Page:United States Statutes at Large Volume 108 Part 2.djvu/188

 108 STAT. 904 PUBLIC LAW 103-272—JULY 5, 1994 24312. Labor standards. 24313. Rail safety system program. 24314. Demonstration of new technology. 24315. Reports and audits. § 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.

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