Historical and Revision Notes
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24305(a)(1)
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45:545(a) (1st sentence 1st–32d words, words after last semicolon).
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Oct. 30, 1970, Pub. L. 91–518, § 305(a) (1st, 2d sentences), 84 Stat. 1332; June 22, 1972, Pub. L. 92–316, § 2(1), (2), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, § 4, 87 Stat. 549; Aug. 13, 1981, Pub. L. 97–35, § 1188(b), 95 Stat. 699.
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45:545(b) (4th sentence).
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Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(b) (4th sentence); added June 22, 1972, Pub. L. 92–316, § 2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, § 5, 87 Stat. 550.
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45:545(e)(5).
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Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(e)(1)–(6); added Nov. 3, 1973, Pub. L. 93–146, § 6, 87 Stat. 551.
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24305(a)(2)
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45:545(a) (2d sentence).
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24305(b)
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45:545(e)(2).
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45:545(g).
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Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(g); added Oct. 28, 1974, Pub. L. 93–496, § 3, 88 Stat. 1527; restated Sept. 29, 1979, Pub. L. 96–73, §§ 106, 107, 93 Stat. 539, 540.
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24305(c)(1)
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45:851(a)(2).
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Feb. 5, 1976, Pub. L. 94–210, § 701(a)(2), 90 Stat. 119.
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24305(c)(2)
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45:545(a) (1st sentence 33d word–1st semicolon).
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45:545a.
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Oct. 5, 1978, Pub. L. 95–421, § 19, 92 Stat. 930.
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24305(c)(3)
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45:545(e)(1).
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24305(c)(4)
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45:545(n).
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Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(n); added Aug. 13, 1981, Pub. L. 97–35, § 1177(a), 95 Stat. 692.
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24305(c)(5)
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45:545(a) (1st sentence words between 1st and last semicolons), (e)(3).
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24305(c)(6)
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45:545(e)(4), (6).
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24305(d)
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45:546(j).
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Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 306(j); added Oct. 19, 1976, Pub. L. 94–555, § 106, 90 Stat. 2615; Sept. 29, 1979, Pub. L. 96–73, § 112(b), 93 Stat. 541.
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24305(e)
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45:545(j).
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Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(j); added Oct. 19, 1976, Pub. L. 94–555, § 104, 90 Stat. 2615; Sept. 29, 1979, Pub. L 96–73, §§ 106, 108, 93 Stat. 539, 540.
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24305(f)
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45:545(k).
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Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(k); added Oct. 5, 1978, Pub. L. 95–421, § 10, 92 Stat. 928; Sept. 29, 1979, Pub. L. 96–73, §§ 106, 109, 93 Stat. 539, 540.
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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
2015—Subsec. (e). Pub. L. 114–94 substituted “may directly employ or contract with” for “may employ”, “directly employed by or contracted by” for “employed by”, and “directly employed or contracted without” for “employed without”.
1997—Subsec. (a)(3). Pub. L. 105–134, § 107(a), added par. (3).
Subsec. (d)(3). Pub. L. 105–134, § 107(b), added par. (3).
Local Products and Promotional Events
Pub. L. 114–94, div. A, title XI, § 11209, Dec. 4, 2015, 129 Stat. 1640, provided that:
“(a) In General.—Not later than 6 months after the date of enactment of this Act [Dec. 4, 2015], Amtrak shall establish a pilot program for a State or States that sponsor a State-supported route operated by Amtrak to facilitate—
“(1)
onboard purchase and sale of local food and beverage products; and
“(2)
partnerships with local entities to hold promotional events on trains or in stations.
“(b) Program Design.—The pilot program under paragraph (1) shall—
“(1)
allow a
State or
States to nominate and select a local food and beverage products supplier or suppliers or local promotional event partner;
“(2)
allow a
State or
States to charge a reasonable price or fee for local food and beverage products or promotional events and related activities to help defray the
costs of program administration and
State-supported routes; and
“(3)
provide a mechanism to ensure that
State products can effectively be handled and integrated into existing food and beverage services, including compliance with all applicable regulations and standards governing such services.
“(c) Program Administration.—The pilot program shall—
“(1)
for local food and beverage products, ensure the products are integrated into existing food and beverage services, including compliance with all applicable regulations and standards;
“(2)
for promotional events, ensure the events are held in compliance with all applicable regulations and standards, including terms to address insurance requirements; and
“(3)
require an annual report that documents revenues and
costs and indicates whether the products or events resulted in a reduction in the financial contribution of a
State or
States to the applicable
State-supported route.
“(d) Report.—
Not later than 4 years after the date of enactment of this Act,
Amtrak shall report to the Committee on
Commerce, Science, and
Transportation of the
Senate and the Committee on
Transportation and Infrastructure of the
House of Representatives on which
States have participated in the
pilot programs under this section. The report shall summarize the financial and operational outcomes of the
pilot programs and include any
plan for future action.
Amtrak Pilot Program for Passengers Transporting Domesticated Cats and Dogs
Pub. L. 114–94, div. A, title XI, § 11210, Dec. 4, 2015, 129 Stat. 1641, provided that:
“(a) In General.—
Not later than 1 year after the date of enactment of this Act [
Dec. 4, 2015],
Amtrak shall develop a
pilot program that allows
passengers to transport domesticated cats or dogs on certain trains operated by
Amtrak.
“(b) Pet Policy.—In developing the pilot program required under subsection (a), Amtrak shall—
“(1) in the case of a passenger train that is comprised of more than 1 car, designate, where feasible, at least 1 car in which a ticketed passenger may transport a domesticated cat or dog in the same manner as carry-on baggage if—
“(A)
the cat or dog is contained in a pet kennel;
“(B)
the pet kennel complies with
Amtrak size requirements for carriage of carry-on baggage;
“(2) allow a ticketed passenger to transport a domesticated cat or dog on a train in the same manner as cargo if—
“(A)
the cat or dog is contained in a pet kennel;
“(B)
the pet kennel complies with
Amtrak size requirements for carriage of carry-on baggage;
“(D)
the cargo
area is temperature controlled in a manner protective of cat and dog safety and health; and
“(3)
collect fees for each cat or dog transported by a ticketed
passenger in an amount that, in the aggregate and at a minimum, covers the full
costs of the
pilot program.
“(c) Report.—
Not later than 1 year after the
pilot program required under subsection (a) is first implemented,
Amtrak shall transmit to the Committee on
Commerce, Science, and
Transportation of the
Senate and the Committee on
Transportation and Infrastructure of the
House of Representatives a report containing an evaluation of the
pilot program.
“(d) Limitation on Statutory Construction.—
“(1) Service animals.—
The
pilot program under subsection (a) shall be separate from and in addition to the policy governing
Amtrak passengers traveling with service animals. Nothing in this section may be interpreted to limit or waive the rights of
passengers to transport service animals.
“(2) Additional train cars.—
Nothing in this section may be interpreted to require
Amtrak to add additional train cars or modify existing train cars.
“(3) Federal funds.—
No Federal funds may be used to implement the
pilot program required under this section.”
Right-of-Way Leveraging
Pub. L. 114–94, div. A, title XI, § 11211, Dec. 4, 2015, 129 Stat. 1641, provided that:
“(a) Request for Proposals.—
“(1) In general.—
Not later than 1 year after the date of enactment of this Act [
Dec. 4, 2015],
Amtrak shall issue a Request for
Proposals seeking qualified
persons or entities to utilize right-of-way and real estate owned, controlled, or managed by
Amtrak for telecommunications systems, energy distribution systems, and other activities considered appropriate by
Amtrak.
“(2) Contents.—
The Request for
Proposals shall provide sufficient information on the right-of-way and real estate assets to enable respondents to propose an arrangement that will monetize or generate additional revenue from such assets through revenue sharing or leasing agreements with
Amtrak, to the extent possible.
“(3) Deadline.—
Amtrak shall set a deadline for the submission of
proposals that is not later than 1 year after the issuance of the Request for
Proposals under paragraph (1).
“(b) Consideration of Proposals.—
Not later than 180 days after the deadline for the receipt of
proposals under subsection (a), the
Amtrak Board of Directors shall review and consider each qualified
proposal.
Amtrak may enter into such agreements as are necessary to implement any qualified
proposal.
“(c) Report.—
Not later than 1 year after the deadline for the receipt of
proposals under subsection (a),
Amtrak shall transmit to the Committee on
Commerce, Science, and
Transportation of the
Senate and the Committee on
Transportation and Infrastructure of the
House of Representatives a report on the Request for
Proposals required by this section, including summary information of any
proposals submitted to
Amtrak and any
proposals accepted by the
Amtrak Board of Directors.
“(d) Savings Clause.—
Nothing in this section shall be construed to limit
Amtrak’s ability to utilize right-of-way or real estate assets that it currently owns,
controls, or manages or constrain
Amtrak’s ability to enter into agreements with other parties to utilize such assets.”
Station Development
Pub. L. 114–94, div. A, title XI, § 11212, Dec. 4, 2015, 129 Stat. 1642, provided that:
“(a) Report on Development Options.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], Amtrak shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
“(1) options to enhance economic development and accessibility of and around Amtrak stations and terminals, for the purposes of—
“(A)
improving station condition, functionality, capacity, and customer amenities;
“(B)
generating additional investment capital and development-related revenue streams;
“(C)
increasing ridership and revenue; and
“(D)
strengthening multimodal connections, including transit, intercity buses, roll-on and roll-off bicycles, and
airports, as appropriate; and
“(2)
options for additional
Amtrak stops that would have a positive incremental financial impact to
Amtrak, based on
Amtrak feasibility studies that demonstrate a financial benefit to
Amtrak by generating additional revenue that exceeds any incremental
costs.
“(b) Request for Information.—
Not later than 90 days after the date the report is submitted under subsection (a),
Amtrak shall issue a Request for Information for 1 or more
owners of stations served by
Amtrak to formally express an interest in completing the requirements of this section.
“(c) Proposals.—
“(1) Request for proposals.—
Not later than 180 days after the date the Request for Information is issued under subsection (b),
Amtrak shall issue a Request for
Proposals from qualified
persons, including
small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead, participate, or partner with
Amtrak, a station
owner that responded under subsection (b), and other entities in enhancing development in and around such stations and terminals using applicable options identified under subsection (a) at facilities selected by
Amtrak.
“(2) Consideration of proposals.—
Not later than 1 year after the date the Request for
Proposals is issued under paragraph (1), the
Amtrak Board of Directors shall review and consider qualified
proposals submitted under paragraph (1).
Amtrak or a station
owner that responded under subsection (b) may enter into such agreements as are necessary to implement any qualified
proposal.
“(d) Report.—
Not later than 4 years after the date of enactment of this Act,
Amtrak shall transmit to the Committee on
Commerce, Science, and
Transportation of the
Senate and the Committee on
Transportation and Infrastructure of the
House of Representatives a report on the Request for
Proposals process required under this section, including summary information of any qualified
proposals submitted to
Amtrak and any
proposals acted upon by
Amtrak or a station
owner that responded under subsection (b).
“(e) Definitions.—
In this section, the terms ‘
small business concern’, ‘socially and economically disadvantaged individual’, and ‘veteran-owned small business’ have the meanings given the terms in section 11310(c) of this Act [
129 Stat. 1670].
“(f) Savings Clause.—
Nothing in this section shall be construed to limit
Amtrak’s ability to develop its stations, terminals, or other assets, to constrain
Amtrak’s ability to enter into and carry out agreements with other parties to enhance development at or around
Amtrak stations or terminals, or to affect any station development initiatives ongoing as of the date of enactment of this Act.”
Amtrak Security Evaluation and Development of Procedures for Firearm Storage and Carriage in Checked Baggage Cars and Stations
Pub. L. 111–117, div. A, title I, § 159, Dec. 16, 2009, 123 Stat. 3061, as amended by Pub. L. 111–212, title III, § 3009, July 29, 2010, 124 Stat. 2340, provided that:
“(a) Amtrak Security Evaluation.—No later than 180 days after the enactment of this Act [Dec. 16, 2009], Amtrak, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall submit a report to Congress that contains—
“(1)
a comprehensive, system-wide, security evaluation; and
“(2)
proposed guidance and procedures necessary to implement a new checked firearms program.
“(b) Developement and Implementation of Guidance and Procedures.—
“(1) In General.—
Not later than one year after the enactment of this Act [
Dec. 16, 2009],
Amtrak, in consultation with the Assistant Secretary, shall develop and implement guidance and procedures to carry out the duties and responsibilities of firearm storage and carriage in checked baggage cars and at
Amtrak stations that accept checked baggage.
“(2) Scope.—The guidance and procedures developed under paragraph (1) shall—
“(A) permit Amtrak passengers holding a ticket for a specific Amtrak route to place an unloaded firearm or starter pistol in a checked bag on such route if—
“(i)
the
Amtrak station accepts checked baggage for such route;
“(ii)
the
passenger declares to
Amtrak, either orally or in writing, at the time the reservation is made or not later than 24 hours before departure, that the firearm will be placed in his or her bag and will be unloaded;
“(iii)
the firearm is in a hard-sided container;
“(iv)
such container is locked; and
“(v)
only the
passenger has the key or combination for such container;
“(B) permit Amtrak passengers holding a ticket for a specific Amtrak route to place small arms ammunition for personal use in a checked bag on such route if the ammunition is securely packed—
“(i)
in fiber, wood, or metal boxes; or
“(ii)
in other packaging specifically designed to carry small amounts of ammunition; and
“(C) include any other measures needed to ensure the safety and security of Amtrak employees, passengers, and infrastructure, including—
“(i)
requiring inspections of any container containing a firearm or ammunition; and
“(ii)
the temporary suspension of firearm carriage service if credible intelligence information indicates a threat related to the national rail system or specific routes or trains.
“(c) Definitions.—
“(1)
[sic] For purposes of this section, the term ‘checked baggage’ refers to baggage transported that is accessible only to select
Amtrak employees.”
General Services Administration Services
Pub. L. 110–432, div. B, title II, § 218(b), Oct. 16, 2008, 122 Stat. 4930, provided that:
“
Amtrak may obtain from the Administrator of General Services, and the Administrator may provide to
Amtrak, services under sections
502(a) and
602 of title
40,
United States Code.”
Pub. L. 106–554, § 1(a)(4) [div. A, § 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 [former] 24104(a) of title 49,
United States Code.”
Rail and Motor Carrier Passenger Service
Pub. L. 105–134, title I, § 108, Dec. 2, 1997, 111 Stat. 2574, provided that:
“(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, § 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.”