§24505. Commuter rail passenger transportation

(a) General Authority.-Amtrak Commuter-

(1) shall provide commuter rail passenger transportation that the Consolidated Rail Corporation was obligated to provide on August 13, 1981, under section 303(b)(2) or 304(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(2), 744(e)); and

(2) may provide other commuter rail passenger transportation if the commuter authority for which the transportation will be provided offers to provide a commuter rail passenger transportation payment equal to the-

(A) avoidable costs of providing the transportation (including the avoidable cost of necessary capital improvements) and a reasonable return on the value; less

(B) revenue attributable to the transportation.

(b) Offer Requirements.-(1) A commuter authority making an offer under subsection (a)(2) of this section shall-

(A) show that it has obtained access to all rail property necessary to provide the additional commuter rail passenger transportation; and

(B) make the offer according to regulations the Rail Services Planning Office prescribes under section 10362(b)(5)(A) and (6) of this title.

(2) The Office may revise and update the regulations when necessary to carry out this section.

(c) Additional Employee Requirements.-Additional employee requirements shall be met through existing seniority arrangements agreed to in the implementing agreement negotiated under section 508 of the Rail Passenger Service Act.

(d) When Obligation Does Not Apply.-Amtrak Commuter is not obligated to provide commuter rail passenger transportation if a commuter authority provides the transportation or makes a contract under which a person, except Amtrak Commuter, will provide the transportation. When appropriate, Amtrak Commuter shall give the authority or person access to the rail property needed to provide the transportation.

(e) Discontinuance of Commuter Rail Passenger Transportation.-(1) Amtrak Commuter may discontinue commuter rail passenger transportation provided under this section on 60 days' notice if-

(A) a commuter authority does not offer a commuter rail passenger transportation payment under subsection (a)(2) of this section; or

(B) a payment is not paid when due.

(2) The Office shall prescribe regulations on the necessary contents of the notice required under this subsection.

(f) Compensation for Right-of-Way Related Costs.-Compensation by a commuter authority to Amtrak or Amtrak Commuter for right-of-way related costs for transportation over property Amtrak owns shall be determined under a method the Interstate Commerce Commission establishes under section 1163 of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1111) or to which the parties agree.

(g) Application of Other Laws.-All laws related to commuter rail passenger transportation apply to a commuter authority providing commuter rail passenger transportation under this section.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
24505(a)	45:584(a), (b)(1).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §504(a)–(e), (g); added Aug. 13, 1981, Pub. L. 97–35, §1137, 95 Stat. 648 , 649.
24505(b)	45:584(b)(2), (c).
24505(c)	45:584(b)(3).
24505(d)	45:584(g).
24505(e)	45:584(d).
24505(f)	45:584(e).
24505(g)	45:591.	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §511; added Jan. 14, 1983, Pub. L. 97–468, §509, 96 Stat. 2554 .

In subsection (a)(2), before subclause (A), the text of 45:584(a) (1st sentence) is omitted as surplus. The text of 45:584(a) (last sentence) is omitted as executed. The words "equal to" are substituted for "which is designed to cover" to eliminate unnecessary words.

In subsection (b)(1)(A), the words "acquired, leased, or otherwise" are omitted as surplus.

In subsection (d), the words "Notwithstanding any other provision of this section", "itself", and "In any such case" are omitted as surplus.

In subsection (e)(1)(B), the word "applicable" is omitted as surplus.

In subsection (f), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "by a commuter authority" are added for clarity. See S. Rept. No. 97–139, 97th Cong., 1st Sess., p. 327 (1981). The words "the Northeast Corridor and other" are omitted as surplus.

In subsection (g), the text of 45:591 (words after 1st comma) is omitted as surplus.

References in Text

Section 508 of the Rail Passenger Service Act, referred to in subsec. (c), is section 508 of Pub. L. 91–518, title V, as added Pub. L. 97–35, title XI, §1145, Aug. 13, 1981, 95 Stat. 669 , which was classified to section 588 of Title 45, Railroads, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379 .

Commuter Service Transferred From Consolidated Rail Corporation; Service Subject to Applicable Laws

Pub. L. 97–377, title I, §136, Dec. 21, 1982, 96 Stat. 1915 , provided that: "Any commuter authority operating commuter service transferred from the Consolidated Rail Corporation under part 2 of the Northeast Rail Service Act of 1981 [part 2 (§§1136–1142) of subtitle E of title XI of Pub. L. 97–35] shall be subject to applicable laws with respect to such service."

Section Referred to in Other Sections

This section is referred to in section 24302 of this title.