Commuter rail passenger transportation

§ 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 108 STAT. 922Regional 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.