The text of the bill below is as of May 26, 1975 (Passed Congress).
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.