Title 49TransportationRelease 119-73

§24307 Special transportation

Title 49 › Subtitle SUBTITLE V— - RAIL PROGRAMS › Part PART C— - PASSENGER TRANSPORTATION › Chapter CHAPTER 243— - AMTRAK › § 24307

Last updated Apr 6, 2026|Official source

Summary

Amtrak must keep a reduced-fare program for people who are at least 65 years old and for people with disabilities (but not for alcoholics or drug abusers). The disability group covers people with a major physical or mental impairment, people who have a record of such an impairment, or people who are treated as having one. “Rail carrier employee” here means an active full-time rail or terminal worker (including someone on furlough or leave), a retired rail worker, and dependents of those workers. Workers who were eligible for free or reduced rail travel on April 30, 1971 should, as much as possible, get similar free or reduced Amtrak travel when space is available. Amtrak may use one uniform set of terms that matched what most employees had then. Unless there is a different agreement, the carrier must pay Amtrak 25 percent of the systemwide average monthly yield per revenue passenger-mile. This does not stop the Surface Transportation Board from ordering retroactive relief in cases opened or reopened after October 1, 1981.

Full Legal Text

Title 49, §24307

Transportation — Source: USLM XML via OLRC

(a)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)(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 Surface Transportation Board from ordering retroactive relief in a proceeding begun or reopened after October 1, 1981.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

Editorial Notes

Amendments

2012—Subsec. (b)(3). Pub. L. 112–141 substituted “Surface Transportation Board” for “Interstate Commerce Commission”. 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. Accessibility by Individuals With Disabilities Pub. L. 110–432, div. B, title II, § 219, Oct. 16, 2008, 122 Stat. 4931, provided that: “(a) In General.—Amtrak, 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 (42 U.S.C. 12162(e)(2)). 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 (42 U.S.C. 12161(5))), 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
February 1, 2009, 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.” Pub. L. 110–432, div. B, title II, § 220, Oct. 16, 2008, 122 Stat. 4931, provided that: “Using the funds authorized by section 103 of this division [122 Stat. 4909], 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 [42 U.S.C. 12101 et seq.] and the Rehabilitation Act of 1974 [probably means Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.] to ensure that Amtrak’s services and facilities are accessible to individuals with disabilities to the extent required by law.” 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.”

Reference

Citations & Metadata

Citation

49 U.S.C. § 24307

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73