222
(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 or 24707(a) or (b) of this title, Amtrak shall give notice of the dis-
continuance 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 discon-
tinued 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 pos-
sible after Amtrak decides to discontinue the service.
(c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a rail car-
rier (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 facility or service agreement under section 24308(a) of this title
under a modification or ending of the agreement or because Amtrak begins
providing that service. 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 posi-
tions related to employment;
(D) assurances of priority of reemployment of employees whose em-
ployment is ended or who are laid off; and
223
(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 em-
ployees, a discontinuance of intercity rail passenger service does not include
an adjustment in frequency, or seasonal suspension of intercity rail pas-
senger trains that causes a temporary suspension of service, unless the ad-
justment 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
carrier related to a right, privilege, or benefit earned by an employee be-
cause 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 evalua-
tion of the potential market demand for, and the cost of providing transpor-
tation on, a part of the route and an alternative route. Amtrak shall submit
the results of the review to the House of Representatives, the Senate, and
the Secretary of Transportation. If Amtrak decides that a route will not
meet the criterion under section 24705(a)(1), as adjusted, Amtrak shall
modify or discontinue 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 continue the maximum level of transportation prac-
ticable, including—
(1) changing the frequency of transportation;
(2) increasing fares;
224
(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.
(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
Amtrak 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 sec-
tion 403(d) of the Rail Passenger Service Act before October 1, 1981, if,
after considering estimated fare increases and State and local contributions
to the transportation, the transportation meets the short distance route cri-
terion 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 dis-
continue the transportation 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 be-
fore October 1, 1995, transportation provided under subsection (a) on a
route during the prior 6 months has a short-term avoidable loss (excluding
the cost of providing passenger equipment needed to provide the transpor-
tation), Amtrak may choose to consider modifying or discontinuing the
transportation. If Amtrak 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, Am-
trak may modify or discontinue the transportation so that there is no short-
term avoidable loss under this section for providing the transportation on
the route.
225
§ 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 ef-
fective enforcement of the immigration and customs laws, en route customs
inspection and immigration procedures for international intercity rail pas-
senger transportation that will—
(1) be convenient for passengers; and
(2) result in the quickest possible international intercity rail pas-
senger 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 Bos-