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Page:United States Statutes at Large Volume 95.djvu/700

 95 STAT. 674

PUBLIC LAW 97-35—AUG. 13, 1981 "(d) BOARD OF DIRECTORS.—(1) The Board of Directors of the

Association shall consist of five individuals, as follows: "(A) The Chairman, who shall be the individual serving as Chairman on the effective date of this subsection, until the expiration of his term of office or his resignation, or his replacement, who shall be selected by the outgoing Chairman and the other members of the Board. "(B) The Secretary of Transportation. "(C) The Comptroller General of the United States. "(D) The Chairman of the Commission. "(E) The Chairman of the Board of Directors of the Corporation. "(2) The Chairman may not have any employment or other direct financial relationship with any railroad. The Chairman shall receive $300 per diem when engaged in the actual performance of his duties plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. (e) TERM OF OFFICE.—The term of office of the Chairman of the Board of Directors of the Association shall expire on December 31, 1983. The Chairman may be reappointed and the term of the Chairman shall be 3 years. "(f) QUORUM.—Three members of the Board of Directors, or their representatives, shall constitute a quorum for the transaction of any function of the Association. "(g) The Board of Directors shall, on the effective date of this subsection, assume the functions previously performed by the Finance Committee. "(h) The members of the Board of Directors may send representatives to meetings of such Board, and such representatives may exercise full powers of the members.". FUNCTIONS OF U S R A

45 USC 726. Ante, p. 653.

SEC. 1148. (a) Section 202 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 712) is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following new subsection: "(a) GENERAL.—The Association is authorized to— "(1) monitor the financial performance of the Corporation; "(2) review whether the goals and requirements of this Act are met; "(3) purchase or otherwise acquire or receive, and hold and dispose of securities (whether debt or equity) of the Corporation under sections 216 and 217 of this Act and exercise all of the rights, privileges, and powers of a holder of any such securities; "(4) purchase accounts receivable of the Corporation in accordance with section 217 of this Act; and "(5) appoint and fix the compensation of such personnel as the Association considers necessary and appropriate."; and (2) by redesignating subsections (c) through (j) as subsections (b) through (i), respectively. (b) The section heading of section 202 of the Regional Rail Reorganization Act of 1973 is amended by striking out "GENERAL POWERS AND DUTIES" and inserting in lieu thereof "FUNCTIONS". (c) The item relating to section 202 in the table of contents of the Regional Rail Reorganization Act of 1973 is amended to read as follows: "Sec. 202. Functions of the Association.".

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 675

ACCESS TO INFORMATION

SEC. 1149. Section 203 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 713) is amended to read as follows: "ACCESS TO INFORMATION

"SEC. 203. The Corporation shall make available to the Association such information as the Association determines necessary for the Association to carry out its functions under this Act. The Association shall request from other parties which are affected by this Act information which will enable the Association to fulfill its functions under this Act.", UNITED STATES RAILWAY ASSOCIATION REPORTS

SEC. 1150. (a) Title II of the Regional Rail Reorganization Act of 1973, as amended by this subtitle, is amended further by adding at Ante, p. 652. the end thereof the following new sections: " UNITED STATES R A I L W A Y ASSOCIATION REPORTS

218. (a) PROGRESS AND EVALUATION.—(1) The Association 45 USC 728. shall prepare and submit to Congress periodic reports on the progress of the Secretary in carrying out the provisions of titles II, III, and IV of this Act 45 USC 711, "(2) Reports submitted under paragraph (1) of this subsection shall 741. also include an evaluation of the performance of the Corporation in Ante, p. 654. order to keep the Congress informed as to matters which may affect the quality of rail service in the Northeast and which may affect the security of Federal funds invested in the Corporation. "(b) TRANSFER AGREEMENTS.—(1) The Association shall prepare and submit to Congress a final report on the transfer agreements which the Secretary is required to transmit to Congress under section 407 of the Regional Rail Reorganization Act of 1973. Such report shall Ante, p. 658. be submitted on the same date as the Secretary's transmittal of such agreements to Congress. "(2) The report submitted under paragraph (1) of this subsection shall include an evaluation of the effect of the transfer agreements on rail service in the Northeast, railroad employees, the economy of the Region, other railroads in the Northeast and elsewhere, and any other matter which the Association considers appropriate. Such report shall also include recommendations with respect to approval, disapproval, or modification of the transfer agreements. "SEC.

"ADVISORY BOARD

"SEC. 219. Members of the Board of Directors of the Association 45 USC 729. serving on the day before the effective date of the Northeast Rail Service Act of 1981, shall serve as an Advisory Board to the Associ- Ante, p. 643. ation. A member of the Advisory Board who is not otherwise an employee of the Federal Government shall receive reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. The Chairman of the Association shall serve as Chairman of the Advisory Board. Any vacancy on the Advisory Board shall be filled by the Association with a representative from the group which had a representative in the vacant position.".

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 95.djvu/702

 95 STAT. 676

PUBLIC LAW 97-35—AUG. 13, 1981 (b) The table of contents of the Regional Rail Reorganization Act of 1973, as amended by section 1140(b) of this subtitle, is amended further by inserting immediately after the item relating to section 217 the following new items: "Sec. 218. United States Railway Association reports. "Sec. 219. Advisory Board.". USRA AUTHORIZATION

94 Stat. 1965.

SEC. 1151. Section 214(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 724(c)) is amended to read as follows: "(c) ASSOCIATION.—There are authorized to be appropriated to the Association for purposes of carrying out its administrative expenses under this Act not to exceed $13,000,000 for the fiscal year ending September 30, 1982, and not to exceed $4,000,000 for the fiscal year ending September 30, 1983. Sums appropriated under this subsection are authorized to remain available until expended.". PART 6—MISCELLANEOUS PROVISIONS JUDICIAL REVIEW

45 USC 1105.

SEC. 1152. (a) Notwithstanding any other provision of law, the special court shall have original and exclusive jurisdiction over any civil action— (1) for injunctive, declaratory, or other relief relating to the enforcement, operation, execution, or interpretation of any provision of or amendment made by this subtitle, or administrative action taken thereunder to the extent such action is subject to judicial review; (2) challenging the constitutionality of any provision of or amendment made by this subtitle; (3) to obtain, inspect, copy, or review any document in the possession or control of the Secretary, Conrail, the United States Railway Association, or Amtrak that would be discoverable in litigation under any provision of or amendment made by this subtitle; or (4) seeking judgment upon any claim against the United States founded upon the Constitution and resulting from the operation of any provision of or amendment made by this subtitle. (b) A judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of any provision of this subtitle shall be reviewable by direct appeal to the Supreme Court of the United States. Such review is exclusive and any petition or appeal shall be filed not more than 20 days after entry of such order or judgment. (c) Administrative action under the provisions of or amendments made by this subtitle which is subject to review shall be upheld unless such action is found to be unlawful under standards established for review of informal agency action under paragraphs (2)(A), (B), (C), and (D) of section 706, title 5, United States Code. The requirements of this subtitle shall constitute the exclusive procedures required by law for such administrative action. (d) If the volume of civil actions under subsection (a) of this section so requires, the United States Railway Association shall apply to the

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Page:United States Statutes at Large Volume 95.djvu/703

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 677

judicial panel on multi-district litigation authorized by section 1407 of title 28, United States Code, for the assignment of additional judges to the special court. Within 30 days after the date of such application, the panel shall assign to the special court such additional judges as may be necessary to exercise the jurisdiction described in subsection (a) of this section. TRANSFER TAXES AND FEES; RECORDATION

SEC. 1153. (a)(1) AH transfers or conveyances of any interest in rail 45 USC 1106. property (whether real, personal, or mixed) which are made under any provision of or amendment made by this subtitle shall be exempt from any taxes, imposts, or levies now or hereby imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, easements, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumberances, easements, or other instruments, and to record the release or removal of any preexisting liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed. (2) This section shall not apply to Federal income tax laws. (b) Transfer of designated real property (including any interest in real property) authorized by the amendments made by part 2 of this subtitle shall have the same effect for purposes of rights and priorities with respect to such property as recordation on the transfer date of appropriate deeds, or other appropriate instruments, in offices appointed under State law for such recordation, except that acquiring rail carriers and other entities shall proffer such deeds or other instruments for recordation within 36 months after the transfer date as a condition of preserving such rights and priorities beyond the expiration of that period. Conrail shall cooperate in effecting the timely preparation, execution, and proffering for recordation of such deeds and other instruments. SATISFACTION OF CLAIMS

SEC. 1154. No distribution of the assets of Conrail shall be made 45 USC 1107. with respect to any claims of the United States, including the securities issued pursuant to section 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 726), until all other valid claims, including loss, damage, overcharge claims, and lease claims, against Conrail have been satisfied, or provision has been made for satisfying such claims. EXPEDITED SUPPLEMENTAL TRANSACTIONS

SEC. 1155. (a) Section 305(f) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 745(f)) is amended— (1) by striking out paragraph (2) and inserting in lieu thereof the following: "(2)(A) Within 10 days after the effective date of the Northeast Rail Service Act of 1981, the Secretary shall initiate discussions and -Ante, p. 643. negotiations for the transfer of some or all of the Corporation's rail

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Page:United States Statutes at Large Volume 95.djvu/704

 95 STAT. 678

Ante, p. 643.

45 USC 745. 45 USC 771. Ante, p. 661. "Employee deprived of

PUBLIC LAW 9 7 - 3 5 - A U G. 13, 1981 properties and freight service obligations in the States of Connecticut and Rhode Island to one or more parties under a plan which provides for continued rail freight service on all lines operated by the Corporation on the effective date of the Northeast Rail Service Act of 1981 for at least four years. "(B) Within 120 days after the effective date of the Northeast Rail Service Act of 1981, the Secretary shall petition the special court for an order to transfer all of the Corporation's rail properties and freight service obligations in the States of Connecticut and Rhode Island to one or more railroads in the Region— "(i) which have under subparagraph (A) of this paragraph completed negotiations and submitted to the Secretary a proposal to assume all of the freight operations and freight service obligations of the Corporation in such States on a financially selfsustaining basis for a period of at least four years; or "(ii) which have developed a proposal to assume all of the freight operations and freight service obligations of the Corporation in such States under an agreement by and between the Corporation and such railroad or railroads; or "(iii) which have, prior to May 1, 1981, submitted a proposal to the Secretary for such a transfer. For the purpose of this section, an order to transfer may include the Corporation if the Corporation agrees to maintain service over lines retained by the Corporation for four years. "(C) To permit efficient and effective rail operations consistent with the public interest, as a part of any transfer under paragraph (2)(B) of this subsection, the Secretary shall promote the transfer of additional non-mainline Corporation properties in adjoining States that connect with properties that are the subject of such transfer. "(D) The special court shall determine a fair and equitable price for the rail properties to be transferred under this subsection, and shall, unless the parties otherwise agree, establish divisions of joint rates for through routes over such properties which are fair and equitable to the parties. The special court shall establish a method to ensure that such divisions are promptly paid. "(E) Notwithstanding any other provision of law or agreement in effect on May 1, 1981, the special court shall require that the railroad or railroads to which properties are to be transferred under this subsection assume all charges payable by the Corporation to Amtrak for the carriage of property by rail over those portions of the Northeast Corridor in Connecticut and Rhode Island. If the Corporation operates any rail freight service over those portions of the Northeast Corridor in Connecticut and Rhode Island after the date of such transfer, the Corporation shall pay Amtrak any compensation that may be separately agreed upon by the Corporation and Amtrak, and the railroad or railroads to which properties are transferred under this subsection shall not be obligated to pay any compensation owed by the Corporation to Amtrak for such post-transfer operations by the Corporation."; and (2) by striking out paragraph (4) and inserting in lieu thereof the following new paragraph: "(4)(A) Any employee who was protected by the compensatory provisions of title V of this Act immediately prior to the effective date of the Northeast Rail Service Act of 1981, and who is deprived of employment as a result of the transfer of rail properties under this subsection shall be eligible for benefits under section 701 of this Act. "(B) As used in this paragraph, 'employee deprived of employment' means any employee who is unable to secure employment through

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 679

the normal exercise of seniority rights, but does not include any employee who refuses an offer of employment with a railroad acquiring properties under this subsection.". (b) Section 305(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 745(d)) is amended by striking out paragraph (7). (c) Section 305 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 745), as amended by this section, is further amended by adding after subsection (f) the following new subsection: "(g)(1) Within 20 days after the effective date of the Northeast Rail Service Act of 1981, the Secretary shall initiate discussions and Ante, p. 643. negotiations for the expedited transfer of all properties and freight service obligations of the Corporation with respect to the following lines: Canaan, Connecticut, to Pittsfield, Massachusetts; North Adams Junction, Massachusetts, to North Adams, Massachusetts; Hazardville, Connecticut, to Springfield, Massachusetts; Westfield, Massachusetts, to Easthampton, Massachusetts; Westfield, Meissachusetts, to Holyoke, Massachusetts. "(2) Within 120 days after the effective date of the Northeast Rail Service Act of 1981, the Secretary shall transfer, provided a qualified purchaser offers to purchase, the Corporation's properties and freight service obligations described in paragraph (1) of this subsection to another railroad or railroads in the Region which are determined by the Secretary to be qualified. A qualified purchaser is defined as a railroad financially self-sustaining which guarantees continuous service for at least four years. "(3) The Secretary shall determine a fair and equitable price for the rail properties to be transferred under this subsection, and shall, unless the parties otherwise agree, establish divisions of joint rates for through routes over such properties which are fair and equitable to the parties. "(4) The Secretary shall determine fair and equitable terms for the provision of such trackage rights, on segments of the Corporation's lines not to exceed 5 miles per line transferred, to acquiring carriers as may be necessary to operate such transferred lines in an efficient manner.". ABANDONMENTS

SEC. 1156. (a) Title III of the Regional Rail Reorganization Act of 1973 is amended by adding at the end thereof the following new section: "ABANDONMENTS

"SEC. 308. (a) GENERAL.—The Corporation may, in accordance with 45 USC 748. this section, file with the Commission an application for a certificate of abandonment for any line which is part of the system of the Corporation. Any such application shall be governed by this section and shall not, except as specifically provided in this section, be subject to the provisions of chapter 109 of title 49, United States Code. "(b) APPLICATIONS FOR ABANDONMENT.—Any application for abandonment that is filed by the Corporation under this section before December 1, 1981, shall be granted by the Commission within 90 days after the date such application is filed unless, within such 90-day period, an offer of financial assistance is made in accordance with subsection (d) of this section with respect to the line to be abandoned. "(c) NOTICE OF INSUFFICIENT REVENUES.—(1) The Corporation may, prior to November 1, 1983, file with the Commission a notice of insufficient revenues for any line which is part of the system of the Corporation.

-194 O—82

45:QL3

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Page:United States Statutes at Large Volume 95.djvu/706

 95 STAT. 680

Publication in R^fffJt^r Register.

45 USC 771. Ante, p. 643.

PUBLIC LAW 97-35—AUG. 13, 1981 "(2) At any time after the 90-day period beginning with the filing of a notice of insufficient revenues for a line, the Corporation may file an application for abandonment for such line. An application for abandonment that is filed by the Corporation under this subsection for a line for which a notice of insufficient revenues was filed under paragraph (1) shall be granted by the Commission within 90 days after the date such application is filed unless, within such 90-day period, an offer of financial assistance is made in accordance with subsection (d) of this section with respect to such line. "(d) OFFERS OF FINANCIAL ASSISTANCE.—(1) The provisions of section 10905(d)-(f) of title 49, United States Code (including the timing requirements of subsection (d) thereof), shall apply to any offer of financial assistance under subsection (b) or (c) of this section. "(2) The Corporation shall provide any person that intends to make an offer of financial assistance under subsection (b) or (c) of this section with such information as the Commission may require. "(e) LIQUIDATION.—(1) If any application for abandonment is granted under subsection (b) of this section, the Commission shall, as soon as practicable, appraise the net liquidation value of the line to be abandoned, and shall publish notice of such appraisal in the Federal Register. "(2) Appraisals made under paragraph (1) shall not be appealable. "(3)(A) If, within 120 days after the date on which an appraisal is published in the Federal Register under paragraph (1), the Corporation receives a bona fide offer for the sale, for 75 percent of the amount at which the liquidation value of such line was appraised by the Commission, of the line to be abandoned, the Corporation shall sell such line and the Commission shall, unless the parties otherwise agree, establish an equitable division of joint rates for through routes over such lines. "(B) If the Corporation receives no bona fide offer under subparagraph (A), within such 120-day period, the Corporation may abandon or dispose of the line as it chooses, except that the Corporation may not dismantle bridges, or other structures (not including rail, signals, and other rail facilities) for 120 days thereafter. The Secretary may require that bridges or other structures (not including rail, signals, and other rail facilities), not be dismantled for an additional 8 months if he assumes all liability of any sort related to such property. "(4) If the purchaser under paragraph (3)(A) of this subsection of any line of the Corporation abandons such line within five years after such purchase, the proceeds of any track liquidations shall be paid into the general fund of the Treasury of the United States. "(f) EMPLOYEE PROTECTION.—The provisions of section 10903(b)(2) of title 49, United States Code, shall not apply to any abandonment granted under this section. Any employee who was protected by the compensatory provisions of title V of this Act immediately prior to the effective date of the Northeast Rail Service Act of 1981, who is deprived of employment by such an abandonment shall be eligible for employee protection under section 701 of this Act.". (b) The table of contents of the Regional Rail Reorganization Act of 1973, as amended by this subtitle, is further amended by inserting immediately after the item relating to section 307 the following new item: "Sec. 308. Abandonments."

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Page:United States Statutes at Large Volume 95.djvu/707

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 681

AMENDMENT TO THE RAILWAY LABOR ACT

SEC. 1157. The Railway Labor Act is amended by inserting immediately after section 9 the following new section: "SPECIAL PROCEDURE FOR COMMUTER SERVICE

"SEC. 9A. (a) Except as provided in section 510(h) of the Rail 45 USC I59a. Passenger Service Act, the provisions of this section shall apply to any Ante, p. 671. dispute subject to this Act between a publicly funded and publicly operated carrier providing rail commuter service (including the Amtrak Commuter Services Corporation) and its employees. "(b) If a dispute between the parties described in subsection (a) is not adjusted under the foregoing provisions of this Act and the President does not, under section 10 of this Act, create an emergency 45 USC 160. board to investigate and report on such dispute, then any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish such an emergency board. "(c)(1) Upon the request of a party or a Governor under subsection (b), the President shall create an emergency board to investigate and report on the dispute in accordance with section 10 of this Act. For purposes of this subsection, the period during which no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose shall be 120 days from the date of the creation of such emergency board. "(2) If the President, in his discretion, creates a board to investigate and report on a dispute between the parties described in subsection (A), the provisions of this section shall apply to the same extent as if such board had been created pursuant to paragraph (1) of this subsection. "(d) Within 60 days after the creation of an emergency board under this section, if there has been no settlement between the parties, the National Mediation Board shall conduct a public hearing on the dispute at which each party shall appear and provide testimony setting forth the reasons it has not accepted the recommendations of the emergency board for settlement of the dispute. "(e) If no settlement in the dispute is reached at the end of the 120day period beginning on the date of the creation of the emergency board, any party to the dispute or the Governor of any State through which the service that is the subject of the dispute is operated may request the President to establish another emergency board, in which case the President shall establish such emergency board. "(f) Within 30 days after creation of a board under subsection (e), the parties to the dispute shall submit to the board final offers for settlement of the dispute. "(g) Within 30 days after the submission of final offers under subsection (f), the emergency board shall submit a report to the President setting forth its selection of the most reasonable offer. "(h) From the time a request to establish a board is made under subsection (e) until 60 days after such board makes its report under subsection (g), no change, except by agreement, shall be made by the parties in the conditions out of which the dispute arose. "(i) If the emergency board selects the final offer submitted by the carrier and, after the expiration of the 60-day period described in subsection (h), the employees of such carrier engage in any work stoppage arising out of the dispute, such employees shall not be

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Page:United States Statutes at Large Volume 95.djvu/708

 95 STAT. 682

PUBLIC LAW 97-35—AUG. 13, 1981 eligible during the period of such work stoppage for benefits under the Railroad Unemployment Insurance Act. "(j) If the emergency boeird selects the final offer submitted by the employees and, after the expiration of the 60-day period described in subsection (h), the carrier refuses to accept the final offer submitted by the employees and the employees of such carrier engage in any work stoppage arising out of the dispute, the carrier shall not participate in any benefits of any agreement between carriers which is designed to provide benefits to such carriers during a work stoppage.". CONCERTED ECONOMIC ACTION

45 USC 1108.

45 USC 151.

SEC. 1158. (a) Any person engaging in concerted economic action over disputes with Amtrak Commuter or any commuter authority shall not be entitled to engage in any strike against, or otherwise to induce any employee of, Conrail, where an effect thereof is to interfere with rail freight service provided by Conrail. (b) Any person engaging in concerted economic action over disputes arising out of freight operations provided by Conrail shall not be entitled to engage in any strike against, or otherwise to induce any employee of, Amtrak Commuter or any commuter authority, where an effect thereof is to interfere with rail passenger service. (c) Any concerted action in violation of this section shall be deemed to be a violation of the Railway Labor Act. CONSTRUCTION AND EFFECT OF CERTAIN PROVISIONS

45 USC 1109.

49 USC 10701 et seq.

SEC. 1159. Any cost reductions resulting from the provisions of or the amendments made by this subtitle shall not be used to limit the maximum level of any rate charged by Conrail for the provision of rail service, to limit the amount of any increase in any such rate (including rates maintained jointly by Conrail and other rail carriers), or to limit a surcharge or cancellation otherwise lawful under chapter 107 of title 49, United States Code. LABOR AUTHORIZATION

45 USC 771 note.

45 USC 771.

SEC. 1160. There are authorized to be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 1982, not to exceed $25,000,000 for the payment of allowances, expenses, and costs that protected employees are entitled to receive under any provision of title V of the Regional Rail Reorganization Act of 1973 as in effect on the day before the effective date of this subtitle. UGHT DENSITY RAIL SERVICE

45 USC 1110.

Ante, p. 679.

SEC. 1161. (a) At any time after the effective date of this subsection, the Secretary may enter negotiations for the transfer of— (1) any rail lines of Conrail which are the subject of an abandonment proceeding pending before the Commission other than an abandonment proceeding subject to section 308 of the Regional Rail Reorganization Act of 1973; and (2) any rail lines of Conrail which are designated in Category I under Commission regulation. The Secretary may transfer any such lines in accordance with the terms of an agreement entered into by the Secretary under this subsection. (b)(1) All reasonable expenses which are incurred in negotiations for the purchase of rail properties by a railroad which subsequently

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Page:United States Statutes at Large Volume 95.djvu/709

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 683

purchases such properties in accordance with the provisions of this section shall be credited against the total purchase price for such properties if such purchaser entered into such negotiations in good faith within six months after the effective date of this section. (2) Expenses for labor protection, for a maximum of a twelve-month period, incurred by a purchaser of rail properties in accordance with the provisions of this section as a result of protective conditions imposed pursuant to section 412 of the Regional Rail Reorganization Act of 1973 shall be credited against the total purchase price for such Ante, p. 673. properties if such purchaser entered into such negotiations in good faith within six months after the effective date of this section. (c) As a part of each transfer negotiation authorized and directed by section 405 of the Regional Rail Reorganization Act of 1973, the Ante, p. 657. Secretary shall promote the inclusion of those additional Conrail lines that connect with, and only with, the line or lines that are the subject of particular transfer negotiations (hereinafter in this section referred to as "associated branch lines"), and which are financially val. (d) In the event that a transfer agreement granted final approval by the Secretary under section 1142 of this subtitle does not provide for the continuation of rail service on an associated branch line, or other Conrail line not designated for transfer, that an affected State, shipper, or connecting railroad (other than a Class I or II railroad) concludes is essential, that State, shipper, or connecting railroad, or any combination of such States, shippers, or railroads, may immediately enter negotiations with the Secretary for the transfer of identified associated branch lines or other Conrail line not designated for transfer without rail-common carrier status under the requirements of subtitle IV of title 49, United States Code, to an entity 49 USC 10101 et designated by the State, shipper, railroad, or combination thereof, for seq. continued operation free of the common carrier obligations and other requirements, except those provided for in subsection (f), of subtitle IV of title 49, United States Code. Conrail shall convey an associated branch line or other Conrail line not designated for transfer in accordance with the terms of an agreement entered into by the Secretary under this subsection. (e) The Secretary may transfer lines in accordance with the provisions of this section for nominal consideration, if justified by the public benefit associated with continued rail service. (f) The Commission shall establish fair and equitable divisions of revenues on joint rates until a final order is issued. REHABILITATION AND IMPROVEMENT FINANCING

SEC. 1162. (a) Section 505(b)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended— (1) in the third sentence, by striking "When making" and all that follows through "available for railroad financing, and" and inserting in lieu thereof the following: "When making such a determination, the Secretary shall evaluate and consider in the following order of priority (A) the availability of funds from other sources at a cost which is reasonable under principles of prudent railroad financial management in light of the railroad's projected rate of return for the project to be financed and the railroad's rate of return on total capital (represented by the ratio which such carrier's net income, including interest on a longterm debt, bore to the sum of average shareholder's equity, longterm debt, and accumulated deferred income tax for fiscal year

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Page:United States Statutes at Large Volume 95.djvu/710

 95 STAT. 684

Ante, p. 643.

PUBLIC LAW 97-35—AUG. 13, 1981 1975) as determined in accordance with the uniform system of accounts promulgated by the Commission, (B) the interest of the public in supplementing such other funds as may be available in order to increase the total amount of funds available for railroad financing, and"; and (2) by adding at the end thereof the following: "The Secretary shall assign the highest priorities to those meritorious applications of carriers operating under section 77 of the Bankruptcy Act unable to generate such funds in the private sector and to those meritorious applications for funds to provide for the restructuring of rail freight facilities and systems which handle more than two million rail cars annually, which are located in more than one State, and which are separated by the Mississippi River.". (b) Section 501(8) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821(8)) is amended to read as follows: "(8) 'restructuring' means (A) any activity (including a consolidation, coordination, merger or abandonment) which (i) involves rehabilitation, or improvement of a facility or the transfer of a facility, and (ii) improves the long-term profitability of any railroad freight system through the achievement of higher average traffic densities or improved asset utilization; or (B) the transfer from the Corporation to any railroad or financially responsible person (as defined in section 10910(a)(1) of title 49, United States Code) for common carrier rail service of ownership or operating rights on any rail line owned or operated by the Corporation where the Secretary determines that such acquisition will provide needed transportation benefits, and that such line will not require further Federal subsidy;". (c) Section 505(a)(l) of the Rgiilroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(a)(l)) is amended by inserting immediately after "railroad" the following: "(or any financially responsible person, as defined in section 10910(a)(1) of title 49, United States Code, who acquires from the Corporation for common carrier rail service any rail line owned by the Corporation on the effective date of the Northeast Rail Service Act of 1981)". (d) Section 505(b)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended by amending clause (C) to read as follows: "(C) the public benefits, including any significant railroad restructuring, to be realized from the project to be financed in relation to the public costs of such financing and whether the proposed project will return public benefits sufficient to justify such public costs or, where the application relates to a rail line owned or operated by the Corporation immediately prior to its acquisition by a railroad or financially responsible person (as defined in section 10910(a)(1) of title 49, United States Code) for common carrier rail service, whether the financial assistance applied for under this section will further the public interest in transferring rail lines from the Corporation to the private sector, and avoid the need for any further Federal subsidy.". (e) Section 509(b) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 829(b)) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: "(3) Not more than 50 percent of the funds received by the Secretary from amounts appropriated under subsection (a) of this section shall be reserved to provide rehabilitation and improvement

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assistance for facilities transferred from the Corporation after the effective date of the Northeast Rail Service Act of 1981.". ^«'^' P 643. (f) Section 509(b)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976, as redesignated by subsection (e) of this section, is 45 USC 829. amended by striking "and (2)" and inserting in lieu thereof ", (2) and (3)". NORTHEAST CORRIDOR COST DISPUTE

SEC. 1163. (a)(1) Within 120 days after the effective date of this subtitle, the Commission shall determine an appropriate costing methodology for compensation to Amtrak for the right-of-way related costs for the operation of commuter rail passenger service over the Northeast Corridor and other properties owned by Amtrak, unless Conrail, Amtrak, and affected commuter authorities have otherwise agreed on such a methodology by that date. In making its determination, the Commission shall consider all relevant factors, including the standards of sections 205(d) and 304(c) of the Regional Rail Reorganization Act of 1973, section 701(a)(6) of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 402(a) of the Rail Passenger Service Act. (2) Within 120 days after the effective date of this subtitle, the Commission shall determine a fair and equitable costing methodology for compensation to Amtrak by Conrail for the right-of-way related costs for the operation of rail freight service over the Northeast Corridor, unless Conrail and Amtrak have otherwise agreed on such a methodology by that date. In making its determination, the Commission shall take into consideration the industry-wide average compensation for freight trackage rights and any additional costs associated with high-speed service provided over the Northeast Corridor. (b) Any determination by the Commission under this section shall be effective on the date of such determination, and any agreement of the parties under this section shall be effective on the date specified in such agreement. Any such determination or agreement shall not apply to any compensation paid to Amtrak prior to the date of such determination or the date so specified, as the case may be, for the right-of-way related costs described in subsection (a) of this section. (c) Nothing in this section shall preclude parties from entering into an agreement, after the determination of the Commission or their initial agreement under this section, with respect to the right-of-way related costs described in subsection (a) of this section. (d) Any determination by the Commission under this section shall be final and shall not be reviewable in any court.

45 USC n i l.

45 USC 715, 744. 45 USC 851. 45 USC 562.

COMMISSION P R O C E E D I N G S

SEC. 1164. (a) Notwithstanding any other provision of subtitle IV of 45 USC 1112. title 49, United States Code, in any proceeding before the Commission under section 11344 or 11345 of such subtitle involving a railroad in the Region, as defined in section 102 of the Regional Rail Reorganization Act of 1973, which was in a bankruptcy proceeding under section 45 USC 702. 77 of the Bankruptcy Act on November 4, 1979, the Commission shall, with or without a hearing, issue a final decision within a period not to exceed 180 days after receipt of an application under either such section. (b) Notwithstanding any other provision of subtitle IV of title 49, United States Code, in any proceeding before the Commission under 49 USC lOioi et seq.

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section 11344 or 11345 of such subtitle involving a profitable railroad in the Region, as defined in section 102 of the Regional Rail Reorgani45 USC 702,721. zation Act of 1973, which received a loan under section 211(a) of such Act, the Commission shall, with or without a hearing, issue a final decision within a period not to exceed 180 days after receipt of an application under either such section. (c)(1) If the Secretary determines under subsection (b) that there is an agreement between a profitable railroad in the Region (as defined in section 102 of the Regional Rail Reorganization Act of 1973) which received a loan under section 211(a) of such Act and a prospective purchaser for the sale of such railroad, the Secretary shall limit the interest of the United States in any debt of such a railroad to an interest which attaches to such debt in the event of bankruptcy, substantial sale, or liquidation of the assets of the railroad. The Secretary shall substitute for the evidence of such debt contingency notes conforming to the limited terms set forth in this subsection. (2) If the interest of the United States is limited under paragraph (1), any new debt issued by such a railroad subsequent to the issuance of the debt described in paragraph (1) shall have higher priority in the event of bankruptcy, liquidation, or abandonment of the assets of Conrail than the debt described in such paragraph. INTERCITY PASSENGER SERVICE EMPLOYEES

45 USC 1113.

SEC. 1165. After January 1, 1983, Conrail shall be relieved of the responsibility to provide crews for intercity passenger service on the Northeast Corridor. Amtrak, Amtrak Commuter, and Conrail, and the employees with seniority in both freight and passenger service shall commence negotiations not later than 120 days after the date of the enactment for the right of such employees to move from one service to the other once each six-month period. Such agreement shall ensure that Conrail, Amtrak, and Amtrak Commuter have the right to furlough one employee in the same class or craft for each employee who returns through the exercise of seniority rights. If agreement is not reached within 360 days, such matter shall be submitted to binding arbitration. TRACKAGE RIGHTS

45 USC 1114.

SEC. 1166. At any time after the effective date of this subtitle, the Commission may approve, under the provisions of existing law, the grant of trackage rights to any terminal railroad operating primarily in the city of Philadelphia over the individual lines of Conrail located in the city and port of Philadelphia. TECHNICAL AMENDMENTS

45 USC 1115.

SEC. 1167. (a) Section 303(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(c)) is amended by striking the following wherever they appear: "securities,"; "securities and"; "at least one share of series B preferred stock and"; "other securities of the Corporation or"; and "securities or". (b) For the purpose of computing the amount for which certificates of value shall be redeemable under section 306 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 746), the series B preferred stock and the common stock conveyed to the Secretary under section 1154 of this subtitle shall be deemed to be without fair market value unless in a proceeding brought under section 1152(a)(4) of this subtitle

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the special court shall have determined that such securities had a value and shall have entered a judgment against the United States for that value. In such an event, the securities shall for purposes of section 306 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 746) be deemed to have that value found by the special court. (c)(1) The clerk of the special court shall convey to the Secretary within 10 days after the effective date of this subtitle the series B preferred stock and the common stock of Conrail which are then on deposit with the special court pursuant to section 303 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743). (2) The Secretary is authorized to hold and to exercise all rights that pertain to the Conrail securities conveyed under paragraph (1) of this subsection, and any other securities of Conrail that have been or may be conveyed to the Secretary under any agreement or pursuant to the terms of part 5 of this subtitle or the terms of any other law. ^"^e, p. 673. APPLICABILITY OF OTHER LAWS

SEC. 1168. (a) The provisions of the chapters 5 and 7 of title 5 of the United States Code (popularly known as the Administrative Procedure Act and including provisions popularly known as the Government in the Sunshine Act), the Federal Advisory Committee Act, section 102(2)(C) of the National Environmental Policy Act of 1969, the National Historic Preservation Act of 1966, and section 4(f) of the Department of Transportation Act of 1966 are inapplicable to actions taken in negotiating, approving, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973. (b) The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum number of crew members who must be employed in connection with the operation of such trains.

45 USC 1116. 51JSC 500 et seq., ^* *^^' 5 USC app. 42 USC 4332. 16 USC 470 note. 49 USC 1653. Ante, p. 654.

EFFECTIVE DATE

SEC. 1169. Except as otherwise provided, the provisions of and the 45 USC 1101 amendments made by this subtitle shall take effect on the date of the ^°^^enactment of this subtitle.

Subtitle F—Amtrak SHORT TITLE

Amtrak Improvement Act of 1981.

SEC. 1170. This subtitle may be cited as the "Amtrak Improvement 45 USC 50i note. Act of 1981". FINDINGS

SEC. 1171. Section 101 of the Rail Passenger Service Act (45 U.S.C. 501) is amended to read as follows: "(a) The Congress finds that the public convenience and necessity require that the National Railroad Passenger Corporation provide, to the extent that the Corporation's budget allows, modern, cost-efficient, and energy-efficient intercity railroad pasenger service between crowded urban areas and in other parts of the country; that rail passenger service can help in alleviating the overcrowding of airways, airports, and highways; and that to the maximum extent feasible travelers in America should have the freedom to choose the mode of transportation most convenient to their needs.

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PUBLIC LAW 97-35—AUG. 13, 1981 "(b) The Congress further finds that a greater degree of cooperation is necessary among railroads, the Corporation, State, regional, and local governments and the private sector, labor organizations, and suppliers of services and equipment to the Col-poration in order to achieve the level of performance sufficient to justify expenditure of public funds. "(c) The Congress further finds that— "(1) mcdern, efficient commuter rail passenger service is important to the viability and well-being of major urban areas and to the national goals of energy conservation and selfsufficiency; "(2) Amtrak, as a passenger service entity, should be available to operate commuter service through its subsidiary Amtrak Commuter under contract with commuter agencies which do not choose to operate such service themselves as a part of the governmental functions of the State; "(8) the Northeast Corridor is a valuable national resource used by intercity passenger, commuter passenger, and freight services; and "(4) greater coordination between intercity and commuter passenger services are required.". ADDITIONAL GOALS FOR AMTRAK

45 USC 501a.

\

\

SEC. 1172. Section 102 of the Rail Passenger Service Act (45 U.S.C. 501) is amended— (1) by striking out paragraphs (1) and (3) and redesignating paragraphs (2), (4), (5), and (6) as paragraphs (8) through (11), respectively; (2) by inserting immediately before paragraph (8), as so redesignated, the following new paragraphs: "(1) Exercise of the Corporation's best business judgment in taking actions to minimize Federal subsidies, including increasing fares, increasing revenues from the carriage of mail and express, reducing losses on food service, improving its contracts with operating railroads, reducing management costs, and increasing employee productivity. "(2) Encouragement of State, regional, and local governments and the private sector to share the costs of operating rail passenger service, including the costs of operating stations and other facilities, in order to minimize Federal subsidies. "(3) Improvement of the number of passenger miles generated systemwide per dollar of Federal funding by at least 30 percent within the two-year period beginning on the effective date of the Amtrak Improvement Act of 1981. "(4) Elimination of the deficit associated with food and beverage services by September 30, 1982. "(5) Implementation of strategies to achieve immediately maximum productivity and efficiency consistent with safe and efficient service. "(6) Operation of Amtrak trains, to the maximum extent feasible, to all station stops within 15 minutes of the time established in public timetables for such operation. "(7) Development of service on rail corridors, subsidized by States or private parties, or both."; (3) in paragraph (8), as redesignated, by striking out "55" and inserting in lieu thereof "60"; and (4) by adding at the end thereof the following new paragraphs:

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 PUBLIC LAW 97-35—AUG. 13, 1981 "(12) Implementation of policies ensuring equitable access to the Northeast Corridor by both intercity and commuter services. "(13) Coordination among the various users of the Northeast Corridor, particularly intercity and commuter passenger services. "(14) Amtrak's maximization of the use of its resources, including the most cost-effective use of employees, facilities, and real estate. Amtrak is encouraged to enter into agreements with the private sector and undertake initiatives which are consistent with good business judgment and designed to maximize its 1 revenues and minimize Federal subsidies.. DEFINITIONS

SEC. 1173. Section 103 of the Rail Passenger Service Act (45 U.S.C. 502) is amended— (1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively, and by redesignating paragraphs (7) through (14) as paragraphs (10) through (17), respectively; (2) by inserting immediately after paragraph (1) the following new paragraph: "(2) 'Amtrak Commuter* means the Amtrak Commuter Services Corporation created under title V of this Act.". (3) by inserting immediately after paragraph (7), as redesignated, the following new paragraphs: "(8) 'Commuter authority' means any State, local, or regional authority, corporation, or other entity established for purposes of providing commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or contracting for the operation of, commuter service. "(9) 'Commuter service' means short-haul rail passenger service operated in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, multiple-ride, and commutation tickets and by morning and evening peak period operations."; and (4) in paragraph (11), as redesignated, by striking out "commuter and other and all that follows through "operations" and inserting in lieu thereof "commuter service". CHANGES IN BOARD OF DIRECTORS

SEC. 1174. (a) Section 303(a) of the Rail Passenger Service Act (45 U.S.C. 543(a)) is amended— (1) by striking out paragraphs (1) through (4) and inserting in lieu thereof the following new paragraphs: "(1) The Corporation shall have a board of directors consisting of nine individuals who are citizens of the United States, as follows: "(A) The Secretary of Transportation, ex officio. The Secretary of Transportation may be represented at meetings of the Board by his deputy, the Administrator of the Federal Railroad Ad-

95 STAT. 689

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ministration or the General Counsel of the Department of Transportation. "(B) The President of the Corporation. "(C) Three members appointed by the President, by and with the advice and consent of the Senate, on the following basis: "(i) One to be selected from a list of three qualified individuals recommended by the Railway Labor Executives Association. "(ii) One to be selected from among the Governors of States with an interest in rail transportation. Such Governor may select an individual to represent him at meetings of the Board. "(iii) One to be selected as a representative of business with an interest in rail transportation. "(D) Two members selected by commuter authorities, on the following basis: "(i) Until January 1, 1983, the two members under this subparagraph shall be selected by the President from a list of names consisting of one individual nominated by each commuter authority for which the Consolidated Rail Corporation operates commuter service under the Regional Rail 45 USC 701 note. Reorganization Act of 1973. Such members shall serve until December 31, 1982, or until their successors are appointed pursuant to subparagraph (ii). "(ii) After January 1, 1983, the two members under this subparagraph shall be selected by the President from a list of names consisting of one individual nominated by each commuter authority for which Amtrak Commuter operates Ante, p. 647. commuter service under title V of this Act and one individual nominated by each commuter authority in the Region (as defined in section 102 of the Regional Rail Reorganization 45 USC 702. Act of 1973) which operates its own service or contracts with an operator other than Amtrak Commuter, except that— "(I) if Amtrak Commuter operates commuter service for one or more commuter authorities, at least one of the members selected under this clause shall be an individual nominated by such a commuter authority; and "(II) if Amtrak Commuter does not operate commuter service for any commuter authority, five names shall be submitted to the President by commuter authorities providing service over rail properties owned by Amtrak, and the President shall select two members from such list. "(E) Two members selected annually by the preferred stockholders of the Corporation, which members shall be selected as soon as practicable after the first issuance of preferred stock by the Corporation. "(2)(A) Members appointed by the President under paragraph (I)(C) shall serve for terms of four years or until their successors have been appointed and qualified, except that any member appointed by the President under such subparagraph to fill a vacancy shall be appointed only for the unexpired term of the member he is appointed to succeed. Not more than two of the members appointed under such subparagraph shall be registered as members of the same political party. "(B) Members selected under paragraph (I)(D) shall serve for terms of two years or until their successors have been appointed.

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"(3) Except as provided in paragraph (2)(A) of this subsection, any vacancy in the membership of the board shall be filled in the same manner as in the case of the original selection. "(4) The President of the Corporation shall serve as chairman of the board of directors."; (2) by striking out paragraph (6) and redesignating paragraphs (7) through (9) as paragraphs (6) through (8), respectively; and (3) in paragraph (7), as redesignated by paragraph (2) of this subsection, by striking out "election" and inserting in lieu thereof "selection"; by striking out "four" and inserting in lieu thereof "two"; and by striking out "seven" and inserting in lieu thereof "four". (b) The term of office of any member of the board of directors of the ^^ USC 543 note. National Railroad Passenger Corporation serving on such board immediately before the effective date of this subtitle pursuant to section 303(a)(l)(B), (C), or (D) of the Rail Passenger Service Act shall 45 USC 543. be deemed to have expired on such effective date, except that— (1) such members shall continue to serve for a period not to exceed 90 days during which time the President shall appoint members of the board in accordance with section 303(a)(1) of such Act, as amended by this section; and (2) if any position on such board remains vacant after the expiration of such 90-day period, the President of Amtrak may designate any citizen of the United States to serve in such position until the President fills such position by appointment in accordance with such section 303(a)(l). FINANCING OF THE CORPORATION

SEC. 1175. Section 304 of the Rail Passenger Service Act (45 U.S.C. 544) is amended— (1) in subsection (a), by striking out "each of which shall carry voting rights and" and inserting in lieu thereof "which shall; (2) in subsection (a), by striking out the second sentence; (3) by amending subsection (c) to read as follows: "(c)(l) Not later than February 1, 1982, and in consideration of receiving further Federal financial assistance, the Corporation shall issue to the Secretary a sufficient number of shares of preferred stock to equal, to the nearest whole share, the amount of funds appropriated by Congress for capital acquisitions or improvements, or for operating and capital expenses, under the authority of subsections (a)(2), (b)(l)(B), and (b)(l)(O of section 601 of this Act between October 45 USC 601. 30, 1970, and September 30, 1981. "(2) Commencing on October 1, 1981, and in consideration of receiving further Federal financial assistance, the Corporation shall issue to the Secretary within 30 days after the close of each quarter of the fiscal year of the United States Government additional preferred stock equal, to the nearest whole share, to the amount of funds paid to the Corporation under section 601 of this Act during such quarter."; and (4) by striking out subsections (d) through (f) and inserting in lieu thereof the following: "(d) The Corporation is authorized to issue, in addition to the stock authorized by subsection (a) of this section, nonvoting securities, bonds, debentures, notes, and other certificates of indebtedness as it may determine, except that no obligation with a liquidation interest superior to any preferred stock issued to the Secretary or secured by a lien on property of the Corporation shall be incurred without the

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PUBLIC LAW 97-35—AUG. 13, 1981 consent of the Secretary so long as any preferred stock issued to the Secretary is outstanding. "(e)(1) The requirement of section 45(b) of the District of Columbia Business Corporation Act (D.C. Code, sec. 29-920(b)) as to the percentage of stock a stockholder is required to hold in order to have the rights of inspection and copying set forth in such section shall not be applicable in the case of holders of the stock of the Corporation, and they may exercise such rights without regard to the percentage of stock they hold. "(2) Preferred stock issued under the authority of this section shall not be subject to the annual fee prescribed under section 29-936(e) of the District of Columbia Code, or to any other form of taxation unless otherwise specifically prescribed by Congress.". CHARGE FOR CUSTOMS AND IMMIGRATION SERVICE

SEC. 1176. Section 305(i) of the Rail Passenger Service Act (45 U.S.C. 545) is amended by adding at the end thereof the following new sentence: "The Corporation shall not be obligated to pay any amount to any agency of the Federal Government for the cost of customs inspection or immigration procedures in connection with the provision of services by the Corporation.". FOOD AND B E V E R A G E SERVICE

SEC. 1177. (a) Section 305 of the Rail Passenger Service Act (45 U.S.C. 545) is amended by adding at the end thereof the following new subsection: "(n) The Corporation shall implement policies which will eliminate the deficit in its on-board food and beverage operations no later than September 30, 1982. Beginning October 1, 1982, food and beverage services shall be provided on-board Amtrak trains only if the revenues from such service are equal to or greater than the total costs of such services as computed on an annual basis.". (b) Section 405(e) of the Rail Passenger Service Act (45 U.S.C. 565(e)) is amended— (1) by striking out "The Corporation" and inserting in lieu thereof "(1) Except as provided in paragraph (2) of this subsection, the Corporation"; and (2) by adding at the end thereof the following new paragraph: "(2) The provisions of this subsection shall not applv to food and beverage services provided on-board Amtrak trains.'. APPLICABILITY

SEC. 1178. Section 306 of the Rail Passenger Service Act (45 U.S.C. 546) is amended by adding at the end thereof the following new subsection: "(n) The Corporation shall not be required to pay any additional taxes as a consequence of its expenditure of funds to acquire or improve real property, equipment, facilities, or right-of-way materials or structures used directly or indirectly in the provision of rail passenger service. For purposes of this subsection, 'additional taxes' means taxes or fees (1) on the acquisition, improvement, or ownership of personal property by the Corporation; and (2) on real property other than taxes or fees on the acquisition of real property or on the value of real property which is not attributable to improvements made by the Corporation.".

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SANCTIONS

SEC. 1179. Section 307(a) of the Rail Passenger Service Act (45 U.S.C. 547(a)) is amended by adding at the end thereof the following: "Any discontinuance of routes, trains, or services or reduction in frequency of service, which is made by the Corporation shall not be reviewable in any court except on petition of the Attorney General of the United States.". EUMINATION OP UNNECESSARY REPORTS

SEC. 1180. (a) Section 308(a)(l) of the Rail Passenger Service Act (45 U.S.C. 548(a)(1)) is amended by striking out subparagraph (C). (b) Section 308(c) of the Rail Passenger Service Act (45 U.S.C. 548(c)) is amended— (1) by striking out "and the Commission"; and (2) by striking out "reports (or, in their discretion, a joint report) and inserting in lieu thereof "a report". FACILITY AND SERVICE AGREEMENTS

SEC. 1181. The first sentence of section 402(a) of the Rail Passenger Service Act is amended by inserting ", which terms shall include a 45 USC 562. penalty for untimely performance" before the period. STATE SUPPORTED SERVICES

SEC. 1182. (a) Section 403 of the Rail Passenger Service Act (45 U.S.C. 563) is amended to read as follows: "SEC. 403. SERVICE.

"(a) Except as otherwise provided in this Act, after the effective date of the Amtrak Improvement Act of 1981, all route additions shall be in accordance with the Route and Service Criteria. "(b)(l)(A) Any State or group of States, any regional or local agency, or any other person may submit an application to the Corporation requesting the institution of rail passenger service or the retention of a route, train, or service, or some portion of such route, train, or service, which the Corporation intends to discontinue under section 407 of this Act. "(B) Each application by a State, agency, or person for rail passenger service under this subsection shall contain— "(i) adequate assurances by such State, agency, or person that it has sufficient resources to meet its share of the cost of such service for the period such service is to be provided; "(ii) a market analysis acceptable to the Corporation to ensure that there is adequate demand to warrant such service; and "(iii) a statement by such State, agency, or person that it agrees to pay in each year of operation of such service at least— "(I) 45 percent in the first year of operation; and "(II) 65 percent in each year of operation thereafter; of the short-term avoidable losses of operating such service and 50 percent of the associated capital costs. "(2)(A) The Corporation shall review each application submitted by a State, agency, or person for the institution or retention of service under this subsection to determine whether— "(i) the application complies with the requirements of paragraph (1)(B) of this subsection; and

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PUBLIC LAW 97-35—AUG. 13, 1981 "(ii) there is a reasonable probability that the service requested can be provided with the resources available to the Corporation. "(B) Any application submitted by a group of States shall be considered in the same manner as an application submitted by a single State, and not on the basis of whether each State that is a party to such application meets the requirements of paragraph (1)(B) of this subsection. "(3)(A) The Corporation may enter into an agreement with such State, agency, or person for the institution or retention of such service, in accordance with the funding formula set forth in paragraph (I)(B) of this subsection, if the Corporation determines that such service can be provided with resources available to the Corporation. "(B) An agreement entered into pursuant to this subsection may by mutual agreement be renewed for one or more additional terms ot not more than 2 years. "(C) If more than one application is made for service and all applications are consistent with the requirements of this subsection, but all the services applied for cannot be provided with the available resources of the Corporation, the board of directors shall decide in its discretion which application or applications best serve the public interest and can be provided with the available resources of the Corporation. "(4)(A) Any funds provided by the Corporation under an agreement with a State, an agency or a person pursuant to this subsection which are allocated for associated capital costs and which are not expended during the fiscal year for which they are provided shall remain available until expended. "(B) The board of directors shall, after consultation with the appropriate officials of each State that contributes to the operation of service under this subsection, establish the basis for determining the short-term avoidable loss and associated capital costs of service operated under this subsection and the total revenues from such service. In addition, the Corporation shall provide appropriate State officials with the basis for determining such loss, costs, and revenues for each route on which service is operated under this subsection. "(5)(A) Prior to instituting any fare increase that applies to service provided under this subsection and that represents an increase of more than 5 percent over a 6-month period, the Corporation shall consult with and obtain the views of the appropriate officials of each State to be affected by such fare increase. The Corporation shall provide the officials of each such State with an explanation of the circumstances warranting the proposed fare increase (such as the unique costs of or demand for the services involved). "(B) A proposed fare increase described in subparagraph (A) shall take effect 90 days after the date the Corporation first consults with the affected States pursuant to such subparagraph. Within thirty days of the initial consultation, the affected State may submit proposals to the Corporation for reducing costs and increasing revenues in connection with service provided under this subsection. Following such thirty-day period, the Corporation, after taking into consideration such proposals as may be submitted by a State, shall decide whether to implement the proposed fare increase in whole or in part. (C) Notwithstanding the provision of subparagraph (B) of this paragraph, the Corporation may increase fares pursuant to this paragraph during the first month of a fiscal year if the authorization for appropriations or the appropriations for the benefit of the

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 695

Corporation for such fiscal year are not enacted at least 90 days prior to the beginning of such fiscal year, and the Corporation may increase fares pursuant to this paragraph during the 30 days following enactment of any appropriation for the benefit of the Corporation or rescission thereof. Notice of fare increases pursuant to the preceding sentence shall be given by the Corporation to any affected State as soon as possible following the decision to effect such fare increase. "(6) At least 2 but not more than 5 percent of all revenues generated by each particular route operated under the authority of this subsection shall be dedicated to advertising and promotion of such service on a local level.". (b) The amendments made by subsection (a) of this section shall '^^ ^SC 563 note, apply to any agreement entered into under section 403(b) of the Rail Passenger Service Act after October 1, 1981, and to any renewal after >i"*«. P- 693. October 1, 1983, of any agreement entered into under such section 403(b) prior to October 1, 1981. OPERATION WITHIN AVAILABLE RESOURCES

SEC. 1183. (a) Section 404(c)(3) of the Rail Passenger Service Act (45 U.S.C. 564(c)(3)) is amended— (1) by inserting "(A)" immediately after "(3)"; and (2) by adding at the end thereof the following new subparagraph: "(B) Beginning on the effective date of the Amtrak Improvement Act of 1981, if the Corporation determines that an amendment to the Ante, p. 687. Route and Service Criteria is necessary or appropriate, it shall submit a draft of such amendment to the Congress. Such amendment shall take effect at the end of the first period of 60 calendar days of continuous session of the Congress after the date of its submission, unless either the Senate or the House of Representatives adopts a resolution during such period stating that it does not approve such amendment.". (b) Section 404(c)(4) of the Rail Passenger Service Act (45 U.S.C. 564(c)(4)) is amended to read as follows: funds, including grants made under section 601 of this Act, contribu- 45 USC 601. tions provided by States, regional and local agencies and other persons, and revenues, available to the Corporation within the thencurrent fiscal year. Commencing in fiscal year 1982, the Corporation shall recover an amount sufficient that the ratio of its revenues, including contributions from States, agencies, and other persons, to costs, excluding capital costs, shall be at least 50 percent. "(B) The Corporation shall conduct an annual review of each route Annual review. in the basic system to determine if such route is projected to meet the criteria set forth in paragraph (1) or paragraph (2) of subsection (d), whichever is applicable to such route, as adjusted to reflect constant 1979 dollars. If the Corporation determines on the basis of such review that such route wUl not meet the criteria set forth in the appropriate paragraph, the Corporation shall discontinue, modify, or adjust the operation of rail passenger service over such route so that the criteria will be met. "(C) The annual review conducted by the Corporation under subparagraph (B) shall include an evaluation of the potential market demand for, and the cost of providing service on routes or portions thereof, and the potential market demand for, and cost of providing service on, alternative routings. The Corporation shall transmit the results of the annual review to each House of the Congress and to the Secretary of Transportation. 9-194 0—82
 * X4)(A) The Corporation's annual total costs shall not exceed the

46:QL3

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Page:United States Statutes at Large Volume 95.djvu/722

 95 STAT. 696

Notice. Ante, p.693.

PUBLIC LAW 97-35—AUG. 13, 1981 "(D)(i) No later than 80 days after the beginning of each fiscal year, the Corporation shall evaluate the financial requirements for operating the basic system and its progress in achieving the system-wide performance standards prescribed in this Act during such fiscal year. If the Corporation determines that the funds to be available for such fiscal year are insufficient to meet the projected operating costs, or if the Corporation projects that the system cannot meet the performance standards of this Act, the Corporation shall, in accordance with this subparagraph, take such action as may be necessary to reduce such costs and improve performance. "(ii) Any action taken by the Corporation to reduce costs or improve performance pursuant to this subparagraph shall be designed to continue the maximum level of service practicable, and may include— "(I) changes in frequency of service; "(II) increases in fares; "(III) reductions in the costs of sleeper car service on certain routes; "(IV) reductions in the costs of dining car service on certain routes; "(V) increases in the passenger capacity of cars used on certain routes; and "(VI) restructuring or adjustment of the route system or discontinuance of service over routes, considering short-term avoidable loss and the number of passengers served by trains on such routes. "(E) The Corporation shall, prior to October 1, 1983, reduce its costs of management by not less than 10 percent of the administrative costs incurred during the period of twelve calendar months prior to June 1, 1981. "(F)(i) Notice of any discontinuance of service pursuant to this paragraph or section 403(b) of this Act shall be posted at least 14 days before such discontinuance in all stations served by the train to be discontinued. "(ii) Notice of any discontinuance of service pursuant to this paragraph or section 403(b) of this Act shall be given in such a manner as the Corporation determines will afford an opportunity for any State or group of States, or any regional or local agency or other person, to agree to share the cost of such route, train, or service, or some portion of such route, train, or service. Such notice shall be given at least 90 days prior to such discontinuance. "(iii) Notwithstanding the provisions of clause (ii), the Corporation may discontinue service pursuant to this paragraph or section 403(b) of this Act during the first month of a fiscal year if the authorization for appropriations or the appropriations for the benefit of the Corporation for such fiscal year are not enacted at least 90 days prior to the beginning of such fiscal year, and the Corporation may. discontinue service pursuant to this paragraph or section 403(b) of this Act during the 30 days following enactment of any appropriation for the benefit of the Corporation or rescission thereof. Notice of discontinuance of service pursuant to the preceding sentence shall be given by the Corporation to any affected State or regional or local transportetion authority as soon as possible following the decision to effect such discontinuance.". (c) Section 404(c)(5) of the Rail Passenger Service Act (45 U.S.C. 564(c)(5)) is amended by striking out "and" at the end of subparagraph (A), by striking out the period at the end of subparagraph (B)

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Page:United States Statutes at Large Volume 95.djvu/723

 PUBLIC LAW 97-35~AUG. 13, 1981

95 STAT. 697

and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new subparagraph: "(C) modification or adjustment of service under paragraph (4)(B) of this subsection, and discontinuance, modification, or adjustment under paragraph (4)(D) of this subsection.", (d) Section 404(e) of the Rail Passenger Service Act (45 U.S.C. 564(e)) is repealed. (e) Section 403(d) of the Rail Passenger Service Act (45 U.S.C. 563(d)) is amended to read as follows: "(d) Beginning October 1, 1981, the Corporation shall continue to operate rail passenger service operated under this subsection prior to the effective date of the Amtrak Improvement Act of 1981 if such service meets the criteria set forth in section 404(d)(2)(B) of this Act, after taking into account projected fare increases and any State or local contributions to such service. Any service continued under this subsection shall be funded in accordance with the method of funding in effect on the day prior to the effective date of the Amtrak Improvement Act of 1981.". Ante, p. 687. EXTENSION OF COMPENSATION FOR PASS RIDERS

SEC. 1184. The third sentence of section 405(f) of the Rail Passenger Service Act (45 U.S.C. 565) is amended by striking out ", during the 2-year period beginning on the effective date of the Amtrak Reorganization Act of 1979,". 45 USC 501 note. AUTHORIZATION OF APPROPRIATIONS

SEC. 1185. (a) Section 601(b) of the Rail Passenger Service Act (45 U.S.C. 601(b)) is amended— (1) by striking out paragraph (3); and (2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following new paragraph: "(2) There are authorized to be appropriated to the Secretary for the benefit of the Corporation— "(A) not to exceed $735,000,000 for the fiscal year ending September 30, 1982, of which not more than $24,000,000 shall be used for the payment of operating and capital expenses of rail passenger service provided pursuant to section 403(b) of this Act; and "(B) not to exceed $788,000,000 for the fiscal year ending September 30, 1983, of which not more than $26,000,000 shall be used for the payment of operating and capital expenses of rail passenger service provided pursuant to section 403(b) of this Act."; (3) in paragraph (3), as redesignated, by striking out "(A)" and by striking out ", and (B) guidelines established by the Secretary"; and (4) by adding at the end thereof the following new paragraph: "(4) Of the amounts appropriated under this subsection for fiscal year 1982, the Corporation may not spend for on-board food and beverage services an amount greater than 50 percent of the amount by which the costs of such services in fiscal year 1981 exceeded the revenues from such services in such fiscal year.". (b) Section 601(b)(l) of the Rail Passenger Service Act (45 U.S.C. 601(b)(l)) is amended by striking out subparagraphs (B) through (E).

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Page:United States Statutes at Large Volume 95.djvu/724

 95 STAT. 698

PUBLIC LAW 97-35—AUG. 13, 1981 LOAN GUARANTEES

Recommendations, submittal to Congress.

SEC. 1186. (a) Section 602(d) of the Rail Passenger Service Act (45 U.S;C. 602(d)) is amended— (1) by striking out "$900,000,000" each place it appears and Inserting in lieu thereof "$930,000,000"; and (2) by striking out the last sentence. (b) Section 602 of the Rail Passenger Service Act (45 U.S.C. 602) is amended by adding at the end thereof the following new subsections: "(j) During the period beginning October 1, 1981, and ending September 30, 1983, the interest due to the Federal Financing Bank from the Corporation on debt of the Corporation held by the Federal Government shall be deferred. During such period the interest so deferred shall be added to the principal of the debt owed to the Federal Government. The deferral of payment under this subsection shall not constitute a default under any note or obligation of the Corporation. Notwithstanding the deferral of interest provided for under this subsection, the Secretary shall guarantee loans to the Corporation to meet commitments under previously approved capital programs and to repay existing notes and equipment obligations. "(k) Before February 1, 1982, the Department of Transportation, in consultation with the General Accounting Office, the Corporation, and the Department of the Treasury, shall submit to the Congress legislative recommendations for how best to relieve Amtrak of its debt to the Federal Government.". RAIL CORRIDOR DEVELOPMENT AND OTHER STUDIES

Report to Congress. 45 USC 651 note.

Study; report to Congress.

SEC. 1187. (a) Not later than June 1, 1982, the National Railroad Passenger Corporation shall transmit to the Congress a report containing its recommendations for the development of rail corridors. Such report shall contedn— (1) an identification of those rail corridors which the Corporation would propose to develop, taking into consideration factors such as (A) the projected cost-effectiveness, energy efficiency, and ridership of rail corridors recommended for development, (B) the need to preserve regional balance in rail passenger service, (C) the share of intercity passengers which would be attracted by rail corridor service, and (D) the willingness of private sector interests or State and local governments, or both, to contribute to the development of rail corridors; (2) a timetable for the development of rail corridors, including schedules for (A) the negotiation of agreements with the rail carriers, private interests, and State and local governments, (B) the acquisition of equipment, (C) the improvement of fixed facilities, and (D) the implementation of service; and (3) a financial plan, including recommendations for reductions in the cost of existing service, during the timetable proposed pursuant to paragraph (2) of this subsection. (b) The National Railroad Passenger Corporation, representatives of labor, and the American Association of Railroads shall, within six months after the effective date of this subtitle, conduct a study and submit a joint report to the Congress regarding their efforts to achieve greater efficiencies in management and labor practices. Such report shall include a description of efforts by such corporation toward efficiencies in the management of such corporation, recommendations for further efficiencies, and any other appropriate legislative recommendations.

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Page:United States Statutes at Large Volume 95.djvu/725

 PUBLIC LAW 97-35—AUG. 13, 1981 (c) Within three months after the effective date of this subtitle, the National Railroad Passenger Corporation shall submit to the Congress a report on actual and potential problems for such Corporation in entering into agreements regarding direct employment of rail passenger operating personnel. Such report shall include legislative recommendations, if such corporation determines that such recommendations are appropriate.

95 STAT. 699 Report to Congress.

TECHNICAL AND CONFORMING AMENDMENTS

SEC. 1188. (a) Section 301 of the Rail Passenger Service Act (45 U.S.C. 531) is amended by inserting "and commuter" immediately 45 USC 541. after "intercity" each place it appears. (b) Section 305(a) of the Rail Passenger Service Act (45 U.S.C. 535(a)) is amended by inserting "and commuter" immediately after 45 USC 545. "intercity" each place it appears. (c) Section 402(e)(l) of the Rail Passenger Service Act (45 U.S.C. 562(e)(1)) is amended by inserting "or commuter" immediately after "intercity". (d) Section 405 of the Rail Passenger Service Act (45 U.S.C. 565) is amended by adding at the end thereof the following new subsection: "(g) The provisions of subsections (a), (b), and (c) of this section shall not apply to Amtrak commuter.". (e) Section 702 of the Railroad Revitalization and Regulatory Repeal. Reform Act of 1976 (45 U.S.C. 852), and the item relating to such section in the table of contents of such Act, are repealed. EFFECTIVE DATE

SEC. 1189. Except as otherwise provided, the provisions of and 45 USC 501 note. amendments made by this subtitle shall take effect on October 1, 1981.

Subtitle G—Miscellaneous CHAPTER 1—LOCAL RAIL ASSISTANCE AUTHORIZATION OF APPROPRIATIONS

SEC. 1191. Section 5(p) of the Department of Transportation Act (49 U.S.C. 1654(p)) is amended by striking out "without fiscal year limitation. Of the foregoing sums, not to exceed $5,000,000 shall be made available for planning grants during each of the 3 fiscal years ending June 30, 1976; September 30, 1977; and September 30, 1978" and inserting in lieu thereof the following: "of which $40,000,000 shall be made available for the fiscal year ending September 30, 1982, $44,000,000 shall be made available for the fiscal year ending September 30, 1983 and $48,000,000 shall be made available for the fiscal year ending September 30, 1984.". RAIL FREIGHT ASSISTANCE

SEC. 1192. (a) Section 5(f) of the Department of Transportation Act (49 U.S.C. 1654(f)) is amended by striking out paragraph (1) and redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (b) The first sentence of section 5(g) of the Department of Transportation Act (49 U.S.C. 1654(g)) is amended by striking out "80 per

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Page:United States Statutes at Large Volume 95.djvu/726

 95 STAT. 700

Notification.

Notification.

PUBLIC LAW 97-35—AUG. 13, 1981 centum, except that" and all that follows in that sentence and inserting in lieu thereof "70 per centum.". (c) Section 5(h) of the Department of Transportation Act (49 U.S.C. 1654(h)) is amended— (1) in paragraph (1) by striking out "1979" and inserting in lieu thereof^'1981"; (2) in paragraph (2) by striking out "October 1, 1979" and inserting in lieu thereof "October 1, 1981"; (3) in paragraph (2)(B) by striking out "(including" and all that follows through "under this section)" both places it appears; and (4) by amending paragraph (3) to read as follows: "(3)(A) The Interstate Commerce Commission shall, no later than July 1 of the year preceding the fiscal year funds are made available under this section, provide the Secretary with the sum of the rail mileage in each State that meets the description set forth in subparagraphs (A) and (B) of paragraph (2). The Secretary shall, no later than the first day of each fiscal year, notify each SUAe of the funds to which such State is entitled under this subsection during such fiscal year. "(B)(i) Entitlement funds shall remain available to a State for the first 6 months after the end of the fiscal year for which funds have been made available for use under this section. "(ii) Any funds which have not been applied for under this section shall be made available to the Secretary for use during the remainder of the current fiscal year for rail service assistance projects meeting the requirements of this section. The Secretary shall, no later than 30 days after the end of the first six months of a fiscal year, notify each State with respect to any funds still available for rail service assistance projects under this section. "(C) In considering applications for rail service assistance to be provided with funds described in subparagraph (B)(ii), the Secretary shall consider the following: "(i) The percentage of lines filed with the Interstate Commerce Commission for abandonment or potential abandonment within aStete. "(ii) The likelihood of future abandonments within a State. "(iii) The ratio of benefits to costs (which are included in the State rail plan) for a proposed project. "(iv) The likelihood that the line will continue operating with rail freight assistence. "(v) The impact of rail bankrupteies, rail restructuring, and rail mergers on the State applying for assistence.". (d) Section 5(i) of the Department of Transportetion Act (49 U.S.C. 1654(i)) is amended to read as follows: "(i) On the first day of the fiscal year, each State shall be entitled to $100,000 of the fund available for expenditure under subsection (q) of this section during the fiscal year to meet the cost of establishing, implementing, revising, and updating the State rail plan required by subsection (j) of this section. Each State must apply tor such funds on or before the first day of the fiscal year. Any funds which have not been applied for under this subsection shall be made available to the Secretary under subsection (h)(3)(B) of this section.". (e) Section 5(k) of the Department of Transportation Act (49 U.S.C. 1654(k)) is amended— (1) by striking out paragraph (1) and redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; (2) in paragraph (1), as redesignated, by striking out "paragraph (2)" and inserting in lieu thereof "paragraph (1)', by

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Page:United States Statutes at Large Volume 95.djvu/727

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 701

striking out"; or" at the end of subparagraph (B) and inserting in lieu thereof a period, and by striking out subparagraph (C); (3) in paragraph (2), as redesignated, by striking out "paragraphs (3) and (5)" and inserting in lieu thereof "paragraphs (2) and (4)"; (4) in paragraph (3), as redesignated, by striking out "paragraph (4)" and inserting in lieu thereof "paragraph (3)"; and (5) by striking out the period at the end of paragraph (2), as redesignated, and at the end of paragraph (3)(B), as redesignated, and inserting in lieu thereof the following: "unless such a project has been receiving assistance under this subsection but did not receive all the funds to which the State was entitled at the beginning of the fiscal year ending September 30, 1981, in which case such project shall continue to be eligible until September 30, 1982.". (f) Section 5(1) of the Department of Transportation Act (49 U.S.C. 1654(1)) is amended by adding at the end thereof the following new sentence: "Upon receipt of an application for rail freight assistance, the Secretary shall consider the application and notify the State submitting such an application as to its approval or disapproval within 45 days. If the Secretary fails to consider and notify the State applying for rail freight assistance under subsection (k) within 45 days, then the project shall be considered approved and the State shall receive the Federal share up to the amount to which it is entitled.". (g) Section 5(n) of the Department of Transportation Act (49 U.S.C. 1654(n)) is amended to read as follows: "(n) As used in this section, the term 'State' means any State in which a rail carrier providing trsmsportation subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of title 49, United States Code, maintains any line of railroad.'. (h) Section 5(o) of the Department of Transportation Act (49 U.S.C. 1654(o)) is amended by striking out "paragraph (3)" each place it appears and inserting in lieu thereof "paragraph (2)", and by adding at the end thereof the following new paragraph: "(5) The State, to the maximum extent possible, shall encourage the participation of shippers, railroads, and local communities in providing the State share of rail freight assistemce funds.". (i) Section 5 of the Department of Transportation Act (49 U.S.C. 1654) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: "(p) Each State shall retain a contingent interest (redeemable preference shares) for the Federal share of funds in any line receiving rail freight assistance under this section and may exercise the right to collect its share of the funds used for such a line, if an application for abandonment of such line is filed under chapter 109 of title 49, United States Code, or if such line is sold or disposed of in any way 49 USC 10901 et after it has received Federcd assistance.". NORTHEAST CORRIDOR
 * ^^CHAPTER 2—NORTHEAST CORRIDOR

SEC. 1193. Section 704(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 is amended— 45 USC 854. (1) by inserting before the first sentence thereof the following new sentence: "The Secretary shall complete the Northeast

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Page:United States Statutes at Large Volume 95.djvu/728

 95 STAT. 702

PUBLIC LAW 97-35—AUG. 13, 1981 Corridor improvement project in accordance with the goals of this Act to the extent of funds authorized under this Act."; and (2) by adding after paragraph (4) the following new sentence: "Of the funds authorized to be appropriated under this section, not more than $200,000,000 is authorized to be appropriated to the Secretary for the fiscal year ending September 30, 1982; and not more than $185,000,000 is authorized to be appropriated to the Secretary for the fiscal year ending September 30, 1983.". CHAPTER 3—DEPARTMENT OF TRANSPORTATION AUTHORIZATION OF APPROPRIATIONS

SEC. 1194. (a) The Department of Transportation Act is amended by inserting at the end thereof the following new section: " AUTHORIZATION OP APPROPRIATIONS

49 USC 1660.

"SEC. 17. There are authorized to be appropriated— "(I)(A) for necessary expenses of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department of official reception and representation expenses as the Secretary may determine, not to exceed $35,193,204 per fisceil year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984; and (B) for necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics to remain available until expended, $10,486,615 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984; (2) for necessary expenses for railroad research and development, not to exceed $40,000,000 for the fiscal year ending September 30, 1982, to remain available until expended; and "(3) for necessary expenses of the Minority Business Resource Center not otherwise provided for, not to exceed $10,000,000 for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984. The Secret£uy may not utilize any appropriated funds for the Office of the Secretary other than those which are authorized for that purpose by this section.". CHAPTER 4—RAILROAD SAFETY AUTHORIZATION OF APPROPRIATIONS

94 Stat. 1811. 45 USC 444.

SEC. 1195. Section 214(a) of the Federal Railroad Safety Act of 1970 ig amended by striking out "$40,000,000" and inserting in lieu thereof "$27,650,000'\ CHAPTER 5—INTERSTATE COMMERCE COMMISSION INTERSTATE COMMERCE COMMISSION

49 USC 10301 "o^-

SEC. 1196. Notwithstanding any other provision of law, the total amount authorized to be appropriated for necessary expenses of the Interstate Commerce Commission shall not exceed $79,000,000 for the fiscal year ending September 30, 1982; $80,400,000 for the fiscal year

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Page:United States Statutes at Large Volume 95.djvu/729

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 703

ending September 30, 1983; and $80,400,000 for the fiscal year ending September 30, 1984. CHAPTER 6—TRANSPORTATION RESEARCH TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS

SEC. 1197. Notwithstanding any other provision of law, the total 49 USC 1653 amount authorized to be appropriated to the Department of Trans- "°*®portation for expenses necessary to discharge the functions of the Research and Special Programs Administration shall not exceed $30,047,000 for the fiscal year ending September 30, 1982; $32,300,000 for the fiscal year ending September 30, 1983; and $33,300,000 for the fiscal year ending September 30, 1984. STATEMENT OF MANAGERS

SEC. 1199A. The managers on the part of the Senate and the House of Representatives are authorized to have printed in the Congressional Record at any time prior to midnight on August 4, 1981, a statement in explanation of the provisions of this title relating to matters within the jurisdiction of the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce. Such statement shall be considered to have been filed at the same time and along with the conference report on the Omnibus Budget Reconciliation Act of 1981 (H.R. 3982); and shall be considered for all purposes to constitute the statement on the part of the managers with respect to such provisions.

TITLE XII—CONSUMER PRODUCT SAFETY AND COMMUNICATIONS Subtitle A—Consumer Product Safety •^ SHORT TITLE; R E F E R E N C E TO ACT

consumer Product Safety Amendments of 1981.

SEC. 1201. (a) This subtitle may be cited as the "Consumer Product is use 205i Safety Amendments of 1981". "°*® (b) Except as otherwise specifically provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Consumer Product Safety Act. 15 USC 2051 note. CONSUMER PRODUCT SAFETY STANDARDS

SEC. 1202. Section 7 is amended to read as follows:

is use 2056.

"CONSUMER PRODUCT SAFETY STANDARDS

"SEC. 7. (a) The Commission may promulgate consumer product safety standards in accordance with the provisions of section 9. A Post, p. 704. consumer product safety standard shall consist of one or more of any of the following t3^es of requirements: "(1) Requirements expressed in terms of performance requirements.

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