49 U.S.C. § 24706 — Discontinuance

Page 706 TITLE 49—TRANSPORTATION § 24702 § 24702. Transportation requested by States, au- thorities, and other persons (a) CONTRACTS FOR TRANSPORTATION.—Amtrak may enter into a contract with a State, a re- gional or local authority, or another person for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree. (b) DISCONTINUANCE.—Upon termination of a contract entered into under this section, or the cessation of financial support under such a con- tract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law. (Added Pub. L. 110–432, div. B, title II, § 201(b)(1), Oct. 16, 2008, 122 Stat. 4910.) Editorial Notes PRIOR PROVISIONS A prior section 24702, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 923; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to carrying out plan to improve intercity rail passenger service prior to repeal by Pub. L. 105–134, title I, § 101(b), Dec. 2, 1997, 111 Stat. 2572. Statutory Notes and Related Subsidiaries ACCESS TO AMTRAK EQUIPMENT AND SERVICES Pub. L. 110–432, div. B, title II, § 217, Oct. 16, 2008, 122 Stat. 4930, as amended by Pub. L. 114–94, div. A, title XI, § 11006(b)(1), Dec. 4, 2015, 129 Stat. 1624, provided that: ‘‘If a State desires to select or selects an entity other than Amtrak to provide services required for the operation of an intercity passenger train route de- scribed in section 24102(7)(D) or 24702 of title 49, United States Code, the State may make an agreement with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak to enable the State to utilize an entity other than Amtrak to provide services required for operation of the route. If the parties cannot agree upon terms, and the Surface Transportation Board finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary to carry out this provision and that the operation of Am- trak’s other services will not be impaired thereby, the Surface Transportation Board shall, within 120 days after submission of the dispute, issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services. Compensation shall be determined, as appro- priate, in accordance with the methodology established pursuant to section 209 of this division [49 U.S.C. 24101 note], if available.’’ [§§ 24703 to 24705. Repealed. Pub. L. 105–134, title I, §§ 103–105(a), Dec. 2, 1997, 111 Stat. 2572, 2573] Section 24703, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 924, provided route and service criteria for modi- fying or discontinuing routes. Section 24704, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 925, related to application by States, regional or local authorities, or other persons requesting Amtrak to provide passenger rail service and criteria for deci- sion. Section 24705, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 926; Pub. L. 104–88, title III, § 308(i), Dec. 29, 1995, 109 Stat. 947, related to providing service on routes rec- ommended to be discontinued, criteria for deferring Secretary’s recommendation, and providing short haul demonstration routes. § 24706. Discontinuance (a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in subsection (c), not later than 180 days before 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. (2) Notice of the discontinuance under para- graph (1) shall be posted in all stations served by the train to be discontinued at least 14 days be- fore the discontinuance. (b) DISCONTINUANCE OR SUBSTANTIAL ALTER- ATION OF LONG-DISTANCE ROUTES.—Except as provided in subsection (c), in an emergency, or during maintenance or construction outages im- pacting Amtrak routes, Amtrak may not dis- continue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network. (c) DISCONTINUANCE FOR LACK OF APPROPRIA- TIONS.—(1) Amtrak may discontinue service under subsection (a)(1) during— (A) the first month of a fiscal year if the au- thorization of appropriations and the appro- priations 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 ap- propriation 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. (d) CONGRESSIONAL NOTIFICATION OF DIS- CONTINUANCE.—Except as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the mem- bers of Congress representing any State or dis- trict in which the discontinuance would occur. (e) APPLICABILITY.—This section applies to all service over routes provided by Amtrak, not- withstanding any provision of section 24701 of this title or any other provision of this title ex- cept section 24702(b). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 927; Pub. L. 105–134, title I, §§ 101(c), 142(a), Dec. 2, 1997, 111 Stat. 2572, 2576; Pub. L. 110–432, div. B, title II, § 201(d), Oct. 16, 2008, 122 Stat. 4910; Pub. L. 114–94, div. A, title XI, § 11316(n)(1), Dec. 4, 2015, 129 Stat. 1678; Pub. L. 117–58, div. B, title II, § 22210, Nov. 15, 2021, 135 Stat. 708.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24706(a)(1) .. 45:564(c)(4)(F)(ii). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 404(c)(4)(F); added Sept. 29, 1979, Pub. L. 96–73, § 117, 93 Stat. 545; restated Aug. 13, 1981, Pub. L. 97–35, § 1183(b), 95 Stat. 696. Page 707 TITLE 49—TRANSPORTATION § 24706 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 24706(a)(2) .. 45:564(c)(4)(F)(i). 24706(b) ...... 45:564(c)(4)(F)(iii). 24706(c)(1) .. 45:565(a) (2d sen- tence). Oct. 30, 1970, Pub. L. 91–518, § 405(a) (1st, 2d sentences), 84 Stat. 1337; restated June 22, 1972, Pub. L. 92–316, § 7(a), 86 Stat. 230. 45:565(a) (last sen- tence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 405(a) (last sentence); added Apr. 7, 1986, Pub. L. 99–272, § 4016, 100 Stat. 110. 24706(c)(2) .. 45:565(a) (1st sen- tence). 45:565(b) (1st sen- tence). Oct. 30, 1970, Pub. L. 91–518, § 405(b) (1st–3d sentences), 84 Stat. 1337. 45:565(c) (1st sen- tence words be- fore 2d comma). Oct. 30, 1970, Pub. L. 91–518, § 405(c), 84 Stat. 1337; re- stated June 22, 1972, Pub. L. 92–316, § 7(c), 86 Stat. 230. 24706(c)(3) .. 45:565(b) (2d sen- tence). 24706(c)(4) .. 45:565(b) (3d sen- tence). 24706(c)(5) .. 45:565(c) (1st sen- tence words after 2d comma, last sentence). 24706(c)(6) .. 45:565(g). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 405(g); added Aug. 13, 1981, Pub. L. 97–35, § 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 ‘‘Am- trak 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 employ- ees’’ 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. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 117–58, § 22210(1), substituted ‘‘subsection (c), not later than 180 days’’ for ‘‘sub- section (b) of this section, at least 180 days’’. Subsecs. (b) to (e). Pub. L. 117–58, § 22210(2)–(4), added subsecs. (b) and (d) and redesignated former subsecs. (b) and (c) as (c) and (e), respectively. 2015—Subsec. (a)(1). Pub. L. 114–94, § 11316(n)(1)(A)(i), struck out ‘‘a discontinuance under section 24704 or or’’ after ‘‘before’’. Subsec. (a)(2). Pub. L. 114–94, § 11316(n)(1)(A)(ii), struck out ‘‘section 24704 or’’ after ‘‘under’’. Subsec. (b)(1). Pub. L. 114–94, § 11316(n)(1)(B), struck out ‘‘section 24704 or’’ after ‘‘under’’ in introductory provisions. 2008—Subsec. (c). Pub. L. 110–432 added subsec. (c). 1997—Subsec. (a)(1). Pub. L. 105–134, § 101(c)(1)–(3), sub- stituted ‘‘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, § 101(c)(4), which di- rected 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 re- flect the probable intent of Congress. Subsec. (b)(1). Pub. L. 105–134, § 101(c)(5), which di- rected 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 re- flect the probable intent of Congress. Subsec. (c). Pub. L. 105–134, § 142(a), struck out subsec. (c) which related to employee protective arrangements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 142(a) of Pub. L. 105–134 effec- tive 180 days after Dec. 2, 1997, see section 142(c) of Pub. L. 105–134, set out in an Employee Protection Reforms note below. DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to ‘‘this title’’ deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. EMPLOYEE PROTECTION REFORMS Pub. L. 105–134, title I, §§ 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 bene- fits which are applicable to employees of Amtrak, in- cluding 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 organiza- tion 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 re- sulting 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 Page 708 TITLE 49—TRANSPORTATION [§§ 24707, 24708 enactment of this Act, each select an individual from the entire roster of arbitrators maintained by the Na- tional 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 in- dividual from such roster to make recommendations with respect to such dispute under this subsection. If the National Mediation Board is not informed of the se- lection under the preceding sentence 134 days after the date of enactment of this Act, the Board shall imme- diately select such individual. ‘‘(2) No individual shall be selected under paragraph (1) who is pecuniarily or otherwise interested in any or- ganization 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 Rail- way Labor Act [45 U.S.C. 160] shall apply to the ex- penses 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 se- lected 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 trans- portation 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 con- tract entered into before the date of the enactment of this Act [Dec. 2, 1997] between Amtrak and a labor or- ganization representing Amtrak employees relating to employee protective arrangements and severance bene- fits 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 PROVI- SION.—Section 1172(c) of title 11, United States Code, shall not apply to Amtrak and its employees.’’ [§§ 24707, 24708. Repealed. Pub. L. 105–134, title I, § 101(d), (e), Dec. 2, 1997, 111 Stat. 2572] Section 24707, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 928, required annual route, financial, and perform- ance reviews. Section 24708, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 929, related to continuing, modifying, or dis- continuing passenger transportation routes. § 24709. International transportation Amtrak may develop and operate inter- national intercity rail passenger transportation between the United States and Canada and be- tween the United States and Mexico. The Sec- retary of Homeland Security, in cooperation with Amtrak, shall maintain, consistent with the effective enforcement of the immigration and customs laws, en route customs inspection and immigration procedures for international intercity rail passenger transportation that will— (1) be convenient for passengers; and (2) result in the quickest possible inter- national intercity rail passenger transpor- tation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 929; Pub. L. 114–94, div. A, title XI, § 11316(n)(2), Dec. 4, 2015, 129 Stat. 1679.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24709 .......... 45:545(e)(7) (less words between pa- rentheses). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(e)(7) (less words between paren- theses); added Nov. 3, 1973, Pub. L. 93–146, § 6, 87 Stat. 551. 45:545(i). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(i); added Oct. 28, 1974, Pub. L. 93–496, § 4, 88 Stat. 1527; re- stated May 26, 1975, Pub. L. 94–25, § 3, 89 Stat. 90; Sept. 29, 1979, Pub. L. 96–73, § 106, 93 Stat. 539; Aug. 13, 1981, Pub. L. 97–35, § 1176, 95 Stat. 692; Apr. 7, 1986, Pub. L. 99–272, § 13031(h)(1), 100 Stat. 310. In this section, before clause (1), the words ‘‘points within’’, ‘‘points in’’, and ‘‘including Montreal, Canada; Vancouver, Canada; and Nuevo Laredo, Mexico’’ in 45:545(e)(7) are omitted as surplus. The words ‘‘establish and’’ in 45:545(i) (1st sentence) are omitted as executed. The words ‘‘trains operated in’’ are omitted as surplus. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94 substituted ‘‘The Secretary of Homeland Security,’’ for ‘‘The Secretary of the Treas- ury and the Attorney General,’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. CROSS-BORDER PASSENGER RAIL SERVICE Pub. L. 110–432, div. B, title IV, § 406, Oct. 16, 2008, 122 Stat. 4958, provided that: ‘‘(a) PLAN.—Not later than 1 year after the date of the enactment of this Act [Oct. 16, 2008], Amtrak shall, in consultation with the Secretary [of Transportation], the Secretary of Homeland Security, the Washington State Department of Transportation, and the owners of the relevant railroad infrastructure— ‘‘(1) develop a strategic plan to facilitate expanded passenger rail service across the international border between the United States and Canada during the 2010 Olympic Games on the Amtrak passenger rail route between Vancouver, British Columbia, Canada, and Eugene, Oregon (commonly known as ‘Amtrak Cascades’); ‘‘(2) develop recommendations for the Department of Homeland Security to process efficiently rail pas- sengers traveling on Amtrak Cascades across such international border during the 2010 Olympic Games; and ‘‘(3) submit to Congress a report containing the strategic plan described in paragraph (1) and the rec- ommendations described in paragraph (2).