209
for an order establishing the need of Amtrak for the interest and requiring
the carrier to convey the interest on reasonable terms, including just com-
pensation. The need of Amtrak is deemed to be established, and the Com-
mission, after holding an expedited proceeding and not later than 120 days
after receiving the application, shall order the interest conveyed unless the
Commission decides 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,
interest 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
proceeding pending before a United States court on November 28, 1990).
§ 24312. Labor standards
(a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS.—(1)
Amtrak 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 determined 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 stand-
ards will be maintained on the construction work. Health and safety stand-
ards 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 per-
formed 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 nor-
mally performed by an employee in a bargaining unit covered by a contract
210
between a labor organization and Amtrak or a rail carrier that provided
intercity rail 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 develop-
ing 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
appropriate.
§ 24314. Demonstration of new technology
(a) PLAN.—Amtrak shall develop a plan for demonstrating new tech-
nology in rail passenger equipment. The plan shall provide that new equip-
ment 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 Sen-
ate a report summarizing the plan developed under subsection (a) of this
section, including 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 cooper-
ate, to the extent feasible, on request of eligible applicants proposing a tech-
nology demonstration authorized and financed under a law of the United
States, with those applicants.
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§ 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—
(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 accomplish-
ments, including a statement of revenues and expenditures for the prior fis-
cal 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 Sec-
retary submits under section 308(a) of this title.
212
(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.
(e) COMPTROLLER GENERAL AUDITS.—The Comptroller General may
conduct 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 Comptrol-
ler General may prescribe regulations governing the audit.
(f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND RAIL
CARRIERS.—Amtrak and, if required by the Comptroller General, a rail car-
rier with which Amtrak has made a contract for intercity rail passenger
transportation 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 facili-
ties for verifying transactions with the balances or securities held by deposi-
tories, 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 un-
dertaking the Comptroller General considers is carried out without authority
of law. When the Comptroller General submits a report to Congress, the
Comptroller General shall submit a copy of it to the President, the Sec-
retary, 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
213
(4) is not a department, agency, or instrumentality of the United
States Government.
(b) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND
REGULATIONS.—Chapter 105 of this title does not apply to Amtrak Com-
muter. However, laws and regulations governing safety, employee represen-
tation 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 pro-
viding transportation subject to subchapter I of chapter 105 apply to Am-
trak 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 pas-
senger 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 indi-
viduals to perform a particular task, function, or operation.
(f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection, ‘‘ad-
ditional 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 trans-
portation.
(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-
214
senger transportation does not apply to Amtrak Commuter. However, Am-
trak 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.
§ 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 powers. Each director is entitled to reimbursement for necessary travel,
reasonable secretarial and professional staff support, and subsistence ex-
penses 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 op-
eration 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
Amtrak 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 Com-
muter. An officer may be paid not more than the general level of pay for
officers of rail carriers with comparable responsibility.
215
(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 complete public disclosure of the holdings and does not participate in any
decision 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
transportation;
(2) conduct research and development related to the mission of Am-
trak 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
operate and control all aspects of the commuter rail passenger transpor-
tation 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 es-
tablishes a consolidated work force.
§ 24505. Commuter rail passenger transportation
(a) GENERAL AUTHORITY.—Amtrak Commuter—
(1) shall provide commuter rail passenger transportation that the
Consolidated Rail Corporation was obligated to provide on August 13,
1981, under section 303(b)(2) or 304(e) of the Regional Rail Reorga-
nization 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 rea-
sonable 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
216
(B) make the offer according to regulations the Rail Services Plan-
ning 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.
(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
Passenger Service Act.
(d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter is not
obligated to provide commuter rail passenger transportation if a commuter
authority provides the transportation or makes a contract under which a
person, except Amtrak Commuter, will provide the transportation. When ap-
propriate, Amtrak Commuter shall give the authority or person access to
the rail property 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.—Compensa-
tion by a commuter authority to Amtrak or Amtrak Commuter for right-
of-way related costs for transportation over property Amtrak owns shall be
determined under a method the Interstate Commerce Commission estab-
lishes 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
passenger transportation apply to a commuter authority providing com-
muter 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
Corporation 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.
217
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.
§ 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
section 24306 of this title, a person may provide intercity rail passenger
transportation 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 system. 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 Ad-
ministration, and the Administrator of the Environmental Protection
Agency.
(b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall—
(1) identify any speed restriction a State or local government im-
poses on a train of Amtrak that Amtrak decides impedes Amtrak from
achieving high-speed intercity rail passenger transportation; and