49 U.S.C. § 24308 — Use of facilities and providing services to

Page 684 TITLE 49—TRANSPORTATION § 24308 Editorial Notes AMENDMENTS 2012—Subsec. (b)(3). Pub. L. 112–141 substituted ‘‘Sur- face 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 fa- cilities; ‘‘(4) eliminating barriers in existing equipment and facilities to comply with the highest standards of de- sign, construction, and alteration of property to ac- commodate 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 Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive 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 sta- tion 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 appli- cable station, improvements required to bring it into compliance with the applicable parts of such section 242(e)(2), any potential barriers to achieving compli- ance, including issues related to passenger rail station platforms, the estimated cost of the improvements nec- essary, 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 improve- ments 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 sta- tion 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 improve- ments. 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 RE- MOVAL FOR PEOPLE WITH DISABILITIES.—There are au- thorized to be appropriated to the Secretary [of Trans- portation] for the use of Amtrak such sums as may be necessary to improve the accessibility of facilities, in- cluding 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 Fed- eral Railroad Administration shall monitor and con- duct periodic reviews of Amtrak’s compliance with ap- plicable 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 disabil- ities 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 STA- TIONS.—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.’’ § 24308. Use of facilities and providing services to Amtrak (a) GENERAL AUTHORITY.—(1) Amtrak may make an agreement with a rail carrier or re- gional 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 un- timely performance. (2)(A) If the parties cannot agree and if the Surface Transportation Board finds it necessary to carry out this part, the Board shall— (i) order that the facilities be made available and the services provided to Amtrak; and (ii) prescribe reasonable terms and com- pensation for using the facilities and providing the services. (B) When prescribing reasonable compensation under subparagraph (A) of this paragraph, the Board 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 Board shall decide the dispute not later than 90 days after Amtrak submits the dis- pute to the Board. (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 enti- tled to it may bring an action against Amtrak to recover the amount owed. (4) Amtrak shall seek immediate and appro- priate legal remedies to enforce its contract rights when track maintenance on a route over which Amtrak operates falls below the contrac- tual standard. (b) OPERATING DURING EMERGENCIES.—To fa- cilitate operation by Amtrak during an emer- gency, the Board, on application by Amtrak, shall require a rail carrier to provide facilities immediately during the emergency. The Board then shall promptly prescribe reasonable terms, including indemnification of the carrier by Am- trak 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 TRANSPOR- TATION.—Except in an emergency, intercity and Page 685 TITLE 49—TRANSPORTATION § 24308 commuter rail passenger transportation pro- vided by or for Amtrak has preference over freight transportation in using a rail line, junc- tion, or crossing unless the Board orders other- wise under this subsection. A rail carrier af- fected by this subsection may apply to the Board for relief. If the Board, after an oppor- tunity for a hearing under section 553 of title 5, decides that preference for intercity and com- muter rail passenger transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the carrier and Amtrak on reason- able terms. (d) ACCELERATED SPEEDS.—If a rail carrier re- fuses to allow accelerated speeds on trains oper- ated by or for Amtrak, Amtrak may apply to the Board for an order requiring the carrier to allow the accelerated speeds. The Board 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 Board shall establish the maximum allow- able speeds of Amtrak trains on terms the Board 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 Board for an order requiring the carrier to provide or allow for the operation of the requested trains. After a hearing on the record, the Board may order the carrier, within 60 days, to provide or allow for the operation of the requested trains on a schedule based on le- gally permissible operating times. However, if the Board decides not to hold a hearing, the Board, not later than 30 days after receiving the application, shall publish in the Federal Reg- ister the reasons for the decision not to hold the hearing. (2) The Board 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 imple- ment schedules that attain a system-wide av- erage speed of at least 60 miles an hour that can be adhered to with a high degree of reli- ability 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 Board shall decide the dispute under subsection (a) of this section. (f) PASSENGER TRAIN PERFORMANCE AND OTHER STANDARDS.— (1) INVESTIGATION OF SUBSTANDARD PERFORM- ANCE.—If the on-time performance of any intercity passenger train averages less than 80 percent for any 2 consecutive calendar quar- ters, or the service quality of intercity pas- senger train operations for which minimum standards are established under section 207 of the Passenger Rail Investment and Improve- ment Act of 2008 fails to meet those standards for 2 consecutive calendar quarters, the Sur- face Transportation Board (referred to in this section as the ‘‘Board’’) may initiate an inves- tigation, or upon the filing of a complaint by Amtrak, an intercity passenger rail operator, a host freight railroad over which Amtrak op- erates, or an entity for which Amtrak operates intercity passenger rail service, the Board shall initiate such an investigation, to deter- mine whether and to what extent delays or failure to achieve minimum standards are due to causes that could reasonably be addressed by a rail carrier over whose tracks the inter- city passenger train operates or reasonably addressed by Amtrak or other intercity pas- senger rail operators. As part of its investiga- tion, the Board has authority to review the ac- curacy of the train performance data and the extent to which scheduling and congestion contribute to delays. In making its determina- tion or carrying out such an investigation, the Board shall obtain information from all par- ties involved and identify reasonable measures and make recommendations to improve the service, quality, and on-time performance of the train. (2) PROBLEMS CAUSED BY HOST RAIL CAR- RIER.—If the Board determines that delays or failures to achieve minimum standards inves- tigated under paragraph (1) are attributable to a rail carrier’s failure to provide preference to Amtrak over freight transportation as re- quired under subsection (c), the Board may award damages against the host rail carrier, including prescribing such other relief to Am- trak as it determines to be reasonable and ap- propriate pursuant to paragraph (3) of this subsection. (3) DAMAGES AND RELIEF.—In awarding dam- ages and prescribing other relief under this subsection the Board shall consider such fac- tors as— (A) the extent to which Amtrak suffers fi- nancial loss as a result of host rail carrier delays or failure to achieve minimum stand- ards; and (B) what reasonable measures would ade- quately deter future actions which may rea- sonably be expected to be likely to result in delays to Amtrak on the route involved. (4) USE OF DAMAGES.—The Board shall, as it deems appropriate, order the host rail carrier to remit the damages awarded under this sub- section to Amtrak or to an entity for which Amtrak operates intercity passenger rail serv- ice. Such damages shall be used for capital or operating expenditures on the routes over which delays or failures to achieve minimum standards were the result of a rail carrier’s failure to provide preference to Amtrak over freight transportation as determined in ac- cordance with paragraph (2). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 911; 110–432, div. B, title II, § 213(a), (d), Oct. 16, 2008, 122 Stat. 4925, 4926.) Page 686 TITLE 49—TRANSPORTATION § 24308 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 head- ing ‘‘Grants to the Na- tional 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 sub- stituted 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 omit- ted 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 dis- pute’’ 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 condi- tioned on payment of the compensation’’ are sub- stituted for ‘‘and the rights of the Corporation to such services or to the use of tracks or facilities of the rail- road or agency under such order . . . shall be condi- tioned upon payment by the Corporation of the com- pensation fixed by the Commission’’ to eliminate un- necessary words. The words ‘‘or under an order issued under subsection (b) of this section’’ are omitted as ob- solete 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 in- adequate or otherwise’’ are omitted as surplus. In subsections (b)–(d), the words ‘‘just and’’ are omit- ted 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 sur- plus. 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 sub- stituted for ‘‘trains’’ for clarity and consistency. The words ‘‘and Amtrak’’ are added for clarity. In subsection (d), the words ‘‘upon request of the Cor- poration’’ and ‘‘otherwise’’ are omitted as surplus. The words ‘‘which improvements would be required’’ are substituted for ‘‘and with respect to the nature and ex- tent of improvements to track, signal systems, and other facilities that would be required’’ to eliminate unnecessary words. In subsection (e)(1), the words ‘‘satisfactory, vol- untary’’ 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 re- quiring the carrier to provide or allow for the operation of the requested trains’’ are substituted for ‘‘Upon re- ceipt of an application from the Corporation’’, for clar- ity. 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 con- ducting 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 sec- tion 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 pro- vided under an order under this subsection’’ are sub- stituted 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. Editorial Notes REFERENCES IN TEXT Section 207 of the Passenger Rail Investment and Im- provement Act of 2008, referred to in subsec. (f)(1), is section 207 of Pub. L. 110–432, which is set out in a note under section 24101 of this title. AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–432, § 213(d)(2), sub- stituted ‘‘Board’’ for ‘‘Commission’’ wherever appear- ing. Subsec. (a)(2)(A). Pub. L. 110–432, § 213(d)(1), sub- stituted ‘‘Surface Transportation Board’’ for ‘‘Inter- state Commerce Commission’’ in introductory provi- sions. Subsec. (b). Pub. L. 110–432, § 213(d)(2), substituted ‘‘Board’’ for ‘‘Commission’’ in two places. Subsec. (c). Pub. L. 110–432, § 213(d)(3), (4), substituted ‘‘Board’’ for ‘‘Secretary of Transportation’’ after ‘‘un- less the’’ and for ‘‘Secretary’’ in three places. Subsecs. (d), (e)(1), (2). Pub. L. 110–432, § 213(d)(4), sub- stituted ‘‘Board’’ for ‘‘Secretary’’ wherever appearing. Subsec. (e)(3). Pub. L. 110–432, § 213(d)(2), substituted ‘‘Board’’ for ‘‘Commission’’. Subsec. (f). Pub. L. 110–432, § 213(a), added subsec. (f). Statutory Notes and Related Subsidiaries FEES Pub. L. 110–432, div. B, title II, § 213(b), Oct. 16, 2008, 122 Stat. 4926, provided that: ‘‘The Surface Transpor- tation Board may establish and collect filing fees from any entity that files a complaint under section 24308(f)(1) of title 49, United States Code, or otherwise requests or requires the Board’s services pursuant to this division [see Short Title of 2008 Amendment note set out under section 20101 of this title]. The Board shall establish such fees at levels that will fully or par- tially, as the Board determines to be appropriate, offset the costs of adjudicating complaints under that section and other requests or requirements for Board action under this division. The Board may waive any fee es- Page 687 TITLE 49—TRANSPORTATION § 24309 tablished under this subsection for any governmental entity as determined appropriate by the Board.’’ SPECIAL PASSENGER TRAINS Pub. L. 110–432, div. B, title II, § 216, Oct. 16, 2008, 122 Stat. 4930, provided that: ‘‘Amtrak is encouraged to in- crease the operation of special trains funded by, or in partnership with, private sector operators through competitive contracting to minimize the need for Fed- eral subsidies. Amtrak shall utilize the provisions of section 24308 of title 49, United States Code, when nec- essary to obtain access to facilities, train and engine crews, or services of a rail carrier or regional transpor- tation authority that are required to operate such trains.’’ § 24309. Retaining and maintaining facilities (a) DEFINITIONS.—In this section— (1) ‘‘facility’’ means a rail line, right of way, fixed equipment, facility, or real property re- lated to a rail line, right of way, fixed equip- ment, or facility, including a signal system, passenger station and repair tracks, a station building, a platform, and a related facility, in- cluding a water, fuel, steam, electric, and air line. (2) downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track safety stand- ards or altering a facility so that the time re- quired for rail passenger transportation to be provided over the route on which a facility is located may be increased. (b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL.—A facility of a rail carrier or re- gional transportation authority that Amtrak used to provide rail passenger transportation on February 1, 1979, or on January 1, 1997, may be downgraded or disposed of only after approval by the Secretary of Transportation under this section. (c) NOTIFICATION AND ANALYSIS.—(1) A rail car- rier intending to downgrade or dispose of a facil- ity Amtrak currently is not using to provide transportation shall notify Amtrak of its inten- tion. If, not later than 60 days after Amtrak re- ceives the notice, Amtrak and the carrier do not agree to retain or maintain the facility or to convey an interest in the facility to Amtrak, the carrier may apply to the Secretary for ap- proval to downgrade or dispose of the facility. (2) After a rail carrier notifies Amtrak of its intention to downgrade or dispose of a facility, Amtrak shall survey population centers with rail passenger transportation facilities to assist in preparing a valid and timely analysis of the need for the facility and shall update the survey as appropriate. Amtrak also shall maintain a system for collecting information gathered in the survey. The system shall collect the infor- mation based on geographic regions and on whether the facility would be part of a short haul or long haul route. The survey should fa- cilitate an analysis of— (A) ridership potential by ascertaining exist- ing and changing travel patterns that would provide maximum efficient rail passenger transportation; (B) the quality of transportation of competi- tors or likely competitors; (C) the likelihood of Amtrak offering trans- portation at a competitive fare; (D) opportunities to target advertising and fares to potential classes of riders; (E) economic characteristics of rail pas- senger transportation related to the facility and the extent to which the characteristics are consistent with sound economic principles of short haul or long haul rail transportation; and (F) the feasibility of applying effective in- ternal cost controls to the facility and route served by the facility to improve the ratio of passenger revenue to transportation expenses (excluding maintenance of tracks, structures, and equipment and depreciation). (d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE COSTS.—(1) If Amtrak does not object to an application not later than 30 days after it is submitted, the Secretary shall approve the application promptly. (2) If Amtrak objects to an application, the Secretary shall decide by not later than 180 days after the objection those costs the rail carrier may avoid if it does not have to retain or main- tain a facility in the condition Amtrak requests. If Amtrak does not agree by not later than 60 days after the decision to pay the carrier these avoidable costs, the Secretary shall approve the application. When deciding whether to pay a carrier the avoidable costs of retaining or main- taining a facility, Amtrak shall consider— (A) the potential importance of restoring rail passenger transportation on the route on which the facility is located; (B) the market potential of the route; (C) the availability, adequacy, and energy ef- ficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route; (D) the extent to which major population centers would be served by the route; (E) the extent to which providing transpor- tation over the route would encourage the ex- pansion of an intercity rail passenger system in the United States; and (F) the possibility of increased ridership on a rail line that connects with the route. (e) COMPLIANCE WITH OTHER OBLIGATIONS.— Downgrading or disposing of a facility under this section does not relieve a rail carrier from complying with its other common carrier or legal obligations related to the facility. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 913; Pub. L. 105–134, title I, § 162, Dec. 2, 1997, 111 Stat. 2578.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24309(a) ...... 45:566(e)(1), (2). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 406; added Sept. 29, 1979, Pub. L. 96–73, § 121, 93 Stat. 548. 24309(b) ...... 45:566(a). 24309(c)(1) .. 45:566(b). 24309(c)(2) .. 45:566(d)(2). 24309(d)(1) .. 45:566(c)(1). 24309(d)(2) .. 45:566(c)(2), (d)(1). 24309(e) ...... 45:566(e)(3). In subsection (a)(1), the words ‘‘rail line’’ are sub- stituted for ‘‘railroad tracks’’ for consistency in the re- vised title and with other titles of the United States Code.