dreamproit/uscode huggingface dataset:
49 U.S.C. § 24701 (TRANSPORTATION)
§ 24701. National rail passenger transportation system
Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 923; Pub. L. 105–134, title I, § 101(a)(1), Dec. 2, 1997, 111 Stat. 2572.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24701(a)
45:561(b).
Oct. 30, 1970, Pub. L. 91–518, § 401(b), 84 Stat. 1335.
24701(b)
45:561(c).
Oct. 30, 1970, Pub. L. 91–518, § 401(c), 84 Stat. 1335; Nov. 3, 1973, Pub. L. 93–146, § 9, 87 Stat. 551.
In subsection (a), before clause (1), the text of 45:561(b) (1st sentence words after 3d comma) is omitted as obsolete because no regional transportation authority provided intercity rail passenger transportation after May 1, 1971. The words “On May 1, 1971” and “begin” are omitted as executed. The words “between points” and “either” are omitted as surplus. In clause (2), the words “under contract with Amtrak” are substituted for 45:561(b) (last sentence) for clarity and to eliminate unnecessary words. The words “at any time subsequent to May 1, 1971” are omitted as executed.
In subsection (b), the words “concerning auto-ferry service . . . railroad or any other” are omitted as surplus.
heading: Amendments
text: 1997—Pub. L. 105–134 substituted section catchline for former catchline which read “Operation of basic system” and amended text generally. Prior to amendment, text read as follows:
“(a) By Amtrak.—Amtrak shall provide intercity rail passenger transportation 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.”
49 U.S.C. § 24702 (TRANSPORTATION)
§ 24702. Transportation requested by States, authorities, and other persons
(a) Contracts for Transportation.—
Amtrak may enter into a contract with a State, a regional or local authority, or another person for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree.
(b) Discontinuance.—
Upon termination of a contract entered into under this section, or the cessation of financial support under such a contract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law.
(Added Pub. L. 110–432, div. B, title II, § 201(b)(1), Oct. 16, 2008, 122 Stat. 4910.)
heading: Prior Provisions
text: A prior section 24702, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 923; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to carrying out plan to improve intercity rail passenger service prior to repeal by Pub. L. 105–134, title I, § 101(b), Dec. 2, 1997, 111 Stat. 2572.
heading: Access to Amtrak Equipment and Services
text: Pub. L. 110–432, div. B, title II, § 217, Oct. 16, 2008, 122 Stat. 4930, provided that: “If a State desires to select or selects an entity other than Amtrak to provide services required for the operation of an intercity passenger train route described in section 24102(5)(D) or 24702 of title 49, United States Code, the State may make an agreement with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak to enable the State to utilize an entity other than Amtrak to provide services required for operation of the route. If the parties cannot agree upon terms, and the Surface Transportation Board finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary to carry out this provision and that the operation of Amtrak’s other services will not be impaired thereby, the Surface Transportation Board shall, within 120 days after submission of the dispute, issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services. Compensation shall be determined, as appropriate, in accordance with the methodology established pursuant to section 209 of this division [49 U.S.C. 24101 note], if available.”
49 U.S.C. § 24703 to 24705 (TRANSPORTATION)
[§§ 24703 to 24705. Repealed. Pub. L. 105–134, title I, §§ 103–105(a), Dec. 2, 1997, 111 Stat. 2572, 2573]
text: Section 24703, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 924, provided route and service criteria for modifying or discontinuing routes.
text: Section 24704, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 925, related to application by States, regional or local authorities, or other persons requesting Amtrak to provide passenger rail service and criteria for decision.
text: Section 24705, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 926; Pub. L. 104–88, title III, § 308(i), Dec. 29, 1995, 109 Stat. 947, related to providing service on routes recommended to be discontinued, criteria for deferring Secretary’s recommendation, and providing short haul demonstration routes.
49 U.S.C. § 24707, 24708 (TRANSPORTATION)
[§§ 24707, 24708. Repealed. Pub. L. 105–134, title I, § 101(d), (e), Dec. 2, 1997, 111 Stat. 2572]
text: Section 24707, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 928, required annual route, financial, and performance reviews.
text: Section 24708, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 929, related to continuing, modifying, or discontinuing passenger transportation routes.
49 U.S.C. § 24901 (TRANSPORTATION)
§ 24901. Definitions
In this chapter—
(1) “final system plan” means the final system plan (including additions) adopted by the United States Railway Association under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(2) “rail carrier” means an express carrier and a rail carrier as defined in section 10102 of this title, including Amtrak.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 930.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24901(1)
(no source).
24901(2)
(no source).
This section is derived from 45:802 for clarity. That section contains definitions for the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 33). Title VII of that Act is the source of the source provisions restated in this chapter. However, other titles of that Act are not being restated because they are outside the scope of the restatement. Therefore, 45:802 is not being restated in this restatement and only the relevant definitions are accounted for in this chapter.
heading: References in Text
text: The Regional Rail Reorganization Act of 1973, referred to in par. (1), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
49 U.S.C. § 24903 (TRANSPORTATION)
[§ 24903. Repealed. Pub. L. 105–134, title IV, § 405(a), Dec. 2, 1997, 111 Stat. 2586]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 933; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to program master plan for Boston-New York main line.
49 U.S.C. § 24906 (TRANSPORTATION)
§ 24906. Eliminating highway at-grade crossings
(a) Plan.—
In consultation with the States on the main line of the Northeast 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 considers 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 936.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24906(a)
45:650(a), (b).
Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 811; added Oct. 27, 1992, Pub. L. 102–533, § 2, 106 Stat. 3515.
24906(b)
45:650(c).
49 U.S.C. § 24908 (TRANSPORTATION)
§ 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 Government, 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 937.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24908
45:743(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 [45 U.S.C. 851 et seq.] or of”).
Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985, § 303(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of”); added Feb. 5, 1976, Pub. L. 94–210, § 601(d), 90 Stat. 84; Sept. 30, 1976, Pub. L. 94–436, § 5 (related to title VII), 90 Stat. 1399.
The words “or conveyances”, “(whether real, personal, or mixed)”, “which are made at any time”, “the purposes of”, “imposts”, “or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee”, “now or hereafter”, “to compensate . . . the cost of”, “such deeds, bills of sale, liens, encumbrances, or other”, and “the designations and applicable principles in” are omitted as surplus.
49 U.S.C. § 26102 (TRANSPORTATION)
§ 26102. High-speed rail technology improvements
(a) Authority.—
The Secretary may undertake activities for the improvement, adaptation, and integration of proven technologies for commercial application in high-speed rail service in the United States.
(b) Eligible Recipients.—
In carrying out activities authorized by subsection (a), the Secretary may provide financial assistance to any United States private business, educational institution located in the United States, State or local government or public authority, or agency of the Federal Government.
(c) Consultation With Other Agencies.—
In carrying out activities authorized by subsection (a), the Secretary shall consult with such other governmental agencies as may be necessary concerning the availability of appropriate technologies for commercial application in high-speed rail service in the United States.
(Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4617.)
heading: Prior Provisions
text: A prior section 26102 was renumbered section 28102 of this title.
49 U.S.C. § 26104 (TRANSPORTATION)
§ 26104. Authorization of appropriations
(a) Fiscal Years 2006 Through 2013.—
There are authorized to be appropriated to the Secretary—
(1) $30,000,000 for carrying out section 26101; and
(2) $30,000,000 for carrying out section 26102,
for each of the fiscal years 2006 through 2013.
(b) Funds To Remain Available.—
Funds made available under this section shall remain available until expended.
(Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title VII, § 7201(a), June 9, 1998, 112 Stat. 469; Pub. L. 109–59, title IX, § 9001(b), Aug. 10, 2005, 119 Stat. 1919; Pub. L. 110–432, div. B, title V, § 501(b), Oct. 16, 2008, 122 Stat. 4960.)
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–432 substituted “$30,000,000” for “$70,000,000”.
2005—Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to authorization of appropriations for fiscal years 1995 through 2001 and availability of funds.
1998—Subsecs. (d) to (h). Pub. L. 105–178 added subsecs. (d) to (g) and redesignated former subsec. (d) as (h).
49 U.S.C. § 26105 (TRANSPORTATION)
§ 26105. Definitions
For purposes of this chapter—
(1) the term “financial assistance” includes grants, contracts,,1 cooperative agreements, and other transactions;
(2) the term “high-speed rail” means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is—
(A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and
(B) made available to members of the general public as passengers,
but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation;
(3) the term “publicly financed costs” means the costs funded after April 29, 1993, by Federal, State, and local governments;
(4) the term “Secretary” means the Secretary of Transportation;
(5) the term “State” means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States; and
(6) the term “United States private business” means a business entity organized under the laws of the United States, or of a State, and conducting substantial business operations in the United States.
(Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title VII, § 7201(b), June 9, 1998, 112 Stat. 470; Pub. L. 109–59, title IX, § 9001(c), Aug. 10, 2005, 119 Stat. 1919.)
heading: Amendments
text: 2005—Par. (1). Pub. L. 109–59 substituted “, cooperative agreements, and other transactions” for “and cooperative agreements”.
1998—Par. (2). Pub. L. 105–178 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘high-speed rail’ has the meaning given such term under section 511(n) of the Railroad Revitalization and Regulatory Reform Act of 1976;”.
49 U.S.C. § 28101 (TRANSPORTATION)
§ 28101. Rail police officers
(a) In General.—
Under regulations prescribed by the Secretary of Transportation, a rail police 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 jurisdiction 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 jurisdiction, to protect—
(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 possession of the rail carrier; and
(4) personnel, equipment, and material moving by rail that are vital to the national defense.
(b) Assignment.—
A railroad police officer employed by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be temporarily assigned to assist a second railroad carrier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be considered to be an employee of the second railroad carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101; renumbered § 28101, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, § 1526(a), Aug. 3, 2007, 121 Stat. 452.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
26101
45:446.
Nov. 29, 1990, Pub. L. 101–647, § 1704, 104 Stat. 4846.
The words “to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction” are placed before clause (1) rather than at the end of clause (4), as in the source provision, to reflect the probable intent of Congress.
heading: Amendments
text: 2007—Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1994—Pub. L. 103–440 renumbered section 26101 of this title as this section.
49 U.S.C. § 28102 (TRANSPORTATION)
§ 28102. Limit on certain accident or incident liability
(a) General.—
When a publicly financed commuter transportation authority 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 damages) 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 commuter 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 operating 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 940, § 26102; renumbered § 28102, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
26102(a)
45:649(a) (1st sentence).
Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 810; added July 6, 1990, Pub. L. 101–322, § 3, 104 Stat. 295.
26102(b)
45:649(a) (last sentence).
26102(c)
45:649(b).
In subsection (a), the words “Notwithstanding any other provision of law”, “whether for compensatory or”, and “occurring” are omitted as surplus.
In subsection (c), the words “an indemnification contract” are substituted for “coverage” for clarity.
heading: Amendments
text: 1994—Pub. L. 103–440 renumbered section 26102 of this title as this section.
49 U.S.C. § 28301 (TRANSPORTATION)
§ 28301. General
(a) Eight Hour Day.—
In contracts for labor and service, 8 hours shall be a day’s work and the standard day’s work for determining the compensation for services of an employee employed by a common carrier by railroad subject to subtitle IV of this title and actually engaged in any capacity in operating trains used for transporting passengers or property on railroads from—
(1) a State of the United States or the District of Columbia to any other State or the District of Columbia;
(2) one place in a territory or possession of the United States to another place in the same territory or possession;
(3) a place in the United States to an adjacent foreign country; or
(4) a place in the United States through a foreign country to any other place in the United States.
(b) Application.—
Subsection (a) of this section—
(1) does not apply to—
(A) an independently owned and operated railroad not exceeding one hundred miles in length;
(B) an electric street railroad; and
(C) an electric interurban railroad; but
(2) does apply to an independently owned and operated railroad less than one hundred miles in length—
(A) whose principal business is leasing or providing terminal or transfer facilities to other railroads; or
(B) engaged in transfers of freight between railroads or between railroads and industrial plants.
(Added Pub. L. 104–287, § 5(56)(A), Oct. 11, 1996, 110 Stat. 3394.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
28301
45:65.
Sept. 3, 5, 1916, ch. 436, § 1, 39 Stat. 721.
(uncodified).
Sept. 3, 5, 1916, ch. 436, §§ 2, 3, 39 Stat. 721.
In subsection (a), the word “determining” is substituted for “reckoning” for clarity. The words “who are not or may hereafter be employed” are omitted as surplus. In clause (1), the words “or territory” are omitted because the existing territories of the United States are now connected to the United States by rail. In clause (2), the words “or possession of the United States” are added for consistency in the revised title and with other titles of the United States Code.
The text of sections 2 and 3 of the Act of September 3, 5, 1916 (ch. 436, 39 Stat. 721), is omitted to eliminate executed provisions.
49 U.S.C. § 28302 (TRANSPORTATION)
§ 28302. Penalties
A person violating section 28301 of this title shall be fined under title 18, imprisoned not more than one year, or both.
(Added Pub. L. 104–287, § 5(56)(A), Oct. 11, 1996, 110 Stat. 3394.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
28302
45:66.
Sept. 3, 5, 1916, ch. 436, § 4, 39 Stat. 722.
The words “shall be guilty of a misdemeanor” are omitted, and the words “shall be fined under title 18” are substituted for “shall be fined not less than $100 and not more than $1,000”, for consistency with title 18. The words “upon conviction” are omitted as surplus.
49 U.S.C. § 28501 (TRANSPORTATION)
§ 28501. Definitions
In this chapter—
(1) the term “Board” means the Surface Transportation Board;
(2) the term “capital work” means maintenance, restoration, reconstruction, capacity enhancement, or rehabilitation work on trackage that would be treated, in accordance with generally accepted accounting principles, as a capital item rather than an expense;
(3) the term “commuter rail passenger transportation” has the meaning given that term in section 24102;
(4) the term “public transportation authority” means a local governmental authority (as defined in section 5302(a)(6)) 1 established to provide, or make a contract providing for, commuter rail passenger transportation;
(5) the term “rail carrier” means a person, other than a governmental authority, providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105;
(6) the term “segregated fixed guideway facility” means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and
(7) the term “trackage” means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier.
(Added Pub. L. 110–432, div. B, title IV, § 401(a), Oct. 16, 2008, 122 Stat. 4955.)
heading: References in Text
text: Section 5302, referred to in par. (4), was amended generally by Pub. L. 112–141, div. B, § 20004, July 6, 2012, 126 Stat. 623, and, as so amended, no longer contains a subsec. (a). However, the term “local governmental authority” is defined elsewhere in that section.