49 U.S.C. § 24306 — Mail, express, and auto-ferry transpor-

Page 682 TITLE 49—TRANSPORTATION § 24306 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 Admin- istration), shall submit a report to Congress that con- tains— ‘‘(1) a comprehensive, system-wide, security evalua- tion; and ‘‘(2) proposed guidance and procedures necessary to implement a new checked firearms program. ‘‘(b) DEVELOPEMENT AND IMPLEMENTATION OF GUID- ANCE AND PROCEDURES.— ‘‘(1) IN GENERAL.—Not later than one year after the enactment of this Act [Dec. 16, 2009], Amtrak, in con- sultation 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 sta- tions that accept checked baggage. ‘‘(2) SCOPE.—The guidance and procedures devel- oped 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 bag- gage 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 depar- ture, 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 combina- tion for such container; ‘‘(B) permit Amtrak passengers holding a ticket for a specific Amtrak route to place small arms am- munition 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, pas- sengers, and infrastructure, including— ‘‘(i) requiring inspections of any container con- taining a firearm or ammunition; and ‘‘(ii) the temporary suspension of firearm car- riage service if credible intelligence information indicates a threat related to the national rail sys- tem 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 Admin- istrator may provide to Amtrak, services under sec- tions 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 au- thorized 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 fis- cal year thereafter until the fiscal year that Amtrak operates without Federal operating grant funds appro- priated 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: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law (other than section 24305(a)(3) of title 49, United States Code), Amtrak and motor carriers of pas- sengers 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, reserva- tions, and ticketing to provide for enhanced inter- modal 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, § 412, Dec. 2, 1997, 111 Stat. 2589, provided that: ‘‘Amtrak shall participate in edu- cational efforts with elementary and secondary schools to inform students on the advantages of rail travel and the need for rail safety.’’ § 24306. Mail, express, and auto-ferry transpor- tation (a) ACTIONS TO INCREASE REVENUES.—Amtrak shall take necessary action to increase its reve- nues from the transportation of mail and ex- press. To increase its revenues, Amtrak may provide auto-ferry transportation as part of the basic passenger transportation authorized by this part. (b) AUTHORITY OF OTHERS TO PROVIDE AUTO- FERRY TRANSPORTATION.—State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Am- trak or a rail carrier providing auto-ferry trans- portation. A rail carrier may not refuse to par- ticipate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 910; Pub. L. 105–134, title I, § 102, Dec. 2, 1997, 111 Stat. 2572.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24306(a) ...... 45:545(b) (1st, 2d sen- tence words be- fore 2d comma, last sentence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(b) (1st–3d, last sentences); added June 22, 1972, Pub. L. 92–316, § 2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, § 5, 87 Stat. 549. 24306(b)(1) .. 45:545(b) (2d sen- tence words after 2d comma). 24306(b)(2) .. 45:545(b) (3d sen- tence). 24306(b)(3) .. 45:546(h). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 306(h); added Nov. 3, 1973, Pub. L. 93–146, § 7, 87 Stat. 551. In subsection (a), the words ‘‘and to better accom- plish the purposes of this chapter’’ and ‘‘modify its services to’’ are omitted as surplus. The words ‘‘a de- partment, agency, or instrumentality of the United States Government’’ are substituted for ‘‘Federal de- partments and agencies’’ for consistency in the revised Page 683 TITLE 49—TRANSPORTATION § 24307 title and with other titles of the United States Code. The words ‘‘consistent with the provisions of existing law’’ are omitted as surplus. In subsection (b)(1), before clause (A), the words ‘‘A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide’’ are substituted for ‘‘except that nothing contained in this chapter shall prevent any other person, other than a railroad (except that for purposes of this section a person primarily engaged in auto-ferry service shall not be deemed to be a railroad), from providing such’’ to eliminate unnecessary words. The text of 45:545(b) (2d sentence words after ‘‘the public’’) is omitted as ob- solete. In subsection (b)(2), the words ‘‘may provide’’ are sub- stituted for ‘‘Nothing in this section shall be construed to restrict the right of . . . from performing’’ to elimi- nate unnecessary words and for clarity. The words ‘‘rail lines’’ are substituted for ‘‘lines’’ for clarity and con- sistency in the revised title and with other titles of the Code. In subsection (b)(3), the words ‘‘has the effect of pro- hibiting or’’, ‘‘fine, penalty, or other’’, and ‘‘for viola- tion of’’ are omitted as surplus. The words ‘‘rail car- rier’’ are substituted for ‘‘common carrier by railroad’’ for consistency in the revised title and with other titles of the Code. Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–134, § 102(1), struck out at end ‘‘When requested by Amtrak, a department, agency, or instrumentality of the United States Gov- ernment shall assist in carrying out this section.’’ Subsec. (b). Pub. L. 105–134, § 102(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘(1) A person primarily providing auto-ferry trans- portation and any other person not a rail carrier may provide auto-ferry transportation over any route under a certificate issued by the Interstate Commerce Com- mission if the Commission finds that the auto-ferry transportation— ‘‘(A) will not impair the ability of Amtrak to re- duce its losses or increase its revenues; and ‘‘(B) is required to meet the public demand. ‘‘(2) A rail carrier that has not made a contract with Amtrak to provide rail passenger transportation may provide auto-ferry transportation over its own rail lines. ‘‘(3) State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry trans- portation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation be- cause a State or local law or regulation makes the transportation unlawful.’’ § 24307. Special transportation (a) REDUCED FARE PROGRAM.—Amtrak shall maintain a reduced fare program for the fol- lowing: (1) individuals at least 65 years of age. (2) individuals (except alcoholics and drug abusers) who— (A) have a physical or mental impairment that substantially limits a major life activ- ity of the individual; (B) have a record of an impairment; or (C) are regarded as having an impairment. (b) EMPLOYEE TRANSPORTATION.—(1) In this subsection, ‘‘rail carrier employee’’ means— (A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of absence; (B) a retired employee of a rail carrier or terminal company; and (C) a dependent of an employee referred to in clause (A) or (B) of this paragraph. (2) Amtrak shall ensure that a rail carrier em- ployee eligible for free or reduced-rate rail transportation on April 30, 1971, under an agree- ment in effect on that date is eligible, to the greatest extent practicable, for free or reduced- rate intercity rail passenger transportation pro- vided by Amtrak under this part, if space is available, on terms similar to those available on that date under the agreement. However, Am- trak may apply to all rail carrier employees eli- gible to receive free or reduced-rate transpor- tation under any agreement a single systemwide schedule of terms that Amtrak decides applied to a majority of employees on that date under all those agreements. Unless Amtrak and a rail carrier make a different agreement, the carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liabil- ity related to travel of a rail carrier employee eligible for free or reduced-rate transportation. (3) This subsection does not prohibit the Sur- face Transportation Board from ordering retro- active relief in a proceeding begun or reopened after October 1, 1981. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 911; Pub. L. 105–134, title IV, § 406(b), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 112–141, div. C, title II, § 32932(c)(1), July 6, 2012, 126 Stat. 829.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24307(a) ...... 45:545(c)(2). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(c)(2); added Sept. 29, 1979, Pub. L. 96–73, § 105(2), 93 Stat. 539. 24307(b) ...... 45:545(c)(1). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(c)(1); added Nov. 3, 1973, Pub. L. 93–146, § 6, 87 Stat. 550; Sept. 29, 1979, Pub. L. 96–73, § 105(1), 93 Stat. 539. 24307(c) ...... 45:565(f). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 405(f); added June 22, 1972, Pub. L. 92–316, § 8, 86 Stat. 230; Sept. 29, 1979, Pub. L. 96–73, § 120(a), 93 Stat. 547; Aug. 13, 1981, Pub. L. 97–35, § 1184, 95 Stat. 697. In subsection (a), before clause (1), the word ‘‘main- tain’’ is substituted for ‘‘Within 90 days after Sep- tember 29, 1979’’ and ‘‘establish’’ for clarity. In subsection (b), before clause (1), the word ‘‘act’’ is substituted for ‘‘take all steps necessary to’’ to elimi- nate unnecessary words. The words ‘‘access to’’ are added for clarity. In clause (1), the words ‘‘and devices’’ are omitted as surplus. In clause (4), the words ‘‘archi- tectural and other’’ are omitted as surplus. In subsection (c)(1)(A), the words ‘‘period of’’ and ‘‘while on’’ are omitted as surplus. In subsection (c)(2), the words ‘‘take such action as may be necessary to’’, ‘‘the terms of . . . policy or’’, and ‘‘to such railroad employee’’ are omitted as sur- plus. The words ‘‘or group of railroads’’ are omitted be- cause of 1:1.