Pub. L. 114–94, §11205(2), inserted "who are eligible to vote" after "serving".

2008Pub. L. 110–432 amended section generally. Prior to amendment, section related, in subsec. (a), to establishment, duties, membership, and confirmation procedure of Reform Board, in subsec. (b), to selection of the Board of Directors, and in subsec. (c), to authority of Reform Board to recommend to Congress a plan to implement transfer of Amtrak's infrastructure assets and responsibilities to a new separately governed corporation.

1997Pub. L. 105–134 amended section generally. Prior to amendment, section related, in subsec. (a), to composition and terms of Amtrak board of directors, in subsec. (b), to cumulative voting by stockholders, in subsec. (c), to conflicts of interest of directors, in subsec. (d), to pay and expenses of directors, in subsec. (e), to vacancies on board, and in subsec. (f), to bylaws of board.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2008 Amendment

Pub. L. 110–432, div. B, title II, §202(b), Oct. 16, 2008, 122 Stat. 4912, provided that: "The amendment made by subsection (a) [amending this section] shall take effect 6 months after the date of enactment of this Act [Oct. 16, 2008]. The members of the Amtrak Board of Directors serving as of the date of enactment of this Act may continue to serve for the remainder of the term to which they were appointed."

§24303. Officers

(a) Appointment and Terms.—Amtrak has a President and other officers that are named and appointed by the board of directors of Amtrak. An officer of Amtrak must be a citizen of the United States. Officers of Amtrak serve at the pleasure of the board.

(b) Pay.—The board may fix the pay of the officers of Amtrak. An officer may not be paid more than the general level of pay for officers of rail carriers with comparable responsibility. The preceding sentence shall not apply for any fiscal year for which no Federal assistance is provided to Amtrak.

(c) Conflicts of Interest.—When employed by Amtrak, an officer may not have a financial or employment relationship with another rail carrier, except that holding securities issued by a rail carrier is not deemed to be a violation of this subsection if the officer holding the securities makes a complete public disclosure of the holdings and does not participate in any decision directly affecting the rail carrier.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 907; Pub. L. 105–134, title II, §207, Dec. 2, 1997, 111 Stat. 2584.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24303(a) 45:543(d) (1st, 4th, 5th sentences). Oct. 30, 1970, Pub. L. 91–518, §303(d), 84 Stat. 1331; June 22, 1972, Pub. L. 92–316, §1(a), 86 Stat. 227; May 26, 1975, Pub. L. 94–25, §2, 89 Stat. 90; July 18, 1982, Pub. L. 97–216, §101 (par. under heading "Grants to the National Railroad Passenger Corporation"), 96 Stat. 187; June 22, 1988, Pub. L. 100–342, §18(c), 102 Stat. 636.
24303(b) 45:543(d) (2d, 3d sentences).
24303(c) 45:543(d) (last sentence).

In subsection (a), the words "of directors of Amtrak" are added for clarity.

In subsection (b), the words "rates of", "president and other", and "at a level" are omitted as surplus.

In subsection (c), the words "direct or indirect" are omitted as surplus. The word "another" is substituted for "any" for clarity.

Amendments

1997—Subsec. (b). Pub. L. 105–134 inserted at end "The preceding sentence shall not apply for any fiscal year for which no Federal assistance is provided to Amtrak."

§24304. Employee stock ownership plans

In issuing stock pursuant to applicable corporate law, Amtrak is encouraged to include employee stock ownership plans.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 908; Pub. L. 105–134, title IV, §415(a)(1), Dec. 2, 1997, 111 Stat. 2590.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24304(a) 45:544(a) (1st sentence, last sentence words before (A), (A) (1st sentence), (B)(i) (1st sentence)). Oct. 30, 1970, Pub. L. 91–518, §304(a), 84 Stat. 1331; Aug. 13, 1981, Pub. L. 97–35, §1175(1), (2), 95 Stat. 691.
24304(b) 45:544(a) (2d sentence).
  45:544(b). Oct. 30, 1970, Pub. L. 91–518, §304(b), 84 Stat. 1332; Oct. 28, 1974, Pub. L. 93–496, §2, 88 Stat. 1526.
24304(c) 45:544(a) (last sentence words before (A), (A) (last sentence), (B)(i) (last sentence), (ii), (iii)).
24304(d)(1) 45:544(c)(1), (2). Oct. 30, 1970, Pub. L. 91–518, §304(c)(1), (2), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(3), 95 Stat. 691.
24304(d)(2) 45:544(c)(3). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(3); added Apr. 7, 1986, Pub. L. 99–272, §4003, 100 Stat. 107.
24304(d)(3) 45:544(c)(4). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(4); added Oct. 27, 1992, Pub. L. 102–533, §5, 106 Stat. 3517.
24304(e) 45:544(e)(2). Oct. 30, 1970, Pub. L. 91–518, §304(d), (e), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(4), 95 Stat. 691.
24304(f) 45:544(d).
24304(g) 45:544(e)(1).

In subsection (a), before clause (1), the words "issue and" are omitted because they are included in "have outstanding". The words "in such amounts as it shall determine" are omitted as surplus. The words "one issue of common stock and one issue of preferred stock" are substituted for "two issues of capital stock, a common and a preferred" for clarity. In clause (1), the word "designated" is omitted as surplus.

In subsection (b)(1)(A), the words "may not hold" are substituted for "may be issued and held only by any person other than" to eliminate unnecessary words.

In subsections (b)(1)(B) and (c), the words "as defined in section 10102(6) of title 49" are omitted because of the definition of "rail carrier" in section 24102 of the revised title.

In subsection (b)(1)(B), the words "after the initial issue is completed" are omitted as executed. The words "single" and "directly or indirectly through subsidiaries or affiliated companies, nominees, or any person subject to its direction or control" are omitted as surplus. The words "may vote not more than one-third of the total number of shares of outstanding common stock of Amtrak" are substituted for "At no time . . . shall the aggregate of the shares of common stock of the Corporation voted by . . . exceed 331/3 per centum of such shares issued and outstanding" to eliminate unnecessary words.

In subsection (b)(2), the words "Additional common stock" are substituted for "a number of shares in excess of 331/3 per centum of the total number of common shares issued and outstanding, such excess number" to eliminate unnecessary words. The words "issued and" are omitted because they are included in "outstanding".

Subsection (c)(1) is substituted for "Dividends shall be fixed at a rate not less than 6 per centum per annum, and shall be cumulative" to eliminate unnecessary words.

In subsection (c)(2), the text of 45:544(a) (last sentence) (A) (last sentence) and the words "for any dividend period" and "at the rate fixed in the articles of incorporation" are omitted as surplus.

In subsection (c)(3), the words "holders of preferred stock" are substituted for "preferred stockholders", and the words "holders of common stock" are substituted for "common stockholders", for consistency in this chapter.

In subsection (c)(4), the words "at such time and upon such terms as the articles of incorporation shall provide" are omitted as surplus.

In subsection (d)(1), the text of 45:544(c)(1) and the words "Commencing on October 1, 1981" are omitted as executed. The words "and in consideration of receiving further Federal financial assistance", "of the United States Government", "additional", and "of funds" are omitted as surplus.

In subsection (d)(3), the words "required to be issued" are omitted as surplus.

Subsection (e) is substituted for 45:544(e)(2) to eliminate unnecessary words.

In subsection (f), the words "in addition to the stock authorized by subsection (a) of this section", "securities, bonds, debentures, notes, and other", and "as it may determine" are omitted as surplus.

Subsection (g) is substituted for 45:544(e)(1) to eliminate unnecessary words.

Amendments

1997Pub. L. 105–134 amended section catchline and text generally, substituting provisions relating to employee stock ownership plans for provisions relating to capitalization of Amtrak.

Amtrak Stock

Pub. L. 105–134, title IV, §415(b), (c), Dec. 2, 1997, 111 Stat. 2590, provided that:

"(b) Redemption of Common Stock.—Amtrak shall, before October 1, 2002, redeem all common stock previously issued, for the fair market value of such stock.

"(c) Elimination of Liquidation Preference and Voting Rights of Preferred Stock.—(1)(A) Preferred stock of Amtrak held by the Secretary of Transportation shall confer no liquidation preference.

"(B) Subparagraph (A) shall take effect 90 days after the date of the enactment of this Act [Dec. 2, 1997].

"(2)(A) Preferred stock of Amtrak held by the Secretary of Transportation shall confer no voting rights.

"(B) Subparagraph (A) shall take effect 60 days after the date of the enactment of this Act."

§24305. General authority

(a) Acquisition and Operation of Equipment and Facilities.—(1) Amtrak may acquire, operate, maintain, and make contracts for the operation and maintenance of equipment and facilities necessary for intercity and commuter rail passenger transportation, the transportation of mail and express, and auto-ferry transportation.

(2) Amtrak shall operate and control directly, to the extent practicable, all aspects of the rail passenger transportation it provides.

(3)(A) Except as provided in subsection (d)(2), Amtrak may enter into a contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only—

(i) if the motor carrier is not a public recipient of governmental assistance, as such term is defined in section 13902(b)(8)(A) of this title, other than a recipient of funds under section 5311 of this title;

(ii) for passengers who have had prior movement by rail or will have subsequent movement by rail; and

(iii) if the buses, when used in the provision of such transportation, are used exclusively for the transportation of passengers described in clause (ii).


(B) Subparagraph (A) shall not apply to transportation funded predominantly by a State or local government, or to ticket selling agreements.

(b) Maintenance and Rehabilitation.—Amtrak may maintain and rehabilitate rail passenger equipment and shall maintain a regional maintenance plan that includes—

(1) a review panel at the principal office of Amtrak consisting of members the President of Amtrak designates;

(2) a systemwide inventory of spare equipment parts in each operational region;

(3) enough maintenance employees for cars and locomotives in each region;

(4) a systematic preventive maintenance program;

(5) periodic evaluations of maintenance costs, time lags, and parts shortages and corrective actions; and

(6) other elements or activities Amtrak considers appropriate.


(c) Miscellaneous Authority.—Amtrak may—

(1) make and carry out appropriate agreements;

(2) transport mail and express and shall use all feasible methods to obtain the bulk mail business of the United States Postal Service;

(3) improve its reservation system and advertising;

(4) provide food and beverage services on its trains only if revenues from the services each year at least equal the cost of providing the services;

(5) conduct research, development, and demonstration programs related to the mission of Amtrak; and

(6) buy or lease rail rolling stock and develop and demonstrate improved rolling stock.


(d) Through Routes and Joint Fares.—(1) Establishing through routes and joint fares between Amtrak and other intercity rail passenger carriers and motor carriers of passengers is consistent with the public interest and the transportation policy of the United States. Congress encourages establishing those routes and fares.

(2) Amtrak may establish through routes and joint fares with any domestic or international motor carrier, air carrier, or water carrier.

(3) Congress encourages Amtrak and motor common carriers of passengers to use the authority conferred in sections 11322 and 14302 of this title for the purpose of providing improved service to the public and economy of operation.

(e) Rail Police.—Amtrak may directly employ or contract with rail police to provide security for rail passengers and property of Amtrak. Rail police directly employed by or contracted by Amtrak who have complied with a State law establishing requirements applicable to rail police or individuals employed in a similar position may be directly employed or contracted without regard to the law of another State containing those requirements.

(f) Domestic Buying Preferences.—(1) In this subsection, "United States" means the States, territories, and possessions of the United States and the District of Columbia.

(2) Amtrak shall buy only—

(A) unmanufactured articles, material, and supplies mined or produced in the United States; or

(B) manufactured articles, material, and supplies manufactured in the United States substantially from articles, material, and supplies mined, produced, or manufactured in the United States.


(3) Paragraph (2) of this subsection applies only when the cost of those articles, material, or supplies bought is at least $1,000,000.

(4) On application of Amtrak, the Secretary of Transportation may exempt Amtrak from this subsection if the Secretary decides that—

(A) for particular articles, material, or supplies—

(i) the requirements of paragraph (2) of this subsection are inconsistent with the public interest;

(ii) the cost of imposing those requirements is unreasonable; or

(iii) the articles, material, or supplies, or the articles, material, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality; or


(B) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 909; Pub. L. 105–134, title I, §107, Dec. 2, 1997, 111 Stat. 2573; Pub. L. 114–94, div. A, title XI, §11412(c)(1), Dec. 4, 2015, 129 Stat. 1688.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24305(a)(1) 45:545(a) (1st sentence 1st–32d words, words after last semicolon). Oct. 30, 1970, Pub. L. 91–518, §305(a) (1st, 2d sentences), 84 Stat. 1332; June 22, 1972, Pub. L. 92–316, §2(1), (2), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §4, 87 Stat. 549; Aug. 13, 1981, Pub. L. 97–35, §1188(b), 95 Stat. 699.
  45:545(b) (4th sentence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(b) (4th sentence); added June 22, 1972, Pub. L. 92–316, §2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §5, 87 Stat. 550.
  45:545(e)(5). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(1)–(6); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551.
24305(a)(2) 45:545(a) (2d sentence).
24305(b) 45:545(e)(2).
  45:545(g). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(g); added Oct. 28, 1974, Pub. L. 93–496, §3, 88 Stat. 1527; restated Sept. 29, 1979, Pub. L. 96–73, §§106, 107, 93 Stat. 539, 540.
24305(c)(1) 45:851(a)(2). Feb. 5, 1976, Pub. L. 94–210, §701(a)(2), 90 Stat. 119.
24305(c)(2) 45:545(a) (1st sentence 33d word–1st semicolon).
  45:545a. Oct. 5, 1978, Pub. L. 95–421, §19, 92 Stat. 930.
24305(c)(3) 45:545(e)(1).
24305(c)(4) 45:545(n). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(n); added Aug. 13, 1981, Pub. L. 97–35, §1177(a), 95 Stat. 692.
24305(c)(5) 45:545(a) (1st sentence words between 1st and last semicolons), (e)(3).
24305(c)(6) 45:545(e)(4), (6).
24305(d) 45:546(j). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(j); added Oct. 19, 1976, Pub. L. 94–555, §106, 90 Stat. 2615; Sept. 29, 1979, Pub. L. 96–73, §112(b), 93 Stat. 541.
24305(e) 45:545(j). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(j); added Oct. 19, 1976, Pub. L. 94–555, §104, 90 Stat. 2615; Sept. 29, 1979, Pub. L 96–73, §§106, 108, 93 Stat. 539, 540.
24305(f) 45:545(k). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(k); added Oct. 5, 1978, Pub. L. 95–421, §10, 92 Stat. 928; Sept. 29, 1979, Pub. L. 96–73, §§106, 109, 93 Stat. 539, 540.

In subsection (a)(1), the text of 45:545(e)(5) is omitted as obsolete. The words "acquire, operate, maintain, and make contracts for the operation and maintenance of" are substituted for "own, manage, operate, or contract for the operation of", "acquire by construction, purchase, or gift, or to contract for the use of", "acquire, lease, modify, or develop", and "or to enter into contracts for the provision of such service" to eliminate unnecessary words. The word "physical" is omitted as surplus. The words "intercity and commuter trains" are omitted as being included in "equipment". The words "the transportation of mail and express" are substituted for "mail, express . . . service" for consistency in this chapter.

In subsection (b), before clause (1), the words "service" and "repair" are omitted as surplus. The words "not later than January 1, 1980" are omitted as executed. In clause (1), the words "principal office of Amtrak" are substituted for "corporate headquarters" for clarity and consistency. In clauses (3) and (4), the words "establishment of" are omitted as executed.

In subsection (c)(1), the words "contracts and" and "necessary or . . . in the conduct of its functions" are omitted as surplus.

In subsection (c)(2), the words "on such trains" in 45:545(a), and the words "including taking into account the needs of the United States Postal Service in establishing schedules" and "and service" in 45:545a, are omitted as surplus.

In subsection (c)(4), the text of 45:545(n) (1st sentence) and the words "Beginning October 1, 1982" are omitted as executed.

In subsection (d)(1), the words "rail passenger carriers" are substituted for "common carriers of passengers by rail" for consistency in the revised title. The words "establishing those routes and fares" are substituted for "the making of such arrangements" for clarity.

In subsection (e), the words "and protection" and "licensing, residency, or related" are omitted as surplus.

In subsection (f)(1), the words "several" and "the Commonwealth of Puerto Rico" are omitted as surplus.

In subsection (f)(2), the words "Except as provided in paragraph (2) or (3) of this subsection", "which have been", "all", and "as the case may be" are omitted as surplus.

In subsection (f)(3), the text of 45:545(k)(4)(B) is omitted as executed.

In subsection (f)(4)(A) and (B), the words "the purchase of" are omitted as surplus.

In subsection (f)(4)(A)(i), the words "imposing" and "with respect to such articles, materials, and supplies" are omitted as surplus.

Amendments

2015—Subsec. (e). Pub. L. 114–94 substituted "may directly employ or contract with" for "may employ", "directly employed by or contracted by" for "employed by", and "directly employed or contracted without" for "employed without".

1997—Subsec. (a)(3). Pub. L. 105–134, §107(a), added par. (3).

Subsec. (d)(3). Pub. L. 105–134, §107(b), added par. (3).

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Local Products and Promotional Events

Pub. L. 114–94, div. A, title XI, §11209, Dec. 4, 2015, 129 Stat. 1640, provided that:

"(a) In General.—Not later than 6 months after the date of enactment of this Act [Dec. 4, 2015], Amtrak shall establish a pilot program for a State or States that sponsor a State-supported route operated by Amtrak to facilitate—

"(1) onboard purchase and sale of local food and beverage products; and

"(2) partnerships with local entities to hold promotional events on trains or in stations.

"(b) Program Design.—The pilot program under paragraph (1) shall—

"(1) allow a State or States to nominate and select a local food and beverage products supplier or suppliers or local promotional event partner;

"(2) allow a State or States to charge a reasonable price or fee for local food and beverage products or promotional events and related activities to help defray the costs of program administration and State-supported routes; and

"(3) provide a mechanism to ensure that State products can effectively be handled and integrated into existing food and beverage services, including compliance with all applicable regulations and standards governing such services.

"(c) Program Administration.—The pilot program shall—

"(1) for local food and beverage products, ensure the products are integrated into existing food and beverage services, including compliance with all applicable regulations and standards;

"(2) for promotional events, ensure the events are held in compliance with all applicable regulations and standards, including terms to address insurance requirements; and

"(3) require an annual report that documents revenues and costs and indicates whether the products or events resulted in a reduction in the financial contribution of a State or States to the applicable State-supported route.

"(d) Report.—Not later than 4 years after the date of enactment of this Act, Amtrak shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on which States have participated in the pilot programs under this section. The report shall summarize the financial and operational outcomes of the pilot programs and include any plan for future action.

"(e) Rule of Construction.—Nothing in this section shall be construed as limiting Amtrak's ability to operate special trains in accordance with section 216 of the Passenger Rail Investment and Improvement Act of 2008 [div. B of Pub. L. 110–432] (49 U.S.C. 24308 note)."

Amtrak Pilot Program for Passengers Transporting Domesticated Cats and Dogs

Pub. L. 114–94, div. A, title XI, §11210, Dec. 4, 2015, 129 Stat. 1641, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], Amtrak shall develop a pilot program that allows passengers to transport domesticated cats or dogs on certain trains operated by Amtrak.

"(b) Pet Policy.—In developing the pilot program required under subsection (a), Amtrak shall—

"(1) in the case of a passenger train that is comprised of more than 1 car, designate, where feasible, at least 1 car in which a ticketed passenger may transport a domesticated cat or dog in the same manner as carry-on baggage if—

"(A) the cat or dog is contained in a pet kennel;

"(B) the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage;

"(C) the passenger is traveling on a train operating on a route described in subparagraph (A), (B), or (D) of section 24102(7) of title 49, United States Code; and

"(D) the passenger pays a fee described in paragraph (3);

"(2) allow a ticketed passenger to transport a domesticated cat or dog on a train in the same manner as cargo if—

"(A) the cat or dog is contained in a pet kennel;

"(B) the pet kennel complies with Amtrak size requirements for carriage of carry-on baggage;

"(C) the passenger is traveling on a train operating on a route described in subparagraph (A), (B), or (D) of section 24102(7) of title 49, United States Code;

"(D) the cargo area is temperature controlled in a manner protective of cat and dog safety and health; and

"(E) the passenger pays a fee described in paragraph (3); and

"(3) collect fees for each cat or dog transported by a ticketed passenger in an amount that, in the aggregate and at a minimum, covers the full costs of the pilot program.

"(c) Report.—Not later than 1 year after the pilot program required under subsection (a) is first implemented, Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing an evaluation of the pilot program.

"(d) Limitation on Statutory Construction.—

"(1) Service animals.—The pilot program under subsection (a) shall be separate from and in addition to the policy governing Amtrak passengers traveling with service animals. Nothing in this section may be interpreted to limit or waive the rights of passengers to transport service animals.

"(2) Additional train cars.—Nothing in this section may be interpreted to require Amtrak to add additional train cars or modify existing train cars.

"(3) Federal funds.—No Federal funds may be used to implement the pilot program required under this section."

Right-of-Way Leveraging

Pub. L. 114–94, div. A, title XI, §11211, Dec. 4, 2015, 129 Stat. 1641, provided that:

"(a) Request for Proposals.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], Amtrak shall issue a Request for Proposals seeking qualified persons or entities to utilize right-of-way and real estate owned, controlled, or managed by Amtrak for telecommunications systems, energy distribution systems, and other activities considered appropriate by Amtrak.

"(2) Contents.—The Request for Proposals shall provide sufficient information on the right-of-way and real estate assets to enable respondents to propose an arrangement that will monetize or generate additional revenue from such assets through revenue sharing or leasing agreements with Amtrak, to the extent possible.

"(3) Deadline.—Amtrak shall set a deadline for the submission of proposals that is not later than 1 year after the issuance of the Request for Proposals under paragraph (1).

"(b) Consideration of Proposals.—Not later than 180 days after the deadline for the receipt of proposals under subsection (a), the Amtrak Board of Directors shall review and consider each qualified proposal. Amtrak may enter into such agreements as are necessary to implement any qualified proposal.

"(c) Report.—Not later than 1 year after the deadline for the receipt of proposals under subsection (a), Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Request for Proposals required by this section, including summary information of any proposals submitted to Amtrak and any proposals accepted by the Amtrak Board of Directors.

"(d) Savings Clause.—Nothing in this section shall be construed to limit Amtrak's ability to utilize right-of-way or real estate assets that it currently owns, controls, or manages or constrain Amtrak's ability to enter into agreements with other parties to utilize such assets."

Station Development

Pub. L. 114–94, div. A, title XI, §11212, Dec. 4, 2015, 129 Stat. 1642, provided that:

"(a) Report on Development Options.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], Amtrak shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—

"(1) options to enhance economic development and accessibility of and around Amtrak stations and terminals, for the purposes of—

"(A) improving station condition, functionality, capacity, and customer amenities;

"(B) generating additional investment capital and development-related revenue streams;

"(C) increasing ridership and revenue; and

"(D) strengthening multimodal connections, including transit, intercity buses, roll-on and roll-off bicycles, and airports, as appropriate; and

"(2) options for additional Amtrak stops that would have a positive incremental financial impact to Amtrak, based on Amtrak feasibility studies that demonstrate a financial benefit to Amtrak by generating additional revenue that exceeds any incremental costs.

"(b) Request for Information.—Not later than 90 days after the date the report is submitted under subsection (a), Amtrak shall issue a Request for Information for 1 or more owners of stations served by Amtrak to formally express an interest in completing the requirements of this section.

"(c) Proposals.—

"(1) Request for proposals.—Not later than 180 days after the date the Request for Information is issued under subsection (b), Amtrak shall issue a Request for Proposals from qualified persons, including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead, participate, or partner with Amtrak, a station owner that responded under subsection (b), and other entities in enhancing development in and around such stations and terminals using applicable options identified under subsection (a) at facilities selected by Amtrak.

"(2) Consideration of proposals.—Not later than 1 year after the date the Request for Proposals is issued under paragraph (1), the Amtrak Board of Directors shall review and consider qualified proposals submitted under paragraph (1). Amtrak or a station owner that responded under subsection (b) may enter into such agreements as are necessary to implement any qualified proposal.

"(d) Report.—Not later than 4 years after the date of enactment of this Act, Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Request for Proposals process required under this section, including summary information of any qualified proposals submitted to Amtrak and any proposals acted upon by Amtrak or a station owner that responded under subsection (b).

"(e) Definitions.—In this section, the terms 'small business concern', 'socially and economically disadvantaged individual', and 'veteran-owned small business' have the meanings given the terms in section 11310(c) of this Act [129 Stat. 1670].

"(f) Savings Clause.—Nothing in this section shall be construed to limit Amtrak's ability to develop its stations, terminals, or other assets, to constrain Amtrak's ability to enter into and carry out agreements with other parties to enhance development at or around Amtrak stations or terminals, or to affect any station development initiatives ongoing as of the date of enactment of this Act."

Amtrak Security Evaluation and Development of Procedures for Firearm Storage and Carriage in Checked Baggage Cars and Stations

Pub. L. 111–117, div. A, title I, §159, Dec. 16, 2009, 123 Stat. 3061, as amended by Pub. L. 111–212, title III, §3009, July 29, 2010, 124 Stat. 2340, provided that:

"(a) Amtrak Security Evaluation.—No later than 180 days after the enactment of this Act [Dec. 16, 2009], Amtrak, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall submit a report to Congress that contains—

"(1) a comprehensive, system-wide, security evaluation; and

"(2) proposed guidance and procedures necessary to implement a new checked firearms program.

"(b) Developement and Implementation of Guidance and Procedures.—

"(1) In General.—Not later than one year after the enactment of this Act [Dec. 16, 2009], Amtrak, in consultation with the Assistant Secretary, shall develop and implement guidance and procedures to carry out the duties and responsibilities of firearm storage and carriage in checked baggage cars and at Amtrak stations that accept checked baggage.

"(2) Scope.—The guidance and procedures developed under paragraph (1) shall—

"(A) permit Amtrak passengers holding a ticket for a specific Amtrak route to place an unloaded firearm or starter pistol in a checked bag on such route if—

"(i) the Amtrak station accepts checked baggage for such route;

"(ii) the passenger declares to Amtrak, either orally or in writing, at the time the reservation is made or not later than 24 hours before departure, that the firearm will be placed in his or her bag and will be unloaded;

"(iii) the firearm is in a hard-sided container;

"(iv) such container is locked; and

"(v) only the passenger has the key or combination for such container;

"(B) permit Amtrak passengers holding a ticket for a specific Amtrak route to place small arms ammunition for personal use in a checked bag on such route if the ammunition is securely packed—

"(i) in fiber, wood, or metal boxes; or

"(ii) in other packaging specifically designed to carry small amounts of ammunition; and

"(C) include any other measures needed to ensure the safety and security of Amtrak employees, passengers, and infrastructure, including—

"(i) requiring inspections of any container containing a firearm or ammunition; and

"(ii) the temporary suspension of firearm carriage service if credible intelligence information indicates a threat related to the national rail system or specific routes or trains.

"(c) Definitions.—

"(1) [sic] For purposes of this section, the term 'checked baggage' refers to baggage transported that is accessible only to select Amtrak employees."

General Services Administration Services

Pub. L. 110–432, div. B, title II, §218(b), Oct. 16, 2008, 122 Stat. 4930, provided that: "Amtrak may obtain from the Administrator of General Services, and the Administrator may provide to Amtrak, services under sections 502(a) and 602 of title 40, United States Code."

Pub. L. 106–554, §1(a)(4) [div. A, §1110], Dec. 21, 2000, 114 Stat. 2763, 2763A-202, provided that: "Amtrak is authorized to obtain services from the Administrator of General Services, and the Administrator is authorized to provide services to Amtrak, under sections 201(b) and 211(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(b) and 491(b)) [now 40 U.S.C. 502, 602, 603(a)(1)] for fiscal year 2001 and each fiscal year thereafter until the fiscal year that Amtrak operates without Federal operating grant funds appropriated for its benefit, as required by sections 24101(d) and [former] 24104(a) of title 49, United States Code."

Rail and Motor Carrier Passenger Service

Pub. L. 105–134, title I, §108, Dec. 2, 1997, 111 Stat. 2574, provided that:

"(a) In General.—Notwithstanding any other provision of law (other than section 24305(a)(3) of title 49, United States Code), Amtrak and motor carriers of passengers are authorized—

"(1) to combine or package their respective services and facilities to the public as a means of increasing revenues; and

"(2) to coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation.

"(b) Review.—The authority granted by subsection (a) is subject to review by the Surface Transportation Board and may be modified or revoked by the Board if modification or revocation is in the public interest."

Educational Participation

Pub. L. 105–134, title IV, §412, Dec. 2, 1997, 111 Stat. 2589, provided that: "Amtrak shall participate in educational efforts with elementary and secondary schools to inform students on the advantages of rail travel and the need for rail safety."

§24306. Mail, express, and auto-ferry transportation

(a) Actions To Increase Revenues.—Amtrak shall take necessary action to increase its revenues from the transportation of mail and express. To increase its revenues, Amtrak may provide auto-ferry transportation as part of the basic passenger transportation authorized by this part.

(b) Authority of Others To Provide Auto-Ferry Transportation.—State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry transportation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 910; Pub. L. 105–134, title I, §102, Dec. 2, 1997, 111 Stat. 2572.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24306(a) 45:545(b) (1st, 2d sentence words before 2d comma, last sentence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(b) (1st–3d, last sentences); added June 22, 1972, Pub. L. 92–316, §2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §5, 87 Stat. 549.
24306(b)(1) 45:545(b) (2d sentence words after 2d comma).
24306(b)(2) 45:545(b) (3d sentence).
24306(b)(3) 45:546(h). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(h); added Nov. 3, 1973, Pub. L. 93–146, §7, 87 Stat. 551.

In subsection (a), the words "and to better accomplish the purposes of this chapter" and "modify its services to" are omitted as surplus. The words "a department, agency, or instrumentality of the United States Government" are substituted for "Federal departments and agencies" for consistency in the revised title and with other titles of the United States Code. The words "consistent with the provisions of existing law" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide" are substituted for "except that nothing contained in this chapter shall prevent any other person, other than a railroad (except that for purposes of this section a person primarily engaged in auto-ferry service shall not be deemed to be a railroad), from providing such" to eliminate unnecessary words. The text of 45:545(b) (2d sentence words after "the public") is omitted as obsolete.

In subsection (b)(2), the words "may provide" are substituted for "Nothing in this section shall be construed to restrict the right of . . . from performing" to eliminate unnecessary words and for clarity. The words "rail lines" are substituted for "lines" for clarity and consistency in the revised title and with other titles of the Code.

In subsection (b)(3), the words "has the effect of prohibiting or", "fine, penalty, or other", and "for violation of" are omitted as surplus. The words "rail carrier" are substituted for "common carrier by railroad" for consistency in the revised title and with other titles of the Code.

Amendments

1997—Subsec. (a). Pub. L. 105–134, §102(1), struck out at end "When requested by Amtrak, a department, agency, or instrumentality of the United States Government shall assist in carrying out this section."

Subsec. (b). Pub. L. 105–134, §102(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:

"(1) A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide auto-ferry transportation over any route under a certificate issued by the Interstate Commerce Commission if the Commission finds that the auto-ferry transportation—

"(A) will not impair the ability of Amtrak to reduce its losses or increase its revenues; and

"(B) is required to meet the public demand.

"(2) A rail carrier that has not made a contract with Amtrak to provide rail passenger transportation may provide auto-ferry transportation over its own rail lines.

"(3) State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry transportation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful."

§24307. Special transportation

(a) Reduced Fare Program.—Amtrak shall maintain a reduced fare program for the following:

(1) individuals at least 65 years of age.

(2) individuals (except alcoholics and drug abusers) who—

(A) have a physical or mental impairment that substantially limits a major life activity of the individual;

(B) have a record of an impairment; or

(C) are regarded as having an impairment.


(b) Employee Transportation.—(1) In this subsection, "rail carrier employee" means—

(A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of absence;

(B) a retired employee of a rail carrier or terminal company; and

(C) a dependent of an employee referred to in clause (A) or (B) of this paragraph.


(2) Amtrak shall ensure that a rail carrier employee eligible for free or reduced-rate rail transportation on April 30, 1971, under an agreement in effect on that date is eligible, to the greatest extent practicable, for free or reduced-rate intercity rail passenger transportation provided by Amtrak under this part, if space is available, on terms similar to those available on that date under the agreement. However, Amtrak may apply to all rail carrier employees eligible to receive free or reduced-rate transportation under any agreement a single systemwide schedule of terms that Amtrak decides applied to a majority of employees on that date under all those agreements. Unless Amtrak and a rail carrier make a different agreement, the carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrier employee eligible for free or reduced-rate transportation.

(3) This subsection does not prohibit the Surface Transportation Board from ordering retroactive relief in a proceeding begun or reopened after October 1, 1981.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 911; Pub. L. 105–134, title IV, §406(b), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 112–141, div. C, title II, §32932(c)(1), July 6, 2012, 126 Stat. 829.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24307(a) 45:545(c)(2). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(c)(2); added Sept. 29, 1979, Pub. L. 96–73, §105(2), 93 Stat. 539.
24307(b) 45:545(c)(1). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(c)(1); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550; Sept. 29, 1979, Pub. L. 96–73, §105(1), 93 Stat. 539.
24307(c) 45:565(f). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §405(f); added June 22, 1972, Pub. L. 92–316, §8, 86 Stat. 230; Sept. 29, 1979, Pub. L. 96–73, §120(a), 93 Stat. 547; Aug. 13, 1981, Pub. L. 97–35, §1184, 95 Stat. 697.

In subsection (a), before clause (1), the word "maintain" is substituted for "Within 90 days after September 29, 1979" and "establish" for clarity.

In subsection (b), before clause (1), the word "act" is substituted for "take all steps necessary to" to eliminate unnecessary words. The words "access to" are added for clarity. In clause (1), the words "and devices" are omitted as surplus. In clause (4), the words "architectural and other" are omitted as surplus.

In subsection (c)(1)(A), the words "period of" and "while on" are omitted as surplus.

In subsection (c)(2), the words "take such action as may be necessary to", "the terms of . . . policy or", and "to such railroad employee" are omitted as surplus. The words "or group of railroads" are omitted because of 1:1.

Amendments

2012—Subsec. (b)(3). Pub. L. 112–141 substituted "Surface Transportation Board" for "Interstate Commerce Commission".

1997—Subsecs. (b), (c). Pub. L. 105–134 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

"(b) Actions To Ensure Access.—Amtrak may act to ensure access to intercity transportation for elderly or handicapped individuals on passenger trains operated by or for Amtrak. That action may include—

"(1) acquiring special equipment;

"(2) conducting special training for employees;

"(3) designing and acquiring new equipment and facilities;

"(4) eliminating barriers in existing equipment and facilities to comply with the highest standards of design, construction, and alteration of property to accommodate elderly and handicapped individuals; and

"(5) providing special assistance to elderly and handicapped individuals when getting on and off trains and in terminal areas."

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Accessibility by Individuals With Disabilities

Pub. L. 110–432, div. B, title II, §219, Oct. 16, 2008, 122 Stat. 4931, provided that:

"(a) In General.—Amtrak, in consultation with station owners and other railroads operating service through the existing stations that it serves, shall evaluate the improvements necessary to make these stations readily accessible to and usable by individuals with disabilities, as required by such section 242(e)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The evaluation shall include, for each applicable station, improvements required to bring it into compliance with the applicable parts of such section 242(e)(2), any potential barriers to achieving compliance, including issues related to passenger rail station platforms, the estimated cost of the improvements necessary, the identification of the responsible person (as defined in section 241(5) of that Act (42 U.S.C. 12161(5))), and the earliest practicable date when such improvements can be made. The evaluation shall also include a detailed plan and schedule for bringing all applicable stations into compliance with the applicable parts of section 242(e)(2) by the 2010 statutory deadline for station accessibility. Amtrak shall submit the evaluation to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; the Department of Transportation; and the National Council on Disability by February 1, 2009, along with recommendations for funding the necessary improvements. Should the Department of Transportation issue any rule related to transportation for individuals with disabilities by intercity passenger rail after Amtrak submits its evaluation, Amtrak shall, within 120 days after the date that such rule is published, submit to the above parties a supplemental evaluation on any impact of the rule on its cost and schedule for achieving full compliance.

"(b) Accessibility Improvements and Barrier Removal for People With Disabilities.—There are authorized to be appropriated to the Secretary [of Transportation] for the use of Amtrak such sums as may be necessary to improve the accessibility of facilities, including rail platforms, and services."

Pub. L. 110–432, div. B, title II, §220, Oct. 16, 2008, 122 Stat. 4931, provided that: "Using the funds authorized by section 103 of this division [122 Stat. 4909], the Federal Railroad Administration shall monitor and conduct periodic reviews of Amtrak's compliance with applicable sections of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] and the Rehabilitation Act of 1974 [probably means Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.] to ensure that Amtrak's services and facilities are accessible to individuals with disabilities to the extent required by law."

Pub. L. 105–134, title IV, §406(a), Dec. 2, 1997, 111 Stat. 2586, provided that:

"(1) Access improvements at certain shared stations.—Amtrak is responsible for its share, if any, of the costs of accessibility improvements required by the Americans With Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] at any station jointly used by Amtrak and a commuter authority.

"(2) Certain requirements not to apply until 1998.—Amtrak shall not be subject to any requirement under subsection (a)(1), (a)(3), or (e)(2) of section 242 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12162) until January 1, 1998."

§24308. Use of facilities and providing services to Amtrak

(a) General Authority.—(1) Amtrak may make an agreement with a rail carrier or regional transportation authority to use facilities of, and have services provided by, the carrier or authority under terms on which the parties agree. The terms shall include a penalty for untimely performance.

(2)(A) If the parties cannot agree and if the Surface Transportation Board finds it necessary to carry out this part, the Board shall—

(i) order that the facilities be made available and the services provided to Amtrak; and

(ii) prescribe reasonable terms and compensation for using the facilities and providing the services.


(B) When prescribing reasonable compensation under subparagraph (A) of this paragraph, the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the facilities and providing the services.

(C) The Board shall decide the dispute not later than 90 days after Amtrak submits the dispute to the Board.

(3) Amtrak's right to use the facilities or have the services provided is conditioned on payment of the compensation. If the compensation is not paid promptly, the rail carrier or authority entitled to it may bring an action against Amtrak to recover the amount owed.

(4) Amtrak shall seek immediate and appropriate legal remedies to enforce its contract rights when track maintenance on a route over which Amtrak operates falls below the contractual standard.

(b) Operating During Emergencies.—To facilitate operation by Amtrak during an emergency, the Board, on application by Amtrak, shall require a rail carrier to provide facilities immediately during the emergency. The Board then shall promptly prescribe reasonable terms, including indemnification of the carrier by Amtrak against personal injury risk to which the carrier may be exposed. The rail carrier shall provide the facilities for the duration of the emergency.

(c) Preference Over Freight Transportation.—Except in an emergency, intercity and commuter rail passenger transportation provided by or for Amtrak has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this subsection. A rail carrier affected by this subsection may apply to the Board for relief. If the Board, after an opportunity for a hearing under section 553 of title 5, decides that preference for intercity and commuter rail passenger transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the carrier and Amtrak on reasonable terms.

(d) Accelerated Speeds.—If a rail carrier refuses to allow accelerated speeds on trains operated by or for Amtrak, Amtrak may apply to the Board for an order requiring the carrier to allow the accelerated speeds. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. After an opportunity for a hearing, the Board shall establish the maximum allowable speeds of Amtrak trains on terms the Board decides are reasonable.

(e) Additional Trains.—(1) When a rail carrier does not agree to provide, or allow Amtrak to provide, for the operation of additional trains over a rail line of the carrier, Amtrak may apply to the Board for an order requiring the carrier to provide or allow for the operation of the requested trains. After a hearing on the record, the Board may order the carrier, within 60 days, to provide or allow for the operation of the requested trains on a schedule based on legally permissible operating times. However, if the Board decides not to hold a hearing, the Board, not later than 30 days after receiving the application, shall publish in the Federal Register the reasons for the decision not to hold the hearing.

(2) The Board shall consider—

(A) when conducting a hearing, whether an order would impair unreasonably freight transportation of the rail carrier, with the carrier having the burden of demonstrating that the additional trains will impair the freight transportation; and

(B) when establishing scheduled running times, the statutory goal of Amtrak to implement schedules that attain a system-wide average speed of at least 60 miles an hour that can be adhered to with a high degree of reliability and passenger comfort.


(3) Unless the parties have an agreement that establishes the compensation Amtrak will pay the carrier for additional trains provided under an order under this subsection, the Board shall decide the dispute under subsection (a) of this section.

(f) Passenger Train Performance and Other Standards.—

(1) Investigation of substandard performance.—If the on-time performance of any intercity passenger train averages less than 80 percent for any 2 consecutive calendar quarters, or the service quality of intercity passenger train operations for which minimum standards are established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 fails to meet those standards for 2 consecutive calendar quarters, the Surface Transportation Board (referred to in this section as the "Board") may initiate an investigation, or upon the filing of a complaint by Amtrak, an intercity passenger rail operator, a host freight railroad over which Amtrak operates, or an entity for which Amtrak operates intercity passenger rail service, the Board shall initiate such an investigation, to determine whether and to what extent delays or failure to achieve minimum standards are due to causes that could reasonably be addressed by a rail carrier over whose tracks the intercity passenger train operates or reasonably addressed by Amtrak or other intercity passenger rail operators. As part of its investigation, the Board has authority to review the accuracy of the train performance data and the extent to which scheduling and congestion contribute to delays. In making its determination or carrying out such an investigation, the Board shall obtain information from all parties involved and identify reasonable measures and make recommendations to improve the service, quality, and on-time performance of the train.

(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 as required under subsection (c), the Board may award damages against the host rail carrier, including prescribing such other relief to Amtrak as it determines to be reasonable and appropriate pursuant to paragraph (3) of this subsection.

(3) Damages and relief.—In awarding damages and prescribing other relief under this subsection the Board shall consider such factors as—

(A) the extent to which Amtrak suffers financial loss as a result of host rail carrier delays or failure to achieve minimum standards; and

(B) what reasonable measures would adequately deter future actions which may reasonably be expected to be likely to result in delays to Amtrak on the route involved.


(4) Use of damages.—The Board shall, as it deems appropriate, order the host rail carrier to remit the damages awarded under this subsection to Amtrak or to an entity for which Amtrak operates intercity passenger rail service. Such damages shall be used for capital or operating expenditures on the routes over which delays or failures to achieve minimum standards were the result of a rail carrier's failure to provide preference to Amtrak over freight transportation as determined in accordance with paragraph (2).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 911; 110–432, div. B, title II, §213(a), (d), Oct. 16, 2008, 122 Stat. 4925, 4926.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24308(a)(1)– (3) 45:562(a)(1). Oct. 30, 1970, Pub. L. 91–518, §402(a)(1), 84 Stat. 1335; June 22, 1972, Pub. L. 92–316, §5(1), 86 Stat. 229; Nov. 3, 1973, Pub. L. 93–146, §10(1), 87 Stat. 552; Oct. 5, 1978, Pub. L. 95–421, §15, 92 Stat. 929; Aug. 13, 1981, Pub. L. 97–35, §1181, 95 Stat. 693; Apr. 7, 1986, Pub. L. 99–272, §4017(b)(1), 100 Stat. 110.
24308(a)(4) 45:562 (note). July 11, 1987, Pub. L. 100–71 (last proviso under heading "Grants to the National Railroad Passenger Corporation"), 101 Stat. 447.
24308(b) 45:562(c). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(c); added June 22, 1972, Pub. L. 92–316, §5(2), 86 Stat. 229.
24308(c) 45:562(e). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(e); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552; Aug. 13, 1981, Pub. L. 97–35, §1188(c), 95 Stat. 699.
24308(d) 45:562(f). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(f); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552.
24308(e) 45:562(g). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(g); added May 30, 1980, Pub. L. 96–254, §216, 94 Stat. 418; Apr. 7, 1986, Pub. L. 99–272, §4006(2), 100 Stat. 107.

In subsection (a)(1), the word "authority" is substituted for "agencies" for consistency in the revised title and with other titles of the United States Code. The words "tracks and other" are omitted as surplus. The words "of . . . by, the carrier or authority" are added for clarity. The words "and conditions" are omitted as surplus.

In subsection (a)(2)(A), before clause (i), the words "the purposes of" are omitted as surplus. In clause (ii), the words "just and" are omitted as surplus.

Subsection (a)(2)(B) is substituted for 45:562(a)(1) (3d sentence) to eliminate unnecessary words.

In subsection (a)(2)(C), the words "shall decide the dispute" are added, and the words "submits the dispute" are substituted for "application", for clarity.

In subsection (a)(3), the words "Amtrak's right to use the facilities or have the services provided is conditioned on payment of the compensation" are substituted for "and the rights of the Corporation to such services or to the use of tracks or facilities of the railroad or agency under such order . . . shall be conditioned upon payment by the Corporation of the compensation fixed by the Commission" to eliminate unnecessary words. The words "or under an order issued under subsection (b) of this section" are omitted as obsolete because 45:562(b) is executed. The words "amount of", "fixed", "duly and", and "properly" are omitted as surplus.

In subsection (a)(4), the words "notwithstanding any other provision of law", "hereafter", and "becomes inadequate or otherwise" are omitted as surplus.

In subsections (b)–(d), the words "just and" are omitted as surplus.

In subsection (b), the words "as may be deemed by it to be necessary", "tracks and other", and "proceed to" are omitted as surplus. The words "personal injury" are substituted for "casualty" for consistency.

In subsections (c) and (d), the words "an opportunity for a" are added for clarity and consistency.

In subsection (c), the word "given" is omitted as surplus. The words "rail line" are substituted for "line of track" for consistency in the revised title and with other titles of the Code. The word "appropriate" is omitted as surplus. The words "the carrier" are substituted for "trains" for clarity and consistency. The words "and Amtrak" are added for clarity.

In subsection (d), the words "upon request of the Corporation" and "otherwise" are omitted as surplus. The words "which improvements would be required" are substituted for "and with respect to the nature and extent of improvements to track, signal systems, and other facilities that would be required" to eliminate unnecessary words.

In subsection (e)(1), the words "satisfactory, voluntary" are omitted as surplus. The words "provide, or allow Amtrak to provide" are added, and the words "Amtrak may apply to the Secretary for an order requiring the carrier to provide or allow for the operation of the requested trains" are substituted for "Upon receipt of an application from the Corporation", for clarity.

In subsection (e)(2)(A), the words "involved" and "seeking to oppose the operation of an additional train" are omitted as surplus. The words "when conducting a hearing" are added for clarity.

In subsection (e)(2)(B), the word "proper" is omitted as surplus. The words "60 miles" are substituted for "55 miles" for consistency with 45:501a(8), restated in section 24101(c)(6) of the revised title. Section 1172(3) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 91–35, 95 Stat. 688) raised the speed from 55 to 60 in 45:501a but did not make a corresponding change in 45:562(g).

In subsection (e)(3), the words "Unless the parties have an agreement that establishes the compensation Amtrak will pay the carrier for additional trains provided under an order under this subsection" are substituted for 45:562(g) (last sentence words before last comma) to eliminate unnecessary words. The words "the dispute" are added for clarity and consistency in this section.

References in Text

Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (f)(1), is section 207 of Pub. L. 110–432, which is set out in a note under section 24101 of this title.

Amendments

2008—Subsec. (a)(2). Pub. L. 110–432, §213(d)(2), substituted "Board" for "Commission" wherever appearing.

Subsec. (a)(2)(A). Pub. L. 110–432, §213(d)(1), substituted "Surface Transportation Board" for "Interstate Commerce Commission" in introductory provisions.

Subsec. (b). Pub. L. 110–432, §213(d)(2), substituted "Board" for "Commission" in two places.

Subsec. (c). Pub. L. 110–432, §213(d)(3), (4), substituted "Board" for "Secretary of Transportation" after "unless the" and for "Secretary" in three places.

Subsecs. (d), (e)(1), (2). Pub. L. 110–432, §213(d)(4), substituted "Board" for "Secretary" wherever appearing.

Subsec. (e)(3). Pub. L. 110–432, §213(d)(2), substituted "Board" for "Commission".

Subsec. (f). Pub. L. 110–432, §213(a), added subsec. (f).

Fees

Pub. L. 110–432, div. B, title II, §213(b), Oct. 16, 2008, 122 Stat. 4926, provided that: "The Surface Transportation Board may establish and collect filing fees from any entity that files a complaint under section 24308(f)(1) of title 49, United States Code, or otherwise requests or requires the Board's services pursuant to this division [see Short Title of 2008 Amendment note set out under section 20101 of this title]. The Board shall establish such fees at levels that will fully or partially, as the Board determines to be appropriate, offset the costs of adjudicating complaints under that section and other requests or requirements for Board action under this division. The Board may waive any fee established under this subsection for any governmental entity as determined appropriate by the Board."

Special Passenger Trains

Pub. L. 110–432, div. B, title II, §216, Oct. 16, 2008, 122 Stat. 4930, provided that: "Amtrak is encouraged to increase the operation of special trains funded by, or in partnership with, private sector operators through competitive contracting to minimize the need for Federal subsidies. Amtrak shall utilize the provisions of section 24308 of title 49, United States Code, when necessary to obtain access to facilities, train and engine crews, or services of a rail carrier or regional transportation authority that are required to operate such trains."

§24309. Retaining and maintaining facilities

(a) Definitions.—In this section—

(1) "facility" means a rail line, right of way, fixed equipment, facility, or real property related to a rail line, right of way, fixed equipment, or facility, including a signal system, passenger station and repair tracks, a station building, a platform, and a related facility, including a water, fuel, steam, electric, and air line.

(2) downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track safety standards or altering a facility so that the time required for rail passenger transportation to be provided over the route on which a facility is located may be increased.


(b) Approval Required for Downgrading or Disposal.—A facility of a rail carrier or regional transportation authority that Amtrak used to provide rail passenger transportation on February 1, 1979, or on January 1, 1997, may be downgraded or disposed of only after approval by the Secretary of Transportation under this section.

(c) Notification and Analysis.—(1) A rail carrier intending to downgrade or dispose of a facility Amtrak currently is not using to provide transportation shall notify Amtrak of its intention. If, not later than 60 days after Amtrak receives the notice, Amtrak and the carrier do not agree to retain or maintain the facility or to convey an interest in the facility to Amtrak, the carrier may apply to the Secretary for approval to downgrade or dispose of the facility.

(2) After a rail carrier notifies Amtrak of its intention to downgrade or dispose of a facility, Amtrak shall survey population centers with rail passenger transportation facilities to assist in preparing a valid and timely analysis of the need for the facility and shall update the survey as appropriate. Amtrak also shall maintain a system for collecting information gathered in the survey. The system shall collect the information based on geographic regions and on whether the facility would be part of a short haul or long haul route. The survey should facilitate an analysis of—

(A) ridership potential by ascertaining existing and changing travel patterns that would provide maximum efficient rail passenger transportation;

(B) the quality of transportation of competitors or likely competitors;

(C) the likelihood of Amtrak offering transportation at a competitive fare;

(D) opportunities to target advertising and fares to potential classes of riders;

(E) economic characteristics of rail passenger transportation related to the facility and the extent to which the characteristics are consistent with sound economic principles of short haul or long haul rail transportation; and

(F) the feasibility of applying effective internal cost controls to the facility and route served by the facility to improve the ratio of passenger revenue to transportation expenses (excluding maintenance of tracks, structures, and equipment and depreciation).


(d) Approval of Application and Payment of Avoidable Costs.—(1) If Amtrak does not object to an application not later than 30 days after it is submitted, the Secretary shall approve the application promptly.

(2) If Amtrak objects to an application, the Secretary shall decide by not later than 180 days after the objection those costs the rail carrier may avoid if it does not have to retain or maintain a facility in the condition Amtrak requests. If Amtrak does not agree by not later than 60 days after the decision to pay the carrier these avoidable costs, the Secretary shall approve the application. When deciding whether to pay a carrier the avoidable costs of retaining or maintaining a facility, Amtrak shall consider—

(A) the potential importance of restoring rail passenger transportation on the route on which the facility is located;

(B) the market potential of the route;

(C) the availability, adequacy, and energy efficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route;

(D) the extent to which major population centers would be served by the route;

(E) the extent to which providing transportation over the route would encourage the expansion of an intercity rail passenger system in the United States; and

(F) the possibility of increased ridership on a rail line that connects with the route.


(e) Compliance With Other Obligations.—Downgrading or disposing of a facility under this section does not relieve a rail carrier from complying with its other common carrier or legal obligations related to the facility.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 913; Pub. L. 105–134, title I, §162, Dec. 2, 1997, 111 Stat. 2578.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24309(a) 45:566(e)(1), (2). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §406; added Sept. 29, 1979, Pub. L. 96–73, §121, 93 Stat. 548.
24309(b) 45:566(a).
24309(c)(1) 45:566(b).
24309(c)(2) 45:566(d)(2).
24309(d)(1) 45:566(c)(1).
24309(d)(2) 45:566(c)(2), (d)(1).
24309(e) 45:566(e)(3).

In subsection (a)(1), the words "rail line" are substituted for "railroad tracks" for consistency in the revised title and with other titles of the United States Code.

In subsection (b), the word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the Code. The words "obtaining the" are omitted as surplus.

In subsection (c)(1), the words "first" and "to take such action" are omitted as surplus.

In subsection (c)(2), before clause (A), the words "need for the" are added for clarity. The words "necessary or" are omitted as surplus. The words "Within 90 days after September 29, 1979" and 45:566(d)(2)(A)(i) are omitted as executed. The word "maintain" is substituted for "take steps to prepare" for clarity. The words "survey plan which shall provide for" and "compilation, and storage" are omitted as surplus. In clause (F), the words "over time" are omitted as surplus.

In subsection (d)(2), before clause (A), the word "timely" is omitted as surplus. In clause (F), the words "rail line" are substituted for "lines of railroad" for consistency in the revised title and with other titles of the Code.

In subsection (e), the words "approval of" are omitted as surplus.

Amendments

1997—Subsec. (b). Pub. L. 105–134 inserted "or on January 1, 1997," after "1979,".

§24310. Management accountability

(a) In General.—Within 3 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, and 2 years thereafter, the Inspector General of the Department of Transportation shall complete an overall assessment of the progress made by Amtrak management and the Department of Transportation in implementing the provisions of that Act.

(b) Assessment.—The management assessment undertaken by the Inspector General may include a review of—

(1) effectiveness in improving annual financial planning;

(2) effectiveness in implementing improved financial accounting;

(3) efforts to implement minimum train performance standards;

(4) progress maximizing revenues, minimizing Federal subsidies, and improving financial results; and

(5) any other aspect of Amtrak operations the Inspector General finds appropriate to review.

(Added Pub. L. 110–432, div. B, title II, §221(a), Oct. 16, 2008, 122 Stat. 4931.)

References in Text

The Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (a), is div. B of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4907. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 20101 of this title and Tables.

Prior Provisions

A prior section 24310, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 914, allowed petition or application for assistance in upgrading facilities to correct dangerous conditions or State and local violations, prior to repeal by Pub. L. 105–134, title IV, §403, Dec. 2, 1997, 111 Stat. 2585.

§24311. Acquiring interests in property by eminent domain

(a) General Authority.—(1) To the extent financial resources are available, Amtrak may acquire by eminent domain under subsection (b) of this section interests in property—

(A) necessary for intercity rail passenger transportation, except property of a rail carrier, a State, a political subdivision of a State, or a governmental authority; or

(B) requested by the Secretary of Transportation in carrying out the Secretary's duty to design and build an intermodal transportation terminal at Union Station in the District of Columbia if the Secretary assures Amtrak that the Secretary will reimburse Amtrak.


(2) Amtrak may exercise the power of eminent domain only if it cannot—

(A) acquire the interest in the property by contract; or

(B) agree with the owner on the purchase price for the interest.


(b) Civil Actions.—(1) A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be brought in the district court of the United States for the judicial district in which the property is located or, if a single piece of property is located in more than one judicial district, in any judicial district in which any piece of the property is located. An interest is condemned and taken by Amtrak for its use when a declaration of taking is filed under this subsection and an amount of money estimated in the declaration to be just compensation for the interest is deposited in the court. The declaration may be filed with the complaint in the action or at any time before judgment. The declaration must contain or be accompanied by—

(A) a statement of the public use for which the interest is taken;

(B) a description of the property sufficient to identify it;

(C) a statement of the interest in the property taken;

(D) a plan showing the interest taken; and

(E) a statement of the amount of money Amtrak estimates is just compensation for the interest.


(2) When the declaration is filed and the deposit is made under paragraph (1) of this subsection, title to the property vests in Amtrak in fee simple absolute or in the lesser interest shown in the declaration, and the right to the money vests in the person entitled to the money. When the declaration is filed, the court may decide—

(A) the time by which, and the terms under which, possession of the property is given to Amtrak; and

(B) the disposition of outstanding charges related to the property.


(3) After a hearing, the court shall make a finding on the amount that is just compensation for the interest in the property and enter judgment awarding that amount and interest on it. The rate of interest is 6 percent a year and is computed on the amount of the award less the amount deposited in the court from the date of taking to the date of payment.

(4) On application of a party, the court may order immediate payment of any part of the amount deposited in the court for the compensation to be awarded. If the award is more than the amount received, the court shall enter judgment against Amtrak for the deficiency.

(c) Authority To Condemn Rail Carrier Property Interests.—(1) If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an interest in property of a rail carrier necessary for intercity rail passenger transportation, Amtrak may apply to the Surface Transportation Board for an order establishing the need of Amtrak for the interest and requiring the carrier to convey the interest on reasonable terms, including just compensation. The need of Amtrak is deemed to be established, and the Board, after holding an expedited proceeding and not later than 120 days after receiving the application, shall order the interest conveyed unless the Board decides that—

(A) conveyance would impair significantly the ability of the carrier to carry out its obligations as a common carrier; and

(B) the obligations of Amtrak to provide modern, efficient, and economical rail passenger transportation can be met adequately by acquiring an interest in other property, either by sale or by exercising its right of eminent domain under subsection (a) of this section.


(2) If the amount of compensation is not determined by the date of the Board's order, the order shall require, as part of the compensation, interest at 6 percent a year from the date prescribed for the conveyance until the compensation is paid.

(3) Amtrak subsequently may reconvey to a third party an interest conveyed to Amtrak under this subsection or prior comparable provision of law if the Board decides that the reconveyance will carry out the purposes of this part, regardless of when the proceeding was brought (including a proceeding pending before a United States court on November 28, 1990).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 915; Pub. L. 112–141, div. C, title II, §32932(c)(2), July 6, 2012, 126 Stat. 829.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24311(a) 45:545(d)(1) (less words between 11th comma and proviso). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(d)(1); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550; restated Oct. 28, 1974, Pub. L. 93–496, §6, 88 Stat. 1528; Feb. 5, 1976, Pub. L. 94–210, §706(g), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.
24311(b)(1) 45:545(d)(1) (words between 11th comma and proviso).
  45:545(d)(2), (3) (1st sentence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(d)(2)–(5); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550.
24311(b)(2) 45:545(d)(3) (2d sentence), (5).
24311(b)(3) 45:545(d)(3) (3d, last sentences).
24311(b)(4) 45:545(d)(4).
24311(c) 45:562(d). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(d); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552; Feb. 5, 1976, Pub. L. 94–210, §706(h), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Nov. 28, 1990, Pub. L. 101–641, §9(a), 104 Stat. 4658.
  45:562 (note). Nov. 28, 1990, Pub. L. 101–641, §9(b), 104 Stat. 4658.

In subsection (a)(1), before clause (A), the words "the exercise of the right of" and "right-of-way, land, or other" are omitted as surplus.

In subsection (b)(1) and (2), the words "estate or" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be brought" are added, the words "any judicial district in which any piece of the property is located" are substituted for "any such court", and the words "under this subsection" are added, for clarity.

In subsection (b)(2), before clause (A), the words "When the declaration is filed and the deposit is made under paragraph (1) of this subsection" are substituted for "shall thereupon" for clarity. The word "immediately" is omitted as surplus. In clause (A), the words "possession of the property is given to Amtrak" are substituted for "the parties in possession are required to surrender possession to the Corporation" to eliminate unnecessary words. Clause (B) is substituted for 45:545(d)(5) (last sentence) to eliminate unnecessary words.

In subsection (b)(3), the words "of money" are omitted as surplus. The words "awarding that amount and interest on it" are substituted for "make an award and . . . accordingly. Such judgment shall include, as part of the just compensation awarded, interest" to eliminate unnecessary words. The words "of interest" are added for clarity. The words "finally . . . as the value of the property on the date of taking" and "on such date" are omitted as surplus.

In subsection (b)(4), the word "award" is substituted for "compensation finally awarded" for consistency and to eliminate unnecessary words. The words "of the money . . . by any person entitled to compensation" and "amount of the" are omitted as surplus.

In subsection (c)(1), before clause (A), the words "terms for", "at issue", "to the Corporation", "and conditions", "for the property", "in any event", "from the Corporation", and "to the Corporation on such reasonable terms and conditions as it may prescribe, including just compensation" are omitted as surplus. In clause (A), the words "of the property to the Corporation" are omitted as surplus. In clause (B), the words "either by sale or by exercising its right of eminent domain under subsection (a) of this section" are substituted for "which is available for sale on reasonable terms to the Corporation, or available to the Corporation by the exercise of its authority under section 545(d) of this title" for clarity and to eliminate unnecessary words.

In subsection (c)(3), the words "reconvey . . . an interest conveyed to Amtrak under this subsection or prior comparable provision of law" are substituted for "convey title or other interest in such property" for consistency in the revised title and to eliminate unnecessary words. The words "regardless of when the proceeding was brought" are substituted for section 9(b) (less words in parentheses) of the Independent Safety Board Act Amendments of 1990 (Public Law 101–641, 104 Stat. 4658) to eliminate unnecessary words.

Amendments

2012—Subsec. (c). Pub. L. 112–141, §32932(c)(2)(B), substituted "Board" for "Commission" wherever appearing.

Subsec. (c)(1). Pub. L. 112–141, §32932(c)(2)(A), substituted "Surface Transportation Board" for "Interstate Commerce Commission".

Subsec. (c)(2). Pub. L. 112–141, §32932(c)(2)(C), substituted "Board's" for "Commission's".

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§24312. Labor standards

(a) Prevailing Wages and Health and Safety Standards.—Amtrak shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed under an agreement made under section 24308(a) of this title will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. Amtrak may make such an agreement only after being assured that required labor standards will be maintained on the construction work. Health and safety standards prescribed by the Secretary under section 3704 of title 40 apply to all construction work performed under such an agreement, except for construction work performed by a rail carrier.

(b) Wage Rates.—Wage rates in a collective bargaining agreement negotiated under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed to comply with sections 3141–3144, 3146, and 3147 of title 40.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 916; Pub. L. 105–134, title I, §§101(f), 105(c), 121(a), Dec. 2, 1997, 111 Stat. 2572–2574; Pub. L. 107–217, §3(n)(4), Aug. 21, 2002, 116 Stat. 1302.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24312(a) 45:565(d). Oct. 30, 1970, Pub. L. 91–518, §405(d), 84 Stat. 1337.
24312(b) 45:565(e). Oct. 30, 1970, Pub. L. 91–518, §405(e), 84 Stat. 1337; Aug. 13, 1981, Pub. L. 97–35, §1177(b), 95 Stat. 692.

In subsection (a)(1), the words "take such action as may be necessary to", "the performance of", "with the assistance of funds received", "contract or", "at rates", and "adequate" are omitted as surplus.

In subsection (a)(2), the words "provided for" and "and pursuant to" are omitted as surplus.

In subsection (b)(1), the words "Except as provided in paragraph (2) of this subsection" are omitted as surplus.

References in Text

The Railway Labor Act, referred to in subsec. (b), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

Amendments

2002—Subsec. (a). Pub. L. 107–217, §3(n)(4)(A), substituted "sections 3141–3144, 3146, and 3147 of title 40" for "the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)" and "section 3704 of title 40" for "section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)".

Subsec. (b). Pub. L. 107–217, §3(n)(4)(B), substituted "sections 3141–3144, 3146, and 3147 of title 40" for "the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)".

1997—Subsec. (a)(1). Pub. L. 105–134, §121(a)(2), redesignated par. (1) as subsec. (a).

Pub. L. 105–134, §§101(f), 105(c), struck out ", 24701(a), or 24704(b)(2)" after "24308(a)".

Subsec. (a)(2). Pub. L. 105–134, §121(a)(3), redesignated par. (2) as subsec. (b).

Subsec. (b). Pub. L. 105–134, §121(a)(1), (3), redesignated subsec. (a)(2) as (b), inserted heading, and struck out former subsec. (b), which read as follows:

"(b) Contracting Out.—(1) Amtrak may not contract out work normally performed by an employee in a bargaining unit covered by a contract between a labor organization and Amtrak or a rail carrier that provided intercity rail passenger transportation on October 30, 1970, if contracting out results in the layoff of an employee in the bargaining unit.

"(2) This subsection does not apply to food and beverage services provided on trains of Amtrak."

Contracting Out

Pub. L. 105–134, title I, §121(b)–(d), Dec. 2, 1997, 111 Stat. 2574, 2575, provided that:

"(b) Amendment of Existing Collective Bargaining Agreement.—

"(1) Contracting out.—Any collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees before the date of enactment of this Act [Dec. 2, 1997] is deemed amended to include the language of section 24312(b) of title 49, United States Code, as that section existed on the day before the effective date [Dec. 2, 1997] of the amendments made by subsection (a) [amending this section].

"(2) Enforceability of amendment.—The amendment to any such collective bargaining agreement deemed to be made by paragraph (1) of this subsection is binding on all parties to the agreement and has the same effect as if arrived at by agreement of the parties under the Railway Labor Act [45 U.S.C. 151 et seq.].

"(c) Contracting-out Issues To Be Included in Negotiations.—Proposals on the subject matter of contracting out work, other than work related to food and beverage service, which results in the layoff of an Amtrak employee—

"(1) shall be included in negotiations under section 6 of the Railway Labor Act (45 U.S.C. 156) between Amtrak and an organization representing Amtrak employees, which shall be commenced by—

"(A) the date on which labor agreements under negotiation on the date of enactment of this Act [Dec. 2, 1997] may be re-opened; or

"(B) November 1, 1999,

whichever is earlier;

"(2) may, at the mutual election of Amtrak and an organization representing Amtrak employees, be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act; and

"(3) may not be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act, unless both Amtrak and the organization representing Amtrak employees agree to include it in the negotiation.

No contract between Amtrak and an organization representing Amtrak employees, that is under negotiation on the date of enactment of this Act, may contain a moratorium that extends more than 5 years from the date of expiration of the last moratorium.

"(d) No Inference.—The amendment made by subsection (a)(1) [amending this section] is without prejudice to the power of Amtrak to contract out the provision of food and beverage services on board Amtrak trains or to contract out work not resulting in the layoff of Amtrak employees."

§24313. Rail safety system program

In consultation with rail labor organizations, Amtrak shall maintain a rail safety system program for employees working on property owned by Amtrak. The program shall be a model for other rail carriers to use in developing safety programs. The program shall include—

(1) periodic analyses of accident information, including primary and secondary causes;

(2) periodic evaluations of the activities of the program, particularly specific steps taken in response to an accident;

(3) periodic reports on amounts spent for occupational health and safety activities of the program;

(4) periodic reports on reduced costs and personal injuries because of accident prevention activities of the program;

(5) periodic reports on direct accident costs, including claims related to accidents; and

(6) reports and evaluations of other information Amtrak considers appropriate.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 917.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24313 45:646. Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §807; added Oct. 5, 1978, Pub. L. 95–421, §13, 92 Stat. 929.

In this section, before clause (1), the words "No later than January 1, 1979" are omitted as executed. The word "maintain" is substituted for "develop and implement" for clarity. The words "designed to serve as" and "required under this section" are omitted as surplus. In clause (1), the words "if known" are omitted as surplus. In clause (2), the words "undertaken" and "causes" are omitted as surplus. In clauses (3)–(6), the word "reports" is substituted for "identification" for clarity. In clause (3), the word "included" is omitted as surplus. In clause (4), the words "personal injuries" are substituted for "fatalities, and casualties" for consistency in the revised title. The word "activities" is added for clarity. In clause (6), the words "or data" and "necessary or" are omitted as surplus.

[§24314. Repealed. Pub. L. 105–134, title IV, §404, Dec. 2, 1997, 111 Stat. 2586]

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 917; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393, related to Amtrak developing plan for demonstrating new technology that may increase train speed in intercity rail passenger system.

§24315. Reports and audits

(a) Amtrak Annual Operations Report.—Not later than February 15 of each year, Amtrak shall submit to Congress a report that—

(1) for each route on which Amtrak provided intercity rail passenger transportation during the prior fiscal year, includes information on—

(A) ridership;

(B) passenger-miles;

(C) the short-term avoidable profit or loss for each passenger-mile;

(D) the revenue-to-cost ratio;

(E) revenues;

(F) the United States Government subsidy;

(G) the subsidy not provided by the United States Government; and

(H) on-time performance;


(2) provides relevant information about a decision to pay an officer of Amtrak more than the rate for level I of the Executive Schedule under section 5312 of title 5; and

(3) specifies—

(A) significant operational problems Amtrak identifies; and

(B) proposals by Amtrak to solve those problems.


(b) Amtrak General and Legislative Annual Report.—(1) Not later than February 15 of each year, Amtrak shall submit to the President and Congress a complete report of its operations, activities, and accomplishments, including a statement of revenues and expenditures for the prior fiscal year. The report—

(A) shall include a discussion and accounting of Amtrak's success in meeting the goal of section 24902(b) 1 of this title; and

(B) may include recommendations for legislation, including the amount of financial assistance needed for operations and capital improvements, the method of computing the assistance, and the sources of the assistance.


(2) Amtrak may submit reports to the President and Congress at other times Amtrak considers desirable.

(c) Secretary's Report on Effectiveness of This Part.—The Secretary of Transportation shall prepare a report on the effectiveness of this part in meeting the requirements for a balanced transportation system in the United States. The report may include recommendations for legislation. The Secretary shall include this report as part of the annual report the Secretary submits under section 308(a) of this title.

(d) Independent Audits.—An independent certified public accountant shall audit the financial statements of Amtrak each year. The audit shall be carried out at the place at which the financial statements normally are kept and under generally accepted auditing standards. A report of the audit shall be included in the report required by subsection (a) of this section.

(e) Comptroller General Audits.—The Comptroller General may conduct performance audits of the activities and transactions of Amtrak. Each audit shall be conducted at the place at which the Comptroller General decides and under generally accepted management principles. The Comptroller General may prescribe regulations governing the audit.

(f) Availability of Records and Property of Amtrak and Rail Carriers.—Amtrak and, if required by the Comptroller General, a rail carrier with which Amtrak has made a contract for intercity rail passenger transportation shall make available for an audit under subsection (d) or (e) of this section all records and property of, or used by, Amtrak or the carrier that are necessary for the audit. Amtrak and the carrier shall provide facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. Amtrak and the carrier may keep all reports and property.

(g) Comptroller General's Report to Congress.—The Comptroller General shall submit to Congress a report on each audit, giving comments and information necessary to inform Congress on the financial operations and condition of Amtrak and recommendations related to those operations and conditions. The report also shall specify any financial transaction or undertaking the Comptroller General considers is carried out without authority of law. When the Comptroller General submits a report to Congress, the Comptroller General shall submit a copy of it to the President, the Secretary, and Amtrak at the same time.

(h) Access to Records and Accounts.—A State shall have access to Amtrak's records, accounts, and other necessary documents used to determine the amount of any payment to Amtrak required of the State.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 918; Pub. L. 105–134, title II, §206, Dec. 2, 1997, 111 Stat. 2584.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
24315(a) 45:548(a). Oct. 30, 1970, Pub. L. 91–518, §308(a), 84 Stat. 1333; June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 228; Sept. 29, 1979, Pub. L. 96–73, §113, 93 Stat. 542; Aug. 13, 1981, Pub. L. 97–35, §1180(a), 95 Stat. 693; restated Apr. 7, 1986, Pub. L. 99–272, §4005, 100 Stat. 107; June 22, 1988, Pub. L. 100–342, §18(d), 102 Stat. 637.
24315(b) 45:548(b). Oct. 30, 1970, Pub. L. 91–518, §308(b), 84 Stat. 1333; restated June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 229; Nov. 3, 1973, Pub. L. 93–146, §8, 87 Stat. 551; May 26, 1975, Pub. L. 94–25, §4(a), 89 Stat. 90.
  45:851(d)(2). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §701(d)(2); added May 30, 1980, Pub. L. 96–254, §205, 94 Stat. 412.
24315(c) 45:548(c). Oct. 30, 1970, Pub. L. 91–518, §308(c), 84 Stat. 1333; restated June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 229; May 26, 1975, Pub. L. 94–25, §4(b), 89 Stat. 90; Aug. 13, 1981, Pub. L. 97–35, §1180(b), 95 Stat. 693.
24315(d) 45:644(1)(A) (1st, 2d sentences), (B). Oct. 30, 1970, Pub. L. 91–518, §805(1), 84 Stat. 1340.
24315(e) 45:644(2)(A) (1st, 2d sentences). Oct. 30, 1970, Pub. L. 91–518, §805(2)(A), 84 Stat. 1340; Oct. 28, 1974, Pub. L. 93–496, §11, 88 Stat. 1531; Apr. 7, 1986, Pub. L. 99–272, §4007(a), 100 Stat. 108.
24315(f) 45:644(1)(A) (last sentence), (2)(A) (3d, last sentences).
  45:644(2)(B). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §805(2)(B); added June 22, 1972, Pub. L. 92–316, §11(2), 86 Stat. 233; Apr. 7, 1986, Pub. L. 99–272, §4007(a)(2), 100 Stat. 108.
24315(g) 45:644(2)(C). Oct. 30, 1970, Pub. L. 91–518, §805(2)(C), 84 Stat. 1340; June 22, 1972, Pub. L. 92–316, §11(2), 86 Stat. 233.

In subsection (a)(2), the words "to . . . compensation" and "prescribed" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "(beginning with 1973)" are omitted as executed. The word "complete" is substituted for "comprehensive and detailed" to eliminate unnecessary words. The words "under this chapter" are omitted as surplus. The word "revenues" is substituted for "receipts" for consistency. In clause (B), the words "may include recommendations for legislation" are substituted for "At the time of its annual report, the Corporation shall submit such legislative recommendations as it deems desirable", the words "the method of computing the assistance" are substituted for "the manner and form in which the amount of such assistance should be computed", and the words "of the assistance" are substituted for "from which such assistance should be derived", to eliminate unnecessary words.

In subsection (c), the words "(beginning with 1974)" are omitted as executed. The word "prepare" is substituted for "transmit to the President and to the Congress by March 15 of each year" for clarity because the report is now part of the annual report under 49:308(a). The words "Beginning in 1976" are omitted as executed. The word "Secretary" is substituted for "Department of Transportation" because of 49:102(b). The words "submits under section 308(a) of this title" are substituted for "to the Congress" for clarity.

In subsection (d), the words "independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States" are omitted as obsolete because only certified public accountants are used for the audit. Only noncertified public accountants licensed before December 30, 1970, who were already conducting audits were allowed to continue. The words "or places" are omitted because of 1:1. The words "financial statements" are substituted for "accounts" because audits are performed on financial statements, not accounts. The words "independent" and "annual" are omitted as surplus. The text of 45:644(1)(B) (last sentence) is omitted as surplus because those requirements are included in "generally accepted auditing standards".

In subsection (e), the word "rules" is omitted as being synonymous with "regulations". The words "or places" are omitted because of 1:1. The word "appropriate" is omitted as surplus.

In subsection (f), the words "if required" are substituted for "To the extent . . . deems necessary" to eliminate unnecessary words. The words "the person conducting", "The representatives of the Comptroller General", "his representatives", "as he may make of the financial transactions of the Corporation", "things, or", and "full" are omitted as surplus. The words "may keep" are substituted for "shall remain in possession and custody of" and "shall remain in the possession and custody of" to eliminate unnecessary words.

In subsection (g), the word "giving" is substituted for "The report to the Congress shall contain such" to eliminate unnecessary words. The words "as the Comptroller General may deem", "as he may deem advisable", "program, expenditure or other", "observed in the course of the audit", and "or made" are omitted as surplus.

References in Text

Section 24902(b) of this title, referred to in subsec. (b)(1)(A), was redesignated section 24902(a) and section 24902(e) was redesignated section 24902(b) by Pub. L. 105–134, title IV, §405(b)(1)(A), Dec. 2, 1997, 111 Stat. 2586.

Amendments

1997—Subsec. (h). Pub. L. 105–134 added subsec. (h).

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsecs. (a), (b)(1), (c), and (d) of this section relating to requirements to submit regular periodic reports to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 3rd item on page 176 and the 6th and 7th items on page 204 of House Document No. 103–7.

Funding for Valuation of Amtrak's Assets

Pub. L. 108–447, div. H, title I, Dec. 8, 2004, 118 Stat. 3221, provided in part: "That the Secretary of Transportation is authorized to retain up to $4,000,000 of the funds provided to be used to retain a consultant or consultants to assist the Secretary in preparing a comprehensive valuation of Amtrak's assets to be completed not later than September 30, 2005: Provided further, That these funds shall be available to the Secretary of Transportation until expended: Provided further, That this valuation shall to be used to retain a consultant or consultants to develop to the Secretary's satisfaction a methodology for determining the avoidable and fully allocated costs of each Amtrak route: Provided further, That once the Secretary has approved the methodology for determining the avoidable and fully allocated costs of each Amtrak route, Amtrak shall apply that methodology in compiling an annual report to Congress on the avoidable and fully allocated costs of each of its routes, with the initial report for fiscal year 2005 to be submitted to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation before December 31, 2005, and each subsequent report to be submitted within 90 days after the end of the fiscal year to which the report pertains."

Reports on Operating Losses

Pub. L. 108–7, div. I, title III, §350, Feb. 20, 2003, 117 Stat. 419, provided that: "On February 15, 2003, and on each year thereafter, the National Railroad Passenger Corporation shall submit to the appropriate Congressional Committees a report detailing the per passenger operating loss on each rail line."

Amtrak To Notify Congress of Lobbying Relationships

Pub. L. 105–134, title IV, §414, Dec. 2, 1997, 111 Stat. 2589, provided that: "If, at any time, during a fiscal year in which Amtrak receives Federal assistance, Amtrak enters into a consulting contract or similar arrangement, or a contract for lobbying, with a lobbying firm, an individual who is a lobbyist, or who is affiliated with a lobbying firm, as those terms are defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), Amtrak shall notify the United States Senate Committee on Commerce, Science, and Transportation, and the United States House of Representatives Committee on Transportation and Infrastructure of—

"(1) the name of the individual or firm involved;

"(2) the purpose of the contract or arrangement; and

"(3) the amount and nature of Amtrak's financial obligation under the contract.

This section applies only to contracts, renewals or extensions of contracts, or arrangements entered into after the date of the enactment of this Act [Dec. 2, 1997]."

1 See References in Text note below.

§24316. Plans to address needs of families of passengers involved in rail passenger accidents

(a) Submission of Plan.—Not later than 6 months after the date of the enactment of the Rail Safety Improvement Act of 2008, a rail passenger carrier shall submit to the Chairman of the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a rail passenger carrier intercity train and resulting in a major loss of life.

(b) Contents of Plans.—A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the following:

(1) A process by which a rail passenger carrier will maintain and provide to the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident.

(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1139(a)(2) of this title or the services of other suitably trained individuals.

(3) A plan for creating and publicizing a reliable, toll-free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers.

(4) A process for providing the notice described in paragraph (2) to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified).

(5) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger's name appeared on any preliminary passenger manifest for the train involved in the accident.

(6) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier and by which any possession of the passenger within the control of the rail passenger carrier (regardless of its condition)—

(A) will be retained by the rail passenger carrier for at least 18 months; and

(B) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.


(7) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers.

(8) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.

(9) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument.

(10) An assurance that the rail passenger carrier will work with any organization designated under section 1139(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.

(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1139(a)(2) of this title for services provided by the organization.


(c) Use of Information.—Neither the National Transportation Safety Board, the Secretary of Transportation, the Secretary of Homeland Security, nor a rail passenger carrier may release to the public any personal information on a list obtained under subsection (b)(1), but may provide information on the list about a passenger to the passenger's family members to the extent that the Board or a rail passenger carrier considers appropriate.

(d) Limitation on Statutory Construction.—

(1) Rail passenger carriers.—Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.

(2) Investigational authority of board and secretary.—Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including the development of information regarding the nature of injuries sustained and the manner in which they were sustained, for the purpose of determining compliance with existing laws and regulations or identifying means of preventing similar injuries in the future.


(e) Limitation on Liability.—A rail passenger carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was caused by conduct of the rail passenger carrier which was grossly negligent or which constituted intentional misconduct.

(f) Definitions.—In this section, the terms "passenger" and "rail passenger accident" have the meaning given those terms by section 1139 of this title.

(g) Funding.—Out of funds appropriated pursuant to section 20117(a)(1)(A), there shall be made available to the Secretary of Transportation $500,000 for fiscal year 2010 to carry out this section. Amounts made available pursuant to this subsection shall remain available until expended.

(Added Pub. L. 110–432, div. A, title V, §502(a), Oct. 16, 2008, 122 Stat. 4897.)

References in Text

The date of the enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

§24317. Accounts

(a) Purpose.—The purpose of this section is to—

(1) promote the effective use and stewardship by Amtrak of Amtrak revenues, Federal, State, and third party investments, appropriations, grants and other forms of financial assistance, and other sources of funds; and

(2) enhance the transparency of the assignment of revenues and costs among Amtrak business lines while ensuring the health of the Northeast Corridor and National Network.


(b) Account Structure.—Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation, in consultation with Amtrak, shall define an account structure and improvements to accounting methodologies, as necessary, to support, at a minimum, the Northeast Corridor and the National Network.

(c) Financial Sources.—In defining the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns the following:

(1) For the Northeast Corridor account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the Northeast Corridor, including—

(A) grant funds appropriated for the Northeast Corridor pursuant to section 11101(a) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;

(B) compensation received from commuter rail passenger transportation providers for such providers' share of capital and operating costs on the Northeast Corridor provided to Amtrak pursuant to section 24905(c); and

(C) any operating surplus of the Northeast Corridor, as allocated pursuant to section 24318.


(2) For the National Network account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the National Network, including—

(A) grant funds appropriated for the National Network pursuant to section 11101(b) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;

(B) compensation received from States provided to Amtrak pursuant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (42 U.S.C. 24101 note); 1 and

(C) any operating surplus of the National Network, as allocated pursuant to section 24318.


(d) Financial Uses.—In defining the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and National Network accounts shall be used by Amtrak for the following:

(1) For the Northeast Corridor, all associated costs, including—

(A) operating activities;

(B) capital activities as described in section 24904(a)(2)(E);

(C) acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services;

(D) payment of principal and interest on loans for capital projects described in this paragraph or for capital leases attributable to the Northeast Corridor;

(E) other capital projects on the Northeast Corridor, determined appropriate by the Secretary, and consistent with section 24905(c)(1)(A)(i); and

(F) if applicable, capital projects described in section 24904(b).


(2) For the National Network, all associated costs, including—

(A) operating activities;

(B) capital activities; and

(C) the payment of principal and interest on loans or capital leases attributable to the National Network.


(e) Implementation and Reporting.—

(1) In general.—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak, in consultation with the Secretary, shall implement any account structures and improvements defined under subsection (b) so that Amtrak is able to produce profit and loss statements for each of the business lines described in section 24320(b)(1) and, as appropriate, each of the asset categories described in section 24320(c)(1) that identify sources and uses of—

(A) revenues;

(B) appropriations; and

(C) transfers between business lines.


(2) Updated profit and loss statements.—Not later than 1 month after the implementation under paragraph (1), and monthly thereafter, Amtrak shall submit updated profit and loss statements for each of the business lines and asset categories to the Secretary.


(f) Account Management.—For the purposes of account management, Amtrak may transfer funds between the Northeast Corridor account and National Network account without prior notification and approval under subsection (g) if such transfers—

(1) do not materially impact Amtrak's ability to achieve its anticipated financial, capital, and operating performance goals for the fiscal year; and

(2) would not materially change any grant agreement entered into pursuant to section 24319(d), or other agreements made pursuant to applicable Federal law.


(g) Transfer Authority.—

(1) In general.—If Amtrak determines that a transfer between the accounts defined under subsection (b) does not meet the account management standards established under subsection (f), Amtrak may transfer funds between the Northeast Corridor and National Network accounts if—

(A) Amtrak notifies the Amtrak Board of Directors, including the Secretary, at least 10 days prior to the expected date of transfer; and

(B) solely for a transfer that will materially change a grant agreement, the Secretary approves.


(2) Report.—Not later than 5 days after the Amtrak Board of Directors receives notification from Amtrak under paragraph (1)(A), the Board shall transmit to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, a report that includes—

(A) the amount of the transfer; and

(B) a detailed explanation of the reason for the transfer, including—

(i) the effects on Amtrak services funded by the account from which the transfer is drawn, in comparison to a scenario in which no transfer was made; and

(ii) the effects on Amtrak services funded by the account receiving the transfer, in comparison to a scenario in which no transfer was made.


(3) Notifications.—Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a transfer under paragraph (1) to or from an account, Amtrak shall transmit to the State-Supported Route Committee and Northeast Corridor Commission a letter that includes the information described under subparagraphs (A) and (B) of paragraph (2).


(h) Report.—Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall submit to the Secretary a report assessing the account and reporting structure established under this section and providing any recommendations for further action. Not later than 180 days after the date of receipt of such report, the Secretary shall provide an assessment that supplements Amtrak's report and submit the Amtrak report with the supplemental assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(i) Definition of Northeast Corridor.—Notwithstanding section 24102, for purposes of this section, the term "Northeast Corridor" means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.

(Added Pub. L. 114–94, div. A, title XI, §11201(a), Dec. 4, 2015, 129 Stat. 1625.)

References in Text

The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsecs. (b), (e)(1), and (h), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.

Section 11101 of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (c)(1)(A), (2)(A), is section 11101 of title XI of div. A of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1622, which is not classified to the Code.

Section 209 of the Passenger Rail Investment and Improvement Act of 2008 (42 U.S.C. 24101 note), referred to in subsec. (c)(2)(B), probably means section 209 of div. B of Pub. L. 110–432, which is set out as a note under section 24101 of this title.

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

1 See References in Text note below.

§24318. Costs and revenues

(a) Allocation.—Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall establish and maintain internal controls to ensure Amtrak's costs, revenues, and other compensation are appropriately allocated to the Northeast Corridor, including train services or infrastructure, or the National Network, including proportional shares of common and fixed costs.

(b) Rule of Construction.—Nothing in this section shall be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

(c) Definition of Northeast Corridor.—Notwithstanding section 24102, for purposes of this section, the term "Northeast Corridor" means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.

(Added Pub. L. 114–94, div. A, title XI, §11202(a), Dec. 4, 2015, 129 Stat. 1628.)

References in Text

The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (a), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.

Section 209 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (b), is section 209 of div. B of Pub. L. 110–432, which is set out as a note under section 24101 of this title.

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§24319. Grant process

(a) Procedures for Grant Requests.—Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish and transmit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives substantive and procedural requirements, including schedules, for grant requests under this section.

(b) Grant Requests.—Amtrak shall transmit to the Secretary grant requests for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak.

(c) Contents.—A grant request under subsection (b) shall, as applicable—

(1) describe projected operating and capital costs for the upcoming fiscal year for Northeast Corridor activities, including train services and infrastructure, and National Network activities, including State-supported routes and long-distance routes, in comparison to prior fiscal year actual financial performance;

(2) describe the capital projects to be funded, with cost estimates and an estimated timetable for completion of the projects covered by the request;

(3) assess Amtrak's financial condition; and

(4) describe the status of efforts to improve safety and security on the Northeast Corridor main line, including a description of any efforts to implement recommendations of relevant railroad safety advisory committees.


(d) Review and Approval.—

(1) Thirty-day approval process.—

(A) In general.—Not later than 30 days after the date that Amtrak submits a grant request under this section, the Secretary of Transportation shall complete a review of the request and provide notice to Amtrak that—

(i) the request is approved; or

(ii) the request is disapproved, including the reason for the disapproval and an explanation of any incomplete or deficient items.


(B) Grant agreement.—If a grant request is approved, the Secretary shall enter into a grant agreement with Amtrak.


(2) Fifteen-day modification period.—Not later than 15 days after the date of a notice under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary's review.

(3) Modified requests.—Not later than 15 days after the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.


(e) Payments to Amtrak.—

(1) In general.—A grant agreement entered into under subsection (d) shall specify the operations, services, and other activities to be funded by the grant. The grant agreement shall include provisions, consistent with the requirements of this chapter, to measure Amtrak's performance and ensure accountability in delivering the operations, services, or activities to be funded by the grant.

(2) Schedule.—Except as provided in paragraph (3), in each fiscal year for which amounts are appropriated to the Secretary for the use of Amtrak, and for which the Secretary and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak on the following schedule:

(A) 50 percent on October 1.

(B) 25 percent on January 1.

(C) 25 percent on April 1.


(3) Exceptions.—The Secretary may make a payment to Amtrak of appropriated funds—

(A) more frequently than the schedule under paragraph (2) if Amtrak, for good cause, requests more frequent payment before the end of a payment period; or

(B) with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations Act for the duration of a fiscal year.


(f) Availability of Amounts and Early Appropriations.—Amounts appropriated to the Secretary for the use of Amtrak shall remain available until expended. Amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated.

(g) Limitations on Use.—Amounts appropriated to the Secretary for the use of Amtrak may not be used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation.

(h) Definition of Northeast Corridor.—Notwithstanding section 24102, for purposes of this section, the term "Northeast Corridor" means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.

(Added Pub. L. 114–94, div. A, title XI, §11202(a), Dec. 4, 2015, 129 Stat. 1628; amended Pub. L. 115–420, §4(b)(1), Jan. 3, 2019, 132 Stat. 5444.)

References in Text

The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (a), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.

Amendments

2019—Subsec. (c)(4). Pub. L. 115–420 added par. (4).

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

Construction of 2019 Amendment

Pub. L. 115–420, §4(b)(2), Jan. 3, 2019, 132 Stat. 5444, provided that: "Nothing in this subsection [amending this section] or an amendment made by this subsection shall affect a grant request made under section 24319 of title 49, United States Code, before the date of enactment of this Act [Jan. 3, 2019]."

§24320. Amtrak 5-year business line and asset plans

(a) In General.—

(1) Final plans.—Not later than February 15 of each year, Amtrak shall submit to Congress and the Secretary of Transportation final 5-year business line plans and 5-year asset plans prepared in accordance with this section. These final plans shall form the basis for Amtrak's general and legislative annual report to the President and Congress required by section 24315(b). Each plan shall cover a period of 5 fiscal years, beginning with the first fiscal year after the date on which the plan is completed.

(2) Fiscal constraint.—Each plan prepared under this section shall be based on funding levels authorized or otherwise available to Amtrak in a fiscal year. In the absence of an authorization or appropriation of funds for a fiscal year, the plans shall be based on the amount of funding available in the previous fiscal year, plus inflation. Amtrak may include an appendix to the asset plan required in subsection (c) that describes any funding needs in excess of amounts authorized or otherwise available to Amtrak in a fiscal year.


(b) Amtrak 5-Year Business Line Plans.—

(1) Amtrak business lines.—Amtrak shall prepare a 5-year business line plan for each of the following business lines and services:

(A) Northeast Corridor train services.

(B) State-supported routes operated by Amtrak.

(C) Long-distance routes operated by Amtrak.

(D) Ancillary services operated by Amtrak, including commuter operations and other revenue generating activities as determined by the Secretary in coordination with Amtrak.


(2) Contents of 5-year business line plans.—The 5-year business line plan for each business line shall include, at a minimum—

(A) a statement of Amtrak's objectives, goals, and service plan for the business line, in consultation with any entities that are contributing capital or operating funding to support passenger rail services within those business lines, and aligned with Amtrak's Strategic Plan and 5-year asset plans under subsection (c);

(B) all projected revenues and expenditures for the business line, including identification of revenues and expenditures incurred by—

(i) passenger operations;

(ii) non-passenger operations that are directly related to the business line; and

(iii) governmental funding sources, including revenues and other funding received from States;


(C) projected ridership levels for all passenger operations;

(D) estimates of long-term and short-term debt and associated principal and interest payments (both current and forecasts);

(E) annual profit and loss statements and forecasts and balance sheets;

(F) annual cash flow forecasts;

(G) a statement describing the methodologies and significant assumptions underlying estimates and forecasts;

(H) specific performance measures that demonstrate year over year changes in the results of Amtrak's operations;

(I) financial performance for each route within each business line, including descriptions of the cash operating loss or contribution and productivity for each route;

(J) specific costs and savings estimates resulting from reform initiatives;

(K) prior fiscal year and projected equipment reliability statistics; and

(L) an identification and explanation of any major adjustments made from previously-approved plans.


(3) 5-year business line plans process.—In meeting the requirements of this section, Amtrak shall—

(A) consult with the Secretary in the development of the business line plans;

(B) for the Northeast Corridor business line plan, consult with the Northeast Corridor Commission and transmit to the Commission the final plan under subsection (a)(1), and consult with other entities, as appropriate;

(C) for the State-supported route business line plan, consult with the State-Supported Route Committee established under section 24712;

(D) for the long-distance route business line plan, consult with any States or Interstate Compacts that provide funding for such routes, as appropriate;

(E) ensure that Amtrak's general and legislative annual report, required under section 24315(b), to the President and Congress is consistent with the information in the 5-year business line plans; and

(F) identify the appropriate Amtrak officials that are responsible for each business line.


(4) Definition of northeast corridor.—Notwithstanding section 24102, for purposes of this section, the term "Northeast Corridor" means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.


(c) Amtrak 5-Year Asset Plans.—

(1) Asset categories.—Amtrak shall prepare a 5-year asset plan for each of the following asset categories:

(A) Infrastructure, including all Amtrak-controlled Northeast Corridor assets and other Amtrak-owned infrastructure, and the associated facilities that support the operation, maintenance, and improvement of those assets.

(B) Passenger rail equipment, including all Amtrak-controlled rolling stock, locomotives, and mechanical shop facilities that are used to overhaul equipment.

(C) Stations, including all Amtrak-controlled passenger rail stations and elements of other stations for which Amtrak has legal responsibility or intends to make capital investments.

(D) National assets, including national reservations, security, training and training centers, and other assets associated with Amtrak's national rail passenger transportation system.


(2) Contents of 5-year asset plans.—Each asset plan shall include, at a minimum—

(A) a summary of Amtrak's 5-year strategic plan for each asset category, including goals, objectives, any relevant performance metrics, and statutory or regulatory actions affecting the assets;

(B) an inventory of existing Amtrak capital assets, to the extent practicable, including information regarding shared use or ownership, if applicable;

(C) a prioritized list of proposed capital investments that—

(i) categorizes each capital project as being primarily associated with—

(I) normalized capital replacement;

(II) backlog capital replacement;

(III) improvements to support service enhancements or growth;

(IV) strategic initiatives that will improve overall operational performance, lower costs, or otherwise improve Amtrak's corporate efficiency; or

(V) statutory, regulatory, or other legal mandates;


(ii) identifies each project or program that is associated with more than 1 category described in clause (i); and

(iii) describes the anticipated business outcome of each project or program identified under this subparagraph, including an assessment of—

(I) the potential effect on passenger operations, safety, reliability, and resilience;

(II) the potential effect on Amtrak's ability to meet regulatory requirements if the project or program is not funded; and

(III) the benefits and costs; and


(D) annual profit and loss statements and forecasts and balance sheets for each asset category.


(3) 5-year asset plan process.—In meeting the requirements of this subsection, Amtrak shall—

(A) consult with each business line described in subsection (b)(1) in the preparation of each 5-year asset plan and ensure integration of each 5-year asset plan with the 5-year business line plans;

(B) as applicable, consult with the Northeast Corridor Commission, the State-Supported Route Committee, and owners of assets affected by 5-year asset plans; and

(C) identify the appropriate Amtrak officials that are responsible for each asset category.


(4) Evaluation of national assets costs.—The Secretary shall—

(A) evaluate the costs and scope of all national assets; and

(B) determine the activities and costs that are—

(i) required in order to ensure the efficient operations of a national rail passenger system;

(ii) appropriate for allocation to 1 of the other Amtrak business lines; and

(iii) extraneous to providing an efficient national rail passenger system or are too costly relative to the benefits or performance outcomes they provide.


(5) Definition of national assets.—In this section, the term "national assets" means the Nation's core rail assets shared among Amtrak services, including national reservations, security, training and training centers, and other assets associated with Amtrak's national rail passenger transportation system.

(6) Restructuring of national assets.—Not later than 1 year after the date of completion of the evaluation under paragraph (4), the Administrator of the Federal Railroad Administration, in consultation with the Amtrak Board of Directors, the governors of each relevant State, and the Mayor of the District of Columbia, or their designees, shall restructure or reallocate, or both, the national assets costs in accordance with the determination under that section, including making appropriate updates to Amtrak's cost accounting methodology and system.

(7) Exemption.—

(A) In general.—Upon written request from the Amtrak Board of Directors, the Secretary may exempt Amtrak from including in a plan required under this subsection any information described in paragraphs (1) and (2).

(B) Public availability.—The Secretary shall make available to the public on the Department's Internet Web site any exemption granted under subparagraph (A) and a detailed justification for granting such exemption.

(C) Inclusion in plan.—Amtrak shall include in the plan required under this subsection any request granted under subparagraph (A) and justification under subparagraph (B).


(d) Standards to Promote Financial Stability.—In preparing plans under this section, Amtrak shall—

(1) apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices; and

(2) use the categories specified in the financial accounting and reporting system developed under section 203 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

(Added Pub. L. 114–94, div. A, title XI, §11203(a), Dec. 4, 2015, 129 Stat. 1630.)

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

Pub. L. 114–94, div. A, title XI, §11203(b), Dec. 4, 2015, 129 Stat. 1634, provided that: "The requirement for Amtrak to submit 5-year business line plans under section 24320(a)(1) of title 49, United States Code, shall take effect on February 15, 2017, the due date of the first business line plans. The requirement for Amtrak to submit 5-year asset plans under section 24320(a)(1) of such title shall take effect on February 15, 2019, the due date of the first asset plans."

Elimination of Duplicative Reporting

Pub. L. 114–94, div. A, title XI, §11215, Dec. 4, 2015, 129 Stat. 1644, provided that: "Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall—

"(1) review existing Amtrak reporting requirements and identify where the existing requirements are duplicative with the business line and asset plans required by section 24320 of title 49, United States Code, or any other planning or reporting requirements under Federal law or regulation;

"(2) if the duplicative requirements identified under paragraph (1) are administrative, eliminate such requirements; and

"(3) submit to Congress a report with any recommendations for repealing any other duplicative requirements."

§24321. Food and beverage reform

(a) Plan.—Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall develop and begin implementing a plan to eliminate, within 5 years of such date of enactment, the operating loss associated with providing food and beverage service on board Amtrak trains.

(b) Considerations.—In developing and implementing the plan, Amtrak shall consider a combination of cost management and revenue generation initiatives, including—

(1) scheduling optimization;

(2) on-board logistics;

(3) product development and supply chain efficiency;

(4) training, awards, and accountability;

(5) technology enhancements and process improvements; and

(6) ticket revenue allocation.


(c) Savings Clause.—Amtrak shall ensure that no Amtrak employee holding a position as of the date of enactment of the Passenger Rail Reform and Investment Act of 2015 is involuntarily separated because of—

(1) the development and implementation of the plan required under subsection (a); or

(2) any other action taken by Amtrak to implement this section.


(d) Report.—Not later than 120 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, and annually thereafter for 5 years, Amtrak shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the plan developed pursuant to subsection (a) and a description of progress in the implementation of the plan.

(Added Pub. L. 114–94, div. A, title XI, §11207(a), Dec. 4, 2015, 129 Stat. 1638; amended Pub. L. 116–159, div. B, title I, §1104(a), Oct. 1, 2020, 134 Stat. 727.)

References in Text

The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsecs. (a), (c), and (d), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.

Amendments

2020—Subsecs. (d), (e). Pub. L. 116–159 redesignated subsec. (e) as (d) and struck out former subsec. (d). Text read as follows: "Beginning on the date that is 5 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, no Federal funds may be used to cover any operating loss associated with providing food and beverage service on a route operated by Amtrak or a rail carrier that operates a route in lieu of Amtrak pursuant to section 24711."

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§24322. Rolling stock purchases

(a) In General.—Prior to entering into any contract in excess of $100,000,000 for rolling stock and locomotive procurements Amtrak shall submit a business case analysis to the Secretary of Transportation, the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, on the utility of such procurements.

(b) Contents.—The business case analysis shall—

(1) include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors;

(2) set forth the total payments by fiscal year;

(3) identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding;

(4) include an explanation of whether any payment under the contract will increase Amtrak's funding request in its general and legislative annual report required under section 24315(b) in a particular fiscal year; and

(5) describe how Amtrak will adjust the procurement if future funding is not available.


(c) Rule of Construction.—Nothing in this section shall be construed as requiring Amtrak to disclose confidential information regarding a potential vendor's proposed pricing or other sensitive business information prior to contract execution or prohibiting Amtrak from entering into a contract after submission of a business case analysis under subsection (a).

(Added Pub. L. 114–94, div. A, title XI, §11208(a), Dec. 4, 2015, 129 Stat. 1639.)

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.