§ 24101. Findings, mission, and goals

• (a)
  • (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 between crowded urban areas and in other areas of 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 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) The mission of Amtrak is to provide efficient and effective intercity passenger rail mobility consisting of high quality service that is trip-time competitive with other intercity travel options and that is consistent with the goals set forth in subsection (c).
• (c) Amtrak shall—
  • (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) 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. Amtrak shall prepare a financial 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. Amtrak and its Board of Directors shall adopt a long-term plan that minimizes the need for Federal operating subsidies.

§ 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 Connecticut, Delaware, the District of Columbia, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, 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 passenger transportation in a region.
• (12) “state-of-good-repair” means a condition in which physical assets, both individually and as a system, are—
  • (A) performing at a level at least equal to that called for in their as-built or as-modified 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 paragraph (7), or in section 24702, that is operated by Amtrak, excluding those trains operated by Amtrak on the routes described in paragraph (7)(A).

§ 24103. Enforcement

• (a)
  • (1) Except as provided in paragraph (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, practice, 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 activity 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 subsection, or an authorized employee representative, may bring the civil action if the conduct or threat involves a labor agreement.
• (b) 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) 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.