
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC24301]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                           CHAPTER 243--AMTRAK
 
Sec. 24301. Status and applicable laws

    (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.

(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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24301(a)..............................  45:541 (1st sentence).           Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          301 (
1st, 4th, last sentences), 84
                                                                          Stat.
 1330.
                                        45:541 (2d sentence words        Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                         before 1st comma).               301 (
2d sentence words before 1st
                                                                          comma
), 84 Stat. 1330; Oct. 5, 1978,
                                                                          Pub. 
L. 95-421, Sec.  11, 92 Stat.
                                                                          928.
                                        45:541 (3d sentence).            Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          301 (
3d sentence), 84 Stat. 1330; June
                                                                          22, 1
988, Pub. L. 100-342, Sec.
                                                                          18(a)
, 102 Stat. 636.
                                        45:541 (last sentence).
                                        45:546(a) (words after ``The     Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                         Corporation'' and before ``and   306(a
), 84 Stat. 1332; June 22, 1972,
                                         shall be subject to'').          Pub. 
L. 92-316, Sec.  3(a), 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. 3
0, 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)(1), (2)(A)...................  45:546(a) (less words after
                                         ``The Corporation'' and before
                                         ``and shall be subject to'').
24301(c) (2)(B).......................  45:546a.                         Oct. 5
, 1978, Pub. L. 95-421, Sec.  7,
                                                                          92 St
at. 927.
24301(d)..............................  45:546(b).                       Oct. 3
0, 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. 3
0, 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. 3
0, 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. 3
0, 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 ``, the National  Jan. 2
, 1974, Pub. L. 93-236, 87 Stat.
                                         Railroad Passenger               985, 
Sec.  711 (words ``, the National
                                         Corporation,'').                 Railr
oad 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. 3
0, 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 N
ational Railroad Passenger
                                                                          Corpo
ration''), 96 Stat. 852.
24301(m)..............................  45:546(i).                       Oct. 3
0, 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. 3
0, 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.

                       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 appears in chapter 3 (Sec. 29-301 et seq.) of Title 29, 
Corporations, of the District of Columbia Code.


                               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.''
