159
handrails, and safety lines, and requirements for the use of vessels when work
is performed on bridges located over bodies of water.
§ 20140. Alcohol and controlled substances testing
(a) DEFINITION.—In this section, ‘‘controlled substance’’ means any sub-
stance under section 102 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transpor-
tation.
(b) GENERAL.—(1) In the interest of safety, the Secretary of Transpor-
tation shall prescribe regulations and issue orders, not later than October 28,
1992, related to alcohol and controlled substances use in railroad operations.
The regulations shall establish a program requiring—
(A) a railroad carrier to conduct preemployment, reasonable sus-
picion, random, and post-accident testing of all railroad employees re-
sponsible for safety-sensitive functions (as decided by the Secretary) for
the use of alcohol or a controlled substance in violation of law or a
United States Government regulation; and
(B) when the Secretary considers it appropriate, disqualification for
an established period of time or dismissal of any employee found—
(i) to have used or been impaired by alcohol when on duty; or
(ii) to have used a controlled substance, whether or not on duty,
except as allowed for medical purposes by law or a regulation or
order under this chapter.
(2) When the Secretary of Transportation considers it appropriate in the
interest of safety, the Secretary may prescribe regulations and issue orders re-
quiring railroad carriers to conduct periodic recurring testing of railroad em-
ployees responsible for safety-sensitive functions (as decided by the Secretary)
for the use of alcohol or a controlled substance in violation of law or a Gov-
ernment regulation.
(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out this sec-
tion, the Secretary of Transportation shall develop requirements that shall—
(1) promote, to the maximum extent practicable, individual privacy
in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances,
incorporate the Department of Health and Human Services scientific
and technical guidelines dated April 11, 1988, and any amendments to
those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory con-
trolled substances testing and laboratory procedures to be applied in
carrying out this section, including standards requiring the use of
the best available technology to ensure the complete reliability and
accuracy of controlled substances tests and strict procedures govern-
160
ing the chain of custody of specimens collected for controlled sub-
stances testing;
(B) the minimum list of controlled substances for which individ-
uals may be tested; and
(C) appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certifi-
cation of laboratories to perform controlled substances testing in
carrying out this section;
(3) require that a laboratory involved in controlled substances testing
under this section have the capability and facility, at the laboratory, of
performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled
substance in violation of law or a Government regulation be confirmed
by a scientifically recognized method of testing capable of providing
quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in
the presence of the tested individual and that a part of the specimen be
retained in a secure manner to prevent the possibility of tampering, so
that if the individual’s confirmation test results are positive the individ-
ual has an opportunity to have the retained part tested by a 2d con-
firmation test done independently at another certified laboratory if the
individual requests the 2d confirmation test not later than 3 days after
being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify
alcohol in breath and body fluid samples, including urine and blood,
through the development of regulations that may be necessary and in
consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical informa-
tion (other than information about alcohol or a controlled substance) of
employees, except that this clause does not prevent the use of test results
for the orderly imposition of appropriate sanctions under this section;
and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
(d) REHABILITATION.—The Secretary of Transportation shall prescribe reg-
ulations or issue orders establishing requirements for rehabilitation programs
that at least provide for the identification and opportunity for treatment of
railroad employees responsible for safety-sensitive functions (as decided by the
Secretary) in need of assistance in resolving problems with the use of alcohol
or a controlled substance in violation of law or a Government regulation. The
161
Secretary shall decide on the circumstances under which employees shall be
required to participate in a program. Each railroad carrier is encouraged to
make such a program available to all of its employees in addition to employ-
ees responsible for safety-sensitive functions. This subsection does not prevent
a railroad carrier from establishing a program under this subsection in co-
operation with another railroad carrier.
(e) INTERNATIONAL OBLIGATIONS
AND FOREIGN LAWS
AND REGULA-
TIONS.—In carrying out this section, the Secretary of Transportation—
(1) shall establish only requirements that are consistent with inter-
national obligations of the United States; and
(2) shall consider applicable laws and regulations of foreign countries.
(f) OTHER REGULATIONS ALLOWED.—This section does not prevent the
Secretary of Transportation from continuing in effect, amending, or further
supplementing a regulation prescribed or order issued before October 28, 1991,
governing the use of alcohol or a controlled substance in railroad operations.
§ 20141. Power brake safety
(a) REVIEW AND REVISION OF EXISTING REGULATIONS.—The Secretary of
Transportation shall review existing regulations on railroad power brakes
and, not later than December 31, 1993, revise the regulations based on safety
information presented during the review. Where applicable, the Secretary
shall prescribe regulations that establish standards on dynamic braking
equipment.
(b) 2-WAY END-OF-TRAIN DEVICES.—(1) The Secretary shall require 2-way
end-of-train devices (or devices able to perform the same function) on road
trains, except locals, road switchers, or work trains, to enable the initiation
of emergency braking from the rear of a train. The Secretary shall prescribe
regulations as soon as possible, but not later than December 31, 1993, requir-
ing the 2-way end-of-train devices. The regulations at least shall—
(A) establish standards for the devices based on performance;
(B) prohibit a railroad carrier, on or after the date that is one year
after the regulations are prescribed, from acquiring any end-of-train de-
vice for use on trains that is not a 2-way device meeting the standards
established under clause (A) of this paragraph;
(C) require that the trains be equipped with 2-way end-of-train devices
meeting those standards not later than 4 years after the regulations are
prescribed; and
(D) provide that any 2-way end-of-train device acquired for use on
trains before the regulations are prescribed shall be deemed to meet the
standards.
(2) The Secretary may consider petitions to amend the regulations pre-
scribed under paragraph (1) of this subsection to allow the use of alternative
162
technologies that meet the same basic performance requirements established by
the regulations.
(3) In developing the regulations required by paragraph (1) of this sub-
section, the Secretary shall consider information presented under subsection
(a) of this section.
(c) EXCLUSIONS.—The Secretary may exclude from regulations prescribed
under subsections (a) and (b) of this section any category of trains or rail
operations if the Secretary decides that the exclusion is in the public interest
and is consistent with railroad safety. The Secretary shall make public the
reasons for the exclusion. The Secretary at least shall exclude from the regula-
tions prescribed under subsection (b)—
(1) trains that have manned cabooses;
(2) passenger trains with emergency brakes;
(3) trains that operate only on track that is not part of the general
railroad system;
(4) trains that do not exceed 30 miles an hour and do not operate on
heavy grades, except for any categories of trains specifically designated
by the Secretary; and
(5) trains that operate in a push mode.
§ 20142. Track safety
(a) REVIEW OF EXISTING REGULATIONS.—Not later than March 3, 1993,
the Secretary of Transportation shall begin a review of Department of Trans-
portation regulations related to track safety standards. The review at least
shall include an evaluation of—
(1) procedures associated with maintaining and installing continuous
welded rail and its attendant structure;
(2) the need for revisions to regulations on track excepted from track
safety standards; and
(3) employee safety.
(b) REVISION OF REGULATIONS.—Not later than September 3, 1994, the
Secretary shall prescribe regulations and issue orders to revise track safety
standards, considering safety information presented during the review under
subsection (a) of this section and the report of the Comptroller General sub-
mitted under subsection (c) of this section.
(c) COMPTROLLER GENERAL’S STUDY
AND REPORT.—The Comptroller
General shall study the effectiveness of the Secretary’s enforcement of track
safety standards, with particular attention to recent relevant railroad acci-
dent experience and information. Not later than September 3, 1993, the
Comptroller General shall submit a report to Congress and the Secretary on
the results of the study, with recommendations for improving enforcement of
those standards.
163
§ 20143. Locomotive visibility
(a) DEFINITION.—In this section, ‘‘locomotive visibility’’ means the en-
hancement of day and night visibility of the front end unit of a train, consid-
ering in particular the visibility and perspective of a driver of a motor vehi-
cle at a grade crossing.
(b) INTERIM REGULATIONS.—Not later than December 31, 1992, the Sec-
retary of Transportation shall prescribe temporary regulations identifying
ditch, crossing, strobe, and oscillating lights as temporary locomotive visi-
bility measures and authorizing and encouraging the installation and use of
those lights. Subchapter II of chapter 5 of title 5 does not apply to a tem-
porary regulation or to an amendment to a temporary regulation.
(c) REVIEW OF REGULATIONS.—The Secretary shall review the Secretary’s
regulations on locomotive visibility. Not later than December 31, 1993, the
Secretary shall complete the current research of the Department of Transpor-
tation on locomotive visibility. In conducting the review, the Secretary shall
collect relevant information from operational experience by rail carriers using
enhanced visibility measures.
(d) REGULATORY PROCEEDING.—Not later than June 30, 1994, the Sec-
retary shall begin a regulatory proceeding to prescribe final regulations re-
quiring substantially enhanced locomotive visibility measures. In the proceed-
ing, the Secretary shall consider at least—
(1) revisions to the existing locomotive headlight standards, including
standards for placement and intensity;
(2) requiring the use of reflective material to enhance locomotive visi-
bility;
(3) requiring the use of additional alerting lights, including ditch,
crossing, strobe, and oscillating lights;
(4) requiring the use of auxiliary lights to enhance locomotive visi-
bility when viewed from the side;
(5) the effect of an enhanced visibility measure on the vision, health,
and safety of train crew members; and
(6) separate standards for self-propelled, push-pull, and multi-unit
passenger operations without a dedicated head end locomotive.
(e) FINAL REGULATIONS.—(1) Not later than June 30, 1995, the Secretary
shall prescribe final regulations requiring enhanced locomotive visibility
measures. The Secretary shall require that not later than December 31, 1997,
a locomotive not excluded from the regulations be equipped with temporary
visibility measures under subsection (b) of this section or the visibility meas-
ures the final regulations require.
(2) In prescribing regulations under paragraph (1) of this subsection, the
Secretary may exclude a category of trains or rail operations from a specific
164
visibility requirement if the Secretary decides the exclusion is in the public
interest and is consistent with rail safety, including grade-crossing safety.
(3) A locomotive equipped with temporary visibility measures prescribed
under subsection (b) of this section when final regulations are prescribed
under paragraph (1) of this subsection is deemed to be complying with the
final regulations for 4 years after the final regulations are prescribed.
§ 20144. Blue signal protection for on-track vehicles
The Secretary of Transportation shall prescribe regulations applying blue
signal protection to on-track vehicles where rest is provided.
CHAPTER 203—SAFETY APPLIANCES
Sec.
20301.
Definition and nonapplication.
20302.
General requirements.
20303.
Moving defective and insecure vehicles needing repairs.
20304.
Assumption of risk by employees.
20305.
Inspection of mail cars.
20306.
Exemption for technological improvements.
§ 20301. Definition and nonapplication
(a) DEFINITION.—In this chapter, ‘‘vehicle’’ means a car, locomotive, ten-
der, or similar vehicle.
(b) NONAPPLICATION.—This chapter does not apply to the following:
(1) a train of 4-wheel coal cars.
(2) a train of 8-wheel standard logging cars if the height of each car
from the top of the rail to the center of the coupling is not more than
25 inches.
(3) a locomotive used in hauling a train referred to in clause (2) of
this subsection when the locomotive and cars of the train are used only
to transport logs.
§ 20302. General requirements
(a) GENERAL.—Except as provided in subsection (c) of this section and sec-
tion 20303 of this title, a railroad carrier may use or allow to be used on
any of its railroad lines—
(1) a vehicle only if it is equipped with—
(A) couplers coupling automatically by impact, and capable of
being uncoupled, without the necessity of individuals going between
the ends of the vehicles;
(B) secure sill steps and efficient hand brakes; and
(C) secure ladders and running boards when required by the Sec-
retary of Transportation, and, if ladders are required, secure
handholds or grab irons on its roof at the top of each ladder;
(2) except as otherwise ordered by the Secretary, a vehicle only if it
is equipped with secure grab irons or handholds on its ends and sides
for greater security to individuals in coupling and uncoupling vehicles;
165
(3) a vehicle only if it complies with the standard height of drawbars
required by regulations prescribed by the Secretary;
(4) a locomotive only if it is equipped with a power-driving wheel
brake and appliances for operating the train-brake system; and
(5) a train only if—
(A) enough of the vehicles in the train are equipped with power
or train brakes so that the engineer on the locomotive hauling the
train can control the train’s speed without the necessity of brake op-
erators using the common hand brakes for that purpose; and
(B) at least 50 percent of the vehicles in the train are equipped
with power or train brakes and the engineer is using the power or
train brakes on those vehicles and on all other vehicles equipped
with them that are associated with those vehicles in the train.
(b) REFUSAL TO RECEIVE VEHICLES NOT PROPERLY EQUIPPED.—A rail-
road carrier complying with subsection (a)(5)(A) of this section may refuse
to receive from a railroad line of a connecting railroad carrier or a shipper
a vehicle that is not equipped with power or train brakes that will work and
readily interchange with the power or train brakes in use on the vehicles of
the complying railroad carrier.
(c) COMBINED VEHICLES LOADING AND HAULING LONG COMMODITIES.—
Notwithstanding subsection (a)(1)(B) of this section, when vehicles are com-
bined to load and haul long commodities, only one of the vehicles must have
hand brakes during the loading and hauling.
(d) AUTHORITY TO CHANGE REQUIREMENTS.—The Secretary may—
(1) change the number, dimensions, locations, and manner of applica-
tion prescribed by the Secretary for safety appliances required by sub-
section (a)(1)(B) and (C) and (2) of this section only for good cause and
after providing an opportunity for a full hearing;
(2) amend regulations for installing, inspecting, maintaining, and re-
pairing power and train brakes only for the purpose of achieving safety;
and
(3) increase, after an opportunity for a full hearing, the minimum
percentage of vehicles in a train that are required by subsection
(a)(5)(B) of this section to be equipped and used with power or train
brakes.
(e) SERVICES OF ASSOCIATION OF AMERICAN RAILROADS.—In carrying out
subsection (d)(2) and (3) of this section, the Secretary may use the services
of the Association of American Railroads.
166
§ 20303. Moving defective and insecure vehicles needing re-
pairs
(a) GENERAL.—A vehicle that is equipped in compliance with this chapter
whose equipment becomes defective or insecure nevertheless may be moved
when necessary to make repairs, without a penalty being imposed under sec-
tion 21302 of this title, from the place at which the defect or insecurity was
first discovered to the nearest available place at which the repairs can be
made—
(1) on the railroad line on which the defect or insecurity was discov-
ered; or
(2) at the option of a connecting railroad carrier, on the railroad line
of the connecting carrier, if not farther than the place of repair described
in clause (1) of this subsection.
(b) USE OF CHAINS INSTEAD OF DRAWBARS.—A vehicle in a revenue train
or in association with commercially-used vehicles may be moved under this
section with chains instead of drawbars only when the vehicle contains live-
stock or perishable freight.
(c) LIABILITY.—The movement of a vehicle under this section is at the risk
only of the railroad carrier doing the moving. This section does not relieve
a carrier from liability in a proceeding to recover damages for death or in-
jury of a railroad employee arising from the movement of a vehicle with
equipment that is defective, insecure, or not maintained in compliance with
this chapter.
§ 20304. Assumption of risk by employees
An employee of a railroad carrier injured by a vehicle or train used in
violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not
assume the risk of injury resulting from the violation, even if the employee
continues to be employed by the carrier after learning of the violation.
§ 20305. Inspection of mail cars
The Secretary of Transportation shall inspect the construction, adapt-
ability, design, and condition of mail cars used on railroads in the United
States. The Secretary shall make a report on the inspection and submit a
copy of the report to the United States Postal Service.
§ 20306. Exemption for technological improvements
(a) GENERAL.—Subject to subsection (b) of this section, the Secretary of
Transportation may exempt from the requirements of this chapter railroad
equipment or equipment that will be operated on rails, when those require-
ments preclude the development or implementation of more efficient railroad
transportation equipment or other transportation innovations under existing
law.
167
(b) CONDITIONS FOR EXEMPTION.—The Secretary may grant an exemption
under subsection (a) of this section only on the basis of—
(1) findings based on evidence developed at a hearing; or
(2) an agreement between national railroad labor representatives and
the developer of the new equipment or technology.
CHAPTER 205—SIGNAL SYSTEMS
Sec.
20501.
Definition.
20502.
Requirements for installation and use.
20503.
Amending regulations and changing requirements.
20504.
Inspection, testing, and investigation.
20505.
Reports of malfunctions and accidents.
§ 20501. Definition
In this chapter, ‘‘signal system’’ means a block signal system, an interlock-
ing, automatic train stop, train control, or cab-signal device, or a similar ap-
pliance, method, device, or system intended to promote safety in railroad op-
erations.
§ 20502. Requirements for installation and use
(a) INSTALLATION.—(1) When the Secretary of Transportation decides after
an investigation that it is necessary in the public interest, the Secretary may
order a railroad carrier to install, on any part of its railroad line, a signal
system that complies with requirements of the Secretary. The order must
allow the carrier a reasonable time to complete the installation. A carrier
may discontinue or materially alter a signal system required under this para-
graph only with the approval of the Secretary.
(2) A railroad carrier ordered under paragraph (1) of this subsection to
install a signal system on one part of its railroad line may not be held neg-
ligent for not installing the system on any part of its line that was not in-
cluded in the order. If an accident or incident occurs on a part of the line
on which the signal system was not required to be installed and was not in-
stalled, the use of the system on another part of the line may not be considered
in a civil action brought because of the accident or incident.
(b) USE.—A railroad carrier may allow a signal system to be used on its
railroad line only when the system, including its controlling and operating
appurtenances—
(1) may be operated safely without unnecessary risk of personal in-
jury; and
(2) has been inspected and can meet any test prescribed under this
chapter.
168
§ 20503. Amending regulations and changing requirements
The Secretary of Transportation may amend a regulation or change a re-
quirement applicable to a railroad carrier for installing, maintaining, in-
specting, or repairing a signal system under this chapter—
(1) when the carrier files with the Secretary a request for the amend-
ment or change and the Secretary approves the request; or
(2) on the Secretary’s own initiative for good cause shown.
§ 20504. Inspection, testing, and investigation
(a) SYSTEMS IN USE.—(1) The Secretary of Transportation may—
(A) inspect and test a signal system used by a railroad carrier; and
(B) decide whether the system is in safe operating condition.
(2) In carrying out this subsection, the Secretary may employ only an in-
dividual who—
(A) has no interest in a patented article required to be used on or with
a signal system; and
(B) has no financial interest in a railroad carrier or in a concern
dealing in railroad supplies.
(b) SYSTEMS SUBMITTED FOR INVESTIGATION AND TESTING.—The Sec-
retary may investigate, test, and report on the use of and need for a signal
system, without cost to the United States Government, when the system is sub-
mitted in completed shape for investigation and testing.
§ 20505. Reports of malfunctions and accidents
In the way and to the extent required by the Secretary of Transportation,
a railroad carrier shall report to the Secretary a failure of a signal system
to function as intended. If the failure results in an accident or incident caus-
ing injury to an individual or property that is required to be reported under
regulations prescribed by the Secretary, the carrier owning or maintaining
the signal system shall report to the Secretary immediately in writing the fact
of the accident or incident.
CHAPTER 207—LOCOMOTIVES
Sec.
20701.
Requirements for use.
20702.
Inspections, repairs, and inspection and repair reports.
20703.
Accident reports and investigations.
§ 20701. Requirements for use
A railroad carrier may use or allow to be used a locomotive or tender on
its railroad line only when the locomotive or tender and its parts and appur-
tenances—
(1) are in proper condition and safe to operate without unnecessary
danger of personal injury;
(2) have been inspected as required under this chapter and regulations
prescribed by the Secretary of Transportation under this chapter; and
169
(3) can withstand every test prescribed by the Secretary under this
chapter.
§ 20702. Inspections, repairs, and inspection and repair re-
ports
(a) GENERAL.—The Secretary of Transportation shall—
(1) become familiar, so far as practicable, with the condition of every
locomotive and tender and its parts and appurtenances;
(2) inspect every locomotive and tender and its parts and appur-
tenances as necessary to carry out this chapter, but not necessarily at
stated times or at regular intervals; and
(3) ensure that every railroad carrier makes inspections of locomotives
and tenders and their parts and appurtenances as required by regula-
tions prescribed by the Secretary and repairs every defect that is dis-
closed by an inspection before a defective locomotive, tender, part, or ap-
purtenance is used again.
(b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS.—(1) When the
Secretary finds that a locomotive, tender, or locomotive or tender part or ap-
purtenance owned or operated by a railroad carrier does not comply with this
chapter or a regulation prescribed under this chapter, the Secretary shall give
the carrier written notice describing any defect resulting in noncompliance.
Not later than 5 days after receiving the notice of noncompliance, the carrier
may submit a written request for a reinspection. On receiving the request, the
Secretary shall provide for the reinspection by an officer or employee of the
Department of Transportation who did not make the original inspection. The
reinspection shall be made not later than 15 days after the date the Secretary
gives the notice of noncompliance.
(2) Immediately after the reinspection is completed, the Secretary shall give
written notice to the railroad carrier stating whether the locomotive, tender,
part, or appurtenance is in compliance. If the original finding of noncompli-
ance is sustained, the carrier has 30 days after receipt of the notice to file
an appeal with the Secretary. If the carrier files an appeal, the Secretary,
after providing an opportunity for a proceeding, may revise or set aside the
finding of noncompliance.
(3) A locomotive, tender, part, or appurtenance found not in compliance
under this subsection may be used only after it is—
(A) repaired to comply with this chapter and regulations prescribed
under this chapter; or
(B) found on reinspection or appeal to be in compliance.
(c) REPORTS.—A railroad carrier shall make and keep, in the way the Sec-
retary prescribes by regulation, a report of every—
170
(1) inspection made under regulations prescribed by the Secretary;
and
(2) repair made of a defect disclosed by such an inspection.
(d) CHANGES
IN INSPECTION PROCEDURES.—A railroad carrier may
change a rule or instruction of the carrier governing the inspection by the
carrier of the locomotives and tenders and locomotive and tender parts and
appurtenances of the carrier when the Secretary approves a request filed by
the carrier to make the change.
§ 20703. Accident reports and investigations
(a) ACCIDENT REPORTS AND SCENE PRESERVATION.—When the failure of
a locomotive, tender, or locomotive or tender part or appurtenance results in
an accident or incident causing serious personal injury or death, the railroad
carrier owning or operating the locomotive or tender—
(1) immediately shall file with the Secretary of Transportation a writ-
ten statement of the fact of the accident or incident; and
(2) when the locomotive is disabled to the extent it cannot be operated
under its own power, shall preserve intact all parts affected by the acci-
dent or incident, if possible without interfering with traffic, until an in-
vestigation of the accident or incident is completed.
(b) INVESTIGATIONS.—The Secretary shall—
(1) investigate each accident and incident reported under subsection
(a) of this section;
(2) inspect each part affected by the accident or incident; and
(3) make a complete and detailed report on the cause of the accident
or incident.
(c) PUBLICATION AND USE OF INVESTIGATION REPORTS.—When the Sec-
retary considers publication to be in the public interest, the Secretary may
publish a report of an investigation made under this section, stating the cause
of the accident or incident and making appropriate recommendations. No
part of a report may be admitted into evidence or used in a civil action for
damages resulting from a matter mentioned in the report.
CHAPTER 209—ACCIDENTS AND INCIDENTS
Sec.
20901.
Reports.
20902.
Investigations.
20903.
Reports not evidence in civil actions for damages.
§ 20901. Reports
(a) GENERAL REQUIREMENTS.—Not later than 30 days after the end of
each month, a railroad carrier shall file a report with the Secretary of Trans-
portation on all accidents and incidents resulting in injury or death to an
individual or damage to equipment or a roadbed arising from the carrier’s
operations during the month. The report shall be under oath and shall state
171
the nature, cause, and circumstances of each reported accident or incident.
If a railroad carrier assigns human error as a cause, the report shall include,
at the option of each employee whose error is alleged, a statement by the em-
ployee explaining any factors the employee alleges contributed to the accident
or incident.
(b) MONETARY THRESHOLD
FOR REPORTING.—(1) In establishing or
changing a monetary threshold for the reporting of a railroad accident or in-
cident, the Secretary shall base damage cost calculations only on publicly
available information obtained from—
(A) the Bureau of Labor Statistics; or
(B) another department, agency, or instrumentality of the United
States Government if the information has been collected through objective,
statistically sound survey methods or has been previously subject to a
public notice and comment process in a proceeding of a Government de-
partment, agency, or instrumentality.
(2) If information is not available as provided in paragraph (1)(A) or (B)
of this subsection, the Secretary may use any other source to obtain the infor-
mation. However, use of the information shall be subject to public notice and
an opportunity for written comment.
§ 20902. Investigations
(a) GENERAL AUTHORITY.—The Secretary of Transportation, or an impar-
tial investigator authorized by the Secretary, may investigate—
(1) an accident or incident resulting in serious injury to an individ-
ual or to railroad property, occurring on the railroad line of a railroad
carrier; and
(2) an accident or incident reported under section 20505 of this title.
(b) OTHER DUTIES AND POWERS.—In carrying out an investigation, the
Secretary or authorized investigator may subpena witnesses, require the pro-
duction of records, exhibits, and other evidence, administer oaths, and take
testimony. If the accident or incident is investigated by a commission of the
State in which it occurred, the Secretary, if convenient, shall carry out the
investigation at the same time as, and in coordination with, the commission’s
investigation. The railroad carrier on whose railroad line the accident or in-
cident occurred shall provide reasonable facilities to the Secretary for the in-
vestigation.
(c) REPORTS.—When in the public interest, the Secretary shall make a re-
port of the investigation, stating the cause of the accident or incident and
making recommendations the Secretary considers appropriate. The Secretary
shall publish the report in a way the Secretary considers appropriate.
172
§ 20903. Reports not evidence in civil actions for damages
No part of an accident or incident report filed by a railroad carrier under
section 20901 of this title or made by the Secretary of Transportation under
section 20902 of this title may be used in a civil action for damages resulting
from a matter mentioned in the report.
CHAPTER 211—HOURS OF SERVICE
Sec.
21101.
Definitions.
21102.
Nonapplication and exemption.
21103.
Limitations on duty hours of train employees.
21104.
Limitations on duty hours of signal employees.
21105.
Limitations on duty hours of dispatching service employees.
21106.
Limitations on employee sleeping quarters.
21107.
Maximum duty hours and subjects of collective bargaining.
§ 21101. Definitions
In this chapter—
(1) ‘‘designated terminal’’ means the home or away-from-home termi-
nal for the assignment of a particular crew.
(2) ‘‘dispatching service employee’’ means an operator, train dis-
patcher, or other train employee who by the use of an electrical or me-
chanical device dispatches, reports, transmits, receives, or delivers orders
related to or affecting train movements.
(3) ‘‘employee’’ means a dispatching service employee, a signal em-
ployee, or a train employee.
(4) ‘‘signal employee’’ means an individual employed by a railroad
carrier who is engaged in installing, repairing, or maintaining signal
systems.
(5) ‘‘train employee’’ means an individual engaged in or connected
with the movement of a train, including a hostler.
§ 21102. Nonapplication and exemption
(a) GENERAL.—This chapter does not apply to a situation involving any
of the following:
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown and unforeseeable to a
railroad carrier or its officer or agent in charge of the employee when
the employee left a terminal.
(b) EXEMPTION.—The Secretary of Transportation may exempt a railroad
carrier having not more than 15 employees covered by this chapter from the
limitations imposed by this chapter. The Secretary may allow the exemption
after a full hearing, for good cause shown, and on deciding that the exemption
is in the public interest and will not affect safety adversely. The exemption
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shall be for a specific period of time and is subject to review at least annually.
The exemption may not authorize a carrier to require or allow its employees
to be on duty more than a total of 16 hours in a 24-hour period.
§ 21103. Limitations on duty hours of train employees
(a) GENERAL.—Except as provided in subsection (c) of this section, a rail-
road carrier and its officers and agents may not require or allow a train em-
ployee to remain or go on duty—
(1) unless that employee has had at least 8 consecutive hours off duty
during the prior 24 hours; or
(2) after that employee has been on duty for 12 consecutive hours,
until that employee has had at least 10 consecutive hours off duty.
(b) DETERMINING TIME ON DUTY.—In determining under subsection (a)
of this section the time a train employee is on or off duty, the following rules
apply:
(1) Time on duty begins when the employee reports for duty and ends
when the employee is finally released from duty.
(2) Time the employee is engaged in or connected with the movement
of a train is time on duty.
(3) Time spent performing any other service for the railroad carrier
during a 24-hour period in which the employee is engaged in or con-
nected with the movement of a train is time on duty.
(4) Time spent in deadhead transportation to a duty assignment is
time on duty, but time spent in deadhead transportation from a duty
assignment to the place of final release is neither time on duty nor time
off duty.
(5) An interim period available for rest at a place other than a des-
ignated terminal is time on duty.
(6) An interim period available for less than 4 hours rest at a des-
ignated terminal is time on duty.
(7) An interim period available for at least 4 hours rest at a place
with suitable facilities for food and lodging is not time on duty when
the employee is prevented from getting to the employee’s designated ter-
minal by any of the following:
(A) a casualty.
(B) a track obstruction.
(C) an act of God.
(D) a derailment or major equipment failure resulting from a
cause that was unknown and unforeseeable to the railroad carrier
or its officer or agent in charge of that employee when that employee
left the designated terminal.
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(c) EMERGENCIES.—A train employee on the crew of a wreck or relief train
may be allowed to remain or go on duty for not more than 4 additional hours
in any period of 24 consecutive hours when an emergency exists and the work
of the crew is related to the emergency. In this subsection, an emergency ends
when the track is cleared and the railroad line is open for traffic.
§ 21104. Limitations on duty hours of signal employees
(a) GENERAL.—(1) In paragraph (2)(C) of this subsection, ‘‘24-hour pe-
riod’’ means the period beginning when a signal employee reports for duty
immediately after 8 consecutive hours off duty or, when required under para-
graph (2)(B) of this subsection, after 10 consecutive hours off duty.
(2) Except as provided in subsection (c) of this section, a railroad carrier
and its officers and agents may not require or allow a signal employee to
remain or go on duty—
(A) unless that employee has had at least 8 consecutive hours off duty
during the prior 24 hours;
(B) after that employee has been on duty for 12 consecutive hours,
until that employee has had at least 10 consecutive hours off duty; or
(C) after that employee has been on duty a total of 12 hours during
a 24-hour period, or after the end of that 24-hour period, whichever oc-
curs first, until that employee has had at least 8 consecutive hours off
duty.
(b) DETERMINING TIME ON DUTY.—In determining under subsection (a)
of this section the time a signal employee is on duty or off duty, the following
rules apply:
(1) Time on duty begins when the employee reports for duty and ends
when the employee is finally released from duty.
(2) Time spent performing any other service for the railroad carrier
during a 24-hour period in which the employee is engaged in installing,
repairing, or maintaining signal systems is time on duty.
(3) Time spent returning from a trouble call, whether the employee
goes directly to the employee’s residence or by way of the employee’s
headquarters, is neither time on duty nor time off duty, except that up
to one hour of that time spent returning from the final trouble call of
a period of continuous or broken service is time off duty.
(4) If, at the end of scheduled duty hours, an employee has not com-
pleted the trip from the final outlying worksite of the duty period to the
employee’s headquarters or directly to the employee’s residence, the time
after the scheduled duty hours necessarily spent in completing the trip
to the residence or headquarters is neither time on duty nor time off
duty.
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(5) If an employee is released from duty at an outlying worksite before
the end of the employee’s scheduled duty hours to comply with this sec-
tion, the time necessary for the trip from the worksite to the employee’s
headquarters or directly to the employee’s residence is neither time on
duty nor time off duty.
(6) Time spent in transportation on an ontrack vehicle, including
time referred to in paragraphs (3)–(5) of this subsection, is time on duty.
(7) A regularly scheduled meal period or another release period of at
least 30 minutes but not more than one hour is time off duty and does
not break the continuity of service of the employee under this section, but
a release period of more than one hour is time off duty and does break
the continuity of service.
(c) EMERGENCIES.—A signal employee may be allowed to remain or go on
duty for not more than 4 additional hours in any period of 24 consecutive
hours when an emergency exists and the work of that employee is related to
the emergency. In this subsection, an emergency ends when the signal system
is restored to service.
§ 21105. Limitations on duty hours of dispatching service em-
ployees
(a) APPLICATION.—This section applies, rather than section 21103 or
21104 of this title, to a train employee or signal employee during any period
of time the employee is performing duties of a dispatching service employee.
(b) GENERAL.—Except as provided in subsection (d) of this section, a dis-
patching service employee may not be required or allowed to remain or go
on duty for more than—
(1) a total of 9 hours during a 24-hour period in a tower, office, sta-
tion, or place at which at least 2 shifts are employed; or
(2) a total of 12 hours during a 24-hour period in a tower, office, sta-
tion, or place at which only one shift is employed.
(c) DETERMINING TIME ON DUTY.—Under subsection (b) of this section,
time spent performing any other service for the railroad carrier during a 24-
hour period in which the employee is on duty in a tower, office, station, or
other place is time on duty in that tower, office, station, or place.
(d) EMERGENCIES.—When an emergency exists, a dispatching service em-
ployee may be allowed to remain or go on duty for not more than 4 addi-
tional hours during a period of 24 consecutive hours for not more than 3 days
during a period of 7 consecutive days.
§ 21106. Limitations on employee sleeping quarters
A railroad carrier and its officers and agents—
(1) may provide sleeping quarters (including crew quarters, camp or
bunk cars, and trailers) for employees, and any individuals employed to
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maintain the right of way of a railroad carrier, only if the sleeping
quarters are clean, safe, and sanitary and give those employees and indi-
viduals an opportunity for rest free from the interruptions caused by
noise under the control of the carrier; and
(2) may not begin, after July 7, 1976, construction or reconstruction
of sleeping quarters referred to in clause (1) of this section in an area
or in the immediate vicinity of an area, as determined under regulations
prescribed by the Secretary of Transportation, in which railroad switch-
ing or humping operations are performed.
§ 21107. Maximum duty hours and subjects of collective bar-
gaining
The number of hours established by this chapter that an employee may be
required or allowed to be on duty is the maximum number of hours consistent
with safety. Shorter hours of service and time on duty of an employee are
proper subjects for collective bargaining between a railroad carrier and its
employees.
CHAPTER 213—PENALTIES
SUBCHAPTER I—CIVIL PENALTIES
Sec.
21301.
Chapter 201 general violations.
21302.
Chapter 201 accident and incident violations and chapter 203–209 violations.
21303.
Chapter 211 violations.
21304.
Willfulness requirement for penalties against individuals.
SUBCHAPTER II—CRIMINAL PENALTIES
21311.
Records and reports.
SUBCHAPTER I—CIVIL PENALTIES
§ 21301. Chapter 201 general violations
(a) PENALTY.—(1) Subject to section 21304 of this title, a person violating
a regulation prescribed or order issued by the Secretary of Transportation
under chapter 201 of this title is liable to the United States Government for
a civil penalty. The Secretary shall impose the penalty applicable under
paragraph (2) of this subsection. A separate violation occurs for each day the
violation continues.
(2) The Secretary shall include in, or make applicable to, each regulation
prescribed and order issued under chapter 201 of this title a civil penalty for
a violation. The amount of the penalty shall be at least $500 but not more
than $10,000. However, when a grossly negligent violation or a pattern of re-
peated violations has caused an imminent hazard of death or injury to indi-
viduals, or has caused death or injury, the amount may be not more than
$20,000.
(3) The Secretary may compromise the amount of a civil penalty imposed
under this subsection to not less than $500 before referring the matter to the
177
Attorney General for collection. In determining the amount of a compromise,
the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of violations, the ability to pay, and any effect on the ability to continue
to do business; and
(C) other matters that justice requires.
(b) SETOFF.—The Government may deduct the amount of a civil penalty
imposed or compromised under this section from amounts it owes the person
liable for the penalty.
(c) DEPOSIT IN TREASURY.—A civil penalty collected under this section or
section 20113(b) of this title shall be deposited in the Treasury as miscellane-
ous receipts.
§ 21302. Chapter 201 accident and incident violations and
chapter 203–209 violations
(a) PENALTY.—(1) Subject to section 21304 of this title, a person violating
a regulation prescribed or order issued under chapter 201 of this title related
to accident and incident reporting or investigation, or violating chapters
203–209 of this title or a regulation or requirement prescribed or order issued
under chapters 203–209, is liable to the United States Government for a civil
penalty. An act by an individual that causes a railroad carrier to be in viola-
tion is a violation. A separate violation occurs for each day the violation con-
tinues.
(2) The Secretary of Transportation imposes a civil penalty under this sub-
section. The amount of the penalty shall be at least $500 but not more than
$10,000. However, when a grossly negligent violation or a pattern of repeated
violations has caused an imminent hazard of death or injury to individuals,
or has caused death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil penalty under
section 3711 of title 31. In determining the amount of a compromise, the Sec-
retary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of violations, the ability to pay, and any effect on the ability to continue
to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil penalty,
the Secretary shall refer the matter to the Attorney General for collection.
(b) CIVIL ACTIONS TO COLLECT.—The Attorney General shall bring a civil
action in a district court of the United States to collect a civil penalty that
is referred to the Attorney General for collection under subsection (a) of this
178
section. The action may be brought in the judicial district in which the viola-
tion occurred or the defendant has its principal executive office. If the action
is against an individual, the action also may be brought in the judicial dis-
trict in which the individual resides.
§ 21303. Chapter 211 violations
(a) PENALTY.—(1) Subject to section 21304 of this title, a person violating
chapter 211 of this title is liable to the United States Government for a civil
penalty. An act by an individual that causes a railroad carrier to be in viola-
tion is a violation. For a violation of section 21106 of this title, a separate
violation occurs for each day a facility is not in compliance.
(2) The Secretary of Transportation imposes a civil penalty under this sub-
section. The amount of the penalty shall be at least $500 but not more than
$10,000. However, when a grossly negligent violation or a pattern of repeated
violations has caused an imminent hazard of death or injury to individuals,
or has caused death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil penalty under
section 3711 of title 31. In determining the amount of a compromise, the Sec-
retary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of violations, the ability to pay, and any effect on the ability to continue
to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil penalty,
the Secretary shall refer the matter to the Attorney General for collection.
(b) CIVIL ACTIONS TO COLLECT.—(1) The Attorney General shall bring a
civil action in a district court of the United States to collect a civil penalty
that is referred to the Attorney General for collection under subsection (a) of
this section after satisfactory information is presented to the Attorney Gen-
eral. The action may be brought in the judicial district in which the violation
occurred or the defendant has its principal executive office. If the action is
against an individual, the action also may be brought in the judicial district
in which the individual resides.
(2) A civil action under this subsection must be brought not later than 2
years after the date of the violation unless administrative notification under
section 3711 of title 31 is given within that 2-year period to the person com-
mitting the violation. However, even if notification is given, the action must
be brought within the period specified in section 2462 of title 28.
(c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this section,
a railroad carrier is deemed to know the acts of its officers and agents.
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§ 21304. Willfulness requirement for penalties against indi-
viduals
A civil penalty under this subchapter may be imposed against an individ-
ual only for a willful violation. An individual is deemed not to have commit-
ted a willful violation if the individual was following the direct order of a
railroad carrier official or supervisor under protest communicated to the offi-
cial or supervisor. The individual is entitled to document the protest.
SUBCHAPTER II—CRIMINAL PENALTIES
§ 21311. Records and reports
(a) RECORDS AND REPORTS UNDER CHAPTER 201.—A person shall be
fined under title 18, imprisoned for not more than 2 years, or both, if the
person knowingly and willfully—
(1) makes a false entry in a record or report required to be made or
preserved under chapter 201 of this title;
(2) destroys, mutilates, changes, or by another means falsifies such a
record or report;
(3) does not enter required specified facts and transactions in such a
record or report;
(4) makes or preserves such a record or report in violation of a regula-
tion prescribed or order issued under chapter 201 of this title; or
(5) files a false record or report with the Secretary of Transportation.
(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not filing the
report required by section 20901 of this title shall be fined not more than
$500 for each violation and not more than $500 for each day during which
the report is overdue.
PART B—ASSISTANCE
CHAPTER 221—LOCAL RAIL FREIGHT ASSISTANCE
Sec.
22101.
Financial assistance for State projects.
22102.
Eligibility.
22103.
Applications.
22104.
State rail plan financing.
22105.
Sharing project costs.
22106.
Limitations on financial assistance.
22107.
Records, audits, and information.
22108.
Authorization of appropriations.
§ 22101. Financial assistance for State projects
(a) GENERAL.—The Secretary of Transportation shall provide financial as-
sistance to a State, as provided under this chapter, for a rail freight assist-
ance project of the State when a rail carrier subject to subchapter I of chapter
105 of this title maintains a rail line in the State. The assistance is for the
cost of—
(1) acquiring, in any way the State considers appropriate, an interest
in a rail line or rail property to maintain existing, or to provide future,
180
rail freight transportation, but only if the Interstate Commerce Commis-
sion has authorized, or exempted from the requirements of that author-
ization, the abandonment of, or the discontinuance of rail transportation
on, the rail line related to the project;
(2) improving and rehabilitating rail property on a rail line to the
extent necessary to allow adequate and efficient rail freight transpor-
tation on the line, but only if the rail carrier certifies that the rail line
related to the project carried not more than 5,000,000 gross ton-miles of
freight a mile in the prior year; and
(3) building rail or rail-related facilities (including new connections
between at least 2 existing rail lines, intermodal freight terminals, sid-
ings, bridges, and relocation of existing lines) to improve the quality and
efficiency of the rail freight transportation, but only if the rail carrier
certifies that the rail line related to the project carried not more than
5,000,000 gross ton-miles of freight a mile in the prior year.
(b) CALCULATING COST-BENEFIT RATIO.—The Secretary shall establish a
methodology for calculating the ratio of benefits to costs of projects proposed
under this chapter. In establishing the methodology, the Secretary shall con-
sider the need for equitable treatment of different regions of the United States
and different commodities transported by rail. The establishment of the meth-
odology is committed to the discretion of the Secretary.
(c) CONDITIONS.—(1) Assistance for a project shall be provided under this
chapter only if—
(A) a rail carrier certifies that the rail line related to the project car-
ried more than 20 carloads a mile during the most recent year during
which transportation was provided by the carrier on the line; and
(B) the ratio of benefits to costs for the project, as calculated using
the methodology established under subsection (b) of this section, is more
than 1.0.
(2) If the rail carrier that provided the transportation on the rail line is
no longer in existence, the applicant for the project shall provide the informa-
tion required by the certification under paragraph (1)(A) of this subsection
in the way the Secretary prescribes.
(3) The Secretary may waive the requirement of paragraph (1)(A) or (2)
of this subsection if the Secretary—
(A) decides that the rail line has contractual guarantees of at least 40
carloads a mile for each of the first 2 years of operation of the proposed
project; and
(B) finds that there is a reasonable expectation that the contractual
guarantees will be fulfilled.
181
(d) LIMITATIONS ON AMOUNTS.—A State may not receive more than 15
percent of the amounts provided in a fiscal year under this chapter. Not more
than 20 percent of the amounts available under this chapter may be provided
in a fiscal year for any one project.
§ 22102. Eligibility
A State is eligible to receive financial assistance under this chapter only
when the State complies with regulations the Secretary of Transportation pre-
scribes under this chapter and the Secretary decides that—
(1) the State has an adequate plan for rail transportation in the State
and a suitable process for updating, revising, and modifying the plan;
(2) the State plan is administered or coordinated by a designated
State authority and provides for a fair distribution of resources;
(3) the State authority—
(A) is authorized to develop, promote, supervise, and support safe,
adequate, and efficient rail transportation;
(B) employs or will employ sufficient qualified and trained per-
sonnel;
(C) maintains or will maintain adequate programs of investiga-
tion, research, promotion, and development with opportunity for
public participation; and
(D) is designated and directed to take all practicable steps (by
itself or with other State authorities) to improve rail transportation
safety and reduce energy use and pollution related to transpor-
tation; and
(4) the State has ensured that it maintains or will maintain adequate
procedures for financial control, accounting, and performance evaluation
for the proper use of assistance provided by the United States Govern-
ment.
§ 22103. Applications
(a) FILING.—A State must file an application with the Secretary of Trans-
portation for financial assistance for a project described under section
22101(a) of this title not later than January 1 of the fiscal year for which
amounts have been appropriated. However, for a fiscal year for which the au-
thorization of appropriations for assistance under this chapter has not been
enacted by the first day of the fiscal year, the State must file the application
not later than 90 days after the date of enactment of a law authorizing the
appropriations for that fiscal year. The Secretary shall prescribe the form of
the application.
(b) CONSIDERATIONS.—In considering an application under this sub-
section, the Secretary shall consider the following:
182
(1) the percentage of rail lines that rail carriers have identified to the
Interstate Commerce Commission for abandonment or potential abandon-
ment in the State.
(2) the likelihood of future abandonments in the State.
(3) the ratio of benefits to costs for a proposed project calculated using
the methodology established under section 22101(b) of this title.
(4) the likelihood that the rail line will continue operating with assist-
ance.
(5) the impact of rail bankruptcies, rail restructuring, and rail merg-
ers on the State.
§ 22104. State rail plan financing
(a) ENTITLEMENT AND USES.—On the first day of each fiscal year, each
State is entitled to $36,000 of the amounts made available under section
22108 of this title during that fiscal year to be used—
(1) to establish, update, revise, and modify the State plan required by
section 22102 of this title; or
(2) to carry out projects described in section 22101(a)(1), (2), or (3)
of this title, as designated by the State, if those projects meet the require-
ments of section 22101(c)(1)(B) of this title.
(b) APPLICATIONS.—Each State must apply for amounts under this section
not later than the first day of the fiscal year for which the amounts are avail-
able. However, for any fiscal year for which the authorization of appropria-
tions for financial assistance under this chapter has not been enacted by the
first day of the fiscal year, the State must apply for amounts under this sec-
tion not later than 60 days after the date of enactment of a law authorizing
the appropriations for that fiscal year. Not later than 60 days after receiving
an application, the Secretary of Transportation shall consider the application
and notify the State of the approval or disapproval of the application.
(c) AVAILABILITY OF AMOUNTS.—Amounts provided under this section re-
main available to a State for obligation for the first 3 months after the end
of the fiscal year for which the amounts were made available. Amounts not
applied for under this section or that remain unobligated after the first 3
months after the end of the fiscal year for which the amounts were made
available are available to the Secretary for projects meeting the requirements
of this chapter.
§ 22105. Sharing project costs
(a) GENERAL.—(1) The United States Government’s share of the costs of
financial assistance for a project under this chapter is 50 percent, except that
for assistance provided under section 22101(a)(2) of this title, the Govern-
ment’s share is 70 percent. The State may pay its share of the costs in cash
183
or through the following benefits, to the extent that the benefits otherwise
would not be provided:
(A) forgiveness of taxes imposed on a rail carrier or its property.
(B) real and tangible personal property (provided by the State or a
person for the State) necessary for the safe and efficient operation of rail
freight transportation.
(C) track rights secured by the State for a rail carrier.
(D) the cash equivalent of State salaries for State employees working
on the State project, except overhead and general administrative costs.
(2) A State may pay more than its required percentage share of the costs
of a project under this chapter. When a State, or a person acting for a State,
pays more than the State share of the costs of its projects during a fiscal year,
the excess amount shall be applied to the State share for the costs of the State
projects for later fiscal years.
(b) AGREEMENTS TO COMBINE AMOUNTS.—States may agree to combine
any part of the amounts made available under this chapter to carry out a
project that is eligible for assistance under this chapter when—
(1) the project will benefit each State making the agreement; and
(2) the agreement is not a violation of State law.
§ 22106. Limitations on financial assistance
(a) GRANTS AND LOANS.—A State shall use financial assistance for projects
under this chapter to make a grant or lend money to the owner of rail prop-
erty, or a rail carrier providing rail transportation, related to a project being
assisted. The State shall decide on the financial terms of the grant or loan,
except that the time for making grant advances shall comply with regulations
of the Secretary of the Treasury.
(b) HOLDING AND USE OF GOVERNMENT’S SHARE.—The State shall place
the United States Government’s share of money that is repaid in an interest-
bearing account. However, the Secretary of Transportation may allow a bor-
rower to place that money, for the benefit of the State, in a bank designated
by the Secretary of the Treasury under section 10 of the Act of June 11, 1942
(12 U.S.C. 265). The State shall use the money and accumulated interest to
make other grants and loans under this chapter.
(c) PAYMENT OF UNUSED MONEY AND ACCUMULATED INTEREST.—The
State may pay the Secretary of Transportation the Government’s share of un-
used money and accumulated interest at any time. However, the State must
pay the unused money and accumulated interest to the Secretary when the
State ends its participation under this chapter.
(d) ENCOURAGING PARTICIPATION.—To the maximum extent possible, the
State shall encourage the participation of shippers, rail carriers, and local
communities in paying the State share of assistance costs.
184
(e) RETENTION OF CONTINGENT INTEREST.—Each State shall retain a con-
tingent interest (redeemable preference shares) for the Government’s share of
amounts in a rail line receiving assistance under this chapter. The State may
collect its share of the amounts used for the rail line if—
(1) an application for abandonment of the rail line is filed under
chapter 109 of this title; or
(2) the rail line is sold or disposed of after it has received assistance
under this chapter.
§ 22107. Records, audits, and information
(a) RECORDS.—Each recipient of financial assistance through an arrange-
ment under this chapter shall keep records required by the Secretary of Trans-
portation. The records shall be kept for 3 years after a project is completed
and shall disclose—
(1) the amount of, and disposition by the recipient, of the assistance;
(2) the total costs of the project for which the assistance was given or
used;
(3) the amount of that part of the costs of the project paid by other
sources; and
(4) any other records that will make an effective audit easier.
(b) AUDITS.—The Secretary and the Comptroller General shall make regu-
lar financial and performance audits, as provided under chapter 75 of title
31, of activities and transactions assisted under this chapter.
(c) INFORMATION.—The Interstate Commerce Commission shall provide the
Secretary with information the Secretary requests to assist in carrying out
this chapter. The Commission shall provide the information not later than 30
days after receiving a request from the Secretary.
(d) LIST OF RAIL LINES.—Not later than August 1 of each year, each rail
carrier subject to subchapter I of chapter 105 of this title shall submit to the
Secretary a list of the rail lines of the carrier that carried not more than
5,000,000 gross ton-miles of freight a mile in the prior year.
§ 22108. Authorization of appropriations
(a) GENERAL.—(1) Not more than the following amounts may be appro-
priated to the Secretary of Transportation to carry out this chapter:
(A) $25,000,000 for the fiscal year ending September 30, 1993.
(B) $30,000,000 for the fiscal year ending September 30, 1994.
(2) Amounts appropriated under paragraph (1) of this subsection remain
available until expended.
(3) No amount may be appropriated to the Secretary for any period after
September 30, 1994, to carry out this chapter.
(b) DISTRIBUTION OF AMOUNTS.—The Secretary shall establish procedures
necessary to ensure that amounts available to the Secretary for projects under
185
this chapter are distributed not later than April 1 of the fiscal year for which
the amounts are appropriated. If any amounts are not distributed by April
1, the Secretary shall report to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of those amounts and the reasons
for the delay in distribution.
(c) AVAILABILITY OF OTHER AMOUNTS.—Amounts appropriated to carry
out section 5(i) of the Department of Transportation Act for fiscal year 1990
that are not applied for or that remain unobligated on January 1, 1991, are
available to the Secretary for projects under this chapter.
PART C—PASSENGER TRANSPORTATION
CHAPTER 241—GENERAL
Sec.
24101.
Findings, purpose, and goals.
24102.
Definitions.
24103.
Enforcement.
24104.
Authorization of appropriations.
§ 24101. Findings, purpose, and goals
(a) FINDINGS.—(1) Public convenience and necessity require that Amtrak,
to the extent its budget allows, provide modern, cost-efficient, and energy-effi-
cient 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 air-
ways 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 orga-
nizations, 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 impor-
tant 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 trans-
portation.
186
(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 ex-
press;
(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 to share the cost of provid-
ing rail passenger transportation, including the cost of operating facili-
ties;
(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 sta-
tion 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 pas-
senger transportation;
(8) improve generally the performance of Amtrak through comprehen-
sive and systematic operational programs and employee incentives;
(9) carry out policies that ensure equitable access to the Northeast Cor-
ridor by intercity and commuter rail passenger transportation;
(10) coordinate the uses of the Northeast Corridor, particularly inter-
city 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.
187
(d) MINIMIZING GOVERNMENT SUBSIDIES.—To carry out subsection (c)(11)
of this section, Amtrak is encouraged to make agreements with the private sec-
tor and undertake initiatives that are consistent with good business judgment
and designed to maximize its revenues and minimize Government subsidies.
§ 24102. Definitions
In this part—
(1) ‘‘auto-ferry transportation’’ means intercity rail passenger trans-
portation—
(A) of automobiles or recreational vehicles and their occupants;
and
(B) when space is available, of used unoccupied vehicles.
(2) ‘‘avoidable loss’’ means the avoidable costs of providing rail pas-
senger transportation, less revenue attributable to the transportation, as
determined by the Interstate Commerce Commission under section 553
of title 5.
(3) ‘‘basic system’’ means the system of intercity rail passenger trans-
portation 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) 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.
(4) ‘‘commuter authority’’ means a State, local, or regional entity es-
tablished to provide, or make a contract providing for, commuter rail
passenger transportation.
(5) ‘‘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.
(6) ‘‘intercity rail passenger transportation’’ means rail passenger
transportation, except commuter rail passenger transportation.
(7) ‘‘Northeast Corridor’’ means Connecticut, Delaware, the District of
Columbia, Maryland, Massachusetts, New Jersey, New York, Pennsylva-
nia, and Rhode Island.
(8) ‘‘rail carrier’’ means a person providing rail transportation for
compensation.
(9) ‘‘rate’’ means a rate, fare, or charge for rail transportation.
(10) ‘‘regional transportation authority’’ means an entity established
to provide passenger transportation in a region.
(11) ‘‘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.
188
§ 24103. Enforcement
(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 incon-
sistent 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 respon-
sibilities 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 transpor-
tation, 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.
§ 24104. Authorization of appropriations
(a) CAPITAL ACQUISITION AND CORRIDOR DEVELOPMENT.—(1) Not more
than $250,000,000 may be appropriated to the Secretary of Transportation
for each of the fiscal years ending September 30, 1993, and September 30,
1994, for the benefit of Amtrak to make capital expenditures under chapters
243–247 of this title.
(2) In addition to amounts that may be appropriated under section 24909
of this title, not more than the following amounts may be appropriated to
the Secretary for the benefit of Amtrak to make capital expenditures under
chapter 249 of this title:
(A) $220,000,000 for the fiscal year ending September 30, 1993.
(B) $250,000,000 for the fiscal year ending September 30, 1994.
(3)(A) Not more than 15 percent of each of the amounts appropriated
under paragraphs (1) and (2) of this subsection is available for transpor-
tation described in subparagraphs (B) and (C) of this paragraph.
189
(B) Amounts made available under subparagraph (A) of this paragraph
shall be used to develop new intercity rail passenger transportation on cor-
ridors between cities undergoing significant population growth and in which
the transportation reasonably can be expected to provide travel times com-
parable with other surface transportation modes. An amount may be expended
for the transportation only if a State requests the transportation and the
State and Amtrak agree that—
(i) Amtrak will pay at least 90 percent of the cost of acquiring rolling
stock for the transportation; and
(ii) the State will pay at least 90 percent of the cost of improving the
right of way, including track structure, signal systems, passenger station
facilities, highway and pedestrian grade crossings, and other safety
equipment and facilities.
(C) Amounts made available under subparagraph (A) of this paragraph
shall be used to begin new long distance intercity rail passenger transpor-
tation. An amount may be expended for the transportation only if a State
requests the transportation and the State and Amtrak agree that—
(i) Amtrak will pay at least 75 percent of the cost of acquiring rolling
stock for the transportation; and
(ii) the State will pay at least 90 percent of the cost of improving the
right of way, including track structure, signal systems, passenger station
facilities, highway and pedestrian grade crossings, and other safety
equipment and facilities.
(D) Section 24704 of this title applies to the operating expenses of trans-
portation described in subparagraphs (B) and (C) of this paragraph.
(b) OPERATING EXPENSES.—(1) Not more than $381,000,000 may be ap-
propriated to the Secretary for each of the fiscal years ending September 30,
1993, and September 30, 1994, for the benefit of Amtrak for operating ex-
penses. Not more than 5 percent of the amounts appropriated for each fiscal
year shall be used to pay operating expenses under section 24704 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
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 subpara-
graph (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
190
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 Unem-
ployment 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 appro-
priated 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.
CHAPTER 243—AMTRAK
Sec.
24301.
Status and applicable laws.
24302.
Board of directors.
24303.
Officers.
24304.
Capitalization.
24305.
General authority.
24306.
Mail, express, and auto-ferry transportation.
24307.
Special transportation.
24308.
Use of facilities and providing services to Amtrak.
24309.
Retaining and maintaining facilities.
24310.
Assistance for upgrading facilities.
24311.
Acquiring interests in property by eminent domain.
191
24312.
Labor standards.
24313.
Rail safety system program.
24314.
Demonstration of new technology.
24315.
Reports and audits.
§ 24301. Status and applicable laws
(a) STATUS.—Amtrak—
(1) is a rail carrier under section 10102 of this title;
(2) shall be operated and managed as a for-profit corporation; and
(3) is not a department, agency, or instrumentality of the United
States Government.
(b) PRINCIPAL OFFICE AND PLACE OF BUSINESS.—The principal office
and place of business of Amtrak are in the District of Columbia. Amtrak is
qualified to do business in each State in which Amtrak carries out an activity
authorized under this part. Amtrak shall accept service of process by certified
mail addressed to the secretary of Amtrak at its principal office and place
of business. Amtrak is a citizen only of the District of Columbia when decid-
ing original jurisdiction of the district courts of the United States in a civil
action.
(c) APPLICATION OF SUBTITLE IV.—(1) Subtitle IV of this title applies to
Amtrak, except for provisions related to the—
(A) regulation of rates;
(B) abandonment or extension of rail lines used only for passenger
transportation and the abandonment or extension of operations over
those lines;
(C) regulation of routes and service;
(D) discontinuance or change of rail passenger transportation oper-
ations; and
(E) issuance of securities or the assumption of an obligation or liabil-
ity related to the securities of others.
(2) Notwithstanding this subsection—
(A) sections 10721–10724 of this title apply to Amtrak; and
(B) on application of an adversely affected motor carrier, the Inter-
state Commerce Commission under any provision of subtitle IV of this
title applicable to a carrier subject to subchapter I of chapter 105 of this
title may hear a complaint about an unfair or predatory rate or market-
ing practice of Amtrak for a route or service operating at a loss.
(d) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND REGU-
LATIONS.—Laws and regulations governing safety, employee representation
for collective bargaining purposes, the handling of disputes between carriers
and employees, employee retirement, annuity, and unemployment systems,
and other dealings with employees that apply to a common carrier subject
to subchapter I of chapter 105 of this title apply to Amtrak.
192
(e) APPLICATION OF CERTAIN ADDITIONAL LAWS.—Section 552 of title 5,
this part, and, to the extent consistent with this part, the District of Columbia
Business Corporation Act (D.C. Code § 29–301 et seq.) apply to Amtrak.
(f) LAWS GOVERNING LEASES AND CONTRACTS.—The laws of the District
of Columbia govern leases and contracts of Amtrak, regardless of where they
are executed.
(g) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—A State or
other law related to rates, routes, or service does not apply to Amtrak in con-
nection with rail passenger transportation.
(h) NONAPPLICATION OF PAY PERIOD LAWS.—A State or local law related
to pay periods or days for payment of employees does not apply to Amtrak.
Except when otherwise provided under a collective bargaining agreement, an
employee of Amtrak shall be paid at least as frequently as the employee was
paid on October 1, 1979.
(i) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—A State
may not adopt or continue in force a law, rule, regulation, order, or standard
requiring Amtrak to employ a specified number of individuals to perform a
particular task, function, or operation.
(j) NONAPPLICATION OF LAWS ON JOINT USE OR OPERATION OF FACILI-
TIES AND EQUIPMENT.—Prohibitions of law applicable to an agreement for
the joint use or operation of facilities and equipment necessary to provide
quick and efficient rail passenger transportation do not apply to a person
making an agreement with Amtrak to the extent necessary to allow the person
to make and carry out obligations under the agreement.
(k) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection—
(A) ‘‘additional tax’’ means a tax or fee—
(i) on the acquisition, improvement, ownership, or operation of
personal property by Amtrak; and
(ii) on real property, except a tax or fee on the acquisition of real
property or on the value of real property not attributable to im-
provements made, or the operation of those improvements, by Am-
trak.
(B) ‘‘Amtrak’’ includes a rail carrier subsidiary of Amtrak and a les-
sor or lessee of Amtrak or one of its rail carrier subsidiaries.
(2) Amtrak is not required to pay an additional tax because of an expendi-
ture to acquire or improve real property, equipment, a facility, or right-of-
way material or structures used in providing rail passenger transportation,
even if that use is indirect.
(l ) EXEMPTION FROM TAXES LEVIED AFTER SEPTEMBER 30, 1981.—(1)
Amtrak or a rail carrier subsidiary of Amtrak is exempt from a tax or fee
imposed by a State, a political subdivision of a State, or a local taxing au-
193
thority and levied on it after September 30, 1981. However, Amtrak is not
exempt under this subsection from a tax or fee that it was required to pay
as of September 10, 1982.
(2) The district courts of the United States have original jurisdiction over
a civil action Amtrak brings to enforce this subsection and may grant equi-
table or declaratory relief requested by Amtrak.
(m) WASTE DISPOSAL.—(1) An intercity rail passenger car manufactured
after October 14, 1990, shall be built to provide for the discharge of human
waste only at a servicing facility. Amtrak shall retrofit each of its intercity
rail passenger cars that was manufactured after May 1, 1971, and before Oc-
tober 15, 1990, with a human waste disposal system that provides for the dis-
charge of human waste only at a servicing facility. Subject to appropria-
tions—
(A) the retrofit program shall be completed not later than October 15,
1996; and
(B) a car that does not provide for the discharge of human waste only
at a servicing facility shall be removed from service after that date.
(2) Section 361 of the Public Health Service Act (42 U.S.C. 264) and other
laws of the United States, States, and local governments do not apply to
waste disposal from rail carrier vehicles operated in intercity rail passenger
transportation. The district courts of the United States have original jurisdic-
tion over a civil action Amtrak brings to enforce this paragraph and may
grant equitable or declaratory relief requested by Amtrak.
(n) RAIL TRANSPORTATION TREATED EQUALLY.—When authorizing trans-
portation in the continental United States for an officer, employee, or member
of the uniformed services of a department, agency, or instrumentality of the
Government, the head of that department, agency, or instrumentality shall
consider rail transportation (including transportation by extra-fare trains)
the same as transportation by another authorized mode. The Administrator
of General Services shall include Amtrak in the contract air program of the
Administrator in markets in which transportation provided by Amtrak is
competitive with other carriers on fares and total trip times.
§ 24302. Board of directors
(a) COMPOSITION AND TERMS.—(1) The board of directors of Amtrak is
composed of the following 9 directors, each of whom must be a citizen of the
United States:
(A) the Secretary of Transportation.
(B) the President of Amtrak.
(C) 3 individuals appointed by the President of the United States, by
and with the advice and consent of the Senate, as follows:
194
(i) one individual selected from a list of 3 qualified individuals
submitted by the Railway Labor Executives Association.
(ii) one chief executive officer of a State selected from among the
chief executive officers of States with an interest in rail transpor-
tation. The chief executive officer may select an individual to act
as the officer’s representative at board meetings.
(iii) one individual selected as a representative of business with
an interest in rail transportation.
(D) 2 individuals selected by the President of the United States from
a list of names consisting of one individual nominated by each commuter
authority for which Amtrak Commuter provides commuter rail passenger
transportation under section 24505 of this title and one individual nom-
inated by each commuter authority in the region (as defined in section
102 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702))
that provides its own commuter rail passenger transportation or makes
a contract with an operator (except Amtrak Commuter), except that—
(i) one of the individuals selected must have been nominated by
a commuter authority for which Amtrak Commuter provides com-
muter rail transportation; or
(ii) if Amtrak Commuter does not provide commuter rail pas-
senger transportation for any authority, the 2 individuals shall be
selected from a list of 5 individuals submitted by commuter authori-
ties providing transportation over rail property of Amtrak.
(E) 2 individuals selected by the holders of the preferred stock of Am-
trak.
(2) An individual appointed under paragraph (1)(C) of this subsection
serves for 4 years or until the individual’s successor is appointed and quali-
fied. Not more than 2 individuals appointed under paragraph (1)(C) may be
members of the same political party.
(3) An individual selected under paragraph (1)(D) of this subsection serves
for 2 years or until the individual’s successor is selected.
(4) An individual selected under paragraph (1)(E) of this subsection serves
for one year or until the individual’s successor is selected.
(5) The President of Amtrak serves as Chairman of the board.
(6) The Secretary may be represented at a meeting of the board only by
the Deputy Secretary of Transportation, the Administrator of the Federal
Railroad Administration, or the General Counsel of the Department of Trans-
portation.
(b) CUMULATIVE VOTING.—The articles of incorporation of Amtrak shall
provide for cumulative voting for all stockholders.
195
(c) CONFLICTS OF INTEREST.—When serving on the board, a director ap-
pointed by the President of the United States may not have—
(1) a financial or employment relationship with a rail carrier; and
(2) a significant financial relationship or an employment relationship
with a person competing with Amtrak in providing passenger transpor-
tation.
(d) PAY AND EXPENSES.—Each director not employed by the United States
Government is entitled to $300 a day when performing board duties and pow-
ers. Each director is entitled to reimbursement for necessary travel, reasonable
secretarial and professional staff support, and subsistence expenses incurred
in attending board meetings.
(e) VACANCIES.—A vacancy on the board is filled in the same way as the
original selection, except that an individual appointed by the President of the
United States under subsection (a)(1)(C) of this section to fill a vacancy oc-
curring before the end of the term for which the predecessor of that individual
was appointed is appointed for the remainder of that term. A vacancy re-
quired to be filled by appointment under subsection (a)(1)(C) must be filled
not later than 120 days after the vacancy occurs.
(f) BYLAWS.—The board may adopt and amend bylaws governing the oper-
ation of Amtrak. The bylaws shall be consistent with this part and the articles
of incorporation.
§ 24303. Officers
(a) APPOINTMENT AND TERMS.—Amtrak has a President and other officers
that are named and appointed by the board of directors of Amtrak. An officer
of Amtrak must be a citizen of the United States. Officers of Amtrak serve
at the pleasure of the board.
(b) PAY.—The board may fix the pay of the officers of Amtrak. An officer
may not be paid more than the general level of pay for officers of rail carriers
with comparable responsibility.
(c) CONFLICTS OF INTEREST.—When employed by Amtrak, an officer may
not have a financial or employment relationship with another rail carrier,
except that holding securities issued by a rail carrier is not deemed to be a
violation of this subsection if the officer holding the securities makes a com-
plete public disclosure of the holdings and does not participate in any deci-
sion directly affecting the rail carrier.
§ 24304. Capitalization
(a) STOCK.—Amtrak may have outstanding one issue of common stock and
one issue of preferred stock. Each type of stock is eligible for a dividend. The
articles of incorporation of Amtrak shall provide that—
(1) each type of stock must be fully paid and nonassessable;
(2) common stock has a par value of $10 a share; and
196
(3) preferred stock has a par value of $100 a share.
(b) LIMITATIONS ON OWNERSHIP AND VOTING.—(1) A rail carrier or per-
son controlling a rail carrier—
(A) may not hold preferred stock of Amtrak; and
(B) may vote not more than one-third of the total number of shares
of outstanding common stock of Amtrak.
(2) Additional common stock owned by a rail carrier or person controlling
a rail carrier is deemed to be not outstanding for voting and quorum pur-
poses.
(c) PREFERRED STOCK DIVIDENDS AND LIQUIDATION PREFERENCES.—The
articles of incorporation of Amtrak shall provide that—
(1) its preferred stock has a cumulative dividend of at least 6 percent
a year;
(2) if a dividend on the preferred stock is not declared and paid or
set aside for payment, the deficiency shall be declared and paid or set
aside for payment before a dividend or other distribution is made on its
common stock;
(3) the preferred stock has a liquidation preference over the common
stock entitling holders of preferred stock to receive a liquidation payment
of at least par value plus all accrued unpaid dividends before a liquida-
tion payment is made to holders of common stock; and
(4) the preferred stock may be converted to common stock.
(d) ISSUANCE OF PREFERRED STOCK TO SECRETARY.—(1) Not later than
30 days after the close of each fiscal quarter, Amtrak shall issue to the Sec-
retary of Transportation preferred stock equal, to the nearest whole share, to
the amount paid to Amtrak under section 24104(d) of this title during the
quarter.
(2) Preferred stock issued under this subsection or section 304(c)(1) of the
Rail Passenger Service Act is deemed to be issued on the date Amtrak receives
the amounts for which the stock is issued.
(3) An amendment to the articles of incorporation of Amtrak is not re-
quired for issuing preferred stock under this subsection.
(e) TAXES AND FEES ON PREFERRED STOCK.—A tax or fee applies to pre-
ferred stock issued under this section only if specifically prescribed by Con-
gress.
(f) NONVOTING CERTIFICATES
OF INDEBTEDNESS.—Amtrak may issue
nonvoting certificates of indebtedness, except that an obligation with a liq-
uidation interest superior to preferred stock issued to the Secretary or secured
by a lien on property of Amtrak may be incurred when preferred stock issued
to the Secretary is outstanding only if the Secretary consents.
197
(g) INSPECTION RIGHTS.—Stockholders of Amtrak have the rights of in-
specting and copying set forth in section 45(b) of the District of Columbia
Business Corporation Act (D.C. Code § 29–345(b)) regardless of the amount
of stock they hold.
§ 24305. General authority
(a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACILITIES.—(1)
Amtrak may acquire, operate, maintain, and make contracts for the operation
and maintenance of equipment and facilities necessary for intercity and com-
muter rail passenger transportation, the transportation of mail and express,
and auto-ferry transportation.
(2) Amtrak shall operate and control directly, to the extent practicable, all
aspects of the rail passenger transportation it provides.
(b) MAINTENANCE AND REHABILITATION.—Amtrak may maintain and re-
habilitate rail passenger equipment and shall maintain a regional mainte-
nance plan that includes—
(1) a review panel at the principal office of Amtrak consisting of
members the President of Amtrak designates;
(2) a systemwide inventory of spare equipment parts in each oper-
ational region;
(3) enough maintenance employees for cars and locomotives in each re-
gion;
(4) a systematic preventive maintenance program;
(5) periodic evaluations of maintenance costs, time lags, and parts
shortages and corrective actions; and
(6) other elements or activities Amtrak considers appropriate.
(c) MISCELLANEOUS AUTHORITY.—Amtrak may—
(1) make and carry out appropriate agreements;
(2) transport mail and express and shall use all feasible methods to
obtain the bulk mail business of the United States Postal Service;
(3) improve its reservation system and advertising;
(4) provide food and beverage services on its trains only if revenues
from the services each year at least equal the cost of providing the serv-
ices;
(5) conduct research, development, and demonstration programs relat-
ed to the mission of Amtrak; and
(6) buy or lease rail rolling stock and develop and demonstrate im-
proved rolling stock.
(d) THROUGH ROUTES AND JOINT FARES.—(1) Establishing through routes
and joint fares between Amtrak and other intercity rail passenger carriers
and motor carriers of passengers is consistent with the public interest and the
198
transportation policy of the United States. Congress encourages establishing
those routes and fares.
(2) Amtrak may establish through routes and joint fares with any domestic
or international motor carrier, air carrier, or water carrier.
(e) RAIL POLICE.—Amtrak may employ rail police to provide security for
rail passengers and property of Amtrak. Rail police employed by Amtrak who
have complied with a State law establishing requirements applicable to rail
police or individuals employed in a similar position may be employed with-
out regard to the law of another State containing those requirements.
(f) DOMESTIC BUYING PREFERENCES.—(1) In this subsection, ‘‘United
States’’ means the States, territories, and possessions of the United States and
the District of Columbia.
(2) Amtrak shall buy only—
(A) unmanufactured articles, material, and supplies mined or pro-
duced in the United States; or
(B) manufactured articles, material, and supplies manufactured in the
United States substantially from articles, material, and supplies mined,
produced, or manufactured in the United States.
(3) Paragraph (2) of this subsection applies only when the cost of those ar-
ticles, material, or supplies bought is at least $1,000,000.
(4) On application of Amtrak, the Secretary of Transportation may exempt
Amtrak from this subsection if the Secretary decides that—
(A) for particular articles, material, or supplies—
(i) the requirements of paragraph (2) of this subsection are incon-
sistent with the public interest;
(ii) the cost of imposing those requirements is unreasonable; or
(iii) the articles, material, or supplies, or the articles, material,
or supplies from which they are manufactured, are not mined, pro-
duced, or manufactured in the United States in sufficient and rea-
sonably available commercial quantities and are not of a satisfac-
tory quality; or
(B) rolling stock or power train equipment cannot be bought and de-
livered in the United States within a reasonable time.
§ 24306. Mail, express, and auto-ferry transportation
(a) ACTIONS TO INCREASE REVENUES.—Amtrak shall take necessary ac-
tion to increase its revenues from the transportation of mail and express. To
increase its revenues, Amtrak may provide auto-ferry transportation as part
of the basic passenger transportation authorized by this part. When requested
by Amtrak, a department, agency, or instrumentality of the United States
Government shall assist in carrying out this section.
199
(b) AUTHORITY
OF
OTHERS
TO
PROVIDE
AUTO-FERRY
TRANSPOR-
TATION.—(1) A person primarily providing auto-ferry transportation and
any other person not a rail carrier may provide auto-ferry transportation
over any route under a certificate issued by the Interstate Commerce Commis-
sion if the Commission finds that the auto-ferry transportation—
(A) will not impair the ability of Amtrak to reduce its losses or in-
crease its revenues; and
(B) is required to meet the public demand.
(2) A rail carrier that has not made a contract with Amtrak to provide
rail passenger transportation may provide auto-ferry transportation over its
own rail lines.
(3) State and local laws and regulations that impair the provision of auto-
ferry transportation do not apply to Amtrak or a rail carrier providing auto-
ferry transportation. A rail carrier may not refuse to participate with Am-
trak in providing auto-ferry transportation because a State or local law or
regulation makes the transportation unlawful.
§ 24307. Special transportation
(a) REDUCED FARE PROGRAM.—Amtrak shall maintain a reduced fare
program for the following:
(1) individuals at least 65 years of age.
(2) individuals (except alcoholics and drug abusers) who—
(A) have a physical or mental impairment that substantially lim-
its a major life activity of the individual;
(B) have a record of an impairment; or
(C) are regarded as having an impairment.
(b) ACTIONS TO ENSURE ACCESS.—Amtrak may act to ensure access to
intercity transportation for elderly or handicapped individuals on passenger
trains operated by or for Amtrak. That action may include—
(1) acquiring special equipment;
(2) conducting special training for employees;
(3) designing and acquiring new equipment and facilities;
(4) eliminating barriers in existing equipment and facilities to comply
with the highest standards of design, construction, and alteration of
property to accommodate elderly and handicapped individuals; and
(5) providing special assistance to elderly and handicapped individ-
uals when getting on and off trains and in terminal areas.
(c) EMPLOYEE TRANSPORTATION.—(1) In this subsection, ‘‘rail carrier em-
ployee’’ means—
(A) an active full-time employee of a rail carrier or terminal company
and includes an employee on furlough or leave of absence;
(B) a retired employee of a rail carrier or terminal company; and
200
(C) a dependent of an employee referred to in clause (A) or (B) of
this paragraph.
(2) Amtrak shall ensure that a rail carrier employee eligible for free or re-
duced-rate rail transportation on April 30, 1971, under an agreement in ef-
fect on that date is eligible, to the greatest extent practicable, for free or re-
duced-rate intercity rail passenger transportation provided by Amtrak under
this part, if space is available, on terms similar to those available on that
date under the agreement. However, Amtrak may apply to all rail carrier em-
ployees eligible to receive free or reduced-rate transportation under any agree-
ment a single systemwide schedule of terms that Amtrak decides applied to
a majority of employees on that date under all those agreements. Unless Am-
trak and a rail carrier make a different agreement, the carrier shall reim-
burse Amtrak at the rate of 25 percent of the systemwide average monthly
yield of each revenue passenger-mile. The reimbursement is in place of costs
Amtrak incurs related to free or reduced-rate transportation, including liabil-
ity related to travel of a rail carrier employee eligible for free or reduced-
rate transportation.
(3) This subsection does not prohibit the Interstate Commerce Commission
from ordering retroactive relief in a proceeding begun or reopened after Octo-
ber 1, 1981.
§ 24308. Use of facilities and providing services to Amtrak
(a) GENERAL AUTHORITY.—(1) Amtrak may make an agreement with a
rail carrier or regional transportation authority to use facilities of, and have
services provided by, the carrier or authority under terms on which the par-
ties agree. The terms shall include a penalty for untimely performance.
(2)(A) If the parties cannot agree and if the Interstate Commerce Commis-
sion finds it necessary to carry out this part, the Commission shall—
(i) order that the facilities be made available and the services provided
to Amtrak; and
(ii) prescribe reasonable terms and compensation for using the facili-
ties and providing the services.
(B) When prescribing reasonable compensation under subparagraph (A) of
this paragraph, the Commission shall consider quality of service as a major
factor when determining whether, and the extent to which, the amount of com-
pensation shall be greater than the incremental costs of using the facilities
and providing the services.
(C) The Commission shall decide the dispute not later than 90 days after
Amtrak submits the dispute to the Commission.
(3) Amtrak’s right to use the facilities or have the services provided is con-
ditioned on payment of the compensation. If the compensation is not paid
201
promptly, the rail carrier or authority entitled to it may bring an action
against Amtrak to recover the amount owed.
(4) Amtrak shall seek immediate and appropriate legal remedies to enforce
its contract rights when track maintenance on a route over which Amtrak op-
erates falls below the contractual standard.
(b) OPERATING DURING EMERGENCIES.—To facilitate operation by Am-
trak during an emergency, the Commission, on application by Amtrak, shall
require a rail carrier to provide facilities immediately during the emergency.
The Commission then shall promptly prescribe reasonable terms, including in-
demnification of the carrier by Amtrak against personal injury risk to which
the carrier may be exposed. The rail carrier shall provide the facilities for
the duration of the emergency.
(c) PREFERENCE OVER FREIGHT TRANSPORTATION.—Except in an emer-
gency, intercity and commuter rail passenger transportation provided by or
for Amtrak has preference over freight transportation in using a rail line,
junction, or crossing unless the Secretary of Transportation orders otherwise
under this subsection. A rail carrier affected by this subsection may apply
to the Secretary for relief. If the Secretary, after an opportunity for a hearing
under section 553 of title 5, decides that preference for intercity and com-
muter rail passenger transportation materially will lessen the quality of
freight transportation provided to shippers, the Secretary shall establish the
rights of the carrier and Amtrak on reasonable terms.
(d) ACCELERATED SPEEDS.—If a rail carrier refuses to allow accelerated
speeds on trains operated by or for Amtrak, Amtrak may apply to the Sec-
retary for an order requiring the carrier to allow the accelerated speeds. The
Secretary shall decide whether accelerated speeds are unsafe or impracticable
and which improvements would be required to make accelerated speeds safe
and practicable. After an opportunity for a hearing, the Secretary shall estab-
lish the maximum allowable speeds of Amtrak trains on terms the Secretary
decides are reasonable.
(e) ADDITIONAL TRAINS.—(1) When a rail carrier does not agree to pro-
vide, or allow Amtrak to provide, for the operation of additional trains over
a rail line of the carrier, Amtrak may apply to the Secretary for an order
requiring the carrier to provide or allow for the operation of the requested
trains. After a hearing on the record, the Secretary may order the carrier,
within 60 days, to provide or allow for the operation of the requested trains
on a schedule based on legally permissible operating times. However, if the
Secretary decides not to hold a hearing, the Secretary, not later than 30 days
after receiving the application, shall publish in the Federal Register the rea-
sons for the decision not to hold the hearing.
(2) The Secretary shall consider—
202
(A) when conducting a hearing, whether an order would impair un-
reasonably freight transportation of the rail carrier, with the carrier
having the burden of demonstrating that the additional trains will im-
pair the freight transportation; and
(B) when establishing scheduled running times, the statutory goal of
Amtrak to implement schedules that attain a system-wide average speed
of at least 60 miles an hour that can be adhered to with a high degree
of reliability and passenger comfort.
(3) Unless the parties have an agreement that establishes the compensation
Amtrak will pay the carrier for additional trains provided under an order
under this subsection, the Commission shall decide the dispute under sub-
section (a) of this section.
§ 24309. Retaining and maintaining facilities
(a) DEFINITIONS.—In this section—
(1) ‘‘facility’’ means a rail line, right of way, fixed equipment, facil-
ity, or real property related to a rail line, right of way, fixed equipment,
or facility, including a signal system, passenger station and repair
tracks, a station building, a platform, and a related facility, including
a water, fuel, steam, electric, and air line.
(2) downgrading a facility means reducing a track classification as
specified in the Federal Railroad Administration track safety standards
or altering a facility so that the time required for rail passenger trans-
portation to be provided over the route on which a facility is located may
be increased.
(b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL.—A facility of
a rail carrier or regional transportation authority that Amtrak used to pro-
vide rail passenger transportation on February 1, 1979, may be downgraded
or disposed of only after approval by the Secretary of Transportation under
this section.
(c) NOTIFICATION AND ANALYSIS.—(1) A rail carrier intending to down-
grade or dispose of a facility Amtrak currently is not using to provide trans-
portation shall notify Amtrak of its intention. If, not later than 60 days after
Amtrak receives the notice, Amtrak and the carrier do not agree to retain or
maintain the facility or to convey an interest in the facility to Amtrak, the
carrier may apply to the Secretary for approval to downgrade or dispose of
the facility.
(2) After a rail carrier notifies Amtrak of its intention to downgrade or
dispose of a facility, Amtrak shall survey population centers with rail pas-
senger transportation facilities to assist in preparing a valid and timely
analysis of the need for the facility and shall update the survey as appro-
priate. Amtrak also shall maintain a system for collecting information gath-
203
ered in the survey. The system shall collect the information based on geo-
graphic regions and on whether the facility would be part of a short haul or
long haul route. The survey should facilitate an analysis of—
(A) ridership potential by ascertaining existing and changing travel
patterns that would provide maximum efficient rail passenger transpor-
tation;
(B) the quality of transportation of competitors or likely competitors;
(C) the likelihood of Amtrak offering transportation at a competitive
fare;
(D) opportunities to target advertising and fares to potential classes
of riders;
(E) economic characteristics of rail passenger transportation related to
the facility and the extent to which the characteristics are consistent with
sound economic principles of short haul or long haul rail transportation;
and
(F) the feasibility of applying effective internal cost controls to the fa-
cility and route served by the facility to improve the ratio of passenger
revenue to transportation expenses (excluding maintenance of tracks,
structures, and equipment and depreciation).
(d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE COSTS.—(1)
If Amtrak does not object to an application not later than 30 days after it
is submitted, the Secretary shall approve the application promptly.
(2) If Amtrak objects to an application, the Secretary shall decide by not
later than 180 days after the objection those costs the rail carrier may avoid
if it does not have to retain or maintain a facility in the condition Amtrak
requests. If Amtrak does not agree by not later than 60 days after the decision
to pay the carrier these avoidable costs, the Secretary shall approve the appli-
cation. When deciding whether to pay a carrier the avoidable costs of retain-
ing or maintaining a facility, Amtrak shall consider—
(A) the potential importance of restoring rail passenger transportation
on the route on which the facility is located;
(B) the market potential of the route;
(C) the availability, adequacy, and energy efficiency of an alternate
rail line or alternate mode of transportation to provide passenger trans-
portation to or near the places that would be served by the route;
(D) the extent to which major population centers would be served by
the route;
(E) the extent to which providing transportation over the route would
encourage the expansion of an intercity rail passenger system in the
United States; and
204
(F) the possibility of increased ridership on a rail line that connects
with the route.
(e) COMPLIANCE WITH OTHER OBLIGATIONS.—Downgrading or disposing
of a facility under this section does not relieve a rail carrier from complying
with its other common carrier or legal obligations related to the facility.
§ 24310. Assistance for upgrading facilities
(a) TO CORRECT DANGEROUS CONDITIONS.—(1) Amtrak or the owner of
a facility presenting a danger to the employees, passengers, or property of
Amtrak may petition the Secretary of Transportation for assistance to the
owner for relocation or other measures undertaken after December 31, 1977,
to minimize or eliminate the danger.
(2) The Secretary shall recommend to Congress that Congress authorize
amounts for the relocation or other measures if the Secretary decides that—
(A) the facility presents a danger of death or serious injury to an em-
ployee or passenger or of serious damage to that property; and
(B) the owner should not be expected to bear the cost of that relocation
or other measures.
(b) TO CORRECT STATE AND LOCAL VIOLATIONS.—(1) Amtrak, by itself or
jointly with an owner or operator of a rail station Amtrak uses to provide
rail passenger transportation, may apply to the Secretary for amounts that
may be appropriated under paragraph (2) of this subsection to pay or reim-
burse expenses incurred after October 1, 1987, related to the station complying
with an official notice received before October 1, 1987, from a State or local
authority stating that the station violates or allegedly violates the building,
construction, fire, electric, sanitation, mechanical, or plumbing code.
(2) Not more than $1,000,000, may be appropriated to the Secretary to
carry out paragraph (1) of this subsection. Amounts appropriated under this
paragraph remain available until expended.
§ 24311. Acquiring interests in property by eminent domain
(a) GENERAL AUTHORITY.—(1) To the extent financial resources are avail-
able, Amtrak may acquire by eminent domain under subsection (b) of this
section interests in property—
(A) necessary for intercity rail passenger transportation, except prop-
erty of a rail carrier, a State, a political subdivision of a State, or a
governmental authority; or
(B) requested by the Secretary of Transportation in carrying out the
Secretary’s duty to design and build an intermodal transportation ter-
minal at Union Station in the District of Columbia if the Secretary
assures Amtrak that the Secretary will reimburse Amtrak.
(2) Amtrak may exercise the power of eminent domain only if it cannot—
(A) acquire the interest in the property by contract; or
205
(B) agree with the owner on the purchase price for the interest.
(b) CIVIL ACTIONS.—(1) A civil action to acquire an interest in property
by eminent domain under subsection (a) of this section must be brought in
the district court of the United States for the judicial district in which the
property is located or, if a single piece of property is located in more than
one judicial district, in any judicial district in which any piece of the prop-
erty is located. An interest is condemned and taken by Amtrak for its use
when a declaration of taking is filed under this subsection and an amount
of money estimated in the declaration to be just compensation for the interest
is deposited in the court. The declaration may be filed with the complaint
in the action or at any time before judgment. The declaration must contain
or be accompanied by—
(A) a statement of the public use for which the interest is taken;
(B) a description of the property sufficient to identify it;
(C) a statement of the interest in the property taken;
(D) a plan showing the interest taken; and
(E) a statement of the amount of money Amtrak estimates is just com-
pensation for the interest.
(2) When the declaration is filed and the deposit is made under paragraph
(1) of this subsection, title to the property vests in Amtrak in fee simple abso-
lute or in the lesser interest shown in the declaration, and the right to the
money vests in the person entitled to the money. When the declaration is filed,
the court may decide—
(A) the time by which, and the terms under which, possession of the
property is given to Amtrak; and
(B) the disposition of outstanding charges related to the property.
(3) After a hearing, the court shall make a finding on the amount that is
just compensation for the interest in the property and enter judgment award-
ing that amount and interest on it. The rate of interest is 6 percent a year
and is computed on the amount of the award less the amount deposited in
the court from the date of taking to the date of payment.
(4) On application of a party, the court may order immediate payment
of any part of the amount deposited in the court for the compensation to be
awarded. If the award is more than the amount received, the court shall enter
judgment against Amtrak for the deficiency.
(c) AUTHORITY TO CONDEMN RAIL CARRIER PROPERTY INTERESTS.—(1)
If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an interest
in property of a rail carrier necessary for intercity rail passenger transpor-
tation, Amtrak may apply to the Interstate Commerce Commission for an
order establishing the need of Amtrak for the interest and requiring the car-
rier to convey the interest on reasonable terms, including just compensation.
206
The need of Amtrak is deemed to be established, and the Commission, after
holding an expedited proceeding and not later than 120 days after receiving
the application, shall order the interest conveyed unless the Commission de-
cides that—
(A) conveyance would impair significantly the ability of the carrier
to carry out its obligations as a common carrier; and
(B) the obligations of Amtrak to provide modern, efficient, and eco-
nomical rail passenger transportation can be met adequately by acquir-
ing an interest in other property, either by sale or by exercising its right
of eminent domain under subsection (a) of this section.
(2) If the amount of compensation is not determined by the date of the
Commission’s order, the order shall require, as part of the compensation, in-
terest at 6 percent a year from the date prescribed for the conveyance until
the compensation is paid.
(3) Amtrak subsequently may reconvey to a third party an interest con-
veyed to Amtrak under this subsection or prior comparable provision of law
if the Commission decides that the reconveyance will carry out the purposes
of this part, regardless of when the proceeding was brought (including a pro-
ceeding pending before a United States court on November 28, 1990).
§ 24312. Labor standards
(a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS.—(1) Am-
trak shall ensure that laborers and mechanics employed by contractors and
subcontractors in construction work financed under an agreement made under
section 24308(a), 24701(a), or 24704(b)(2) of this title will be paid wages not
less than those prevailing on similar construction in the locality, as deter-
mined by the Secretary of Labor under the Act of March 3, 1931 (known as
the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). Amtrak may make such an
agreement only after being assured that required labor standards will be
maintained on the construction work. Health and safety standards prescribed
by the Secretary under section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333) apply to all construction work performed
under such an agreement, except for construction work performed by a rail
carrier.
(2) Wage rates in a collective bargaining agreement negotiated under the
Railway Labor Act (45 U.S.C. 151 et seq.) are deemed to comply with the
Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—
276a–5).
(b) CONTRACTING OUT.—(1) Amtrak may not contract out work normally
performed by an employee in a bargaining unit covered by a contract between
a labor organization and Amtrak or a rail carrier that provided intercity rail
207
passenger transportation on October 30, 1970, if contracting out results in
the layoff of an employee in the bargaining unit.
(2) This subsection does not apply to food and beverage services provided
on trains of Amtrak.
§ 24313. Rail safety system program
In consultation with rail labor organizations, Amtrak shall maintain a
rail safety system program for employees working on property owned by Am-
trak. The program shall be a model for other rail carriers to use in developing
safety programs. The program shall include—
(1) periodic analyses of accident information, including primary and
secondary causes;
(2) periodic evaluations of the activities of the program, particularly
specific steps taken in response to an accident;
(3) periodic reports on amounts spent for occupational health and
safety activities of the program;
(4) periodic reports on reduced costs and personal injuries because of
accident prevention activities of the program;
(5) periodic reports on direct accident costs, including claims related
to accidents; and
(6) reports and evaluations of other information Amtrak considers ap-
propriate.
§ 24314. Demonstration of new technology
(a) PLAN.—Amtrak shall develop a plan for demonstrating new technology
in rail passenger equipment. The plan shall provide that new equipment that
Amtrak procures that may increase train speed significantly over existing
rail facilities shall be demonstrated, to the extent practicable, throughout the
intercity rail passenger system.
(b) REPORT.—Not later than September 30, 1993, Amtrak shall submit to
the Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a re-
port summarizing the plan developed under subsection (a) of this section, in-
cluding its goals, locations for technology demonstration, and a schedule for
carrying out the plan.
(c) COOPERATION.—To make efforts to increase train speed throughout the
intercity rail passenger system easier, Amtrak shall consult and cooperate, to
the extent feasible, on request of eligible applicants proposing a technology
demonstration authorized and financed under a law of the United States,
with those applicants.
§ 24315. Reports and audits
(a) AMTRAK ANNUAL OPERATIONS REPORT.—Not later than February 15
of each year, Amtrak shall submit to Congress a report that—
208
(1) for each route on which Amtrak provided intercity rail passenger
transportation during the prior fiscal year, includes information on—
(A) ridership;
(B) passenger-miles;
(C) the short-term avoidable profit or loss for each passenger-mile;
(D) the revenue-to-cost ratio;
(E) revenues;
(F) the United States Government subsidy;
(G) the subsidy not provided by the United States Government;
and
(H) on-time performance;
(2) provides relevant information about a decision to pay an officer
of Amtrak more than the rate for level I of the Executive Schedule under
section 5312 of title 5; and
(3) specifies—
(A) significant operational problems Amtrak identifies; and
(B) proposals by Amtrak to solve those problems.
(b) AMTRAK GENERAL AND LEGISLATIVE ANNUAL REPORT.—(1) Not later
than February 15 of each year, Amtrak shall submit to the President and
Congress a complete report of its operations, activities, and accomplishments,
including a statement of revenues and expenditures for the prior fiscal year.
The report—
(A) shall include a discussion and accounting of Amtrak’s success in
meeting the goal of section 24902(b) of this title; and
(B) may include recommendations for legislation, including the
amount of financial assistance needed for operations and capital im-
provements, the method of computing the assistance, and the sources of
the assistance.
(2) Amtrak may submit reports to the President and Congress at other
times Amtrak considers desirable.
(c) SECRETARY’S REPORT ON EFFECTIVENESS OF THIS PART.—The Sec-
retary of Transportation shall prepare a report on the effectiveness of this
part in meeting the requirements for a balanced transportation system in the
United States. The report may include recommendations for legislation. The
Secretary shall include this report as part of the annual report the Secretary
submits under section 308(a) of this title.
(d) INDEPENDENT AUDITS.—An independent certified public accountant
shall audit the financial statements of Amtrak each year. The audit shall be
carried out at the place at which the financial statements normally are kept
and under generally accepted auditing standards. A report of the audit shall
be included in the report required by subsection (a) of this section.
209
(e) COMPTROLLER GENERAL AUDITS.—The Comptroller General may con-
duct performance audits of the activities and transactions of Amtrak. Each
audit shall be conducted at the place at which the Comptroller General decides
and under generally accepted management principles. The Comptroller Gen-
eral may prescribe regulations governing the audit.
(f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND RAIL CAR-
RIERS.—Amtrak and, if required by the Comptroller General, a rail carrier
with which Amtrak has made a contract for intercity rail passenger transpor-
tation shall make available for an audit under subsection (d) or (e) of this
section all records and property of, or used by, Amtrak or the carrier that
are necessary for the audit. Amtrak and the carrier shall provide facilities
for verifying transactions with the balances or securities held by depositories,
fiscal agents, and custodians. Amtrak and the carrier may keep all reports
and property.
(g) COMPTROLLER GENERAL’S REPORT TO CONGRESS.—The Comptroller
General shall submit to Congress a report on each audit, giving comments
and information necessary to inform Congress on the financial operations and
condition of Amtrak and recommendations related to those operations and
conditions. The report also shall specify any financial transaction or under-
taking the Comptroller General considers is carried out without authority of
law. When the Comptroller General submits a report to Congress, the Comp-
troller General shall submit a copy of it to the President, the Secretary, and
Amtrak at the same time.
CHAPTER 245—AMTRAK COMMUTER
Sec.
24501.
Status and applicable laws.
24502.
Board of directors.
24503.
Officers.
24504.
General authority.
24505.
Commuter rail passenger transportation.
24506.
Certain duties and powers unaffected.
§ 24501. Status and applicable laws
(a) STATUS.—Amtrak Commuter—
(1) is a wholly-owned subsidiary of Amtrak;
(2) provides by contract commuter rail passenger transportation for
a commuter authority with which Amtrak Commuter makes a contract
to provide the transportation under this chapter;
(3) has no common carrier obligations to provide rail passenger or
rail freight transportation; and
(4) is not a department, agency, or instrumentality of the United
States Government.
(b) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND REGU-
LATIONS.—Chapter 105 of this title does not apply to Amtrak Commuter.
210
However, laws and regulations governing safety, employee representation for
collective bargaining purposes, the handling of disputes between carriers and
employees, employee retirement, annuity, and unemployment systems, and
other dealings with employees that apply to a rail carrier providing transpor-
tation subject to subchapter I of chapter 105 apply to Amtrak Commuter.
(c) APPLICATION OF CERTAIN ADDITIONAL LAWS.—This part and, to the
extent consistent with this part, the District of Columbia Business Corpora-
tion Act (D.C. Code § 29–301 et seq.) apply to Amtrak Commuter.
(d) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—A State or
other law related to rates, routes, or service in connection with rail passenger
transportation does not apply to Amtrak Commuter.
(e) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—A State
may not adopt or continue in force a law, rule, regulation, order, or standard
requiring Amtrak Commuter to employ a specified number of individuals to
perform a particular task, function, or operation.
(f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection, ‘‘addi-
tional tax’’ means a tax or fee—
(A) on the acquisition, improvement, ownership, or operation of per-
sonal property by Amtrak Commuter; and
(B) on real property, except a tax or fee on the acquisition of real
property or on the value of real property not attributable to improve-
ments made, or the operation of those improvements, by Amtrak Com-
muter.
(2) Amtrak Commuter is not required to pay an additional tax because of
an expenditure to acquire or improve real property, equipment, a facility, or
right-of-way material or structures used to provide rail passenger transpor-
tation.
(g) TAX EXEMPTION FOR CERTAIN COMMUTER AUTHORITIES.—A com-
muter authority with which Amtrak Commuter could have made a contract
to provide commuter rail passenger transportation under this chapter but
which decided to provide its own rail passenger transportation beginning on
January 1, 1983, is exempt, effective October 1, 1981, from paying a tax or
fee to the same extent Amtrak is exempt.
(h) NONAPPLICATION
OF AGREEMENTS
FOR FINANCIAL SUPPORT
AND
TRACKAGE RIGHTS.—An agreement under which financial support was pro-
vided on January 2, 1974, to a commuter authority to continue rail pas-
senger transportation does not apply to Amtrak Commuter. However, Amtrak
and the Consolidated Rail Corporation retain appropriate trackage rights
over rail property owned or leased by the authority. Compensation for the
rights shall be reasonable.
211
§ 24502. Board of directors
(a) COMPOSITION.—The board of directors of Amtrak Commuter is com-
posed of the following directors:
(1) the President of Amtrak Commuter.
(2) one individual from the board of directors of Amtrak selected as
a representative of commuter authorities that make contracts with Am-
trak Commuter for the operation of commuter rail passenger transpor-
tation.
(3) 2 individuals selected by the board of directors of Amtrak.
(4) 2 individuals selected by commuter authorities for which Amtrak
Commuter provides commuter rail transportation under this chapter.
However, only one individual shall be selected under this clause if Am-
trak Commuter provides the transportation for only one authority.
(b) TERMS.—Except as otherwise provided in this section, individuals shall
serve for 2 years.
(c) CHAIRMAN.—The board shall select annually one of its members to serve
as Chairman.
(d) PAY AND EXPENSES.—Each director not employed by the United States
Government is entitled to $300 a day when performing board duties and pow-
ers. Each director is entitled to reimbursement for necessary travel, reasonable
secretarial and professional staff support, and subsistence expenses incurred
in attending board meetings.
(e) VACANCIES.—A vacancy on the board is filled in the same way as the
original selection.
(f) BYLAWS.—The board may adopt and amend bylaws governing the oper-
ation of Amtrak Commuter. The bylaws shall be consistent with this part and
the articles of incorporation.
§ 24503. Officers
(a) APPOINTMENT AND TERMS.—Amtrak Commuter has a President and
other officers that are named and appointed by the board of directors of Am-
trak Commuter. An officer of Amtrak Commuter must be a citizen of the
United States. Officers of Amtrak Commuter serve at the pleasure of the
board.
(b) PAY.—The board may fix the pay of the officers of Amtrak Commuter.
An officer may be paid not more than the general level of pay for officers
of rail carriers with comparable responsibility.
(c) CONFLICTS OF INTEREST.—When employed by Amtrak Commuter, an
officer may not have a financial or employment relationship with a rail car-
rier, except that holding securities issued by a rail carrier is not deemed to
be a violation of this subsection if the officer holding the securities makes a
212
complete public disclosure of the holdings and does not participate in any de-
cision directly affecting the rail carrier.
§ 24504. General authority
(a) GENERAL.—Amtrak Commuter may—
(1) acquire, operate, maintain, and make contracts for the operation
of equipment and facilities necessary for commuter rail passenger trans-
portation;
(2) conduct research and development related to the mission of Amtrak
Commuter; and
(3) issue common stock to Amtrak.
(b) OPERATION AND CONTROL.—To the extent consistent with this part and
with an agreement with a commuter authority, Amtrak Commuter shall oper-
ate and control all aspects of the commuter rail passenger transportation it
provides.
(c) AGREEMENT TO AVOID DUPLICATING EMPLOYEE FUNCTIONS.—To the
maximum extent practicable, Amtrak Commuter and Amtrak shall make an
agreement that avoids duplicating employee functions and voluntarily estab-
lishes a consolidated work force.
§ 24505. Commuter rail passenger transportation
(a) GENERAL AUTHORITY.—Amtrak Commuter—
(1) shall provide commuter rail passenger transportation that the Con-
solidated Rail Corporation was obligated to provide on August 13, 1981,
under section 303(b)(2) or 304(e) of the Regional Rail Reorganization
Act of 1973 (45 U.S.C. 743(b)(2), 744(e)); and
(2) may provide other commuter rail passenger transportation if the
commuter authority for which the transportation will be provided offers
to provide a commuter rail passenger transportation payment equal to
the—
(A) avoidable costs of providing the transportation (including the
avoidable cost of necessary capital improvements) and a reasonable
return on the value; less
(B) revenue attributable to the transportation.
(b) OFFER REQUIREMENTS.—(1) A commuter authority making an offer
under subsection (a)(2) of this section shall—
(A) show that it has obtained access to all rail property necessary to
provide the additional commuter rail passenger transportation; and
(B) make the offer according to regulations the Rail Services Planning
Office prescribes under section 10362(b)(5)(A) and (6) of this title.
(2) The Office may revise and update the regulations when necessary to
carry out this section.
213
(c) ADDITIONAL EMPLOYEE REQUIREMENTS.—Additional employee re-
quirements shall be met through existing seniority arrangements agreed to in
the implementing agreement negotiated under section 508 of the Rail Pas-
senger Service Act.
(d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter is not obli-
gated to provide commuter rail passenger transportation if a commuter au-
thority provides the transportation or makes a contract under which a person,
except Amtrak Commuter, will provide the transportation. When appropriate,
Amtrak Commuter shall give the authority or person access to the rail prop-
erty needed to provide the transportation.
(e) DISCONTINUANCE
OF
COMMUTER
RAIL
PASSENGER
TRANSPOR-
TATION.—(1) Amtrak Commuter may discontinue commuter rail passenger
transportation provided under this section on 60 days’ notice if—
(A) a commuter authority does not offer a commuter rail passenger
transportation payment under subsection (a)(2) of this section; or
(B) a payment is not paid when due.
(2) The Office shall prescribe regulations on the necessary contents of the
notice required under this subsection.
(f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS.—Compensation
by a commuter authority to Amtrak or Amtrak Commuter for right-of-way
related costs for transportation over property Amtrak owns shall be deter-
mined under a method the Interstate Commerce Commission establishes under
section 1163 of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C.
1111) or to which the parties agree.
(g) APPLICATION OF OTHER LAWS.—All laws related to commuter rail pas-
senger transportation apply to a commuter authority providing commuter
rail passenger transportation under this section.
§ 24506. Certain duties and powers unaffected
This chapter does not affect a duty or power of the Consolidated Rail Cor-
poration or its successor and any bi-state commuter authority under an
agreement, lease, or contract under which property was conveyed to the Cor-
poration under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701
et seq.).
CHAPTER 247—AMTRAK ROUTE SYSTEM
Sec.
24701.
Operation of basic system.
24702.
Improving rail passenger transportation.
24703.
Route and service criteria.
24704.
Transportation requested by States, authorities, and other persons.
24705.
Additional qualifying routes.
24706.
Discontinuance.
24707.
Cost and performance review.
24708.
Special commuter transportation.
24709.
International transportation.
214
§ 24701. Operation of basic system
(a) BY AMTRAK.—Amtrak shall provide intercity rail passenger transpor-
tation within the basic system unless the transportation is provided by—
(1) a rail carrier with which Amtrak did not make a contract under
section 401(a) of the Rail Passenger Service Act; or
(2) a regional transportation authority under contract with Amtrak.
(b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided in sec-
tion 24306 of this title, a person may provide intercity rail passenger trans-
portation over a route over which Amtrak provides scheduled intercity rail
passenger transportation under a contract under section 401(a) of the Act
only with the consent of Amtrak.
§ 24702. Improving rail passenger transportation
(a) PLAN TO IMPROVE TRANSPORTATION.—Amtrak shall continue to carry
out its plan, submitted under section 305(f) of the Rail Passenger Service Act,
to improve intercity rail passenger transportation provided in the basic sys-
tem. The plan shall include—
(1) a zero-based assessment of all operating practices;
(2) changes to achieve the minimum use of employees consistent with
safe operations and adequate transportation;
(3) a systematic program for achieving the greatest ratio of train size
to passenger demand;
(4) a systematic program to reduce trip time in the basic system;
(5) establishing training programs to achieve on-time departures;
(6) establishing priorities for passenger trains over freight trains;
(7) adjusting the buying and pricing of food and beverages so that food
and beverage services ultimately will be profitable;
(8) cooperative marketing opportunities between Amtrak and govern-
mental authorities that have intercity rail passenger transportation; and
(9) cooperative marketing campaigns sponsored by Amtrak and the
Secretary of Energy, the Administrator of the Federal Highway Admin-
istration, and the Administrator of the Environmental Protection Agen-
cy.
(b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall—
(1) identify any speed restriction a State or local government imposes
on a train of Amtrak that Amtrak decides impedes Amtrak from achiev-
ing high-speed intercity rail passenger transportation; and
(2) consult with that State or local government—
(A) to evaluate alternatives to the speed restriction, considering
the local safety hazard that is the basis for the restriction; and
(B) to consider modifying or eliminating the restriction to allow
safe operation at higher speeds.
215
(c) HIGH-SPEED RAIL TRANSPORTATION DEVELOPMENT.—On reasonable
request by a State, political subdivision of a State, regional partnership, pri-
vate sector representative, or other qualified person, Amtrak shall consult and
cooperate to the extent feasible with that person to assist the efforts of that
person to achieve high-speed rail transportation through equipment upgrades,
grade-crossing safety improvements, and incremental infrastructure improve-
ments on existing rail facilities that Amtrak uses (except the Northeast Cor-
ridor facilities). Not later than September 30, 1993, Amtrak shall submit to
the Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a re-
port on its efforts under this subsection.
(d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or improve ap-
propriate rail passenger transportation on a route between corridors that Am-
trak decides is justified because it will increase ridership on trains of Amtrak
on the route and in the connecting corridors.
§ 24703. Route and service criteria
(a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as provided in
this part, route discontinuances and route additions shall comply with the
route and service criteria.
(b) CONGRESSIONAL REVIEW
OF CRITERIA AMENDMENTS.—(1) Amtrak
shall submit to Congress a draft of an amendment to the route and service
criteria when Amtrak decides an amendment is appropriate. The amendment
is effective at the end of the first period of 120 calendar days of continuous
session of Congress after it is submitted unless there is enacted into law dur-
ing the period a joint resolution stating Congress does not approve the amend-
ment.
(2) In this subsection—
(A) a continuous session of Congress is broken only by an adjournment
sine die; and
(B) the 120-day period does not include days on which either House
is not in session because of adjournment of more than 3 days to a day
certain.
(c) NONAPPLICATION.—The route and service criteria do not apply to—
(1) increasing or, because of construction schedules or other temporary
disruptive facts or seasonal fluctuations in ridership, decreasing the
number of trains on an existing route or a part of an existing route or
on a route on which additional trains are being tested;
(2) carrying out the recommendations developed under section 4 of the
Amtrak Improvement Act of 1978;
(3) rerouting transportation between major population centers on an
existing route; or
216
(4)(A) modifying transportation operations under section 24707(a) of
this title; and
(B) modifying the route system or discontinuing transportation under
section 24707(b) of this title.
§ 24704. Transportation requested by States, authorities, and
other persons
(a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION.—(1) A State, a
regional or local authority, or another person may apply to Amtrak and re-
quest Amtrak to provide rail passenger transportation or keep any part of
a train, route, or service that Amtrak intends to discontinue under section
24706(a) or (b) or 24707(a) or (b) of this title. An application shall—
(A) assure Amtrak that the State, authority, or person has sufficient
resources to meet its share of the cost of the transportation for the time
the transportation will be provided;
(B) contain a market analysis acceptable to Amtrak to ensure that
there is adequate demand for the transportation; and
(C) commit the State, authority, or person to provide at least 45 per-
cent of the short term avoidable loss of providing the transportation the
first year the transportation is provided and at least 65 percent of the
short term avoidable loss each of the following years, and, except as pro-
vided in section 24104(a) of this title, at least 50 percent of associated
capital costs each year the transportation is provided.
(2) An application submitted by more than one State shall be considered
in the same way as an application submitted by one State, without it being
necessary for each State to comply with paragraph (1) of this subsection.
(b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each application
submitted under subsection (a) of this section to decide whether—
(A) the application complies with subsection (a); and
(B) there is a reasonable probability that Amtrak can provide the
transportation from available resources.
(2) Amtrak may make an agreement with an applicant under this section
to begin or keep the transportation if Amtrak decides that the transportation
can be provided with resources available to Amtrak. An agreement may be
renewed for additional periods of not more than 2 years each.
(c) SELECTING AMONG COMPETING APPLICATIONS.—If more than one ap-
plication is made for transportation consistent with the requirements of sub-
section (a) of this section, but all the transportation applied for cannot be
provided with the available resources of Amtrak, the board of directors of Am-
trak shall select the transportation that best serves the public interest and can
be provided with the available resources of Amtrak.
217
(d) FARE INCREASES.—(1) Before increasing a fare applicable to transpor-
tation provided under subsection (b)(2) of this section by more than 5 percent
during a 6-month period, Amtrak shall consult with officials of each State
affected by the increase and explain why the increase is necessary.
(2) Except as provided in paragraph (3) of this subsection, a fare increase
described in paragraph (1) of this subsection takes effect 90 days after Amtrak
first consults with the affected States. However, not later than 30 days after
the first consultation, a State may submit proposals to Amtrak for reducing
costs and increasing revenues of the transportation. Amtrak shall consider the
proposals in deciding how much of the proposed increase shall go into effect.
(3)(A) Amtrak may increase a fare without regard to the restrictions of this
subsection during—
(i) the first month of a fiscal year if the authorization of appropria-
tions and the appropriations for Amtrak are not enacted at least 90 days
before the beginning of the fiscal year; or
(ii) the 30 days following enactment of an appropriation for Amtrak
or a rescission of an appropriation.
(B) Amtrak shall notify each affected State of an increase under subpara-
graph (A) of this paragraph as soon as possible after Amtrak decides to in-
crease a fare.
(e) DETERMINING LOSS, COSTS, AND REVENUES.—After consulting with of-
ficials of each State contributing to providing transportation under subsection
(b)(2) of this section, the board shall establish the basis for determining short
term avoidable loss and associated capital costs of, and revenues from, the
transportation. Amtrak shall give State officials the basis for determining the
loss, cost, and revenue for each route on which transportation is provided
under subsection (b)(2).
(f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak under an
agreement with an applicant under subsection (b)(2) of this section that are
allocated for associated capital costs remain available until expended.
(g) ADVERTISING AND PROMOTION.—At least 2 percent but not more than
5 percent of the revenue generated by transportation provided under sub-
section (b)(2) of this section shall be used for advertising and promotion at
the local level.
§ 24705. Additional qualifying routes
(a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To maintain a
national intercity rail passenger system in the United States and if a reduc-
tion in operating expenses can be achieved, Amtrak shall provide rail pas-
senger transportation over each route the Secretary of Transportation rec-
ommended be discontinued under section 4 of the Amtrak Improvement Act
of 1978 and may restructure a route to serve a major population center as
218
an ending place or principal intermediate place. Transportation over a long
distance route shall be maintained if the Amtrak estimate for the fiscal year
ending September 30, 1980, was that the short term avoidable loss for each
passenger mile on the route was not more than 7 cents. Transportation over
a short distance route shall be maintained if the Amtrak estimate for the fis-
cal year ending September 30, 1980, was that the short term avoidable loss
for each passenger mile on the route was not more than 9 cents.
(2) For all routes, Amtrak shall calculate short term avoidable loss for each
passenger-mile based on consistently defined factors. Calculations shall be
based on the most recent available statistics for a 90-day period, except that
Amtrak may use historical information adjusted to reflect the most recent
available statistics.
(b) DEFERRAL
OF SECRETARY’S RECOMMENDATIONS.—(1) To provide
equivalent or improved transportation consistent with the goals of section 4(a)
of the Act, Amtrak may defer carrying out a recommendation of the Secretary
under section 4 of the Act that requires providing transportation over a rail
line not used in intercity rail passenger transportation on May 24, 1979, re-
quires using a new facility, or requires making a new labor agreement, until
any necessary capital improvements are made in the line or facility or the
agreement is made.
(2) Notwithstanding another law and the route and service criteria, during
the period a decision of the Secretary under section 4 of the Act is deferred,
Amtrak shall provide substitute transportation over existing routes rec-
ommended for restructuring and over other existing feasible routes. Except for
transportation concentrating on commuter ridership over a short haul route,
transportation provided under this paragraph may be provided only if the
route complies with subsection (a) of this section, adjusted to reflect constant
1979 dollars.
(c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding this part,
Amtrak may provide short haul trains on additional routes totaling not more
than 200 miles that link at least 2 major metropolitan areas—
(1) on a demonstration basis to establish the feasibility and benefits
of the transportation; and
(2) to the extent available resources allow.
(d) ROUTES DISCONTINUED BY RAIL CARRIERS.—Amtrak may undertake
to provide rail passenger transportation between places served by a rail car-
rier filing a notice of discontinuance under section 10908 or 10909 of this
title.
§ 24706. Discontinuance
(a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in subsection (b)
of this section, at least 90 days before a discontinuance under section 24704
219
or 24707(a) or (b) of this title, 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 the cost of any part of
the train, route, or service to be discontinued.
(2) Notice of the discontinuance under section 24704 or 24707(a) or (b) of
this title shall be posted in all stations served by the train to be discontinued
at least 14 days before the discontinuance.
(b) DISCONTINUANCE FOR LACK OF APPROPRIATIONS.—(1) Amtrak may
discontinue service under section 24704 or 24707(a) or (b) of this title dur-
ing—
(A) the first month of a fiscal year if the authorization of appropria-
tions 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 transpor-
tation authority of a discontinuance under this subsection as soon as possible
after Amtrak decides to discontinue the service.
(c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a rail carrier
(including a terminal company) shall provide fair and equitable arrange-
ments to protect the interests of employees of Amtrak or a rail carrier, as the
case may be, affected by a discontinuance of intercity rail passenger service,
including a discontinuance of service provided by a rail carrier under a facil-
ity or service agreement under section 24308(a) of this title under a modifica-
tion or ending of the agreement or because Amtrak begins providing that serv-
ice. Arrangements shall include—
(A) the preservation of rights, privileges, and benefits (including con-
tinuation of pension rights and benefits) under existing collective bar-
gaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of employees against a worsening of their positions
related to employment;
(D) assurances of priority of reemployment of employees whose em-
ployment is ended or who are laid off; and
(E) paid training and retraining programs.
(2) With respect to Amtrak’s obligations under this subsection and in an
agreement to carry out this subsection involving only Amtrak and its employ-
ees, a discontinuance of intercity rail passenger service does not include an
adjustment in frequency, or seasonal suspension of intercity rail passenger
trains that causes a temporary suspension of service, unless the adjustment
220
or suspension reduces passenger train operations on a particular route to
fewer than 3 round trips a week at any time during a calendar year.
(3) Arrangements under this subsection shall provide benefits at least equal
to benefits established under section 11347 of this title.
(4) A contract under this chapter or section 24308(a) of this title shall
specify the terms of protective arrangements.
(5) This subsection does not impose on Amtrak an obligation of a rail car-
rier related to a right, privilege, or benefit earned by an employee because
of previous service performed for the carrier.
(6) This subsection does not apply to Amtrak Commuter.
§ 24707. Cost and performance review
(a) ROUTE REVIEWS.—Amtrak shall review annually each route in the
basic system to decide if the route meets the long distance or short distance
route criterion, as appropriate, under section 24705(a)(1) of this title, ad-
justed to reflect constant 1979 dollars. The review shall include an evaluation
of the potential market demand for, and the cost of providing transportation
on, a part of the route and an alternative route. Amtrak shall submit the re-
sults of the review to the House of Representatives, the Senate, and the Sec-
retary of Transportation. If Amtrak decides that a route will not meet the
criterion under section 24705(a)(1), as adjusted, Amtrak shall modify or dis-
continue rail passenger transportation operations on the route so that it will
meet the criterion.
(b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS.—Not later
than 30 days after the beginning of each fiscal year, Amtrak shall evaluate
the financial requirements for operating the basic system and the progress in
achieving the system-wide performance standards prescribed under this part
during the fiscal year. If Amtrak decides amounts available for the fiscal year
are not enough to meet estimated operating costs, or if Amtrak estimates it
cannot meet the performance standards, Amtrak shall act to reduce costs and
improve performance. Action under this subsection shall be designed to con-
tinue the maximum level of transportation practicable, including—
(1) changing the frequency of transportation;
(2) increasing fares;
(3) reducing the cost of sleeper car and dining car service on certain
routes;
(4) increasing the passenger capacity of cars used on certain routes;
and
(5) modifying the route system or discontinuing transportation over
routes, considering short term avoidable loss and the number of pas-
sengers served on those routes.
221
(c) COST LIMITATIONS AND REVENUE GOALS.—Annual costs of Amtrak
may not be more than amounts, including grants made under section 24104
of this title, contributions of States, regional and local authorities, and other
persons, and revenues, available to Amtrak in the fiscal year. Amtrak annu-
ally shall set a goal of recovering an amount so that its revenues, including
contributions, is at least 61 percent of its costs, except capital costs.
(d) CONDUCTOR REPORTS.—To assess the operational performance of
trains, the President of Amtrak may direct the conductor on any train of Am-
trak to report to Amtrak any inadequacy of train operation. The report shall
be signed by the conductor, contain sufficient information to locate equipment
or personnel failures, and be submitted promptly to Amtrak.
§ 24708. Special commuter transportation
(a) TRANSPORTATION TO BE CONTINUED IF CRITERION MET.—Amtrak
shall continue to provide rail passenger transportation provided under section
403(d) of the Rail Passenger Service Act before October 1, 1981, if, after con-
sidering estimated fare increases and State and local contributions to the
transportation, the transportation meets the short distance route criterion
under section 24705(a)(1) of this title, as adjusted. Transportation continued
under this section shall be financed consistent with the method of financing
in effect on September 30, 1981. If the transportation is not estimated to meet
the criterion, as adjusted, Amtrak may modify or discontinue the transpor-
tation so that the criterion is met.
(b) TRANSPORTATION WITH SHORT-TERM AVOIDABLE LOSS.—Notwith-
standing subsection (a) of this section, if after September 30, 1993, and before
October 1, 1995, transportation provided under subsection (a) on a route dur-
ing the prior 6 months has a short-term avoidable loss (excluding the cost of
providing passenger equipment needed to provide the transportation), Amtrak
may choose to consider modifying or discontinuing the transportation. If Am-
trak does make such a choice, Amtrak shall solicit public comment for at least
30 days on alternatives to the modification or discontinuance. Not later than
60 days after the comment period ends, Amtrak may modify or discontinue
the transportation so that there is no short-term avoidable loss under this sec-
tion for providing the transportation on the route.
§ 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 the Treasury and the Attorney General,
in cooperation with Amtrak, shall maintain, consistent with the effective en-
forcement of the immigration and customs laws, en route customs inspection
and immigration procedures for international intercity rail passenger trans-
portation that will—
222
(1) be convenient for passengers; and
(2) result in the quickest possible international intercity rail passenger
transportation.
CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT
PROGRAM
Sec.
24901.
Definitions.
24902.
Goals and requirements.
24903.
Program master plan for Boston-New York main line.
24904.
General authority.
24905.
Coordination board and safety committee.
24906.
Eliminating highway at-grade crossings.
24907.
Note and mortgage.
24908.
Transfer taxes and levies and recording charges.
24909.
Authorization of appropriations.
§ 24901. Definitions
In this chapter—
(1) ‘‘final system plan’’ means the final system plan (including addi-
tions) adopted by the United States Railway Association under the Re-
gional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(2) ‘‘rail carrier’’ means an express carrier and a rail carrier as de-
fined in section 10102 of this title, including Amtrak.
§ 24902. Goals and requirements
(a) NORTHEAST
CORRIDOR
IMPROVEMENT
PLAN.—To the extent of
amounts appropriated under section 24909 of this title, Amtrak shall carry
out a Northeast Corridor improvement program to achieve the following goals:
(1) establish not later than September 30, 1985, regularly scheduled
and dependable intercity rail passenger transportation between—
(A) Boston, Massachusetts, and New York, New York, in not more
than 3 hours and 40 minutes, including intermediate stops; and
(B) New York, New York, and the District of Columbia, in not
more than 2 hours and 40 minutes, including intermediate stops;
(2) improve facilities, under route criteria approved by Congress, on
routes to Harrisburg, Pennsylvania, Albany, New York, and Atlantic
City, New Jersey, from the Northeast Corridor main line, and to Boston,
Massachusetts, and New Haven, Connecticut, from Springfield, Massa-
chusetts, to make those facilities more compatible with improved high-
speed transportation provided on the Northeast Corridor main line;
(3) improve nonoperational parts of stations, related facilities, and
fencing used in intercity rail passenger transportation;
(4) facilitate improvements in, and usage of, commuter rail passenger,
rail rapid transit, and local public transportation, to the extent compat-
ible with clauses (1)–(3) of this subsection and subsections (f) and (h)
of this section;
223
(5) maintain and improve rail freight transportation in or adjacent
to the Northeast Corridor and through-freight transportation in the
Northeast Corridor, to the extent compatible with clauses (1)–(4) of this
subsection and subsections (f) and (h) of this section;
(6) continue and improve passenger radio mobile telephone service on
high-speed rail passenger transportation between Boston, Massachusetts,
and the District of Columbia, to the extent compatible with clauses (1)–
(3) of this subsection and subsections (f) and (h) of this section; and
(7) eliminate to the maximum extent practicable congestion in rail
freight and rail passenger transportation at the Baltimore and Potomac
Tunnel in Baltimore, Maryland, by rehabilitating and improving the
tunnel and the rail lines approaching the tunnel.
(b) MANAGING COSTS AND REVENUES.—Amtrak shall manage its operating
costs, pricing policies, and other factors with the goal of having revenues de-
rived each fiscal year from providing intercity rail passenger transportation
over the Northeast Corridor route between the District of Columbia and Bos-
ton, Massachusetts, equal at least the operating costs of providing that trans-
portation in that fiscal year.
(c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty percent
of the cost of improvements under subsection (a)(3) of this section shall be
paid by a State, local or regional transportation authority or other respon-
sible party. However, Amtrak may finance entirely a safety-related improve-
ment.
(2) When a part of the cost of improvements under subsection (a)(3) of this
section will be paid by a responsible party under paragraph (1) of this sub-
section, Amtrak may make an agreement with the party under which Am-
trak—
(A) shall carry out the improvements with amounts appropriated
under section 24909 of this title and the party shall reimburse Amtrak;
and
(B) to the extent provided in an appropriation law, may incur obliga-
tions for contracts to carry out the improvements in anticipation of re-
imbursement.
(3) Amounts reimbursed to Amtrak under paragraph (2) of this subsection
shall be credited to the appropriation originally charged for the cost of the
improvements and are available for further obligation.
(d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The President and
departments, agencies, and instrumentalities of the United States Government
shall assist Amtrak under subsection (a)(6) of this section, subject to the Com-
munications Act of 1934 (47 U.S.C. 151 et seq.) and radio services standards,
224
when the Federal Communications Commission decides the assistance is in
the public interest, convenience, and necessity.
(e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When select-
ing and scheduling specific projects, Amtrak shall apply the following consid-
erations, in the following order of priority:
(1) Safety-related items should be completed before other items because
the safety of the passengers and users of the Northeast Corridor is para-
mount.
(2) Activities that benefit the greatest number of passengers should be
completed before activities involving fewer passengers.
(3) Reliability of intercity rail passenger transportation must be em-
phasized.
(4) Trip-time requirements of this section must be achieved to the ex-
tent compatible with the priorities referred to in paragraphs (1)–(3) of
this subsection.
(5) Improvements that will pay for the investment by achieving lower
operating or maintenance costs should be carried out before other im-
provements.
(6) Construction operations should be scheduled so that the fewest pos-
sible passengers are inconvenienced, transportation is maintained, and
the on-time performance of Northeast Corridor commuter rail passenger
and rail freight transportation is optimized.
(7) Planning should focus on completing activities that will provide
immediate benefits to users of the Northeast Corridor.
(f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF
MAXIMUM LABOR BENEFITS.—Improvements under this section shall be com-
patible with future improvements in transportation and shall produce the
maximum labor benefit from hiring individuals presently unemployed.
(g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on the
Northeast Corridor main line or between the main line and Atlantic City
shall be equipped with an automatic train control system designed to slow
or stop the train in response to an external signal.
(h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall establish
intercity rail passenger transportation in the Northeast Corridor that carries
out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94–210, 90 Stat. 121).
(i) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical and reli-
able equipment compatible with track, operating, and marketing characteris-
tics of the Northeast Corridor, including the capability to meet reliable trip
times under section 703(1)(E) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly scheduled
225
revenue transportation in the Corridor, when the Northeast Corridor improve-
ment program is completed. Amtrak must decide that equipment complies
with this subsection before buying equipment with financial assistance of the
Government. Amtrak shall submit a request for an authorization of appro-
priations for production of the equipment.
(j) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT TRANS-
PORTATION.—(1) Amtrak may make an agreement with a rail freight carrier
or a regional transportation authority under which the carrier will carry out
an alternate off-corridor routing of rail freight transportation over rail lines
in the Northeast Corridor between the District of Columbia and New York
metropolitan areas, including intermediate points. The agreement shall be for
at least 5 years.
(2) Amtrak shall apply to the Interstate Commerce Commission for ap-
proval of the agreement and all related agreements accompanying the applica-
tion as soon as the agreement is made. If the Commission finds that approval
is necessary to carry out this chapter, the Commission shall approve the ap-
plication and related agreements not later than 90 days after receiving the
application.
(3) If an agreement is not made under paragraph (1) of this subsection,
Amtrak, with the consent of the other parties, may apply to the Interstate
Commerce Commission. Not later than 90 days after the application, the
Commission shall decide on the terms of an agreement if it decides that doing
so is necessary to carry out this chapter. The decision of the Commission is
binding on the other parties.
(k) COORDINATION.—(1) The Secretary of Transportation shall coordi-
nate—
(A) transportation programs related to the Northeast Corridor to en-
sure that the programs are integrated and consistent with the Northeast
Corridor improvement program; and
(B) amounts from departments, agencies, and instrumentalities of the
Government to achieve urban redevelopment and revitalization in the vi-
cinity of urban rail stations in the Northeast Corridor served by inter-
city and commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance with this section, the
Secretary may deny financing to a noncomplying program until the non-
compliance is corrected.
(l ) COMPLETION.—Amtrak shall give the highest priority to completing the
program.
226
§ 24903. Program master plan for Boston-New York main
line
(a) CONTENTS.—Not later than October 27, 1993, in consultation with Am-
trak and the commuter and freight rail carriers operating over the Northeast
Corridor main line between Boston, Massachusetts, and New York, New York,
the Secretary of Transportation shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a program master plan for a co-
ordinated program of improvements to that main line that will allow the es-
tablishment of regularly scheduled, safe, and dependable rail passenger trans-
portation between Boston, Massachusetts, and New York, New York, in not
more than 3 hours, including intermediate stops. The plan shall include—
(1) a description of the implications of the improvements for the re-
gional transportation system, including the probable effects on general
travel trends and on travel volumes in other transportation modes and
the implications for State and local governments in achieving compli-
ance with the Clean Air Act (42 U.S.C. 7401 et seq.);
(2) an identification of the coordinated program of improvements and
the specific projects of that program, including the estimated costs, sched-
ules, timing, and relationship of those projects with other projects;
(3) an identification of the financial responsibility for the specific
projects of that program and the sources of the amounts for the projects;
(4) an operating plan for the construction period of the improvements
that shows a coordinated approach to scheduling intercity and commuter
trains;
(5) an operating plan for the coordinated scheduling of intercity and
commuter trains for the period after the program is completed, including
priority scheduling, dispatching, and occupancy of tracks for appro-
priately frequent, regularly scheduled intercity rail passenger transpor-
tation between Boston, Massachusetts, and New York, New York, in not
more than 3 hours, including intermediate stops;
(6) a comprehensive plan to control future congestion in the Northeast
Corridor attributable to increases in intercity and commuter rail pas-
senger transportation;
(7) an assessment of long-term operational safety needs and a list of
specific projects designed to maximize operational safety; and
(8) comments that Amtrak submits to the Secretary on the plan.
(b) SUBMITTING MODIFICATIONS OF PLAN TO CONGRESS.—The Secretary
shall submit to Congress any modification made to the program master plan
and comments that Amtrak submits on the modification.
227
§ 24904. General authority
(a) GENERAL.—To carry out this chapter and the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—
(1) acquire, maintain, and dispose of any interest in property used
to provide improved high-speed rail transportation under section 24902
of this title;
(2) acquire any interest in real property that Amtrak considers nec-
essary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail passenger, and commuter
rail passenger transportation over property acquired under this section;
(4) improve rail rights of way between Boston, Massachusetts, and the
District of Columbia (including the route through Springfield, Massachu-
setts, and routes to Harrisburg, Pennsylvania, and Albany, New York,
from the Northeast Corridor main line) to achieve the goals of section
24902 of providing improved high-speed rail passenger transportation
between Boston, Massachusetts, and the District of Columbia, and inter-
mediate intercity markets;
(5) acquire, build, improve, and install passenger stations, commu-
nications and electric power facilities and equipment, public and private
highway and pedestrian crossings, and other facilities and equipment
necessary to provide improved high-speed rail passenger transportation
over rights of way improved under clause (4) of this subsection;
(6) make agreements with other carriers and commuter authorities to
grant, acquire, or make arrangements for rail freight or commuter rail
passenger transportation over, rights of way and facilities acquired
under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et
seq.) and the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.);
(7) appoint a general manager of the Northeast Corridor improvement
program; and
(8) make agreements with telecommunications common carriers, sub-
ject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to con-
tinue existing, and establish new and improved, passenger radio mobile
telephone service in the high-speed rail passenger transportation area
specified in section 24902(a)(1) and (2).
(b) COMPENSATORY AGREEMENTS.—Rail freight and commuter rail pas-
senger transportation provided under subsection (a)(3) of this section shall be
provided under compensatory agreements with the responsible carriers.
(c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS OF WAY
AND FACILITIES.—(1) An agreement under subsection (a)(6) of this section
shall provide for reasonable reimbursement of costs but may not cross-sub-
228
sidize intercity rail passenger, commuter rail passenger, and rail freight
transportation.
(2) If the parties do not agree, the Interstate Commerce Commission shall
order that the transportation continue over facilities acquired under the Re-
gional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and the Rail-
road Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.) and shall determine compensation (without allowing cross-subsidization
between intercity rail passenger and rail freight transportation) for the trans-
portation not later than 120 days after the dispute is submitted. The Commis-
sion shall assign to a rail freight carrier obtaining transportation under this
subsection the costs Amtrak incurs only for the benefit of the carrier, plus a
proportionate share of all other costs of providing transportation under this
paragraph incurred for the common benefit of Amtrak and the carrier. The
proportionate share shall be based on relative measures of volume of car oper-
ations, tonnage, or other factors that reasonably reflect the relative use of rail
property covered by this subsection.
(3) This subsection does not prevent the parties from making an agreement
under subsection (a)(6) of this section after the Commission makes a decision
under this subsection.
§ 24905. Coordination board and safety committee
(a) NORTHEAST CORRIDOR COORDINATION BOARD.—(1) The Northeast
Corridor Coordination Board is composed of the following members:
(A) one individual from each commuter authority (as defined in sec-
tion 1135(a) of the Omnibus Budget Reconciliation Act of 1981 (45
U.S.C. 1104)) that provides or makes a contract to provide commuter
rail passenger transportation over the main line of the Northeast Cor-
ridor.
(B) 2 individuals selected by Amtrak.
(C) one individual selected by the Consolidated Rail Corporation.
(2) The Board shall recommend to Amtrak—
(A) policies that ensure equitable access to the Northeast Corridor, con-
sidering the need for equitable access by commuter and intercity rail
passenger transportation and the requirements of section 24308(c) of this
title; and
(B) equitable policies for the Northeast Corridor related to—
(i) dispatching;
(ii) public information;
(iii) maintaining equipment and facilities;
(iv) major capital facility investments; and
(v) harmonizing equipment acquisitions, rates, and schedules.
229
(3) The Board may recommend to the board of directors and President of
Amtrak action necessary to resolve differences on providing transportation,
except for facilities and transportation matters under section 24308(a) or
24904(a)(5) and (c) of this title.
(b) NORTHEAST CORRIDOR SAFETY COMMITTEE.—(1) The Northeast Cor-
ridor Safety Committee is composed of members appointed by the Secretary
of Transportation. The members shall be representatives of—
(A) the Secretary;
(B) Amtrak;
(C) freight carriers operating more than 150,000 train miles a year
on the main line of the Northeast Corridor;
(D) commuter agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the Secretary decides have a
significant interest in rail safety.
(2) The Secretary shall consult with the Committee about safety improve-
ments on the Northeast Corridor main line. The Committee shall meet at least
once every 2 years to consider safety matters on the main line.
(3) At the beginning of the first session of each Congress, the Secretary shall
submit a report to Congress on the status of efforts to improve safety on the
Northeast Corridor main line. The report shall include the safety rec-
ommendations of the Committee and the comments of the Secretary on those
recommendations.
(4) The Committee shall cease to exist on January 1, 1999, or on another
date the Secretary decides is appropriate. The Secretary shall notify Congress
in writing of a decision to terminate the Committee on another date.
§ 24906. Eliminating highway at-grade crossings
(a) PLAN.—In consultation with the States on the main line of the North-
east Corridor, the Secretary of Transportation shall develop a plan not later
than September 30, 1993, to eliminate all highway at-grade crossings of the
main line by not later than December 31, 1997. The plan may provide that
eliminating a crossing is not required if—
(1) impracticable or unnecessary; and
(2) using the crossing is consistent with conditions the Secretary con-
siders appropriate to ensure safety.
(b) AMTRAK’S SHARE OF COSTS.—Amtrak shall pay 20 percent of the cost
of eliminating each highway at-grade crossing under the plan.
§ 24907. Note and mortgage
(a) GENERAL AUTHORITY.—To secure amounts expended by the United
States Government to acquire and improve rail property designated under
230
section 206(c)(1)(C) and (D) of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 716(c)(1)(C) and (D)), the Secretary of Transportation may ob-
tain a note of indebtedness from, and make a mortgage agreement with, Am-
trak to establish a mortgage lien on the property for the Government. The note
and mortgage may not supersede section 24904 of this title.
(b) EXEMPTIONS FROM LAWS AND REGULATIONS.—The note and agree-
ment under subsection (a) of this section, and a transaction related to the note
or agreement, are exempt from any United States, State, or local law or regu-
lation that regulates securities or the issuance of securities. The note, agree-
ment, or transaction under this section has the same immunities from other
laws that section 601 of the Act (45 U.S.C. 791) gives to transactions that
comply with or carry out the final system plan. The transfer of rail property
because of the note, agreement, or transaction has the same exemptions, privi-
leges, and immunities that the Act (45 U.S.C. 701 et seq.) gives to a transfer
ordered or approved by the special court under section 303(b) of the Act (45
U.S.C. 743(b)).
(c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION.—Amtrak, its board
of directors, and its individual directors are not liable because Amtrak has
given or issued the note or agreement to the Government under subsection (a)
of this section. Immunity granted under this subsection also applies to a
transaction related to the note or agreement. The Government shall indemnify
Amtrak, its board, and individual directors against costs and expenses actu-
ally and reasonably incurred in defending a civil action testing the validity
of the note, agreement, or transaction.
§ 24908. Transfer taxes and levies and recording charges
A transfer of an interest in rail property under this chapter is exempt from
a tax or levy related to the transfer that is imposed by the United States Gov-
ernment, a State, or a political subdivision of a State. On payment of the
appropriate and generally applicable charge for the service performed, a
transferee or transferor may record an instrument and, consistent with the
final system plan, the release or removal of a pre-existing lien or encumbrance
of record related to the interest transferred.
§ 24909. Authorization of appropriations
(a) GENERAL.—(1) Not more than $2,313,000,000 may be appropriated to
the Secretary of Transportation to achieve the goals of section 24902(a)(1) of
this title. From this amount, the following amounts shall be expended by Am-
trak:
(A) at least $27,000,000 for equipment modification and replacement
that a State or a local or regional transportation authority must bear
because of the electrification conversion system of the Northeast Corridor
under this chapter.
231
(B) $30,000,000—
(i) to improve the main line track between the Northeast Corridor
main line and Atlantic City, New Jersey, to ensure that the track,
consistent with a plan New Jersey developed in consultation with
Amtrak to provide rail passenger transportation between the North-
east Corridor main line and Atlantic City, New Jersey, would be
of sufficient quality to allow safe rail passenger transportation at
a minimum of 79 miles an hour not later than September 30, 1985;
and
(ii) to promote rail passenger use of the track.
(C) necessary amounts to—
(i) develop Union Station in the District of Columbia;
(ii) install 189 track-miles, and renew 133 track-miles, of con-
crete ties with continuously welded rail between the District of Co-
lumbia and New York, New York;
(iii) install reverse signaling between Philadelphia, Pennsylva-
nia, and Morrisville, Pennsylvania, on numbers 2 and 3 track;
(iv) restore ditch drainage in concrete tie locations between the
District of Columbia and New York, New York;
(v) undercut 83 track-miles between the District of Columbia and
New York, New York;
(vi) rehabilitate bridges between the District of Columbia and
New York, New York (including Hi line);
(vii) develop a maintenance of way equipment repair facility be-
tween the District of Columbia and New York, New York, and build
maintenance of way bases at Philadelphia, Pennsylvania, Sunny-
side, New York, and Cedar Hill, Connecticut;
(viii) stabilize the roadbed between the District of Columbia and
New York, New York;
(ix) automate the Bush River Drawbridge at milepost 72.14;
(x) improve the New York Service Facility to develop rolling stock
repair capability;
(xi) install a rail car washer facility at Philadelphia, Pennsylva-
nia;
(xii) restore storage tracks and buildings at the Washington Serv-
ice Facility;
(xiii) install centralized traffic control from Landlith, Delaware,
to Philadelphia, Pennsylvania;
(xiv) improve track, including high speed surfacing, ballast clean-
ing, and associated equipment repair and material distribution;
232
(xv) rehabilitate interlockings between the District of Columbia
and New York, New York;
(xvi) paint the Connecticut River, Groton, and Pelham Bay
bridges;
(xvii) provide additional catenary renewal and power supply up-
grading between the District of Columbia and New York, New York;
(xviii) rehabilitate structural, electrical, and mechanical systems
at the 30th Street Station in Philadelphia, Pennsylvania;
(xix) install evacuation and fire protection facilities in tunnels
in New York, New York;
(xx) improve the communication and signal systems between Wil-
mington, Delaware, and Boston, Massachusetts, on the Northeast
Corridor main line, and between Philadelphia, Pennsylvania, and
Harrisburg, Pennsylvania, on the Harrisburg Line;
(xxi) improve the electric traction systems between Wilmington,
Delaware, and Newark, New Jersey;
(xxii) install baggage rack restraints, seat back guards, and seat
lock devices on 348 passenger cars operating in the Northeast Cor-
ridor;
(xxiii) install 44 event recorders and 10 electronic warning de-
vices on locomotives operating within the Northeast Corridor; and
(xxiv) acquire cab signal test boxes and install 9 wayside loop
code transmitters for use within the Northeast Corridor.
(2) The following additional amounts may be appropriated to the Secretary
for expenditure by Amtrak:
(A) not more than $150,000,000 to achieve the goal of section
24902(a)(3) of this title.
(B) not more than $120,000,000 to acquire interests in property in
the Northeast Corridor.
(C) not more than $650,000 to develop and use mobile radio fre-
quencies for passenger radio mobile telephone service on high-speed rail
passenger transportation.
(D) not more than $20,000,000 to acquire and improve interests in
rail property designated under section 206(c)(1)(D) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).
(E) not more than $37,000,000 to carry out section 24902(a)(7) and
(j) of this title.
(b) EMERGENCY MAINTENANCE.—Not more than $25,000,000 of the amount
appropriated under the Act of February 28, 1975 (Public Law 94–6, 89 Stat.
11), may be used by Amtrak for emergency maintenance on rail property des-
233
ignated under section 206(c)(1)(C) of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 716(c)(1)(C)).
(c) PRIORITY IN USING CERTAIN AMOUNTS.—Amounts appropriated under
subsection (a)(2)(B) and (D) of this section shall be used first to repay, with
interest, obligations guaranteed under section 602 of the Rail Passenger Serv-
ice Act, if the proceeds of those obligations were used to pay the expenses of
acquiring interests in property referred to in subsection (a)(2)(B) and (D).
(d) PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT OPERATING
LOSSES.—Amounts appropriated under this section may not be used to sub-
sidize operating losses of commuter rail or rail freight transportation.
(e) SUBSTITUTING
AND DEFERRING CERTAIN IMPROVEMENTS.—(1) A
project for which amounts are authorized under subsection (a)(1)(C) of this
section is a part of the Northeast Corridor improvement program and is not
a substitute for improvements specified in the document ‘‘Corridor Master
Plan II, NECIP Restructured Program’’ of January, 1982. However, Amtrak
may defer the project to carry out the improvement and rehabilitation for
which amounts are authorized under subsection (a)(1)(B) of this section. The
total cost of the project that Amtrak defers may not be substantially more
than the amount Amtrak is required to expend or reserve under subsection
(a)(1)(B).
(2) Section 24902 of this title is deemed not to be fulfilled until the projects
under subsection (a)(1)(C) of this section are completed.
(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection
(a)(1) and (2)(A) and (C)–(E) of this section remain available until ex-
pended.
(g) AUTHORIZATIONS INCREASED
BY PRIOR YEAR DEFICIENCIES.—An
amount greater than that authorized for a fiscal year may be appropriated
to the extent that the amount appropriated for any prior fiscal year is less
than the amount authorized for that year.
PART D—MISCELLANEOUS
CHAPTER 261—LAW ENFORCEMENT
Sec.
26101.
Rail police officers.
26102.
Limit on certain accident or incident liability.
§ 26101. Rail police officers
Under regulations prescribed by the Secretary of Transportation, a rail po-
lice officer who is employed by a rail carrier and certified or commissioned
as a police officer under the laws of a State may enforce the laws of any juris-
diction in which the rail carrier owns property, to the extent of the authority
of a police officer certified or commissioned under the laws of that jurisdic-
tion, to protect—
234
(1) employees, passengers, or patrons of the rail carrier;
(2) property, equipment, and facilities owned, leased, operated, or
maintained by the rail carrier;
(3) property moving in interstate or foreign commerce in the posses-
sion of the rail carrier; and
(4) personnel, equipment, and material moving by rail that are vital
to the national defense.
§ 26102. Limit on certain accident or incident liability
(a) GENERAL.—When a publicly financed commuter transportation author-
ity established under Virginia law makes a contract to indemnify Amtrak for
liability for operations conducted by or for the authority or to indemnify a
rail carrier over whose tracks those operations are conducted, liability against
Amtrak, the authority, or the carrier for all claims (including punitive dam-
ages) arising from an accident or incident in the District of Columbia related
to those operations may not be more than the limits of the liability coverage
the authority maintains to indemnify Amtrak or the carrier.
(b) MINIMUM REQUIRED LIABILITY COVERAGE.—A publicly financed com-
muter transportation authority referred to in subsection (a) of this section
must maintain a total minimum liability coverage of at least $200,000,000.
(c) EFFECTIVENESS.—This section is effective only after Amtrak or a rail
carrier seeking an indemnification contract under this section makes an oper-
ating agreement with a publicly financed commuter transportation authority
established under Virginia law to provide access to its property for revenue
transportation related to the operations of the authority.
SUBTITLE VI—MOTOR VEHICLE AND DRIVER
PROGRAMS
PART A—GENERAL
CHAPTER
Sec.
301.
MOTOR VEHICLE SAFETY ................................................................................
30101
303.
NATIONAL DRIVER REGISTER ........................................................................
30301
305.
NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM ......................
30501
PART B—COMMERCIAL
311.
COMMERCIAL MOTOR VEHICLE SAFETY ....................................................
31101
313.
COMMERCIAL MOTOR VEHICLE OPERATORS ...........................................
31301
315.
MOTOR CARRIER SAFETY ................................................................................
31501
317.
PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND
INTERNATIONAL FUEL TAX AGREEMENT.
31701
PART C—INFORMATION, STANDARDS, AND REQUIREMENTS
321.
GENERAL ................................................................................................................
32101
323.
CONSUMER INFORMATION ...............................................................................
32301
325.
BUMPER STANDARDS ........................................................................................
32501
327.
ODOMETERS ..........................................................................................................
32701
329.
AUTOMOBILE FUEL ECONOMY .......................................................................
32901
331.
THEFT PREVENTION ..........................................................................................
33101
235
PART A—GENERAL
CHAPTER 301—MOTOR VEHICLE SAFETY
SUBCHAPTER I—GENERAL
Sec.
30101.
Purpose and policy.
30102.
Definitions.
30103.
Relationship to other laws.
30104.
Authorization of appropriations.
SUBCHAPTER II—STANDARDS AND COMPLIANCE
30111.
Standards.
30112.
Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and
equipment.
30113.
General exemptions.
30114.
Special exemptions.
30115.
Certification of compliance.
30116.
Defects and noncompliance found before sale to purchaser.
30117.
Providing information to, and maintaining records on, purchasers.
30118.
Notification of defects and noncompliance.
30119.
Notification procedures.
30120.
Remedies for defects and noncompliance.
30121.
Provisional notification and civil actions to enforce.
30122.
Making safety devices and elements inoperative.
30123.
Tires.
30124.
Buzzers indicating nonuse of safety belts.
30125.
Schoolbuses and schoolbus equipment.
30126.
Used motor vehicles.
30127.
Automatic occupant crash protection and seat belt use.
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND
EQUIPMENT
30141.
Importing motor vehicles capable of complying with standards.
30142.
Importing motor vehicles for personal use.
30143.
Motor vehicles imported by individuals employed outside the United States.
30144.
Importing motor vehicles on a temporary basis.
30145.
Importing motor vehicles or equipment requiring further manufacturing.
30146.
Release of motor vehicles and bonds.
30147.
Responsibility for defects and noncompliance.
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
30161.
Judicial review of standards.
30162.
Petitions by interested persons for standards and enforcement.
30163.
Actions by the Attorney General.
30164.
Service of process.
30165.
Civil penalty.
30166.
Inspections, investigations, and records.
30167.
Disclosure of information by the Secretary of Transportation.
30168.
Research, testing, development, and training.
30169.
Annual reports.
SUBCHAPTER I—GENERAL
§ 30101. Purpose and policy
The purpose of this chapter is to reduce traffic accidents and deaths and
injuries resulting from traffic accidents. Therefore it is necessary—
(1) to prescribe motor vehicle safety standards for motor vehicles and
motor vehicle equipment in interstate commerce; and
(2) to carry out needed safety research and development.
§ 30102. Definitions
(a) GENERAL DEFINITIONS.—In this chapter—
236
(1) ‘‘dealer’’ means a person selling and distributing new motor vehi-
cles or motor vehicle equipment primarily to purchasers that in good
faith purchase the vehicles or equipment other than for resale.
(2) ‘‘defect’’ includes any defect in performance, construction, a com-
ponent, or material of a motor vehicle or motor vehicle equipment.
(3) ‘‘distributor’’ means a person primarily selling and distributing
motor vehicles or motor vehicle equipment for resale.
(4) ‘‘interstate commerce’’ means commerce between a place in a State
and a place in another State or between places in the same State through
another State.
(5) ‘‘manufacturer’’ means a person—
(A) manufacturing or assembling motor vehicles or motor vehicle
equipment; or
(B) importing motor vehicles or motor vehicle equipment for re-
sale.
(6) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public streets, roads, and
highways, but does not include a vehicle operated only on a rail line.
(7) ‘‘motor vehicle equipment’’ means—
(A) any system, part, or component of a motor vehicle as origi-
nally manufactured;
(B) any similar part or component manufactured or sold for re-
placement or improvement of a system, part, or component, or as
an accessory or addition to a motor vehicle; or
(C) any device or an article or apparel (except medicine or eye-
glasses prescribed by a licensed practitioner) that is not a system,
part, or component of a motor vehicle and is manufactured, sold,
delivered, offered, or intended to be used only to safeguard motor ve-
hicles and highway users against risk of accident, injury, or death.
(8) ‘‘motor vehicle safety’’ means the performance of a motor vehicle
or motor vehicle equipment in a way that protects the public against un-
reasonable risk of accidents occurring because of the design, construction,
or performance of a motor vehicle, and against unreasonable risk of
death or injury in an accident, and includes nonoperational safety of a
motor vehicle.
(9) ‘‘motor vehicle safety standard’’ means a minimum standard for
motor vehicle or motor vehicle equipment performance.
(10) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
237
(11) ‘‘United States district court’’ means a district court of the Unit-
ed States, a United States court for Guam, the Virgin Islands, and
American Samoa, and the district court for the Northern Mariana Is-
lands.
(b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118–30121, and
30166(f) of this title—
(A) ‘‘adequate repair’’ does not include repair resulting in substan-
tially impaired operation of a motor vehicle or motor vehicle equipment;
(B) ‘‘first purchaser’’ means the first purchaser of a motor vehicle or
motor vehicle equipment other than for resale;
(C) ‘‘original equipment’’ means motor vehicle equipment (including
a tire) installed in or on a motor vehicle at the time of delivery to the
first purchaser;
(D) ‘‘replacement equipment’’ means motor vehicle equipment (includ-
ing a tire) that is not original equipment;
(E) a brand name owner of a tire marketed under a brand name not
owned by the manufacturer of the tire is deemed to be the manufacturer
of the tire;
(F) a defect in original equipment, or noncompliance of original
equipment with a motor vehicle safety standard prescribed under this
chapter, is deemed to be a defect or noncompliance of the motor vehicle
in or on which the equipment was installed at the time of delivery to
the first purchaser;
(G) a manufacturer of a motor vehicle in or on which original equip-
ment was installed when delivered to the first purchaser is deemed to be
the manufacturer of the equipment; and
(H) a retreader of a tire is deemed to be the manufacturer of the tire.
(2) The Secretary of Transportation may prescribe regulations changing
paragraph (1)(C), (D), (F), or (G) of this subsection.
§ 30103. Relationship to other laws
(a) UNIFORMITY OF REGULATIONS.—The Secretary of Transportation may
not prescribe a safety regulation related to a motor vehicle subject to sub-
chapter II of chapter 105 of this title that differs from a motor vehicle safety
standard prescribed under this chapter. However, the Secretary may pre-
scribe, for a motor vehicle operated by a carrier subject to subchapter II of
chapter 105, a safety regulation that imposes a higher standard of perform-
ance after manufacture than that required by an applicable standard in effect
at the time of manufacture.
(b) PREEMPTION.—(1) When a motor vehicle safety standard is in effect
under this chapter, a State or a political subdivision of a State may prescribe
or continue in effect a standard applicable to the same aspect of performance
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of a motor vehicle or motor vehicle equipment only if the standard is identical
to the standard prescribed under this chapter. However, the United States
Government, a State, or a political subdivision of a State may prescribe a
standard for a motor vehicle or motor vehicle equipment obtained for its own
use that imposes a higher performance requirement than that required by the
otherwise applicable standard under this chapter.
(2) A State may enforce a standard that is identical to a standard pre-
scribed under this chapter.
(c) ANTITRUST LAWS.—This chapter does not—
(1) exempt from the antitrust laws conduct that is unlawful under
those laws; or
(2) prohibit under the antitrust laws conduct that is lawful under
those laws.
(d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND REM-
EDIES.—Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and (b) of
this title do not establish or affect a warranty obligation under a law of the
United States or a State. A remedy under those sections and sections 30161
and 30162 of this title is in addition to other rights and remedies under other
laws of the United States or a State.
(e) COMMON LAW LIABILITY.—Compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from liabil-
ity at common law.
§ 30104. Authorization of appropriations
The following amounts may be appropriated to the Secretary of Transpor-
tation for the National Highway Traffic Safety Administration to carry out
this chapter:
(1) $71,333,436 for the fiscal year ending September 30, 1993.
(2) $74,044,106 for the fiscal year ending September 30, 1994.
(3) $76,857,782 for the fiscal year ending September 30, 1995.
SUBCHAPTER II—STANDARDS AND COMPLIANCE
§ 30111. Standards
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall pre-
scribe motor vehicle safety standards. Each standard shall be practicable, meet
the need for motor vehicle safety, and be stated in objective terms.
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a motor ve-
hicle safety standard under this chapter, the Secretary shall—
(1) consider relevant available motor vehicle safety information;
(2) consult with the agency established under the Act of August 20,
1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State
or interstate authorities (including legislative committees);