§ 228s-1. Waiver of annuities and pensions.

Any person awarded an annuity or pension under this subchapter of this title may decline to accept all or any part of such annuity or pension by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the annuity or pension waived shall be made covering the period during which such waiver was in effect. Such waiver shall have no effect on the amount of the spouse's annuity, or of a lump sum under section 228c (f) (2) of this title, which would otherwise be due, and it shall have no effect for purposes of the last sentence of section 228e(g) (1) of this title. (June 24, 1937, ch. 382, pt. I, § 20, as added Aug. 31, 1954, ch. 1164, pt. I, § 15, 68 Stat. 1040, and amended May 19, 1959, Pub. L. 86-28, pt. I, § 4, 73 Stat. 28; Aug. 29, 1959, Pub. L. 86-211, § 8(c), 73 Stat. 436; Oct. 30, 1966, Pub. L. 89-700, title I, § 110, 80 Stat. 1085.)

(b) Certification as qualified railroad retirement beneficiary.

Except as otherwise provided in this section, every individual who

(1) has attained age 65, and

(2) (A) is entitled to an annuity under this subchapter, or (B) would be entitled to such an annuity had he ceased compensated service and, in the case of a spouse, had such spouse's husband or wife ceased compensated service, or (C) had been awarded a pension under section 228f of this title, or (D) bears a relationship to an employee which, by reason of section 228c (e) of this title has been, or would be, taken into account in calculating the amount of an annuity of such employee or his survivors,

shall be certified to the Secretary of Health, Education, and Welfare as a qualified railroad retirement beneficiary under section 226 of the Social Security Act.

which the first proviso of section 228c (e) of this title could have applied on the basis of an application which has been filed under paragraph 4 or 5 of section 228b(a) of this title, and are currently entitled to such annuities, or who are entitled to annuities under paragraph 2 or 3 of section 228b(a) of this title, and could have been paid annuities for not less than 24 consecutive months under section 223 of the Social Security Act if their service as employees were included in the term "employment" as defined in that Act, or

(2) who have been entitled to annuities under section 228e (a) of this title on the basis of disability, or could have been so entitled had they not been entitled on the basis of age or had they not been entitled under section 228e(b) of this title on the basis of having the custody of children, for not less than 24 consecutive months during each of which the first proviso of section 228c (e) of this title could have been applied on the basis of disability if an application for disability benefits had been filed, or

(3) who have been entitled to annuities for not less than 24 consecutive months under section 228e (c) of this title on the basis of a disability (within the meaning of section 228e (l) (1) (ii) of this title) or who could have been includible as disabled children for not less than 24 consecutive months in the computation of an annuity under the first proviso in section 228c (e) of this title and could currently be includible in such a computation,

shall be certified by the Board in the same manner, for the same purposes, and subject to the same conditions, restrictions, and other provisions as individuals specifically described in section 228s-2 of this title, and also subject to the same conditions, restrictions, and other provisions as are disability beneficiaries under title II of the Social Security Act in connection with their eligibility for hospital insurance benefits under part A of title XVIII of such Act and their eligibility to enroll under part B of such title XVIII; and for the purposes of this subchapter and title XVIII of the Social Security Act, individuals certified as provided in this section shall be considered individuals described in and certified under such section 228s-2 of this title. Notwithstanding the other provisions of this section it shall not apply to any individual who could not be taken into account on the basis of disability in calculating the annuity under the first proviso of section 228c (e) of this title without regard to the second paragraph of such section. (Aug. 29, 1935, ch. 812, § 22, as added Oct. 30, 1972, Pub. L. 92-603, title II, § 201(d), 86 Stat. 1373.)

REFERENCES IN TEXT

Section 223 of the Social Security Act, referred to in par. (1), is classified to section 423 of Title 42, The Public Health and Welfare.

That Act, referred to in par. (1), is the Social Security Act, which is classified to chapter 7 of Title 42.

Title II of the Social Security Act, referred to in the text, is classified to section 401 et seq. of Title 42. Title XVIII of the Social Security Act, referred to in the text, is classified to section 1395 et seq. of Title 42.

Part A of title XVIII of such Act, referred to in the text, is part A of subchapter XVIII of the Social Security Act, which is classified to section 1395c et seq. of Title 42.

Part B of such title XVIII, referred to in the text, is part B of subchapter XVIII of the Social Security Act, which is classified to section 1395j et seq. of Title 42.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 426.

§ 228z. Increase in pensions, joint and survivor annuities awarded before July 1, 1956, and annuities under 1935 Act.

All pensions under section 228f of this title, all joint and survivor annuities and survivor annuities deriving from joint and survivor annuities under this subchapter awarded before July 1, 1956, and all annuities under the Railroad Retirement Act of 1935 are increased by 10 per centum. (Aug. 7, 1956, ch. 1022, § 3, 70 Stat. 1076.)

CODIFICATION

Section is set out in this supplement to correct translations therein.

§ 228z-1. Additional increase in pensions, joint and survivor annuities, widows' and widowers' insurance annuities, and annuities under 1935 Act.

All pensions under section 228f of this title, all joint and survivor annuities and survivor annuities deriving from joint and survivor annuities under this subchapter, awarded before the month next following the month of enactment of this act, all widows' and widowers' insurance annuities which began to accrue before the second calendar month next following the month of such enactment, and which, in accordance with the proviso in section 228e (a) or section 228e (b) of this title, are payable in the amount of the spouse's annuity to which the widow or widower was entitled, and all annuities under the Railroad Retirement Act of 1935, are increased by 10 per centum. (Pub. L. 86-28, pt. I, § 5, May 19, 1959, 73 Stat. 28.)

CODIFICATION

Section is set out in this supplement to correct translations therein.

Chapter 11.-RAILROAD UNEMPLOYMENT

INSURANCE

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 228k, 772 of this title.

§ 362. Duties and powers of Board.

TERMINATION OF ADVISORY COMMITTEES Advisory Committees in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organizations and Employees.

Chapter 13.-RAILROAD SAFETY

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 49 section 1.

§ 441. Authorization of appropriations.

There is authorized to be appropriated to carry out the provisions of this subchapter not to exceed $19,440,000 for the fiscal year ending June 30, 1974. (As amended Pub. L. 93-90, § 2, Aug. 14, 1973, 87 Stat. 305.)

AMENDMENTS

1973-Pub. L. 93-90 substituted authorization of appropriation of amount not exceeding $19,440,000 for the fiscal year ending June 30, 1974, for authorization of appropriations of amount not exceeding $21,000,000 for each of the fiscal years ending June 30, 1971, June 30, 1972 and June 30, 1973.

SHORT TITLE

Section 1 of Pub. L. 93-90 provided: "That this Act [amending this section and section 1762 of Title 49, and enacting provisions set out as a note under section 1762 of Title 49] may be cited as the 'Federal Railroad Safety Authorization Act of 1973'."

Chapter 14.-RAIL PASSENGER SERVICE SUBCHAPTER VIII.-MISCELLANEOUS PROVISIOINS

Sec.

645. Report by Secretary of Transportation [New]. SUBCHAPTER I.-GENERAL PROVISIONS § 502. Definitions.

For the purposes of this chapter

(5) "Intercity rail passenger service" means all rail passenger service other than commuter and other short-haul service in metropolitan and suburban areas, usually characterized by reduced fare, multiple-ride and commutation tickets, and by morning and evening peak period operations.

(9) "Auto-ferry service" means intercity rail passenger service characterized by transportation of automobiles and their occupants. (As amended Pub. L. 93-146, § 2, Nov. 3, 1973, 87 Stat. 548.)

AMENDMENTS

1973-Par. (5). Pub. L. 93–146, § 2(1), struck out provisions under which auto-ferry service had been included within the term "intercity rail passenger service". See par. (9).

Par. (9). Pub. L. 93-146, § 2(2), added par. (9) consisting of provisions covering auto-ferry service formerly set out in par. (5) but altered by the deletion of requirement that such auto-ferry service be pursuant to contracts consummated prior to enactment of Pub. L. 91-518.

SHORT TITLE OF 1973 AMENDMENT

Section 1 of Pub. L. 93-146 provided: "That this Act [amending this section and sections 543, 545, 546, 548, 561, 562, 563, 564, 601, 602, and 641 of this title and enacting provisions set out as a note under section 543 of this title] may be cited as the 'Amtrak Improvement Act of 1973'." SUBCHAPTER III.-NATIONAL RAILROAD

PASSENGER CORPORATION

§ 543. Directors and officers.

(a) (1) The Corporation shall have a board of directors consisting of seventeen individuals who are citizens of the United States selected as follows:

(A) The Secretary of Transportation, ex officio. (B) Nine members appointed by the President, by and with the advice and consent of the Senate, to serve for terms of four years or until their successors have been appointed and qualified, of whom not more than five shall be appointed from the same political party.

(C) Three members elected annually by the common stockholders of the Corporation.

(D) Four members elected annually by the preferred stockholders of the Corporation, which

members shall be elected as soon as practicable after the first issuance of preferred stock by the Corporation.

(2) Any vacancy in the membership of the board shall be filled in the same manner as in the case of the original selection; except that any member appointed by the President under paragraph (1)(B) of this subsection to fill a vacancy shall be appointed only for the unexpired term of the member he is appointed to succeed.

(3) The board shall elect one of its members annually to serve as Chairman.

(4) Not less than three members appointed by the President shall be designated by him, at the time of their appointment, to serve as consumer representatives, of whom not more than two shall be members of the same political party.

(5) Each member not employed by the Federal Government shall receive compensation at the rate of $300 for each meeting of the board he attends. In addition, each member shall be reimbursed for necessary travel and subsistence expenses incurred in attending meetings of the board.

(6) No member elected by railroads shall vote on any action of the board relating to any contract or operating relationship between the Corporation and a railroad, but he may be present at meetings of the board at which such matters are voted upon, and he may be included for purposes of determining a quorum and may participate in discussions at any such meeting.

(7) No member appointed by the President may(A) have any direct or indirect financial or employment relationship with any railroad, nor

(B) have any significant direct or indirect financial relationship, or any direct or indirect employment relationship, with any person engaged in the transportation of passengers in competition with the Corporation, during the time that he serves on the board.

(8) Pending the election of the four members by the preferred stockholders of the Corporation under paragraph (1) (D) of this subsection, seven members shall constitute a quorum for the purpose of conducting the business of the board.

(9) Any vacancy in the membership of the board of directors required to be filled by appointment by the President under paragraph (1)(B) of this subsection shall be filled by the President not more than one hundred and twenty days after such vacancy

occurs.

(d) Appointment; tenure; duties of president and other officers.

The Corporation shall have a president and such other officers as may be named and appointed by the board. The rates of compensation of all officers shall be fixed by the board. No officer of the Corporation shall receive compensation at a rate in excess of that prescribed for level I of the Executive Schedule under section 5312 of Title 5. Officers shall serve at the pleasure of the board. No individual other than a citizen of the United States may be an officer of the Corporation. No officer of the Corporation may have any direct or indirect employment or financial relationship with any railroad during the time of his em

ployment by the Corporation. (As amended Pub. L. 92-316, § 1(a), June 22, 1972, 86 Stat. 227; Pub. L. 93-146, § 3 (a), Nov. 3, 1973, 87 Stat. 548.)

AMENDMENTS

1973. Subsec. (a). Pub. L. 93-146 restructured the Board of Directors by increasing the number of members from 15 to 17, the number of Presidential appointees from 8 to 9, and the number of consumer representatives from 1 to 3, added requirement that the Presidential appointees be on a bi-partisan basis, added a conflict of interest provision prohibiting any Presidential appointee from having any direct or indirect financial or employment relationship with any railroad or significant direct or indirect financial relationship or direct or indirect employment relationship with any person engaged in transportation of passengers in competition with the National Railroad Passenger Corporation, and directed the President to fill all his appointments to the Board within 120 days after vacancies occur.

1972 Subsec. (d). Pub. L. 92-316 prohibited any officer of the Corporation from receiving compensation at a rate in excess of that prescribed for level I of the Executive Schedule.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 13 of Pub. L. 92-316 provided that: "The amendments made by this Act [which enacted section 645 of this title, amended sections 543 (d), 545, 546, 548, 562, 563(a), 565, 601, 602, and 644 of this title, and enacted provisions set out as notes under this section and section 602 of this title] shall be effective upon enactment [June 22, 1972].” TERMINATION OF BOARD OF DIRECTORS SERVING ON NOVEMBER 3, 1973

Section 3(b) of Pub. L. 93-146 provided that: "(1) Notwithstanding any other provisions of law, the term of each member of the board of directors appointed by the President under section 303 (a) of the Rail Passenger Service Act of 1970 [subsec. (a) of this section] (as in effect on the day before the date of enactment of this Act [Nov. 3, 1973]) who is serving under such appointment on such date of enactment [Nov. 3, 1973], shall expire on the thirtieth day after such date of enactment [Nov. 3, 1973], except that each such member so serving shall continue to serve until his successor is appointed and qualified or until the expiration of the one-hundred-twenty-day period beginning on the thirtieth day after such date of enactment [Nov. 3, 1973], whichever first occurs. No members of the board of directors referred to in the preceding sentence shall be ineligible for appointment as such a member after the date of enactment of this Act [Nov. 3, 1973] solely by reason of the enactment of such preceding sentence.

"(2) Notwithstanding section 303 (a) (1) (B) of the Rail Passenger Service Act of 1970 [subsec. (a) (1) (B) of this section], of the members of the board of directors first appointed by the President under such section 303 (a) (1) (B) [subsec. (a) (1) (B) of this section], three shall be appointed to serve for terms of two years and three shall be appointed to serve for terms of three years." COMPENSATION OF OFFICERS OF CORPORATION; REDUCTION; NET PROFITS AS SOURCE FOR PAYMENTS EXCEEDING LEVEL I OF THE EXECUTIVE SCHEDULE

Section 1(b) of Pub. L. 92-316 provided that: "No individual serving as an officer of the National Railroad Passenger Corporation on the date of enactment of this Act [June 22, 1972] shall have his rate of compensation as such officer reduced solely by reason of the enactment of the amendment made by subsection (a) of this section [to subsec. (d) of this section]: Provided, however, That compensation to any officer of the Corporation in excess of level I of the Executive Schedule, shall be paid only from net profits of the Corporation."

§ 545. General powers.

(a) Corporate powers attendant to operation of intercity trains for the transportation of passengers, mail, and express.

The Corporation is authorized to own, manage, operate, or contract for the operation of intercity

trains operated for the purpose of providing modern, efficient intercity transportation of passengers and to carry mail and express on such trains; to conduct research and development related to its mission; and to acquire by construction, purchase, or gift, or to contract for the use of, physical facilities, equipment, and devices necessary to rail passenger operations. Insofar as practicable, the Corporation shall directly operate and control all aspects of its rail passenger service. To carry out its functions and purposes, the Corporation shall have the usual powers conferred upon a stock corporation by the District of Columbia Business Corporation Act.

(b) Revenue increases; auto-ferry service; assistance of Federal departments and agencies. The Corporation shall take such actions as may be necessary to increase its revenues from the carriage of mail and express. In order to increase revenues and to better accomplish the purposes of this chapter, the Corporation is authorized to modify its services to provide auto-ferry service as a part of the basic passenger services authorized by this chapter, except that nothing contained in this chapter shall prevent any other person, other than a railroad (except that for purposes of this section a person primarily engaged in auto-ferry service shall not be deemed to be a railroad), from providing such autoferry service over any route in accordance with a certificate issued by the Commission if—

(1) the Commission finds that such auto-ferry service

(A) will not impair the ability of the Corporation to reduce its losses or to increase its revenues, and

(B) is required to meet the demands of the public, or

(2) such auto-ferry service is being performed by such person on November 3, 1973, under contracts entered into before October 30, 1970. Nothing in this section shall be construed to restrict the right of a railroad that has not entered into a contract with the Corporation for the provision of rail passenger service from performing auto-ferry service over its own lines. The Corporation is authorized to acquire, lease, modify, or develop the equipment and facilities required for the efficient provision of mail, express, and auto-ferry service, or to enter into contracts for the provision of such service. Upon request by the Corporation, Federal departments and agencies shall, consistent with the provisions of existing law, provide such assistance as may be necessary in carrying out the purposes of this subsection.

(c) Transportation of elderly or

individuals.

handicapped

The Corporation is authorized to take all steps necessary to insure that no elderly or handicapped individual is denied intercity transportation on any passenger train operated by or on behalf of the Corporation, including but not limited to, acquiring special equipment and devices and conducting special training for employees; designing and acquiring new equipment and facilities and eliminating architectural and other barriers in existing equipment and facilities to comply with the highest stand

ards for the design, construction, and alteration of property for the accommodation of elderly and handicapped individuals; and providing special assistance while boarding and alighting and in terminal areas to elderly and handicapped individuals. (d) Acquisition of property; declaration of taking; property compensation; procedures; transfer of title.

(1) The Corporation is authorized, to the extent financial resources are available, to acquire any right-of-way, land, or other property (except rightof-way, land, or other property of a railroad or property of a State or political subdivision thereof or of any other governmental agency), which is required for the construction of tracks or other facilities necessary to provide intercity rail passenger service, by the exercise of the right of eminent domain, in accordance with the provisions of this subsection, in the district court of the United States in which such property is located or in any such court if a single piece of property is located in more than one judicial district: Provided, That such right may only be exercised when the Corporation cannot acquire such property by contract or is unable to agree with the owner as to the amount of compensation to be paid.

(2) The Corporation shall file with the complaint, or at any time before judgment,. a declaration of taking containing or having annexed thereto

(A) a statement of the public use for which the property is taken;

(B) a description of the property taken sufficient for the identification thereof;

(C) a statement of the estate or interest in the property taken;

(D) a plan showing the property taken; and (E) a statement of the amount of money estimated by the Corporation to be just compensation for the property taken.

(3) Upon the filing of the declaration of taking and the depositing in the court of the amount of money estimated in such declaration to be just compensation for the property, the property shall be deemed to be condemned and taken for the use of the Corporation. Title to such property shall thereupon vest in the Corporation in fee simple absolute or in any lesser estate or interest specified in the declaration of taking, and the right to the money deposited as estimated just compensation shall immediately vest in the persons entitled thereto. The court, after a hearing, shall make a finding as to the amount of money which constitutes just compensation for such property and shall make an award and enter judgment accordingly. Such judgment shall include, as part of the just compensation awarded, interest on the amount finally awarded as the value of the property on the date of taking minus the amount deposited in the court on such date, at the rate of 6 per centum per annum from the date of taking to the date of payment.

(4) Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded exceeds the amount of the money received

by any person entitled to compensation, the court shall enter judgment against the Corporation for the amount of the deficiency.

(5) Upon the filing of a declaration of taking, the court may fix the time within which, and the terms upon which, the parties in possession are required to surrender possession to the Corporation. The court may make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. (e) Improvement of service and equipment; research and development; demonstration programs; international rail passenger service; other corporate purposes.

The Corporation is authorized to take all steps necessary to

(1) establish improved reservations systems and advertising;

(2) service, maintain, repair, and rehabilitate railroad passenger equipment;

(3) conduct research and development and demonstration programs respecting new rail

passenger services;

(4) develop and demonstrate improved rolling stock;

(5) establish and maintain essential fixed facilities for the operation of passenger trains on lines and routes included in the basic system, over which no through passenger trains are being operated on October 30, 1970, including necessary track connections between lines on the same or different railroads;

(6) purchase or lease railroad rolling stock;

(7) develop and operate international intercity rail passenger service between points within the United States and points in Canada and Mexico, including Montreal, Canada; Vancouver, Canada; and Nuevo Laredo, Mexico (for purposes of section 564(b) of this title, such international rail passenger service is service included within the basic system); and

(8) to carry out other corporate purposes. (As amended Pub. L. 92-316, § 2, June 22, 1972, 86 Stat. 228; Pub. L. 93-146, §§ 4-6, Nov. 3, 1973, 87 Stat. 549, 550.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-146, § 4, struck out requirement that the Corporation rely, consistent with prudent management of the affairs of the Corporation, upon railroads to provide the employees necessary to the operation and maintenance of its passenger trains and to the performance of all services and work incidental thereto, to the extent that the railroads are able to provide such employees and services in an economic and efficient

manner.

Subsec. (b). Pub. L. 93-146, § 5, inserted provisions relating to auto-ferry service and substitute provisions authorizing the Corporation to acquire, lease, modify, or develop the equipment and facilities required for the efficient provision of mail, express, and auto-ferry services, or to enter into contracts providing such services for provisions authorizing and directing the Corporation to acquire the equipment or to modify existing equipment for the efficient carriage of mail and express.

Subsecs. (c)-(e). Pub. L. 93-146, § 6, added subsecs. (c) to (e).

1972 Subsec. (a). Pub. L. 92-316, § 2(1), (2), designated existing provisions as subsec. (a) and required the Corporation, insofar as practicable, to directly operate and control all aspects of its rail passenger service.

Subsec. (b). Pub. L. 92-316, § 2(3), added subsec. (b).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-316 effective June 22, 1972, see section 13 of Pub. L. 92-316, set out as a note under section 543 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 561, 562, 565 of this title.

§ 546. Laws applicable.

(a) Corporation deemed common carrier subject to Interstate Commerce Act; exceptions.

The Corporation shall be deemed a common carrier by railroad within the meaning of section 1(3) of Title 49 and shall be subject to all provisions, including the provisions of section 22(1) of Title 49 other than those pertaining to—

(f) Travel by train.

All departments, agencies, and instrumentalities of the Federal Government shall, in authorizing travel in the continental United States for their employees or for members of the Armed Forces or commissioned services, treat travel by train (whether or not extra fare trains) on the same basis as travel by other authorized modes.

(g) Provisions of Freedom of Information Act.

The Corporation shall be subject to the provisions of section 552 of Title 5.

(h) Auto-ferry service; pre-emption of State law.

No common carrier by railroad may refuse to participate with the Corporation in providing auto-ferry service on the grounds that a State or local law or regulation makes the service unlawful; and neither the Corporation nor such railroad shall be subject to any fine, penalty, or other sanction for violation of a State or local law or regulation which has the effect of prohibiting or impairing the provision of auto-ferry service. (As amended Pub. L. 92-316, § 3, June 22, 1972, 86 Stat. 228; Pub. L. 93-146, §7, Nov. 3, 1973, 87 Stat. 551.)

AMENDMENTS

1973-Subsec. (h). Pub. L. 93-146 added subsec. (h). 1972 Subsec. (a). Pub. L. 92–316, § 3(a), inserted reference to the provisions of section 22(1) of the Interstate Commerce Act.

Subsecs. (f), (g). Pub. L. 92–316, § 3(b), added subsecs. (f) and (g).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-316 effective June 22, 1972, see section 13 of Pub. L. 92-316, set out as a note under section 543 of this title.

§ 548. Reports to the President and the Congress.

(a) (1) Not later than the eightieth day following the end of each calendar month, the Corporation shall transmit to the Congress and release to the public the following information applicable to its operations for such calendar month:

(A) Total itemized revenues and expenses. (B) Revenues and expenses of each train operated.

(C) Revenues and total expenses attributable to each railroad over which service is provided.

(2) Not later than the fifteenth day following the end of each calendar month, the Corporation shall transmit to the Congress and release to the public