
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC24308]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                           CHAPTER 243--AMTRAK
 
Sec. 24308. Use of facilities and providing services to Amtrak

    (a) General Authority.--(1) Amtrak may make an agreement with a rail 
carrier or regional transportation authority to use facilities of, and 
have services provided by, the carrier or authority under terms on which 
the parties agree. The terms shall include a penalty for untimely 
performance.
    (2)(A) If the parties cannot agree and if the Interstate Commerce 
Commission finds it necessary to carry out this part, the Commission 
shall--
        (i) order that the facilities be made available and the services 
    provided to Amtrak; and
        (ii) prescribe reasonable terms and compensation for using the 
    facilities and providing the services.

    (B) When prescribing reasonable compensation under subparagraph (A) 
of this paragraph, the Commission shall consider quality of service as a 
major factor when determining whether, and the extent to which, the 
amount of compensation shall be greater than the incremental costs of 
using the facilities and providing the services.
    (C) The Commission shall decide the dispute not later than 90 days 
after Amtrak submits the dispute to the Commission.
    (3) Amtrak's right to use the facilities or have the services 
provided is conditioned on payment of the compensation. If the 
compensation is not paid promptly, the rail carrier or authority 
entitled to it may bring an action against Amtrak to recover the amount 
owed.
    (4) Amtrak shall seek immediate and appropriate legal remedies to 
enforce its contract rights when track maintenance on a route over which 
Amtrak operates falls below the contractual standard.
    (b) Operating During Emergencies.--To facilitate operation by Amtrak 
during an emergency, the Commission, on application by Amtrak, shall 
require a rail carrier to provide facilities immediately during the 
emergency. The Commission then shall promptly prescribe reasonable 
terms, including indemnification of the carrier by Amtrak against 
personal injury risk to which the carrier may be exposed. The rail 
carrier shall provide the facilities for the duration of the emergency.
    (c) Preference Over Freight Transportation.--Except in an emergency, 
intercity and commuter rail passenger transportation provided by or for 
Amtrak has preference over freight transportation in using a rail line, 
junction, or crossing unless the Secretary of Transportation orders 
otherwise under this subsection. A rail carrier affected by this 
subsection may apply to the Secretary for relief. If the Secretary, 
after an opportunity for a hearing under section 553 of title 5, decides 
that preference for intercity and commuter rail passenger transportation 
materially will lessen the quality of freight transportation provided to 
shippers, the Secretary shall establish the rights of the carrier and 
Amtrak on reasonable terms.
    (d) Accelerated Speeds.--If a rail carrier refuses to allow 
accelerated speeds on trains operated by or for Amtrak, Amtrak may apply 
to the Secretary for an order requiring the carrier to allow the 
accelerated speeds. The Secretary shall decide whether accelerated 
speeds are unsafe or impracticable and which improvements would be 
required to make accelerated speeds safe and practicable. After an 
opportunity for a hearing, the Secretary shall establish the maximum 
allowable speeds of Amtrak trains on terms the Secretary decides are 
reasonable.
    (e) Additional Trains.--(1) When a rail carrier does not agree to 
provide, or allow Amtrak to provide, for the operation of additional 
trains over a rail line of the carrier, Amtrak may apply to the 
Secretary for an order requiring the carrier to provide or allow for the 
operation of the requested trains. After a hearing on the record, the 
Secretary may order the carrier, within 60 days, to provide or allow for 
the operation of the requested trains on a schedule based on legally 
permissible operating times. However, if the Secretary decides not to 
hold a hearing, the Secretary, not later than 30 days after receiving 
the application, shall publish in the Federal Register the reasons for 
the decision not to hold the hearing.
    (2) The Secretary shall consider--
        (A) when conducting a hearing, whether an order would impair 
    unreasonably freight transportation of the rail carrier, with the 
    carrier having the burden of demonstrating that the additional 
    trains will impair the freight transportation; and
        (B) when establishing scheduled running times, the statutory 
    goal of Amtrak to implement schedules that attain a system-wide 
    average speed of at least 60 miles an hour that can be adhered to 
    with a high degree of reliability and passenger comfort.

    (3) Unless the parties have an agreement that establishes the 
compensation Amtrak will pay the carrier for additional trains provided 
under an order under this subsection, the Commission shall decide the 
dispute under subsection (a) of this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 911.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24308(a)(1)- (3)......................  45:562(a)(1).                    Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          402(a
)(1), 84 Stat. 1335; June 22,
                                                                          1972,
 Pub. L. 92-316, Sec.  5(1), 86
                                                                          Stat.
 229; Nov. 3, 1973, Pub. L. 93-
                                                                          146, 
Sec.  10(1), 87 Stat. 552; Oct.
                                                                          5, 19
78, Pub. L. 95-421, Sec.  15, 92
                                                                          Stat.
 929; Aug. 13, 1981, Pub. L. 97-
                                                                          35, S
ec.  1181, 95 Stat. 693; Apr. 7,
                                                                          1986,
 Pub. L. 99-272, Sec.
                                                                          4017(
b)(1), 100 Stat. 110.
24308(a)(4)...........................  45:562 (note).                   July 1
1, 1987, Pub. L. 100-71 (last
                                                                          provi
so under heading ``Grants to the
                                                                          Natio
nal Railroad Passenger
                                                                          Corpo
ration''), 101 Stat. 447.
24308(b)..............................  45:562(c).                       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  402(c); added June 22,
                                                                          1972,
 Pub. L. 92-316, Sec.  5(2), 86
                                                                          Stat.
 229.
24308(c)..............................  45:562(e).                       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  402(e); added Nov. 3,
                                                                          1973,
 Pub. L. 93-146, Sec.  10(2), 87
                                                                          Stat.
 552; Aug. 13, 1981, Pub. L. 97-
                                                                          35, S
ec.  1188(c), 95 Stat. 699.
24308(d)..............................  45:562(f).                       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  402(f); added Nov. 3,
                                                                          1973,
 Pub. L. 93-146, Sec.  10(2), 87
                                                                          Stat.
 552.
24308(e)..............................  45:562(g).                       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  402(g); added May 30,
                                                                          1980,
 Pub. L. 96-254, Sec.  216, 94
                                                                          Stat.
 418; Apr. 7, 1986, Pub. L. 99-
                                                                          272, 
Sec.  4006(2), 100 Stat. 107.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the word ``authority'' is substituted for 
``agencies'' for consistency in the revised title and with other titles 
of the United States Code. The words ``tracks and other'' are omitted as 
surplus. The words ``of . . . by, the carrier or authority'' are added 
for clarity. The words ``and conditions'' are omitted as surplus.
    In subsection (a)(2)(A), before clause (i), the words ``the purposes 
of'' are omitted as surplus. In clause (ii), the words ``just and'' are 
omitted as surplus.
    Subsection (a)(2)(B) is substituted for 45:562(a)(1) (3d sentence) 
to eliminate unnecessary words.
    In subsection (a)(2)(C), the words ``shall decide the dispute'' are 
added, and the words ``submits the dispute'' are substituted for 
``application'', for clarity.
    In subsection (a)(3), the words ``Amtrak's right to use the 
facilities or have the services provided is conditioned on payment of 
the compensation'' are substituted for ``and the rights of the 
Corporation to such services or to the use of tracks or facilities of 
the railroad or agency under such order . . . shall be conditioned upon 
payment by the Corporation of the compensation fixed by the Commission'' 
to eliminate unnecessary words. The words ``or under an order issued 
under subsection (b) of this section'' are omitted as obsolete because 
45:562(b) is executed. The words ``amount of'', ``fixed'', ``duly and'', 
and ``properly'' are omitted as surplus.
    In subsection (a)(4), the words ``notwithstanding any other 
provision of law'', ``hereafter'', and ``becomes inadequate or 
otherwise'' are omitted as surplus.
    In subsections (b)-(d), the words ``just and'' are omitted as 
surplus.
    In subsection (b), the words ``as may be deemed by it to be 
necessary'', ``tracks and other'', and ``proceed to'' are omitted as 
surplus. The words ``personal injury'' are substituted for ``casualty'' 
for consistency.
    In subsections (c) and (d), the words ``an opportunity for a'' are 
added for clarity and consistency.
    In subsection (c), the word ``given'' is omitted as surplus. The 
words ``rail line'' are substituted for ``line of track'' for 
consistency in the revised title and with other titles of the Code. The 
word ``appropriate'' is omitted as surplus. The words ``the carrier'' 
are substituted for ``trains'' for clarity and consistency. The words 
``and Amtrak'' are added for clarity.
    In subsection (d), the words ``upon request of the Corporation'' and 
``otherwise'' are omitted as surplus. The words ``which improvements 
would be required'' are substituted for ``and with respect to the nature 
and extent of improvements to track, signal systems, and other 
facilities that would be required'' to eliminate unnecessary words.
    In subsection (e)(1), the words ``satisfactory, voluntary'' are 
omitted as surplus. The words ``provide, or allow Amtrak to provide'' 
are added, and the words ``Amtrak may apply to the Secretary for an 
order requiring the carrier to provide or allow for the operation of the 
requested trains'' are substituted for ``Upon receipt of an application 
from the Corporation'', for clarity.
    In subsection (e)(2)(A), the words ``involved'' and ``seeking to 
oppose the operation of an additional train'' are omitted as surplus. 
The words ``when conducting a hearing'' are added for clarity.
    In subsection (e)(2)(B), the word ``proper'' is omitted as surplus. 
The words ``60 miles'' are substituted for ``55 miles'' for consistency 
with 45:501a(8), restated in section 24101(c)(6) of the revised title. 
Section 1172(3) of the Omnibus Budget Reconciliation Act of 1981 (Public 
Law 91-35, 95 Stat. 688) raised the speed from 55 to 60 in 45:501a but 
did not make a corresponding change in 45:562(g).
    In subsection (e)(3), the words ``Unless the parties have an 
agreement that establishes the compensation Amtrak will pay the carrier 
for additional trains provided under an order under this subsection'' 
are substituted for 45:562(g) (last sentence words before last comma) to 
eliminate unnecessary words. The words ``the dispute'' are added for 
clarity and consistency in this section.

  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 24312, 24905 of this title.
