§ 24701. National rail passenger transportation system

Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service.

§ 24702. Transportation requested by States, authorities, and other persons

• (a) Amtrak may enter into a contract with a State, a regional or local authority, or another person for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree.
• (b) Upon termination of a contract entered into under this section, or the cessation of financial support under such a contract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law.

§ 24706. Discontinuance

• (a)
  • (1) Except as provided in subsection (b) of this section, at least 180 days before discontinuing service over a route, Amtrak shall give notice of the discontinuance in the way Amtrak decides will give a State, a regional or local authority, or another person the opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued.
  • (2) Notice of the discontinuance under paragraph (1) shall be posted in all stations served by the train to be discontinued at least 14 days before the discontinuance.
• (b)
  • (1) Amtrak may discontinue service under subsection (a)(1) during—
    • (A) the first month of a fiscal year if the authorization of appropriations and the appropriations for Amtrak are not enacted at least 90 days before the beginning of the fiscal year; and
    • (B) the 30 days following enactment of an appropriation for Amtrak or a rescission of an appropriation.
  • (2) Amtrak shall notify each affected State or regional or local transportation authority of a discontinuance under this subsection as soon as possible after Amtrak decides to discontinue the service.
• (c) This section applies to all service over routes provided by Amtrak, notwithstanding any provision of section 24701 of this title or any other provision of this title except section 24702(b).

§ 24709. International transportation

Amtrak may develop and operate international intercity rail passenger transportation between the United States and Canada and between the United States and Mexico. The Secretary of Homeland Security, in cooperation with Amtrak, shall maintain, consistent with the effective enforcement of the immigration and customs laws, en route customs inspection and immigration procedures for international intercity rail passenger transportation that will—

• (1) be convenient for passengers; and
• (2) result in the quickest possible international intercity rail passenger transportation.

§ 24710. Long-distance routes

• (a) Using the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008, Amtrak shall—
  • (1) evaluate annually the financial and operating performance of each long-distance passenger rail route operated by Amtrak; and
  • (2) rank the overall performance of such routes for 2008 and identify each long-distance passenger rail route operated by Amtrak in 2008 according to its overall performance as belonging to the best performing third of such routes, the second best performing third of such routes, or the worst performing third of such routes.
• (b) Amtrak shall develop and post on its website a performance improvement plan for its long-distance passenger rail routes to achieve financial and operating improvements based on the data collected through the application of the financial and performance metrics developed under section 207 of that Act. The plan shall address—
  • (1) on-time performance;
  • (2) scheduling, frequency, routes, and stops;
  • (3) the feasibility of restructuring service into connected corridor service;
  • (4) performance-related equipment changes and capital improvements;
  • (5) on-board amenities and service, including food, first class, and sleeping car service;
  • (6) State or other non-Federal financial contributions;
  • (7) improving financial performance;
  • (8) anticipated Federal funding of operating and capital costs; and
  • (9) other aspects of Amtrak’s long-distance passenger rail routes that affect the financial, competitive, and functional performance of service on Amtrak’s long-distance passenger rail routes.
• (c) Amtrak shall implement the performance improvement plan developed under subsection (b)—
  • (1) beginning in fiscal year 2010 for those routes identified as being in the worst performing third under subsection (a)(2);
  • (2) beginning in fiscal year 2011 for those routes identified as being in the second best performing third under subsection (a)(2); and
  • (3) beginning in fiscal year 2012 for those routes identified as being in the best performing third under subsection (a)(2).
• (d) The Federal Railroad Administration shall monitor the development, implementation, and outcome of improvement plans under this section. If the Federal Railroad Administration determines that Amtrak is not making reasonable progress in implementing its performance improvement plan or, after the performance improvement plan is implemented under subsection (c)(1) in accordance with the terms of that plan, Amtrak has not achieved the outcomes it has established for such routes, under the plan for any calendar year, the Federal Railroad Administration—
  • (1) shall notify Amtrak, the Inspector General of the Department of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate of its determination under this subsection;
  • (2) shall provide Amtrak with an opportunity for a hearing with respect to that determination; and
  • (3) may withhold appropriated funds otherwise available to Amtrak for the operation of a route or routes from among the worst performing third of routes currently served by Amtrak on which Amtrak is not making reasonable progress, other than funds made available for passenger safety or security measures.

§ 24711. Competitive passenger rail service pilot program

• (a) Not later than 18 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall promulgate a rule to implement a pilot program for competitive selection of eligible petitioners described in subsection (b)(3) in lieu of Amtrak to operate not more than 3 long-distance routes (as defined in section 24102) operated by Amtrak on the date of enactment of such Act.
• (b)
  • (1) The pilot program shall—
    • (A) allow a petitioner described in paragraph (3) to petition the Secretary to provide intercity rail passenger transportation over a long-distance route described in subsection (a) for an operation period of 4 years from the date of commencement of service by the winning bidder and, at the option of the Secretary, consistent with the rule promulgated under subsection (a), allow the contract to be renewed for 1 additional operation period of 4 years;
    • (B) require the Secretary to—
      • (i) notify the petitioner and Amtrak of receipt of the petition under subparagraph (A) and to publish in the Federal Register a notice of receipt not later than 30 days after the date of receipt;
      • (ii) establish a deadline, of not more than 120 days after the notice of receipt is published in the Federal Register under clause (i), by which both the petitioner and Amtrak, if Amtrak chooses to do so, would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route; and
      • (iii) upon selecting a winning bid, publish in the Federal Register the identity of the winning bidder, the long distance route that the bidder will operate, a detailed justification of the reasons why the Secretary selected the bid, and any other information the Secretary determines appropriate for public comment for a reasonable period of time not to exceed 30 days after the date on which the Secretary selects the bid;
    • (C) require that each bid—
      • (i) describe the capital needs, financial projections, and operational plans, including staffing plans, for the service, and such other factors as the Secretary considers appropriate; and
      • (ii) be made available by the winning bidder to the public after the bid award with any appropriate redactions for confidential or proprietary information;
    • (D) for a route that receives funding from a State or States, require that for each bid received from a petitioner described in paragraph (3), other than such State or States, the Secretary have the concurrence of the State or States that provide funding for that route; and
    • (E) for a winning bidder that is not or does not include Amtrak, require the Secretary to execute a contract not later than 270 days after the deadline established under subparagraph (B)(ii) and award to the winning bidder—
      • (i) subject to paragraphs (4) and (5), the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the Secretary may require; and
      • (ii) an operating subsidy, as determined by the Secretary, for—
        • (I) the first year at a level that does not exceed 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and
        • (II) any subsequent years at the level calculated under subclause (I), adjusted for inflation.
  • (2) The requirements under paragraph (1)(E), including the amounts of operating subsidies in the first and any subsequent years under paragraph (1)(E)(ii), shall not apply to a winning bidder that is or includes Amtrak.
  • (3) The following parties are eligible to submit petitions under paragraph (1):
    • (A) A rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route, or another rail carrier that has a written agreement with a rail carrier or rail carriers that own such infrastructure.
    • (B) A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation with a written agreement with the rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation.
    • (C) A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation and a rail carrier with a written agreement with another rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation.
  • (4) The performance standards required under paragraph (1)(E)(i) shall meet or exceed the performance required of or achieved by Amtrak on the applicable route during the last fiscal year.
  • (5) Unless the winning bidder already has applicable access rights or agreements in place or includes a rail carrier that owns the infrastructure used in the operation of the route, a winning bidder that is not or does not include Amtrak shall enter into a written agreement governing access issues between the winning bidder and the rail carrier or rail carriers that own the infrastructure over which the winning bidder would operate and that host or would host the intercity rail passenger transportation.
• (c) If the Secretary awards the right and obligation to provide intercity rail passenger transportation over a route described in this section to an eligible petitioner—
  • (1) the Secretary shall, if necessary to carry out the purposes of this section, require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities directly related to operations of the awarded routes to the eligible petitioner awarded a contract under this section, in accordance with subsection (g);
  • (2) an employee of any person, except as provided in a collective bargaining agreement, used by such eligible petitioner in the operation of a route under this section shall be considered an employee of that eligible petitioner and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak; and
  • (3) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder, and shall be subject to the grant conditions under section 22905.
• (d) If an eligible petitioner awarded a route under this section ceases to operate the service or fails to fulfill an obligation under a contract required under subsection (b)(1)(E), the Secretary, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including—
  • (1) the installment of an interim rail carrier;
  • (2) providing to the interim rail carrier under paragraph (1) an operating subsidy necessary to provide service; and
  • (3) rebidding the contract to operate the intercity rail passenger transportation.
• (e)
  • (1) The Secretary shall provide to a winning bidder that is not or does not include Amtrak and that is selected under this section any appropriations withheld under section 11101(e) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, necessary to cover the operating subsidy described in subsection (b)(1)(E)(ii).
  • (2) If the Secretary selects a winning bidder that is not or does not include Amtrak, the Secretary shall provide to Amtrak an appropriate portion of the appropriations under section 11101(b) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, to cover any cost directly attributable to the termination of Amtrak service on the route and any indirect costs to Amtrak imposed on other Amtrak routes as a result of losing service on the route operated by the winning bidder. Any amount provided by the Secretary to Amtrak under this paragraph shall not be deducted from or have any effect on the operating subsidy described in subsection (b)(1)(E)(ii).
• (f) If the Secretary does not promulgate the final rule before the deadline under subsection (a), the Secretary shall, not later than 19 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 and every 90 days thereafter until the rule is complete, notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives in writing—
  • (1) the reasons why the rule has not been issued;
  • (2) a plan for completing the rule as soon as reasonably practicable; and
  • (3) the estimated date of completion of the rule.
• (g)
  • (1) If Amtrak and the eligible petitioner awarded a route under this section cannot agree upon terms to carry out subsection (c)(1), either party may petition the Surface Transportation Board for a determination as to—
    • (A) whether access to Amtrak’s facility or equipment, or the provisions of services by Amtrak, is necessary under subsection (c)(1); and
    • (B) whether the operation of Amtrak’s other services will not be unreasonably impaired by such access.
  • (2) If the Surface Transportation Board determines access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary under paragraph (1)(A) and the operation of Amtrak’s other services will not be unreasonably impaired under paragraph (1)(B), the Board shall issue an order that—
    • (A) requires Amtrak to provide the applicable facilities, equipment, and services; and
    • (B) determines reasonable compensation, liability, and other terms for the use of the facilities and equipment and the provision of the services.
• (h) Not more than 3 long-distance routes may be selected under this section for operation by a winning bidder that is not or does not include Amtrak.
• (i) Nothing in this section shall be construed as prohibiting a State from introducing competition for intercity rail passenger transportation or services on its State-supported route or routes.
• (j) Nothing in this section shall affect Amtrak’s access rights to railroad rights-of-way and facilities.

§ 24712. State-supported routes operated by Amtrak

• (a)
  • (1) Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish the State-Supported Route Committee (referred to in this section as the “Committee”) to promote mutual cooperation and planning pertaining to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-supported routes and to further implement section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note).
  • (2)
    • (A) The Committee shall consist of—
      • (i) members representing Amtrak;
      • (ii) members representing the Department of Transportation, including the Federal Railroad Administration; and
      • (iii) members representing States.
    • (B) The Committee may invite and accept other non-voting members to participate in Committee activities, as appropriate.
  • (3) The Committee shall establish a bloc voting system under which, at a minimum—
    • (A) there are 3 separate voting blocs to represent the Committee’s voting members, including—
      • (i) 1 voting bloc to represent the members described in paragraph (2)(A)(i);
      • (ii) 1 voting bloc to represent the members described in paragraph (2)(A)(ii); and
      • (iii) 1 voting bloc to represent the members described in paragraph (2)(A)(iii);
    • (B) each voting bloc has 1 vote;
    • (C) the vote of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support of at least two-thirds of that voting bloc’s members; and
    • (D) the Committee makes decisions by unanimous consent of the 3 voting blocs.
  • (4) The Committee shall convene a meeting and shall define and implement the rules and procedures governing the Committee’s proceedings not later than 180 days after the date of establishment of the Committee by the Secretary. The rules and procedures shall—
    • (A) incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph (3); and
    • (B) be adopted in accordance with such decisionmaking procedures.
  • (5) Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members.
  • (6)
    • (A) Subject to subparagraph (B), the Committee may amend the cost allocation methodology required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note).
    • (B) The rules and procedures implemented under paragraph (4) shall include procedures for changing the cost allocation methodology.
    • (C) The cost allocation methodology shall—
      • (i) ensure equal treatment in the provision of like services of all States and groups of States; and
      • (ii) allocate to each route the costs incurred only for the benefit of that route and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 route.
• (b) Not later than April 15, 2016 , and monthly thereafter, Amtrak shall provide to each State that sponsors a State-supported route a monthly invoice of the cost of operating such route, including fixed costs and third-party costs. The Committee shall determine the frequency and contents of financial and performance reports that Amtrak shall provide to the States, as well as the planning and demand reports that the States shall provide to Amtrak.
• (c)
  • (1) If a dispute arises with respect to the rules and procedures implemented under subsection (a)(4), an invoice or a report provided under subsection (b), implementation or compliance with the cost allocation methodology developed under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note) or amended under subsection (a)(6) of this section, either Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection.
  • (2) The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this subsection, which may include provision of professional mediation services.
  • (3) A decision of the Surface Transportation Board under this subsection shall be binding on the parties to the dispute.
  • (4) Nothing in this subsection shall affect the obligation of a State to pay an amount not in dispute.
• (d)
  • (1) The Secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route.
  • (2) From among available funds, the Secretary shall provide—
    • (A) financial assistance to Amtrak or 1 or more States to perform requested independent technical analysis of issues before the Committee; and
    • (B) administrative expenses that the Secretary determines necessary.
• (e) In negotiating a contract for operation of a State-supported route, Amtrak and the State or States that sponsor the route shall consider including provisions that provide penalties and incentives for performance.
• (f)
  • (1) The Committee shall develop a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, such as host railroads, in meeting the identified goals and objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement.
  • (2) Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement developed under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
• (g) The decisions of the Committee—
  • (1) shall pertain to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-sponsored routes; and
  • (2) shall not pertain to the rail operations or related activities of services operated by other rail carriers on State-supported routes.
• (h) In this section, the term “State” means any of the 50 States, including the District of Columbia, that sponsor the operation of trains by Amtrak on a State-supported route, or a public entity that sponsors such operation on such a route.