(a) Findings.—(1) Public convenience and necessity require that Amtrak, to the extent its budget allows, provide modern, cost-efficient, and energy-efficient intercity rail passenger transportation throughout the United States.
(2) Rail passenger transportation can help alleviate overcrowding of airways and airports and on highways.
(3) A traveler in the United States should have the greatest possible choice of transportation most convenient to the needs of the traveler.
(4) A greater degree of cooperation is necessary among Amtrak, other rail carriers, State, regional, and local governments, the private sector, labor organizations, and suppliers of services and equipment in order to meet the intercity passenger rail needs of the United States.
(5) Modern and efficient intercity passenger and commuter rail passenger transportation is important to the viability and well-being of major urban and rural areas and to the energy conservation and self-sufficiency goals of the United States.
(6) As a rail passenger transportation entity, Amtrak should be available to operate commuter rail passenger transportation through its subsidiary, Amtrak Commuter, under contract with commuter authorities that do not provide the transportation themselves as part of the governmental function of the State.
(7) The Northeast Corridor is a valuable resource of the United States used by intercity and commuter rail passenger transportation and freight transportation.
(8) Greater coordination between intercity and commuter rail passenger transportation is required.
(9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities.
(b) Mission.—The mission of Amtrak is to provide efficient and effective intercity passenger rail mobility consisting of high quality service that is trip-time competitive with other intercity travel options and that is consistent with the goals set forth in subsection (c).
(c) Goals.—Amtrak shall—(1) use its best business judgment in acting to maximize the benefits of Federal investments, including—(A) offering competitive fares;
(B) increasing revenue from the transportation of mail and express;
(C) offering food service that meets the needs of its customers;
(D) improving its contracts with rail carriers over whose tracks Amtrak operates;
(E) controlling or reducing management and operating costs; and
(F) providing economic benefits to the communities it serves;
(2) minimize Government subsidies by encouraging State, regional, and local governments and the private sector, separately or in combination, to share the cost of providing rail passenger transportation, including the cost of operating facilities;
(3) carry out strategies to achieve immediately maximum productivity and efficiency consistent with safe and efficient transportation;
(4) operate Amtrak trains, to the maximum extent feasible, to all station stops within 15 minutes of the time established in public timetables;
(5) develop transportation on rail corridors subsidized by States and private parties;
(6) implement schedules based on a systemwide average speed of at least 60 miles an hour that can be achieved with a degree of reliability and passenger comfort;
(7) encourage rail carriers to assist in improving intercity rail passenger transportation;
(8) improve generally the performance of Amtrak through comprehensive and systematic operational programs and employee incentives;
(9) provide additional or complementary intercity transportation service to ensure mobility in times of national disaster or other instances where other travel options are not adequately available;
(10) carry out policies that ensure equitable access to the Northeast Corridor by intercity and commuter rail passenger transportation;
(11) coordinate the uses of the Northeast Corridor, particularly intercity and commuter rail passenger transportation;
(12) maximize the use of its resources, including the most cost-effective use of employees, facilities, and real property; and
(13) support and maintain established long-distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural communities.
(d) Increasing Revenues.—Amtrak is encouraged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and designed to generate additional revenues to advance the goals described in subsection (c).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 899; Pub. L. 105–134, title I, § 105(b), title II, § 201, Dec. 2, 1997, 111 Stat. 2573, 2578; Pub. L. 110–432, div. B, title II, §§ 201(e)(1), 218(a)(1), Oct. 16, 2008, 122 Stat. 4910, 4930; Pub. L. 114–94, div. A, title XI, § 11316(l), Dec. 4, 2015, 129 Stat. 1678; Pub. L. 117–58, div. B, title II, § 22201, Nov. 15, 2021, 135 Stat. 696.)
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
24101(a)45:501.Oct. 30, 1970, Pub. L. 91–518, § 101, 84 Stat. 1328; Sept. 29, 1979, Pub. L. 96–73, § 102, 93 Stat. 537; restated Aug. 13, 1981, Pub. L. 97–35, § 1171, 95 Stat. 687.
24101(b)45:541 (2d sentence words after 1st comma).Oct. 30, 1970, Pub. L. 91–518, § 301 (2d sentence words after 1st comma), 84 Stat. 1330; Aug. 13, 1981, Pub. L. 97–35, § 1188(a), 95 Stat. 699.
24101(c)45:501a (less (14) (last sentence)).Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 102; added Sept. 29, 1979, Pub. L. 96–73, § 103(a), 93 Stat. 537; Aug. 13, 1981, Pub. L. 97–35, § 1172, 95 Stat. 688.
24101(d)45:501a(14) (last sentence).
In this part, the word “Amtrak” is substituted for “National Railroad Passenger Corporation”, and the words “Amtrak Commuter” are substituted for “Amtrak Commuter Services Corporation”, to reflect the more current and commonly used names of the entities. The words “rail transportation” are substituted for “rail service” and “rail services”, the word “transportation” is substituted for “service” where appropriate, and the word “authority” is substituted for “agency”, as being more appropriate and for consistency in the revised title and with other titles of the United States Code. The words “rail carrier” are substituted for “railroad” because of the definitions of “rail carrier” and “railroad” in 49:10102.
In subsection (a), the words “The Congress finds that the” and “The Congress further finds that” are omitted as surplus.
In subsection (a)(3), the words “greatest possible choice of” are substituted for “to the maximum extent feasible . . . the freedom to choose the mode of” to eliminate unnecessary words.
In subsection (c), before clause (1), the words “Amtrak shall” are substituted for “The Congress hereby establishes the following goals for Amtrak” to eliminate unnecessary words. The text of 45:501a(3) and (4) is omitted as executed. The text of 45:501a(9) is omitted as obsolete because there no longer are any technical assistance panels. In clause (2), the words “stations and other” are omitted as surplus. In clause (4), the words “for such operation” are omitted as surplus. In clause (10), the word “various” is omitted as surplus. In clause (11), the words “real property” are substituted for “real estate” for consistency in the revised title and with other titles of the Code.
Editorial Notes
Amendments2021—Subsec. (a)(1). Pub. L. 117–58, § 22201(a)(1), substituted “throughout” for “between crowded urban areas and in other areas of”.
Subsec. (a)(4). Pub. L. 117–58, § 22201(a)(2), substituted “in order to meet the intercity passenger rail needs of the United States” for “to Amtrak to achieve a performance level sufficient to justify expending public money”.
Subsec. (a)(5). Pub. L. 117–58, § 22201(a)(3), inserted “intercity passenger and” before “commuter” and “and rural” after “major urban”.
Subsec. (a)(9). Pub. L. 117–58, § 22201(a)(4), added par. (9).
Subsec. (c)(1). Pub. L. 117–58, § 22201(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “use its best business judgment in acting to minimize United States Government subsidies, including—
“(A) increasing fares;
“(B) increasing revenue from the transportation of mail and express;
“(C) reducing losses on food service;
“(D) improving its contracts with operating rail carriers;
“(E) reducing management costs; and
“(F) increasing employee productivity;”.
Subsec. (c)(13). Pub. L. 117–58, § 22201(b)(2)–(4), added par. (13).
Subsec. (d). Pub. L. 117–58, § 22201(c), amended subsec. (d) generally. Prior to amendment, text read as follows: “To carry out subsection (c)(12) of this section, Amtrak is encouraged to make agreements with the private sector and undertake initiatives that are consistent with good business judgment and designed to maximize its revenues and minimize Government subsidies. Amtrak shall prepare a financial plan, consistent with section 204 of the Passenger Rail Investment and Improvement Act of 2008, including the budgetary goals for fiscal years 2009 through 2013. Amtrak and its Board of Directors shall adopt a long-term plan that minimizes the need for Federal operating subsidies.”
2015—Subsec. (b). Pub. L. 114–94 substituted “set forth in subsection (c)” for “of subsection (d)”.
2008—Pub. L. 110–432, § 201(e)(1)(A), substituted “mission” for “purpose” in section catchline.
Subsec. (b). Pub. L. 110–432, § 201(e)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “By using innovative operating and marketing concepts, Amtrak shall provide intercity and commuter rail passenger transportation that completely develops the potential of modern rail transportation to meet the intercity and commuter passenger transportation needs of the United States.”
Subsec. (c)(9) to (12). Pub. L. 110–432, § 201(e)(1)(C), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.
Subsec. (d). Pub. L. 110–432, § 218(a)(1)(B), substituted “Amtrak and its Board of Directors shall adopt a long-term plan that minimizes the need for Federal operating subsidies.” for “Commencing no later than the fiscal year following the fifth anniversary of the Amtrak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.”
Pub. L. 110–432, § 218(a)(1)(A), which directed substitution of “plan, consistent with section 204 of the Passenger Rail Investment and Improvement Act of 2008, including the budgetary goals for fiscal years 2009 through 2013.” for “plan to operate within the funding levels authorized by section 24104 of this chapter, including the budgetary goals for fiscal years 1998 through 2002.” was executed by making the substitution for “plan to operate within the funding levels authorized by section 24104 of this chapter, including budgetary goals for fiscal years 1998 through 2002.” to reflect the probable intent of Congress.
Pub. L. 110–432, § 201(e)(1)(D), substituted “subsection (c)(12)” for “subsection (c)(11)”.
1997—Subsec. (c)(2). Pub. L. 105–134, § 105(b), inserted “, separately or in combination,” after “and the private sector”.
Subsec. (d). Pub. L. 105–134, § 201, inserted at end “Amtrak shall prepare a financial plan to operate within the funding levels authorized by section 24104 of this chapter, including budgetary goals for fiscal years 1998 through 2002. Commencing no later than the fiscal year following the fifth anniversary of the Amtrak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amtrak To Continue To Provide Non-High-Speed ServicesPub. L. 110–432, div. B, title II, § 201(c), Oct. 16, 2008, 122 Stat. 4910, provided that: “Nothing in this division [see Short Title of 2008 Amendment note set out under section 20101 of this title] is intended to preclude Amtrak from restoring, improving, or developing non-high-speed intercity passenger rail service.”
Amtrak Reform and Operational ImprovementsPub. L. 110–432, div. B, title II, §§ 203–209, Oct. 16, 2008, 122 Stat. 4912–4917, as amended by Pub. L. 114–94, div. A, title XI, §§ 11006(b)(2), 11202(c)(1), 11203(d), 11204(b)(2), 11206, 11214, Dec. 4, 2015, 129 Stat. 1624, 1630, 1634, 1637, 1644; Pub. L. 117–58, div. B, title I, § 21301(j)(4)(E), Nov. 15, 2021, 135 Stat. 693, provided that:
On-Board Service ImprovementsPub. L. 110–432, div. B, title II, § 222, Oct. 16, 2008, 122 Stat. 4932, provided that:
“(a) In General.—Within 1 year after metrics and standards are established under section 207 of this division [set out above], Amtrak shall develop and implement a plan to improve on-board service pursuant to the metrics and standards for such service developed under that section.
“(b) Report.—Amtrak shall provide a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the on-board service improvements proscribed in the plan and the timeline for implementing such improvements.”
Next Generation Corridor Train EquipmentPub. L. 110–432, div. B, title III, § 305, Oct. 16, 2008, 122 Stat. 4951, as amended by Pub. L. 114–94, div. A, title XI, § 11315(b), Dec. 4, 2015, 129 Stat. 1675, provided that:
“(a) In General.—Within 180 days after the date of enactment of this Act [Oct. 16, 2008], Amtrak shall establish a Next Generation Corridor Equipment Pool Committee, comprised of representatives of Amtrak, the Federal Railroad Administration, host freight railroad companies, passenger railroad equipment manufacturers, nonprofit organizations representing employees who perform overhaul and maintenance of passenger railroad equipment, interested States, and, as appropriate, other passenger railroad operators. The purpose of the Committee shall be to design, develop specifications for, and procure standardized next-generation corridor equipment.
“(b) Functions.—The Committee may—“(1) determine the number of different types of equipment required, taking into account variations in operational needs and corridor infrastructure;
“(2) establish a pool of equipment to be used on corridor routes funded by participating States; and
“(3) subject to agreements between Amtrak and States, utilize services provided by Amtrak to design, maintain and remanufacture equipment.
“(c) Cooperative Agreements.—Amtrak and States participating in the Committee may enter into agreements for the funding, procurement, remanufacture, ownership, and management of corridor equipment, including equipment currently owned or leased by Amtrak and next-generation corridor equipment acquired as a result of the Committee’s actions.
“(d) Funding.—In addition to the authorizations provided in this section, capital projects to carry out the purposes of this section shall be eligible for grants made pursuant to chapter 244 [now 229] of title 49, United States Code.
“(e) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary [of Transportation] $5,000,000 for fiscal year 2010, to remain available until expended, for grants to Amtrak and States participating in the Next Generation Corridor Train Equipment Pool Committee established under this section for the purpose of designing, developing specifications for, and initiating the procurement of an initial order of 1 or more types of standardized next-generation corridor train equipment.”
Fair Competitive Bidding for State-Supported Intercity Rail ServicePub. L. 108–447, div. H, title I, § 150, Dec. 8, 2004, 118 Stat. 3221, which provided that for the purpose of assisting State-supported intercity rail service, in order to demonstrate whether competition would provide higher quality rail passenger service at reasonable prices, the Secretary of Transportation, working with affected States, was to develop and implement a procedure for fair competitive bidding by Amtrak and non-Amtrak operators for State-supported routes, was from the Consolidated Appropriations Act, 2005, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–199, div. F, title I, § 151, Jan. 23, 2004, 118 Stat. 303.
Amtrak FindingsPub. L. 105–134, § 2, Dec. 2, 1997, 111 Stat. 2571, provided that:
“The Congress finds that—
“(1) intercity rail passenger service is an essential component of a national intermodal passenger transportation system;
“(2) Amtrak is facing a financial crisis, with growing and substantial debt obligations severely limiting its ability to cover operating costs and jeopardizing its long-term viability;
“(3) immediate action is required to improve Amtrak’s financial condition if Amtrak is to survive;
“(4) all of Amtrak’s stakeholders, including labor, management, and the Federal Government, must participate in efforts to reduce Amtrak’s costs and increase its revenues;
“(5) additional flexibility is needed to allow Amtrak to operate in a businesslike manner in order to manage costs and maximize revenues;
“(6) Amtrak should ensure that new management flexibility produces cost savings without compromising safety;
“(7) Amtrak’s management should be held accountable to ensure that all investment by the Federal Government and State governments is used effectively to improve the quality of service and the long-term financial health of Amtrak;
“(8) Amtrak and its employees should proceed quickly with proposals to modify collective bargaining agreements to make more efficient use of manpower and to realize cost savings which are necessary to reduce Federal financial assistance;
“(9) Amtrak and intercity bus service providers should work cooperatively and develop coordinated intermodal relationships promoting seamless transportation services which enhance travel options and increase operating efficiencies;
“(10) Amtrak’s Strategic Business Plan calls for the establishment of a dedicated source of capital funding for Amtrak in order to ensure that Amtrak will be able to fulfill the goals of maintaining—“(A) a national passenger rail system; and
“(B) that system without Federal operating assistance; and
“(11) Federal financial assistance to cover operating losses incurred by Amtrak should be eliminated by the year 2002.”
Fiscal AccountabilityPub. L. 105–134, title II, §§ 202–205, Dec. 2, 1997, 111 Stat. 2578–2582, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–432, div. B, title II, § 218(a)(2), Oct. 16, 2008, 122 Stat. 4930, provided that:
Limitation on Use of Tax RefundPub. L. 105–134, title II, § 209, Dec. 2, 1997, 111 Stat. 2584, provided that:
“(a) In General.—Amtrak may not use any amount received under section 977 of the Taxpayer Relief Act of 1997 [Pub. L. 105–34, 26 U.S.C. 172 note]—“(1) for any purpose other than making payments to non-Amtrak States (pursuant to section 977(c) of that Act), or the financing of qualified expenses (as that term is defined in section 977(e)(1) of that Act); or
“(2) to offset other amounts used for any purpose other than the financing of such expenses.
“(b) Report by ARC.—The Amtrak Reform Council shall report quarterly to the Congress on the use of amounts received by Amtrak under section 977 of the Taxpayer Relief Act of 1997.”
Interstate Rail CompactsPub. L. 105–134, title IV, § 410, Dec. 2, 1997, 111 Stat. 2587, as amended by Pub. L. 117–58, div. B, title II, § 22306(c), Nov. 15, 2021, 135 Stat. 724, provided that:
“(a) Consent to Compacts.—Congress grants consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate compacts to promote the provision of the service, including—“(1) retaining an existing service or commencing a new service;
“(2) assembling rights-of-way; and
“(3) performing capital improvements, including—“(A) the construction and rehabilitation of maintenance facilities;
“(B) the purchase of locomotives; and
“(C) operational improvements, including communications, signals, and other systems.
“(b) Financing.—An interstate compact established by States under subsection (a) may provide that, in order to carry out the compact, the States may—“(1) accept contributions from a unit of State or local government or a person;
“(2) use any Federal or State funds made available for intercity passenger rail service;
“(3) on such terms and conditions as the States consider advisable—“(A) borrow money on a short-term basis and issue notes for the borrowing; and
“(B) issue bonds; and
“(4) obtain financing by other means permitted under Federal or State law.
“(c) Notification Requirement.—Any State that enters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact.
“(d) Interstate Rail Compacts Program.—The Secretary of Transportation shall—“(1) make available on a publicly accessible website a list of interstate rail compacts established under subsection (a) before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 [Nov. 15, 2021] and interstate rail compacts established after such date; and
“(2) make information regarding interstate rail compacts available to the public, including how States may establish interstate rail compacts under subsection (a), and update such information, as necessary.”
Definition
Pub. L. 110–432, div. B, § 3, Oct. 16, 2008, 122 Stat. 4908, provided that: “In this division [see Short Title of 2008 Amendment note set out under section 20101 of this title], the term ‘Secretary’ means the Secretary of Transportation.”