US (United States) Code. Title 49. Subtitle V: Rail Programs. Part C. Chapter 243: Amtrak

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-CITE-

49 USC CHAPTER 243 - AMTRAK 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

CHAPTER 243 - AMTRAK

-MISC1-

Sec.

24301. Status and applicable laws.

24302. Board of directors.(!1)

24303. Officers.

24304. Employee stock ownership plans.

24305. General authority.

24306. Mail, express, and auto-ferry transportation.

24307. Special transportation.

24308. Use of facilities and providing services to Amtrak.

24309. Retaining and maintaining facilities.

[24310. Repealed.]

24311. Acquiring interests in property by eminent domain.

24312. Labor standards.

24313. Rail safety system program.

[24314. Repealed.]

24315. Reports and audits.

AMENDMENTS

1997 - Pub. L. 105-134, title IV, Secs. 403, 404, 415(a)(2), Dec.

2, 1997, 111 Stat. 2585, 2586, 2590, substituted "Employee stock

ownership plans" for "Capitalization" in item 24304 and struck out

item 24310 "Assistance for upgrading facilities" and item 24314

"Demonstration of new technology".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 24104, 24902 of this

title; title 45 section 1104.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 105-134 without

corresponding amendment of chapter analysis.

-End-

-CITE-

49 USC Sec. 24301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24301. Status and applicable laws

-STATUTE-

(a) Status. - Amtrak -

(1) is a railroad carrier under section 20102(2) and chapters

261 and 281 of this title;

(2) shall be operated and managed as a for-profit corporation;

and

(3) is not a department, agency, or instrumentality of the

United States Government, and shall not be subject to title 31.

(b) Principal Office and Place of Business. - The principal

office and place of business of Amtrak are in the District of

Columbia. Amtrak is qualified to do business in each State in which

Amtrak carries out an activity authorized under this part. Amtrak

shall accept service of process by certified mail addressed to the

secretary of Amtrak at its principal office and place of business.

Amtrak is a citizen only of the District of Columbia when deciding

original jurisdiction of the district courts of the United States

in a civil action.

(c) Application of Subtitle IV. - Subtitle IV of this title shall

not apply to Amtrak, except for sections 11301, 11322(a), 11502,

and 11706. Notwithstanding the preceding sentence, Amtrak shall

continue to be considered an employer under the Railroad Retirement

Act of 1974, the Railroad Unemployment Insurance Act, and the

Railroad Retirement Tax Act.

(d) Application of Safety and Employee Relations Laws and

Regulations. - Laws and regulations governing safety, employee

representation for collective bargaining purposes, the handling of

disputes between carriers and employees, employee retirement,

annuity, and unemployment systems, and other dealings with

employees that apply to a rail carrier subject to part A of

subtitle IV of this title apply to Amtrak.

(e) Application of Certain Additional Laws. - Section 552 of

title 5, this part, and, to the extent consistent with this part,

the District of Columbia Business Corporation Act (D.C. Code Sec.

29-301 et seq.) apply to Amtrak. Section 552 of title 5, United

States Code, applies to Amtrak for any fiscal year in which Amtrak

receives a Federal subsidy.

(f) Tax Exemption for Certain Commuter Authorities. - A commuter

authority that was eligible to make a contract with Amtrak Commuter

to provide commuter rail passenger transportation but which decided

to provide its own rail passenger transportation beginning January

1, 1983, is exempt, effective October 1, 1981, from paying a tax or

fee to the same extent Amtrak is exempt.

(g) Nonapplication of Rate, Route, and Service Laws. - A State or

other law related to rates, routes, or service does not apply to

Amtrak in connection with rail passenger transportation.

(h) Nonapplication of Pay Period Laws. - A State or local law

related to pay periods or days for payment of employees does not

apply to Amtrak. Except when otherwise provided under a collective

bargaining agreement, an employee of Amtrak shall be paid at least

as frequently as the employee was paid on October 1, 1979.

(i) Preemption Related to Employee Work Requirements. - A State

may not adopt or continue in force a law, rule, regulation, order,

or standard requiring Amtrak to employ a specified number of

individuals to perform a particular task, function, or operation.

(j) Nonapplication of Laws on Joint Use or Operation of

Facilities and Equipment. - Prohibitions of law applicable to an

agreement for the joint use or operation of facilities and

equipment necessary to provide quick and efficient rail passenger

transportation do not apply to a person making an agreement with

Amtrak to the extent necessary to allow the person to make and

carry out obligations under the agreement.

(k) Exemption From Additional Taxes. - (1) In this subsection -

(A) "additional tax" means a tax or fee -

(i) on the acquisition, improvement, ownership, or operation

of personal property by Amtrak; and

(ii) on real property, except a tax or fee on the acquisition

of real property or on the value of real property not

attributable to improvements made, or the operation of those

improvements, by Amtrak.

(B) "Amtrak" includes a rail carrier subsidiary of Amtrak and a

lessor or lessee of Amtrak or one of its rail carrier

subsidiaries.

(2) Amtrak is not required to pay an additional tax because of an

expenditure to acquire or improve real property, equipment, a

facility, or right-of-way material or structures used in providing

rail passenger transportation, even if that use is indirect.

(l) Exemption From Taxes Levied After September 30, 1981. - (1)

In general. - Amtrak, a rail carrier subsidiary of Amtrak, and any

passenger or other customer of Amtrak or such subsidiary, are

exempt from a tax, fee, head charge, or other charge, imposed or

levied by a State, political subdivision, or local taxing authority

on Amtrak, a rail carrier subsidiary of Amtrak, or on persons

traveling in intercity rail passenger transportation or on mail or

express transportation provided by Amtrak or such a subsidiary, or

on the carriage of such persons, mail, or express, or on the sale

of any such transportation, or on the gross receipts derived

therefrom after September 30, 1981. In the case of a tax or fee

that Amtrak was required to pay as of September 10, 1982, Amtrak is

not exempt from such tax or fee if it was assessed before April 1,

1997.

(2) The district courts of the United States have original

jurisdiction over a civil action Amtrak brings to enforce this

subsection and may grant equitable or declaratory relief requested

by Amtrak.

(m) Waste Disposal. - (1) An intercity rail passenger car

manufactured after October 14, 1990, shall be built to provide for

the discharge of human waste only at a servicing facility. Amtrak

shall retrofit each of its intercity rail passenger cars that was

manufactured after May 1, 1971, and before October 15, 1990, with a

human waste disposal system that provides for the discharge of

human waste only at a servicing facility. Subject to appropriations

-

(A) the retrofit program shall be completed not later than

October 15, 2001; and

(B) a car that does not provide for the discharge of human

waste only at a servicing facility shall be removed from service

after that date.

(2) Section 361 of the Public Health Service Act (42 U.S.C. 264)

and other laws of the United States, States, and local governments

do not apply to waste disposal from rail carrier vehicles operated

in intercity rail passenger transportation. The district courts of

the United States have original jurisdiction over a civil action

Amtrak brings to enforce this paragraph and may grant equitable or

declaratory relief requested by Amtrak.

(n) Rail Transportation Treated Equally. - When authorizing

transportation in the continental United States for an officer,

employee, or member of the uniformed services of a department,

agency, or instrumentality of the Government, the head of that

department, agency, or instrumentality shall consider rail

transportation (including transportation by extra-fare trains) the

same as transportation by another authorized mode. The

Administrator of General Services shall include Amtrak in the

contract air program of the Administrator in markets in which

transportation provided by Amtrak is competitive with other

carriers on fares and total trip times.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 904; Pub. L.

104-88, title III, Sec. 308(g), Dec. 29, 1995, 109 Stat. 947; Pub.

L. 105-134, title I, Secs. 106(b), 110(a), title II, Sec. 208,

title IV, Secs. 401, 402, 415(d)(1), Dec. 2, 1997, 111 Stat. 2573,

2574, 2584, 2585, 2590.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24301(a) 45:541 (1st Oct. 30, 1970, Pub. L.

sentence). 91-518, Sec. 301 (1st, 4th,

last sentences), 84 Stat.

1330.

45:541 (2d sentence Oct. 30, 1970, Pub. L.

words before 1st 91-518, Sec. 301 (2d

comma). sentence words before 1st

comma), 84 Stat. 1330; Oct.

5, 1978, Pub. L. 95-421,

Sec. 11, 92 Stat. 928.

45:541 (3d Oct. 30, 1970, Pub. L.

sentence). 91-518, Sec. 301 (3d

sentence), 84 Stat. 1330;

June 22, 1988, Pub. L.

100-342, Sec. 18(a), 102

Stat. 636.

45:541 (last

sentence).

45:546(a) (words Oct. 30, 1970, Pub. L.

after "The 91-518, Sec. 306(a), 84

Corporation" and Stat. 1332; June 22, 1972,

before "and shall Pub. L. 92-316, Sec. 3(a),

be subject to"). 86 Stat. 228; Sept. 29,

1979, Pub. L. 96-73, Sec.

112(a), 93 Stat. 541; Apr.

7, 1986, Pub. L. 99-272,

Sec. 4015, 100 Stat. 110.

24301(b) 45:546(m). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(m); added Sept. 29,

1979, Pub. L. 96-73, Sec.

112(c), 93 Stat. 541; Apr.

7, 1986, Pub. L. 99-272,

Sec. 4013, 100 Stat. 109.

24301(c)( 45:546(a) (less

1), (2)(A) words after "The

Corporation" and

before "and shall

be subject to").

24301(c) 45:546a. Oct. 5, 1978, Pub. L.

(2)(B) 95-421, Sec. 7, 92 Stat. 927.

24301(d) 45:546(b). Oct. 30, 1970, Pub. L.

91-518, Secs. 305(a) (last

sentence), 306(b)-(e), 84

Stat. 1332, 1333.

24301(e) 45:541 (4th

sentence).

45:545(a) (last

sentence).

45:545(e)(8). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(e)(8); added Nov. 3,

1973, Pub. L. 93-146, Sec.

6, 87 Stat. 551.

45:546(g). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(g); added June 22, 1972,

Pub. L. 92-316, Sec. 3(b),

86 Stat. 228.

24301(f) 45:546(d).

24301(g) 45:546(c).

24301(h) 45:546(l). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(l); added Sept. 29,

1979, Pub. L. 96-73, Sec.

112(c), 93 Stat. 541.

24301(i) 45:797j (words ", Jan. 2, 1974, Pub. L.

the National 93-236, 87 Stat. 985, Sec.

Railroad Passenger 711 (words ", the National

Corporation,"). Railroad Passenger

Corporation,"); added Aug.

13, 1981, Pub. L. 97-35,

Sec. 1143(a), 95 Stat. 667.

24301(j) 45:546(e).

24301(k) 45:546(n). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(n); added Aug. 13, 1981,

Pub. L. 97-35, Sec. 1178, 95

Stat. 692; restated Oct. 27,

1992, Pub. L. 102-533, Sec.

6, 106 Stat. 3517.

24301(l) 45:546b. Sept. 10, 1982, Pub. L.

97-257, Sec. 107 (par. under

heading "Grants to the

National Railroad Passenger

Corporation"), 96 Stat. 852.

24301(m) 45:546(i). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(i); added Feb. 5, 1976,

Pub. L. 94-210, Sec. 706(e),

90 Stat. 124; Oct. 19, 1976,

Pub. L. 94-555, Sec. 105, 90

Stat. 2615; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412; Nov. 16, 1990,

Pub. L. 101-610, Sec.

601(a), 104 Stat. 3185.

24301(n) 45:546(f). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(f); added June 22, 1972,

Pub. L. 92-316, Sec. 3(b),

86 Stat. 228; Apr. 7, 1986,

Pub. L. 99-272, Sec. 4004,

100 Stat. 107.

--------------------------------------------------------------------

In subsection (a), before clause (1), the text of 45:541 (1st

sentence) is omitted as executed. The text of 45:541 (last

sentence) is omitted as surplus. In clause (1), the words "rail

carrier" are substituted for "common carrier by railroad" because

of 49:10102. In clause (3), the words "department, agency, or

instrumentality" are substituted for "agency, instrumentality,

authority, or entity, or establishment" for consistency in the

revised title and with other titles of the United States Code. The

word "instrumentality" includes entities, authorities,

establishments, and any other organizational unit of the United

States Government that is not a department or agency.

In subsection (b), the words "In connection with the performance

of such activities" and "to which the Corporation is a party" are

omitted as surplus.

In subsection (c)(1)(B), the words "whether by trackage rights or

otherwise" are omitted as surplus.

In subsection (c)(2)(B), the words "adversely affected" are

substituted for "aggrieved" for consistency in the revised title

and with other titles of the Code.

In subsection (d), the word "same" is omitted as surplus.

In subsection (e), the text of 45:545(a) (last sentence) and

(e)(8) is omitted as surplus.

In subsection (f), the words "the place" are omitted as surplus.

In subsection (h), the word "applicable" is omitted as surplus.

In subsection (j), the words "existing", "including the antitrust

laws of the United States", and "contracts . . . leases" are

omitted as surplus.

In subsection (k)(2), the words "of funds" are omitted as

surplus.

In subsection (l)(1), the words "Notwithstanding any other

provision of law", "other", "including such taxes and fees levied

after September 30, 1982", and "notwithstanding any provision of

law" are omitted as surplus. The text of 45:546b (2d sentence) is

omitted as executed.

In subsection (l)(2), the words "Notwithstanding the provision of

section 1341 of title 28" are omitted as surplus.

In subsection (m)(1), before clause (A), the word "New" is

omitted as surplus.

In subsection (m)(2), the word "vehicles" is substituted for

"conveyances" for clarity.

In subsection (n), the words "uniformed services" are substituted

for "Armed Forces or commissioned services" for consistency in the

revised title and with other titles of the Code.

-REFTEXT-

REFERENCES IN TEXT

The Railroad Retirement Act of 1974, referred to in subsec. (c),

is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L.

93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is

classified generally to subchapter IV (Sec. 231 et seq.) of chapter

9 of Title 45, Railroads. For further details and complete

classification of this Act to the Code, see Codification note set

out preceding section 231 of Title 45, section 231t of Title 45,

and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec.

(c), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,

which is classified principally to chapter 11 (Sec. 351 et seq.) of

Title 45, Railroads. For complete classification of this Act to the

Code, see section 367 of Title 45 and Tables.

The Railroad Retirement Tax Act, referred to in subsec. (c), is

act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221, and

3231 to 3233, 68A Stat. 431, as amended, which is classified

generally to chapter 22 (Sec. 3201 et seq.) of Title 26, Internal

Revenue Code. For complete classification of this Act to the Code,

see section 3233 of Title 26 and Tables.

The District of Columbia Business Corporation Act, referred to in

subsec. (e), is act June 8, 1954, ch. 269, 68 Stat. 179, as

amended, which is not classified to the Code.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-134, Sec. 401(1), substituted

"railroad carrier under section 20102(2) and chapters 261 and 281"

for "rail carrier under section 10102".

Subsec. (a)(3). Pub. L. 105-134, Sec. 415(d)(1), inserted ", and

shall not be subject to title 31" after "United States Government".

Subsec. (c). Pub. L. 105-134, Sec. 401(2), reenacted heading

without change and amended text generally. Prior to amendment, text

read as follows:

"(1) Part A of subtitle IV of this title applies to Amtrak,

except for provisions related to the -

"(A) regulation of rates;

"(B) abandonment or extension of rail lines used only for

passenger transportation and the abandonment or extension of

operations over those lines;

"(C) regulation of routes and service;

"(D) discontinuance or change of rail passenger transportation

operations; and

"(E) issuance of securities or the assumption of an obligation

or liability related to the securities of others.

"(2) Notwithstanding this subsection -

"(A) section 10721 of this title applies to Amtrak; and

"(B) on application of an adversely affected motor carrier, the

Surface Transportation Board under part A of subtitle IV of this

title may hear a complaint about an unfair or predatory rate or

marketing practice of Amtrak for a route or service operating at

a loss."

Subsec. (e). Pub. L. 105-134, Sec. 110(a), inserted at end

"Section 552 of title 5, United States Code, applies to Amtrak for

any fiscal year in which Amtrak receives a Federal subsidy."

Subsec. (f). Pub. L. 105-134, Sec. 106(b), amended heading and

text of subsec. (f) generally. Prior to amendment, text read as

follows: "The laws of the District of Columbia govern leases and

contracts of Amtrak, regardless of where they are executed."

Subsec. (l)(1). Pub. L. 105-134, Sec. 208, inserted heading and

substituted in text "Amtrak, a rail carrier subsidiary of Amtrak,

and any passenger or other customer of Amtrak or such subsidiary,

are" for "Amtrak or a rail carrier subsidiary of Amtrak is", "tax,

fee, head charge, or other charge, imposed or levied by a State,

political subdivision, or local taxing authority on Amtrak, a rail

carrier subsidiary of Amtrak, or on persons traveling in intercity

rail passenger transportation or on mail or express transportation

provided by Amtrak or such a subsidiary, or on the carriage of such

persons, mail, or express, or on the sale of any such

transportation, or on the gross receipts derived therefrom" for

"tax or fee imposed by a State, a political subdivision of a State,

or a local taxing authority and levied on it", and "In the case of

a tax or fee that Amtrak was required to pay as of September 10,

1982, Amtrak is not exempt from such tax or fee if it was assessed

before April 1, 1997." for "However, Amtrak is not exempt under

this subsection from a tax or fee that it was required to pay as of

September 10, 1982."

Subsec. (m)(1)(A). Pub. L. 105-134, Sec. 402, substituted "2001"

for "1996".

1995 - Subsec. (c)(1). Pub. L. 104-88, Sec. 308(g)(1)(A),

substituted "Part A of subtitle IV" for "Subtitle IV".

Subsec. (c)(2)(A). Pub. L. 104-88, Sec. 308(g)(1)(B), substituted

"section 10721 of this title applies" for "sections 10721-10724 of

this title apply".

Subsec. (c)(2)(B). Pub. L. 104-88, Sec. 308(g)(1)(C), substituted

"Transportation Board under part A of subtitle IV" for "Interstate

Commerce Commission under any provision of subtitle IV of this

title applicable to a carrier subject to subchapter I of chapter

105".

Subsec. (d). Pub. L. 104-88, Sec. 308(g)(2), substituted "rail

carrier subject to part A of subtitle IV" for "common carrier

subject to subchapter I of chapter 105".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

REGULATIONS

Pub. L. 101-610, title VI, Sec. 601(d), (e), Nov. 16, 1990, 104

Stat. 3186, provided that:

"(d) Not later than 1 year after the date of enactment of this

Act [Nov. 16, 1990], the Secretary of Transportation, after

appropriate notice and comment, and in consultation with the

National Railroad Passenger Corporation, the Administrator of the

Environmental Protection Agency, the Surgeon General, and State and

local officials shall promulgate such regulations as may be

necessary to mitigate the impact of the discharge of human waste

from railroad passenger cars on areas that may be considered

environmentally sensitive.

"(e) Not later than 1 year after the date of enactment of this

Act [Nov. 16, 1990], the Secretary of Transportation shall

promulgate regulations directing the National Railroad Passenger

Corporation to, where appropriate, publish printed information, and

make public address announcements, explaining its existing disposal

technology and the retrofit and new equipment program, and

encouraging passengers using existing equipment not to dispose of

wastes in stations, railroad yards, or while the train is moving

through environmentally sensitive areas."

PASSENGER CHOICE

Pub. L. 105-134, title I, Sec. 109, Dec. 2, 1997, 111 Stat. 2574,

provided that: "Federal employees are authorized to travel on

Amtrak for official business where total travel cost from office to

office is competitive on a total trip or time basis."

APPLICATION OF FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT

Pub. L. 105-134, title I, Sec. 110(b), Dec. 2, 1997, 111 Stat.

2574, provided that: "Section 303B(m) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 253b(m)) applies to

a proposal in the possession or control of Amtrak."

EXEMPTION FROM LAWS RELATING TO ABANDONED OR UNCLAIMED PROPERTY

Pub. L. 104-205, title III, Sec. 347, Sept. 30, 1996, 110 Stat.

2976, provided that: "Hereinafter, the National Railroad Passenger

Corporation (Amtrak) shall be exempted from any State or local law

relating to the payment or delivery of abandoned or unclaimed

personal property to any government authority, including any

provision for the enforcement thereof, with respect to passenger

rail tickets for which no refund has been or may be claimed, and

such law shall not apply to funds held by Amtrak as a result of the

purchase of tickets after April 30, 1972 for which no refund has

been claimed."

-End-

-CITE-

49 USC Sec. 24302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24302. Board of Directors

-STATUTE-

(a) Reform Board. -

(1) Establishment and duties. - The Reform Board described in

paragraph (2) shall assume the responsibilities of the Board of

Directors of Amtrak by March 31, 1998, or as soon thereafter as

at least 4 members have been appointed and qualified. The Board

appointed under prior law shall be abolished when the Reform

Board assumes such responsibilities.

(2) Membership. - (A)(i) The Reform Board shall consist of 7

voting members appointed by the President, by and with the advice

and consent of the Senate, for a term of 5 years.

(ii) Notwithstanding clause (i), if the Secretary of

Transportation is appointed to the Reform Board, such appointment

shall not be subject to the advice and consent of the Senate. If

appointed, the Secretary may be represented at Board meetings by

his designee.

(B) In selecting the individuals described in subparagraph (A)

for nominations for appointments to the Reform Board, the

President should consult with the Speaker of the House of

Representatives, the Minority Leader of the House of

Representatives, the Majority Leader of the Senate, and the

Minority Leader of the Senate.

(C) Appointments under subparagraph (A) shall be made from

among individuals who -

(i) have technical qualifications, professional standing, and

demonstrated expertise in the fields of transportation or

corporate or financial management;

(ii) are not representatives of rail labor or rail

management; and

(iii) in the case of 6 of the 7 individuals selected, are not

employees of Amtrak or of the United States.

(D) The President of Amtrak shall serve as an ex officio,

nonvoting member of the Reform Board.

(3) Confirmation procedure in senate. -

(A) This paragraph is enacted by the Congress -

(i) as an exercise of the rulemaking power of the Senate,

and as such it is deemed a part of the rules of the Senate,

but applicable only with respect to the procedure to be

followed in the Senate in the case of a motion to discharge;

and it supersedes other rules only to the extent that it is

inconsistent therewith; and

(ii) with full recognition of the constitutional right of

the Senate to change the rules (so far as relating to the

procedure of the Senate) at any time, in the same manner and

to the same extent as in the case of any other rule of the

Senate.

(B) If, by the first day of June on which the Senate is in

session after a nomination is submitted to the Senate under

this section, the committee to which the nomination was

referred has not reported the nomination, then it shall be

discharged from further consideration of the nomination and the

nomination shall be placed on the Executive Calendar.

(C) It shall be in order at any time thereafter to move to

proceed to the consideration of the nomination without any

intervening action or debate.

(D) After no more than 10 hours of debate on the nomination,

which shall be evenly divided between, and controlled by, the

Majority Leader and the Minority Leader, the Senate shall

proceed without intervening action to vote on the nomination.

(b) Board of Directors. - Five years after the establishment of

the Reform Board under subsection (a), a Board of Directors shall

be selected -

(1) if Amtrak has, during the then current fiscal year,

received Federal assistance, in accordance with the procedures

set forth in subsection (a)(2); or

(2) if Amtrak has not, during the then current fiscal year,

received Federal assistance, pursuant to bylaws adopted by the

Reform Board (which shall provide for employee representation),

and the Reform Board shall be dissolved.

(c) Authority to Recommend Plan. - The Reform Board shall have

the authority to recommend to the Congress a plan to implement the

recommendations of the 1997 Working Group on Inter-City Rail

regarding the transfer of Amtrak's infrastructure assets and

responsibilities to a new separately governed corporation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 906; Pub. L.

105-134, title IV, Sec. 411(a), Dec. 2, 1997, 111 Stat. 2588.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24302(a)(1) 45:543(a)(1) (words Oct. 30, 1970, Pub. L.

before (A)), (A) 91-518, Sec. 303(a), 84

(1st sentence), Stat. 1330; restated Nov. 3,

(B)-(E) (words 1973, Pub. L. 93-146, Sec.

before comma). 3(a), 87 Stat. 548; Feb. 5,

1976, Pub. L. 94-210, Sec.

706(f), 90 Stat. 124; Oct.

19, 1976, Pub. L. 94-555,

Sec. 103, 90 Stat. 2615; May

30, 1980, Pub. L. 96-254,

Sec. 206(a), 94 Stat. 412;

Aug. 13, 1981, Pub. L.

97-35, Sec. 1174(a), 95

Stat. 689; June 22, 1988,

Pub. L. 100-342, Sec. 18(b),

102 Stat. 636.

24302(a)(2) 45:543(a)(2)(A)

(1st sentence words

before comma, last

sentence).

24302(a)(3) 45:543(a)(2)(B).

24302(a)(4) 45:543(a)(1)(E)

(words after comma).

24302(a)(5) 45:543(a)(4).

24302(a)(6) 45:543(a)(1)(A)

(last sentence).

24302(b) 45:543(a)(7).

45:543(c). Oct. 30, 1970, Pub. L.

91-518, Sec. 303(b), (c), 84

Stat. 1331.

24302(c) 45:543(a)(6).

24302(d) 45:543(a)(5).

24302(e) 45:543(a)(2)(A)

(1st sentence words

after comma), (3),

(8).

24302(f) 45:543(b).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "is composed

of the following 9 directors, each of whom must be a citizen" are

substituted for "consisting of nine individuals who are citizens"

for consistency in the revised title. The words "as follows" are

omitted as surplus. In clause (A), the words "ex officio" are

omitted as surplus. In clause (C)(ii), the words "chief executive

officer of a State" are substituted for "Governor" for consistency

in the revised title and with other titles of the United States

Code. In clause (D), the text of 45:543(a)(1)(D)(i) and the words

"after January 1, 1983" are omitted as executed.

In subsection (a)(2), the words "by the President" and

"registered as" are omitted as surplus.

In subsection (a)(3) and (4), the word "selected" is substituted

for "appointed" for consistency.

In subsection (a)(6), the word "only" is added for clarity.

In subsection (b), the text of 45:543(a)(7) is omitted as

obsolete because preferred stockholder representatives are always

part of Amtrak's board of directors. The text of 45:543(c) (words

after "all stockholders") is omitted as obsolete because Congress

eliminated common stockholder representatives when it reconstituted

the board.

In subsection (c), the words "direct or indirect" are omitted as

surplus.

In subsection (d), the word "performing" is substituted for

"engaged in the actual performance of" to eliminate unnecessary

words. The word "board" is added for clarity. The words "and

powers" are added for consistency in the revised title and with

other titles of the Code. The word "reasonable" is substituted for

"which is reasonably required" to eliminate unnecessary words.

In subsection (e), the words "the membership of" and "in the case

of" are omitted as surplus. The words "occurring before the end of

the term for which the predecessor of that individual was appointed

is appointed for the remainder of the term" are substituted for

"shall be appointed only for the unexpired term of the member he is

appointed to succeed" for clarity and consistency in the revised

title and with other titles of the Code. The words "under

subsection (a)(1)(C)" the 2d time they appear are substituted for

"paragraph (1)(B) of this subsection" in 45:543(a)(8) to correct an

erroneous cross-reference.

AMENDMENTS

1997 - Pub. L. 105-134 amended section catchline and text

generally. Prior to amendment, text related, in subsec. (a), to

composition and terms of Amtrak board of directors, in subsec. (b),

to cumulative voting by stockholders, in subsec. (c), to conflicts

of interest of directors, in subsec. (d), to pay and expenses of

directors, in subsec. (e), to vacancies on board, and in subsec.

(f), to bylaws of board.

-End-

-CITE-

49 USC Sec. 24303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24303. Officers

-STATUTE-

(a) Appointment and Terms. - Amtrak has a President and other

officers that are named and appointed by the board of directors of

Amtrak. An officer of Amtrak must be a citizen of the United

States. Officers of Amtrak serve at the pleasure of the board.

(b) Pay. - The board may fix the pay of the officers of Amtrak.

An officer may not be paid more than the general level of pay for

officers of rail carriers with comparable responsibility. The

preceding sentence shall not apply for any fiscal year for which no

Federal assistance is provided to Amtrak.

(c) Conflicts of Interest. - When employed by Amtrak, an officer

may not have a financial or employment relationship with another

rail carrier, except that holding securities issued by a rail

carrier is not deemed to be a violation of this subsection if the

officer holding the securities makes a complete public disclosure

of the holdings and does not participate in any decision directly

affecting the rail carrier.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 907; Pub. L.

105-134, title II, Sec. 207, Dec. 2, 1997, 111 Stat. 2584.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24303(a) 45:543(d) (1st, Oct. 30, 1970, Pub. L.

4th, 5th sentences). 91-518, Sec. 303(d), 84

Stat. 1331; June 22, 1972,

Pub. L. 92-316, Sec. 1(a),

86 Stat. 227; May 26, 1975,

Pub. L. 94-25, Sec. 2, 89

Stat. 90; July 18, 1982,

Pub. L. 97-216, Sec. 101

(par. under heading "Grants

to the National Railroad

Passenger Corporation"), 96

Stat. 187; June 22, 1988,

Pub. L. 100-342, Sec. 18(c),

102 Stat. 636.

24303(b) 45:543(d) (2d, 3d

sentences).

24303(c) 45:543(d) (last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "of directors of Amtrak" are added

for clarity.

In subsection (b), the words "rates of", "president and other",

and "at a level" are omitted as surplus.

In subsection (c), the words "direct or indirect" are omitted as

surplus. The word "another" is substituted for "any" for clarity.

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-134 inserted at end "The

preceding sentence shall not apply for any fiscal year for which no

Federal assistance is provided to Amtrak."

-End-

-CITE-

49 USC Sec. 24304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24304. Employee stock ownership plans

-STATUTE-

In issuing stock pursuant to applicable corporate law, Amtrak is

encouraged to include employee stock ownership plans.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 908; Pub. L.

105-134, title IV, Sec. 415(a)(1), Dec. 2, 1997, 111 Stat. 2590.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24304(a) 45:544(a) (1st Oct. 30, 1970, Pub. L.

sentence, last 91-518, Sec. 304(a), 84

sentence words Stat. 1331; Aug. 13, 1981,

before (A), (A) Pub. L. 97-35, Sec. 1175(1),

(1st sentence), (2), 95 Stat. 691.

(B)(i) (1st

sentence)).

24304(b) 45:544(a) (2d

sentence).

45:544(b). Oct. 30, 1970, Pub. L.

91-518, Sec. 304(b), 84

Stat. 1332; Oct. 28, 1974,

Pub. L. 93-496, Sec. 2, 88

Stat. 1526.

24304(c) 45:544(a) (last

sentence words

before (A), (A)

(last sentence),

(B)(i) (last

sentence), (ii),

(iii)).

24304(d)(1) 45:544(c)(1), (2). Oct. 30, 1970, Pub. L.

91-518, Sec. 304(c)(1), (2),

84 Stat. 1332; restated Aug.

13, 1981, Pub. L. 97-35,

Sec. 1175(3), 95 Stat. 691.

24304(d)(2) 45:544(c)(3). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

304(c)(3); added Apr. 7,

1986, Pub. L. 99-272, Sec.

4003, 100 Stat. 107.

24304(d)(3) 45:544(c)(4). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

304(c)(4); added Oct. 27,

1992, Pub. L. 102-533, Sec.

5, 106 Stat. 3517.

24304(e) 45:544(e)(2). Oct. 30, 1970, Pub. L.

91-518, Sec. 304(d), (e), 84

Stat. 1332; restated Aug.

13, 1981, Pub. L. 97-35,

Sec. 1175(4), 95 Stat. 691.

24304(f) 45:544(d).

24304(g) 45:544(e)(1).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "issue and" are

omitted because they are included in "have outstanding". The words

"in such amounts as it shall determine" are omitted as surplus. The

words "one issue of common stock and one issue of preferred stock"

are substituted for "two issues of capital stock, a common and a

preferred" for clarity. In clause (1), the word "designated" is

omitted as surplus.

In subsection (b)(1)(A), the words "may not hold" are substituted

for "may be issued and held only by any person other than" to

eliminate unnecessary words.

In subsections (b)(1)(B) and (c), the words "as defined in

section 10102(6) of title 49" are omitted because of the definition

of "rail carrier" in section 24102 of the revised title.

In subsection (b)(1)(B), the words "after the initial issue is

completed" are omitted as executed. The words "single" and

"directly or indirectly through subsidiaries or affiliated

companies, nominees, or any person subject to its direction or

control" are omitted as surplus. The words "may vote not more than

one-third of the total number of shares of outstanding common stock

of Amtrak" are substituted for "At no time . . . shall the

aggregate of the shares of common stock of the Corporation voted by

. . . exceed 33 1/3 per centum of such shares issued and

outstanding" to eliminate unnecessary words.

In subsection (b)(2), the words "Additional common stock" are

substituted for "a number of shares in excess of 33 1/3 per centum

of the total number of common shares issued and outstanding, such

excess number" to eliminate unnecessary words. The words "issued

and" are omitted because they are included in "outstanding".

Subsection (c)(1) is substituted for "Dividends shall be fixed at

a rate not less than 6 per centum per annum, and shall be

cumulative" to eliminate unnecessary words.

In subsection (c)(2), the text of 45:544(a) (last sentence) (A)

(last sentence) and the words "for any dividend period" and "at the

rate fixed in the articles of incorporation" are omitted as

surplus.

In subsection (c)(3), the words "holders of preferred stock" are

substituted for "preferred stockholders", and the words "holders of

common stock" are substituted for "common stockholders", for

consistency in this chapter.

In subsection (c)(4), the words "at such time and upon such terms

as the articles of incorporation shall provide" are omitted as

surplus.

In subsection (d)(1), the text of 45:544(c)(1) and the words

"Commencing on October 1, 1981" are omitted as executed. The words

"and in consideration of receiving further Federal financial

assistance", "of the United States Government", "additional", and

"of funds" are omitted as surplus.

In subsection (d)(3), the words "required to be issued" are

omitted as surplus.

Subsection (e) is substituted for 45:544(e)(2) to eliminate

unnecessary words.

In subsection (f), the words "in addition to the stock authorized

by subsection (a) of this section", "securities, bonds, debentures,

notes, and other", and "as it may determine" are omitted as

surplus.

Subsection (g) is substituted for 45:544(e)(1) to eliminate

unnecessary words.

AMENDMENTS

1997 - Pub. L. 105-134 amended section catchline and text

generally, substituting provisions relating to employee stock

ownership plans for provisions relating to capitalization of

Amtrak.

AMTRAK STOCK

Pub. L. 105-134, title IV, Sec. 415(b), (c), Dec. 2, 1997, 111

Stat. 2590, provided that:

"(b) Redemption of Common Stock. - Amtrak shall, before October

1, 2002, redeem all common stock previously issued, for the fair

market value of such stock.

"(c) Elimination of Liquidation Preference and Voting Rights of

Preferred Stock. - (1)(A) Preferred stock of Amtrak held by the

Secretary of Transportation shall confer no liquidation preference.

"(B) Subparagraph (A) shall take effect 90 days after the date of

the enactment of this Act [Dec. 2, 1997].

"(2)(A) Preferred stock of Amtrak held by the Secretary of

Transportation shall confer no voting rights.

"(B) Subparagraph (A) shall take effect 60 days after the date of

the enactment of this Act."

-End-

-CITE-

49 USC Sec. 24305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24305. General authority

-STATUTE-

(a) Acquisition and Operation of Equipment and Facilities. - (1)

Amtrak may acquire, operate, maintain, and make contracts for the

operation and maintenance of equipment and facilities necessary for

intercity and commuter rail passenger transportation, the

transportation of mail and express, and auto-ferry transportation.

(2) Amtrak shall operate and control directly, to the extent

practicable, all aspects of the rail passenger transportation it

provides.

(3)(A) Except as provided in subsection (d)(2), Amtrak may enter

into a contract with a motor carrier of passengers for the

intercity transportation of passengers by motor carrier over

regular routes only -

(i) if the motor carrier is not a public recipient of

governmental assistance, as such term is defined in section

13902(b)(8)(A) of this title, other than a recipient of funds

under section 5311 of this title;

(ii) for passengers who have had prior movement by rail or will

have subsequent movement by rail; and

(iii) if the buses, when used in the provision of such

transportation, are used exclusively for the transportation of

passengers described in clause (ii).

(B) Subparagraph (A) shall not apply to transportation funded

predominantly by a State or local government, or to ticket selling

agreements.

(b) Maintenance and Rehabilitation. - Amtrak may maintain and

rehabilitate rail passenger equipment and shall maintain a regional

maintenance plan that includes -

(1) a review panel at the principal office of Amtrak consisting

of members the President of Amtrak designates;

(2) a systemwide inventory of spare equipment parts in each

operational region;

(3) enough maintenance employees for cars and locomotives in

each region;

(4) a systematic preventive maintenance program;

(5) periodic evaluations of maintenance costs, time lags, and

parts shortages and corrective actions; and

(6) other elements or activities Amtrak considers appropriate.

(c) Miscellaneous Authority. - Amtrak may -

(1) make and carry out appropriate agreements;

(2) transport mail and express and shall use all feasible

methods to obtain the bulk mail business of the United States

Postal Service;

(3) improve its reservation system and advertising;

(4) provide food and beverage services on its trains only if

revenues from the services each year at least equal the cost of

providing the services;

(5) conduct research, development, and demonstration programs

related to the mission of Amtrak; and

(6) buy or lease rail rolling stock and develop and demonstrate

improved rolling stock.

(d) Through Routes and Joint Fares. - (1) Establishing through

routes and joint fares between Amtrak and other intercity rail

passenger carriers and motor carriers of passengers is consistent

with the public interest and the transportation policy of the

United States. Congress encourages establishing those routes and

fares.

(2) Amtrak may establish through routes and joint fares with any

domestic or international motor carrier, air carrier, or water

carrier.

(3) Congress encourages Amtrak and motor common carriers of

passengers to use the authority conferred in sections 11322 and

14302 of this title for the purpose of providing improved service

to the public and economy of operation.

(e) Rail Police. - Amtrak may employ rail police to provide

security for rail passengers and property of Amtrak. Rail police

employed by Amtrak who have complied with a State law establishing

requirements applicable to rail police or individuals employed in a

similar position may be employed without regard to the law of

another State containing those requirements.

(f) Domestic Buying Preferences. - (1) In this subsection,

"United States" means the States, territories, and possessions of

the United States and the District of Columbia.

(2) Amtrak shall buy only -

(A) unmanufactured articles, material, and supplies mined or

produced in the United States; or

(B) manufactured articles, material, and supplies manufactured

in the United States substantially from articles, material, and

supplies mined, produced, or manufactured in the United States.

(3) Paragraph (2) of this subsection applies only when the cost

of those articles, material, or supplies bought is at least

$1,000,000.

(4) On application of Amtrak, the Secretary of Transportation may

exempt Amtrak from this subsection if the Secretary decides that -

(A) for particular articles, material, or supplies -

(i) the requirements of paragraph (2) of this subsection are

inconsistent with the public interest;

(ii) the cost of imposing those requirements is unreasonable;

or

(iii) the articles, material, or supplies, or the articles,

material, or supplies from which they are manufactured, are not

mined, produced, or manufactured in the United States in

sufficient and reasonably available commercial quantities and

are not of a satisfactory quality; or

(B) rolling stock or power train equipment cannot be bought and

delivered in the United States within a reasonable time.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 909; Pub. L.

105-134, title I, Sec. 107, Dec. 2, 1997, 111 Stat. 2573.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24305(a)(1) 45:545(a) (1st Oct. 30, 1970, Pub. L.

sentence 1st-32d 91-518, Sec. 305(a) (1st, 2d

words, words after sentences), 84 Stat. 1332;

last semicolon). June 22, 1972, Pub. L.

92-316, Sec. 2(1), (2), 86

Stat. 228; Nov. 3, 1973,

Pub. L. 93-146, Sec. 4, 87

Stat. 549; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1188(b),

95 Stat. 699.

45:545(b) (4th Oct. 30, 1970, Pub. L.

sentence). 91-518, 84 Stat. 1327, Sec.

305(b) (4th sentence); added

June 22, 1972, Pub. L.

92-316, Sec. 2(3), 86 Stat.

228; Nov. 3, 1973, Pub. L.

93-146, Sec. 5, 87 Stat. 550.

45:545(e)(5). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(e)(1)-(6); added Nov. 3,

1973, Pub. L. 93-146, Sec.

6, 87 Stat. 551.

24305(a)(2) 45:545(a) (2d

sentence).

24305(b) 45:545(e)(2).

45:545(g). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(g); added Oct. 28, 1974,

Pub. L. 93-496, Sec. 3, 88

Stat. 1527; restated Sept.

29, 1979, Pub. L. 96-73,

Secs. 106, 107, 93 Stat.

539, 540.

24305(c)(1) 45:851(a)(2). Feb. 5, 1976, Pub. L.

94-210, Sec. 701(a)(2), 90

Stat. 119.

24305(c)(2) 45:545(a) (1st

sentence 33d

word-1st semicolon).

45:545a. Oct. 5, 1978, Pub. L.

95-421, Sec. 19, 92 Stat.

930.

24305(c)(3) 45:545(e)(1).

24305(c)(4) 45:545(n). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(n); added Aug. 13, 1981,

Pub. L. 97-35, Sec. 1177(a),

95 Stat. 692.

24305(c)(5) 45:545(a) (1st

sentence words

between 1st and

last semicolons),

(e)(3).

24305(c)(6) 45:545(e)(4), (6).

24305(d) 45:546(j). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(j); added Oct. 19, 1976,

Pub. L. 94-555, Sec. 106, 90

Stat. 2615; Sept. 29, 1979,

Pub. L. 96-73, Sec. 112(b),

93 Stat. 541.

24305(e) 45:545(j). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(j); added Oct. 19, 1976,

Pub. L. 94-555, Sec. 104, 90

Stat. 2615; Sept. 29, 1979,

Pub. L 96-73, Secs. 106,

108, 93 Stat. 539, 540.

24305(f) 45:545(k). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(k); added Oct. 5, 1978,

Pub. L. 95-421, Sec. 10, 92

Stat. 928; Sept. 29, 1979,

Pub. L. 96-73, Secs. 106,

109, 93 Stat. 539, 540.

--------------------------------------------------------------------

In subsection (a)(1), the text of 45:545(e)(5) is omitted as

obsolete. The words "acquire, operate, maintain, and make contracts

for the operation and maintenance of" are substituted for "own,

manage, operate, or contract for the operation of", "acquire by

construction, purchase, or gift, or to contract for the use of",

"acquire, lease, modify, or develop", and "or to enter into

contracts for the provision of such service" to eliminate

unnecessary words. The word "physical" is omitted as surplus. The

words "intercity and commuter trains" are omitted as being included

in "equipment". The words "the transportation of mail and express"

are substituted for "mail, express . . . service" for consistency

in this chapter.

In subsection (b), before clause (1), the words "service" and

"repair" are omitted as surplus. The words "not later than January

1, 1980" are omitted as executed. In clause (1), the words

"principal office of Amtrak" are substituted for "corporate

headquarters" for clarity and consistency. In clauses (3) and (4),

the words "establishment of" are omitted as executed.

In subsection (c)(1), the words "contracts and" and "necessary or

. . . in the conduct of its functions" are omitted as surplus.

In subsection (c)(2), the words "on such trains" in 45:545(a),

and the words "including taking into account the needs of the

United States Postal Service in establishing schedules" and "and

service" in 45:545a, are omitted as surplus.

In subsection (c)(4), the text of 45:545(n) (1st sentence) and

the words "Beginning October 1, 1982" are omitted as executed.

In subsection (d)(1), the words "rail passenger carriers" are

substituted for "common carriers of passengers by rail" for

consistency in the revised title. The words "establishing those

routes and fares" are substituted for "the making of such

arrangements" for clarity.

In subsection (e), the words "and protection" and "licensing,

residency, or related" are omitted as surplus.

In subsection (f)(1), the words "several" and "the Commonwealth

of Puerto Rico" are omitted as surplus.

In subsection (f)(2), the words "Except as provided in paragraph

(2) or (3) of this subsection", "which have been", "all", and "as

the case may be" are omitted as surplus.

In subsection (f)(3), the text of 45:545(k)(4)(B) is omitted as

executed.

In subsection (f)(4)(A) and (B), the words "the purchase of" are

omitted as surplus.

In subsection (f)(4)(A)(i), the words "imposing" and "with

respect to such articles, materials, and supplies" are omitted as

surplus.

AMENDMENTS

1997 - Subsec. (a)(3). Pub. L. 105-134, Sec. 107(a), added par.

(3).

Subsec. (d)(3). Pub. L. 105-134, Sec. 107(b), added par. (3).

GENERAL SERVICES ADMINISTRATION SERVICES

Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 1110], Dec. 21, 2000,

114 Stat. 2763, 2763A-202, provided that: "Amtrak is authorized to

obtain services from the Administrator of General Services, and the

Administrator is authorized to provide services to Amtrak, under

sections 201(b) and 211(b) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 481(b) and 491(b))

[now 40 U.S.C. 502, 602, 603(a)(1)] for fiscal year 2001 and each

fiscal year thereafter until the fiscal year that Amtrak operates

without Federal operating grant funds appropriated for its benefit,

as required by sections 24101(d) and 24104(a) of title 49, United

States Code."

RAIL AND MOTOR CARRIER PASSENGER SERVICE

Pub. L. 105-134, title I, Sec. 108, Dec. 2, 1997, 111 Stat. 2574,

provided that:

"(a) In General. - Notwithstanding any other provision of law

(other than section 24305(a)(3) of title 49, United States Code),

Amtrak and motor carriers of passengers are authorized -

"(1) to combine or package their respective services and

facilities to the public as a means of increasing revenues; and

"(2) to coordinate schedules, routes, rates, reservations, and

ticketing to provide for enhanced intermodal surface

transportation.

"(b) Review. - The authority granted by subsection (a) is subject

to review by the Surface Transportation Board and may be modified

or revoked by the Board if modification or revocation is in the

public interest."

EDUCATIONAL PARTICIPATION

Pub. L. 105-134, title IV, Sec. 412, Dec. 2, 1997, 111 Stat.

2589, provided that: "Amtrak shall participate in educational

efforts with elementary and secondary schools to inform students on

the advantages of rail travel and the need for rail safety."

-End-

-CITE-

49 USC Sec. 24306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24306. Mail, express, and auto-ferry transportation

-STATUTE-

(a) Actions To Increase Revenues. - Amtrak shall take necessary

action to increase its revenues from the transportation of mail and

express. To increase its revenues, Amtrak may provide auto-ferry

transportation as part of the basic passenger transportation

authorized by this part.

(b) Authority of Others To Provide Auto-Ferry Transportation. -

State and local laws and regulations that impair the provision of

auto-ferry transportation do not apply to Amtrak or a rail carrier

providing auto-ferry transportation. A rail carrier may not refuse

to participate with Amtrak in providing auto-ferry transportation

because a State or local law or regulation makes the transportation

unlawful.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 910; Pub. L.

105-134, title I, Sec. 102, Dec. 2, 1997, 111 Stat. 2572.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24306(a) 45:545(b) (1st, 2d Oct. 30, 1970, Pub. L.

sentence words 91-518, 84 Stat. 1327, Sec.

before 2d comma, 305(b) (1st-3d, last

last sentence). sentences); added June 22,

1972, Pub. L. 92-316, Sec.

2(3), 86 Stat. 228; Nov. 3,

1973, Pub. L. 93-146, Sec.

5, 87 Stat. 549.

24306(b)(1) 45:545(b) (2d

sentence words

after 2d comma).

24306(b)(2) 45:545(b) (3d

sentence).

24306(b)(3) 45:546(h). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

306(h); added Nov. 3, 1973,

Pub. L. 93-146, Sec. 7, 87

Stat. 551.

--------------------------------------------------------------------

In subsection (a), the words "and to better accomplish the

purposes of this chapter" and "modify its services to" are omitted

as surplus. The words "a department, agency, or instrumentality of

the United States Government" are substituted for "Federal

departments and agencies" for consistency in the revised title and

with other titles of the United States Code. The words "consistent

with the provisions of existing law" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "A person

primarily providing auto-ferry transportation and any other person

not a rail carrier may provide" are substituted for "except that

nothing contained in this chapter shall prevent any other person,

other than a railroad (except that for purposes of this section a

person primarily engaged in auto-ferry service shall not be deemed

to be a railroad), from providing such" to eliminate unnecessary

words. The text of 45:545(b) (2d sentence words after "the public")

is omitted as obsolete.

In subsection (b)(2), the words "may provide" are substituted for

"Nothing in this section shall be construed to restrict the right

of . . . from performing" to eliminate unnecessary words and for

clarity. The words "rail lines" are substituted for "lines" for

clarity and consistency in the revised title and with other titles

of the Code.

In subsection (b)(3), the words "has the effect of prohibiting

or", "fine, penalty, or other", and "for violation of" are omitted

as surplus. The words "rail carrier" are substituted for "common

carrier by railroad" for consistency in the revised title and with

other titles of the Code.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-134, Sec. 102(1), struck out at

end "When requested by Amtrak, a department, agency, or

instrumentality of the United States Government shall assist in

carrying out this section."

Subsec. (b). Pub. L. 105-134, Sec. 102(2), added subsec. (b) and

struck out heading and text of former subsec. (b). Text read as

follows:

"(1) A person primarily providing auto-ferry transportation and

any other person not a rail carrier may provide auto-ferry

transportation over any route under a certificate issued by the

Interstate Commerce Commission if the Commission finds that the

auto-ferry transportation -

"(A) will not impair the ability of Amtrak to reduce its losses

or increase its revenues; and

"(B) is required to meet the public demand.

"(2) A rail carrier that has not made a contract with Amtrak to

provide rail passenger transportation may provide auto-ferry

transportation over its own rail lines.

"(3) State and local laws and regulations that impair the

provision of auto-ferry transportation do not apply to Amtrak or a

rail carrier providing auto-ferry transportation. A rail carrier

may not refuse to participate with Amtrak in providing auto-ferry

transportation because a State or local law or regulation makes the

transportation unlawful."

-End-

-CITE-

49 USC Sec. 24307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24307. Special transportation

-STATUTE-

(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) 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 Interstate Commerce

Commission from ordering retroactive relief in a proceeding begun

or reopened after October 1, 1981.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 911; Pub. L.

105-134, title IV, Sec. 406(b), Dec. 2, 1997, 111 Stat. 2586.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24307(a) 45:545(c)(2). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(c)(2); added Sept. 29,

1979, Pub. L. 96-73, Sec.

105(2), 93 Stat. 539.

24307(b) 45:545(c)(1). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(c)(1); added Nov. 3,

1973, Pub. L. 93-146, Sec.

6, 87 Stat. 550; Sept. 29,

1979, Pub. L. 96-73, Sec.

105(1), 93 Stat. 539.

24307(c) 45:565(f). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

405(f); added June 22, 1972,

Pub. L. 92-316, Sec. 8, 86

Stat. 230; Sept. 29, 1979,

Pub. L. 96-73, Sec. 120(a),

93 Stat. 547; Aug. 13, 1981,

Pub. L. 97-35, Sec. 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.

AMENDMENTS

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."

AMERICANS WITH DISABILITIES ACT OF 1990

Pub. L. 105-134, title IV, Sec. 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."

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-End-

-CITE-

49 USC Sec. 24308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24308. Use of facilities and providing services to Amtrak

-STATUTE-

(a) General Authority. - (1) Amtrak may make an agreement with a

rail carrier or regional 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 untimely performance.

(2)(A) If the parties cannot agree and if the Interstate Commerce

Commission finds it necessary to carry out this part, the

Commission shall -

(i) order that the facilities be made available and the

services provided to Amtrak; and

(ii) prescribe reasonable terms and compensation for using the

facilities and providing the services.

(B) When prescribing reasonable compensation under subparagraph

(A) of this paragraph, the Commission 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 Commission shall decide the dispute not later than 90

days after Amtrak submits the dispute to the Commission.

(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

entitled to it may bring an action against Amtrak to recover the

amount owed.

(4) Amtrak shall seek immediate and appropriate legal remedies to

enforce its contract rights when track maintenance on a route over

which Amtrak operates falls below the contractual standard.

(b) Operating During Emergencies. - To facilitate operation by

Amtrak during an emergency, the Commission, on application by

Amtrak, shall require a rail carrier to provide facilities

immediately during the emergency. The Commission then shall

promptly prescribe reasonable terms, including indemnification of

the carrier by Amtrak 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 Transportation. - Except in an

emergency, intercity and commuter rail passenger transportation

provided by or for Amtrak has preference over freight

transportation in using a rail line, junction, or crossing unless

the Secretary of Transportation orders otherwise under this

subsection. A rail carrier affected by this subsection may apply to

the Secretary for relief. If the Secretary, after an opportunity

for a hearing under section 553 of title 5, decides that preference

for intercity and commuter rail passenger transportation materially

will lessen the quality of freight transportation provided to

shippers, the Secretary shall establish the rights of the carrier

and Amtrak on reasonable terms.

(d) Accelerated Speeds. - If a rail carrier refuses to allow

accelerated speeds on trains operated by or for Amtrak, Amtrak may

apply to the Secretary for an order requiring the carrier to allow

the accelerated speeds. The Secretary 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 Secretary

shall establish the maximum allowable speeds of Amtrak trains on

terms the Secretary 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 Secretary for an order requiring the carrier to provide or

allow for the operation of the requested trains. After a hearing on

the record, the Secretary may order the carrier, within 60 days, to

provide or allow for the operation of the requested trains on a

schedule based on legally permissible operating times. However, if

the Secretary decides not to hold a hearing, the Secretary, not

later than 30 days after receiving the application, shall publish

in the Federal Register the reasons for the decision not to hold

the hearing.

(2) The Secretary 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 implement schedules that attain a system-wide

average speed of at least 60 miles an hour that can be adhered to

with a high degree of reliability 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 Commission shall

decide the dispute under subsection (a) of this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 911.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24308(a)( 45:562(a)(1). Oct. 30, 1970, Pub. L.

1)- (3) 91-518, Sec. 402(a)(1), 84

Stat. 1335; June 22, 1972,

Pub. L. 92-316, Sec. 5(1),

86 Stat. 229; Nov. 3, 1973,

Pub. L. 93-146, Sec. 10(1),

87 Stat. 552; Oct. 5, 1978,

Pub. L. 95-421, Sec. 15, 92

Stat. 929; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1181, 95

Stat. 693; Apr. 7, 1986,

Pub. L. 99-272, Sec.

4017(b)(1), 100 Stat. 110.

24308(a)(4) 45:562 (note). July 11, 1987, Pub. L.

100-71 (last proviso under

heading "Grants to the

National Railroad Passenger

Corporation"), 101 Stat. 447.

24308(b) 45:562(c). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

402(c); added June 22, 1972,

Pub. L. 92-316, Sec. 5(2),

86 Stat. 229.

24308(c) 45:562(e). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

402(e); added Nov. 3, 1973,

Pub. L. 93-146, Sec. 10(2),

87 Stat. 552; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1188(c),

95 Stat. 699.

24308(d) 45:562(f). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

402(f); added Nov. 3, 1973,

Pub. L. 93-146, Sec. 10(2),

87 Stat. 552.

24308(e) 45:562(g). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

402(g); added May 30, 1980,

Pub. L. 96-254, Sec. 216, 94

Stat. 418; Apr. 7, 1986,

Pub. L. 99-272, Sec.

4006(2), 100 Stat. 107.

--------------------------------------------------------------------

In subsection (a)(1), the word "authority" is substituted 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

omitted 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 dispute" 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 conditioned on payment

of the compensation" are substituted for "and the rights of the

Corporation to such services or to the use of tracks or facilities

of the railroad or agency under such order . . . shall be

conditioned upon payment by the Corporation of the compensation

fixed by the Commission" to eliminate unnecessary words. The words

"or under an order issued under subsection (b) of this section" are

omitted as obsolete 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 inadequate or

otherwise" are omitted as surplus.

In subsections (b)-(d), the words "just and" are omitted 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 surplus. 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 substituted for "trains" for clarity and consistency.

The words "and Amtrak" are added for clarity.

In subsection (d), the words "upon request of the Corporation"

and "otherwise" are omitted as surplus. The words "which

improvements would be required" are substituted for "and with

respect to the nature and extent of improvements to track, signal

systems, and other facilities that would be required" to eliminate

unnecessary words.

In subsection (e)(1), the words "satisfactory, voluntary" 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 requiring the carrier to provide or allow for the operation

of the requested trains" are substituted for "Upon receipt of an

application from the Corporation", for clarity.

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 conducting 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 section 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 provided under an order under this

subsection" are substituted 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.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24312, 24905 of this

title.

-End-

-CITE-

49 USC Sec. 24309 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24309. Retaining and maintaining facilities

-STATUTE-

(a) Definitions. - In this section -

(1) "facility" means a rail line, right of way, fixed

equipment, facility, or real property related to a rail line,

right of way, fixed equipment, or facility, including a signal

system, passenger station and repair tracks, a station building,

a platform, and a related facility, including 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 standards or altering a facility so

that the time required 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 regional 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 carrier intending to

downgrade or dispose of a facility Amtrak currently is not using to

provide transportation shall notify Amtrak of its intention. If,

not later than 60 days after Amtrak receives 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 approval 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 information based on

geographic regions and on whether the facility would be part of a

short haul or long haul route. The survey should facilitate an

analysis of -

(A) ridership potential by ascertaining existing and changing

travel patterns that would provide maximum efficient rail

passenger transportation;

(B) the quality of transportation of competitors or likely

competitors;

(C) the likelihood of Amtrak offering transportation at a

competitive fare;

(D) opportunities to target advertising and fares to potential

classes of riders;

(E) economic characteristics of rail passenger 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 internal 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

maintain 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 maintaining 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 efficiency 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 transportation over the route

would encourage the expansion 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 913; Pub. L.

105-134, title I, Sec. 162, Dec. 2, 1997, 111 Stat. 2578.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24309(a) 45:566(e)(1), (2). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

406; added Sept. 29, 1979,

Pub. L. 96-73, Sec. 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 substituted for

"railroad tracks" for consistency in the revised title and with

other titles of the United States Code.

In subsection (b), the word "authority" is substituted for

"agency" for consistency in the revised title and with other titles

of the Code. The words "obtaining the" are omitted as surplus.

In subsection (c)(1), the words "first" and "to take such action"

are omitted as surplus.

In subsection (c)(2), before clause (A), the words "need for the"

are added for clarity. The words "necessary or" are omitted as

surplus. The words "Within 90 days after September 29, 1979" and

45:566(d)(2)(A)(i) are omitted as executed. The word "maintain" is

substituted for "take steps to prepare" for clarity. The words

"survey plan which shall provide for" and "compilation, and

storage" are omitted as surplus. In clause (F), the words "over

time" are omitted as surplus.

In subsection (d)(2), before clause (A), the word "timely" is

omitted as surplus. In clause (F), the words "rail line" are

substituted for "lines of railroad" for consistency in the revised

title and with other titles of the Code.

In subsection (e), the words "approval of" are omitted as

surplus.

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-134 inserted "or on January 1,

1997," after "1979,".

-End-

-CITE-

49 USC Sec. 24310 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

[Sec. 24310. Repealed. Pub. L. 105-134, title IV, Sec. 403, Dec. 2,

1997, 111 Stat. 2585]

-MISC1-

Section, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 914,

allowed petition or application to Secretary of Transportation for

assistance in upgrading facilities to correct dangerous conditions

or State and local violations.

-End-

-CITE-

49 USC Sec. 24311 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24311. Acquiring interests in property by eminent domain

-STATUTE-

(a) General Authority. - (1) To the extent financial resources

are available, Amtrak may acquire by eminent domain under

subsection (b) of this section interests in property -

(A) necessary for intercity rail passenger transportation,

except property of a rail carrier, a State, a political

subdivision of a State, or a governmental authority; or

(B) requested by the Secretary of Transportation in carrying

out the Secretary's duty to design and build an intermodal

transportation terminal at Union Station in the District of

Columbia if the Secretary assures Amtrak that the Secretary will

reimburse Amtrak.

(2) Amtrak may exercise the power of eminent domain only if it

cannot -

(A) acquire the interest in the property by contract; or

(B) agree with the owner on the purchase price for the

interest.

(b) Civil Actions. - (1) A civil action to acquire an interest in

property by eminent domain under subsection (a) of this section

must be brought in the district court of the United States for the

judicial district in which the property is located or, if a single

piece of property is located in more than one judicial district, in

any judicial district in which any piece of the property is

located. An interest is condemned and taken by Amtrak for its use

when a declaration of taking is filed under this subsection and an

amount of money estimated in the declaration to be just

compensation for the interest is deposited in the court. The

declaration may be filed with the complaint in the action or at any

time before judgment. The declaration must contain or be

accompanied by -

(A) a statement of the public use for which the interest is

taken;

(B) a description of the property sufficient to identify it;

(C) a statement of the interest in the property taken;

(D) a plan showing the interest taken; and

(E) a statement of the amount of money Amtrak estimates is just

compensation for the interest.

(2) When the declaration is filed and the deposit is made under

paragraph (1) of this subsection, title to the property vests in

Amtrak in fee simple absolute or in the lesser interest shown in

the declaration, and the right to the money vests in the person

entitled to the money. When the declaration is filed, the court may

decide -

(A) the time by which, and the terms under which, possession of

the property is given to Amtrak; and

(B) the disposition of outstanding charges related to the

property.

(3) After a hearing, the court shall make a finding on the amount

that is just compensation for the interest in the property and

enter judgment awarding that amount and interest on it. The rate of

interest is 6 percent a year and is computed on the amount of the

award less the amount deposited in the court from the date of

taking to the date of payment.

(4) On application of a party, the court may order immediate

payment of any part of the amount deposited in the court for the

compensation to be awarded. If the award is more than the amount

received, the court shall enter judgment against Amtrak for the

deficiency.

(c) Authority To Condemn Rail Carrier Property Interests. - (1)

If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an

interest in property of a rail carrier necessary for intercity rail

passenger transportation, Amtrak may apply to the Interstate

Commerce Commission for an order establishing the need of Amtrak

for the interest and requiring the carrier to convey the interest

on reasonable terms, including just compensation. The need of

Amtrak is deemed to be established, and the Commission, after

holding an expedited proceeding and not later than 120 days after

receiving the application, shall order the interest conveyed unless

the Commission decides that -

(A) conveyance would impair significantly the ability of the

carrier to carry out its obligations as a common carrier; and

(B) the obligations of Amtrak to provide modern, efficient, and

economical rail passenger transportation can be met adequately by

acquiring an interest in other property, either by sale or by

exercising its right of eminent domain under subsection (a) of

this section.

(2) If the amount of compensation is not determined by the date

of the Commission's order, the order shall require, as part of the

compensation, interest at 6 percent a year from the date prescribed

for the conveyance until the compensation is paid.

(3) Amtrak subsequently may reconvey to a third party an interest

conveyed to Amtrak under this subsection or prior comparable

provision of law if the Commission decides that the reconveyance

will carry out the purposes of this part, regardless of when the

proceeding was brought (including a proceeding pending before a

United States court on November 28, 1990).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 915.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24311(a) 45:545(d)(1) (less Oct. 30, 1970, Pub. L.

words between 11th 91-518, 84 Stat. 1327, Sec.

comma and proviso). 305(d)(1); added Nov. 3,

1973, Pub. L. 93-146, Sec.

6, 87 Stat. 550; restated

Oct. 28, 1974, Pub. L.

93-496, Sec. 6, 88 Stat.

1528; Feb. 5, 1976, Pub. L.

94-210, Sec. 706(g), 90

Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

24311(b)(1) 45:545(d)(1) (words

between 11th comma

and proviso).

45:545(d)(2), (3) Oct. 30, 1970, Pub. L.

(1st sentence). 91-518, 84 Stat. 1327, Sec.

305(d)(2)-(5); added Nov. 3,

1973, Pub. L. 93-146, Sec.

6, 87 Stat. 550.

24311(b)(2) 45:545(d)(3) (2d

sentence), (5).

24311(b)(3) 45:545(d)(3) (3d,

last sentences).

24311(b)(4) 45:545(d)(4).

24311(c) 45:562(d). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

402(d); added Nov. 3, 1973,

Pub. L. 93-146, Sec. 10(2),

87 Stat. 552; Feb. 5, 1976,

Pub. L. 94-210, Sec. 706(h),

90 Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412; Nov. 28, 1990,

Pub. L. 101-641, Sec. 9(a),

104 Stat. 4658.

45:562 (note). Nov. 28, 1990, Pub. L.

101-641, Sec. 9(b), 104

Stat. 4658.

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "the exercise

of the right of" and "right-of-way, land, or other" are omitted as

surplus.

In subsection (b)(1) and (2), the words "estate or" are omitted

as surplus.

In subsection (b)(1), before clause (A), the words "A civil

action to acquire an interest in property by eminent domain under

subsection (a) of this section must be brought" are added, the

words "any judicial district in which any piece of the property is

located" are substituted for "any such court", and the words "under

this subsection" are added, for clarity.

In subsection (b)(2), before clause (A), the words "When the

declaration is filed and the deposit is made under paragraph (1) of

this subsection" are substituted for "shall thereupon" for clarity.

The word "immediately" is omitted as surplus. In clause (A), the

words "possession of the property is given to Amtrak" are

substituted for "the parties in possession are required to

surrender possession to the Corporation" to eliminate unnecessary

words. Clause (B) is substituted for 45:545(d)(5) (last sentence)

to eliminate unnecessary words.

In subsection (b)(3), the words "of money" are omitted as

surplus. The words "awarding that amount and interest on it" are

substituted for "make an award and . . . accordingly. Such judgment

shall include, as part of the just compensation awarded, interest"

to eliminate unnecessary words. The words "of interest" are added

for clarity. The words "finally . . . as the value of the property

on the date of taking" and "on such date" are omitted as surplus.

In subsection (b)(4), the word "award" is substituted for

"compensation finally awarded" for consistency and to eliminate

unnecessary words. The words "of the money . . . by any person

entitled to compensation" and "amount of the" are omitted as

surplus.

In subsection (c)(1), before clause (A), the words "terms for",

"at issue", "to the Corporation", "and conditions", "for the

property", "in any event", "from the Corporation", and "to the

Corporation on such reasonable terms and conditions as it may

prescribe, including just compensation" are omitted as surplus. In

clause (A), the words "of the property to the Corporation" are

omitted as surplus. In clause (B), the words "either by sale or by

exercising its right of eminent domain under subsection (a) of this

section" are substituted for "which is available for sale on

reasonable terms to the Corporation, or available to the

Corporation by the exercise of its authority under section 545(d)

of this title" for clarity and to eliminate unnecessary words.

In subsection (c)(3), the words "reconvey . . . an interest

conveyed to Amtrak under this subsection or prior comparable

provision of law" are substituted for "convey title or other

interest in such property" for consistency in the revised title and

to eliminate unnecessary words. The words "regardless of when the

proceeding was brought" are substituted for section 9(b) (less

words in parentheses) of the Independent Safety Board Act

Amendments of 1990 (Public Law 101-641, 104 Stat. 4658) to

eliminate unnecessary words.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-End-

-CITE-

49 USC Sec. 24312 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24312. Labor standards

-STATUTE-

(a) Prevailing Wages and Health and Safety Standards. - Amtrak

shall ensure that laborers and mechanics employed by contractors

and subcontractors in construction work financed under an agreement

made under section 24308(a) of this title will be paid wages not

less than those prevailing on similar construction in the locality,

as determined by the Secretary of Labor under sections 3141-3144,

3146, and 3147 of title 40. Amtrak may make such an agreement only

after being assured that required labor standards will be

maintained on the construction work. Health and safety standards

prescribed by the Secretary under section 3704 of title 40 apply to

all construction work performed under such an agreement, except for

construction work performed by a rail carrier.

(b) Wage Rates. - Wage rates in a collective bargaining agreement

negotiated under the Railway Labor Act (45 U.S.C. 151 et seq.) are

deemed to comply with sections 3141-3144, 3146, and 3147 of title

40.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 916; Pub. L.

105-134, title I, Secs. 101(f), 105(c), 121(a), Dec. 2, 1997, 111

Stat. 2572-2574; Pub. L. 107-217, Sec. 3(n)(4), Aug. 21, 2002, 116

Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24312(a) 45:565(d). Oct. 30, 1970, Pub. L.

91-518, Sec. 405(d), 84

Stat. 1337.

24312(b) 45:565(e). Oct. 30, 1970, Pub. L.

91-518, Sec. 405(e), 84

Stat. 1337; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1177(b),

95 Stat. 692.

--------------------------------------------------------------------

In subsection (a)(1), the words "take such action as may be

necessary to", "the performance of", "with the assistance of funds

received", "contract or", "at rates", and "adequate" are omitted as

surplus.

In subsection (a)(2), the words "provided for" and "and pursuant

to" are omitted as surplus.

In subsection (b)(1), the words "Except as provided in paragraph

(2) of this subsection" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in subsec. (b), is act May 20,

1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.

For complete classification of this Act to the Code, see section

151 of Title 45 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-217, Sec. 3(n)(4)(A), substituted

"sections 3141-3144, 3146, and 3147 of title 40" for "the Act of

March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a -

276a-5)" and "section 3704 of title 40" for "section 107 of the

Contract Work Hours and Safety Standards Act (40 U.S.C. 333)".

Subsec. (b). Pub. L. 107-217, Sec. 3(n)(4)(B), substituted

"sections 3141-3144, 3146, and 3147 of title 40" for "the Act of

March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a -

276a-5)".

1997 - Subsec. (a)(1). Pub. L. 105-134, Sec. 121(a)(2),

redesignated par. (1) as subsec. (a).

Pub. L. 105-134, Secs. 101(f), 105(c), struck out ", 24701(a), or

24704(b)(2)" after "24308(a)".

Subsec. (a)(2). Pub. L. 105-134, Sec. 121(a)(3), redesignated

par. (2) as subsec. (b).

Subsec. (b). Pub. L. 105-134, Sec. 121(a)(1), (3), redesignated

subsec. (a)(2) as (b), inserted heading, and struck out former

subsec. (b), which read as follows:

"(b) Contracting Out. - (1) Amtrak may not contract out work

normally performed by an employee in a bargaining unit covered by a

contract between a labor organization and Amtrak or a rail carrier

that provided intercity rail passenger transportation on October

30, 1970, if contracting out results in the layoff of an employee

in the bargaining unit.

"(2) This subsection does not apply to food and beverage services

provided on trains of Amtrak."

CONTRACTING OUT

Pub. L. 105-134, title I, Sec. 121(b)-(d), Dec. 2, 1997, 111

Stat. 2574, 2575, provided that:

"(b) Amendment of Existing Collective Bargaining Agreement. -

"(1) Contracting out. - Any collective bargaining agreement

entered into between Amtrak and an organization representing

Amtrak employees before the date of enactment of this Act [Dec.

2, 1997] is deemed amended to include the language of section

24312(b) of title 49, United States Code, as that section existed

on the day before the effective date [Dec. 2, 1997] of the

amendments made by subsection (a) [amending this section].

"(2) Enforceability of amendment. - The amendment to any such

collective bargaining agreement deemed to be made by paragraph

(1) of this subsection is binding on all parties to the agreement

and has the same effect as if arrived at by agreement of the

parties under the Railway Labor Act [45 U.S.C. 151 et seq.].

"(c) Contracting-out Issues To Be Included in Negotiations. -

Proposals on the subject matter of contracting out work, other than

work related to food and beverage service, which results in the

layoff of an Amtrak employee -

"(1) shall be included in negotiations under section 6 of the

Railway Labor Act (45 U.S.C. 156) between Amtrak and an

organization representing Amtrak employees, which shall be

commenced by -

"(A) the date on which labor agreements under negotiation on

the date of enactment of this Act [Dec. 2, 1997] may be

re-opened; or

"(B) November 1, 1999,

whichever is earlier;

"(2) may, at the mutual election of Amtrak and an organization

representing Amtrak employees, be included in any negotiation in

progress under section 6 of the Railway Labor Act (45 U.S.C. 156)

on the date of enactment of this Act; and

"(3) may not be included in any negotiation in progress under

section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of

enactment of this Act, unless both Amtrak and the organization

representing Amtrak employees agree to include it in the

negotiation.

No contract between Amtrak and an organization representing Amtrak

employees, that is under negotiation on the date of enactment of

this Act, may contain a moratorium that extends more than 5 years

from the date of expiration of the last moratorium.

"(d) No Inference. - The amendment made by subsection (a)(1)

[amending this section] is without prejudice to the power of Amtrak

to contract out the provision of food and beverage services on

board Amtrak trains or to contract out work not resulting in the

layoff of Amtrak employees."

-End-

-CITE-

49 USC Sec. 24313 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24313. Rail safety system program

-STATUTE-

In consultation with rail labor organizations, Amtrak shall

maintain a rail safety system program for employees working on

property owned by Amtrak. The program shall be a model for other

rail carriers to use in developing safety programs. The program

shall include -

(1) periodic analyses of accident information, including

primary and secondary causes;

(2) periodic evaluations of the activities of the program,

particularly specific steps taken in response to an accident;

(3) periodic reports on amounts spent for occupational health

and safety activities of the program;

(4) periodic reports on reduced costs and personal injuries

because of accident prevention activities of the program;

(5) periodic reports on direct accident costs, including claims

related to accidents; and

(6) reports and evaluations of other information Amtrak

considers appropriate.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 917.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24313 45:646. Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

807; added Oct. 5, 1978,

Pub. L. 95-421, Sec. 13, 92

Stat. 929.

--------------------------------------------------------------------

In this section, before clause (1), the words "No later than

January 1, 1979" are omitted as executed. The word "maintain" is

substituted for "develop and implement" for clarity. The words

"designed to serve as" and "required under this section" are

omitted as surplus. In clause (1), the words "if known" are omitted

as surplus. In clause (2), the words "undertaken" and "causes" are

omitted as surplus. In clauses (3)-(6), the word "reports" is

substituted for "identification" for clarity. In clause (3), the

word "included" is omitted as surplus. In clause (4), the words

"personal injuries" are substituted for "fatalities, and

casualties" for consistency in the revised title. The word

"activities" is added for clarity. In clause (6), the words "or

data" and "necessary or" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 24314 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

[Sec. 24314. Repealed. Pub. L. 105-134, title IV, Sec. 404, Dec. 2,

1997, 111 Stat. 2586]

-MISC1-

Section, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 917;

Pub. L. 104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat. 3393, related

to Amtrak developing plan for demonstrating new technology that may

increase train speed in intercity rail passenger system.

-End-

-CITE-

49 USC Sec. 24315 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 243 - AMTRAK

-HEAD-

Sec. 24315. Reports and audits

-STATUTE-

(a) Amtrak Annual Operations Report. - Not later than February 15

of each year, Amtrak shall submit to Congress a report that -

(1) for each route on which Amtrak provided intercity rail

passenger transportation during the prior fiscal year, includes

information on -

(A) ridership;

(B) passenger-miles;

(C) the short-term avoidable profit or loss for each

passenger-mile;

(D) the revenue-to-cost ratio;

(E) revenues;

(F) the United States Government subsidy;

(G) the subsidy not provided by the United States Government;

and

(H) on-time performance;

(2) provides relevant information about a decision to pay an

officer of Amtrak more than the rate for level I of the Executive

Schedule under section 5312 of title 5; and

(3) specifies -

(A) significant operational problems Amtrak identifies; and

(B) proposals by Amtrak to solve those problems.

(b) Amtrak General and Legislative Annual Report. - (1) Not later

than February 15 of each year, Amtrak shall submit to the President

and Congress a complete report of its operations, activities, and

accomplishments, including a statement of revenues and expenditures

for the prior fiscal year. The report -

(A) shall include a discussion and accounting of Amtrak's

success in meeting the goal of section 24902(b) (!1) of this

title; and

(B) may include recommendations for legislation, including the

amount of financial assistance needed for operations and capital

improvements, the method of computing the assistance, and the

sources of the assistance.

(2) Amtrak may submit reports to the President and Congress at

other times Amtrak considers desirable.

(c) Secretary's Report on Effectiveness of This Part. - The

Secretary of Transportation shall prepare a report on the

effectiveness of this part in meeting the requirements for a

balanced transportation system in the United States. The report may

include recommendations for legislation. The Secretary shall

include this report as part of the annual report the Secretary

submits under section 308(a) of this title.

(d) Independent Audits. - An independent certified public

accountant shall audit the financial statements of Amtrak each

year. The audit shall be carried out at the place at which the

financial statements normally are kept and under generally accepted

auditing standards. A report of the audit shall be included in the

report required by subsection (a) of this section.

(e) Comptroller General Audits. - The Comptroller General may

conduct performance audits of the activities and transactions of

Amtrak. Each audit shall be conducted at the place at which the

Comptroller General decides and under generally accepted management

principles. The Comptroller General may prescribe regulations

governing the audit.

(f) Availability of Records and Property of Amtrak and Rail

Carriers. - Amtrak and, if required by the Comptroller General, a

rail carrier with which Amtrak has made a contract for intercity

rail passenger transportation shall make available for an audit

under subsection (d) or (e) of this section all records and

property of, or used by, Amtrak or the carrier that are necessary

for the audit. Amtrak and the carrier shall provide facilities for

verifying transactions with the balances or securities held by

depositories, fiscal agents, and custodians. Amtrak and the carrier

may keep all reports and property.

(g) Comptroller General's Report to Congress. - The Comptroller

General shall submit to Congress a report on each audit, giving

comments and information necessary to inform Congress on the

financial operations and condition of Amtrak and recommendations

related to those operations and conditions. The report also shall

specify any financial transaction or undertaking the Comptroller

General considers is carried out without authority of law. When the

Comptroller General submits a report to Congress, the Comptroller

General shall submit a copy of it to the President, the Secretary,

and Amtrak at the same time.

(h) Access to Records and Accounts. - A State shall have access

to Amtrak's records, accounts, and other necessary documents used

to determine the amount of any payment to Amtrak required of the

State.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 918; Pub. L.

105-134, title II, Sec. 206, Dec. 2, 1997, 111 Stat. 2584.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24315(a) 45:548(a). Oct. 30, 1970, Pub. L.

91-518, Sec. 308(a), 84

Stat. 1333; June 22, 1972,

Pub. L. 92-316, Sec. 4, 86

Stat. 228; Sept. 29, 1979,

Pub. L. 96-73, Sec. 113, 93

Stat. 542; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1180(a),

95 Stat. 693; restated Apr.

7, 1986, Pub. L. 99-272,

Sec. 4005, 100 Stat. 107;

June 22, 1988, Pub. L.

100-342, Sec. 18(d), 102

Stat. 637.

24315(b) 45:548(b). Oct. 30, 1970, Pub. L.

91-518, Sec. 308(b), 84

Stat. 1333; restated June

22, 1972, Pub. L. 92-316,

Sec. 4, 86 Stat. 229; Nov.

3, 1973, Pub. L. 93-146,

Sec. 8, 87 Stat. 551; May

26, 1975, Pub. L. 94-25,

Sec. 4(a), 89 Stat. 90.

45:851(d)(2). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

701(d)(2); added May 30,

1980, Pub. L. 96-254, Sec.

205, 94 Stat. 412.

24315(c) 45:548(c). Oct. 30, 1970, Pub. L.

91-518, Sec. 308(c), 84

Stat. 1333; restated June

22, 1972, Pub. L. 92-316,

Sec. 4, 86 Stat. 229; May

26, 1975, Pub. L. 94-25,

Sec. 4(b), 89 Stat. 90; Aug.

13, 1981, Pub. L. 97-35,

Sec. 1180(b), 95 Stat. 693.

24315(d) 45:644(1)(A) (1st, Oct. 30, 1970, Pub. L.

2d sentences), (B). 91-518, Sec. 805(1), 84

Stat. 1340.

24315(e) 45:644(2)(A) (1st, Oct. 30, 1970, Pub. L.

2d sentences). 91-518, Sec. 805(2)(A), 84

Stat. 1340; Oct. 28, 1974,

Pub. L. 93-496, Sec. 11, 88

Stat. 1531; Apr. 7, 1986,

Pub. L. 99-272, Sec.

4007(a), 100 Stat. 108.

24315(f) 45:644(1)(A) (last

sentence), (2)(A)

(3d, last

sentences).

45:644(2)(B). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

805(2)(B); added June 22,

1972, Pub. L. 92-316, Sec.

11(2), 86 Stat. 233; Apr. 7,

1986, Pub. L. 99-272, Sec.

4007(a)(2), 100 Stat. 108.

24315(g) 45:644(2)(C). Oct. 30, 1970, Pub. L.

91-518, Sec. 805(2)(C), 84

Stat. 1340; June 22, 1972,

Pub. L. 92-316, Sec. 11(2),

86 Stat. 233.

--------------------------------------------------------------------

In subsection (a)(2), the words "to . . . compensation" and

"prescribed" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "(beginning

with 1973)" are omitted as executed. The word "complete" is

substituted for "comprehensive and detailed" to eliminate

unnecessary words. The words "under this chapter" are omitted as

surplus. The word "revenues" is substituted for "receipts" for

consistency. In clause (B), the words "may include recommendations

for legislation" are substituted for "At the time of its annual

report, the Corporation shall submit such legislative

recommendations as it deems desirable", the words "the method of

computing the assistance" are substituted for "the manner and form

in which the amount of such assistance should be computed", and the

words "of the assistance" are substituted for "from which such

assistance should be derived", to eliminate unnecessary words.

In subsection (c), the words "(beginning with 1974)" are omitted

as executed. The word "prepare" is substituted for "transmit to the

President and to the Congress by March 15 of each year" for clarity

because the report is now part of the annual report under

49:308(a). The words "Beginning in 1976" are omitted as executed.

The word "Secretary" is substituted for "Department of

Transportation" because of 49:102(b). The words "submits under

section 308(a) of this title" are substituted for "to the Congress"

for clarity.

In subsection (d), the words "independent licensed public

accountants certified or licensed by a regulatory authority of a

State or other political subdivision of the United States" are

omitted as obsolete because only certified public accountants are

used for the audit. Only noncertified public accountants licensed

before December 30, 1970, who were already conducting audits were

allowed to continue. The words "or places" are omitted because of

1:1. The words "financial statements" are substituted for

"accounts" because audits are performed on financial statements,

not accounts. The words "independent" and "annual" are omitted as

surplus. The text of 45:644(1)(B) (last sentence) is omitted as

surplus because those requirements are included in "generally

accepted auditing standards".

In subsection (e), the word "rules" is omitted as being

synonymous with "regulations". The words "or places" are omitted

because of 1:1. The word "appropriate" is omitted as surplus.

In subsection (f), the words "if required" are substituted for

"To the extent . . . deems necessary" to eliminate unnecessary

words. The words "the person conducting", "The representatives of

the Comptroller General", "his representatives", "as he may make of

the financial transactions of the Corporation", "things, or", and

"full" are omitted as surplus. The words "may keep" are substituted

for "shall remain in possession and custody of" and "shall remain

in the possession and custody of" to eliminate unnecessary words.

In subsection (g), the word "giving" is substituted for "The

report to the Congress shall contain such" to eliminate unnecessary

words. The words "as the Comptroller General may deem", "as he may

deem advisable", "program, expenditure or other", "observed in the

course of the audit", and "or made" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

Section 24902(b) of this title, referred to in subsec. (b)(1)(A),

was redesignated section 24902(a) and section 24902(e) was

redesignated section 24902(b) by Pub. L. 105-134, title IV, Sec.

405(b)(1)(A), Dec. 2, 1997, 111 Stat. 2586.

-MISC2-

AMENDMENTS

1997 - Subsec. (h). Pub. L. 105-134 added subsec. (h).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in

subsecs. (a), (b)(1), (c), and (d) of this section relating to

requirements to submit regular periodic reports to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, the 3rd

item on page 176 and the 6th and 7th items on page 204 of House

Document No. 103-7.

AMTRAK TO NOTIFY CONGRESS OF LOBBYING RELATIONSHIPS

Pub. L. 105-134, title IV, Sec. 414, Dec. 2, 1997, 111 Stat.

2589, provided that: "If, at any time, during a fiscal year in

which Amtrak receives Federal assistance, Amtrak enters into a

consulting contract or similar arrangement, or a contract for

lobbying, with a lobbying firm, an individual who is a lobbyist, or

who is affiliated with a lobbying firm, as those terms are defined

in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C.

1602), Amtrak shall notify the United States Senate Committee on

Commerce, Science, and Transportation, and the United States House

of Representatives Committee on Transportation and Infrastructure

of -

"(1) the name of the individual or firm involved;

"(2) the purpose of the contract or arrangement; and

"(3) the amount and nature of Amtrak's financial obligation

under the contract.

This section applies only to contracts, renewals or extensions of

contracts, or arrangements entered into after the date of the

enactment of this Act [Dec. 2, 1997]."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC [CHAPTER 245 - REPEALED] 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

[CHAPTER 245 - REPEALED]

-HEAD-

[CHAPTER 245 - REPEALED]

-End-

-CITE-

49 USC Secs. 24501 to 24506 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

[CHAPTER 245 - REPEALED]

-HEAD-

[Secs. 24501 to 24506. Repealed. Pub. L. 105-134, title I, Sec.

106(a), Dec. 2, 1997, 111 Stat. 2573]

-MISC1-

Section 24501, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 919; Pub. L. 103-429, Sec. 6(21), Oct. 31, 1994, 108 Stat.

4379; Pub. L. 104-88, title III, Sec. 308(h), Dec. 29, 1995, 109

Stat. 947, related to status of Amtrak Commuter and applicable

laws.

Section 24502, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 920, related to board of directors of Amtrak Commuter.

Section 24503, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 921, related to appointment and service of officers of Amtrak

Commuter.

Section 24504, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 921, related to general authority of Amtrak Commuter.

Section 24505, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 921, related to Amtrak's rights and responsibilities as

relating to commuter rail passenger transportation.

Section 24506, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 922, provided that certain powers and duties of Consolidated

Rail Corporation were not affected by this chapter.

TRACKAGE RIGHTS NOT AFFECTED

Pub. L. 105-134, title I, Sec. 106(c), Dec. 2, 1997, 111 Stat.

2573, provided that: "The repeal of chapter 245 of title 49, United

States Code, by subsection (a) of this section is without prejudice

to the retention of trackage rights over property owned or leased

by commuter authorities."

-End-