
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC24902]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
           CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
 
Sec. 24902. Goals and requirements

    (a) Managing Costs and Revenues.--Amtrak shall manage its operating 
costs, pricing policies, and other factors with the goal of having 
revenues derived each fiscal year from providing intercity rail 
passenger transportation over the Northeast Corridor route between the 
District of Columbia and Boston, Massachusetts, equal at least the 
operating costs of providing that transportation in that fiscal year.
    (b) Priorities in Selecting and Scheduling Projects.--When selecting 
and scheduling specific projects, Amtrak shall apply the following 
considerations, in the following order of priority:
        (1) Safety-related items should be completed before other items 
    because the safety of the passengers and users of the Northeast 
    Corridor is paramount.
        (2) Activities that benefit the greatest number of passengers 
    should be completed before activities involving fewer passengers.
        (3) Reliability of intercity rail passenger transportation must 
    be emphasized.
        (4) Trip-time requirements of this section must be achieved to 
    the extent compatible with the priorities referred to in paragraphs 
    (1)-(3) of this subsection.
        (5) Improvements that will pay for the investment by achieving 
    lower operating or maintenance costs should be carried out before 
    other improvements.
        (6) Construction operations should be scheduled so that the 
    fewest possible passengers are inconvenienced, transportation is 
    maintained, and the on-time performance of Northeast Corridor 
    commuter rail passenger and rail freight transportation is 
    optimized.
        (7) Planning should focus on completing activities that will 
    provide immediate benefits to users of the Northeast Corridor.

    (c) Compatibility With Future Improvements and Production of Maximum 
Labor Benefits.--Improvements under this section shall be compatible 
with future improvements in transportation and shall produce the maximum 
labor benefit from hiring individuals presently unemployed.
    (d) Automatic Train Control Systems.--A train operating on the 
Northeast Corridor main line or between the main line and Atlantic City 
shall be equipped with an automatic train control system designed to 
slow or stop the train in response to an external signal.
    (e) High-Speed Transportation.--If practicable, Amtrak shall 
establish intercity rail passenger transportation in the Northeast 
Corridor that carries out section 703(1)(E) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210, 90 
Stat. 121).
    (f) Equipment Development.--Amtrak shall develop economical and 
reliable equipment compatible with track, operating, and marketing 
characteristics of the Northeast Corridor, including the capability to 
meet reliable trip times under section 703(1)(E) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210, 90 
Stat. 121) in regularly scheduled revenue transportation in the 
Corridor, when the Northeast Corridor improvement program is completed. 
Amtrak must decide that equipment complies with this subsection before 
buying equipment with financial assistance of the Government. Amtrak 
shall submit a request for an authorization of appropriations for 
production of the equipment.
    (g) Agreements for Off-Corridor Routing of Rail Freight 
Transportation.--(1) Amtrak may make an agreement with a rail freight 
carrier or a regional transportation authority under which the carrier 
will carry out an alternate off-corridor routing of rail freight 
transportation over rail lines in the Northeast Corridor between the 
District of Columbia and New York metropolitan areas, including 
intermediate points. The agreement shall be for at least 5 years.
    (2) Amtrak shall apply to the Interstate Commerce Commission for 
approval of the agreement and all related agreements accompanying the 
application as soon as the agreement is made. If the Commission finds 
that approval is necessary to carry out this chapter, the Commission 
shall approve the application and related agreements not later than 90 
days after receiving the application.
    (3) If an agreement is not made under paragraph (1) of this 
subsection, Amtrak, with the consent of the other parties, may apply to 
the Interstate Commerce Commission. Not later than 90 days after the 
application, the Commission shall decide on the terms of an agreement if 
it decides that doing so is necessary to carry out this chapter. The 
decision of the Commission is binding on the other parties.
    (h) Coordination.--(1) The Secretary of Transportation shall 
coordinate--
        (A) transportation programs related to the Northeast Corridor to 
    ensure that the programs are integrated and consistent with the 
    Northeast Corridor improvement program; and
        (B) amounts from departments, agencies, and instrumentalities of 
    the Government to achieve urban redevelopment and revitalization in 
    the vicinity of urban rail stations in the Northeast Corridor served 
    by intercity and commuter rail passenger transportation.

    (2) If the Secretary finds significant noncompliance with this 
section, the Secretary may deny financing to a noncomplying program 
until the noncompliance is corrected.
    (i) Completion.--Amtrak shall give the highest priority to 
completing the program.
    (j) Applicable Procedures.--No State or local building, zoning, 
subdivision, or similar or related law, nor any other State or local law 
from which a project would be exempt if undertaken by the Federal 
Government or an agency thereof within a Federal enclave wherein Federal 
jurisdiction is exclusive, including without limitation with respect to 
all such laws referenced herein above requirements for permits, actions, 
approvals or filings, shall apply in connection with the construction, 
ownership, use, operation, financing, leasing, conveying, mortgaging or 
enforcing a mortgage of (i) any improvement undertaken by or for the 
benefit of Amtrak as part of, or in furtherance of, the Northeast 
Corridor Improvement Project (including without limitation maintenance, 
service, inspection or similar facilities acquired, constructed or used 
for high speed trainsets) or chapter 241, 243, or 247 of this title or 
(ii) any land (and right, title or interest created with respect 
thereto) on which such improvement is located and adjoining, surrounding 
or any related land. These exemptions shall remain in effect and be 
applicable with respect to such land and improvements for the benefit of 
any mortgagee before, upon and after coming into possession of such 
improvements or land, any third party purchasers thereof in foreclosure 
(or through a deed in lieu of foreclosure), and their respective 
successors and assigns, in each case to the extent the land or 
improvements are used, or held for use, for railroad purposes or 
purposes accessory thereto. This subsection shall not apply to any 
improvement or related land unless Amtrak receives a Federal operating 
subsidy in the fiscal year in which Amtrak commits to or initiates such 
improvement.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 930; Pub. L. 104-
205, title III, Sec. 334, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 105-
134, title IV, Sec. 405(b)(1), Dec. 2, 1997, 111 Stat. 2586.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24902(a)..............................  45:853(1)(A).                    Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          703(1
)(A), 90 Stat. 121; Oct. 5, 1978,
                                                                          Pub. 
L. 95-421, Sec.  8(1), 92 Stat.
                                                                          927; 
May 30, 1980, Pub. L. 96-254,
                                                                          Sec. 
 202(1), (2), 94 Stat. 410; Jan.
                                                                          14, 1
983, Pub. L. 97-468, Sec.
                                                                          301(1
), 96 Stat. 2547.
                                        45:853(1)(B) (1st sentence).     Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          703(1
)(B), 90 Stat. 121; Oct. 5, 1978,
                                                                          Pub. 
L. 95-421, Sec.  8(2), 92 Stat.
                                                                          927.
                                        45:853(2)(A).                    Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          703(2
)(A), 90 Stat. 122; Oct. 5, 1978,
                                                                          Pub. 
L. 95-421, Sec.  5(1), 92 Stat.
                                                                          926.
                                        45:853(2)(B).                    Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  703(2)(B); added Oct. 5,
                                                                          1978,
 Pub. L. 95-421, Sec.  5(2), 92
                                                                          Stat.
 927.
                                        45:853(3)(A).                    Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          703(3
)(A), 90 Stat. 122; May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  203(1), 94 Stat.
                                                                          410.
                                        45:853(4) (1st sentence).        Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          703(1
)(C), (4), 90 Stat. 121, 122.
                                        45:853(6).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  703(6); added May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  203(2), 94 Stat.
                                                                          411.
                                        45:855(b).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  705(b); added May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  206(a), 94 Stat.
                                                                          413; 
Jan. 14, 1983, Pub. L. 97-468,
                                                                          Sec. 
 301(5)(B), 96 Stat. 2550.
24902(b)..............................  45:851(d)(1).                    Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  701(d)(1); added May 30,
                                                                          1980,
 Pub. L. 96-254, Sec.  205, 94
                                                                          Stat.
 412.
24902(c)(1)...........................  45:853(1)(B) (last sentence).
                                        45:855(b).
24902(c)(2), (3)......................  45:854(i).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  704(i); added May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  204(b), 94 Stat.
                                                                          411.
                                        45:855(b).
24902(d)..............................  45:853(4) (last sentence).
24902(e)..............................  45:853(7).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  703(7); added May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  209, 94 Stat.
                                                                          414.
24902(f)..............................  45:853(1)(C).
24902(g)..............................  45:431(k).                       Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  202(k); added June 22,
                                                                          1988,
 Pub. L. 100-342, Sec.  9, 102
                                                                          Stat.
 628.
24902(h)..............................  45:853(1)(E).                    Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          703(1
)(E), 90 Stat. 121; May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  202(3), 94 Stat.
                                                                          410.
                                        45:855(b).
24902(i)..............................  45:853(5).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  703(5); added Oct. 5, 1978,
                                                                          Pub. 
L. 95-421, Sec.  8(3), 92 Stat.
                                                                          927.
                                        45:855(b).
24902(j)..............................  45:853(3)(B).                    Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  703(3)(B); added May 30,
                                                                          1980,
 Pub. L. 96-254, Sec.  203(1), 94
                                                                          Stat.
 410.
                                        45:855(b).
24902(k)..............................  45:854(c)(1).                    Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          704(c
)(1), 90 Stat. 123; May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  210(1), 94 Stat.
                                                                          414.
                                        45:854(c)(2).                    Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  704(c)(2); added May 30,
                                                                          1980,
 Pub. L. 96-254, Sec.  210(2), 94
                                                                          Stat.
 414.
24902(l)..............................  45:545(h) (last sentence).       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  305(h) (last sentence);
                                                                          added
 Oct. 28, 1974, Pub. L. 93-496,
                                                                          Sec. 
 3, 88 Stat. 1527; Sept. 29,
                                                                          1979,
 Pub. L. 96-73, Sec.  106, 93
                                                                          Stat.
 539.
                                        45:855(b).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``program'' is substituted for ``project'' 
for consistency in this chapter.
    In subsection (a)(1)(A) and (B), the words ``schedule'' and 
``appropriate'' are omitted as surplus.
    In subsection (a)(2), the words ``in order'' and ``rail'' are 
omitted as surplus.
    In subsection (a)(4)-(6), the words ``the goals contained in'' are 
omitted as surplus.
    In subsection (a)(4), the text of 45:853(2)(B) is omitted as 
executed.
    In subsection (a)(5), the words ``to all users of rail freight 
service located'' are omitted as surplus. The word ``in'' is substituted 
for ``on'' as being more appropriate. The words ``all . . . which 
remain'' are omitted as surplus.
    In subsection (a)(6), the word ``mobile'' is added for consistency 
in this chapter. The word ``on'' is substituted for ``aboard trains 
operated in'' to eliminate unnecessary words. The word ``passenger'' 
after ``rail'' is added for consistency in this chapter. The word 
``Washington'' is omitted as surplus.
    In subsection (b), the words ``each fiscal year'' are substituted 
for ``annual'' for clarity. The text of 45:851(d)(1)(A) and (B) is 
omitted as obsolete.
    In subsection (c)(1), the words ``in his sole discretion'' are 
omitted as surplus.
    In subsection (c)(2)(B), the words ``and in the amounts'' are 
omitted as surplus.
    In subsection (d), the words ``department, agencies, and 
instrumentalities of the United States Government'' are substituted for 
``relevant Federal agencies, including the Federal Communications 
Commission'' for consistency in the revised title and with other titles 
of the United States Code. The words ``shall assist Amtrak under 
subsection (a)(6) of this section'' are substituted for ``shall take 
such actions as are necessary to achieve this goal'' for clarity. The 
words ``including necessary licensing, construction, operation, and 
maintenance'' are omitted as surplus.
    In subsection (e), before clause (1), the words ``of priority'' are 
added for clarity. In clause (2), the words ``Potential ridership should 
be considered'' are omitted as surplus. In clause (5), the words 
``Reducing maintenance cost levels is desirable'' are omitted as 
surplus. The words ``before other improvements'' are added for clarity.
    In subsection (f), the words ``accomplished in a manner which is'', 
``the accomplishment in the . . . of additional'', and ``levels'' are 
omitted as surplus.
    In subsection (g), the words ``after April 1, 1990'' are omitted as 
executed. The words ``betwen [sic] Washington, D.C., and Boston, 
Massachusetts'' are omitted as surplus. The words ``or between the main 
line and Atlantic City'' are substituted for ``on the feeder line 
referred to in section 854(a)(1)(B) of this title'' for clarity. The 
text of 45:431(k)(2) is omitted as executed.
    In subsection (h), the text of 45:853(1)(E) (1st-4th sentences) and 
the word ``Thereafter'' are omitted as executed. The words ``carries 
out'' are substituted for ``achieves the service goals specified in'' 
for consistency in this section.
    In subsection (i), the words ``rolling stock and related'', 
``designed to be'', ``set forth'', and ``specified'' are omitted as 
surplus. The text of 45:853(5) (last sentence words after ``such 
equipment'') is omitted as obsolete.
    In subsection (j)(1), the words ``Within 6 months after May 30, 
1980, the Secretary shall develop plans'' and the text of 
45:853(3)(B)(v) are omitted as executed. The words ``rail lines'' are 
substituted for ``lines'' for clarity and consistency in this chapter. 
The words ``Washington'' and ``on such terms and conditions as the 
parties may agree'' are omitted as surplus.
    In subsection (j)(2), the words ``including the provision of service 
use of tracks and facilities as provided in such application'' are 
omitted as surplus.
    In subsection (j)(3), the words ``other parties'' are substituted 
for ``involved rail freight carriers'' to eliminate unnecessary words. 
The words ``conditions and'' are omitted as surplus.
    In subsection (k)(1), before clause (A), the words ``take all steps 
necessary to'' are omitted as surplus. In clause (A), the words ``all'', 
``implementation of'', and ``under this subchapter'' are omitted as 
surplus. Clause (B) is substituted for 45:854(c)(2) to eliminate surplus 
and obsolete words.

                       References in Text

    Section 703(1)(E) of the Railroad Revitalization and Regulatory 
Reform Act of 1976, referred to in subsecs. (e) and (f), is section 
703(1)(E) of Pub. L. 94-210, which was classified to section 853(1)(E) 
of Title 45, Railroads, and was repealed and reenacted as subsec. (h) of 
this section by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994, 108 
Stat. 932, 1379.


                               Amendments

    1997--Pub. L. 105-134 redesignated subsec. (b) as (a) and subsecs. 
(e) to (m) as (b) to (j), respectively, in subsec. (j) struck out 
``(m)'' after ``This subsection'', and struck out former subsecs. (a), 
(c), and (d) which related to Northeast Corridor improvement plan, cost 
sharing for nonoperational facilities, and passenger radio mobile 
telephone service, respectively.
    1996--Subsec. (m). Pub. L. 104-205 added subsec. (m).

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of this 
title, and section 101 of Pub. L. 104-88, set out as a note under 
section 701 of this title. References to Interstate Commerce Commission 
deemed to refer to Surface Transportation Board, a member or employee of 
the Board, or Secretary of Transportation, as appropriate, see section 
205 of Pub. L. 104-88, set out as a note under section 701 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 24315, 24904, 24909 of this 
title; title 40 section 819.
