US (United States) Code. Title 49. Subtitle V: Rail programs. Part C. Chapter 241: General

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 29 páginas
publicidad

-CITE-

49 USC CHAPTER 241 - GENERAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 241 - GENERAL

-HEAD-

CHAPTER 241 - GENERAL

-MISC1-

Sec.

24101. Findings, purpose, and goals.

24102. Definitions.

24103. Enforcement.

24104. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 24902 of this title.

-End-

-CITE-

49 USC Sec. 24101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 241 - GENERAL

-HEAD-

Sec. 24101. Findings, purpose, and goals

-STATUTE-

(a) Findings. - (1) Public convenience and necessity require that

Amtrak, to the extent its budget allows, provide modern,

cost-efficient, and energy-efficient intercity rail passenger

transportation between crowded urban areas and in other areas of

the United States.

(2) Rail passenger transportation can help alleviate overcrowding

of airways and airports and on highways.

(3) A traveler in the United States should have the greatest

possible choice of transportation most convenient to the needs of

the traveler.

(4) 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 to Amtrak to achieve a performance level sufficient to

justify expending public money.

(5) Modern and efficient commuter rail passenger transportation

is important to the viability and well-being of major urban areas

and to the energy conservation and self-sufficiency goals of the

United States.

(6) 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.

(7) The Northeast Corridor is a valuable resource of the United

States used by intercity and commuter rail passenger transportation

and freight transportation.

(8) Greater coordination between intercity and commuter rail

passenger transportation is required.

(b) Purpose. - By using innovative operating and marketing

concepts, Amtrak shall provide intercity and commuter rail

passenger transportation that completely develops the potential of

modern rail transportation to meet the intercity and commuter

passenger transportation needs of the United States.

(c) Goals. - Amtrak shall -

(1) use its best business judgment in acting to minimize United

States Government subsidies, including -

(A) increasing fares;

(B) increasing revenue from the transportation of mail and

express;

(C) reducing losses on food service;

(D) improving its contracts with operating rail carriers;

(E) reducing management costs; and

(F) increasing employee productivity;

(2) 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;

(3) carry out strategies to achieve immediately maximum

productivity and efficiency consistent with safe and efficient

transportation;

(4) operate Amtrak trains, to the maximum extent feasible, to

all station stops within 15 minutes of the time established in

public timetables;

(5) develop transportation on rail corridors subsidized by

States and private parties;

(6) 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;

(7) encourage rail carriers to assist in improving intercity

rail passenger transportation;

(8) improve generally the performance of Amtrak through

comprehensive and systematic operational programs and employee

incentives;

(9) carry out policies that ensure equitable access to the

Northeast Corridor by intercity and commuter rail passenger

transportation;

(10) coordinate the uses of the Northeast Corridor,

particularly intercity and commuter rail passenger

transportation; and

(11) maximize the use of its resources, including the most

cost-effective use of employees, facilities, and real property.

(d) Minimizing Government Subsidies. - To carry out subsection

(c)(11) of this section, Amtrak is encouraged to make agreements

with the private sector and undertake initiatives that are

consistent with good business judgment and designed to maximize its

revenues and minimize Government subsidies. Amtrak shall prepare a

financial plan to operate within the funding levels authorized by

section 24104 of this chapter, including budgetary goals for fiscal

years 1998 through 2002. Commencing no later than the fiscal year

following the fifth anniversary of the Amtrak Reform and

Accountability Act of 1997, Amtrak shall operate without Federal

operating grant funds appropriated for its benefit.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 899; Pub. L.

105-134, title I, Sec. 105(b), title II, Sec. 201, Dec. 2, 1997,

111 Stat. 2573, 2578.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24101(a) 45:501. Oct. 30, 1970, Pub. L.

91-518, Sec. 101, 84 Stat.

1328; Sept. 29, 1979, Pub.

L. 96-73, Sec. 102, 93 Stat.

537; restated Aug. 13, 1981,

Pub. L. 97-35, Sec. 1171, 95

Stat. 687.

24101(b) 45:541 (2d sentence Oct. 30, 1970, Pub. L.

words after 1st 91-518, Sec. 301 (2d

comma). sentence words after 1st

comma), 84 Stat. 1330; Aug.

13, 1981, Pub. L. 97-35,

Sec. 1188(a), 95 Stat. 699.

24101(c) 45:501a (less (14) Oct. 30, 1970, Pub. L.

(last sentence)). 91-518, 84 Stat. 1327, Sec.

102; added Sept. 29, 1979,

Pub. L. 96-73, Sec. 103(a),

93 Stat. 537; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1172, 95

Stat. 688.

24101(d) 45:501a(14) (last

sentence).

--------------------------------------------------------------------

In this part, the word "Amtrak" is substituted for "National

Railroad Passenger Corporation", and the words "Amtrak Commuter"

are substituted for "Amtrak Commuter Services Corporation", to

reflect the more current and commonly used names of the entities.

The words "rail transportation" are substituted for "rail service"

and "rail services", the word "transportation" is substituted for

"service" where appropriate, and the word "authority" is

substituted for "agency", as being more appropriate and for

consistency in the revised title and with other titles of the

United States Code. The words "rail carrier" are substituted for

"railroad" because of the definitions of "rail carrier" and

"railroad" in 49:10102.

In subsection (a), the words "The Congress finds that the" and

"The Congress further finds that" are omitted as surplus.

In subsection (a)(3), the words "greatest possible choice of" are

substituted for "to the maximum extent feasible . . . the freedom

to choose the mode of" to eliminate unnecessary words.

In subsection (c), before clause (1), the words "Amtrak shall"

are substituted for "The Congress hereby establishes the following

goals for Amtrak" to eliminate unnecessary words. The text of

45:501a(3) and (4) is omitted as executed. The text of 45:501a(9)

is omitted as obsolete because there no longer are any technical

assistance panels. In clause (2), the words "stations and other"

are omitted as surplus. In clause (4), the words "for such

operation" are omitted as surplus. In clause (10), the word

"various" is omitted as surplus. In clause (11), the words "real

property" are substituted for "real estate" for consistency in the

revised title and with other titles of the Code.

-REFTEXT-

REFERENCES IN TEXT

The Amtrak Reform and Accountability Act of 1997, referred to in

subsec. (d), is Pub. L. 105-134, Dec. 2, 1997, 111 Stat. 2570. For

complete classification of this Act to the Code, see Short Title of

1997 Amendment note set out under section 20101 of this title and

Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (c)(2). Pub. L. 105-134, Sec. 105(b), inserted ",

separately or in combination," after "and the private sector".

Subsec. (d). Pub. L. 105-134, Sec. 201, inserted at end "Amtrak

shall prepare a financial plan to operate within the funding levels

authorized by section 24104 of this chapter, including budgetary

goals for fiscal years 1998 through 2002. Commencing no later than

the fiscal year following the fifth anniversary of the Amtrak

Reform and Accountability Act of 1997, Amtrak shall operate without

Federal operating grant funds appropriated for its benefit."

AMTRAK FINDINGS

Pub. L. 105-134, Sec. 2, Dec. 2, 1997, 111 Stat. 2571, provided

that: "The Congress finds that -

"(1) intercity rail passenger service is an essential component

of a national intermodal passenger transportation system;

"(2) Amtrak is facing a financial crisis, with growing and

substantial debt obligations severely limiting its ability to

cover operating costs and jeopardizing its long-term viability;

"(3) immediate action is required to improve Amtrak's financial

condition if Amtrak is to survive;

"(4) all of Amtrak's stakeholders, including labor, management,

and the Federal Government, must participate in efforts to reduce

Amtrak's costs and increase its revenues;

"(5) additional flexibility is needed to allow Amtrak to

operate in a businesslike manner in order to manage costs and

maximize revenues;

"(6) Amtrak should ensure that new management flexibility

produces cost savings without compromising safety;

"(7) Amtrak's management should be held accountable to ensure

that all investment by the Federal Government and State

governments is used effectively to improve the quality of service

and the long-term financial health of Amtrak;

"(8) Amtrak and its employees should proceed quickly with

proposals to modify collective bargaining agreements to make more

efficient use of manpower and to realize cost savings which are

necessary to reduce Federal financial assistance;

"(9) Amtrak and intercity bus service providers should work

cooperatively and develop coordinated intermodal relationships

promoting seamless transportation services which enhance travel

options and increase operating efficiencies;

"(10) Amtrak's Strategic Business Plan calls for the

establishment of a dedicated source of capital funding for Amtrak

in order to ensure that Amtrak will be able to fulfill the goals

of maintaining -

"(A) a national passenger rail system; and

"(B) that system without Federal operating assistance; and

"(11) Federal financial assistance to cover operating losses

incurred by Amtrak should be eliminated by the year 2002."

FISCAL ACCOUNTABILITY

Pub. L. 105-134, title II, Secs. 202-205, Dec. 2, 1997, 111 Stat.

2578-2582, provided that:

"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 -

"(1) cost allocation process and procedures;

"(2) expenses related to intercity rail passenger service,

commuter service, and any other service Amtrak provides;

"(3) Strategic Business Plan, including Amtrak's projected

expenses, capital needs, ridership, and revenue forecasts; and

"(4) 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. -

"(1) Study. - 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.

"(2) Reform. - 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. -

"(1) In general. - The Council shall consist of 11 members, as

follows:

"(A) The Secretary of Transportation.

"(B) Two individuals appointed by the President, of which -

"(i) one shall be a representative of a rail labor

organization; and

"(ii) one shall be a representative of rail management.

"(C) Three individuals appointed by the Majority Leader of

the United States Senate.

"(D) One individual appointed by the Minority Leader of the

United States Senate.

"(E) Three individuals appointed by the Speaker of the United

States House of Representatives.

"(F) One individual appointed by the Minority Leader of the

United States House of Representatives.

"(2) Appointment criteria. -

"(A) Time for initial appointments. - Appointments under

paragraph (1) shall be made within 30 days after the date of

enactment of this Act [Dec. 2, 1997].

"(B) Expertise. - Individuals appointed under subparagraphs

(C) through (F) of paragraph (1) -

"(i) may not be employees of the United States;

"(ii) may not be board members or employees of Amtrak;

"(iii) may not be representatives of rail labor

organizations or rail management; and

"(iv) 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.

"(3) Term. - 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.

"(4) Chairman. - The Council shall elect a chairman from among

its membership within 15 days after the earlier of -

"(A) the date on which all members of the Council have been

appointed under paragraph (2)(A); or

"(B) 45 days after the date of enactment of this Act.

"(5) Majority required for action. - 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. -

"(1) Evaluation and recommendation. - The Council shall -

"(A) evaluate Amtrak's performance; and

"(B) make recommendations to Amtrak for achieving further

cost containment and productivity improvements, and financial

reforms.

"(2) Specific considerations. - In making its evaluation and

recommendations under paragraph (1), the Council shall consider

all relevant performance factors, including -

"(A) 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;

"(B) appropriate methods for adoption of uniform cost and

accounting procedures throughout the Amtrak system, based on

generally accepted accounting principles; and

"(C) management efficiencies and revenue enhancements,

including savings achieved through labor and contracting

negotiations.

"(3) Monitor work-rule savings. - 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 -

"(A) the savings realized as a result of the agreement; and

"(B) 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 -

"(1) Amtrak's progress on the resolution of productivity

issues; or

"(2) 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.

"SEC. 204. SUNSET TRIGGER.

"(a) In General. - If at any time more than 2 years after the

date of enactment of this Act [Dec. 2, 1997] and implementation of

the financial plan referred to in section 24104(d) [24101(d)] of

title 49, United States Code, as amended by section 201 of this

Act, the Amtrak Reform Council finds that -

"(1) Amtrak's business performance will prevent it from meeting

the financial goals set forth in section 24104(d) [24101(d)] of

title 49, United States Code, as amended by section 201 of this

Act; or

"(2) Amtrak will require operating grant funds after the fifth

anniversary of the date of enactment of this Act,

then the Council shall immediately notify the President, 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.

"(b) Factors Considered. - In making a finding under subsection

(a), the Council shall take into account -

"(1) Amtrak's performance;

"(2) the findings of the independent assessment conducted under

section 202;

"(3) the level of Federal funds made available for carrying out

the financial plan referred to in section 24104(d) [24101(d)] of

title 49, United States Code, as amended by section 201 of this

Act; and

"(4) Acts of God, national emergencies, and other events beyond

the reasonable control of Amtrak.

"(c) Action Plan. - Within 90 days after the Council makes a

finding under subsection (a) -

"(1) it shall develop and submit to the Congress an action plan

for a restructured and rationalized national intercity rail

passenger system; and

"(2) Amtrak shall develop and submit to the Congress an action

plan for the complete liquidation of Amtrak, after having the

plan reviewed by the Inspector General of the Department of

Transportation and the General Accounting Office for accuracy and

reasonableness.

"SEC. 205. SENATE PROCEDURE FOR CONSIDERATION OF RESTRUCTURING

AND LIQUIDATION PLANS.

"(a) In General. - If, within 90 days (not counting any day on

which either House is not in session) after a restructuring plan is

submitted to the House of Representatives and the Senate by the

Amtrak Reform Council under section 204 of this Act, an

implementing Act with respect to a restructuring plan (without

regard to whether it is the plan submitted) has not been passed by

the Congress, then a liquidation disapproval resolution shall be

introduced in the Senate by the Majority Leader of the Senate, for

himself and the Minority Leader of the Senate, or by Members of the

Senate designated by the Majority Leader and Minority Leader of the

Senate. The liquidation disapproval resolution shall be held at the

desk at the request of the Presiding Officer.

"(b) Consideration in the Senate. -

"(1) Referral and reporting. - A liquidation disapproval

resolution introduced in the Senate shall be placed directly and

immediately on the Calendar.

"(2) Implementing resolution from house. - When the Senate

receives from the House of Representatives a liquidation

disapproval resolution, the resolution shall not be referred to

committee and shall be placed on the Calendar.

"(3) Consideration of single liquidation disapproval

resolution. - After the Senate has proceeded to the consideration

of a liquidation disapproval resolution under this subsection,

then no other liquidation disapproval resolution originating in

that same House shall be subject to the procedures set forth in

this section.

"(4) Amendments. - No amendment to the resolution is in order

except an amendment that is relevant to liquidation of Amtrak.

Consideration of the resolution for amendment shall not exceed

one hour excluding time for recorded votes and quorum calls. No

amendment shall be subject to further amendment, except for

perfecting amendments.

"(5) Motion nondebatable. - A motion to proceed to

consideration of a liquidation disapproval resolution under this

subsection shall not be debatable. It shall not be in order to

move to reconsider the vote by which the motion to proceed was

adopted or rejected, although subsequent motions to proceed may

be made under this paragraph.

"(6) Limit on consideration. -

"(A) After no more than 20 hours of consideration of a

liquidation disapproval resolution, the Senate shall proceed,

without intervening action or debate (except as permitted under

paragraph (9)), to vote on the final disposition thereof to the

exclusion of all amendments not then pending and to the

exclusion of all motions, except a motion to reconsider or

table.

"(B) The time for debate on the liquidation disapproval

resolution shall be equally divided between the Majority Leader

and the Minority Leader or their designees.

"(7) Debate of amendments. - Debate on any amendment to a

liquidation disapproval resolution shall be limited to one hour,

equally divided and controlled by the Senator proposing the

amendment and the majority manager, unless the majority manager

is in favor of the amendment, in which case the minority manager

shall be in control of the time in opposition.

"(8) No motion to recommit. - A motion to recommit a

liquidation disapproval resolution shall not be in order.

"(9) Disposition of senate resolution. - If the Senate has read

for the third time a liquidation disapproval resolution that

originated in the Senate, then it shall be in order at any time

thereafter to move to proceed to the consideration of a

liquidation disapproval resolution for the same special message

received from the House of Representatives and placed on the

Calendar pursuant to paragraph (2), strike all after the enacting

clause, substitute the text of the Senate liquidation disapproval

resolution, agree to the Senate amendment, and vote on final

disposition of the House liquidation disapproval resolution, all

without any intervening action or debate.

"(10) Consideration of house message. - Consideration in the

Senate of all motions, amendments, or appeals necessary to

dispose of a message from the House of Representatives on a

liquidation disapproval resolution shall be limited to not more

than 4 hours. Debate on each motion or amendment shall be limited

to 30 minutes. Debate on any appeal or point of order that is

submitted in connection with the disposition of the House message

shall be limited to 20 minutes. Any time for debate shall be

equally divided and controlled by the proponent and the majority

manager, unless the majority manager is a proponent of the

motion, amendment, appeal, or point of order, in which case the

minority manager shall be in control of the time in opposition.

"(c) Consideration in Conference. -

"(1) Convening of conference. - In the case of disagreement

between the two Houses of Congress with respect to a liquidation

disapproval resolution passed by both Houses, conferees should be

promptly appointed and a conference promptly convened, if

necessary.

"(2) Senate consideration. - Consideration in the Senate of the

conference report and any amendments in disagreement on a

liquidation disapproval resolution shall be limited to not more

than 4 hours equally divided and controlled by the Majority

Leader and the Minority Leader or their designees. A motion to

recommit the conference report is not in order.

"(d) Definitions. - For purposes of this section -

"(1) Liquidation disapproval resolution. - The term

'liquidation disapproval resolution' means only a resolution of

either House of Congress which is introduced as provided in

subsection (a) with respect to the liquidation of Amtrak.

"(2) Restructuring plan. - The term 'restructuring plan' means

a plan to provide for a restructured and rationalized national

intercity rail passenger transportation system.

"(e) Rules of Senate. - This section is enacted by the Congress -

"(1) as an exercise of the rulemaking power of the Senate, and

as such they are deemed a part of the rules of the Senate, but

applicable only with respect to the procedure to be followed in

the Senate in the case of a liquidation disapproval resolution;

and they supersede other rules only to the extent that they are

inconsistent therewith; and

"(2) with full recognition of the constitutional right of the

Senate to change the rules (so far as relating to the procedure

of the Senate) at any time, in the same manner and to the same

extent as in the case of any other rule of the Senate."

INTERSTATE RAIL COMPACTS

Pub. L. 105-134, title IV, Sec. 410, Dec. 2, 1997, 111 Stat.

2587, provided that:

"(a) Consent to Compacts. - Congress grants consent to States

with an interest in a specific form, route, or corridor of

intercity passenger rail service (including high speed rail

service) to enter into interstate compacts to promote the provision

of the service, including -

"(1) retaining an existing service or commencing a new service;

"(2) assembling rights-of-way; and

"(3) performing capital improvements, including -

"(A) the construction and rehabilitation of maintenance

facilities;

"(B) the purchase of locomotives; and

"(C) operational improvements, including communications,

signals, and other systems.

"(b) Financing. - An interstate compact established by States

under subsection (a) may provide that, in order to carry out the

compact, the States may -

"(1) accept contributions from a unit of State or local

government or a person;

"(2) use any Federal or State funds made available for

intercity passenger rail service (except funds made available for

Amtrak);

"(3) on such terms and conditions as the States consider

advisable -

"(A) borrow money on a short-term basis and issue notes for

the borrowing; and

"(B) issue bonds; and

"(4) obtain financing by other means permitted under Federal or

State law."

-End-

-CITE-

49 USC Sec. 24102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 241 - GENERAL

-HEAD-

Sec. 24102. Definitions

-STATUTE-

In this part -

(1) "auto-ferry transportation" means intercity rail passenger

transportation -

(A) of automobiles or recreational vehicles and their

occupants; and

(B) when space is available, of used unoccupied vehicles.

(2) "basic system" means the system of intercity rail passenger

transportation designated by the Secretary of Transportation

under section 4 of the Amtrak Improvement Act of 1978 and

approved by Congress, and transportation required to be provided

under section 24705(a) (!1) of this title and section 4(g) of the

Act, including changes in the system or transportation that

Amtrak makes using the route and service criteria.

(3) "commuter authority" means a State, local, or regional

entity established to provide, or make a contract providing for,

commuter rail passenger transportation.

(4) "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.

(5) "intercity rail passenger transportation" means rail

passenger transportation, except commuter rail passenger

transportation.

(6) "Northeast Corridor" means Connecticut, Delaware, the

District of Columbia, Maryland, Massachusetts, New Jersey, New

York, Pennsylvania, and Rhode Island.

(7) "rail carrier" means a person, including a unit of State or

local government, providing rail transportation for compensation.

(8) "rate" means a rate, fare, or charge for rail

transportation.

(9) "regional transportation authority" means an entity

established to provide passenger transportation in a region.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 900; Pub. L.

105-134, title IV, Sec. 407, Dec. 2, 1997, 111 Stat. 2586.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24102(1) 45:502(1). Oct. 30, 1970, Pub. L.

91-518, Sec. 103(1), 84

Stat. 1328; restated Sept.

29, 1979, Pub. L. 96-73,

Secs. 103(a), 104, 93 Stat.

537, 538.

45:502(2). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

103(2); added Aug. 13, 1981,

Pub. L. 97-35, Sec. 1173(2),

95 Stat. 689.

45:502(3). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

103(3); added Nov. 3, 1973,

Pub. L. 93-146, Sec. 2(2),

87 Stat. 548; restated Sept.

29, 1979, Pub. L. 96-73,

Secs. 103(a), 104, 93 Stat.

537, 538; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1173(1),

95 Stat. 689; Apr. 7, 1986,

Pub. L. 99-272, Sec. 4012,

100 Stat. 109.

45:502(6), (7), Oct. 30, 1970, Pub. L.

(10), (12), (14), 91-518, Sec. 103(4)-(7),

(18). (10), (12), (14)-(18), 84

Stat. 1328; restated Sept.

29, 1979, Pub. L. 96-73,

Secs. 103(a), 104, 93 Stat.

537, 538, 539; Aug. 13,

1981, Pub. L. 97-35, Sec.

1173(1), 95 Stat. 689; Oct.

27, 1992, Pub. L. 102-533,

Sec. 8(1), 106 Stat. 3519.

24102(2) 45:502(4).

24102(3) 45:502(5).

24102(4) 45:502(8). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

103(8), (9); added Aug. 13,

1981, Pub. L. 97-35, Sec.

1173(3), 95 Stat. 689.

24102(5) 45:502(9).

24102(6) 45:502(11). Oct. 30, 1970, Pub. L.

91-518, Sec. 103(11), 84

Stat. 1328; Nov. 3, 1973,

Pub. L. 93-146, Sec. 2(1),

87 Stat. 548; restated Sept.

29, 1979, Pub. L. 96-73,

Secs. 103(a), 104, 93 Stat.

537, 539; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1173(1),

(4), 95 Stat. 689.

24102(7) 45:502(13). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

103(13); added Oct. 27,

1992, Pub. L. 102-533, Sec.

8(2), 106 Stat. 3519.

45:851(c). Feb. 5, 1976, Pub. L.

94-210, Sec. 701(c), 90

Stat. 120.

24102(8) 45:502(14).

24102(9) (no source).

24102(10) 45:502(15).

24102(11) 45:502(16).

--------------------------------------------------------------------

In clause (1), before subclause (A), the text of 45:502(1), (2),

and (10) is omitted as surplus. The text of 45:502(6), (7), (12),

(14), and (18) is omitted because the complete names of the

Performance Evaluation Center, Interstate Commerce Commission,

Railroad Safety System Program, Technical Assistance Panel, and

Secretary of Transportation are used the first time the terms

appear in a section. The words "characterized by transportation"

are omitted as surplus.

In clause (3), the text of 45:502(5)(A) and the words "on and

after October 1, 1979" are omitted as obsolete. Reference to

45:564(e) is omitted as obsolete because 45:564(e) was repealed by

section 1183(d) of the Omnibus Budget Reconciliation Act of 1981

(Public Law 97-35, 95 Stat. 697).

In clauses (4) and (10), the words "authority, corporation, or

other" are omitted as surplus.

In clause (4), the words "and includes the Metropolitan

Transportation Authority, the Connecticut Department of

Transportation, the Maryland Department of Transportation the

Southeastern Pennsylvania Transportation Authority, the New Jersey

Transit Corporation, the Massachusetts Bay Transportation

Authority, the Port Authority Trans-Hudson Corporation, any

successor agencies, and any entity created by one or more such

agencies for the purpose of operating" are omitted as surplus.

In clause (5), the words "whether within or across the

geographical boundaries of a State" are omitted as surplus.

Clause (9) is added to eliminate repetition of the words "fares

or charges" throughout this part.

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Amtrak Improvement Act of 1978, referred to in

par. (2), is section 4 of Pub. L. 95-421, which was set out as a

note under section 521 of Title 45, Railroads, prior to repeal by

Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.

Section 24705 of this title, referred to in par. (2), was

repealed by Pub. L. 105-134, title I, Sec. 104, Dec. 2, 1997, 111

Stat. 2573.

-MISC2-

AMENDMENTS

1997 - Pars. (2) to (6). Pub. L. 105-134, Sec. 407(1), (2),

redesignated pars. (3) to (7) as (2) to (6), respectively, and

struck out former par. (2) which read as follows: " 'avoidable

loss' means the avoidable costs of providing rail passenger

transportation, less revenue attributable to the transportation, as

determined by the Interstate Commerce Commission under section 553

of title 5."

Par. (7). Pub. L. 105-134, Sec. 407(2), (3), redesignated par.

(8) as (7) and inserted ", including a unit of State or local

government," after "means a person". Former par. (7) redesignated

(6).

Pars. (8) to (10). Pub. L. 105-134, Sec. 407(2), redesignated

pars. (8) to (10) as (7) to (9), respectively.

Par. (11). Pub. L. 105-134, Sec. 407(1), struck out par. (11)

which read as follows: " 'route and service criteria' means the

criteria and procedures for making route and service decisions

established under section 404(c)(1)-(3)(A) of the Rail Passenger

Service Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 12131.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 24103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 241 - GENERAL

-HEAD-

Sec. 24103. Enforcement

-STATUTE-

(a) General. - (1) 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 -

(A) engages in or adheres to an action, practice, or policy

inconsistent with this part;

(B) obstructs or interferes with an activity authorized under

this part;

(C) refuses, fails, or neglects to discharge its duties and

responsibilities under this part; or

(D) threatens -

(i) to engage in or adhere to an action, practice, or policy

inconsistent with this part;

(ii) to obstruct or interfere with an activity authorized by

this part; or

(iii) to refuse, fail, or neglect to discharge its duties and

responsibilities under this part.

(2) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 901.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24103(a) 45:547(a) (1st Oct. 30, 1970, Pub. L.

sentence less words 91-518, Sec. 307(a) (1st

between 13th-15th sentence), (b), 84 Stat.

commas). 1333.

24103(b) 45:547(a) (last Oct. 30, 1970, Pub. L.

sentence). 91-518, 84 Stat. 1327, Sec.

307(a) (last sentence);

added Aug. 13, 1981, Pub. L.

97-35, Sec. 1179, 95 Stat.

693.

24103(c) 45:547(a) (1st

sentence words

between 13th-15th

commas), (b).

--------------------------------------------------------------------

In subsections (a) and (b), the words "may bring a civil action",

"may bring the civil action", and "in a civil action brought by"

are substituted for "upon petition of" and "on petition of" for

consistency with rule 2 of the Federal Rules of Civil Procedure (28

App. U.S.C.).

In subsection (a)(1), before clause (A), the words "Except as

provided in paragraph (2) of this subsection" are added for

clarity. The word "only" is added for clarity. See National

Railroad Passenger Corp. et al. v. National Association of Railroad

Passengers, 414 U.S. 453 (1974). In clauses (A) and (D)(i), the

words "the policies and purposes of" are omitted as surplus.

In subsection (a)(2), the word "duly" is omitted as surplus.

In subsection (b), the words "in any court" are omitted as

surplus.

Subsection (c) is substituted for 45:547(a) (1st sentence words

between 13th-15th commas) for consistency in the revised title and

with other titles of the United States Code. The text of 45:547(b)

is omitted as surplus.

-End-

-CITE-

49 USC Sec. 24104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 241 - GENERAL

-HEAD-

Sec. 24104. Authorization of appropriations

-STATUTE-

(a) In General. - There are authorized to be appropriated to the

Secretary of Transportation -

(1) $1,138,000,000 for fiscal year 1998;

(2) $1,058,000,000 for fiscal year 1999;

(3) $1,023,000,000 for fiscal year 2000;

(4) $989,000,000 for fiscal year 2001; and

(5) $955,000,000 for fiscal year 2002,

for the benefit of Amtrak for capital expenditures under chapters

243, 247, and 249 of this title, operating expenses, and payments

described in subsection (c)(1)(A) through (C). In fiscal years

following the fifth anniversary of the enactment of the Amtrak

Reform and Accountability Act of 1997 no funds authorized for

Amtrak shall be used for operating expenses other than those

prescribed for tax liabilities under section 3221 of the Internal

Revenue Code of 1986 that are more than the amount needed for

benefits of individuals who retire from Amtrak and for their

beneficiaries.

(b) Operating Expenses. - (1) Not more than $381,000,000 may be

appropriated to the Secretary for each of the fiscal years ending

September 30, 1993, and September 30, 1994, for the benefit of

Amtrak for operating expenses. Not more than 5 percent of the

amounts appropriated for each fiscal year shall be used to pay

operating expenses under section 24704 (!1) of this title for

transportation in operation on September 30, 1992.

(2)(A) Not more than the following amounts may be appropriated to

the Secretary for the benefit of Amtrak for operating losses under

section 24704 (!1) of this title for transportation beginning after

September 30, 1992:

(i) $7,500,000 for the fiscal year ending September 30, 1993.

(ii) $9,500,000 for the fiscal year ending September 30, 1994.

(B) The expenditure by Amtrak of an amount appropriated under

subparagraph (A) of this paragraph is deemed not to be an operating

expense when calculating the revenue-to-operating expense ratio of

Amtrak.

(c) Mandatory Payments. - (1) Not more than $150,000,000 for the

fiscal year ending September 30, 1993, and amounts that may be

necessary for the fiscal year ending September 30, 1994, may be

appropriated to the Secretary to pay -

(A) tax liabilities under section 3221 of the Internal Revenue

Code of 1986 (26 U.S.C. 3221) due in those fiscal years that are

more than the amount needed for benefits for individuals who

retire from Amtrak and for their beneficiaries;

(B) obligations of Amtrak under section 8(a) of the Railroad

Unemployment Insurance Act (45 U.S.C. 358(a)) due in those fiscal

years that are more than obligations of Amtrak calculated on an

experience-related basis; and

(C) obligations of Amtrak due under section 3321 of the Code

(26 U.S.C. 3321).

(2) Amounts appropriated under this subsection are not a United

States Government subsidy of Amtrak.

(d) Payment to Amtrak. - Amounts appropriated under this section

shall be paid to Amtrak under the budget request of the Secretary

as approved or modified by Congress when the amounts are

appropriated. A payment may not be made more frequently than once

every 90 days, unless Amtrak, for good cause, requests more

frequent payment before a 90-day period ends. In each fiscal year

in which amounts are authorized to be appropriated under this

section, amounts appropriated shall be paid to Amtrak as follows:

(1) 50 percent on October 1.

(2) 25 percent on January 1.

(3) 25 percent on April 1.

(e) Availability of Amounts and Early Appropriations. - (1)

Amounts appropriated under this section remain available until

expended.

(2) Amounts for capital acquisitions and improvements may be

appropriated in a fiscal year before the fiscal year in which the

amounts will be obligated.

(f) Limitations on Use. - Amounts appropriated under this section

may not be used to subsidize operating losses of commuter rail

passenger or rail freight transportation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 902; Pub. L.

105-134, title III, Sec. 301(a), Dec. 2, 1997, 111 Stat. 2585.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24104(a) 45:601(a). Oct. 30, 1970, Pub. L.

91-518, Sec. 601, 84 Stat.

1338; June 22, 1972, Pub. L.

92-316, Sec. 9, 86 Stat.

231; Nov. 3, 1973, Pub. L.

93-146, Sec. 12, 87 Stat.

553; Oct. 28, 1974, Pub. L.

93-496, Sec. 8, 88 Stat.

1530; May 26, 1975, Pub. L.

94-25, Sec. 10, 89 Stat. 92;

Oct. 19, 1976, Pub. L.

94-555, Sec. 102(a), (b), 90

Stat. 2613; Oct. 5, 1978,

Pub. L. 95-421, Secs. 2(a),

(b)(1), 3, 92 Stat. 923;

Sept. 29, 1979, Pub. L.

96-73, Sec. 122(a), (b)(1),

93 Stat. 550; May 30, 1980,

Pub. L. 96-254, Secs. 208,

211, 94 Stat. 414, 415; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1138, 1139(a), 1185,

95 Stat. 652, 697; Jan. 14,

1983, Pub. L. 97-468, Sec.

302(c), 96 Stat. 2550; Apr.

7, 1986, Pub. L. 99-272,

Sec. 4002, 100 Stat. 106;

July 6, 1990, Pub. L.

101-322, Sec. 2, 104 Stat.

295; restated Oct. 27, 1992,

Pub. L. 102-533, Sec. 7(a),

106 Stat. 3517.

24104(b) 45:601(b).

24104(c) 45:601(c).

24104(d) 45:601(d) (3d, last

sentences), (e).

24104(e)(1) 45:601(d) (2d

sentence).

24104(e)(2) 45:601(d) (1st

sentence).

24104(f) 45:854(b)(1) Feb. 5, 1976, Pub. L.

(related to 45:601). 94-210, Sec. 704(b)(1)

(related to Sec. 601), 90

Stat. 123; Jan. 14, 1983,

Pub. L. 97-468, Sec.

301(4)(A), 96 Stat. 2549.

--------------------------------------------------------------------

In subsection (a)(2), before clause (A), the words "In addition

to amounts that may be appropriated under section 24909 of this

title" are added for clarity.

In subsection (a)(3)(B) and (C), the words "or States" are

omitted because of 1:1. Before each clause (i), the words "Except

as provided in clause (ii)" are omitted as surplus.

In subsection (d), before clause (1), the words "by the

Secretary" and "for expenditure by it" are omitted as surplus.

In subsection (e)(2), the words "Funds appropriated pursuant to

this section shall be made available to the Secretary during the

fiscal year for which appropriated" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The enactment of the Amtrak Reform and Accountability Act of

1997, referred to in subsec. (a), probably means the date of

enactment of Pub. L. 105-134, which was approved Dec. 2, 1997.

Section 3221 of the Internal Revenue Code of 1986, referred to in

subsec. (a), is classified to section 3221 of Title 26, Internal

Revenue Code.

Section 24704 of this title, referred to in subsec. (b), was

repealed by Pub. L. 105-134, title I, Sec. 105(a), Dec. 2, 1997,

111 Stat. 2573.

-MISC2-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-134 amended heading and text of

subsec. (a) generally. Prior to amendment, subsec. (a) related to

capital acquisition and corridor development.

LIMITATION ON USE OF TAX REFUND

Pub. L. 105-134, title II, Sec. 209, Dec. 2, 1997, 111 Stat.

2584, provided that:

"(a) In General. - Amtrak may not use any amount received under

section 977 of the Taxpayer Relief Act of 1997 [Pub. L. 105-34, 26

U.S.C. 172 note] -

"(1) for any purpose other than making payments to non-Amtrak

States (pursuant to section 977(c) of that Act), or the financing

of qualified expenses (as that term is defined in section

977(e)(1) of that Act); or

"(2) to offset other amounts used for any purpose other than

the financing of such expenses.

"(b) Report by ARC. - The Amtrak Reform Council shall report

quarterly to the Congress on the use of amounts received by Amtrak

under section 977 of the Taxpayer Relief Act of 1997."

REFORM BOARD

Pub. L. 105-134, title IV, Sec. 411(b), Dec. 2, 1997, 111 Stat.

2589, provided that: "If the Reform Board has not assumed the

responsibilities of the Board of Directors of Amtrak before July 1,

1998, all provisions authorizing appropriations under the

amendments made by section 301(a) of this Act [amending this

section] for a fiscal year after fiscal year 1998 shall cease to be

effective. The preceding sentence shall have no effect on funds

provided to Amtrak pursuant to section 977 of the Taxpayer Relief

Act of 1997 [Pub. L. 105-34, 26 U.S.C. 172 note]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24101 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-