dreamproit/uscode huggingface dataset:
49 U.S.C. § 20501 (TRANSPORTATION)
§ 20501. Definition
In this chapter, “signal system” means a block signal system, an interlocking, automatic train stop, train control, or cab-signal device, or a similar appliance, method, device, or system intended to promote safety in railroad operations.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20501
(no source).
This section is added to eliminate the unnecessary repetition of the words used in the definition. The definition is derived from 49 App.:26(b)–(f).
heading: Signal Protection
text: Pub. L. 114–94, div. A, title XI, § 11408, Dec. 4, 2015, 129 Stat. 1684, provided that:
“(a) In General.—
Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall initiate a rulemaking to require that on-track safety regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.
“(b) Alternative Safety Measures.—
The Secretary shall consider exempting from any final requirements of this section each segment of track for which operations are governed by a positive train control system certified under section 20157 of title 49, United States Code, or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection.”
49 U.S.C. § 22103 (TRANSPORTATION)
§ 22103. Applications
(a) Filing.—
A State must file an application with the Secretary of Transportation 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 authorization 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 subsection, the Secretary shall consider the following:
(1) the percentage of rail lines that rail carriers have identified to the Surface Transportation Board for abandonment or potential abandonment 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 assistance.
(5) the impact of rail bankruptcies, rail restructuring, and rail mergers on the State.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104–88, title III, § 308(f)(3), Dec. 29, 1995, 109 Stat. 947.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
22103(a)
49 App.:1654(f) (1st sentence).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(f); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 2(a), (c), 103 Stat. 1843, 1846.
22103(b)
49 App.:1654(f) (last sentence).
In subsection (a), the words “under this chapter” are added for clarity. The words “a law” are substituted for “legislation” for consistency in the revised title.
In subsection (b)(3), the words “established by the Secretary” are omitted as surplus.
In subsection (b)(5), the words “applying for assistance” are omitted as unnecessary because of the restatement.
heading: Amendments
text: 1995—Subsec. (b)(1). Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission”.
heading: Effective Date of 1995 Amendment
text: Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
49 U.S.C. § 22108 (TRANSPORTATION)
[§ 22108. Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(4), Dec. 4, 2015, 129 Stat. 1648]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 898; Pub. L. 103–429, § 6(20), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to authorization of appropriations.
heading: Effective Date of Repeal
text: Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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 4 years for acceptance by the Secretary.
(Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4948; amended Pub. L. 114–94, div. A, title XI, § 11315(a)(1), Dec. 4, 2015, 129 Stat. 1674.)
heading: Amendments
text: 2015—Subsec. (b)(4). Pub. L. 114–94 substituted “4 years for acceptance by the Secretary” for “5 years for reapproval by the Secretary”.
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 24104 (TRANSPORTATION)
[§ 24104. Repealed. Pub. L. 114–94, div. A, title XI, § 11202(c)(2), Dec. 4, 2015, 129 Stat. 1630]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 902; Pub. L. 105–134, title III, § 301(a), Dec. 2, 1997, 111 Stat. 2585, authorized certain appropriations for the benefit of Amtrak.
heading: Effective Date of Repeal
text: Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
heading: Limitation on Use of Tax Refund
text: Pub. L. 105–134, title II, § 209, Dec. 2, 1997, 111 Stat. 2584, provided that:
“(a) In General.—
Amtrak may not use any amount received under section 977 of the Taxpayer Relief Act of 1997 [Pub. L. 105–34, 26 U.S.C. 172 note]—
“(1) for any purpose other than making payments to non-Amtrak States (pursuant to section 977(c) of that Act), or the financing of qualified expenses (as that term is defined in section 977(e)(1) of that Act); or
“(2) to offset other amounts used for any purpose other than the financing of such expenses.
“(b) Report by ARC.—
The Amtrak Reform Council shall report quarterly to the Congress on the use of amounts received by Amtrak under section 977 of the Taxpayer Relief Act of 1997.”
heading: Reform Board
text: Pub. L. 105–134, title IV, § 411(b), Dec. 2, 1997, 111 Stat. 2589, provided that provisions authorizing certain appropriations shall cease to be effective if the Reform Board had not assumed the responsibilities of the Board of Directors of Amtrak before July 1, 1998.
49 U.S.C. § 24105 (TRANSPORTATION)
[§ 24105. Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(2), Dec. 4, 2015, 129 Stat. 1648]
text: Section, Pub. L. 110–432, div. B, title III, § 302(a), Oct. 16, 2008, 122 Stat. 4947, related to congestion grants.
heading: Effective Date of Repeal
text: Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 24202 (TRANSPORTATION)
§ 24202. Railroad rights-of-way
(a) In General.—
Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under section 306108 of title 54 to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
(b) Final Exemption.—
Not later than 180 days after the date on which the Secretary submits the proposed exemption under subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of title 54 consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
(Added Pub. L. 114–94, div. A, title XI, § 11504(a), Dec. 4, 2015, 129 Stat. 1692.)
heading: References in Text
text: The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (a), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.
heading: Effective Date
text: Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 24318 (TRANSPORTATION)
§ 24318. Costs and revenues
(a) Allocation.—
Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs, revenues, and other compensation are appropriately allocated to the Northeast Corridor, including train services or infrastructure, or the National Network, including proportional shares of common and fixed costs.
(b) Rule of Construction.—
Nothing in this section shall be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
(c) Definition of Northeast Corridor.—
Notwithstanding section 24102, for purposes of this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
(Added Pub. L. 114–94, div. A, title XI, § 11202(a), Dec. 4, 2015, 129 Stat. 1628.)
heading: References in Text
text: The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (a), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.
Section 209 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (b), is section 209 of div. B of Pub. L. 110–432, which is set out as a note under section 24101 of this title.
heading: Effective Date
text: Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 24321 (TRANSPORTATION)
§ 24321. Food and beverage reform
(a) Plan.—
Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall develop and begin implementing a plan to eliminate, within 5 years of such date of enactment, the operating loss associated with providing food and beverage service on board Amtrak trains.
(b) Considerations.—
In developing and implementing the plan, Amtrak shall consider a combination of cost management and revenue generation initiatives, including—
(1) scheduling optimization;
(2) on-board logistics;
(3) product development and supply chain efficiency;
(4) training, awards, and accountability;
(5) technology enhancements and process improvements; and
(6) ticket revenue allocation.
(c) Savings Clause.—
Amtrak shall ensure that no Amtrak employee holding a position as of the date of enactment of the Passenger Rail Reform and Investment Act of 2015 is involuntarily separated because of—
(1) the development and implementation of the plan required under subsection (a); or
(2) any other action taken by Amtrak to implement this section.
(d) No Federal Funding for Operating Losses.—
Beginning on the date that is 5 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, no Federal funds may be used to cover any operating loss associated with providing food and beverage service on a route operated by Amtrak or a rail carrier that operates a route in lieu of Amtrak pursuant to section 24711.
(e) Report.—
Not later than 120 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, and annually thereafter for 5 years, Amtrak shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the plan developed pursuant to subsection (a) and a description of progress in the implementation of the plan.
(Added Pub. L. 114–94, div. A, title XI, § 11207(a), Dec. 4, 2015, 129 Stat. 1638.)
heading: References in Text
text: The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsecs. (a), (c), (d), and (e), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.
heading: Effective Date
text: Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 24322 (TRANSPORTATION)
§ 24322. Rolling stock purchases
(a) In General.—
Prior to entering into any contract in excess of $100,000,000 for rolling stock and locomotive procurements Amtrak shall submit a business case analysis to the Secretary of Transportation, the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, on the utility of such procurements.
(b) Contents.—
The business case analysis shall—
(1) include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors;
(2) set forth the total payments by fiscal year;
(3) identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding;
(4) include an explanation of whether any payment under the contract will increase Amtrak’s funding request in its general and legislative annual report required under section 24315(b) in a particular fiscal year; and
(5) describe how Amtrak will adjust the procurement if future funding is not available.
(c) Rule of Construction.—
Nothing in this section shall be construed as requiring Amtrak to disclose confidential information regarding a potential vendor’s proposed pricing or other sensitive business information prior to contract execution or prohibiting Amtrak from entering into a contract after submission of a business case analysis under subsection (a).
(Added Pub. L. 114–94, div. A, title XI, § 11208(a), Dec. 4, 2015, 129 Stat. 1639.)
heading: Effective Date
text: Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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) Repealed. Pub. L. 114–94, div. A, title XI, § 11316(p), Dec. 4, 2015, 129 Stat. 1679]
(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; amended Pub. L. 114–94, div. A, title XI, § 11316(p), Dec. 4, 2015, 129 Stat. 1679.)
heading: Amendments
text: 2015—Subsec. (b). Pub. L. 114–94 struck out subsec. (b) which related to secretarial oversight.
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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, as amended by Pub. L. 114–94, div. A, title XI, § 11006(b)(1), Dec. 4, 2015, 129 Stat. 1624, 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(7)(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. § 30120A (TRANSPORTATION)
§ 30120A. Recall obligations and bankruptcy of a manufacturer
A manufacturer’s filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer’s duty to comply with section 30112 or sections 30115 through 30120 of this title. In any bankruptcy proceeding, the manufacturer’s obligations under such sections shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of chapter 37 of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to ensure that consumers are adequately protected from any safety defect or noncompliance determined to exist in the manufacturer’s products. This section shall apply equally to actions of a manufacturer taken before or after the filing of a petition in bankruptcy.
(Added Pub. L. 112–141, div. C, title I, § 31312(a), July 6, 2012, 126 Stat. 772; amended Pub. L. 114–94, div. B, title XXIV, § 24106, Dec. 4, 2015, 129 Stat. 1705.)
heading: Amendments
text: 2015—Pub. L. 114–94 substituted “chapter 7 or chapter 11 of title 11” for “chapter 11 of title 11,”.
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 31109 (TRANSPORTATION)
§ 31109. Performance and registration information system management
The Secretary of Transportation may make a grant to a State to implement the performance and registration information system management requirements of section 31106(b).
(Added Pub. L. 109–59, title IV, § 4109(b)(1), Aug. 10, 2005, 119 Stat. 1721.)
heading: Repeal of Section
text: Pub. L. 114–94, div. A, title V, § 5101(e)(4), (f), (g), Dec. 4, 2015, 129 Stat. 1525, 1526, provided that, effective Oct. 1, 2016, this section is repealed, subject to a transition provision.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2016, subject to a transition provision, see section 5101(f), (g) of Pub. L. 114–94, set out as Effective Date of 2015 Amendment and Transition notes under section 31102 of this title.