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49 U.S.C. § 24101 — Findings, mission, and goals

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49 U.S.C. § 24101 — Findings, mission, and goals

Page 661 TITLE 49—TRANSPORTATION § 24101 § 22910. Interstate Rail Compacts Grant Program (a) GRANTS AUTHORIZED.—The Secretary of Transportation shall establish a competitive grant program to provide financial assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note) for— (1) costs of administration; (2) systems planning, including studying the impacts on freight rail operations and rider- ship; (3) promotion of intercity passenger rail op- eration; (4) preparation of applications for competi- tive Federal grant programs; and (5) operations coordination. (b) MAXIMUM AMOUNT.—The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year. (c) SELECTION CRITERIA.—In selecting a recipi- ent of a grant for an eligible project under this section, the Secretary shall consider— (1) the amount of funding received (including funding from a rail carrier (as defined in sec- tion 24102)) or other participation by State, local, and regional governments and the pri- vate sector; (2) the applicant’s work to foster economic development through rail service, particularly in rural communities; (3) whether the applicant seeks to restore service over routes formerly operated by Am- trak, including routes described in section 11304(a) of the Passenger Rail Reform and In- vestment Act of 2015 (title XI of division A of Public Law 114–94); (4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transpor- tation; (5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of

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Page 661 TITLE 49—TRANSPORTATION § 24101 § 22910. Interstate Rail Compacts Grant Program (a) GRANTS AUTHORIZED.—The Secretary of Transportation shall establish a competitive grant program to provide financial assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note) for— (1) costs of administration; (2) systems planning, including studying the impacts on freight rail operations and rider- ship; (3) promotion of intercity passenger rail op- eration; (4) preparation of applications for competi- tive Federal grant programs; and (5) operations coordination. (b) MAXIMUM AMOUNT.—The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year. (c) SELECTION CRITERIA.—In selecting a recipi- ent of a grant for an eligible project under this section, the Secretary shall consider— (1) the amount of funding received (including funding from a rail carrier (as defined in sec- tion 24102)) or other participation by State, local, and regional governments and the pri- vate sector; (2) the applicant’s work to foster economic development through rail service, particularly in rural communities; (3) whether the applicant seeks to restore service over routes formerly operated by Am- trak, including routes described in section 11304(a) of the Passenger Rail Reform and In- vestment Act of 2015 (title XI of division A of Public Law 114–94); (4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transpor- tation; (5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity pas- senger rail service; (6) whether the applicant has prepared re- gional rail or corridor service development plans and corresponding environmental anal- ysis; and (7) whether the applicant has engaged with appropriate government entities and transpor- tation providers to identify projects necessary to enhance multimodal connections or facili- tate service integration between rail service and other modes, including between intercity passenger rail service and intercity bus service or commercial air service. (d) NUMERICAL LIMITATION.—The Secretary may not award grants under this section for more than 10 interstate rail compacts in any fis- cal year. (e) OPERATOR LIMITATION.—The Secretary may only award grants under this section to appli- cants with eligible expenses related to intercity passenger rail service to be operated by Amtrak. (f) NON-FEDERAL MATCH.—The Secretary shall require each recipient of a grant under this sec- tion to provide a non-Federal match of not less than 50 percent of the eligible expenses of car- rying out the interstate rail compact under this section. (g) REPORT.—Not later than 3 years after the date of enactment of the Passenger Rail Expan- sion and Rail Safety Act of 2021, the Secretary, after consultation with grant recipients under this section, shall submit a report to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— (1) the implementation of this section; (2) the status of the planning efforts and co- ordination funded by grants awarded under this section; (3) the plans of grant recipients for contin- ued implementation of the interstate rail com- pacts; (4) the status of, and data regarding, any new, restored, or enhanced rail services initi- ated under the interstate rail compacts; and (5) any legislative recommendations. (Added Pub. L. 117–58, div. B, title II, § 22306(a), Nov. 15, 2021, 135 Stat. 723.) Editorial Notes REFERENCES IN TEXT Section 410 of the Amtrak Reform and Accountability Act of 1997, referred to in subsec. (a), is section 410 of title IV of Pub. L. 105–134, which is set out as a note under section 24101 of this title. Section 11304(a) of the Passenger Rail Reform and In- vestment Act of 2015, referred to in subsec. (c)(3), is sec- tion 11304(a) of title IX of div. A of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1655, which is not classified to the Code. The date of enactment of the Passenger Rail Expan- sion and Rail Safety Act of 2021, referred to in subsec. (g), is the date of enactment of title II of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021. PART C—PASSENGER TRANSPORTATION CHAPTER 241—GENERAL Sec. 24101. Findings, mission, and goals. 24102. Definitions. 24103. Enforcement. [24104, 20105. Repealed.] Editorial Notes AMENDMENTS 2015—Pub. L. 114–94, div. A, title XI, §§ 11202(c)(2), 11301(c)(2), Dec. 4, 2015, 129 Stat. 1630, 1648, struck out items 24104 ‘‘Authorization of appropriations’’ and 24105 ‘‘Congestion grants’’. 2008—Pub. L. 110–432, div. B, title II, § 201(e)(2), title III, § 302(b), Oct. 16, 2008, 122 Stat. 4911, 4947, substituted ‘‘Findings, mission, and goals’’ for ‘‘Findings, purpose, and goals’’ in item 24101 and added item 24105. § 24101. Findings, mission, and goals (a) FINDINGS.—(1) Public convenience and ne- cessity require that Amtrak, to the extent its budget allows, provide modern, cost-efficient, and energy-efficient intercity rail passenger transportation throughout the United States. (2) Rail passenger transportation can help al- leviate overcrowding of airways and airports and on highways. Page 662 TITLE 49—TRANSPORTATION § 24101 (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 nec- essary among Amtrak, other rail carriers, State, regional, and local governments, the private sec- tor, labor organizations, and suppliers of serv- ices and equipment in order to meet the inter- city passenger rail needs of the United States. (5) Modern and efficient intercity passenger and commuter rail passenger transportation is important to the viability and well-being of major urban and rural 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 com- muter 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 re- source 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 re- quired. (9) Long-distance routes are valuable re- sources of the United States that are used by rural and urban communities. (b) MISSION.—The mission of Amtrak is to pro- vide efficient and effective intercity passenger rail mobility consisting of high quality service that is trip-time competitive with other inter- city travel options and that is consistent with the goals set forth in subsection (c). (c) GOALS.—Amtrak shall— (1) use its best business judgment in acting to maximize the benefits of Federal invest- ments, including— (A) offering competitive fares; (B) increasing revenue from the transpor- tation of mail and express; (C) offering food service that meets the needs of its customers; (D) improving its contracts with rail car- riers over whose tracks Amtrak operates; (E) controlling or reducing management and operating costs; and (F) providing economic benefits to the communities it serves; (2) minimize Government subsidies by en- couraging State, regional, and local govern- ments 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 imme- diately maximum productivity and efficiency consistent with safe and efficient transpor- tation; (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 system- wide average speed of at least 60 miles an hour that can be achieved with a degree of reli- ability and passenger comfort; (7) encourage rail carriers to assist in im- proving intercity rail passenger transpor- tation; (8) improve generally the performance of Amtrak through comprehensive and system- atic operational programs and employee in- centives; (9) provide additional or complementary intercity transportation service to ensure mo- bility in times of national disaster or other in- stances 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; (12) maximize the use of its resources, in- cluding the most cost-effective use of employ- ees, facilities, and real property; and (13) support and maintain established long- distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural com- munities. (d) INCREASING REVENUES.—Amtrak is encour- aged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and de- signed to generate additional revenues to ad- vance the goals described in subsection (c). (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; Pub. L. 114–94, div. A, title XI, § 11316(l), Dec. 4, 2015, 129 Stat. 1678; Pub. L. 117–58, div. B, title II, § 22201, Nov. 15, 2021, 135 Stat. 696.) HISTORICAL AND REVISION NOTES 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 sen- tence). In this part, the word ‘‘Amtrak’’ is substituted for ‘‘National Railroad Passenger Corporation’’, and the words ‘‘Amtrak Commuter’’ are substituted for ‘‘Am- trak 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 ‘‘transpor- tation’’ 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 Page 663 TITLE 49—TRANSPORTATION § 24101 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 ‘‘Am- trak shall’’ are substituted for ‘‘The Congress hereby establishes the following goals for Amtrak’’ to elimi- nate 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 as- sistance 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. Editorial Notes AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 117–58, § 22201(a)(1), sub- stituted ‘‘throughout’’ for ‘‘between crowded urban areas and in other areas of’’. Subsec. (a)(4). Pub. L. 117–58, § 22201(a)(2), substituted ‘‘in order to meet the intercity passenger rail needs of the United States’’ for ‘‘to Amtrak to achieve a per- formance level sufficient to justify expending public money’’. Subsec. (a)(5). Pub. L. 117–58, § 22201(a)(3), inserted ‘‘intercity passenger and’’ before ‘‘commuter’’ and ‘‘and rural’’ after ‘‘major urban’’. Subsec. (a)(9). Pub. L. 117–58, § 22201(a)(4), added par. (9). Subsec. (c)(1). Pub. L. 117–58, § 22201(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘use its best business judgment in acting to minimize United States Government subsidies, includ- ing— ‘‘(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;’’. Subsec. (c)(13). Pub. L. 117–58, § 22201(b)(2)–(4), added par. (13). Subsec. (d). Pub. L. 117–58, § 22201(c), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘To carry out subsection (c)(12) of this section, Amtrak is encouraged to make agreements with the private sector and undertake initiatives that are consistent with good business judgment and designed to maximize its revenues and minimize Government subsidies. Am- trak shall prepare a financial plan, consistent with sec- tion 204 of the Passenger Rail Investment and Improve- ment Act of 2008, including the budgetary goals for fis- cal years 2009 through 2013. Amtrak and its Board of Di- rectors shall adopt a long-term plan that minimizes the need for Federal operating subsidies.’’ 2015—Subsec. (b). Pub. L. 114–94 substituted ‘‘set forth in subsection (c)’’ for ‘‘of subsection (d)’’. 2008—Pub. L. 110–432, § 201(e)(1)(A), substituted ‘‘mis- sion’’ for ‘‘purpose’’ in section catchline. Subsec. (b). Pub. L. 110–432, § 201(e)(1)(B), added sub- sec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘By using innovative operating and marketing concepts, Amtrak shall pro- vide intercity and commuter rail passenger transpor- tation that completely develops the potential of mod- ern rail transportation to meet the intercity and com- muter 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 oper- ating subsidies.’’ for ‘‘Commencing no later than the fiscal year following the fifth anniversary of the Am- trak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds ap- propriated for its benefit.’’ Pub. L. 110–432, § 218(a)(1)(A), which directed substi- tution of ‘‘plan, consistent with section 204 of the Pas- senger 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, in- cluding the budgetary goals for fiscal years 1998 through 2002.’’ was executed by making the substi- tution 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 pri- vate sector’’. Subsec. (d). Pub. L. 105–134, § 201, inserted at end ‘‘Amtrak shall prepare a financial plan to operate with- in 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT 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. AMTRAK TO CONTINUE TO PROVIDE NON-HIGH-SPEED SERVICES Pub. 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 Am- trak from restoring, improving, or developing non- high-speed intercity passenger rail service.’’ AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS Pub. L. 110–432, div. B, title II, §§ 203–209, Oct. 16, 2008, 122 Stat. 4912–4917, as amended by Pub. L. 114–94, div. A, title XI, §§ 11006(b)(2), 11202(c)(1), 11203(d), 11204(b)(2), 11206, 11214, Dec. 4, 2015, 129 Stat. 1624, 1630, 1634, 1637, 1644; Pub. L. 117–58, div. B, title I, § 21301(j)(4)(E), Nov. 15, 2021, 135 Stat. 693, provided that: ‘‘SEC. 203. ESTABLISHMENT OF IMPROVED FINAN- CIAL ACCOUNTING SYSTEM. ‘‘(a) IN GENERAL.—The Amtrak Board of Directors— ‘‘(1) may employ an independent financial consult- ant 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 Page 664 TITLE 49—TRANSPORTATION § 24101 and the Committee on Commerce, Science, and Transportation of the Senate a comprehensive re- port that allocates all of Amtrak’s revenues and costs to each of its routes, each of its lines of busi- ness, 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) VERIFICATION OF SYSTEM; REPORT.—The Inspec- tor General of the Department of Transportation shall review the accounting system designed and imple- mented under subsection (a) to ensure that it accom- plishes the purposes for which it is intended. The In- spector General shall report his or her findings and conclusions, together with any recommendations, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ‘‘(c) CATEGORIZATION OF REVENUES AND EXPENSES.—In carrying out subsection (a), the Amtrak Board of Direc- tors shall separately categorize assigned revenues and attributable expenses by type of service, including long-distance routes, State-sponsored routes, com- muter contract routes, and Northeast Corridor routes. ‘‘[SEC. 204. Repealed. Pub. L. 114–94, div. A, title XI, § 11203(d), Dec. 4, 2015, 129 Stat. 1634.] ‘‘SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES. ‘‘(a) IN GENERAL.—The Secretary of the Treasury, in consultation with the Secretary [of Transportation] and Amtrak, may make agreements to restructure Am- trak’s indebtedness, to the extent provided in advance in appropriations Acts. ‘‘(b) DEBT RESTRUCTURING.—To the extent amounts are provided in advance in appropriations Acts, the Secretary of the Treasury, in consultation with the Secretary and Amtrak, shall enter into negotiations with the holders of Amtrak debt, including leases, out- standing for the purpose of restructuring (including re- payment) and repaying that debt. The Secretary of the Treasury may secure agreements for restructuring or repayment on such terms as the Secretary of the Treas- ury deems favorable to the interests of the United States Government. ‘‘(c) CRITERIA.—In restructuring Amtrak’s indebted- ness, the Secretary of the Treasury and Amtrak— ‘‘(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) PAYMENT OF RENEGOTIATED DEBT.—If the criteria under subsection (c) are met, the Secretary of the Treasury may assume or repay the restructured debt, as appropriate, to the extent provided in advance in ap- propriations Acts. ‘‘(e) AMTRAK PRINCIPAL AND INTEREST PAYMENTS.— ‘‘(1) PRINCIPAL ON DEBT SERVICE.—Unless the Sec- retary of the Treasury makes sufficient payments to creditors under subsection (d) so that Amtrak is re- quired to make no payments to creditors in a fiscal year, the Secretary [of Transportation] shall use funds authorized for the use of Amtrak for retirement of principal or payment of interest on loans for cap- ital equipment, or capital leases. ‘‘(2) REDUCTIONS IN AUTHORIZATION LEVELS.—When- ever action taken by the Secretary of the Treasury under subsection (a) results in reductions in amounts of principal or interest that Amtrak must service on existing debt, the corresponding amounts authorized for Amtrak shall be reduced accordingly. ‘‘(f) LEGAL EFFECT OF PAYMENTS UNDER THIS SEC- TION.—The payment of principal and interest on se- cured debt, other than debt assumed under subsection (d), with the proceeds of grants under subsection (e) shall not— ‘‘(1) modify the extent or nature of any indebted- ness of Amtrak to the United States in existence; ‘‘(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) SECRETARY APPROVAL.—Amtrak may not incur more debt after the date of enactment of this Act with- out the express advance approval of the Secretary [of Transportation], unless that debt receives credit assist- ance, including direct loans and loan guarantees, under chapter 6 of title 23, United States Code or chapter 224 of title 49, United States Code. ‘‘[SEC. 206. Repealed. Pub. L. 114–94, div. A, title XI, § 11202(c)(1), Dec. 4, 2015, 129 Stat. 1630.] ‘‘SEC. 207. METRICS AND STANDARDS. ‘‘(a) IN GENERAL.—Within 180 days after the date of enactment of this Act [Oct. 16, 2008], the Federal Rail- road Administration and Amtrak shall jointly, in con- sultation with the Surface Transportation Board, rail carriers over whose rail lines Amtrak trains operate, States, Amtrak employees, nonprofit employee organi- zations representing Amtrak employees, and groups representing Amtrak passengers, as appropriate, de- velop new or improve existing metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations, includ- ing cost recovery, on-time performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services. Such metrics, at a min- imum, shall include the percentage of avoidable and fully allocated operating costs covered by passenger revenues on each route, ridership per train mile oper- ated, measures of on-time performance and delays in- curred by intercity passenger trains on the rail lines of each rail carrier and, for long-distance routes, meas- ures of connectivity with other routes in all regions currently receiving Amtrak service and the transpor- tation needs of communities and populations that are not well-served by other forms of intercity transpor- tation. Amtrak shall provide reasonable access to the Federal Railroad Administration in order to enable the Administration to carry out its duty under this sec- tion. ‘‘(b) QUARTERLY REPORTS.—The Administrator of the Federal Railroad Administration shall collect the nec- essary data and publish a quarterly report on the per- formance and service quality of intercity passenger train operations, including Amtrak’s cost recovery, rid- ership, on-time performance and minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services. ‘‘(c) CONTRACTS WITH HOST RAIL CARRIERS.—To the extent practicable, Amtrak and its host rail carriers shall incorporate the metrics and standards developed under subsection (a) into their access and service agreements. ‘‘(d) ARBITRATION.—If the development of the metrics and standards is not completed within the 180-day pe- riod required by subsection (a), any party involved in the development of those standards may petition the Surface Transportation Board to appoint an arbitrator to assist the parties in resolving their disputes through binding arbitration. ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS. ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 [Dec. 4, 2015], Am- trak shall obtain the services of an independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity rail pas- senger transportation routes and services it should pro- Page 665 TITLE 49—TRANSPORTATION § 24101 vide, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes. ‘‘(b) CONSIDERATIONS.—Amtrak shall require the inde- pendent entity, in developing the methodologies de- scribed in subsection (a), to consider— ‘‘(1) the current and expected performance and serv- ice quality of intercity rail passenger transportation operations, including cost recovery, on-time perform- ance, ridership, on-board services, stations, facilities, equipment, and other services; ‘‘(2) the connectivity of a route with other routes; ‘‘(3) the transportation needs of communities and populations that are not well served by intercity rail passenger transportation service or by other forms of intercity transportation; ‘‘(4) the methodologies of Amtrak and major inter- city rail passenger transportation service providers in other countries for determining intercity pas- senger rail routes and services; ‘‘(5) the financial and operational effects on the overall network, including the effects on direct and indirect costs; ‘‘(6) the views of States, rail carriers that own in- frastructure over which Amtrak operates, Interstate Compacts established by Congress and States, Am- trak employee representatives, stakeholder organiza- tions, and other interested parties; and ‘‘(7) the funding levels that will be available under authorization levels that have been enacted into law. ‘‘(c) RECOMMENDATIONS.—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 [Dec. 4, 2015], Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives the recommendations developed by the independent entity under subsection (a). ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not later than 90 days after the date on which the recommenda- tions are transmitted under subsection (c), the Amtrak Board of Directors shall consider the adoption of each recommendation and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report explain- ing the reasons for adopting or not adopting each rec- ommendation. ‘‘SEC. 209. STATE-SUPPORTED ROUTES. ‘‘(a) IN GENERAL.—Within 2 years after the date of en- actment of this Act [Oct. 16, 2008], the Amtrak Board of Directors, in consultation with the Secretary [of Trans- portation], the governors of each relevant State, and the Mayor of the District of Columbia, or entities rep- resenting those officials, shall develop and implement a single, nationwide standardized methodology for estab- lishing and allocating the operating and capital costs among the States and Amtrak associated with trains operated on each of the routes described in section 24102(7)(B) and (D) [49 U.S.C. 24102(7)(B), (D)] and sec- tion 24702 [49 U.S.C. 24702] that— ‘‘(1) ensures, within 5 years after the date of enact- ment of this Act, equal treatment in the provision of like services of all States and groups of States (in- cluding 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 rel- ative use, of costs incurred for the common benefit of more than 1 route. ‘‘(b) REVIEW.—If Amtrak and the States (including the District of Columbia) in which Amtrak operates such routes do not voluntarily adopt and implement the methodology developed under subsection (a) in allo- cating costs and determining compensation for the pro- vision of service in accordance with the date estab- lished therein, the Surface Transportation Board shall determine the appropriate methodology required under subsection (a) for such services in accordance with the procedures and procedural schedule applicable to a pro- ceeding under section 24904(c) [now 24903(c)] of title 49, United States Code, and require the full implementa- tion of this methodology with regards to the provision of such service within 1 year after the Board’s deter- mination of the appropriate methodology. ‘‘(c) USE OF CHAPTER 244 FUNDS.—Funds provided to a State under chapter 244 [now 229] of title 49, United States Code, may be used, as provided in that chapter, to pay capital costs determined in accordance with this section.’’ ON-BOARD SERVICE IMPROVEMENTS Pub. L. 110–432, div. B, title II, § 222, Oct. 16, 2008, 122 Stat. 4932, provided that: ‘‘(a) IN GENERAL.—Within 1 year after metrics and standards are established under section 207 of this divi- sion [set out above], Amtrak shall develop and imple- ment a plan to improve on-board service pursuant to the metrics and standards for such service developed under that section. ‘‘(b) REPORT.—Amtrak shall provide a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Senate on the on-board service improvements proscribed in the plan and the timeline for implementing such improve- ments.’’ NEXT GENERATION CORRIDOR TRAIN EQUIPMENT Pub. L. 110–432, div. B, title III, § 305, Oct. 16, 2008, 122 Stat. 4951, as amended by Pub. L. 114–94, div. A, title XI, § 11315(b), Dec. 4, 2015, 129 Stat. 1675, provided that: ‘‘(a) IN GENERAL.—Within 180 days after the date of enactment of this Act [Oct. 16, 2008], Amtrak shall es- tablish a Next Generation Corridor Equipment Pool Committee, comprised of representatives of Amtrak, the Federal Railroad Administration, host freight rail- road companies, passenger railroad equipment manu- facturers, nonprofit organizations representing employ- ees who perform overhaul and maintenance of pas- senger railroad equipment, interested States, and, as appropriate, other passenger railroad operators. The purpose of the Committee shall be to design, develop specifications for, and procure standardized next-gen- eration corridor equipment. ‘‘(b) FUNCTIONS.—The Committee may— ‘‘(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 cor- ridor 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) COOPERATIVE AGREEMENTS.—Amtrak and States participating in the Committee may enter into agree- ments for the funding, procurement, remanufacture, ownership, and management of corridor equipment, in- cluding equipment currently owned or leased by Am- trak and next-generation corridor equipment acquired as a result of the Committee’s actions. ‘‘(d) FUNDING.—In addition to the authorizations pro- vided in this section, capital projects to carry out the purposes of this section shall be eligible for grants made pursuant to chapter 244 [now 229] of title 49, United States Code. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary [of Transportation] $5,000,000 for fiscal year 2010, to remain available until expended, for grants to Amtrak and States participating in the Next Generation Corridor Train Equipment Pool Committee established under this section for the purpose of designing, developing specifications for, and initiating the procurement of an initial order of 1 or more types of standardized next- generation corridor train equipment.’’ FAIR COMPETITIVE BIDDING FOR STATE-SUPPORTED INTERCITY RAIL SERVICE Pub. L. 108–447, div. H, title I, § 150, Dec. 8, 2004, 118 Stat. 3221, which provided that for the purpose of as- Page 666 TITLE 49—TRANSPORTATION § 24101 sisting 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 proce- dure 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 FINDINGS Pub. 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 trans- portation system; ‘‘(2) Amtrak is facing a financial crisis, with grow- ing 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 Am- trak’s financial condition if Amtrak is to survive; ‘‘(4) all of Amtrak’s stakeholders, including labor, management, and the Federal Government, must par- ticipate in efforts to reduce Amtrak’s costs and in- crease its revenues; ‘‘(5) additional flexibility is needed to allow Am- trak 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 compro- mising safety; ‘‘(7) Amtrak’s management should be held account- able to ensure that all investment by the Federal Government and State governments is used effec- tively 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 bar- gaining agreements to make more efficient use of manpower and to realize cost savings which are nec- essary to reduce Federal financial assistance; ‘‘(9) Amtrak and intercity bus service providers should work cooperatively and develop coordinated intermodal relationships promoting seamless trans- portation 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 fund- ing 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 as- sistance; and ‘‘(11) Federal financial assistance to cover oper- ating losses incurred by Amtrak should be eliminated by the year 2002.’’ FISCAL ACCOUNTABILITY Pub. 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) INITIATION.—Not later than 15 days after the date of enactment of this Act [Dec. 2, 1997], the Secretary of Transportation shall contract with an entity inde- pendent of Amtrak and not in any contractual relation- ship with Amtrak, and independent of the Department of Transportation, to conduct a complete independent assessment of the financial requirements of Amtrak through fiscal year 2002. The entity shall have dem- onstrated knowledge about railroad industry account- ing requirements, including the uniqueness of the in- dustry and of Surface Transportation Board accounting requirements. The Department of Transportation, Of- fice of Inspector General, shall approve the entity’s statement of work and the award and shall oversee the contract. In carrying out its responsibilities under the preceding sentence, the Inspector General’s Office shall perform such overview and validation or verification of data as may be necessary to assure that the assessment conducted under this subsection meets the require- ments of this section. ‘‘(b) ASSESSMENT CRITERIA.—The Secretary and Am- trak shall provide to the independent entity estimates of the financial requirements of Amtrak for the period described in subsection (a), using as a base the fiscal year 1997 appropriation levels established by the Con- gress. The independent assessment shall be based on an objective analysis of Amtrak’s funding needs. ‘‘(c) CERTAIN FACTORS TO BE TAKEN INTO ACCOUNT.— The independent assessment shall take into account all relevant factors, including Amtrak’s— ‘‘(1) cost allocation process and procedures; ‘‘(2) expenses related to intercity rail passenger service, commuter service, and any other service Am- trak provides; ‘‘(3) Strategic Business Plan, including Amtrak’s projected expenses, capital needs, ridership, and rev- enue 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 re- quirements, including capital leases, ‘state of good re- pair’ requirements, and infrastructure improvements. ‘‘(d) BIDDING PRACTICES.— ‘‘(1) STUDY.—The independent assessment also shall determine whether, and to what extent, Amtrak has performed each year during the period from 1992 through 1996 services under contract at amounts less than the cost to Amtrak of performing such services with respect to any activity other than the provision of intercity rail passenger transportation, or mail or express transportation. For purposes of this clause, the cost to Amtrak of performing services shall be de- termined using generally accepted accounting prin- ciples for contracting. If identified, such contracts shall be detailed in the report of the independent as- sessment, as well as the methodology for preparation of bids to reflect Amtrak’s actual cost of perform- ance. ‘‘(2) REFORM.—If the independent assessment per- formed under this subparagraph reveals that Amtrak has performed services under contract for an amount less than the cost to Amtrak of performing such serv- ices, with respect to any activity other than the pro- vision of intercity rail passenger transportation, or mail or express transportation, then Amtrak shall re- vise its methodology for preparation of bids to reflect its cost of performance. ‘‘(e) DEADLINE.—The independent assessment shall be completed not later than 180 days after the contract is awarded, and shall be submitted to the Council estab- lished under section 203, the Secretary of Transpor- tation, the Committee on Commerce, Science, and Transportation of the United States Senate, and the Committee on Transportation and Infrastructure of the United States House of Representatives. ‘‘SEC. 203. AMTRAK REFORM COUNCIL. ‘‘(a) ESTABLISHMENT.—There is established an inde- pendent commission to be known as the Amtrak Re- form Council. ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Council shall consist of 11 members, as follows: ‘‘(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 Page 667 TITLE 49—TRANSPORTATION § 24101 ‘‘(ii) one shall be a representative of rail man- agement. ‘‘(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 Representa- tives. ‘‘(2) APPOINTMENT CRITERIA.— ‘‘(A) TIME FOR INITIAL APPOINTMENTS.—Appoint- ments under paragraph (1) shall be made within 30 days after the date of enactment of this Act [Dec. 2, 1997]. ‘‘(B) EXPERTISE.—Individuals appointed under subparagraphs (C) through (F) of paragraph (1)— ‘‘(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, profes- sional standing, and demonstrated expertise in the field of corporate management, finance, rail or other transportation operations, labor, eco- nomics, or the law, or other areas of expertise rel- evant to the Council. ‘‘(3) TERM.—Members shall serve for terms of 5 years. If a vacancy occurs other than by the expira- tion of a term, the individual appointed to fill the va- cancy shall be appointed in the same manner as, and shall serve only for the unexpired portion of the term for which, that individual’s predecessor was ap- pointed. ‘‘(4) CHAIRMAN.—The Council shall elect a chairman from among its membership within 15 days after the earlier of— ‘‘(A) the date on which all members of the Coun- cil have been appointed under paragraph (2)(A); or ‘‘(B) 45 days after the date of enactment of this Act. ‘‘(5) MAJORITY REQUIRED FOR ACTION.—A majority of the members of the Council present and voting is re- quired for the Council to take action. No person shall be elected chairman of the Council who receives fewer than 5 votes. ‘‘(c) ADMINISTRATIVE SUPPORT.—The Secretary of Transportation shall provide such administrative sup- port to the Council as it needs in order to carry out its duties under this section. ‘‘(d) TRAVEL EXPENSES.—Each member of the Council shall serve without pay, but shall receive travel ex- penses, including per diem in lieu of subsistence, in ac- cordance with section[s] 5702 and 5703 of title 5, United States Code. ‘‘(e) MEETINGS.—Each meeting of the Council, other than a meeting at which proprietary information is to be discussed, shall be open to the public. ‘‘(f) ACCESS TO INFORMATION.—Amtrak shall make available to the Council all information the Council re- quires to carry out its duties under this section. The Council shall establish appropriate procedures to en- sure against the public disclosure of any information obtained under this subsection that is a trade secret or commercial or financial information that is privileged or confidential. ‘‘(g) DUTIES.— ‘‘(1) EVALUATION AND RECOMMENDATION.—The Coun- cil shall— ‘‘(A) evaluate Amtrak’s performance; and ‘‘(B) make recommendations to Amtrak for achieving further cost containment and produc- tivity improvements, and financial reforms. ‘‘(2) SPECIFIC CONSIDERATIONS.—In making its eval- uation and recommendations under paragraph (1), the Council shall consider all relevant performance fac- tors, including— ‘‘(A) Amtrak’s operation as a national passenger rail system which provides access to all regions of the country and ties together existing and emerg- ing rail passenger corridors; ‘‘(B) appropriate methods for adoption of uniform cost and accounting procedures throughout the Amtrak system, based on generally accepted ac- counting principles; and ‘‘(C) management efficiencies and revenue en- hancements, including savings achieved through labor and contracting negotiations. ‘‘(3) MONITOR WORK-RULE SAVINGS.—If, after Janu- ary 1, 1997, Amtrak enters into an agreement involv- ing work-rules intended to achieve savings with an organization representing Amtrak employees, then Amtrak shall report quarterly to the Council— ‘‘(A) the savings realized as a result of the agree- ment; and ‘‘(B) how the savings are allocated. ‘‘(h) ANNUAL REPORT.—Each year before the fifth an- niversary of the date of enactment of this Act [Dec. 2, 1997], the Council shall submit to the Congress a report that includes an assessment of— ‘‘(1) Amtrak’s progress on the resolution of produc- tivity 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 appro- priate. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Council such sums as may be necessary to enable the Council to carry out its duties. ‘‘[SECS. 204, 205. Repealed. Pub. L. 110–432, div. B, title II, § 218(a)(2), Oct. 16, 2008, 122 Stat. 4930.]’’ LIMITATION ON USE OF TAX REFUND 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.’’ INTERSTATE RAIL COMPACTS Pub. L. 105–134, title IV, § 410, Dec. 2, 1997, 111 Stat. 2587, as amended by Pub. L. 117–58, div. B, title II, § 22306(c), Nov. 15, 2021, 135 Stat. 724, provided that: ‘‘(a) CONSENT TO COMPACTS.—Congress grants consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate com- pacts to promote the provision of the service, includ- ing— ‘‘(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 main- tenance facilities; ‘‘(B) the purchase of locomotives; and ‘‘(C) operational improvements, including com- munications, signals, and other systems. ‘‘(b) FINANCING.—An interstate compact established by States under subsection (a) may provide that, in order to carry out the compact, the States may— ‘‘(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; ‘‘(3) on such terms and conditions as the States consider advisable— Page 668 TITLE 49—TRANSPORTATION § 24102 ‘‘(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. ‘‘(c) NOTIFICATION REQUIREMENT.—Any State that en- ters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact. ‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The Sec- retary of Transportation shall— ‘‘(1) make available on a publicly accessible website a list of interstate rail compacts established under subsection (a) before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 [Nov. 15, 2021] and interstate rail compacts estab- lished after such date; and ‘‘(2) make information regarding interstate rail compacts available to the public, including how States may establish interstate rail compacts under subsection (a), and update such information, as nec- essary.’’ DEFINITION Pub. 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.’’ § 24102. Definitions In this part— (1) ‘‘auto-ferry transportation’’ means inter- city rail passenger transportation— (A) of automobiles or recreational vehicles and their occupants; and (B) when space is available, of used unoc- cupied vehicles. (2) ‘‘commuter authority’’ means a State, local, or regional entity established to pro- vide, or make a contract providing for, com- muter rail passenger transportation. (3) ‘‘commuter rail passenger transpor- tation’’ means short-haul rail passenger trans- portation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations. (4) ‘‘intercity rail passenger transportation’’ means rail passenger transportation, except commuter rail passenger transportation. (5) ‘‘long-distance route’’ means a route de- scribed in subparagraph (C) of paragraph (7). (6) ‘‘National Network’’ includes long-dis- tance routes and State-supported routes. (7) ‘‘national rail passenger transportation system’’ means— (A) the segment of the continuous North- east Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia; (B) rail corridors that have been des- ignated by the Secretary of Transportation as high-speed rail corridors (other than cor- ridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established; (C) long-distance routes of more than 750 miles between endpoints operated by Am- trak as of the date of enactment of the Pas- senger Rail Investment and Improvement Act of 2008; and (D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by— (i) Amtrak; or (ii) another rail carrier that receives funds under chapter 229. (8) ‘‘Northeast Corridor’’ means Connecticut, Delaware, the District of Columbia, Maryland, Massachusetts, New Jersey, New York, Penn- sylvania, and Rhode Island. (9) ‘‘rail carrier’’ means a person, including a unit of State or local government, providing rail transportation for compensation. (10) ‘‘rate’’ means a rate, fare, or charge for rail transportation. (11) ‘‘regional transportation authority’’ means an entity established to provide pas- senger transportation in a region. (12) ‘‘state-of-good-repair’’ means a condi- tion in which physical assets, both individ- ually and as a system, are— (A) performing at a level at least equal to that called for in their as-built or as-modi- fied design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them; and (B) sustained through regular maintenance and replacement programs. (13) ‘‘State-supported route’’ means a route described in subparagraph (B) or (D) of para- graph (7), or in section 24702, that is operated by Amtrak, excluding those trains operated by Amtrak on the routes described in paragraph (7)(A). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 900; Pub. L. 105–134, title IV, § 407, Dec. 2, 1997, 111 Stat. 2586; Pub. L. 110–432, div. B, title II, § 201(a), Oct. 16, 2008, 122 Stat. 4909; Pub. L. 114–94, div. A, title XI, § 11006(a), Dec. 4, 2015, 129 Stat. 1624; Pub. L. 115–420, § 7(b)(3)(A)(i)(I), Jan. 3, 2019, 132 Stat. 5446.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24102(1) ...... 45:502(1). Oct. 30, 1970, Pub. L. 91–518, § 103(1), 84 Stat. 1328; re- stated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538. 45:502(2). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 103(2); added Aug. 13, 1981, Pub. L. 97–35, § 1173(2), 95 Stat. 689. 45:502(3). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 103(3); added Nov. 3, 1973, Pub. L. 93–146, § 2(2), 87 Stat. 548; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538; Aug. 13, 1981, Pub. L. 97–35, § 1173(1), 95 Stat. 689; Apr. 7, 1986, Pub. L. 99–272, § 4012, 100 Stat. 109. 45:502(6), (7), (10), (12), (14), (18). Oct. 30, 1970, Pub. L. 91–518, § 103(4)–(7), (10), (12), (14)–(18), 84 Stat. 1328; re- stated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538, 539; Aug. 13, 1981, Pub. L. 97–35, § 1173(1), 95 Stat. 689; Oct. 27, 1992, Pub. L. 102–533, § 8(1), 106 Stat. 3519. 24102(2) ...... 45:502(4). 24102(3) ...... 45:502(5).

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 172 — Net operating loss deduction

**(a) Deduction allowed** There shall be allowed as a deduction for the taxable year an amount equal to— (1) in the case of a taxable year beginning before January 1, 2021, the aggregate of the net operating loss carryovers to such year, plus the net operating loss carrybacks to such year, and (2) in the case of a taxable year beginning after December 31, 2020, the sum of— (A) the aggregate amount of net operating losses arising in taxable years beginning before January 1, 2018, carried to such taxable year, plus (B) the lesser of— (i) the aggregate amount of net operating losses arising in taxable years beginning after December 31, 2017, carried to such taxable year, or (ii) 80 percent of the excess (if any) of— (I) taxable income computed without regard to the deductions under this section and sections 199A and 250, over (II) the amount determined under subparagraph (A). For purposes of this subtitle, the term “net operating loss deduction” means the deduction allowed by this subsection. **(b) Net operating loss carrybacks and carryovers** (1) **Years to which loss may be carried** (A) *General rule* — A net operating loss for any taxable year— (i) shall be a net operating loss carryback to the extent provided in subparagraphs (B), (C)(i), and (D), and (ii) except as provided in subparagraph (C)(ii), shall be a net operating loss carryover— (I) in the case of a net operating loss arising in a taxable year beginning before January 1, 2018, to each of the 20 taxable years following the taxable year of the loss, and (II) in the case of a net operating loss arising in a taxable year beginning after December 31, 2017, to each taxable year following the taxable year of the loss. (B) *Farming losses* (i) *I

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 172

Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 172. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 172 — Net operating loss deduction

Page 876 TITLE 26—INTERNAL REVENUE CODE § 172 Treasury or his delegate) to have such election apply with respect to such obligations.’’ Pub. L. 99–514, title XVIII, § 1803(a)(12)(B), Oct. 22, 1986, 100 Stat. 2796, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall apply to exchanges after May 6, 1986.’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 1901(b)(1)(E)(iii)–(v) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title. Amendment by section 1951(b)(5)(A)(i) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1951(d) of Pub. L. 94–455, set out as a note under section 72 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–866, title I, § 13(b), Sept. 2, 1958, 72 Stat. 1611, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to taxable years ending after December 31, 1957.’’ SAVINGS PROVISION Pub. L. 94–455, title XIX, § 1951(b)(5)(B), Oct. 4, 1976, 90 Stat. 1838, provided that: ‘‘Notwithstanding the amend- ments made by subparagraph (A) [amending this sec- tion], in the case of a bond the interest on which is not excludable from gross income— ‘‘(i) which was issued after January 22, 1951, with a call date not more than 3 years after the date of such issue, and ‘‘(ii) which was acquired by the taxpayer after Jan- uary 22, 1954, and before January 1, 1958, the bond premium for a taxable year beginning after December 31, 1975, shall not be determined under sec- tion 171(b)(1)(B)(i) but shall be determined with ref- erence to the amount payable on maturity, and if the bond is called before its matu

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24101 — Findings, mission, and goals

**(a) Findings.—** (1) Public convenience and necessity require that Amtrak, to the extent its budget allows, provide modern, cost-efficient, and energy-efficient intercity rail passenger transportation throughout the United States. (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 in order to meet the intercity passenger rail needs of the United States. (5) Modern and efficient intercity passenger and commuter rail passenger transportation is important to the viability and well-being of major urban and rural 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. (9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities. **(b) Mission.—** The mission of Amtrak is to provide efficient and effective intercity passenger rail mo

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24102 — Definitions

In this part— (1) “auto-ferry transportation” means intercity rail passenger transportation— (A) of automobiles or recreational vehicles and their occupants; and (B) when space is available, of used unoccupied vehicles. (2) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation. (3) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations. (4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation. (5) “long-distance route” means a route described in subparagraph (C) of paragraph (7). (6) “National Network” includes long-distance routes and State-supported routes. (7) “national rail passenger transportation system” means— (A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia; (B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established; (C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and (D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by— (i) Amtrak; or (ii) another rail carrier that receives funds under chapter 229. (8) “Northeast Corridor” means Con

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24102

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24102 — Definitions

Page 668 TITLE 49—TRANSPORTATION § 24102 ‘‘(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. ‘‘(c) NOTIFICATION REQUIREMENT.—Any State that en- ters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact. ‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The Sec- retary of Transportation shall— ‘‘(1) make available on a publicly accessible website a list of interstate rail compacts established under subsection (a) before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 [Nov. 15, 2021] and interstate rail compacts estab- lished after such date; and ‘‘(2) make information regarding interstate rail compacts available to the public, including how States may establish interstate rail compacts under subsection (a), and update such information, as nec- essary.’’ DEFINITION Pub. 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.’’ § 24102. Definitions In this part— (1) ‘‘auto-ferry transportation’’ means inter- city rail passenger transportation— (A) of automobiles or recreational vehicles and their occupants; and (B) when space is available, of used unoc- cupied vehicles. (2) ‘‘commuter authority’’ means a State, local, or regional entity established to pro- vide, or make a contract providing for, c

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 24102

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24702 — Transportation requested by States, au-

Page 706 TITLE 49—TRANSPORTATION § 24702 § 24702. Transportation requested by States, au- thorities, and other persons (a) CONTRACTS FOR TRANSPORTATION.—Amtrak may enter into a contract with a State, a re- gional 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 con- tract 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.) Editorial Notes PRIOR PROVISIONS 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. Statutory Notes and Related Subsidiaries ACCESS TO AMTRAK EQUIPMENT AND SERVICES 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 de- scribed 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 u

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 24702

Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 24702. This identifies an authority to review, not proof of applicability.