[1] Since its inception, Amtrak has remained unprofitable and requires an annual subsidy from Congress in order to maintain service and make critical capital improvements.
Amtrak must work with the Surface Transportation Board to develop metrics and standards for performance of intercity service.
Under Section 212 of the law, the Surface Transportation Board was permitted to appoint an arbitrator to settle disputes in certain cases.
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.
The DOT is authorized to make grants to states for the benefit of intercity passenger rail service.
In 2011, the Association of American Railroads filed a federal lawsuit seeking to invalidate the terms of Section 212 as unconstitutional.