dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Editorial Notes
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. § 24318 (TRANSPORTATION)
§ 24318. Costs and revenues
(a) Allocation.—
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; amended Pub. L. 117–58, div. B, title II, § 22206(a), Nov. 15, 2021, 135 Stat. 700.)
heading: Editorial Notes
heading: References in Text
text: 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: Amendments
text: 2021—Subsec. (a). Pub. L. 117–58 struck out “Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,” before “Amtrak”.
heading: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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. § 24323 (TRANSPORTATION)
§ 24323. Prohibition on smoking on Amtrak trains
(a) Prohibition.—
Beginning on the date of enactment of this section, Amtrak shall prohibit smoking, including the use of electronic cigarettes, onboard all Amtrak trains.
(b) Electronic Cigarette Defined.—
In this section, the term “electronic cigarette” means a device that delivers nicotine or other substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.
(Added Pub. L. 117–58, div. B, title II, § 22209(a), Nov. 15, 2021, 135 Stat. 707.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (a), is the date of enactment of title II of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021.
49 U.S.C. § 24501...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: Statutory Notes and Related Subsidiaries
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.”
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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. § 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: Editorial Notes
heading: Prior Provisions
text: A prior section 26102 was renumbered section 28102 of this title.
49 U.S.C. § 26103 (TRANSPORTATION)
§ 26103. Safety regulations and evaluation
The Secretary—
(1) shall promulgate such safety regulations as may be necessary for high-speed rail services;
(2) shall, before promulgating such regulations, consult with developers of new high-speed rail technologies to develop a method for evaluating safety performance; and
(3) may solicit feedback from relevant safety experts or representatives of rail employees who perform work on similar technology or who may be expected to perform work on new technology, as appropriate.
(Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 117–58, div. B, title II, § 22419(a), Nov. 15, 2021, 135 Stat. 749.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 117–58 amended section generally. Prior to amendment, text read as follows: “The Secretary shall promulgate such safety regulations as may be necessary for high-speed rail services.”
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–440 renumbered section 26102 of this title as this section.