
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(4)[1110]]
[CITE: 49USC24305]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                           CHAPTER 243--AMTRAK
 
Sec. 24305. General authority

    (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.

(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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24305(a)(1)...........................  45:545(a) (1st sentence 1st-32d  Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                         words, words after last          305(a
) (1st, 2d sentences), 84 Stat.
                                         semicolon).                      1332;
 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, S
ec.  1188(b), 95 Stat. 699.
                                        45:545(b) (4th sentence).        Oct. 3
0, 1970, Pub. L. 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. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  305(e)(1)-(6); added Nov.
                                                                          3, 19
73, 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. 3
0, 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 St
at. 930.
24305(c)(3)...........................  45:545(e)(1).
24305(c)(4)...........................  45:545(n).                       Oct. 3
0, 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. 3
0, 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, S
ec.  112(b), 93 Stat. 541.
24305(e)..............................  45:545(j).                       Oct. 3
0, 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, S
ecs.  106, 108, 93 Stat. 539,
                                                                          540.
24305(f)..............................  45:545(k).                       Oct. 3
0, 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, S
ecs.  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).


                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.''
