12 2 STA T .49 2 6PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 200 8tode te rmin e wh ether a ndtowhate x tent de l a ys or f ail u re toa c hie v e minimum standards are due to causes that could reasona b ly be addressed by a rail carrier over whose trac k s the intercity p assen g er train operates or reasonably addressed by A mtrak or other intercity passenger rail operators . As part of its investigation , the B oard has authority to review the accuracy of the train performance data and the extent to which scheduling and congestion contribute to delays. I n making its determination or carrying out such an investigation, the Board shall obtain information from all parties involved and identify reasonable measures and make recommendations to improve the service, q uality, and on - time performance of the train. ‘ ‘ (2)PROBLEMSCAU SE D B YH OS T RA I L CARRIER. — If the Board determines that delays or failures to achieve minimum stand- ards investigated under paragraph ( 1 ) are attributable to a rail carrier ’ s failure to provide preference to Amtrak over freight transportation as required under subsection (c), the Board may award damages against the host rail carrier, including pre- scribing such other relief to Amtrak as it determines to be reasonable and appropriate pursuant to paragraph ( 3 ) of this subsection. ‘‘(3) D AMA G ESA N D RELIE F .—In awarding damages and pre- scribing other relief under this subsection the Board shall con- sider such factors as— ‘‘(A) the extent to which Amtrak suffers financial loss as a result of host rail carrier delays or failure to achieve minimum standards
and ‘‘(B) what reasonable measures would adequately deter future actions which may reasonably be expected to be likely to result in delays to Amtrak on the route involved. ‘‘( 4 ) U SE OF DAMAGES.— T he Board shall, as it deems appro- priate, order the host rail carrier to remit the damages awarded under this subsection to Amtrak or to an entity for which Amtrak operates intercity passenger rail service. S uch damages shall be used for capital or operating expenditures on the routes over which delays or failures to achieve minimum stand- ards were the result of a rail carrier’s failure to provide pref- erence to Amtrak over freight transportation as determined in accordance with paragraph (2).’’. (b) F EES.—The Surface Transportation Board may establish and collect filing fees from any entity that files a complaint under section 243 08 (f)(1) of title 4 9 , United States C ode, or otherwise requests or requires the Board’s services pursuant to this division. The Board shall establish such fees at levels that will fully or partially, as the Board determines to be appropriate, offset the costs of ad j udicating complaints under that section and other requests or requirements for Board action under this division. The Board may waive any fee established under this subsection for any governmental entity as determined appropriate by the Board. (c) AUTHORI Z ATION OF ADDITIONAL STAFF.—The Surface Transportation Board may increase the number of Board employees byupto1 5 for the 5 fiscal year period beginning with fiscal year 2009 to carry out its responsibilities under section 24308 of title 49, United States Code, and this division. (d) CHANGE OF R EFERENCE.—Section 24308 is amended— (1) by striking ‘‘Interstate Commerce Commission’’ in sub- section (a)(2)(A) and inserting ‘‘Surface Transportation Board’’; 49USC2 4 308.Waiver a utho rit y . 49 USC 24308 n ote. R e c o m men d a - tion s .
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