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49 U.S.C. § 24305General authority

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 751 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives Amtrak broad power to run its rail business: buying and maintaining equipment, contracting with bus lines in limited cases, keeping trains in good repair, selling food and hauling mail, hiring rail police, and making through-routes with other carriers. It must generally buy American-made supplies over $1 million.

(a) Acquisition and Operation of Equipment and Facilities. Amtrak can acquire, run, maintain, and contract for equipment and facilities needed for intercity and commuter rail, mail and express transport, and auto-ferry service. Amtrak must control, as much as practical, all aspects of the rail service it provides itself. Amtrak may contract with a bus company for intercity passenger transport over regular routes, but only if: the bus company is not a public agency getting government assistance (other than certain rural transit funding); the passengers already traveled by rail or will travel by rail afterward; and the buses used are only for those connecting passengers. This restriction does not apply to service mostly funded by a State or local government, or to plain ticket-selling agreements. (b) Maintenance and Rehabilitation. Amtrak may maintain and rehabilitate its rail passenger equipment, and must keep a regional maintenance plan that includes: a review panel picked by Amtrak's President; a system-wide inventory of spare parts in each region; enough maintenance staff for cars and locomotives in each region; a systematic preventive maintenance program; periodic reviews of maintenance costs, delays, and parts shortages with fixes for them; and any other elements Amtrak thinks appropriate. (c) Miscellaneous Authority. Amtrak may: make and carry out reasonable agreements; transport mail and express, and must try hard to win the U.S. Postal Service's bulk mail business; improve its reservation system and advertising; provide food and drinks on trains; run research, development, and demonstration programs tied to its mission; and buy or lease rail cars and develop better rolling stock. (d) Through Routes and Joint Fares. Congress supports Amtrak setting up through-routes and combined fares with other rail, bus, air, or water carriers, domestic or international, and encourages using existing legal authority (sections 11322 and 14302) to improve public service and efficiency. (e) Rail Police. Amtrak can directly hire or contract rail police to protect passengers and Amtrak's property. Rail police who already meet one State's licensing requirements can work across other States without needing to separately meet each State's requirements. (f) Domestic Buying Preferences. For purchases costing at least $1,000,000, Amtrak must buy only unmanufactured materials mined or produced in the U.S. (including territories and D.C.), or manufactured goods made in the U.S. substantially from U.S.-sourced materials. The Secretary of Transportation may exempt Amtrak from this rule for specific items if following it would be against the public interest, would cost too much, if the items aren't available in the U.S. in sufficient quantity or quality, or if rolling stock or engines can't be delivered domestically in a reasonable time.
the actual law source: uscode.house.gov ↗public domain
(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;

(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 directly employ or contract with rail police to provide security for rail passengers and property of Amtrak. Rail police directly employed by or contracted by Amtrak who have complied with a State law establishing requirements applicable to rail police or individuals employed in a similar position may be directly employed or contracted 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.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 909; Pub. L. 105–134, title I, § 107, Dec. 2, 1997, 111 Stat. 2573; Pub. L. 114–94, div. A, title XI, § 11412(c)(1), Dec. 4, 2015, 129 Stat. 1688; Pub. L. 117–58, div. B, title II, § 22208(a), Nov. 15, 2021, 135 Stat. 706.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 909
  • 1997Amended · Pub. L. 105-134 · 111 Stat. 2573
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1688
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 706

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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