dreamproit/uscode huggingface dataset:
49 U.S.C. § 22701 (TRANSPORTATION)
§ 22701. Definitions
In this subchapter: 1
(1) Private benefit.—
(A) In general.—
The term “private benefit”—
(i) means a benefit accrued to a person or private entity, other than Amtrak, that directly improves the economic and competitive condition of that person or entity through improved assets, cost reductions, service improvements, or any other means as defined by the Secretary; and
(ii) shall be determined on a project-by-project basis, based upon an agreement between the parties.
(B) Consultation.—
The Secretary may seek the advice of the States and rail carriers in further defining this term.
(2) Public benefit.—
(A) In general.—
The term “public benefit”—
(i) means a benefit accrued to the public, including Amtrak, in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air quality or land use, more efficient energy use, enhanced public safety or security, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and
(ii) shall be determined on a project-by-project basis, based upon an agreement between the parties.
(B) Consultation.—
The Secretary may seek the advice of the States and rail carriers in further defining this term.
(3) State.—
The term “State” means any of the 50 States and the District of Columbia.
(4) State rail transportation authority.—
The term “State rail transportation authority” means the State agency or official responsible under the direction of the Governor of the State or a State law for preparation, maintenance, coordination, and administration of the State rail plan.
(Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4947.)
49 U.S.C. § 22702 (TRANSPORTATION)
§ 22702. Authority
(a) In General.—
Each State may prepare and maintain a State rail plan in accordance with the provisions of this chapter.
(b) Requirements.—
The Secretary shall establish the minimum requirements for the preparation and periodic revision of a State rail plan, including that a State shall—
(1) establish or designate a State rail transportation authority to prepare, maintain, coordinate, and administer the plan;
(2) establish or designate a State rail plan approval authority to approve the plan;
(3) submit the State’s approved plan to the Secretary of Transportation for review; and
(4) revise and resubmit a State-approved plan no less frequently than once every 5 years for reapproval by the Secretary.
(Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4948.)
49 U.S.C. § 22703 (TRANSPORTATION)
§ 22703. Purposes
(a) Purposes.—
The purposes of a State rail plan are as follows:
(1) To set forth State policy involving freight and passenger rail transportation, including commuter rail operations, in the State.
(2) To establish the period covered by the State rail plan.
(3) To present priorities and strategies to enhance rail service in the State that benefits the public.
(4) To serve as the basis for Federal and State rail investments within the State.
(b) Coordination.—
A State rail plan shall be coordinated with other State transportation planning goals and programs, including the plan required under section 135 of title 23, and set forth rail transportation’s role within the State transportation system.
(Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4948.)
49 U.S.C. § 22704 (TRANSPORTATION)
§ 22704. Transparency; coordination; review
(a) Preparation.—
A State shall provide adequate and reasonable notice and opportunity for comment and other input to the public, rail carriers, commuter and transit authorities operating in, or affected by rail operations within the State, units of local government, and other interested parties in the preparation and review of its State rail plan.
(b) Intergovernmental Coordination.—
A State shall review the freight and passenger rail service activities and initiatives by regional planning agencies, regional transportation authorities, and municipalities within the State, or in the region in which the State is located, while preparing the plan, and shall include any recommendations made by such agencies, authorities, and municipalities as deemed appropriate by the State.
(Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4949.)
49 U.S.C. § 22706 (TRANSPORTATION)
§ 22706. Review
The Secretary shall prescribe procedures for States to submit State rail plans for review under this title, including standardized format and data requirements. State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of this chapter, as determined by the Secretary, shall be deemed by the Secretary to have met the requirements of this chapter.
(Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4950.)
heading: References in Text
text: The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in text, is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008.
49 U.S.C. § 24103 (TRANSPORTATION)
§ 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 inconsistent with this part;
(ii) to obstruct or interfere with an activity authorized by this part; or
(iii) to refuse, fail, or neglect to discharge its duties and responsibilities under this part.
(2) An employee affected by any conduct or threat referred to in paragraph (1) of this subsection, or an authorized employee representative, may bring the civil action if the conduct or threat involves a labor agreement.
(b) Review of Discontinuance or Reduction.—
A discontinuance of a route, a train, or transportation, or a reduction in the frequency of transportation, by Amtrak is reviewable only in a civil action for equitable relief brought by the Attorney General.
(c) Venue.—
Except as otherwise prohibited by law, a civil action under this section may be brought in the judicial district in which Amtrak or the rail carrier resides or is found.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 901.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24103(a)
45:547(a) (1st sentence less words between 13th–15th commas).
Oct. 30, 1970, Pub. L. 91–518, § 307(a) (1st sentence), (b), 84 Stat. 1333.
24103(b)
45:547(a) (last sentence).
Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 307(a) (last sentence); added Aug. 13, 1981, Pub. L. 97–35, § 1179, 95 Stat. 693.
24103(c)
45:547(a) (1st sentence words between 13th–15th commas), (b).
In subsections (a) and (b), the words “may bring a civil action”, “may bring the civil action”, and “in a civil action brought by” are substituted for “upon petition of” and “on petition of” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (a)(1), before clause (A), the words “Except as provided in paragraph (2) of this subsection” are added for clarity. The word “only” is added for clarity. See National Railroad Passenger Corp. et al. v. National Association of Railroad Passengers, 414 U.S. 453 (1974). In clauses (A) and (D)(i), the words “the policies and purposes of” are omitted as surplus.
In subsection (a)(2), the word “duly” is omitted as surplus.
In subsection (b), the words “in any court” are omitted as surplus.
Subsection (c) is substituted for 45:547(a) (1st sentence words between 13th–15th commas) for consistency in the revised title and with other titles of the United States Code. The text of 45:547(b) is omitted as surplus.
49 U.S.C. § 24105 (TRANSPORTATION)
§ 24105. Congestion grants
(a) Authority.—
The Secretary of Transportation may make grants to States, or to Amtrak in cooperation with States, for financing the capital costs of facilities, infrastructure, and equipment for high priority rail corridor projects necessary to reduce congestion or facilitate ridership growth in intercity rail passenger transportation.
(b) Eligible Projects.—
Projects eligible for grants under this section include projects—
(1) identified by Amtrak as necessary to reduce congestion or facilitate ridership growth in intercity rail passenger transportation along heavily traveled rail corridors;
(2) identified by the Surface Transportation Board as necessary to improve the on time 1 performance and reliability of intercity rail passenger transportation under section 24308(f); and
(3) designated by the Secretary as being sufficiently advanced in development to be capable of serving the purposes described in subsection (a) on an expedited schedule.
(c) Federal Share.—
The Federal share of the cost of a project financed under this section shall not exceed 80 percent.
(d) Grant Conditions.—
The Secretary of Transportation shall require each recipient of a grant under this section to comply with the grant requirements of section 24405 of this title.
(e) Authorization of Appropriations.—
There are authorized to be appropriated, from amounts made available under section 301 of the Passenger Rail Investment and Improvement Act of 2008, to the Secretary to carry out this section—
(1) $50,000,000 for fiscal year 2010;
(2) $75,000,000 for fiscal year 2011;
(3) $100,000,000 for fiscal year 2012; and
(4) $100,000,000 for fiscal year 2013.
(Added Pub. L. 110–432, div. B, title III, § 302(a), Oct. 16, 2008, 122 Stat. 4947.)
heading: References in Text
text: Section 301 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (e), is section 301 of Pub. L. 110–432, which enacted chapter 244 (§ 24401 et seq.) of this title and enacted provisions set out as a note under section 24405 of this title.
49 U.S.C. § 24303 (TRANSPORTATION)
§ 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. The preceding sentence shall not apply for any fiscal year for which no Federal assistance is provided to Amtrak.
(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 complete public disclosure of the holdings and does not participate in any decision directly affecting the rail carrier.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 907; Pub. L. 105–134, title II, § 207, Dec. 2, 1997, 111 Stat. 2584.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24303(a)
45:543(d) (1st, 4th, 5th sentences).
Oct. 30, 1970, Pub. L. 91–518, § 303(d), 84 Stat. 1331; June 22, 1972, Pub. L. 92–316, § 1(a), 86 Stat. 227; May 26, 1975, Pub. L. 94–25, § 2, 89 Stat. 90; July 18, 1982, Pub. L. 97–216, § 101 (par. under heading “Grants to the National Railroad Passenger Corporation”), 96 Stat. 187; June 22, 1988, Pub. L. 100–342, § 18(c), 102 Stat. 636.
24303(b)
45:543(d) (2d, 3d sentences).
24303(c)
45:543(d) (last sentence).
In subsection (a), the words “of directors of Amtrak” are added for clarity.
In subsection (b), the words “rates of”, “president and other”, and “at a level” are omitted as surplus.
In subsection (c), the words “direct or indirect” are omitted as surplus. The word “another” is substituted for “any” for clarity.
heading: Amendments
text: 1997—Subsec. (b). Pub. L. 105–134 inserted at end “The preceding sentence shall not apply for any fiscal year for which no Federal assistance is provided to Amtrak.”
49 U.S.C. § 24310 (TRANSPORTATION)
§ 24310. Management accountability
(a) In General.—
Within 3 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, and 2 years thereafter, the Inspector General of the Department of Transportation shall complete an overall assessment of the progress made by Amtrak management and the Department of Transportation in implementing the provisions of that Act.
(b) Assessment.—
The management assessment undertaken by the Inspector General may include a review of—
(1) effectiveness in improving annual financial planning;
(2) effectiveness in implementing improved financial accounting;
(3) efforts to implement minimum train performance standards;
(4) progress maximizing revenues, minimizing Federal subsidies, and improving financial results; and
(5) any other aspect of Amtrak operations the Inspector General finds appropriate to review.
(Added Pub. L. 110–432, div. B, title II, § 221(a), Oct. 16, 2008, 122 Stat. 4931.)
heading: References in Text
text: The Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (a), is div. B of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4907. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 20101 of this title and Tables.
heading: Prior Provisions
text: A prior section 24310, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 914, allowed petition or application for assistance in upgrading facilities to correct dangerous conditions or State and local violations, prior to repeal by Pub. L. 105–134, title IV, § 403, Dec. 2, 1997, 111 Stat. 2585.
49 U.S.C. § 24313 (TRANSPORTATION)
§ 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 Amtrak. 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 appropriate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 917.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
24313
45:646.
Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 807; added Oct. 5, 1978, Pub. L. 95–421, § 13, 92 Stat. 929.
In this section, before clause (1), the words “No later than January 1, 1979” are omitted as executed. The word “maintain” is substituted for “develop and implement” for clarity. The words “designed to serve as” and “required under this section” are omitted as surplus. In clause (1), the words “if known” are omitted as surplus. In clause (2), the words “undertaken” and “causes” are omitted as surplus. In clauses (3)–(6), the word “reports” is substituted for “identification” for clarity. In clause (3), the word “included” is omitted as surplus. In clause (4), the words “personal injuries” are substituted for “fatalities, and casualties” for consistency in the revised title. The word “activities” is added for clarity. In clause (6), the words “or data” and “necessary or” are omitted as surplus.
49 U.S.C. § 24314 (TRANSPORTATION)
[§ 24314. Repealed. Pub. L. 105–134, title IV, § 404, Dec. 2, 1997, 111 Stat. 2586]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 917; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to Amtrak developing plan for demonstrating new technology that may increase train speed in intercity rail passenger system.
49 U.S.C. § 24401 (TRANSPORTATION)
§ 24401. Definitions
In this chapter:
(1) Applicant.—
The term “applicant” means a State (including the District of Columbia), a group of States, an Interstate Compact, or a public agency established by one or more States and having responsibility for providing intercity passenger rail service.
(2) Capital project.—
The term “capital project” means a project or program in a State rail plan developed under chapter 227 of this title for—
(A) acquiring, constructing, improving, or inspecting equipment, track and track structures, or a facility for use in or for the primary benefit of intercity passenger rail service, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to intercity passenger rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating, remanufacturing or overhauling rail rolling stock and facilities used primarily in intercity passenger rail service;
(C) costs associated with developing State rail plans; and
(D) the first-dollar liability costs for insurance related to the provision of intercity passenger rail service under section 24404.
(3) Intercity passenger rail service.—
The term “intercity passenger rail service” means intercity rail passenger transportation, as defined in section 24102 of this title.
(Added Pub. L. 110–432, div. B, title III, § 301(a), Oct. 16, 2008, 122 Stat. 4935.)
49 U.S.C. § 24403 (TRANSPORTATION)
§ 24403. Project management oversight
(a) Project Management Plan Requirements.—
To receive Federal financial assistance for a major capital project under this chapter, an applicant must prepare and carry out a project management plan approved by the Secretary of Transportation. The plan shall provide for—
(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented, systematic approach to handling the construction change orders;
(6) organizational structures, management skills, and staffing levels required throughout the construction phase;
(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting requirements;
(10) criteria and procedures to be used for testing the operational system or its major components;
(11) periodic updates of the plan, especially related to project budget and project schedule, financing, and ridership estimates; and
(12) the recipient’s commitment to submit periodically a project budget and project schedule to the Secretary.
(b) Secretarial Oversight.—
(1) The Secretary may use no more than 1 percent of amounts made available in a fiscal year for capital projects under this chapter to enter into contracts to oversee the construction of such projects.
(2) The Secretary may use amounts available under paragraph (1) of this subsection to make contracts for safety, procurement, management, and financial compliance reviews and audits of a recipient of amounts under paragraph (1).
(3) The Federal Government shall pay the entire cost of carrying out a contract under this subsection.
(c) Access to Sites and Records.—
Each recipient of assistance under this chapter shall provide the Secretary and a contractor the Secretary chooses under subsection (b) of this section with access to the construction sites and records of the recipient when reasonably necessary.
(Added Pub. L. 110–432, div. B, title III, § 301(a), Oct. 16, 2008, 122 Stat. 4941.)
49 U.S.C. § 24404 (TRANSPORTATION)
§ 24404. Use of capital grants to finance first-dollar liability of grant project
Notwithstanding the requirements of section 24402 of this chapter, the Secretary of Transportation may approve the use of a capital assistance grant under this chapter to fund self-insured retention of risk for the first tier of liability insurance coverage for rail passenger service associated with the grant, but the coverage may not exceed $20,000,000 per occurrence or $20,000,000 in aggregate per year.
(Added Pub. L. 110–432, div. B, title III, § 301(a), Oct. 16, 2008, 122 Stat. 4942.)
49 U.S.C. § 24406 (TRANSPORTATION)
§ 24406. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation for capital grants under this chapter the following amounts:
(1) For fiscal year 2009, $100,000,000.
(2) For fiscal year 2010, $300,000,000.
(3) For fiscal year 2011, $400,000,000.
(4) For fiscal year 2012, $500,000,000.
(5) For fiscal year 2013, $600,000,000.
(Added Pub. L. 110–432, div. B, title III, § 301(a), Oct. 16, 2008, 122 Stat. 4946.)
49 U.S.C. § 24501 to 24506 (TRANSPORTATION)
[§§ 24501 to 24506. Repealed. Pub. L. 105–134, title I, § 106(a), Dec. 2, 1997, 111 Stat. 2573]
text: Section 24501, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 919; Pub. L. 103–429, § 6(21), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–88, title III, § 308(h), Dec. 29, 1995, 109 Stat. 947, related to status of Amtrak Commuter and applicable laws.
text: Section 24502, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 920, related to board of directors of Amtrak Commuter.
text: Section 24503, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 921, related to appointment and service of officers of Amtrak Commuter.
text: Section 24504, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 921, related to general authority of Amtrak Commuter.
text: Section 24505, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 921, related to Amtrak’s rights and responsibilities as relating to commuter rail passenger transportation.
text: Section 24506, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 922, provided that certain powers and duties of Consolidated Rail Corporation were not affected by this chapter.
heading: Trackage Rights Not Affected
text: Pub. L. 105–134, title I, § 106(c), Dec. 2, 1997, 111 Stat. 2573, provided that: “The repeal of chapter 245 of title 49, United States Code, by subsection (a) of this section is without prejudice to the retention of trackage rights over property owned or leased by commuter authorities.”