49 U.S.C. § 24701 National rail passenger transportation system
Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service.
USC Chapter 247
USC Chapter 247
in effect49 U.S.C. § 24702 Transportation requested by States, authorities, and other persons
(a) Contracts for Transportation.—Amtrak may enter into a contract with a State, a regional or local authority, or another person for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree.
(b) Discontinuance.—Upon termination of a contract entered into under this section, or the cessation of financial support under such a contract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law.
49 U.S.C. § 24706 Discontinuance
(a) Notice of Discontinuance.—(1) Except as provided in subsection (c), not later than 180 days before discontinuing service over a route, Amtrak shall give notice of the discontinuance in the way Amtrak decides will give a State, a regional or local authority, or another person the opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued. (2) Notice of the discontinuance under paragraph (1) shall be posted in all stations served by the train to be discontinued at least 14 days before the discontinuance.
(b) Discontinuance or Substantial Alteration of Long-distance Routes.—Except as provided in subsection (c), in an emergency, or during maintenance or construction outages impacting Amtrak routes, Amtrak may not discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network.
(c) Discontinuance for Lack of Appropriations.—(1) Amtrak may discontinue service under subsection (a)(1) during—(A) the first month of a fiscal year if the authorization of appropriations and the appropriations for Amtrak are not enacted at least 90 days before the beginning of the fiscal year; and (B) the 30 days following enactment of an appropriation for Amtrak or a rescission of an appropriation. (2) Amtrak shall notify each affected State or regional or local transportation authority of a discontinuance under this subsection as soon as possible after Amtrak decides to discontinue the service.
(d) Congressional Notification of Discontinuance.—Except as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the members of Congress representing any State or district in which the discontinuance would occur.
(e) Applicability.—This section applies to all service over routes provided by Amtrak, notwithstanding any provision of section 24701 of this title or any other provision of this title except section 24702(b).
49 U.S.C. § 24709 International transportation
Amtrak may develop and operate international intercity rail passenger transportation between the United States and Canada and between the United States and Mexico. The Secretary of Homeland Security, in cooperation with Amtrak, shall maintain, consistent with the effective enforcement of the immigration and customs laws, en route customs inspection and immigration procedures for international intercity rail passenger transportation that will—
(1) be convenient for passengers; and
(2) result in the quickest possible international intercity rail passenger transportation.
49 U.S.C. § 24710 Long-distance routes
(a) Annual Evaluation.—Using the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008, Amtrak shall—(1) evaluate annually the financial and operating performance of each long-distance passenger rail route operated by Amtrak; and (2) rank the overall performance of such routes for 2008 and identify each long-distance passenger rail route operated by Amtrak in 2008 according to its overall performance as belonging to the best performing third of such routes, the second best performing third of such routes, or the worst performing third of such routes.
(b) Performance Improvement Plan.—Amtrak shall develop and post on its website a performance improvement plan for its long-distance passenger rail routes to achieve financial and operating improvements based on the data collected through the application of the financial and performance metrics developed under section 207 of that Act. The plan shall address—(1) on-time performance; (2) scheduling, frequency, routes, and stops; (3) the feasibility of restructuring service into connected corridor service; (4) performance-related equipment changes and capital improvements; (5) on-board amenities and service, including food, first class, and sleeping car service; (6) State or other non-Federal financial contributions; (7) improving financial performance; (8) anticipated Federal funding of operating and capital costs; and (9) other aspects of Amtrak’s long-distance passenger rail routes that affect the financial, competitive, and functional performance of service on Amtrak’s long-distance passenger rail routes.
(c) Implementation.—Amtrak shall implement the performance improvement plan developed under subsection (b)—(1) beginning in fiscal year 2010 for those routes identified as being in the worst performing third under subsection (a)(2); (2) beginning in fiscal year 2011 for those routes identified as being in the second best performing third under subsection (a)(2); and (3) beginning in fiscal year 2012 for those routes identified as being in the best performing third under subsection (a)(2).
(d) Enforcement.—The Federal Railroad Administration shall monitor the development, implementation, and outcome of improvement plans under this section. If the Federal Railroad Administration determines that Amtrak is not making reasonable progress in implementing its performance improvement plan or, after the performance improvement plan is implemented under subsection (c)(1) in accordance with the terms of that plan, Amtrak has not achieved the outcomes it has established for such routes, under the plan for any calendar year, the Federal Railroad Administration—(1) shall notify Amtrak, the Inspector General of the Department of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate of its determination under this subsection; (2) shall provide Amtrak with an opportunity for a hearing with respect to that determination; and (3) may withhold appropriated funds otherwise available to Amtrak for the operation of a route or routes from among the worst performing third of routes currently served by Amtrak on which Amtrak is not making reasonable progress, other than funds made available for passenger safety or security measures.
49 U.S.C. § 24711 Competitive passenger rail service pilot program
(a) In General.—Not later than 18 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall promulgate a rule to implement a pilot program for competitive selection of eligible petitioners described in subsection (b)(3) in lieu of Amtrak to operate not more than 3 long-distance routes (as defined in section 24102) operated by Amtrak on the date of enactment of such Act.
(b) Pilot Program Requirements.—(1) In general.—The pilot program shall—(A) allow a petitioner described in paragraph (3) to petition the Secretary to provide intercity rail passenger transportation over a long-distance route described in subsection (a) for an operation period of 4 years from the date of commencement of service by the winning bidder and, at the option of the Secretary, consistent with the rule promulgated under subsection (a), allow the contract to be renewed for 1 additional operation period of 4 years; (B) require the Secretary to—(i) notify the petitioner and Amtrak of receipt of the petition under subparagraph (A) and to publish in the Federal Register a notice of receipt not later than 30 days after the date of receipt; (ii) establish a deadline, of not more than 120 days after the notice of receipt is published in the Federal Register under clause (i), by which both the petitioner and Amtrak, if Amtrak chooses to do so, would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route; and (iii) upon selecting a winning bid, publish in the Federal Register the identity of the winning bidder, the long distance route that the bidder will operate, a detailed justification of the reasons why the Secretary selected the bid, and any other information the Secretary determines appropriate for public comment for a reasonable period of time not to exceed 30 days after the date on which the Secretary selects the bid; (C) require that each bid—(i) describe the capital needs, financial projections, and operational plans, including staffing plans, for the service, and such other factors as the Secretary considers appropriate; and (ii) be made available by the winning bidder to the public after the bid award with any appropriate redactions for confidential or proprietary information; (D) for a route that receives funding from a State or States, require that for each bid received from a petitioner described in paragraph (3), other than such State or States, the Secretary have the concurrence of the State or States that provide funding for that route; and (E) for a winning bidder that is not or does not include Amtrak, require the Secretary to execute a contract not later than 270 days after the deadline established under subparagraph (B)(ii) and award to the winning bidder—(i) subject to paragraphs (4) and (5), the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the Secretary may require; and (ii) an operating subsidy, as determined by the Secretary, for—(I) the first year at a level that does not exceed 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and (II) any subsequent years at the level calculated under subclause (I), adjusted for inflation. (2) Limitation.—The requirements under paragraph (1)(E), including the amounts of operating subsidies in the first and any subsequent years under paragraph (1)(E)(ii), shall not apply to a winning bidder that is or includes Amtrak. (3) Eligible petitioners.—The following parties are eligible to submit petitions under paragraph (1):(A) A rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route, or another rail carrier that has a written agreement with a rail carrier or rail carriers that own such infrastructure. (B) A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation with a written agreement with the rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation. (C) A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation and a rail carrier with a written agreement with another rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation. (4) Performance standards.—The performance standards required under paragraph (1)(E)(i) shall meet or exceed the performance required of or achieved by Amtrak on the applicable route during the last fiscal year. (5) Agreement governing access issues.—Unless the winning bidder already has applicable access rights or agreements in place or includes a rail carrier that owns the infrastructure used in the operation of the route, a winning bidder that is not or does not include Amtrak shall enter into a written agreement governing access issues between the winning bidder and the rail carrier or rail carriers that own the infrastructure over which the winning bidder would operate and that host or would host the intercity rail passenger transportation.
(c) Access to Facilities; Employees.—If the Secretary awards the right and obligation to provide intercity rail passenger transportation over a route described in this section to an eligible petitioner—(1) the Secretary shall, if necessary to carry out the purposes of this section, require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities directly related to operations of the awarded routes to the eligible petitioner awarded a contract under this section, in accordance with subsection (g); (2) an employee of any person, except as provided in a collective bargaining agreement, used by such eligible petitioner in the operation of a route under this section shall be considered an employee of that eligible petitioner and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak; and (3) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder, and shall be subject to the grant conditions under section 22905.
(d) Cessation of Service.—If an eligible petitioner awarded a route under this section ceases to operate the service or fails to fulfill an obligation under a contract required under subsection (b)(1)(E), the Secretary, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including—(1) the installment of an interim rail carrier; (2) providing to the interim rail carrier under paragraph (1) an operating subsidy necessary to provide service; and (3) rebidding the contract to operate the intercity rail passenger transportation.
(e) Budget Authority.—(1) In general.—The Secretary shall provide to a winning bidder that is not or does not include Amtrak and that is selected under this section any appropriations withheld under section 11101(e) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, necessary to cover the operating subsidy described in subsection (b)(1)(E)(ii). (2) Attributable costs.—If the Secretary selects a winning bidder that is not or does not include Amtrak, the Secretary shall provide to Amtrak an appropriate portion of the appropriations under section 11101(b) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, to cover any cost directly attributable to the termination of Amtrak service on the route and any indirect costs to Amtrak imposed on other Amtrak routes as a result of losing service on the route operated by the winning bidder. Any amount provided by the Secretary to Amtrak under this paragraph shall not be deducted from or have any effect on the operating subsidy described in subsection (b)(1)(E)(ii).
(f) Reporting.—If the Secretary does not promulgate the final rule before the deadline under subsection (a), the Secretary shall, not later than 19 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 and every 90 days thereafter until the rule is complete, notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives in writing—(1) the reasons why the rule has not been issued; (2) a plan for completing the rule as soon as reasonably practicable; and (3) the estimated date of completion of the rule.
(g) Disputes.—(1) Petitioning surface transportation board.—If Amtrak and the eligible petitioner awarded a route under this section cannot agree upon terms to carry out subsection (c)(1), either party may petition the Surface Transportation Board for a determination as to—(A) whether access to Amtrak’s facility or equipment, or the provisions of services by Amtrak, is necessary under subsection (c)(1); and (B) whether the operation of Amtrak’s other services will not be unreasonably impaired by such access. (2) Surface transportation board determination.—If the Surface Transportation Board determines access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary under paragraph (1)(A) and the operation of Amtrak’s other services will not be unreasonably impaired under paragraph (1)(B), the Board shall issue an order that—(A) requires Amtrak to provide the applicable facilities, equipment, and services; and (B) determines reasonable compensation, liability, and other terms for the use of the facilities and equipment and the provision of the services.
(h) Limitation.—Not more than 3 long-distance routes may be selected under this section for operation by a winning bidder that is not or does not include Amtrak.
(i) Preservation of Right to Competition on State-Supported Routes.—Nothing in this section shall be construed as prohibiting a State from introducing competition for intercity rail passenger transportation or services on its State-supported route or routes.
(j) Savings Clause.—Nothing in this section shall affect Amtrak’s access rights to railroad rights-of-way and facilities.
49 U.S.C. § 24712 State-supported routes operated by Amtrak
(a) State-Supported Route Committee.—(1) Establishment.—There is established the State-Supported Route Committee (referred to in this section as the “Committee”) to promote mutual cooperation and planning pertaining to the current and future rail operations of Amtrak and related activities of trains operated by Amtrak on State-supported routes and to further implement section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note). (2) Membership.—(A) In general.—The Committee shall consist of—(i) members representing Amtrak; (ii) members representing the Department of Transportation, including the Federal Railroad Administration; and (iii) members representing States. (B) Non-voting members.—The Committee may invite and accept other non-voting members to participate in Committee activities, as appropriate. (3) Decisionmaking.—The Committee shall establish a bloc voting system under which, at a minimum—(A) there are 3 separate voting blocs to represent the Committee’s voting members, including—(i) 1 voting bloc to represent the members described in paragraph (2)(A)(i); (ii) 1 voting bloc to represent the members described in paragraph (2)(A)(ii); and (iii) 1 voting bloc to represent the members described in paragraph (2)(A)(iii); (B) each voting bloc has 1 vote; (C) the vote of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support of at least two-thirds of that voting bloc’s members; and (D) the Committee makes decisions by unanimous consent of the 3 voting blocs. (4) Ability to conduct certain business.—If all of the members of 1 voting bloc described in paragraph (3) abstain from a Committee decision, agreement between the other 2 voting blocs consistent with the procedures set forth in such paragraph shall be deemed sufficient for purpose of achieving unanimous consent. (5) Meetings; rules and procedures.—The Committee shall define and periodically update the rules and procedures governing the Committee’s proceedings. The rules and procedures shall—(A) incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph (3); and (B) be adopted in accordance with such decisionmaking procedures. (6) Committee decisions.—Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members. (7) Cost methodology policy.—(A) In general.—Subject to subparagraph (B), the Committee may amend the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note). (B) Revisions to cost methodology policy.—(i) Requirement to revise and update.—Subject to rules and procedures established pursuant to clause (iii), not later than March 31, 2022, the Committee shall revise and update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 11 So in original. Probably should be “24101”. note). The Committee shall implement a revised cost methodology policy during fiscal year 2023. Not later than 30 days after the adoption of the revised cost methodology policy, the Committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy, including a description of the improvements to the accounting information provided by Amtrak to the States, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The revised cost methodology policy shall ensure that States will be responsible for costs attributable to the provision of service for their routes. (ii) Implementation impacts on federal funding.—To the extent that a revision developed pursuant to clause (i) assigns to Amtrak costs that were previously allocated to States, Amtrak shall request with specificity such additional funding in the general and legislative annual report required under section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised cost methodology policy will be implemented. (iii) Procedures for changing methodology.—Notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 1 note), the rules and procedures implemented pursuant to paragraph (5) shall include—(I) procedures for changing the cost methodology policy in accordance with clause (i); and (II) procedures or broad guidelines for conducting financial planning, including operating and capital forecasting, reporting, data sharing, and governance. (C) Requirements.—The cost methodology policy shall—(i) ensure equal treatment in the provision of like services of all States and groups of States; (ii) assign 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; and (iii) promote increased efficiency in Amtrak’s operating and capital activities. (D) Independent evaluation.—Not later than March 31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed an evaluation to determine whether State payments for the most recently concluded fiscal year are accurate and comply with the applicable cost allocation methodology. (8) Staffing.—The Committee may—(A) appoint, terminate, and fix the compensation of an executive director and other Committee employees necessary for the Committee to carry out its duties; and (B) enter into contracts necessary to carry out its duties, including providing Committee employees with retirement and other employee benefits under the condition that Non-Federal members or officers, the executive director, and employees of the Committee are not Federal employees for any purpose. (9) Authorization of appropriations.—Amounts made available by the Secretary of Transportation for the Committee may be used to carry out this section.
(b) Invoices and Reports.—(1) Invoices.—Amtrak shall provide monthly invoices to the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route, including fixed costs and third-party costs. (2) Reports.—(A) In general.—The Committee shall determine the frequency and contents of—(i) the financial and performance reports that Amtrak is required to provide to the Committee and the States; and (ii) the planning and demand reports that the States are required to provide to the Committee and Amtrak. (B) Monthly statistical report.—(i) Development.—Consistent with the revisions to the policy required under subsection (a)(7)(B), the Committee shall develop a report that contains the general ledger data and operating statistics from Amtrak’s accounting systems used to calculate payments to States. (ii) Provision of necessary data.—Not later than 30 days after the last day of each month, Amtrak shall provide to the States and to the Committee the necessary data to complete the report developed pursuant to clause (i) for such month.
(c) Dispute Resolution.—(1) Request for dispute resolution.—If a dispute arises with respect to the rules and procedures implemented under subsection (a)(5), an invoice or a report provided under subsection (b), implementation or compliance with the cost allocation methodology developed under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) or amended under subsection (a)(7) of this section, either Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection. (2) Procedures.—The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this subsection, which may include provision of professional mediation services. (3) Binding effect.—A decision of the Surface Transportation Board under this subsection shall be binding on the parties to the dispute. (4) Obligation.—Nothing in this subsection shall affect the obligation of a State to pay an amount related to a State-supported route that a State sponsors that is not in dispute.
(d) Assistance.—(1) In general.—The Secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route. (2) Financial assistance.—From among available funds, the Secretary shall provide—(A) financial assistance to Amtrak or 1 or more States to perform requested independent technical analysis of issues before the Committee; and (B) administrative expenses that the Secretary determines necessary.
(e) Performance Metrics.—In negotiating a contract for operation of a State-supported route, Amtrak and the State or States that sponsor the route shall consider including provisions that provide penalties and incentives for performance, including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered.
(f) Statement of Goals and Objectives.—(1) In general.—The Committee shall develop, and review and update, as necessary, a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, such as host railroads, in meeting the identified goals and objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement. (2) Transmission of statement of goals and objectives.—As applicable, based on updates, the Committee shall submit an updated statement developed under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (3) Sense of congress.—It is the sense of Congress that—(A) the Committee shall be the forum where Amtrak and the States collaborate on the planning, improvement, and development of corridor routes across the National Network; and (B) such collaboration should include regular consultation with interstate rail compact parties and other regional planning organizations that address passenger rail.
(g) New State-supported Routes.—(1) Consultation.—In developing a new State-supported route, Amtrak shall consult with—(A) the State or States and local municipalities through which such new service would operate; (B) commuter authorities and regional transportation authorities in the areas that would be served by the planned route; (C) host railroads; (D) the Administrator of the Federal Railroad Administration; and (E) other stakeholders, as appropriate. (2) State commitments.—Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with each State that would be providing funding for such route for sharing—(A) ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection (a)(7) then in effect; or (B) ongoing operating costs and capital costs in accordance with the maximum funding limitations described in section 22908(e). (3) Application of terms.—In this subsection, the terms “capital costs” and “operating costs” shall apply in the same manner as such terms apply under the cost methodology policy developed pursuant to subsection (a)(7).
(h) Cost Methodology Policy Update Implementation Report.—Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented, the Committee 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 assesses the implementation of the updated policy.
(i) Identification of State-supported Route Changes.—Amtrak shall—(1) not later than 120 days before the submission of the general and legislative annual report required under section 24315(b), consult with the Committee and any additional States through which a State-supported route may operate regarding any proposed changes to such route; and (2) include in such report an update of any planned or proposed changes to State-supported routes, including the introduction of new State-supported routes, including—(A) the timeframe in which such changes would take effect; and (B) whether Amtrak has entered into commitments with the affected States pursuant subsection (g)(2).
(j) Economic Analysis.—Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Committee 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—(1) describes the role of the State-supported routes in economic development; and (2) examines the impacts of the State-supported routes on local station areas, job creation, transportation efficiency, State economies, and the national economy.
(k) Rule of Construction.—The decisions of the Committee—(1) shall pertain to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-sponsored routes; and (2) shall not pertain to the rail operations or related activities of services operated by other rail carriers on State-supported routes.
(l) Definition of State.—In this section, the term “State” means any of the 50 States, including the District of Columbia, that sponsor the operation of trains by Amtrak on a State-supported route, or a public entity that sponsors such operation on such a route.