49 U.S.C. § 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)

April 30, 1971 Amtrak shall ensure that a rail carrier employee eligible for free or reduced-rate rail transportation on , 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)

October 1, 1981 This subsection does not prohibit the Surface Transportation Board from ordering retroactive relief in a proceeding begun or reopened after .

Pub. L. 103–272, § 1(e)July 5, 1994108 Stat. 911 Pub. L. 105–134, title IV, § 406(b)Dec. 2, 1997111 Stat. 2586 Pub. L. 112–141, div. C, title II, § 32932(c)(1)July 6, 2012126 Stat. 829(, , ; , , ; , , .)

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.

September 29, 1979In subsection (a), before clause (1), the word “maintain” is substituted for “Within 90 days after ” 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.

Editorial Notes

Amendments

Pub. L. 112–1412012—Subsec. (b)(3). substituted “Surface Transportation Board” for “Interstate Commerce Commission”.

Pub. L. 105–1341997—Subsecs. (b), (c). redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

Actions To Ensure Access“(b) .—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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–141Oct. 1, 2012section 3(a) of Pub. L. 112–141 section 101 of Title 23Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.

Accessibility by Individuals With Disabilities

Pub. L. 110–432, div. B, title II, § 219Oct. 16, 2008122 Stat. 4931

“(a)

In General .—

42 U.S.C. 12162(e)(2)42 U.S.C. 12161(5)February 1, 2009Amtrak, in consultation with station owners and other railroads operating service through the existing stations that it serves, shall evaluate the improvements necessary to make these stations readily accessible to and usable by individuals with disabilities, as required by such section 242(e)(2) of the Americans with Disabilities Act of 1990 (). The evaluation shall include, for each applicable station, improvements required to bring it into compliance with the applicable parts of such section 242(e)(2), any potential barriers to achieving compliance, including issues related to passenger rail station platforms, the estimated cost of the improvements necessary, the identification of the responsible person (as defined in section 241(5) of that Act ()), and the earliest practicable date when such improvements can be made. The evaluation shall also include a detailed plan and schedule for bringing all applicable stations into compliance with the applicable parts of section 242(e)(2) by the 2010 statutory deadline for station accessibility. Amtrak shall submit the evaluation to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; the Department of Transportation; and the National Council on Disability by , along with recommendations for funding the necessary improvements. Should the Department of Transportation issue any rule related to transportation for individuals with disabilities by intercity passenger rail after Amtrak submits its evaluation, Amtrak shall, within 120 days after the date that such rule is published, submit to the above parties a supplemental evaluation on any impact of the rule on its cost and schedule for achieving full compliance.

“(b)

Accessibility Improvements and Barrier Removal for People With Disabilities .—

There are authorized to be appropriated to the Secretary [of Transportation] for the use of Amtrak such sums as may be necessary to improve the accessibility of facilities, including rail platforms, and services.”

, , , provided that:

Pub. L. 110–432, div. B, title II, § 220Oct. 16, 2008122 Stat. 4931

122 Stat. 4909 42 U.S.C. 12101 29 U.S.C. 701“Using the funds authorized by section 103 of this division [], the Federal Railroad Administration shall monitor and conduct periodic reviews of Amtrak’s compliance with applicable sections of the Americans with Disabilities Act of 1990 [ et seq.] and the Rehabilitation Act of 1974 [probably means Rehabilitation Act of 1973, et seq.] to ensure that Amtrak’s services and facilities are accessible to individuals with disabilities to the extent required by law.”

, , , provided that:

Pub. L. 105–134, title IV, § 406(a)Dec. 2, 1997111 Stat. 2586

“(1)

Access improvements at certain shared stations .—

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

“(2)

Certain requirements not to apply until 1998 .—

42 U.S.C. 12162January 1, 1998Amtrak 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 () until .”

, , , provided that: