Page:United States Statutes at Large Volume 95.djvu/719

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 693

SANCTIONS

SEC. 1179. Section 307(a) of the Rail Passenger Service Act (45 U.S.C. 547(a)) is amended by adding at the end thereof the following: "Any discontinuance of routes, trains, or services or reduction in frequency of service, which is made by the Corporation shall not be reviewable in any court except on petition of the Attorney General of the United States.". EUMINATION OP UNNECESSARY REPORTS

SEC. 1180. (a) Section 308(a)(l) of the Rail Passenger Service Act (45 U.S.C. 548(a)(1)) is amended by striking out subparagraph (C). (b) Section 308(c) of the Rail Passenger Service Act (45 U.S.C. 548(c)) is amended— (1) by striking out "and the Commission"; and (2) by striking out "reports (or, in their discretion, a joint report) and inserting in lieu thereof "a report". FACILITY AND SERVICE AGREEMENTS

SEC. 1181. The first sentence of section 402(a) of the Rail Passenger Service Act is amended by inserting ", which terms shall include a 45 USC 562. penalty for untimely performance" before the period. STATE SUPPORTED SERVICES

SEC. 1182. (a) Section 403 of the Rail Passenger Service Act (45 U.S.C. 563) is amended to read as follows: "SEC. 403. SERVICE.

"(a) Except as otherwise provided in this Act, after the effective date of the Amtrak Improvement Act of 1981, all route additions shall be in accordance with the Route and Service Criteria. "(b)(l)(A) Any State or group of States, any regional or local agency, or any other person may submit an application to the Corporation requesting the institution of rail passenger service or the retention of a route, train, or service, or some portion of such route, train, or service, which the Corporation intends to discontinue under section 407 of this Act. "(B) Each application by a State, agency, or person for rail passenger service under this subsection shall contain— "(i) adequate assurances by such State, agency, or person that it has sufficient resources to meet its share of the cost of such service for the period such service is to be provided; "(ii) a market analysis acceptable to the Corporation to ensure that there is adequate demand to warrant such service; and "(iii) a statement by such State, agency, or person that it agrees to pay in each year of operation of such service at least— "(I) 45 percent in the first year of operation; and "(II) 65 percent in each year of operation thereafter; of the short-term avoidable losses of operating such service and 50 percent of the associated capital costs. "(2)(A) The Corporation shall review each application submitted by a State, agency, or person for the institution or retention of service under this subsection to determine whether— "(i) the application complies with the requirements of paragraph (1)(B) of this subsection; and

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