The text of the bill below is as of May 26, 1975 (Passed Congress).
You are reading a bill enacted 17,469 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
89 STAT. 90 PUBLIC LAW 94-25—MAY 26, 1975
Public Law 94-25
94th Congress
An Act
May 26, 1975 To amend the Rail Tassenger Service Act to provide financial assistance to the
[H.R. 4975] National Railroad Passenger Corporation, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
Amtrak United States of America in Congress assembled. T h a t this Act may
Improvement Act be cited as the " A m t r a k Improvement Act of 1975".
of 1975. SEC. 2. Section 303(d) of the Kail Passenger Service Act (45 U.S.C.
45 u s e 501 note.
5 4 3 ( d ) ) , relating to officers of the Corporation, is amended by insert-
ing immediately before the period at the end of the t h i r d sentence
thereof the following: " ; except that this limitation upon compensa-
tion shall not apply in the case of the president of the Corporation
if the board determines with respect to such officer t h a t a higher level
of compensation is necessary and is not higher than $85,000 or the gen-
eral level of compensation paid officers of railroads in positions of
comparable responsibility, whichever is lesser".
SEC. 3. Section 305 of such Act (45 U.S.C. 545), relating to general
powers of the Corporation, is amended by striking out subsection ( f ) ,
as added by section 4 of the A m t r a k Improvement Act of 1974 (88
Stat. 1527), and inserting in lieu thereof the following:
Customs " ( h ) T h e Secretary of the Treasury and the Attorney General shall
inspection and (consistent with the effective enforcement of the immigration and
immigration customs laws) establish and maintain, in cooperation with the Corpo-
procedures. ration, en route customs inspection and immigration procedures aboard
trains operated in international intercity rail passenger service, which
procedures will be convenient for passengers and will result in the most
rapid possible transit in international intercity rail passenger service.".
SEC. 4. (a) The first sentence of section 308(b) of such Act (45 U.S.C.
548 ( b ) ) , relating to reports, is amended by striking out "the preceding-
year" and inserting in lieu thereof "the preceding fiscal year".
(b) Sectioji 308(c) of such Act (45 U.S.C. 5 4 8 ( c ) ) , relating to
reports, is amended by adding at the end thereof the following new
sentence: "Beginning in 1976, the Secretary's report on the Corpora-
tion shall be made p a r t of the Department of Transportation annual
report to the Congress."
Experimental SEC. 5. Section 403(c) of such Act (45 U.S.C. 5 6 3 ( c ) ) , relating to
routes. experimental routes, is amended—
(1) by striking out "the Secretary" in the first sentence and in
the t h i r d sentence and inserting in lieu thereof in each such sen-
tence "the Board of Directors"; and
(2) by inserting immediately after "the Secretary" in the sec-
ond sentence ", in consultation with the Board of Directors,".
Seasonal routes, SEC. 6. Section 403(b) of such Act (45 U.S.C. 563(b)) is amended
studies. by adding at the end thereof the following new sentence: " T h e Corpo-
ration, at the request of States, may conduct studies during the fiscal
year ending J u n e 30, 1976', to determine benefits of seasonal routes to
recreational areas.
Discontinuance SEC. 7. Section 404(b) of such Act (45 U.S.C. 5 6 4 ( b ) ) , relating
of service. to discontinuance of service, is amended—
(1) by striking out " J u l y 1, 1975" in p a r a g r a p h (1) and para-
g r a p h (3) and inserting in lieu thereof in each such p a r a g r a p h
"October 1, 1976"; and
(2) by striking out " J u l y 1, 1975" in the second sentence of
p a r a g r a p h (2) and inserting in lieu thereof "March 1, 1977".
SEC. 8. Section 404 of such Act (45 U.S.C. 564), relating to discon-
tinuance of service, is amended by adding at the end thereof t h e
following new subsection:
PUBLIC LAW 94-25—MAY 26, 1975 89 STAT, 9 1
" ( c ) (1) W i t h i n 120 days after the date of enactment of this sub- Criteria and
section, the board of directors of the Corporation shall study, develop, procedures,
and submit to the Secretary, to the Commission, and to the Congress an submittal to
initial proposal setting forth criteria and procedures under which the Secretary of
Transportation,
Corporation would be authorized to add or discontinue routes and Interstate
services. Such criteria a n d procedures shall include, but need not be Commerce
limited to— Commission, and
" ( A ) methods for evaluating the economic and environmental Congress.
impact of any addition or discontinuance of intercity rail passen-
ger service including an evaluation of the economic impact to the
Corporation and to the nation of the addition of new service points
along existing or new inter-city routes within the Northeast
Corridor;
" ( B ) methods for evaluating the effects of any such addition
or discontinuance on connecting p a r t s of the national system of
intercity rail passenger service;
" ( C ) methods for estimating, with respect to any such addition
or discontinuance, the population to be aifected, the demand for
intercity rail passenger service, the revenue per passenger mile,
and the effect on capital costs and revenue of the Corporation;
" ( D ) methods for evaluating the availability of alternative
modes of transportation;
" ( E ) methods for giving public notice of, and obtaining public
comments on, any such addition or discontinuance; and
" ( F ) methods for establishing a priority ranking system for
routes and trains to meet the needs of the public convenience and
necessity for a balanced tranportation system, taking into consid-
eration the criteria and procedures referred to in subparagraphs
( A ) t h r o u g h ( E ) of this p a r a g r a p h , together with such other
criteria as the board of directors deems appropriate.
" ( 2 ) W i t h i n 150 days after the date of enactment of this subsection, Comments and
the Secretary and the Commission shall submit to the Congress and to recommen-
the board of directors of the Corporation their comments on the initial dations, submittal
proposal setting forth criteria and procedures developed by the board to Congress and
of directors of the Corporation, together with such recommendations National Railroad
as they may deem appropriate.
Corporation.
" (3) W i t h i n 30 days after receipt of comments submitted by the Sec- Final proposal,
retary and the Commission under p a r a g r a p h (2) of this subsection, the submittal to
board of directors of the Corporation shall consider such comments Congress.
and shall submit to the Congress a final proposal setting forth criteria
and procedures under which the Corporation would be authorized to
add or discontinue routes and services within the national system of
intercity rail passenger service. The criteria and procedures set forth
in such final proposal 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 Representa-
tives adopts a resolution during such period stating t h a t it does not
approve such final proposal. If no resolution is adopted as provided
in the preceding sentence, the Corporation may add or discontinue
routes and services in accordance with the criteria and procedures set
forth in the final proposal, notwithstanding the provisions of section
13a of the Interstate Commerce Act or of section 404(b) (3) of this 49 u s e 13a.
Act, relating to discontinuance of service within the basic system. Ante, p. 90.
Service beyond the basic system referred to in section 404(b) (2) of
this Act shall not be discontinued under this subsection until March 1,
1977. F o r purposes of this p a r a g r a p h , continuity of session of the
Congress is broken only by an adjournment sine die, and the days on
which either House is not in session because of an adjournment of more
t h a n 3 days to a day certain are excluded from t h e computation of the
60-day period.".
89 STAT. 92 PUBLIC LAW 94-25—MAY 26, 1975
Financial SEC. 9. Such Act is amended by striking out title V, relating to the
investment financial investment advisory panel (45 U.S.C. 581-583).
advisory panel. SEC, 10. Section oOl(a) of such Act (45 U.S.C. 6 0 1 ( a ) ) , relating to
Appropriation
authorization.
authorization of appropriations, is amended—
(1) by striking out "in subsequent fiscal years a total of
$534,300,000" in the first sentence and inserting in lieu thereof
"in subsequent fiscal years t h r o u g h J u n e 30, 1975, a total of
$597,300,000"; and
(2) by inserting immediately after the first sentence the fol-
lowing " T h e r e are authorized to be appropriated to t h e Secretary
for the benefit of the Corporation (1) for the payment of operat-
ing expenses for the basic system, and for operating and capital
expenses of intercity rail passenger service provided pursuant to
45 u s e 563. section 403(b) of this Act, $350,000,000 for fiscal vear 1976,
$105,000,000 for the transition period of J u l y 1, 1976, t h r o u g h
September 30, 1976 (hereafter in this section referred to as the
'transition period^) and $.355,000,000 for fiscal year 1977; and (2)
for the payment of capital expenditures of the basic system,
$110,000,000 for fiscal year 1976; $25,000,000 for the transition
period; and $110,000,000 for fiscal year 1977. Of the amounts
authorized by clause (1) of the preceding sentence, not more t h a n
$25,000,000 for fiscal year 1976, $7,000,000 for the transition
period, and $30,000,000 for fiscal year 1977 shall be available for
payment of operating and capital expenses of intercity rail pas-
senger service provided pursuant to section 403(b) of this Act.".
Guarantee of SEC. 11. Section 602 of such Act (45 U.S.C. 602), relating to guar-
loans. antee of loans, is amended—
(1) by striking out subsection (a) and inserting in lieu thereof
the following:
" ( a ) The Secretary is authorized, on such terms and conditions as
he may prescribe, and with the approval of the Secretary of the Treas-
ury, to guarantee any lender or lessor against loss of principal and
interest or other contractual commitments, including rentals, on secu-
rities, obligations, leases, or loans (including refinancing thereof)
issued to finance the u p g r a d i n g of roadbeds, and the purchase or lease
by the Corporation or an agency of new rolling stock, rehabilitation of
existing rolling stock, reservation systems, switch and signal systems,
and other capital equipment and facilities necessary for the improve-
ment of rail passenger service. T h e m a t u r i t y date or t e r m of such
securities, obligations, leases, or loans, including all extensions and
renewals thereof, shall not be later than 20 years from their date of
issuance.";
(2) by striking out subsection (c) and inserting in lieu thereof
the following:
" ( c ) A n y guarantee made by the Secretary under this section shall
not be terminated, canceled or otherwise revoked; shall be conclusive
evidence t h a t such guarantee complies fully with the provisions of this
Act and of the approval and legality of the principal amount, inter-
est rate, lease rate, and all other terms of the securities, obligations,
leases, or loans and of the guarantee, and shall be valid and incon-
testable in the hands of a holder of a guaranteed security, obligation,
lease, or loan, except for fraud or material misrepresentation on the
p a r t of such holder.";
(3) by striking out "obligations, or loans" in subsection ( d )
and inserting in lieu thereof "obligations, leases, or loans";
(4) by striking out "obligation, or loan" each place it appears
in subsection (g) and inserting in lieu thereof in each such place
"obligation, lease, or l o a n " ; and
(5) by striking out "a loan" in subsection (i) and inserting in
lieu thereof "a lease or loan".
PUBLIC LAW 94-25—MAY 26, 1975 89 STAT. 91
SEC. 12. Section r01(c)(l) of such Act (45 U.S.C. 621(c)(1)), Liquidation of
relating to liquidation of the assets of any railroad recipient of a assets.
loan or loan guarantee, is amended by adding at the end thereof the
following new sentence: "In the case of a railroad in reorganization
(as defined in section 102(12) of the Regional Rail Reorganization
Act of 1973) which has an agreement with the Corporation to provide 45 use 702.
intercity rail passenger service on the date of enactment of this sen-
tence, the sale by such railroad of any right-of-way or track over
which the Corporation is required to provide intercity rail passenger
service on such date of enactment (as an experimental route designated
by the Secretary before such date of enactment) shall be deemed to
be a liquidation of the assets of such railroad under the first sentence
of this paragraph, and the Secretary shall acquire such right, title,
and interest in such right-of-way or track, and restore it to such
condition, as may be necessary to permit the Corporation to provide
intercity rail passenger service over the designated route.".
SEC. 13. Section 4(i) (2) of the Department of Transportation Act, Railroad terminal
as added by the Amtrak Improvement Act of 1974 (94 U.S.C. 1653 conversion,
_(i) (2)), is amended by striking out the last two sentences and insert- grants, limitation.
ing in lieu thereof the following: "Any grant made by the Secretary 49 use 1653.
under this paragraph shall not exceed 60 per centum of the total cost
of conversion of a railroad passenger terminal into an intermodal
transportation terminal.".
Approved May 26, 1975.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94-119 (Comm. on Interstate and Foreign Commerce).
SENATE REPORT No. 94-65 accompanying S. 852 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 24, considered and passed House.
May 8, 13, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 22:
May 26, Presidential statement.
