49 U.S.C. § 24712 (TRANSPORTATION)
§ 24712. State-supported routes operated by Amtrak
(a) State-Supported Route Committee.—
(1) Establishment.—
Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish the State-Supported Route Committee (referred to in this section as the “Committee”) to promote mutual cooperation and planning pertaining to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-supported routes and to further implement section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
(2) Membership.—
(A) In general.—
The Committee shall consist of—
(i) members representing Amtrak;
(ii) members representing the Department of Transportation, including the Federal Railroad Administration; and
(iii) members representing States.
(B) Non-voting members.—
The Committee may invite and accept other non-voting members to participate in Committee activities, as appropriate.
(3) Decisionmaking.—
The Committee shall establish a bloc voting system under which, at a minimum—
(A) there are 3 separate voting blocs to represent the Committee’s voting members, including—
(i) 1 voting bloc to represent the members described in paragraph (2)(A)(i);
(ii) 1 voting bloc to represent the members described in paragraph (2)(A)(ii); and
(iii) 1 voting bloc to represent the members described in paragraph (2)(A)(iii);
(B) each voting bloc has 1 vote;
(C) the vote of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support of at least two-thirds of that voting bloc’s members; and
(D) the Committee makes decisions by unanimous consent of the 3 voting blocs.
(4) Meetings; rules and procedures.—
The Committee shall convene a meeting and shall define and implement the rules and procedures governing the Committee’s proceedings not later than 180 days after the date of establishment of the Committee by the Secretary. The rules and procedures shall—
(A) incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph (3); and
(B) be adopted in accordance with such decisionmaking procedures.
(5) Committee decisions.—
Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members.
(6) Cost allocation methodology.—
(A) In general.—
Subject to subparagraph (B), the Committee may amend the cost allocation methodology required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
(B) Procedures for changing methodology.—
The rules and procedures implemented under paragraph (4) shall include procedures for changing the cost allocation methodology.
(C) Requirements.—
The cost allocation methodology shall—
(i) ensure equal treatment in the provision of like services of all States and groups of States; and
(ii) allocate to each route the costs incurred only for the benefit of that route and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 route.
(b) Invoices and Reports.—
Not later than April 15, 2016, and monthly thereafter, Amtrak shall provide to each State that sponsors a State-supported route a monthly invoice of the cost of operating such route, including fixed costs and third-party costs. The Committee shall determine the frequency and contents of financial and performance reports that Amtrak shall provide to the States, as well as the planning and demand reports that the States shall provide to Amtrak.
(c) Dispute Resolution.—
(1) Request for dispute resolution.—
If a dispute arises with respect to the rules and procedures implemented under subsection (a)(4), an invoice or a report provided under subsection (b), implementation or compliance with the cost allocation methodology developed under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) or amended under subsection (a)(6) of this section, either Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection.
(2) Procedures.—
The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this subsection, which may include provision of professional mediation services.
(3) Binding effect.—
A decision of the Surface Transportation Board under this subsection shall be binding on the parties to the dispute.
(4) Obligation.—
Nothing in this subsection shall affect the obligation of a State to pay an amount not in dispute.
(d) Assistance.—
(1) In general.—
The Secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route.
(2) Financial assistance.—
From among available funds, the Secretary shall provide—
(A) financial assistance to Amtrak or 1 or more States to perform requested independent technical analysis of issues before the Committee; and
(B) administrative expenses that the Secretary determines necessary.
(e) Performance Metrics.—
In negotiating a contract for operation of a State-supported route, Amtrak and the State or States that sponsor the route shall consider including provisions that provide penalties and incentives for performance.
(f) Statement of Goals and Objectives.—
(1) In general.—
The Committee shall develop a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, such as host railroads, in meeting the identified goals and objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement.
(2) Transmission of statement of goals and objectives.—
Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement developed under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(g) Rule of Construction.—
The decisions of the Committee—
(1) shall pertain to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-sponsored routes; and
(2) shall not pertain to the rail operations or related activities of services operated by other rail carriers on State-supported routes.
(h) Definition of State.—
In this section, the term “State” means any of the 50 States, including the District of Columbia, that sponsor the operation of trains by Amtrak on a State-supported route, or a public entity that sponsors such operation on such a route.
(Added Pub. L. 114–94, div. A, title XI, § 11204(a), Dec. 4, 2015, 129 Stat. 1634.)
heading: References in Text
text: The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsecs. (a)(1) and (f)(2), 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 subsecs. (a)(1), (6)(A), and (c)(1), 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.