§ 24301. Status and applicable laws

• (a) Amtrak—
  • (1) is a railroad carrier under section 20102(2) 1 1 See References in Text note below. and chapters 261 and 281 of this title;
  • (2) shall be operated and managed as a for-profit corporation; and
  • (3) is not a department, agency, or instrumentality of the United States Government, and shall not be subject to title 31.
• (b) The principal office and place of business of Amtrak are in the District of Columbia. Amtrak is qualified to do business in each State in which Amtrak carries out an activity authorized under this part. Amtrak shall accept service of process by certified mail addressed to the secretary of Amtrak at its principal office and place of business. Amtrak is a citizen only of the District of Columbia when deciding original jurisdiction of the district courts of the United States in a civil action.
• (c) Subtitle IV of this title shall not apply to Amtrak, except for sections 11123, 11301, 11322(a), 11502, and 11706. Notwithstanding the preceding sentence, Amtrak shall continue to be considered an employer under the Railroad Retirement Act of 1974, the Railroad Unemployment Insurance Act, and the Railroad Retirement Tax Act.
• (d) Laws and regulations governing safety, employee representation for collective bargaining purposes, the handling of disputes between carriers and employees, employee retirement, annuity, and unemployment systems, and other dealings with employees that apply to a rail carrier subject to part A of subtitle IV of this title apply to Amtrak.
• (e) Section 552 of title 5 , this part, and, to the extent consistent with this part, the District of Columbia Business Corporation Act (D.C. Code § 29–301 et seq.) apply to Amtrak. Section 552 of title 5 , United States Code, applies to Amtrak for any fiscal year in which Amtrak receives a Federal subsidy.
• (f) A commuter authority that was eligible to make a contract with Amtrak Commuter to provide commuter rail passenger transportation but which decided to provide its own rail passenger transportation beginning January 1, 1983 , is exempt, effective October 1, 1981 , from paying a tax or fee to the same extent Amtrak is exempt.
• (g) A State or other law related to rates, routes, or service does not apply to Amtrak in connection with rail passenger transportation.
• (h) A State or local law related to pay periods or days for payment of employees does not apply to Amtrak. Except when otherwise provided under a collective bargaining agreement, an employee of Amtrak shall be paid at least as frequently as the employee was paid on October 1, 1979 .
• (i) A State may not adopt or continue in force a law, rule, regulation, order, or standard requiring Amtrak to employ a specified number of individuals to perform a particular task, function, or operation.
• (j) Prohibitions of law applicable to an agreement for the joint use or operation of facilities and equipment necessary to provide quick and efficient rail passenger transportation do not apply to a person making an agreement with Amtrak to the extent necessary to allow the person to make and carry out obligations under the agreement.
• (k)
  • (1) In this subsection—
    • (A) “additional tax” means a tax or fee—
      • (i) on the acquisition, improvement, ownership, or operation of personal property by Amtrak; and
      • (ii) on real property, except a tax or fee on the acquisition of real property or on the value of real property not attributable to improvements made, or the operation of those improvements, by Amtrak.
    • (B) “Amtrak” includes a rail carrier subsidiary of Amtrak and a lessor or lessee of Amtrak or one of its rail carrier subsidiaries.
  • (2) Amtrak is not required to pay an additional tax because of an expenditure to acquire or improve real property, equipment, a facility, or right-of-way material or structures used in providing rail passenger transportation, even if that use is indirect.
• (l)
  • (1) Amtrak, a rail carrier subsidiary of Amtrak, and any passenger or other customer of Amtrak or such subsidiary, are exempt from a tax, fee, head charge, or other charge, imposed or levied by a State, political subdivision, or local taxing authority on Amtrak, a rail carrier subsidiary of Amtrak, or on persons traveling in intercity rail passenger transportation or on mail or express transportation provided by Amtrak or such a subsidiary, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived therefrom after September 30, 1981 . In the case of a tax or fee that Amtrak was required to pay as of September 10, 1982 , Amtrak is not exempt from such tax or fee if it was assessed before April 1, 1997 .
  • (2) The district courts of the United States have original jurisdiction over a civil action Amtrak brings to enforce this subsection and may grant equitable or declaratory relief requested by Amtrak.
• (m)
  • (1) An intercity rail passenger car manufactured after October 14, 1990 , shall be built to provide for the discharge of human waste only at a servicing facility. Amtrak shall retrofit each of its intercity rail passenger cars that was manufactured after May 1, 1971 , and before October 15, 1990 , with a human waste disposal system that provides for the discharge of human waste only at a servicing facility. Subject to appropriations—
    • (A) the retrofit program shall be completed not later than October 15, 2001 ; and
    • (B) a car that does not provide for the discharge of human waste only at a servicing facility shall be removed from service after that date.
  • (2) Section 361 of the Public Health Service Act ( 42 U.S.C. 264 ) and other laws of the United States, States, and local governments do not apply to waste disposal from rail carrier vehicles operated in intercity rail passenger transportation. The district courts of the United States have original jurisdiction over a civil action Amtrak brings to enforce this paragraph and may grant equitable or declaratory relief requested by Amtrak.
• (n) When authorizing transportation in the continental United States for an officer, employee, or member of the uniformed services of a department, agency, or instrumentality of the Government, the head of that department, agency, or instrumentality shall consider rail transportation (including transportation by extra-fare trains) the same as transportation by another authorized mode. The Administrator of General Services shall include Amtrak in the contract air program of the Administrator in markets in which transportation provided by Amtrak is competitive with other carriers on fares and total trip times.
• (o) Any lease or contract entered into between Amtrak and the State of Maryland, or any department or agency of the State of Maryland, after the date of the enactment of this subsection shall be governed by the laws of the District of Columbia.

§ 24302. Board of directors

• (a)
  • (1) The Amtrak Board of Directors (referred to in this section as the “Board”) is composed of the following 10 directors, each of whom must be a citizen of the United States:
    • (A) The Secretary of Transportation.
    • (B) The President of Amtrak, who shall serve as a nonvoting member of the Board.
    • (C) 8 individuals appointed by the President of the United States, by and with the advice and consent of the Senate, with general business and financial experience, experience or qualifications in transportation, freight and passenger rail transportation, travel, hospitality, cruise line, or passenger air transportation businesses, or representatives of employees or users of passenger rail transportation or a State government.
  • (2) In selecting individuals described in paragraph (1) for nominations for appointments to the Board, the President shall consult with the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak.
  • (3) An individual appointed under paragraph (1)(C) of this subsection shall be appointed for a term of 5 years. Such term may be extended until the individual’s successor is appointed and qualified. Not more than 5 individuals appointed under paragraph (1)(C) may be members of the same political party.
  • (4) The Board shall elect a chairman and a vice chairman, other than the President of Amtrak, from among its membership. The vice chairman shall serve as chairman in the absence of the chairman.
  • (5) The Secretary may be represented at Board meetings by the Secretary’s designee.
• (b) Each director not employed by the United States Government or Amtrak is entitled to reasonable pay when performing Board duties. Each director not employed by the United States Government is entitled to reimbursement from Amtrak for necessary travel, reasonable secretarial and professional staff support, and subsistence expenses incurred in attending Board meetings.
• (c)
  • (1) Each director not employed by the United States Government shall be subject to the same travel and reimbursable business travel expense policies and guidelines that apply to Amtrak’s executive management when performing Board duties.
  • (2) Not later than 60 days after the end of each fiscal year, the Board shall submit a report describing all travel and reimbursable business travel expenses paid to each director when performing Board duties to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
  • (3) The report submitted under paragraph (2) shall include a detailed justification for any travel or reimbursable business travel expense that deviates from Amtrak’s travel and reimbursable business travel expense policies and guidelines.
• (d) A vacancy on the Board is filled in the same way as the original selection, except that an individual appointed by the President of the United States under subsection (a)(1)(C) of this section to fill a vacancy occurring before the end of the term for which the predecessor of that individual was appointed is appointed for the remainder of that term. A vacancy required to be filled by appointment under subsection (a)(1)(C) must be filled not later than 120 days after the vacancy occurs.
• (e) A majority of the members serving who are eligible to vote shall constitute a quorum for doing business.
• (f) The Board may adopt and amend bylaws governing the operation of Amtrak. The bylaws shall be consistent with this part and the articles of incorporation.

§ 24303. Officers

• (a) Amtrak has a President and other officers that are named and appointed by the board of directors of Amtrak. An officer of Amtrak must be a citizen of the United States. Officers of Amtrak serve at the pleasure of the board.
• (b) The board may fix the pay of the officers of Amtrak. An officer may not be paid more than the general level of pay for officers of rail carriers with comparable responsibility. The preceding sentence shall not apply for any fiscal year for which no Federal assistance is provided to Amtrak.
• (c) When employed by Amtrak, an officer may not have a financial or employment relationship with another rail carrier, except that holding securities issued by a rail carrier is not deemed to be a violation of this subsection if the officer holding the securities makes a complete public disclosure of the holdings and does not participate in any decision directly affecting the rail carrier.

§ 24304. Employee stock ownership plans

In issuing stock pursuant to applicable corporate law, Amtrak is encouraged to include employee stock ownership plans.

§ 24305. General authority

• (a)
  • (1) Amtrak may acquire, operate, maintain, and make contracts for the operation and maintenance of equipment and facilities necessary for intercity and commuter rail passenger transportation, the transportation of mail and express, and auto-ferry transportation.
  • (2) Amtrak shall operate and control directly, to the extent practicable, all aspects of the rail passenger transportation it provides.
  • (3)
    • (A) Except as provided in subsection (d)(2), Amtrak may enter into a contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only—
      • (i) if the motor carrier is not a public recipient of governmental assistance, as such term is defined in section 13902(b)(8)(A) of this title , other than a recipient of funds under section 5311 of this title ;
      • (ii) for passengers who have had prior movement by rail or will have subsequent movement by rail; and
      • (iii) if the buses, when used in the provision of such transportation, are used exclusively for the transportation of passengers described in clause (ii).
    • (B) Subparagraph (A) shall not apply to transportation funded predominantly by a State or local government, or to ticket selling agreements.
• (b) Amtrak may maintain and rehabilitate rail passenger equipment and shall maintain a regional maintenance plan that includes—
  • (1) a review panel at the principal office of Amtrak consisting of members the President of Amtrak designates;
  • (2) a systemwide inventory of spare equipment parts in each operational region;
  • (3) enough maintenance employees for cars and locomotives in each region;
  • (4) a systematic preventive maintenance program;
  • (5) periodic evaluations of maintenance costs, time lags, and parts shortages and corrective actions; and
  • (6) other elements or activities Amtrak considers appropriate.
• (c) Amtrak may—
  • (1) make and carry out appropriate agreements;
  • (2) transport mail and express and shall use all feasible methods to obtain the bulk mail business of the United States Postal Service;
  • (3) improve its reservation system and advertising;
  • (4) provide food and beverage services on its trains only if revenues from the services each year at least equal the cost of providing the services;
  • (5) conduct research, development, and demonstration programs related to the mission of Amtrak; and
  • (6) buy or lease rail rolling stock and develop and demonstrate improved rolling stock.
• (d)
  • (1) Establishing through routes and joint fares between Amtrak and other intercity rail passenger carriers and motor carriers of passengers is consistent with the public interest and the transportation policy of the United States. Congress encourages establishing those routes and fares.
  • (2) Amtrak may establish through routes and joint fares with any domestic or international motor carrier, air carrier, or water carrier.
  • (3) Congress encourages Amtrak and motor common carriers of passengers to use the authority conferred in sections 11322 and 14302 of this title for the purpose of providing improved service to the public and economy of operation.
• (e) Amtrak may directly employ or contract with rail police to provide security for rail passengers and property of Amtrak. Rail police directly employed by or contracted by Amtrak who have complied with a State law establishing requirements applicable to rail police or individuals employed in a similar position may be directly employed or contracted without regard to the law of another State containing those requirements.
• (f)
  • (1) In this subsection, “United States” means the States, territories, and possessions of the United States and the District of Columbia.
  • (2) Amtrak shall buy only—
    • (A) unmanufactured articles, material, and supplies mined or produced in the United States; or
    • (B) manufactured articles, material, and supplies manufactured in the United States substantially from articles, material, and supplies mined, produced, or manufactured in the United States.
  • (3) Paragraph (2) of this subsection applies only when the cost of those articles, material, or supplies bought is at least $1,000,000.
  • (4) On application of Amtrak, the Secretary of Transportation may exempt Amtrak from this subsection if the Secretary decides that—
    • (A) for particular articles, material, or supplies—
      • (i) the requirements of paragraph (2) of this subsection are inconsistent with the public interest;
      • (ii) the cost of imposing those requirements is unreasonable; or
      • (iii) the articles, material, or supplies, or the articles, material, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality; or
    • (B) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time.

§ 24306. Mail, express, and auto-ferry transportation

• (a) Amtrak shall take necessary action to increase its revenues from the transportation of mail and express. To increase its revenues, Amtrak may provide auto-ferry transportation as part of the basic passenger transportation authorized by this part.
• (b) State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry transportation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful.

§ 24307. Special transportation

• (a) Amtrak shall maintain a reduced fare program for the following:
  • (1) individuals at least 65 years of age.
  • (2) individuals (except alcoholics and drug abusers) who—
    • (A) have a physical or mental impairment that substantially limits a major life activity of the individual;
    • (B) have a record of an impairment; or
    • (C) are regarded as having an impairment.
• (b)
  • (1) In this subsection, “rail carrier employee” means—
    • (A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of absence;
    • (B) a retired employee of a rail carrier or terminal company; and
    • (C) a dependent of an employee referred to in clause (A) or (B) of this paragraph.
  • (2) Amtrak shall ensure that a rail carrier employee eligible for free or reduced-rate rail transportation on April 30, 1971 , under an agreement in effect on that date is eligible, to the greatest extent practicable, for free or reduced-rate intercity rail passenger transportation provided by Amtrak under this part, if space is available, on terms similar to those available on that date under the agreement. However, Amtrak may apply to all rail carrier employees eligible to receive free or reduced-rate transportation under any agreement a single systemwide schedule of terms that Amtrak decides applied to a majority of employees on that date under all those agreements. Unless Amtrak and a rail carrier make a different agreement, the carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrier employee eligible for free or reduced-rate transportation.
  • (3) This subsection does not prohibit the Surface Transportation Board from ordering retroactive relief in a proceeding begun or reopened after October 1, 1981 .

§ 24308. Use of facilities and providing services to Amtrak

• (a)
  • (1) Amtrak may make an agreement with a rail carrier or regional transportation authority to use facilities of, and have services provided by, the carrier or authority under terms on which the parties agree. The terms shall include a penalty for untimely performance.
  • (2)
    • (A) If the parties cannot agree and if the Surface Transportation Board finds it necessary to carry out this part, the Board shall—
      • (i) order that the facilities be made available and the services provided to Amtrak; and
      • (ii) prescribe reasonable terms and compensation for using the facilities and providing the services.
    • (B) When prescribing reasonable compensation under subparagraph (A) of this paragraph, the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the facilities and providing the services.
    • (C) The Board shall decide the dispute not later than 90 days after Amtrak submits the dispute to the Board.
  • (3) Amtrak’s right to use the facilities or have the services provided is conditioned on payment of the compensation. If the compensation is not paid promptly, the rail carrier or authority entitled to it may bring an action against Amtrak to recover the amount owed.
  • (4) Amtrak shall seek immediate and appropriate legal remedies to enforce its contract rights when track maintenance on a route over which Amtrak operates falls below the contractual standard.
• (b) To facilitate operation by Amtrak during an emergency, the Board, on application by Amtrak, shall require a rail carrier to provide facilities immediately during the emergency. The Board then shall promptly prescribe reasonable terms, including indemnification of the carrier by Amtrak against personal injury risk to which the carrier may be exposed. The rail carrier shall provide the facilities for the duration of the emergency.
• (c) Except in an emergency, intercity and commuter rail passenger transportation provided by or for Amtrak has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this subsection. A rail carrier affected by this subsection may apply to the Board for relief. If the Board, after an opportunity for a hearing under section 553 of title 5 , decides that preference for intercity and commuter rail passenger transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the carrier and Amtrak on reasonable terms.
• (d) If a rail carrier refuses to allow accelerated speeds on trains operated by or for Amtrak, Amtrak may apply to the Board for an order requiring the carrier to allow the accelerated speeds. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. After an opportunity for a hearing, the Board shall establish the maximum allowable speeds of Amtrak trains on terms the Board decides are reasonable.
• (e)
  • (1) When a rail carrier does not agree to provide, or allow Amtrak to provide, for the operation of additional trains over a rail line of the carrier, Amtrak may apply to the Board for an order requiring the carrier to provide or allow for the operation of the requested trains. After a hearing on the record, the Board may order the carrier, within 60 days, to provide or allow for the operation of the requested trains on a schedule based on legally permissible operating times. However, if the Board decides not to hold a hearing, the Board, not later than 30 days after receiving the application, shall publish in the Federal Register the reasons for the decision not to hold the hearing.
  • (2) The Board shall consider—
    • (A) when conducting a hearing, whether an order would impair unreasonably freight transportation of the rail carrier, with the carrier having the burden of demonstrating that the additional trains will impair the freight transportation; and
    • (B) when establishing scheduled running times, the statutory goal of Amtrak to implement schedules that attain a system-wide average speed of at least 60 miles an hour that can be adhered to with a high degree of reliability and passenger comfort.
  • (3) Unless the parties have an agreement that establishes the compensation Amtrak will pay the carrier for additional trains provided under an order under this subsection, the Board shall decide the dispute under subsection (a) of this section.
• (f)
  • (1) If the on-time performance of any intercity passenger train averages less than 80 percent for any 2 consecutive calendar quarters, or the service quality of intercity passenger train operations for which minimum standards are established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 fails to meet those standards for 2 consecutive calendar quarters, the Surface Transportation Board (referred to in this section as the “Board”) may initiate an investigation, or upon the filing of a complaint by Amtrak, an intercity passenger rail operator, a host freight railroad over which Amtrak operates, or an entity for which Amtrak operates intercity passenger rail service, the Board shall initiate such an investigation, to determine whether and to what extent delays or failure to achieve minimum standards are due to causes that could reasonably be addressed by a rail carrier over whose tracks the intercity passenger train operates or reasonably addressed by Amtrak or other intercity passenger rail operators. As part of its investigation, the Board has authority to review the accuracy of the train performance data and the extent to which scheduling and congestion contribute to delays. In making its determination or carrying out such an investigation, the Board shall obtain information from all parties involved and identify reasonable measures and make recommendations to improve the service, quality, and on-time performance of the train.
  • (2) If the Board determines that delays or failures to achieve minimum standards investigated under paragraph (1) are attributable to a rail carrier’s failure to provide preference to Amtrak over freight transportation as required under subsection (c), the Board may award damages against the host rail carrier, including prescribing such other relief to Amtrak as it determines to be reasonable and appropriate pursuant to paragraph (3) of this subsection.
  • (3) In awarding damages and prescribing other relief under this subsection the Board shall consider such factors as—
    • (A) the extent to which Amtrak suffers financial loss as a result of host rail carrier delays or failure to achieve minimum standards; and
    • (B) what reasonable measures would adequately deter future actions which may reasonably be expected to be likely to result in delays to Amtrak on the route involved.
  • (4) The Board shall, as it deems appropriate, order the host rail carrier to remit the damages awarded under this subsection to Amtrak or to an entity for which Amtrak operates intercity passenger rail service. Such damages shall be used for capital or operating expenditures on the routes over which delays or failures to achieve minimum standards were the result of a rail carrier’s failure to provide preference to Amtrak over freight transportation as determined in accordance with paragraph (2).

§ 24309. Retaining and maintaining facilities

• (a) In this section—
  • (1) “facility” means a rail line, right of way, fixed equipment, facility, or real property related to a rail line, right of way, fixed equipment, or facility, including a signal system, passenger station and repair tracks, a station building, a platform, and a related facility, including a water, fuel, steam, electric, and air line.
  • (2) downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track safety standards or altering a facility so that the time required for rail passenger transportation to be provided over the route on which a facility is located may be increased.
• (b) A facility of a rail carrier or regional transportation authority that Amtrak used to provide rail passenger transportation on February 1, 1979 , or on January 1, 1997 , may be downgraded or disposed of only after approval by the Secretary of Transportation under this section.
• (c)
  • (1) A rail carrier intending to downgrade or dispose of a facility Amtrak currently is not using to provide transportation shall notify Amtrak of its intention. If, not later than 60 days after Amtrak receives the notice, Amtrak and the carrier do not agree to retain or maintain the facility or to convey an interest in the facility to Amtrak, the carrier may apply to the Secretary for approval to downgrade or dispose of the facility.
  • (2) After a rail carrier notifies Amtrak of its intention to downgrade or dispose of a facility, Amtrak shall survey population centers with rail passenger transportation facilities to assist in preparing a valid and timely analysis of the need for the facility and shall update the survey as appropriate. Amtrak also shall maintain a system for collecting information gathered in the survey. The system shall collect the information based on geographic regions and on whether the facility would be part of a short haul or long haul route. The survey should facilitate an analysis of—
    • (A) ridership potential by ascertaining existing and changing travel patterns that would provide maximum efficient rail passenger transportation;
    • (B) the quality of transportation of competitors or likely competitors;
    • (C) the likelihood of Amtrak offering transportation at a competitive fare;
    • (D) opportunities to target advertising and fares to potential classes of riders;
    • (E) economic characteristics of rail passenger transportation related to the facility and the extent to which the characteristics are consistent with sound economic principles of short haul or long haul rail transportation; and
    • (F) the feasibility of applying effective internal cost controls to the facility and route served by the facility to improve the ratio of passenger revenue to transportation expenses (excluding maintenance of tracks, structures, and equipment and depreciation).
• (d)
  • (1) If Amtrak does not object to an application not later than 30 days after it is submitted, the Secretary shall approve the application promptly.
  • (2) If Amtrak objects to an application, the Secretary shall decide by not later than 180 days after the objection those costs the rail carrier may avoid if it does not have to retain or maintain a facility in the condition Amtrak requests. If Amtrak does not agree by not later than 60 days after the decision to pay the carrier these avoidable costs, the Secretary shall approve the application. When deciding whether to pay a carrier the avoidable costs of retaining or maintaining a facility, Amtrak shall consider—
    • (A) the potential importance of restoring rail passenger transportation on the route on which the facility is located;
    • (B) the market potential of the route;
    • (C) the availability, adequacy, and energy efficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route;
    • (D) the extent to which major population centers would be served by the route;
    • (E) the extent to which providing transportation over the route would encourage the expansion of an intercity rail passenger system in the United States; and
    • (F) the possibility of increased ridership on a rail line that connects with the route.
• (e) Downgrading or disposing of a facility under this section does not relieve a rail carrier from complying with its other common carrier or legal obligations related to the facility.

§ 24310. Management accountability

• (a) Within 3 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, and 2 years thereafter, the Inspector General of the Department of Transportation shall complete an overall assessment of the progress made by Amtrak management and the Department of Transportation in implementing the provisions of that Act.
• (b) The management assessment undertaken by the Inspector General may include a review of—
  • (1) effectiveness in improving annual financial planning;
  • (2) effectiveness in implementing improved financial accounting;
  • (3) efforts to implement minimum train performance standards;
  • (4) progress maximizing revenues, minimizing Federal subsidies, and improving financial results; and
  • (5) any other aspect of Amtrak operations the Inspector General finds appropriate to review.

§ 24311. Acquiring interests in property by eminent domain

• (a)
  • (1) To the extent financial resources are available, Amtrak may acquire by eminent domain under subsection (b) of this section interests in property—
    • (A) necessary for intercity rail passenger transportation, except property of a rail carrier, a State, a political subdivision of a State, or a governmental authority; or
    • (B) requested by the Secretary of Transportation in carrying out the Secretary’s duty to design and build an intermodal transportation terminal at Union Station in the District of Columbia if the Secretary assures Amtrak that the Secretary will reimburse Amtrak.
  • (2) Amtrak may exercise the power of eminent domain only if it cannot—
    • (A) acquire the interest in the property by contract; or
    • (B) agree with the owner on the purchase price for the interest.
• (b)
  • (1) A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be brought in the district court of the United States for the judicial district in which the property is located or, if a single piece of property is located in more than one judicial district, in any judicial district in which any piece of the property is located. An interest is condemned and taken by Amtrak for its use when a declaration of taking is filed under this subsection and an amount of money estimated in the declaration to be just compensation for the interest is deposited in the court. The declaration may be filed with the complaint in the action or at any time before judgment. The declaration must contain or be accompanied by—
    • (A) a statement of the public use for which the interest is taken;
    • (B) a description of the property sufficient to identify it;
    • (C) a statement of the interest in the property taken;
    • (D) a plan showing the interest taken; and
    • (E) a statement of the amount of money Amtrak estimates is just compensation for the interest.
  • (2) When the declaration is filed and the deposit is made under paragraph (1) of this subsection, title to the property vests in Amtrak in fee simple absolute or in the lesser interest shown in the declaration, and the right to the money vests in the person entitled to the money. When the declaration is filed, the court may decide—
    • (A) the time by which, and the terms under which, possession of the property is given to Amtrak; and
    • (B) the disposition of outstanding charges related to the property.
  • (3) After a hearing, the court shall make a finding on the amount that is just compensation for the interest in the property and enter judgment awarding that amount and interest on it. The rate of interest is 6 percent a year and is computed on the amount of the award less the amount deposited in the court from the date of taking to the date of payment.
  • (4) On application of a party, the court may order immediate payment of any part of the amount deposited in the court for the compensation to be awarded. If the award is more than the amount received, the court shall enter judgment against Amtrak for the deficiency.
• (c)
  • (1) If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an interest in property of a rail carrier necessary for intercity rail passenger transportation, Amtrak may apply to the Surface Transportation Board for an order establishing the need of Amtrak for the interest and requiring the carrier to convey the interest on reasonable terms, including just compensation. The need of Amtrak is deemed to be established, and the Board, after holding an expedited proceeding and not later than 120 days after receiving the application, shall order the interest conveyed unless the Board decides that—
    • (A) conveyance would impair significantly the ability of the carrier to carry out its obligations as a common carrier; and
    • (B) the obligations of Amtrak to provide modern, efficient, and economical rail passenger transportation can be met adequately by acquiring an interest in other property, either by sale or by exercising its right of eminent domain under subsection (a) of this section.
  • (2) If the amount of compensation is not determined by the date of the Board’s order, the order shall require, as part of the compensation, interest at 6 percent a year from the date prescribed for the conveyance until the compensation is paid.
  • (3) Amtrak subsequently may reconvey to a third party an interest conveyed to Amtrak under this subsection or prior comparable provision of law if the Board decides that the reconveyance will carry out the purposes of this part, regardless of when the proceeding was brought (including a proceeding pending before a United States court on November 28, 1990 ).

§ 24312. Labor standards

• (a) Amtrak shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed under an agreement made under section 24308(a) of this title will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. Amtrak may make such an agreement only after being assured that required labor standards will be maintained on the construction work. Health and safety standards prescribed by the Secretary under section 3704 of title 40 apply to all construction work performed under such an agreement, except for construction work performed by a rail carrier.
• (b) Wage rates in a collective bargaining agreement negotiated under the Railway Labor Act ( 45 U.S.C. 151 et seq.) are deemed to comply with sections 3141–3144, 3146, and 3147 of title 40.

§ 24313. Rail safety system program

In consultation with rail labor organizations, Amtrak shall maintain a rail safety system program for employees working on property owned by Amtrak. The program shall be a model for other rail carriers to use in developing safety programs. The program shall include—

• (1) periodic analyses of accident information, including primary and secondary causes;
• (2) periodic evaluations of the activities of the program, particularly specific steps taken in response to an accident;
• (3) periodic reports on amounts spent for occupational health and safety activities of the program;
• (4) periodic reports on reduced costs and personal injuries because of accident prevention activities of the program;
• (5) periodic reports on direct accident costs, including claims related to accidents; and
• (6) reports and evaluations of other information Amtrak considers appropriate.

§ 24315. Reports and audits

• (a) Not later than February 15 of each year, Amtrak shall submit to Congress a report that—
  • (1) for each route on which Amtrak provided intercity rail passenger transportation during the prior fiscal year, includes information on—
    • (A) ridership;
    • (B) passenger-miles;
    • (C) the short-term avoidable profit or loss for each passenger-mile;
    • (D) the revenue-to-cost ratio;
    • (E) revenues;
    • (F) the United States Government subsidy;
    • (G) the subsidy not provided by the United States Government; and
    • (H) on-time performance;
  • (2) provides relevant information about a decision to pay an officer of Amtrak more than the rate for level I of the Executive Schedule under section 5312 of title 5 ; and
  • (3) specifies—
    • (A) significant operational problems Amtrak identifies; and
    • (B) proposals by Amtrak to solve those problems.
• (b)
  • (1) Not later than February 15 of each year, Amtrak shall submit to the President and Congress a complete report of its operations, activities, and accomplishments, including a statement of revenues and expenditures for the prior fiscal year. The report—
    • (A) shall include a discussion and accounting of Amtrak’s success in meeting the goal of section 24902(b) 1 1 See References in Text note below. of this title; and
    • (B) may include recommendations for legislation, including the amount of financial assistance needed for operations and capital improvements, the method of computing the assistance, and the sources of the assistance.
  • (2) Amtrak may submit reports to the President and Congress at other times Amtrak considers desirable.
• (c) The Secretary of Transportation shall prepare a report on the effectiveness of this part in meeting the requirements for a balanced transportation system in the United States. The report may include recommendations for legislation. The Secretary shall include this report as part of the annual report the Secretary submits under section 308(a) of this title .
• (d) An independent certified public accountant shall audit the financial statements of Amtrak each year. The audit shall be carried out at the place at which the financial statements normally are kept and under generally accepted auditing standards. A report of the audit shall be included in the report required by subsection (a) of this section.
• (e) The Comptroller General may conduct performance audits of the activities and transactions of Amtrak. Each audit shall be conducted at the place at which the Comptroller General decides and under generally accepted management principles. The Comptroller General may prescribe regulations governing the audit.
• (f) Amtrak and, if required by the Comptroller General, a rail carrier with which Amtrak has made a contract for intercity rail passenger transportation shall make available for an audit under subsection (d) or (e) of this section all records and property of, or used by, Amtrak or the carrier that are necessary for the audit. Amtrak and the carrier shall provide facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. Amtrak and the carrier may keep all reports and property.
• (g) The Comptroller General shall submit to Congress a report on each audit, giving comments and information necessary to inform Congress on the financial operations and condition of Amtrak and recommendations related to those operations and conditions. The report also shall specify any financial transaction or undertaking the Comptroller General considers is carried out without authority of law. When the Comptroller General submits a report to Congress, the Comptroller General shall submit a copy of it to the President, the Secretary, and Amtrak at the same time.
• (h) A State shall have access to Amtrak’s records, accounts, and other necessary documents used to determine the amount of any payment to Amtrak required of the State.

§ 24316. Plans to address needs of families of passengers involved in rail passenger accidents

• (a) Not later than 6 months after the date of the enactment of the Rail Safety Improvement Act of 2008, a rail passenger carrier shall submit to the Chairman of the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a rail passenger carrier intercity train and resulting in a major loss of life.
• (b) A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the following:
  • (1) A process by which a rail passenger carrier will maintain and provide to the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident.
  • (2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1139(a)(2) of this title or the services of other suitably trained individuals.
  • (3) A plan for creating and publicizing a reliable, toll-free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers.
  • (4) A process for providing the notice described in paragraph (2) to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified).
  • (5) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger’s name appeared on any preliminary passenger manifest for the train involved in the accident.
  • (6) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier and by which any possession of the passenger within the control of the rail passenger carrier (regardless of its condition)—
    • (A) will be retained by the rail passenger carrier for at least 18 months; and
    • (B) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.
  • (7) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers.
  • (8) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
  • (9) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument.
  • (10) An assurance that the rail passenger carrier will work with any organization designated under section 1139(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.
  • (11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1139(a)(2) of this title for services provided by the organization.
• (c) Neither the National Transportation Safety Board, the Secretary of Transportation, the Secretary of Homeland Security, nor a rail passenger carrier may release to the public any personal information on a list obtained under subsection (b)(1), but may provide information on the list about a passenger to the passenger’s family members to the extent that the Board or a rail passenger carrier considers appropriate.
• (d)
  • (1) Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.
  • (2) Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including the development of information regarding the nature of injuries sustained and the manner in which they were sustained, for the purpose of determining compliance with existing laws and regulations or identifying means of preventing similar injuries in the future.
• (e) A rail passenger carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was caused by conduct of the rail passenger carrier which was grossly negligent or which constituted intentional misconduct.
• (f) In this section, the terms “passenger” and “rail passenger accident” have the meaning given those terms by section 1139 of this title .
• (g) Out of funds appropriated pursuant to section 20117(a)(1)(A), there shall be made available to the Secretary of Transportation $500,000 for fiscal year 2010 to carry out this section. Amounts made available pursuant to this subsection shall remain available until expended.

§ 24317. Accounts

• (a) The purpose of this section is to—
  • (1) promote the effective use and stewardship by Amtrak of Amtrak revenues, Federal, State, and third party investments, appropriations, grants and other forms of financial assistance, and other sources of funds; and
  • (2) enhance the transparency of the assignment of revenues and costs among Amtrak business lines while ensuring the health of the Northeast Corridor and National Network.
• (b) Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation, in consultation with Amtrak, shall define an account structure and improvements to accounting methodologies, as necessary, to support, at a minimum, the Northeast Corridor and the National Network.
• (c) In defining the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns the following:
  • (1) For the Northeast Corridor account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the Northeast Corridor, including—
    • (A) grant funds appropriated for the Northeast Corridor pursuant to section 11101(a) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;
    • (B) compensation received from commuter rail passenger transportation providers for such providers’ share of capital and operating costs on the Northeast Corridor provided to Amtrak pursuant to section 24905(c); and
    • (C) any operating surplus of the Northeast Corridor, as allocated pursuant to section 24318.
  • (2) For the National Network account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the National Network, including—
    • (A) grant funds appropriated for the National Network pursuant to section 11101(b) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;
    • (B) compensation received from States provided to Amtrak pursuant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 42 U.S.C. 24101 note); 1 1 See References in Text note below. and
    • (C) any operating surplus of the National Network, as allocated pursuant to section 24318.
• (d) In defining the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and National Network accounts shall be used by Amtrak for the following:
  • (1) For the Northeast Corridor, all associated costs, including—
    • (A) operating activities;
    • (B) capital activities as described in section 24904(a)(2)(E);
    • (C) acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services;
    • (D) payment of principal and interest on loans for capital projects described in this paragraph or for capital leases attributable to the Northeast Corridor;
    • (E) other capital projects on the Northeast Corridor, determined appropriate by the Secretary, and consistent with section 24905(c)(1)(A)(i); and
    • (F) if applicable, capital projects described in section 24904(b).
  • (2) For the National Network, all associated costs, including—
    • (A) operating activities;
    • (B) capital activities; and
    • (C) the payment of principal and interest on loans or capital leases attributable to the National Network.
• (e)
  • (1) Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak, in consultation with the Secretary, shall implement any account structures and improvements defined under subsection (b) so that Amtrak is able to produce profit and loss statements for each of the business lines described in section 24320(b)(1) and, as appropriate, each of the asset categories described in section 24320(c)(1) that identify sources and uses of—
    • (A) revenues;
    • (B) appropriations; and
    • (C) transfers between business lines.
  • (2) Not later than 1 month after the implementation under paragraph (1), and monthly thereafter, Amtrak shall submit updated profit and loss statements for each of the business lines and asset categories to the Secretary.
• (f) For the purposes of account management, Amtrak may transfer funds between the Northeast Corridor account and National Network account without prior notification and approval under subsection (g) if such transfers—
  • (1) do not materially impact Amtrak’s ability to achieve its anticipated financial, capital, and operating performance goals for the fiscal year; and
  • (2) would not materially change any grant agreement entered into pursuant to section 24319(d), or other agreements made pursuant to applicable Federal law.
• (g)
  • (1) If Amtrak determines that a transfer between the accounts defined under subsection (b) does not meet the account management standards established under subsection (f), Amtrak may transfer funds between the Northeast Corridor and National Network accounts if—
    • (A) Amtrak notifies the Amtrak Board of Directors, including the Secretary, at least 10 days prior to the expected date of transfer; and
    • (B) solely for a transfer that will materially change a grant agreement, the Secretary approves.
  • (2) Not later than 5 days after the Amtrak Board of Directors receives notification from Amtrak under paragraph (1)(A), the Board shall transmit to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, a report that includes—
    • (A) the amount of the transfer; and
    • (B) a detailed explanation of the reason for the transfer, including—
      • (i) the effects on Amtrak services funded by the account from which the transfer is drawn, in comparison to a scenario in which no transfer was made; and
      • (ii) the effects on Amtrak services funded by the account receiving the transfer, in comparison to a scenario in which no transfer was made.
  • (3) Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a transfer under paragraph (1) to or from an account, Amtrak shall transmit to the State-Supported Route Committee and Northeast Corridor Commission a letter that includes the information described under subparagraphs (A) and (B) of paragraph (2).
• (h) Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall submit to the Secretary a report assessing the account and reporting structure established under this section and providing any recommendations for further action. Not later than 180 days after the date of receipt of such report, the Secretary shall provide an assessment that supplements Amtrak’s report and submit the Amtrak report with the supplemental assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
• (i) Notwithstanding section 24102, for purposes of this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.

§ 24318. Costs and revenues

• (a) Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs, revenues, and other compensation are appropriately allocated to the Northeast Corridor, including train services or infrastructure, or the National Network, including proportional shares of common and fixed costs.
• (b) Nothing in this section shall be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note).
• (c) Notwithstanding section 24102, for purposes of this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.

§ 24319. Grant process

• (a) Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish and transmit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives substantive and procedural requirements, including schedules, for grant requests under this section.
• (b) Amtrak shall transmit to the Secretary grant requests for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak.
• (c) A grant request under subsection (b) shall, as applicable—
  • (1) describe projected operating and capital costs for the upcoming fiscal year for Northeast Corridor activities, including train services and infrastructure, and National Network activities, including State-supported routes and long-distance routes, in comparison to prior fiscal year actual financial performance;
  • (2) describe the capital projects to be funded, with cost estimates and an estimated timetable for completion of the projects covered by the request;
  • (3) assess Amtrak’s financial condition; and
  • (4) describe the status of efforts to improve safety and security on the Northeast Corridor main line, including a description of any efforts to implement recommendations of relevant railroad safety advisory committees.
• (d)
  • (1)
    • (A) Not later than 30 days after the date that Amtrak submits a grant request under this section, the Secretary of Transportation shall complete a review of the request and provide notice to Amtrak that—
      • (i) the request is approved; or
      • (ii) the request is disapproved, including the reason for the disapproval and an explanation of any incomplete or deficient items.
    • (B) If a grant request is approved, the Secretary shall enter into a grant agreement with Amtrak.
  • (2) Not later than 15 days after the date of a notice under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary’s review.
  • (3) Not later than 15 days after the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.
• (e)
  • (1) A grant agreement entered into under subsection (d) shall specify the operations, services, and other activities to be funded by the grant. The grant agreement shall include provisions, consistent with the requirements of this chapter, to measure Amtrak’s performance and ensure accountability in delivering the operations, services, or activities to be funded by the grant.
  • (2) Except as provided in paragraph (3), in each fiscal year for which amounts are appropriated to the Secretary for the use of Amtrak, and for which the Secretary and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak on the following schedule:
    • (A) 50 percent on October 1.
    • (B) 25 percent on January 1.
    • (C) 25 percent on April 1.
  • (3) The Secretary may make a payment to Amtrak of appropriated funds—
    • (A) more frequently than the schedule under paragraph (2) if Amtrak, for good cause, requests more frequent payment before the end of a payment period; or
    • (B) with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations Act for the duration of a fiscal year.
• (f) Amounts appropriated to the Secretary for the use of Amtrak shall remain available until expended. Amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated.
• (g) Amounts appropriated to the Secretary for the use of Amtrak may not be used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation.
• (h) Notwithstanding section 24102, for purposes of this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.

§ 24320. Amtrak 5-year business line and asset plans

• (a)
  • (1) Not later than February 15 of each year, Amtrak shall submit to Congress and the Secretary of Transportation final 5-year business line plans and 5-year asset plans prepared in accordance with this section. These final plans shall form the basis for Amtrak’s general and legislative annual report to the President and Congress required by section 24315(b). Each plan shall cover a period of 5 fiscal years, beginning with the first fiscal year after the date on which the plan is completed.
  • (2) Each plan prepared under this section shall be based on funding levels authorized or otherwise available to Amtrak in a fiscal year. In the absence of an authorization or appropriation of funds for a fiscal year, the plans shall be based on the amount of funding available in the previous fiscal year, plus inflation. Amtrak may include an appendix to the asset plan required in subsection (c) that describes any funding needs in excess of amounts authorized or otherwise available to Amtrak in a fiscal year.
• (b)
  • (1) Amtrak shall prepare a 5-year business line plan for each of the following business lines and services:
    • (A) Northeast Corridor train services.
    • (B) State-supported routes operated by Amtrak.
    • (C) Long-distance routes operated by Amtrak.
    • (D) Ancillary services operated by Amtrak, including commuter operations and other revenue generating activities as determined by the Secretary in coordination with Amtrak.
  • (2) The 5-year business line plan for each business line shall include, at a minimum—
    • (A) a statement of Amtrak’s objectives, goals, and service plan for the business line, in consultation with any entities that are contributing capital or operating funding to support passenger rail services within those business lines, and aligned with Amtrak’s Strategic Plan and 5-year asset plans under subsection (c);
    • (B) all projected revenues and expenditures for the business line, including identification of revenues and expenditures incurred by—
      • (i) passenger operations;
      • (ii) non-passenger operations that are directly related to the business line; and
      • (iii) governmental funding sources, including revenues and other funding received from States;
    • (C) projected ridership levels for all passenger operations;
    • (D) estimates of long-term and short-term debt and associated principal and interest payments (both current and forecasts);
    • (E) annual profit and loss statements and forecasts and balance sheets;
    • (F) annual cash flow forecasts;
    • (G) a statement describing the methodologies and significant assumptions underlying estimates and forecasts;
    • (H) specific performance measures that demonstrate year over year changes in the results of Amtrak’s operations;
    • (I) financial performance for each route within each business line, including descriptions of the cash operating loss or contribution and productivity for each route;
    • (J) specific costs and savings estimates resulting from reform initiatives;
    • (K) prior fiscal year and projected equipment reliability statistics; and
    • (L) an identification and explanation of any major adjustments made from previously-approved plans.
  • (3) In meeting the requirements of this section, Amtrak shall—
    • (A) consult with the Secretary in the development of the business line plans;
    • (B) for the Northeast Corridor business line plan, consult with the Northeast Corridor Commission and transmit to the Commission the final plan under subsection (a)(1), and consult with other entities, as appropriate;
    • (C) for the State-supported route business line plan, consult with the State-Supported Route Committee established under section 24712;
    • (D) for the long-distance route business line plan, consult with any States or Interstate Compacts that provide funding for such routes, as appropriate;
    • (E) ensure that Amtrak’s general and legislative annual report, required under section 24315(b), to the President and Congress is consistent with the information in the 5-year business line plans; and
    • (F) identify the appropriate Amtrak officials that are responsible for each business line.
  • (4) Notwithstanding section 24102, for purposes of this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
• (c)
  • (1) Amtrak shall prepare a 5-year asset plan for each of the following asset categories:
    • (A) Infrastructure, including all Amtrak-controlled Northeast Corridor assets and other Amtrak-owned infrastructure, and the associated facilities that support the operation, maintenance, and improvement of those assets.
    • (B) Passenger rail equipment, including all Amtrak-controlled rolling stock, locomotives, and mechanical shop facilities that are used to overhaul equipment.
    • (C) Stations, including all Amtrak-controlled passenger rail stations and elements of other stations for which Amtrak has legal responsibility or intends to make capital investments.
    • (D) National assets, including national reservations, security, training and training centers, and other assets associated with Amtrak’s national rail passenger transportation system.
  • (2) Each asset plan shall include, at a minimum—
    • (A) a summary of Amtrak’s 5-year strategic plan for each asset category, including goals, objectives, any relevant performance metrics, and statutory or regulatory actions affecting the assets;
    • (B) an inventory of existing Amtrak capital assets, to the extent practicable, including information regarding shared use or ownership, if applicable;
    • (C) a prioritized list of proposed capital investments that—
      • (i) categorizes each capital project as being primarily associated with—
        • (I) normalized capital replacement;
        • (II) backlog capital replacement;
        • (III) improvements to support service enhancements or growth;
        • (IV) strategic initiatives that will improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; or
        • (V) statutory, regulatory, or other legal mandates;
      • (ii) identifies each project or program that is associated with more than 1 category described in clause (i); and
      • (iii) describes the anticipated business outcome of each project or program identified under this subparagraph, including an assessment of—
        • (I) the potential effect on passenger operations, safety, reliability, and resilience;
        • (II) the potential effect on Amtrak’s ability to meet regulatory requirements if the project or program is not funded; and
        • (III) the benefits and costs; and
    • (D) annual profit and loss statements and forecasts and balance sheets for each asset category.
  • (3) In meeting the requirements of this subsection, Amtrak shall—
    • (A) consult with each business line described in subsection (b)(1) in the preparation of each 5-year asset plan and ensure integration of each 5-year asset plan with the 5-year business line plans;
    • (B) as applicable, consult with the Northeast Corridor Commission, the State-Supported Route Committee, and owners of assets affected by 5-year asset plans; and
    • (C) identify the appropriate Amtrak officials that are responsible for each asset category.
  • (4) The Secretary shall—
    • (A) evaluate the costs and scope of all national assets; and
    • (B) determine the activities and costs that are—
      • (i) required in order to ensure the efficient operations of a national rail passenger system;
      • (ii) appropriate for allocation to 1 of the other Amtrak business lines; and
      • (iii) extraneous to providing an efficient national rail passenger system or are too costly relative to the benefits or performance outcomes they provide.
  • (5) In this section, the term “national assets” means the Nation’s core rail assets shared among Amtrak services, including national reservations, security, training and training centers, and other assets associated with Amtrak’s national rail passenger transportation system.
  • (6) Not later than 1 year after the date of completion of the evaluation under paragraph (4), the Administrator of the Federal Railroad Administration, in consultation with the Amtrak Board of Directors, the governors of each relevant State, and the Mayor of the District of Columbia, or their designees, shall restructure or reallocate, or both, the national assets costs in accordance with the determination under that section, including making appropriate updates to Amtrak’s cost accounting methodology and system.
  • (7)
    • (A) Upon written request from the Amtrak Board of Directors, the Secretary may exempt Amtrak from including in a plan required under this subsection any information described in paragraphs (1) and (2).
    • (B) The Secretary shall make available to the public on the Department’s Internet Web site any exemption granted under subparagraph (A) and a detailed justification for granting such exemption.
    • (C) Amtrak shall include in the plan required under this subsection any request granted under subparagraph (A) and justification under subparagraph (B).
• (d) In preparing plans under this section, Amtrak shall—
  • (1) apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices; and
  • (2) use the categories specified in the financial accounting and reporting system developed under section 203 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note).

§ 24321. Food and beverage reform

• (a) Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall develop and begin implementing a plan to eliminate, within 5 years of such date of enactment, the operating loss associated with providing food and beverage service on board Amtrak trains.
• (b) In developing and implementing the plan, Amtrak shall consider a combination of cost management and revenue generation initiatives, including—
  • (1) scheduling optimization;
  • (2) on-board logistics;
  • (3) product development and supply chain efficiency;
  • (4) training, awards, and accountability;
  • (5) technology enhancements and process improvements; and
  • (6) ticket revenue allocation.
• (c) Amtrak shall ensure that no Amtrak employee holding a position as of the date of enactment of the Passenger Rail Reform and Investment Act of 2015 is involuntarily separated because of—
  • (1) the development and implementation of the plan required under subsection (a); or
  • (2) any other action taken by Amtrak to implement this section.
• (d) Not later than 120 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, and annually thereafter for 5 years, Amtrak shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the plan developed pursuant to subsection (a) and a description of progress in the implementation of the plan.

§ 24322. Rolling stock purchases

• (a) Prior to entering into any contract in excess of $100,000,000 for rolling stock and locomotive procurements Amtrak shall submit a business case analysis to the Secretary of Transportation, the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, on the utility of such procurements.
• (b) The business case analysis shall—
  • (1) include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors;
  • (2) set forth the total payments by fiscal year;
  • (3) identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding;
  • (4) include an explanation of whether any payment under the contract will increase Amtrak’s funding request in its general and legislative annual report required under section 24315(b) in a particular fiscal year; and
  • (5) describe how Amtrak will adjust the procurement if future funding is not available.
• (c) Nothing in this section shall be construed as requiring Amtrak to disclose confidential information regarding a potential vendor’s proposed pricing or other sensitive business information prior to contract execution or prohibiting Amtrak from entering into a contract after submission of a business case analysis under subsection (a).