
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC24706]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                    CHAPTER 247--AMTRAK ROUTE SYSTEM
 
Sec. 24706. Discontinuance

    (a) Notice of Discontinuance.--(1) Except as provided in subsection 
(b) of this section, at least 180 days before a discontinuance under 
section 24704 \1\ or or \2\ discontinuing service over a route, Amtrak 
shall give notice of the discontinuance in the way Amtrak decides will 
give a State, a regional or local authority, or another person the 
opportunity to agree to share or assume the cost of any part of the 
train, route, or service to be discontinued.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
    \2\ So in original.
---------------------------------------------------------------------------
    (2) Notice of the discontinuance under section 24704 \1\ or 
paragraph (1) shall be posted in all stations served by the train to be 
discontinued at least 14 days before the discontinuance.
    (b) Discontinuance for Lack of Appropriations.--(1) Amtrak may 
discontinue service under section 24704 \1\ or subsection (a)(1) 
during--
        (A) the first month of a fiscal year if the authorization of 
    appropriations and the appropriations for Amtrak are not enacted at 
    least 90 days before the beginning of the fiscal year; and
        (B) the 30 days following enactment of an appropriation for 
    Amtrak or a rescission of an appropriation.

    (2) Amtrak shall notify each affected State or regional or local 
transportation authority of a discontinuance under this subsection as 
soon as possible after Amtrak decides to discontinue the service.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 927; Pub. L. 105-
134, title I, Secs. 101(c), 142(a), Dec. 2, 1997, 111 Stat. 2572, 2576.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24706(a)(1)...........................  45:564(c)(4)(F)(ii).             Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  404(c)(4)(F); added Sept.
                                                                          29, 1
979, Pub. L. 96-73, Sec.  117, 93
                                                                          Stat.
 545; restated Aug. 13, 1981,
                                                                          Pub. 
L. 97-35, Sec.  1183(b), 95 Stat.
                                                                          696.
24706(a)(2)...........................  45:564(c)(4)(F)(i).
24706(b)..............................  45:564(c)(4)(F)(iii).
24706(c)(1)...........................  45:565(a) (2d sentence).         Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          405(a
) (1st, 2d sentences), 84 Stat.
                                                                          1337;
 restated June 22, 1972, Pub. L.
                                                                          92-31
6, Sec.  7(a), 86 Stat. 230.
                                        45:565(a) (last sentence).       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  405(a) (last sentence);
                                                                          added
 Apr. 7, 1986, Pub. L. 99-272,
                                                                          Sec. 
 4016, 100 Stat. 110.
24706(c)(2)...........................  45:565(a) (1st sentence).
                                        45:565(b) (1st sentence).        Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                                                          405(b
) (1st-3d sentences), 84 Stat.
                                                                          1337.
                                        45:565(c) (1st sentence words    Oct. 3
0, 1970, Pub. L. 91-518, Sec.
                                         before 2d comma).                405(c
), 84 Stat. 1337; restated June
                                                                          22, 1
972, Pub. L. 92-316, Sec.  7(c),
                                                                          86 St
at. 230.
24706(c)(3)...........................  45:565(b) (2d sentence).
24706(c)(4)...........................  45:565(b) (3d sentence).
24706(c)(5)...........................  45:565(c) (1st sentence words
                                         after 2d comma, last
                                         sentence).
24706(c)(6)...........................  45:565(g).                       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  405(g); added Aug. 13,
                                                                          1981,
 Pub. L. 97-35, Sec.  1188(d), 95
                                                                          Stat.
 699.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``Except as provided in subsection 
(b) of this section'' are added for clarity. The word ``authority'' is 
substituted for ``agency'' for consistency in the revised title and with 
other titles of the United States Code.
    In subsection (b)(1), before clause (A), the words ``Notwithstanding 
the provisions of clause (ii)'' are omitted as surplus. In clauses (A) 
and (B), the words ``the benefit of'' are omitted as surplus. In clause 
(A), the words ``for such fiscal year'' are omitted as surplus.
    In subsection (c)(1), before clause (A), the words ``Amtrak or'' are 
substituted for 45:565(c) (1st sentence words before 2d comma) to 
eliminate unnecessary words because operations in the basic system have 
begun. The words ``whether occurring before, on, or after January 1, 
1975'' and ``without being limited to, such provisions as may be 
necessary for'' are omitted as surplus. In clause (A), the words ``to 
such employees'' are omitted as surplus.
    In subsection (c)(3), the words ``section 11347 of this title'' are 
substituted for and coextensive with ``section 5(2)(f) of the Interstate 
Commerce Act'' in section 405(b) of the Rail Passenger Service Act 
(Public Law 91-518, 84 Stat. 1337) on authority of section 3(b) of the 
Act of October 17, 1978 (Public Law 95-473, 92 Stat. 1466).
    In subsection (c)(5), the words ``be construed to'' are omitted as 
surplus. The text of 45:565(c) (last sentence) is omitted as executed.

                       References in Text

    Section 24704 of this title, referred to in text, was repealed by 
Pub. L. 105-134, title I, Sec. 105(a), Dec. 2, 1997, 111 Stat. 2573.


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-134, Sec. 101(c)(1)-(3), 
substituted ``180 days'' for ``90 days'' and ``or discontinuing service 
over a route,'' for ``24707(a) or (b) of this title,'' and inserted ``or 
assume'' after ``agree to share''.
    Subsec. (a)(2). Pub. L. 105-134, Sec. 101(c)(4), which directed 
substitution of ``paragraph (1)'' for ``section 24707(a) or (b) of this 
title'', was executed by making the substitution for ``24707(a) or (b) 
of this title'' to reflect the probable intent of Congress.
    Subsec. (b)(1). Pub. L. 105-134, Sec. 101(c)(5), which directed 
substitution of ``subsection (a)(1)'' for ``section 24707(a) or (b) of 
this title'', was executed by making the substitution for ``24707(a) or 
(b) of this title'' to reflect the probable intent of Congress.
    Subsec. (c). Pub. L. 105-134, Sec. 142(a), struck out subsec. (c) 
which related to employee protective arrangements.


                    Effective Date of 1997 Amendment

    Amendment by section 142(a) of Pub. L. 105-134 effective 180 days 
after Dec. 2, 1997, see section 142(c) of Pub. L. 105-134, set out in an 
Employee Protection Reforms note below.


                       Employee Protection Reforms

    Pub. L. 105-134, title I, Secs. 141, 142, Dec. 2, 1997, 111 Stat. 
2575, 2576, provided that:
``SEC. 141. RAILWAY LABOR ACT PROCEDURES.
    ``(a) Notices.--Notwithstanding any arrangement in effect before the 
date of the enactment of this Act [Dec. 2, 1997], notices under section 
6 of the Railway Labor Act (45 U.S.C. 156) with respect to all issues 
relating to employee protective arrangements and severance benefits 
which are applicable to employees of Amtrak, including all provisions of 
Appendix C-2 to the National Railroad Passenger Corporation Agreement, 
signed July 5, 1973, shall be deemed served and effective on the date 
which is 45 days after the date of the enactment of this Act. Amtrak, 
and each affected labor organization representing Amtrak employees, 
shall promptly supply specific information and proposals with respect to 
each such notice.
    ``(b) National Mediation Board Efforts.--Except as provided in 
subsection (c), the National Mediation Board shall complete all efforts, 
with respect to the dispute described in subsection (a), under section 5 
of the Railway Labor Act (45 U.S.C. 155) not later than 120 days after 
the date of the enactment of this Act [Dec. 2, 1997].
    ``(c) Railway Labor Act Arbitration.--The parties to the dispute 
described in subsection (a) may agree to submit the dispute to 
arbitration under section 7 of the Railway Labor Act (45 U.S.C. 157), 
and any award resulting therefrom shall be retroactive to the date which 
is 120 days after the date of the enactment of this Act [Dec. 2, 1997].
    ``(d) Dispute Resolution.--(1) With respect to the dispute described 
in subsection (a) which--
        ``(A) is unresolved as of the date which is 120 days after the 
    date of the enactment of this Act [Dec. 2, 1997]; and
        ``(B) is not submitted to arbitration as described in subsection 
    (c),
Amtrak shall, and the labor organization parties to such dispute shall, 
within 127 days after the date of the enactment of this Act, each select 
an individual from the entire roster of arbitrators maintained by the 
National Mediation Board. Within 134 days after the date of the 
enactment of this Act, the individuals selected under the preceding 
sentence shall jointly select an individual from such roster to make 
recommendations with respect to such dispute under this subsection. If 
the National Mediation Board is not informed of the selection under the 
preceding sentence 134 days after the date of enactment of this Act, the 
Board shall immediately select such individual.
    ``(2) No individual shall be selected under paragraph (1) who is 
pecuniarily or otherwise interested in any organization of employees or 
any railroad.
    ``(3) The compensation of individuals selected under paragraph (1) 
shall be fixed by the National Mediation Board. The second paragraph of 
section 10 of the Railway Labor Act [45 U.S.C. 160] shall apply to the 
expenses of such individuals as if such individuals were members of a 
board created under such section 10.
    ``(4) If the parties to a dispute described in subsection (a) fail 
to reach agreement within 150 days after the date of the enactment of 
this Act, the individual selected under paragraph (1) with respect to 
such dispute shall make recommendations to the parties proposing 
contract terms to resolve the dispute.
    ``(5) If the parties to a dispute described in subsection (a) fail 
to reach agreement, no change shall be made by either of the parties in 
the conditions out of which the dispute arose for 30 days after 
recommendations are made under paragraph (4).
    ``(6) Section 10 of the Railway Labor Act (45 U.S.C. 160) shall not 
apply to a dispute described in subsection (a).
    ``(e) No Precedent for Freight.--Nothing in this Act [see Short 
Title of 1997 Amendment note set out under section 20101 of this title], 
or in any amendment made by this Act, shall affect the level of 
protection provided to freight railroad employees and mass 
transportation employees as it existed on the day before the date of 
enactment of this Act [Dec. 2, 1997].
``SEC. 142. SERVICE DISCONTINUANCE.
    ``(a) Repeal.--Section 24706(c) is repealed.
    ``(b) Existing Contracts.--Any provision of a contract entered into 
before the date of the enactment of this Act [Dec. 2, 1997] between 
Amtrak and a labor organization representing Amtrak employees relating 
to employee protective arrangements and severance benefits applicable to 
employees of Amtrak is extinguished, including all provisions of 
Appendix C-2 to the National Railroad Passenger Corporation Agreement, 
signed July 5, 1973.
    ``(c) Special Effective Date.--Subsections (a) [amending this 
section] and (b) of this section shall take effect 180 days after the 
date of the enactment of this Act [Dec. 2, 1997].
    ``(d) Nonapplication of Bankruptcy Law Provision.--Section 1172(c) 
of title 11, United States Code, shall not apply to Amtrak and its 
employees.''

                  Section Referred to in Other Sections

    This section is referred to in sections 10903, 11326 of this title.
