US (United States) Code. Title 49. Subtitle V: Rail programs. Chapter 247: Amtrak Route System

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation. Passenger

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-CITE-

49 USC CHAPTER 247 - AMTRAK ROUTE SYSTEM 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 247 - AMTRAK ROUTE SYSTEM

-HEAD-

CHAPTER 247 - AMTRAK ROUTE SYSTEM

-MISC1-

Sec.

24701. National rail passenger transportation system.

[24702 to 24705. Repealed.]

24706. Discontinuance.

[24707, 24708. Repealed.]

24709. International transportation.

AMENDMENTS

1997 - Pub. L. 105-134, title I, Secs. 101(a)(2), (b), (d), (e),

103-105(a), Dec. 2, 1997, 111 Stat. 2572, 2573, substituted

"National rail passenger transportation system" for "Operation of

basic system" in item 24701 and struck out item 24702 "Improving

rail passenger transportation", item 24703 "Route and service

criteria", item 24704 "Transportation requested by States,

authorities, and other persons", item 24705 "Additional qualifying

routes", item 24707 "Cost and performance review", and item 24708

"Special commuter transportation".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 24104, 24902 of this

title.

-End-

-CITE-

49 USC Sec. 24701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 247 - AMTRAK ROUTE SYSTEM

-HEAD-

Sec. 24701. National rail passenger transportation system

-STATUTE-

Amtrak shall operate a national rail passenger transportation

system which ties together existing and emergent regional rail

passenger service and other intermodal passenger service.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 923; Pub. L.

105-134, title I, Sec. 101(a)(1), Dec. 2, 1997, 111 Stat. 2572.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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24701(a) 45:561(b). Oct. 30, 1970, Pub. L.

91-518, Sec. 401(b), 84

Stat. 1335.

24701(b) 45:561(c). Oct. 30, 1970, Pub. L.

91-518, Sec. 401(c), 84

Stat. 1335; Nov. 3, 1973,

Pub. L. 93-146, Sec. 9, 87

Stat. 551.

--------------------------------------------------------------------

In subsection (a), before clause (1), the text of 45:561(b) (1st

sentence words after 3d comma) is omitted as obsolete because no

regional transportation authority provided intercity rail passenger

transportation after May 1, 1971. The words "On May 1, 1971" and

"begin" are omitted as executed. The words "between points" and

"either" are omitted as surplus. In clause (2), the words "under

contract with Amtrak" are substituted for 45:561(b) (last sentence)

for clarity and to eliminate unnecessary words. The words "at any

time subsequent to May 1, 1971" are omitted as executed.

In subsection (b), the words "concerning auto-ferry service . . .

railroad or any other" are omitted as surplus.

AMENDMENTS

1997 - Pub. L. 105-134 substituted section catchline for former

catchline which read "Operation of basic system" and amended text

generally. Prior to amendment, text read as follows:

"(a) By Amtrak. - Amtrak shall provide intercity rail passenger

transportation within the basic system unless the transportation is

provided by -

"(1) a rail carrier with which Amtrak did not make a contract

under section 401(a) of the Rail Passenger Service Act; or

"(2) a regional transportation authority under contract with

Amtrak.

"(b) By Others With Consent of Amtrak. - Except as provided in

section 24306 of this title, a person may provide intercity rail

passenger transportation over a route over which Amtrak provides

scheduled intercity rail passenger transportation under a contract

under section 401(a) of the Act only with the consent of Amtrak."

-End-

-CITE-

49 USC Secs. 24702 to 24705 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 247 - AMTRAK ROUTE SYSTEM

-HEAD-

[Secs. 24702 to 24705. Repealed. Pub. L. 105-134, title I, Secs.

101(b), 103-105(a), Dec. 2, 1997, 111 Stat. 2572, 2573]

-MISC1-

Section 24702, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 923; Pub. L. 104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat.

3393, related to carrying out plan to improve intercity rail

passenger service.

Section 24703, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 924, provided route and service criteria for modifying or

discontinuing routes.

Section 24704, Pub. L. 103-272, Sec. 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 decision.

Section 24705, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 926; Pub. L. 104-88, title III, Sec. 308(i), Dec. 29, 1995,

109 Stat. 947, related to providing service on routes recommended

to be discontinued, criteria for deferring Secretary's

recommendation, and providing short haul demonstration routes.

-End-

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49 USC Sec. 24706 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 247 - AMTRAK ROUTE SYSTEM

-HEAD-

Sec. 24706. Discontinuance

-STATUTE-

(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.

(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.

-SOURCE-

(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.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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24706(a)(1) 45:564(c)(4)(F)(ii). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

404(c)(4)(F); added Sept.

29, 1979, 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 Oct. 30, 1970, Pub. L.

sentence). 91-518, Sec. 405(a) (1st, 2d

sentences), 84 Stat. 1337;

restated June 22, 1972, Pub.

L. 92-316, Sec. 7(a), 86

Stat. 230.

45:565(a) (last Oct. 30, 1970, Pub. L.

sentence). 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 Oct. 30, 1970, Pub. L.

sentence). 91-518, Sec. 405(b) (1st-3d

sentences), 84 Stat. 1337.

45:565(c) (1st Oct. 30, 1970, Pub. L.

sentence words 91-518, Sec. 405(c), 84

before 2d comma). Stat. 1337; restated June

22, 1972, Pub. L. 92-316,

Sec. 7(c), 86 Stat. 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. 30, 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.

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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.

-REFTEXT-

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.

-MISC2-

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original.

-End-

-CITE-

49 USC Secs. 24707, 24708 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 247 - AMTRAK ROUTE SYSTEM

-HEAD-

[Secs. 24707, 24708. Repealed. Pub. L. 105-134, title I, Sec.

101(d), (e), Dec. 2, 1997, 111 Stat. 2572]

-MISC1-

Section 24707, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 928, required annual route, financial, and performance

reviews.

Section 24708, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 929, related to continuing, modifying, or discontinuing

passenger transportation routes.

-End-

-CITE-

49 USC Sec. 24709 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 247 - AMTRAK ROUTE SYSTEM

-HEAD-

Sec. 24709. International transportation

-STATUTE-

Amtrak may develop and operate international intercity rail

passenger transportation between the United States and Canada and

between the United States and Mexico. The Secretary of the Treasury

and the Attorney General, 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 international intercity

rail passenger transportation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 929.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24709 45:545(e)(7) (less Oct. 30, 1970, Pub. L.

words between 91-518, 84 Stat. 1327, Sec.

parentheses). 305(e)(7) (less words

between parentheses); added

Nov. 3, 1973, Pub. L.

93-146, Sec. 6, 87 Stat. 551.

45:545(i). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

305(i); added Oct. 28, 1974,

Pub. L. 93-496, Sec. 4, 88

Stat. 1527; restated May 26,

1975, Pub. L. 94-25, Sec. 3,

89 Stat. 90; Sept. 29, 1979,

Pub. L. 96-73, Sec. 106, 93

Stat. 539; Aug. 13, 1981,

Pub. L. 97-35, Sec. 1176, 95

Stat. 692; Apr. 7, 1986,

Pub. L. 99-272, Sec.

13031(h)(1), 100 Stat. 310.

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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.

-End-