§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, §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. 30, 1970, Pub. L. 91–518, §402(a)(1), 84 Stat. 1335 ; June 22, 1972, Pub. L. 92–316, §5(1), 86 Stat. 229 ; Nov. 3, 1973, Pub. L. 93–146, §10(1), 87 Stat. 552 ; Oct. 5, 1978, Pub. L. 95–421, §15, 92 Stat. 929 ; Aug. 13, 1981, Pub. L. 97–35, §1181, 95 Stat. 693 ; Apr. 7, 1986, Pub. L. 99–272, §4017(b)(1), 100 Stat. 110 .
24308(a)(4)	45:562 (note).	July 11, 1987, Pub. L. 100–71 (last proviso under heading "Grants to the National Railroad Passenger Corporation"), 101 Stat. 447.
24308(b)	45:562(c).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §402(c); added June 22, 1972, Pub. L. 92–316, §5(2), 86 Stat. 229 .
24308(c)	45:562(e).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §402(e); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552 ; Aug. 13, 1981, Pub. L. 97–35, §1188(c), 95 Stat. 699 .
24308(d)	45:562(f).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §402(f); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552 .
24308(e)	45:562(g).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §402(g); added May 30, 1980, Pub. L. 96–254, §216, 94 Stat. 418 ; Apr. 7, 1986, Pub. L. 99–272, §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.