2012 US Code
Title 49 - Transportation
Subtitle V - RAIL PROGRAMS (§§ 20101 - 28505)
Part C - PASSENGER TRANSPORTATION (§§ 24101 - 24910)
Chapter 241 - GENERAL (§§ 24101 - 24105)
Section 24101 - Findings, mission, and goals
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 241 - GENERAL Sec. 24101 - Findings, mission, and goals |
Contains | section 24101 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 899; Pub. L. 105-134, title I, §105(b), title II, §201, Dec. 2, 1997, 111 Stat. 2573, 2578; Pub. L. 110-432, div. B, title II, §§201(e)(1), 218(a)(1), Oct. 16, 2008, 122 Stat. 4910, 4930. |
Statutes at Large References | 84 Stat. 1327, 1328, 1330 93 Stat. 537 95 Stat. 687, 688, 699 108 Stat. 899 111 Stat. 2573, 2571, 2578-2582, 2587 118 Stat. 303, 814, 3221 122 Stat. 4910, 4908, 4912-4917, 4930, 4932, 4951 |
Public Law References | Public Law 91-518, Public Law 96-73, Public Law 97-35, Public Law 103-272, Public Law 105-134, Public Law 108-199, Public Law 108-271, Public Law 108-447, Public Law 110-432 |
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(a)
(2) Rail passenger transportation can help alleviate overcrowding of airways and airports and on highways.
(3) A traveler in the United States should have the greatest possible choice of transportation most convenient to the needs of the traveler.
(4) A greater degree of cooperation is necessary among Amtrak, other rail carriers, State, regional, and local governments, the private sector, labor organizations, and suppliers of services and equipment to Amtrak to achieve a performance level sufficient to justify expending public money.
(5) Modern and efficient commuter rail passenger transportation is important to the viability and well-being of major urban areas and to the energy conservation and self-sufficiency goals of the United States.
(6) As a rail passenger transportation entity, Amtrak should be available to operate commuter rail passenger transportation through its subsidiary, Amtrak Commuter, under contract with commuter authorities that do not provide the transportation themselves as part of the governmental function of the State.
(7) The Northeast Corridor is a valuable resource of the United States used by intercity and commuter rail passenger transportation and freight transportation.
(8) Greater coordination between intercity and commuter rail passenger transportation is required.
(b)
(c)
(1) use its best business judgment in acting to minimize United States Government subsidies, including—
(A) increasing fares;
(B) increasing revenue from the transportation of mail and express;
(C) reducing losses on food service;
(D) improving its contracts with operating rail carriers;
(E) reducing management costs; and
(F) increasing employee productivity;
(2) minimize Government subsidies by encouraging State, regional, and local governments and the private sector, separately or in combination, to share the cost of providing rail passenger transportation, including the cost of operating facilities;
(3) carry out strategies to achieve immediately maximum productivity and efficiency consistent with safe and efficient transportation;
(4) operate Amtrak trains, to the maximum extent feasible, to all station stops within 15 minutes of the time established in public timetables;
(5) develop transportation on rail corridors subsidized by States and private parties;
(6) implement schedules based on a systemwide average speed of at least 60 miles an hour that can be achieved with a degree of reliability and passenger comfort;
(7) encourage rail carriers to assist in improving intercity rail passenger transportation;
(8) improve generally the performance of Amtrak through comprehensive and systematic operational programs and employee incentives;
(9) provide additional or complementary intercity transportation service to ensure mobility in times of national disaster or other instances where other travel options are not adequately available;
(10) carry out policies that ensure equitable access to the Northeast Corridor by intercity and commuter rail passenger transportation;
(11) coordinate the uses of the Northeast Corridor, particularly intercity and commuter rail passenger transportation; and
(12) maximize the use of its resources, including the most cost-effective use of employees, facilities, and real property.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 899; Pub. L. 105–134, title I, §105(b), title II, §201, Dec. 2, 1997, 111 Stat. 2573, 2578; Pub. L. 110–432, div. B, title II, §§201(e)(1), 218(a)(1), Oct. 16, 2008, 122 Stat. 4910, 4930.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
24101(a) | 45:501. | Oct. 30, 1970, Pub. L. 91–518, §101, 84 Stat. 1328; Sept. 29, 1979, Pub. L. 96–73, §102, 93 Stat. 537; restated Aug. 13, 1981, Pub. L. 97–35, §1171, 95 Stat. 687. |
24101(b) | 45:541 (2d sentence words after 1st comma). | Oct. 30, 1970, Pub. L. 91–518, §301 (2d sentence words after 1st comma), 84 Stat. 1330; Aug. 13, 1981, Pub. L. 97–35, §1188(a), 95 Stat. 699. |
24101(c) | 45:501a (less (14) (last sentence)). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §102; added Sept. 29, 1979, Pub. L. 96–73, §103(a), 93 Stat. 537; Aug. 13, 1981, Pub. L. 97–35, §1172, 95 Stat. 688. |
24101(d) | 45:501a(14) (last sentence). |
In this part, the word “Amtrak” is substituted for “National Railroad Passenger Corporation”, and the words “Amtrak Commuter” are substituted for “Amtrak Commuter Services Corporation”, to reflect the more current and commonly used names of the entities. The words “rail transportation” are substituted for “rail service” and “rail services”, the word “transportation” is substituted for “service” where appropriate, and the word “authority” is substituted for “agency”, as being more appropriate and for consistency in the revised title and with other titles of the United States Code. The words “rail carrier” are substituted for “railroad” because of the definitions of “rail carrier” and “railroad” in 49:10102.
In subsection (a), the words “The Congress finds that the” and “The Congress further finds that” are omitted as surplus.
In subsection (a)(3), the words “greatest possible choice of” are substituted for “to the maximum extent feasible . . . the freedom to choose the mode of” to eliminate unnecessary words.
In subsection (c), before clause (1), the words “Amtrak shall” are substituted for “The Congress hereby establishes the following goals for Amtrak” to eliminate unnecessary words. The text of 45:501a(3) and (4) is omitted as executed. The text of 45:501a(9) is omitted as obsolete because there no longer are any technical assistance panels. In clause (2), the words “stations and other” are omitted as surplus. In clause (4), the words “for such operation” are omitted as surplus. In clause (10), the word “various” is omitted as surplus. In clause (11), the words “real property” are substituted for “real estate” for consistency in the revised title and with other titles of the Code.
References in TextSection 204 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (d), is section 204 of Pub. L. 110–432, which is set out in a note below.
Amendments2008—Pub. L. 110–432, §201(e)(1)(A), substituted “mission” for “purpose” in section catchline.
Subsec. (b). Pub. L. 110–432, §201(e)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “By using innovative operating and marketing concepts, Amtrak shall provide intercity and commuter rail passenger transportation that completely develops the potential of modern rail transportation to meet the intercity and commuter passenger transportation needs of the United States.”
Subsec. (c)(9) to (12). Pub. L. 110–432, §201(e)(1)(C), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.
Subsec. (d). Pub. L. 110–432, §218(a)(1)(B), substituted “Amtrak and its Board of Directors shall adopt a long-term plan that minimizes the need for Federal operating subsidies.” for “Commencing no later than the fiscal year following the fifth anniversary of the Amtrak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.”
Pub. L. 110–432, §218(a)(1)(A), which directed substitution of “plan, consistent with section 204 of the Passenger Rail Investment and Improvement Act of 2008, including the budgetary goals for fiscal years 2009 through 2013.” for “plan to operate within the funding levels authorized by section 24104 of this chapter, including the budgetary goals for fiscal years 1998 through 2002.” was executed by making the substitution for “plan to operate within the funding levels authorized by section 24104 of this chapter, including budgetary goals for fiscal years 1998 through 2002.” to reflect the probable intent of Congress.
Pub. L. 110–432, §201(e)(1)(D), substituted “subsection (c)(12)” for “subsection (c)(11)”.
1997—Subsec. (c)(2). Pub. L. 105–134, §105(b), inserted “, separately or in combination,” after “and the private sector”.
Subsec. (d). Pub. L. 105–134, §201, inserted at end “Amtrak shall prepare a financial plan to operate within the funding levels authorized by section 24104 of this chapter, including budgetary goals for fiscal years 1998 through 2002. Commencing no later than the fiscal year following the fifth anniversary of the Amtrak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.”
Amtrak To Continue To Provide Non-High-Speed ServicesPub. L. 110–432, div. B, title II, §201(c), Oct. 16, 2008, 122 Stat. 4910, provided that: “Nothing in this division [see Short Title of 2008 Amendment note set out under section 20101 of this title] is intended to preclude Amtrak from restoring, improving, or developing non-high-speed intercity passenger rail service.”
Amtrak Reform and Operational ImprovementsPub. L. 110–432, div. B, title II, §§203–209, Oct. 16, 2008, 122 Stat. 4912–4917, provided that:
“SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING SYSTEM.“(a)
“(1) may employ an independent financial consultant with experience in railroad accounting to assist Amtrak in improving Amtrak's financial accounting and reporting system and practices;
“(2) shall implement a modern financial accounting and reporting system not later than 3 years after the date of enactment of this Act [Oct. 16, 2008]; and
“(3) shall, not later than 90 days after the end of each fiscal year through fiscal year 2013—
“(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a comprehensive report that allocates all of Amtrak's revenues and costs to each of its routes, each of its lines of business, and each major activity within each route and line of business activity, including—
“(i) train operations;
“(ii) equipment maintenance;
“(iii) food service;
“(iv) sleeping cars;
“(v) ticketing;
“(vi) reservations; and
“(vii) unallocated fixed overhead costs;
“(B) include the report described in subparagraph (A) in Amtrak's annual report; and
“(C) post such report on Amtrak's website.
“(b)
“(c)
“(a)
“(1) the first day of each fiscal year beginning after the date of enactment of this Act [Oct. 16, 2008]; or
“(2) the date that is 60 days after the date of enactment of an appropriations Act for the fiscal year, if later.
“(b)
“(1) all projected revenues and expenditures for Amtrak, including governmental funding sources;
“(2) projected ridership levels for all Amtrak passenger operations;
“(3) revenue and expenditure forecasts for non-passenger operations;
“(4) capital funding requirements and expenditures necessary to maintain passenger service in order to accommodate predicted ridership levels and predicted sources of capital funding;
“(5) operational funding needs, if any, to maintain current and projected levels of passenger service, including State-supported routes and predicted funding sources;
“(6) projected capital and operating requirements, ridership, and revenue for any new passenger service operations or service expansions;
“(7) an assessment of the continuing financial stability of Amtrak, as indicated by factors such as anticipated Federal funding of capital and operating costs, Amtrak's ability to efficiently recruit, retain, and manage its workforce, and Amtrak's ability to effectively provide passenger rail service;
“(8) estimates of long-term and short-term debt and associated principal and interest payments (both current and anticipated);
“(9) annual cash flow forecasts;
“(10) a statement describing methods of estimation and significant assumptions;
“(11) specific measures that demonstrate measurable improvement year over year in the financial results of Amtrak's operations;
“(12) prior fiscal year and projected operating ratio, cash operating loss, and cash operating loss per passenger on a route, business line, and corporate basis;
“(13) prior fiscal year and projected specific costs and savings estimates resulting from reform initiatives;
“(14) prior fiscal year and projected labor productivity statistics on a route, business line, and corporate basis;
“(15) prior fiscal year and projected equipment reliability statistics; and
“(16) capital and operating expenditures for anticipated security needs.
“(c)
“(1) apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices;
“(2) use the categories specified in the financial accounting and reporting system developed under section 203 when preparing its 5-year financial plan; and
“(3) ensure that the plan is consistent with the authorizations of appropriations under title I of this division [122 Stat. 4908].
“(d)
“(a)
“(b)
“(c)
“(1) shall take into consideration repayment costs, the term of any loan or loans, and market conditions; and
“(2) shall ensure that the restructuring results in significant savings to Amtrak and the United States Government.
“(d)
“(e)
“(1)
“(2)
“(f)
“(1) modify the extent or nature of any indebtedness of Amtrak to the United States in existence as of the date of enactment of this Act [Oct. 16, 2008];
“(2) change the private nature of Amtrak's or its successors’ liabilities; or
“(3) imply any Federal guarantee or commitment to amortize Amtrak's outstanding indebtedness.
“(g)
“(h)
“(1) describing in detail any agreements to restructure the Amtrak debt; and
“(2) providing an estimate of the savings to Amtrak and the United States Government.
“SEC. 206. ESTABLISHMENT OF GRANT PROCESS.“(a)
“(b)
“(1) The Amtrak Operating account.
“(2) The Amtrak General Capital account.
Amtrak may not transfer such funds to another account or expend such funds for any purpose other than the purposes covered by the account in which the funds are deposited without approval by the Secretary [of Transportation].
“(c)
“(1) 30-
“(2) 15-
“(3)
“(a)
“(b)
“(c)
“(d)
“(a)
“(1) the current or expected performance and service quality of intercity passenger train operations, including cost recovery, on-time performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services;
“(2) connectivity of a route with other routes;
“(3) the transportation needs of communities and populations that are not well served by intercity passenger rail service or by other forms of intercity transportation;
“(4) Amtrak's and other major intercity passenger rail service providers in other countries’ methodologies for determining intercity passenger rail routes and services; and
“(5) the views of the States and other interested parties.
“(b)
“(c)
“(a)
“(1) ensures, within 5 years after the date of enactment of this Act, equal treatment in the provision of like services of all States and groups of States (including the District of Columbia); and
“(2) allocates 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)
“(c)
“(d)
Pub. L. 110–432, div. B, title II, §222, Oct. 16, 2008, 122 Stat. 4932, provided that:
“(a)
“(b)
Pub. L. 110–432, div. B, title III, §305, Oct. 16, 2008, 122 Stat. 4951, provided that:
“(a)
“(b)
“(1) determine the number of different types of equipment required, taking into account variations in operational needs and corridor infrastructure;
“(2) establish a pool of equipment to be used on corridor routes funded by participating States; and
“(3) subject to agreements between Amtrak and States, utilize services provided by Amtrak to design, maintain and remanufacture equipment.
“(c)
“(d)
“(e)
Pub. L. 108–447, div. H, title I, §150, Dec. 8, 2004, 118 Stat. 3221, which provided that for the purpose of assisting State-supported intercity rail service, in order to demonstrate whether competition would provide higher quality rail passenger service at reasonable prices, the Secretary of Transportation, working with affected States, was to develop and implement a procedure for fair competitive bidding by Amtrak and non-Amtrak operators for State-supported routes, was from the Consolidated Appropriations Act, 2005, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–199, div. F, title I, §151, Jan. 23, 2004, 118 Stat. 303.
Amtrak FindingsPub. L. 105–134, §2, Dec. 2, 1997, 111 Stat. 2571, provided that: “The Congress finds that—
“(1) intercity rail passenger service is an essential component of a national intermodal passenger transportation system;
“(2) Amtrak is facing a financial crisis, with growing and substantial debt obligations severely limiting its ability to cover operating costs and jeopardizing its long-term viability;
“(3) immediate action is required to improve Amtrak's financial condition if Amtrak is to survive;
“(4) all of Amtrak's stakeholders, including labor, management, and the Federal Government, must participate in efforts to reduce Amtrak's costs and increase its revenues;
“(5) additional flexibility is needed to allow Amtrak to operate in a businesslike manner in order to manage costs and maximize revenues;
“(6) Amtrak should ensure that new management flexibility produces cost savings without compromising safety;
“(7) Amtrak's management should be held accountable to ensure that all investment by the Federal Government and State governments is used effectively to improve the quality of service and the long-term financial health of Amtrak;
“(8) Amtrak and its employees should proceed quickly with proposals to modify collective bargaining agreements to make more efficient use of manpower and to realize cost savings which are necessary to reduce Federal financial assistance;
“(9) Amtrak and intercity bus service providers should work cooperatively and develop coordinated intermodal relationships promoting seamless transportation services which enhance travel options and increase operating efficiencies;
“(10) Amtrak's Strategic Business Plan calls for the establishment of a dedicated source of capital funding for Amtrak in order to ensure that Amtrak will be able to fulfill the goals of maintaining—
“(A) a national passenger rail system; and
“(B) that system without Federal operating assistance; and
“(11) Federal financial assistance to cover operating losses incurred by Amtrak should be eliminated by the year 2002.”
Fiscal AccountabilityPub. L. 105–134, title II, §§202–205, Dec. 2, 1997, 111 Stat. 2578–2582, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–432, div. B, title II, §218(a)(2), Oct. 16, 2008, 122 Stat. 4930, provided that:
“SEC. 202. INDEPENDENT ASSESSMENT.“(a)
“(b)
“(c)
“(1) cost allocation process and procedures;
“(2) expenses related to intercity rail passenger service, commuter service, and any other service Amtrak provides;
“(3) Strategic Business Plan, including Amtrak's projected expenses, capital needs, ridership, and revenue forecasts; and
“(4) assets and liabilities.
For purposes of paragraph (3), in the capital needs part of its Strategic Business Plan Amtrak shall distinguish between that portion of the capital required for the Northeast Corridor and that required outside the Northeast Corridor, and shall include rolling stock requirements, including capital leases, ‘state of good repair’ requirements, and infrastructure improvements.
“(d)
“(1)
“(2)
“(e)
“(a)
“(b)
“(1)
“(A) The Secretary of Transportation.
“(B) Two individuals appointed by the President, of which—
“(i) one shall be a representative of a rail labor organization; and
“(ii) one shall be a representative of rail management.
“(C) Three individuals appointed by the Majority Leader of the United States Senate.
“(D) One individual appointed by the Minority Leader of the United States Senate.
“(E) Three individuals appointed by the Speaker of the United States House of Representatives.
“(F) One individual appointed by the Minority Leader of the United States House of Representatives.
“(2)
“(A)
“(B)
“(i) may not be employees of the United States;
“(ii) may not be board members or employees of Amtrak;
“(iii) may not be representatives of rail labor organizations or rail management; and
“(iv) shall have technical qualifications, professional standing, and demonstrated expertise in the field of corporate management, finance, rail or other transportation operations, labor, economics, or the law, or other areas of expertise relevant to the Council.
“(3)
“(4)
“(A) the date on which all members of the Council have been appointed under paragraph (2)(A); or
“(B) 45 days after the date of enactment of this Act.
“(5)
“(c)
“(d)
“(e)
“(f)
“(g)
“(1)
“(A) evaluate Amtrak's performance; and
“(B) make recommendations to Amtrak for achieving further cost containment and productivity improvements, and financial reforms.
“(2)
“(A) Amtrak's operation as a national passenger rail system which provides access to all regions of the country and ties together existing and emerging rail passenger corridors;
“(B) appropriate methods for adoption of uniform cost and accounting procedures throughout the Amtrak system, based on generally accepted accounting principles; and
“(C) management efficiencies and revenue enhancements, including savings achieved through labor and contracting negotiations.
“(3)
“(A) the savings realized as a result of the agreement; and
“(B) how the savings are allocated.
“(h)
“(1) Amtrak's progress on the resolution of productivity issues; or
“(2) the status of those productivity issues,
and makes recommendations for improvements and for any changes in law it believes to be necessary or appropriate.
“(i)
Pub. L. 105–134, title IV, §410, Dec. 2, 1997, 111 Stat. 2587, provided that:
“(a)
“(1) retaining an existing service or commencing a new service;
“(2) assembling rights-of-way; and
“(3) performing capital improvements, including—
“(A) the construction and rehabilitation of maintenance facilities;
“(B) the purchase of locomotives; and
“(C) operational improvements, including communications, signals, and other systems.
“(b)
“(1) accept contributions from a unit of State or local government or a person;
“(2) use any Federal or State funds made available for intercity passenger rail service (except funds made available for Amtrak);
“(3) on such terms and conditions as the States consider advisable—
“(A) borrow money on a short-term basis and issue notes for the borrowing; and
“(B) issue bonds; and
“(4) obtain financing by other means permitted under Federal or State law.”
DefinitionPub. L. 110–432, div. B, §3, Oct. 16, 2008, 122 Stat. 4908, provided that: “In this division [see Short Title of 2008 Amendment note set out under section 20101 of this title], the term ‘Secretary’ means the Secretary of Transportation.”
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