§24307. Special transportation

(a) Reduced Fare Program.-Amtrak shall maintain a reduced fare program for the following:

(1) individuals at least 65 years of age.

(2) individuals (except alcoholics and drug abusers) who-

(A) have a physical or mental impairment that substantially limits a major life activity of the individual;

(B) have a record of an impairment; or

(C) are regarded as having an impairment.

(b) Employee Transportation.-(1) In this subsection, "rail carrier employee" means-

(A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of absence;

(B) a retired employee of a rail carrier or terminal company; and

(C) a dependent of an employee referred to in clause (A) or (B) of this paragraph.

(2) Amtrak shall ensure that a rail carrier employee eligible for free or reduced-rate rail transportation on April 30, 1971, under an agreement in effect on that date is eligible, to the greatest extent practicable, for free or reduced-rate intercity rail passenger transportation provided by Amtrak under this part, if space is available, on terms similar to those available on that date under the agreement. However, Amtrak may apply to all rail carrier employees eligible to receive free or reduced-rate transportation under any agreement a single systemwide schedule of terms that Amtrak decides applied to a majority of employees on that date under all those agreements. Unless Amtrak and a rail carrier make a different agreement, the carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrier employee eligible for free or reduced-rate transportation.

(3) This subsection does not prohibit the Interstate Commerce Commission from ordering retroactive relief in a proceeding begun or reopened after October 1, 1981.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 911 ; Pub. L. 105–134, title IV, §406(b), Dec. 2, 1997, 111 Stat. 2586 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
24307(a)	45:545(c)(2).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §305(c)(2); added Sept. 29, 1979, Pub. L. 96–73, §105(2), 93 Stat. 539 .
24307(b)	45:545(c)(1).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §305(c)(1); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550 ; Sept. 29, 1979, Pub. L. 96–73, §105(1), 93 Stat. 539 .
24307(c)	45:565(f).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §405(f); added June 22, 1972, Pub. L. 92–316, §8, 86 Stat. 230 ; Sept. 29, 1979, Pub. L. 96–73, §120(a), 93 Stat. 547 ; Aug. 13, 1981, Pub. L. 97–35, §1184, 95 Stat. 697 .

In subsection (a), before clause (1), the word "maintain" is substituted for "Within 90 days after September 29, 1979" and "establish" for clarity.

In subsection (b), before clause (1), the word "act" is substituted for "take all steps necessary to" to eliminate unnecessary words. The words "access to" are added for clarity. In clause (1), the words "and devices" are omitted as surplus. In clause (4), the words "architectural and other" are omitted as surplus.

In subsection (c)(1)(A), the words "period of" and "while on" are omitted as surplus.

In subsection (c)(2), the words "take such action as may be necessary to", "the terms of . . . policy or", and "to such railroad employee" are omitted as surplus. The words "or group of railroads" are omitted because of 1:1.

Amendments

1997-Subsecs. (b), (c). Pub. L. 105–134 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

"(b) Actions To Ensure Access.-Amtrak may act to ensure access to intercity transportation for elderly or handicapped individuals on passenger trains operated by or for Amtrak. That action may include-

"(1) acquiring special equipment;

"(2) conducting special training for employees;

"(3) designing and acquiring new equipment and facilities;

"(4) eliminating barriers in existing equipment and facilities to comply with the highest standards of design, construction, and alteration of property to accommodate elderly and handicapped individuals; and

"(5) providing special assistance to elderly and handicapped individuals when getting on and off trains and in terminal areas."

Americans With Disabilities Act of 1990

Pub. L. 105–134, title IV, §406(a), Dec. 2, 1997, 111 Stat. 2586 , provided that:

"(1) Access improvements at certain shared stations.-Amtrak is responsible for its share, if any, of the costs of accessibility improvements required by the Americans With Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] at any station jointly used by Amtrak and a commuter authority.

"(2) Certain requirements not to apply until 1998.-Amtrak shall not be subject to any requirement under subsection (a)(1), (a)(3), or (e)(2) of section 242 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12162) until January 1, 1998."

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.