CHAPTER 241 - GENERAL
Title 49 > CHAPTER 241
Sections (14)
§ 24101 Findings, mission, and goals
(a) Findings.— Public convenience and necessity require that Amtrak, to the extent its budget allows, provide modern, cost-efficient, and energy-efficient intercity rail passenger transportation throughout the United States. Rail passenger transportation can help alleviate overcrowding of airways and airports and on highways. A traveler in the United States should have the greatest possible choice of transportation most convenient to the needs of the traveler. A greater degree of cooperation is necessary among Amtrak, other rail carriers, State, regional, and local governments, the private sector, labor organizations, and suppliers of services and equipment in order to meet the intercity passenger rail needs of the United States. Modern and efficient intercity passenger and commuter rail passenger transportation is important to the viability and well-being of major urban and rural areas and to the energy conservation and self-sufficiency goals of the United States. As a rail passenger transportation entity, Amtrak should be available to operate commuter rail passenger transportation through its subsidiary, Amtrak Commuter, under contract with commuter authorities that do not provide the transportation themselves as part of the governmental function of the State. The Northeast Corridor is a valuable resource of the United States used by intercity and commuter rail passenger transportation and freight transportation. Greater coordination between intercity and commuter rail passenger transportation is required. Long-distance routes are valuable resources of the United States that are used by rural and urban communities.
(b) Mission.— The mission of Amtrak is to provide efficient and effective intercity passenger rail mobility consisting of high quality service that is trip-time competitive with other intercity travel options and that is consistent with the goals set forth in subsection (c).
(c) Goals.— Amtrak shall— use its best business judgment in acting to maximize the benefits of Federal investments, including— offering competitive fares; increasing revenue from the transportation of mail and express; offering food service that meets the needs of its customers; improving its contracts with rail carriers over whose tracks Amtrak operates; controlling or reducing management and operating costs; and providing economic benefits to the communities it serves; minimize Government subsidies by encouraging State, regional, and local governments and the private sector, separately or in combination, to share the cost of providing rail passenger transportation, including the cost of operating facilities; carry out strategies to achieve immediately maximum productivity and efficiency consistent with safe and efficient transportation; operate Amtrak trains, to the maximum extent feasible, to all station stops within 15 minutes of the time established in public timetables; develop transportation on rail corridors subsidized by States and private parties; implement schedules based on a systemwide average speed of at least 60 miles an hour that can be achieved with a degree of reliability and passenger comfort; encourage rail carriers to assist in improving intercity rail passenger transportation; improve generally the performance of Amtrak through comprehensive and systematic operational programs and employee incentives; provide additional or complementary intercity transportation service to ensure mobility in times of national disaster or other instances where other travel options are not adequately available; carry out policies that ensure equitable access to the Northeast Corridor by intercity and commuter rail passenger transportation; coordinate the uses of the Northeast Corridor, particularly intercity and commuter rail passenger transportation; maximize the use of its resources, including the most cost-effective use of employees, facilities, and real property; and support and maintain established long-distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural communities.
(d) Increasing Revenues.— Amtrak is encouraged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and designed to generate additional revenues to advance the goals described in subsection (c).
“SEC. 203 ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING SYSTEM.
(“(a) In General.— The Amtrak Board of Directors— may employ an independent financial consultant with experience in railroad accounting to assist Amtrak in improving Amtrak’s financial accounting and reporting system and practices; shall implement a modern financial accounting and reporting system not later than 3 years after the date of enactment of this Act [ Oct. 16, 2008 ]; and shall, not later than 90 days after the end of each fiscal year through fiscal year 2013— submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a comprehensive report that allocates all of Amtrak’s revenues and costs to each of its routes, each of its lines of business, and each major activity within each route and line of business activity, including— train operations; equipment maintenance; food service; sleeping cars; ticketing; reservations; and unallocated fixed overhead costs; include the report described in subparagraph (A) in Amtrak’s annual report; and post such report on Amtrak’s website.
(“(b) Verification of System; Report.— The Inspector General of the Department of Transportation shall review the accounting system designed and implemented under subsection (a) to ensure that it accomplishes the purposes for which it is intended. The Inspector General shall report his or her findings and conclusions, together with any recommendations, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(“(c) Categorization of Revenues and Expenses.— In carrying out subsection (a), the Amtrak Board of Directors shall separately categorize assigned revenues and attributable expenses by type of service, including long-distance routes, State-sponsored routes, commuter contract routes, and Northeast Corridor routes.
“[SEC. 204
Repealed. Pub. L. 114–94, div. A, title XI, § 11203(d) , Dec. 4, 2015 , 129 Stat. 1634 .]
“SEC. 205 RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.
(“(a) In General.— The Secretary of the Treasury, in consultation with the Secretary [of Transportation] and Amtrak, may make agreements to restructure Amtrak’s indebtedness, to the extent provided in advance in appropriations Acts.
(“(b) Debt Restructuring.— To the extent amounts are provided in advance in appropriations Acts, the Secretary of the Treasury, in consultation with the Secretary and Amtrak, shall enter into negotiations with the holders of Amtrak debt, including leases, outstanding for the purpose of restructuring (including repayment) and repaying that debt. The Secretary of the Treasury may secure agreements for restructuring or repayment on such terms as the Secretary of the Treasury deems favorable to the interests of the United States Government.
(“(c) Criteria.— In restructuring Amtrak’s indebtedness, the Secretary of the Treasury and Amtrak— shall take into consideration repayment costs, the term of any loan or loans, and market conditions; and shall ensure that the restructuring results in significant savings to Amtrak and the United States Government.
(“(d) Payment of Renegotiated Debt.— If the criteria under subsection (c) are met, the Secretary of the Treasury may assume or repay the restructured debt, as appropriate, to the extent provided in advance in appropriations Acts.
(“(e) Amtrak Principal and Interest Payments.— Unless the Secretary of the Treasury makes sufficient payments to creditors under subsection (d) so that Amtrak is required to make no payments to creditors in a fiscal year, the Secretary [of Transportation] shall use funds authorized for the use of Amtrak for retirement of principal or payment of interest on loans for capital equipment, or capital leases. Whenever action taken by the Secretary of the Treasury under subsection (a) results in reductions in amounts of principal or interest that Amtrak must service on existing debt, the corresponding amounts authorized for Amtrak shall be reduced accordingly.
(“(f) Legal Effect of Payments Under This Section.— The payment of principal and interest on secured debt, other than debt assumed under subsection (d), with the proceeds of grants under subsection (e) shall not— modify the extent or nature of any indebtedness of Amtrak to the United States in existence; change the private nature of Amtrak’s or its successors’ liabilities; or imply any Federal guarantee or commitment to amortize Amtrak’s outstanding indebtedness.
(“(g) Secretary Approval.— Amtrak may not incur more debt after the date of enactment of this Act without the express advance approval of the Secretary [of Transportation], unless that debt receives credit assistance, including direct loans and loan guarantees, under chapter 6 of title 23, United States Code or chapter 224 of title 49, United States Code.
“[SEC. 206
Repealed. Pub. L. 114–94, div. A, title XI, § 11202(c)(1) , Dec. 4, 2015 , 129 Stat. 1630 .]
“SEC. 207 METRICS AND STANDARDS.
(“(a) In General.— Within 180 days after the date of enactment of this Act [ Oct. 16, 2008 ], the Federal Railroad Administration and Amtrak shall jointly, in consultation with the Surface Transportation Board, rail carriers over whose rail lines Amtrak trains operate, States, Amtrak employees, nonprofit employee organizations representing Amtrak employees, and groups representing Amtrak passengers, as appropriate, develop new or improve existing metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations, including cost recovery, on-time performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services. Such metrics, at a minimum, shall include the percentage of avoidable and fully allocated operating costs covered by passenger revenues on each route, ridership per train mile operated, measures of on-time performance and delays incurred by intercity passenger trains on the rail lines of each rail carrier and, for long-distance routes, measures of connectivity with other routes in all regions currently receiving Amtrak service and the transportation needs of communities and populations that are not well-served by other forms of intercity transportation. Amtrak shall provide reasonable access to the Federal Railroad Administration in order to enable the Administration to carry out its duty under this section.
(“(b) Quarterly Reports.— The Administrator of the Federal Railroad Administration shall collect the necessary data and publish a quarterly report on the performance and service quality of intercity passenger train operations, including Amtrak’s cost recovery, ridership, on-time performance and minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services.
(“(c) Contracts With Host Rail Carriers.— To the extent practicable, Amtrak and its host rail carriers shall incorporate the metrics and standards developed under subsection (a) into their access and service agreements.
(“(d) Arbitration.— If the development of the metrics and standards is not completed within the 180-day period required by subsection (a), any party involved in the development of those standards may petition the Surface Transportation Board to appoint an arbitrator to assist the parties in resolving their disputes through binding arbitration.
“SEC. 208 METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.
(“(a) Methodology Development.— Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 [ Dec. 4, 2015 ], Amtrak shall obtain the services of an independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity rail passenger transportation routes and services it should provide, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes.
(“(b) Considerations.— Amtrak shall require the independent entity, in developing the methodologies described in subsection (a), to consider— the current and expected performance and service quality of intercity rail passenger transportation operations, including cost recovery, on-time performance, ridership, on-board services, stations, facilities, equipment, and other services; the connectivity of a route with other routes; the transportation needs of communities and populations that are not well served by intercity rail passenger transportation service or by other forms of intercity transportation; the methodologies of Amtrak and major intercity rail passenger transportation service providers in other countries for determining intercity passenger rail routes and services; the financial and operational effects on the overall network, including the effects on direct and indirect costs; the views of States, rail carriers that own infrastructure over which Amtrak operates, Interstate Compacts established by Congress and States, Amtrak employee representatives, stakeholder organizations, and other interested parties; and the funding levels that will be available under authorization levels that have been enacted into law.
(“(c) Recommendations.— Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 [ Dec. 4, 2015 ], 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 the recommendations developed by the independent entity under subsection (a).
(“(d) Consideration of Recommendations.— Not later than 90 days after the date on which the recommendations are transmitted under subsection (c), the Amtrak Board of Directors shall consider the adoption of each recommendation and 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 explaining the reasons for adopting or not adopting each recommendation.
“SEC. 209 STATE-SUPPORTED ROUTES.
(“(a) In General.— Within 2 years after the date of enactment of this Act [ Oct. 16, 2008 ], the Amtrak Board of Directors, in consultation with the Secretary [of Transportation], the governors of each relevant State, and the Mayor of the District of Columbia, or entities representing those officials, shall develop and implement a single, nationwide standardized methodology for establishing and allocating the operating and capital costs among the States and Amtrak associated with trains operated on each of the routes described in section 24102(7)(B) and (D) [ 49 U.S.C. 24102(7)(B) , (D)] and section 24702 [ 49 U.S.C. 24702 ] that— ensures, within 5 years after the date of enactment of this Act, equal treatment in the provision of like services of all States and groups of States (including the District of Columbia); and allocates to each route the costs incurred only for the benefit of that route and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 route.
(“(b) Review.— If Amtrak and the States (including the District of Columbia) in which Amtrak operates such routes do not voluntarily adopt and implement the methodology developed under subsection (a) in allocating costs and determining compensation for the provision of service in accordance with the date established therein, the Surface Transportation Board shall determine the appropriate methodology required under subsection (a) for such services in accordance with the procedures and procedural schedule applicable to a proceeding under section 24904(c) [now 24903(c)] of title 49, United States Code, and require the full implementation of this methodology with regards to the provision of such service within 1 year after the Board’s determination of the appropriate methodology.
(“(c) Use of Chapter 244 Funds.— Funds provided to a State under chapter 244 [now 229] of title 49, United States Code, may be used, as provided in that chapter, to pay capital costs determined in accordance with this section.”
“SEC. 202 INDEPENDENT ASSESSMENT.
(“(a) Initiation.— Not later than 15 days after the date of enactment of this Act [ Dec. 2, 1997 ], the Secretary of Transportation shall contract with an entity independent of Amtrak and not in any contractual relationship with Amtrak, and independent of the Department of Transportation, to conduct a complete independent assessment of the financial requirements of Amtrak through fiscal year 2002. The entity shall have demonstrated knowledge about railroad industry accounting requirements, including the uniqueness of the industry and of Surface Transportation Board accounting requirements. The Department of Transportation, Office of Inspector General, shall approve the entity’s statement of work and the award and shall oversee the contract. In carrying out its responsibilities under the preceding sentence, the Inspector General’s Office shall perform such overview and validation or verification of data as may be necessary to assure that the assessment conducted under this subsection meets the requirements of this section.
(“(b) Assessment Criteria.— The Secretary and Amtrak shall provide to the independent entity estimates of the financial requirements of Amtrak for the period described in subsection (a), using as a base the fiscal year 1997 appropriation levels established by the Congress. The independent assessment shall be based on an objective analysis of Amtrak’s funding needs.
(“(c) Certain Factors To Be Taken into Account.— The independent assessment shall take into account all relevant factors, including Amtrak’s— cost allocation process and procedures; expenses related to intercity rail passenger service, commuter service, and any other service Amtrak provides; Strategic Business Plan, including Amtrak’s projected expenses, capital needs, ridership, and revenue forecasts; and assets and liabilities. For purposes of paragraph (3), in the capital needs part of its Strategic Business Plan Amtrak shall distinguish between that portion of the capital required for the Northeast Corridor and that required outside the Northeast Corridor, and shall include rolling stock requirements, including capital leases, ‘state of good repair’ requirements, and infrastructure improvements.
(“(d) Bidding Practices.— The independent assessment also shall determine whether, and to what extent, Amtrak has performed each year during the period from 1992 through 1996 services under contract at amounts less than the cost to Amtrak of performing such services with respect to any activity other than the provision of intercity rail passenger transportation, or mail or express transportation. For purposes of this clause, the cost to Amtrak of performing services shall be determined using generally accepted accounting principles for contracting. If identified, such contracts shall be detailed in the report of the independent assessment, as well as the methodology for preparation of bids to reflect Amtrak’s actual cost of performance. If the independent assessment performed under this subparagraph reveals that Amtrak has performed services under contract for an amount less than the cost to Amtrak of performing such services, with respect to any activity other than the provision of intercity rail passenger transportation, or mail or express transportation, then Amtrak shall revise its methodology for preparation of bids to reflect its cost of performance.
(“(e) Deadline.— The independent assessment shall be completed not later than 180 days after the contract is awarded, and shall be submitted to the Council established under section 203, the Secretary of Transportation, the Committee on Commerce, Science, and Transportation of the United States Senate, and the Committee on Transportation and Infrastructure of the United States House of Representatives.
“SEC. 203 AMTRAK REFORM COUNCIL.
(“(a) Establishment.— There is established an independent commission to be known as the Amtrak Reform Council.
(“(b) Membership.— The Council shall consist of 11 members, as follows: The Secretary of Transportation. Two individuals appointed by the President, of which— one shall be a representative of a rail labor organization; and one shall be a representative of rail management. Three individuals appointed by the Majority Leader of the United States Senate. One individual appointed by the Minority Leader of the United States Senate. Three individuals appointed by the Speaker of the United States House of Representatives. One individual appointed by the Minority Leader of the United States House of Representatives. Appointments under paragraph (1) shall be made within 30 days after the date of enactment of this Act [ Dec. 2, 1997 ]. Individuals appointed under subparagraphs (C) through (F) of paragraph (1)— may not be employees of the United States; may not be board members or employees of Amtrak; may not be representatives of rail labor organizations or rail management; and shall have technical qualifications, professional standing, and demonstrated expertise in the field of corporate management, finance, rail or other transportation operations, labor, economics, or the law, or other areas of expertise relevant to the Council. Members shall serve for terms of 5 years. If a vacancy occurs other than by the expiration of a term, the individual appointed to fill the vacancy shall be appointed in the same manner as, and shall serve only for the unexpired portion of the term for which, that individual’s predecessor was appointed. The Council shall elect a chairman from among its membership within 15 days after the earlier of— the date on which all members of the Council have been appointed under paragraph (2)(A); or 45 days after the date of enactment of this Act. A majority of the members of the Council present and voting is required for the Council to take action. No person shall be elected chairman of the Council who receives fewer than 5 votes.
(“(c) Administrative Support.— The Secretary of Transportation shall provide such administrative support to the Council as it needs in order to carry out its duties under this section.
(“(d) Travel Expenses.— Each member of the Council shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section[s] 5702 and 5703 of title 5, United States Code.
(“(e) Meetings.— Each meeting of the Council, other than a meeting at which proprietary information is to be discussed, shall be open to the public.
(“(f) Access to Information.— Amtrak shall make available to the Council all information the Council requires to carry out its duties under this section. The Council shall establish appropriate procedures to ensure against the public disclosure of any information obtained under this subsection that is a trade secret or commercial or financial information that is privileged or confidential.
(“(g) Duties.— The Council shall— evaluate Amtrak’s performance; and make recommendations to Amtrak for achieving further cost containment and productivity improvements, and financial reforms. In making its evaluation and recommendations under paragraph (1), the Council shall consider all relevant performance factors, including— Amtrak’s operation as a national passenger rail system which provides access to all regions of the country and ties together existing and emerging rail passenger corridors; appropriate methods for adoption of uniform cost and accounting procedures throughout the Amtrak system, based on generally accepted accounting principles; and management efficiencies and revenue enhancements, including savings achieved through labor and contracting negotiations. If, after January 1, 1997 , Amtrak enters into an agreement involving work-rules intended to achieve savings with an organization representing Amtrak employees, then Amtrak shall report quarterly to the Council— the savings realized as a result of the agreement; and how the savings are allocated.
(“(h) Annual Report.— Each year before the fifth anniversary of the date of enactment of this Act [ Dec. 2, 1997 ], the Council shall submit to the Congress a report that includes an assessment of— Amtrak’s progress on the resolution of productivity issues; or the status of those productivity issues, and makes recommendations for improvements and for any changes in law it believes to be necessary or appropriate.
(“(i) Authorization of Appropriations.— There are authorized to be appropriated to the Council such sums as may be necessary to enable the Council to carry out its duties. “[SECS. 204, 205. Repealed. Pub. L. 110–432, div. B, title II, § 218(a)(2) , Oct. 16, 2008 , 122 Stat. 4930 .]”
§ 24102 Definitions
In this part— “auto-ferry transportation” means intercity rail passenger transportation— of automobiles or recreational vehicles and their occupants; and when space is available, of used unoccupied vehicles. “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation. “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations. “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation. “long-distance route” means a route described in subparagraph (C) of paragraph (7). “National Network” includes long-distance routes and State-supported routes. “national rail passenger transportation system” means— the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia; rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established; long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and short-distance corridors, or routes of not more than 750 miles between endpoints, operated by— Amtrak; or another rail carrier that receives funds under chapter 229. “Northeast Corridor” means Connecticut, Delaware, the District of Columbia, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, and Rhode Island. “rail carrier” means a person, including a unit of State or local government, providing rail transportation for compensation. “rate” means a rate, fare, or charge for rail transportation. “regional transportation authority” means an entity established to provide passenger transportation in a region. “state-of-good-repair” means a condition in which physical assets, both individually and as a system, are— performing at a level at least equal to that called for in their as-built or as-modified design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them; and sustained through regular maintenance and replacement programs. “State-supported route” means a route described in subparagraph (B) or (D) of paragraph (7), or in section 24702, that is operated by Amtrak, excluding those trains operated by Amtrak on the routes described in paragraph (7)(A). ( Pub. L. 103–272, § 1(e) , July 5, 1994 , 108 Stat. 900 ; Pub. L. 105–134, title IV, § 407 , Dec. 2, 1997 , 111 Stat. 2586 ; Pub. L. 110–432, div. B, title II, § 201(a) , Oct. 16, 2008 , 122 Stat. 4909 ; Pub. L. 114–94, div. A, title XI, § 11006(a) , Dec. 4, 2015 , 129 Stat. 1624 ; Pub. L. 115–420, § 7(b)(3)(A)(i)(I) , Jan. 3, 2019 , 132 Stat. 5446 .)
§ 24103 Enforcement
(a) General.— Except as provided in paragraph (2) of this subsection, only the Attorney General may bring a civil action for equitable relief in a district court of the United States when Amtrak or a rail carrier— engages in or adheres to an action, practice, or policy inconsistent with this part or chapter 229; obstructs or interferes with an activity authorized under this part or chapter 229; refuses, fails, or neglects to discharge its duties and responsibilities under this part or chapter 229; or threatens— to engage in or adhere to an action, practice, or policy inconsistent with this part or chapter 229; to obstruct or interfere with an activity authorized by this part or chapter 229; or to refuse, fail, or neglect to discharge its duties and responsibilities under this part or chapter 229. An employee affected by any conduct or threat referred to in paragraph (1) of this subsection, or an authorized employee representative, may bring the civil action if the conduct or threat involves a labor agreement.
(b) Review of Discontinuance or Reduction.— A discontinuance of a route, a train, or transportation, or a reduction in the frequency of transportation, by Amtrak is reviewable only in a civil action for equitable relief brought by the Attorney General.
(c) Venue.— Except as otherwise prohibited by law, a civil action under this section may be brought in the judicial district in which Amtrak or the rail carrier resides or is found.