Passenger Rail Investment and Improvement Act of 2008
The Passenger Rail Investment and Improvement Act of 2008 (originally H.R. 6003, passed as division B of
Background
The National Railroad Passenger Corporation was established in 1970 by the
Provisions
Financial
The law required Amtrak to develop a modern financial and accounting reporting system and to submit a five-year financial plan and budget to the Inspector General. It authorizes Amtrak to restructure its long-term debt and leases by negotiating with holders of that debt.
Service
Amtrak must work with the Surface Transportation Board to develop metrics and standards for performance of intercity service. The STB is also authorized to award damages to Amtrak in cases where freight railroads, on whose tracks Amtrak operates, do not provide preference to Amtrak traffic which may result in significant delays. Under Section 212 of the law, the Surface Transportation Board was permitted to appoint an arbitrator to settle disputes in certain cases.
Amtrak is required to rank the performance of its long-distance routes and develop performance improvement plans for those routes that underperform.
State supported routes
Amtrak is required to develop a methodology for allocation of costs on such routes and allocate costs appropriately to those states. States may select a different provider for those services and may agree with Amtrak on the usage of its facilities for those providers.
Northeast Corridor
Section 212 created the Northeast Corridor Commission and mandated the Commuter and Intercity Rail Cost Allocation Policy which provides for a methodology of allocating costs to all users along the Northeast Corridor including commuter rail service.
Capital assistance
The DOT is authorized to make grants to states for the benefit of intercity passenger rail service. Funds may also be authorized to establish a program for development of high-speed rail corridors.
Legal actions
In 2011, the Association of American Railroads filed a federal lawsuit seeking to invalidate the terms of Section 212 as unconstitutional. The AAR claimed that the law gave a private party the ability to regulate the conduct of another private party. In 2015,
Amtrak filed suit against SEPTA to force an increase in rent of land adjacent to its tracks along the Northeast Corridor that SEPTA uses for SEPTA Regional Rail stations and parking lots.[5]
In 2016, Amtrak, citing Section 212, demanded that the
References
- , enacted October 30, 1970
- ^ Amtrak: Budget and Reauthorization (PDF) (Report). Congressional Research Service. 2007-11-14.
- . Approved 2008-10-16.
- ^ "Federal Court Decision Opens Door For New FRA On-Time Performance Metrics". Eno Center for Transportation. 2018-07-25.
- ^ "Amtrak is suing SEPTA to raise its yearly rent from $1.00 to $1.5 million". Philadelphia Inquirer. 2019-06-26.
- ^ "MBTA sues Amtrak in bid to save tens of millions a year". Boston Business Journal. 2016-02-01.
- ^ "Amtrak TO Continue Providing Service to Massachusetts Bay Transportation Authority Under New Agreement". Amtrak. 2017-08-17. Archived from the original on 2021-06-25. Retrieved 2020-06-06.