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, 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). Page 669 TITLE 49—TRANSPORTATION § 24103 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 24102(4) ...... 45:502(8). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 103(8), (9); added Aug. 13, 1981, Pub. L. 97–35, § 1173(3), 95 Stat. 689. 24102(5) ...... 45:502(9). 24102(6) ...... 45:502(11). Oct. 30, 1970, Pub. L. 91–518, § 103(11), 84 Stat. 1328; Nov. 3, 1973, Pub. L. 93–146, § 2(1), 87 Stat. 548; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 539; Aug. 13, 1981, Pub. L. 97–35, § 1173(1), (4), 95 Stat. 689. 24102(7) ...... 45:502(13). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 103(13); added Oct. 27, 1992, Pub. L. 102–533, § 8(2), 106 Stat. 3519. 45:851(c). Feb. 5, 1976, Pub. L. 94–210, § 701(c), 90 Stat. 120. 24102(8) ...... 45:502(14). 24102(9) ...... (no source). 24102(10) ..... 45:502(15). 24102(11) ..... 45:502(16). In clause (1), before subclause (A), the text of 45:502(1), (2), and (10) is omitted as surplus. The text of 45:502(6), (7), (12), (14), and (18) is omitted because the complete names of the Performance Evaluation Center, Interstate Commerce Commission, Railroad Safety System Program, Technical Assistance Panel, and Sec- retary of Transportation are used the first time the terms appear in a section. The words ‘‘characterized by transportation’’ are omitted as surplus. In clause (3), the text of 45:502(5)(A) and the words ‘‘on and after October 1, 1979’’ are omitted as obsolete. Reference to 45:564(e) is omitted as obsolete because 45:564(e) was repealed by section 1183(d) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 697). In clauses (4) and (10), the words ‘‘authority, corpora- tion, or other’’ are omitted as surplus. In clause (4), the words ‘‘and includes the Metropoli- tan Transportation Authority, the Connecticut Depart- ment of Transportation, the Maryland Department of Transportation the Southeastern Pennsylvania Trans- portation Authority, the New Jersey Transit Corpora- tion, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any suc- cessor agencies, and any entity created by one or more such agencies for the purpose of operating’’ are omitted as surplus. In clause (5), the words ‘‘whether within or across the geographical boundaries of a State’’ are omitted as sur- plus. Clause (9) is added to eliminate repetition of the words ‘‘fares or charges’’ throughout this part. Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Invest- ment and Improvement Act of 2008, referred to in par. (7)(C), is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008. AMENDMENTS 2019—Par. (7)(D)(ii). Pub. L. 115–420 substituted ‘‘chapter 229’’ for ‘‘chapter 244’’. 2015—Pars. (5) to (13). Pub. L. 114–94 added pars. (5), (6), (12), and (13) and redesignated former pars. (5) to (9) as (7) to (11), respectively. 2008—Pars. (2) to (5). Pub. L. 110–432 added par. (5), re- designated former pars. (3) to (5) as (2) to (4), respec- tively, and struck out former par. (2) which read as fol- lows: ‘‘ ‘basic system’ means the system of intercity rail passenger transportation designated by the Sec- retary of Transportation under section 4 of the Amtrak Improvement Act of 1978 and approved by Congress, and transportation required to be provided under section 24705(a) of this title and section 4(g) of the Act, includ- ing changes in the system or transportation that Am- trak makes using the route and service criteria.’’ 1997—Pars. (2) to (6). Pub. L. 105–134, § 407(1), (2), redes- ignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) which read as follows: ‘‘ ‘avoidable loss’ means the avoidable costs of pro- viding rail passenger transportation, less revenue at- tributable to the transportation, as determined by the Interstate Commerce Commission under section 553 of title 5.’’ Par. (7). Pub. L. 105–134, § 407(2), (3), redesignated par. (8) as (7) and inserted ‘‘, including a unit of State or local government,’’ after ‘‘means a person’’. Former par. (7) redesignated (6). Pars. (8) to (10). Pub. L. 105–134, § 407(2), redesignated pars. (8) to (10) as (7) to (9), respectively. Par. (11). Pub. L. 105–134, § 407(1), struck out par. (11) which read as follows: ‘‘ ‘route and service criteria’ means the criteria and procedures for making route and service decisions established under section 404(c)(1)–(3)(A) of the Rail Passenger Service Act.’’ 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. § 24103. Enforcement (a) GENERAL.—(1) Except as provided in para- graph (2) of this subsection, only the Attorney General may bring a civil action for equitable relief in a district court of the United States when Amtrak or a rail carrier— (A) engages in or adheres to an action, prac- tice, or policy inconsistent with this part or chapter 229; (B) obstructs or interferes with an activity authorized under this part or chapter 229; (C) refuses, fails, or neglects to discharge its duties and responsibilities under this part or chapter 229; or (D) threatens— (i) to engage in or adhere to an action, practice, or policy inconsistent with this part or chapter 229; (ii) to obstruct or interfere with an activ- ity authorized by this part or chapter 229; or (iii) to refuse, fail, or neglect to discharge its duties and responsibilities under this part or chapter 229. (2) An employee affected by any conduct or threat referred to in paragraph (1) of this sub- section, or an authorized employee representa- tive, may bring the civil action if the conduct or threat involves a labor agreement. (b) REVIEW OF DISCONTINUANCE OR REDUC- TION.—A discontinuance of a route, a train, or transportation, or a reduction in the frequency of transportation, by Amtrak is reviewable only in a civil action for equitable relief brought by the Attorney General. (c) VENUE.—Except as otherwise prohibited by law, a civil action under this section may be brought in the judicial district in which Amtrak or the rail carrier resides or is found. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 901; Pub. L. 115–420, § 7(b)(3)(A)(i)(II), Jan. 3, 2019, 132 Stat. 5447.)