§24706 Discontinuance

2021—Subsec. (a). Pub. L. 117–58, § 22210(1), substituted “subsection (c), not later than 180 days” for “subsection (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), 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, § 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, § 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, § 142(a), struck out subsec. (c) which related to employee protective arrangements.

of 2015 AmendmentAmendment 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.

of 1997 AmendmentAmendment 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. Deemed References to Chapters 509 and 511 of Title 51General 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 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

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

.—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.”