§24301. Status and applicable laws

(a) Status.-Amtrak-

(1) is a rail carrier under section 10102 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.

(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.-(1) 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) sections 10721–10724 of this title apply to Amtrak; and

(B) on application of an adversely affected motor carrier, the Interstate Commerce Commission under any provision of subtitle IV of this title applicable to a carrier subject to subchapter I of chapter 105 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.

(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 common carrier subject to subchapter I of chapter 105 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 §29–301 et seq.) apply to Amtrak.

(f) Laws Governing Leases and Contracts.-The laws of the District of Columbia govern leases and contracts of Amtrak, regardless of where they are executed.

(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) Amtrak or a rail carrier subsidiary of Amtrak is exempt from a tax or fee imposed by a State, a political subdivision of a State, or a local taxing authority and levied on it after September 30, 1981. However, Amtrak is not exempt under this subsection from a tax or fee that it was required to pay as of September 10, 1982.

(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, 1996; 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, §1(e), July 5, 1994, 108 Stat. 904 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
24301(a)	45:541 (1st sentence).	Oct. 30, 1970, Pub. L. 91–518, §301 (1st, 4th, last sentences), 84 Stat. 1330 .
	45:541 (2d sentence words before 1st comma).	Oct. 30, 1970, Pub. L. 91–518, §301 (2d sentence words before 1st comma), 84 Stat. 1330 ; Oct. 5, 1978, Pub. L. 95–421, §11, 92 Stat. 928 .
	45:541 (3d sentence).	Oct. 30, 1970, Pub. L. 91–518, §301 (3d sentence), 84 Stat. 1330 ; June 22, 1988, Pub. L. 100–342, §18(a), 102 Stat. 636 .
	45:541 (last sentence).
	45:546(a) (words after "The Corporation" and before "and shall be subject to").	Oct. 30, 1970, Pub. L. 91–518, §306(a), 84 Stat. 1332 ; June 22, 1972, Pub. L. 92–316, §3(a), 86 Stat. 228 ; Sept. 29, 1979, Pub. L. 96–73, §112(a), 93 Stat. 541 ; Apr. 7, 1986, Pub. L. 99–272, §4015, 100 Stat. 110 .
24301(b)	45:546(m).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §306(m); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541 ; Apr. 7, 1986, Pub. L. 99–272, §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, §7, 92 Stat. 927 .
24301(d)	45:546(b).	Oct. 30, 1970, Pub. L. 91–518, §§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 , §305(e)(8); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551 .
	45:546(g).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §306(g); added June 22, 1972, Pub. L. 92–316, §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 , §306(l); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541 .
24301(i)	45:797j (words ", the National Railroad Passenger Corporation,").	Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985 , §711 (words ", the National Railroad Passenger Corporation,"); added Aug. 13, 1981, Pub. L. 97–35, §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 , §306(n); added Aug. 13, 1981, Pub. L. 97–35, §1178, 95 Stat. 692 ; restated Oct. 27, 1992, Pub. L. 102–533, §6, 106 Stat. 3517 .
24301(l)	45:546b.	Sept. 10, 1982, Pub. L. 97–257, §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 , §306(i); added Feb. 5, 1976, Pub. L. 94–210, §706(e), 90 Stat. 124 ; Oct. 19, 1976, Pub. L. 94–555, §105, 90 Stat. 2615 ; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412 ; Nov. 16, 1990, Pub. L. 101–610, §601(a), 104 Stat. 3185 .
24301(n)	45:546(f).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §306(f); added June 22, 1972, Pub. L. 92–316, §3(b), 86 Stat. 228 ; Apr. 7, 1986, Pub. L. 99–272, §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 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 (§29–301 et seq.) of Title 29, Corporations, of the District of Columbia Code.

Regulations

Pub. L. 101–610, title VI, §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."