49 USC 24301 note: Bid proposals not incorporated in contracts
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
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 11123, 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; Pub. L. 108-199, div. F, title I, Sec. 150(2), Jan. 23,
2004, 118 Stat. 303.)
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, Sec.
301 (1st, 4th, last sentences), 84
Stat. 1330.
45:541 (2d sentence words Oct. 30, 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. 30, 1970, Pub. L. 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 after ``The Oct. 30, 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. 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)(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 Stat. 927.
24301(d).............................. 45:546(b). Oct. 30, 1970, Pub. L. 91-518, Sec.
Sec. 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 ``, the National Jan. 2, 1974, Pub. L. 93-236, 87 Stat.
Railroad Passenger 985, Sec. 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.
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.
Amendments
2004--Subsec. (c). Pub. L. 108-199 inserted ``11123,'' after
``except for sections''.
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.''