May 29, 1968 - 21 Pub. Law 90-32182 STAT, 166 research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (e) When the Commission finds that publication of any information obtained by it is in the public interest and would not give an unfair competitive advantage to any person, it may publish the information in the form and manner deemed best adapted for public use, except that data and information which would separately disclose the business transactions of any person, trade secrets, or names of customers shall be held confidential and shall not be disclosed by the Commission or its staff. The Commission shall permit business firms or individuals reasonable access to documents furnished by them for the purpose of obtaining or copying those documents as need may arise. (f) The Commission may delegate any of its functions to individual members of the Commission or to designated individuals on its staff and to make such rules and regulations as are necessary for the conduct of its business, except as otherwise provided in this title. § 406. Administrative arrangements (a) The Commission may, without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service or to classification and General Schedule pay rates, appoint and fix the compensation of an executive director. The executive director, with the approval of the Commission, shall employ and fix the compensation of such additional personnel as may be necessary to carry out the functions of the Commission, but no individual so appointed may receive compensation in excess of the rate authorized for GS-18 under the General Schedule. 81 Stat. 625. 5 USC 5332. (b) The executive director, with the approval of the Commission, may obtain services in accordance with section 3109 of title 5 of the 80 Stat. 416. United States Code, but at rates for individuals not to exceed $100 per diem. (c) The head of any executive department or independent agency Personnel of the Federal Government may detail, on a reimbursable basis, any detail. of its personnel to assist the Commission in carrying out its work. (d) Financial and administrative services (including those related to budgeting and accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator of General Services. The regulations of the General Services Administration for the collection of indebtedness of personnel resulting from erroneous payments apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of that Administration for the administrative control of funds apply to appropriations of the Commission. (e) Ninety days after submission of its final report, as provided in Termination of section 404 (b), the Commission shall cease to exist. § 407. Authorization of appropriations There are authorized to be appropriated such sums not in excess of $1,500,000 as may be necessary to carry out the provisions of this title. Any money so appropriated shall remain available to the Commission until the date of its expiration, as fixed by section 406(e). Sec. TITLE V-GENERAL PROVISIONS 501. Severability. 502. Captions and catchlines for reference only. 03. Grammaticul usages. 304. Effective dates. Commission. Pub. Law 90-321 82 STAT, 167 Ante, pp. 152, 157. Ante, p. 162. 8501. Severability If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications. § 502. Captions and catchlines for reference only Captions and catchlines are intended solely as aids to convenient reference, and no inference as to the legislative intent with respect to any provision enacted by this Act may be drawn from them. § 503. Grammatical usages In this Act: (1) The word "may" is used to indicate that an action either is authorized or is permitted. (2) The word "shall" is used to indicate that an action is both authorized and required. (3) The phrase "may not" is used to indicate that an action is both unauthorized and forbidden. (4) Rules of law are stated in the indicative mood. 8504. Effective dates (a) Except as otherwise specified, the provisions of this Act take effect upon enactment. (b) Chapters 2 and 3 of title I take effect on July 1, 1969. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 1040 (Comm. on Banking & Currency) and SENATE REPORT No. 392 (Comm. on Banking & Currency). Vol. 113 (1967): July 11, considered and passed Senate. passed House, amended, in lieu of H. R. 11601. RAIL PASSENGER SERVICE ACT OF 1970 (PERTINENT PROVISIONS) Public Law 91-518, as amended, 84 Stat. 1327; 54 Stat. 905, 45 U.S.C. 501 et seq. (1970) Summary and Description The Rail Passenger Service Act of 1970 establishes a program to provide Federal assistance to certain railroads to permit the orderly transfer of railroad passenger service to a railroad passenger corporation. Section 565 (b) provides that no contract between a railroad and the corporation may be made unless the Secretary of Labor has certified that fair and equitable arrangements have been made to protect the interest of employees of such railroads. The protective arrangements specified in section 565 of the Act are identical to those prescribed under the Urban Mass Transportation Act (see p. 685). Text of Act (Sections refer to P.L. 91-518) TITLE I-FINDINGS, PURPOSES, AND DEFINITIONS Sec. 101. Congressional Findings and Declaration of Purpose. The Congress finds that modern, efficient, intercity railroad passenger service is a necessary part of a balanced transportation system; that the public convenience and necessity require the continuance and improvement of such service to provide fast and comfortable transportation between crowded urban areas and in other areas of the country; that rail passenger service can help to end the congestion on our highways and the overcrowding of airways and airports; that the traveler in America should to the maximum extent feasible have freedom to choose the mode of travel most convenient to his needs; that to achieve these goals requires the designation of a basic national rail passenger system and the establishment of a rail passenger corporation for the purpose of providing modern, efficient, intercity rail passenger service; that Federal financial assistance as well as investment capital from the private sector of the economy is needed for this purpose; and and that interim emergency Federal financial assistance to certain railroads may be necessary to permit the orderly transfer of railroad passenger service to a railroad passenger corporation. Sec. 102. Definitions. For the purposes of this Act (1) "Railroad" means a common carrier by railroad, as defined in section 1(3) of part I of the Interstate Commerce Act, as amended (49 U.S.C. 1(3)) other than the corporation created by title III of this Act. (2) "Secretary" means the Secretary of Transportation or his delegate unless the context indicates otherwise. (3) "Commission" means the Interstate Commerce Commission. (4) "Basic system" means the system of intercity rail passenger service designated by the Secretary under title II and section 403 (a) of this Act. (5) "Intercity rail passenger service" means all rail passenger service other than (A) 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, and (B) auto-ferry service characterized by transportation of automobiles and their occupants where contracts for such service have been consummated prior to enactment of this Act. (6) "Avoidable loss" means the avoidable costs of providing passenger service, less revenues attributable thereto, as determined by the Interstate Commerce Commission pursuant to the provisions of section 553 of title 5, United States Code. (7) "Corporation" means the National Railroad Passenger Corporation created under title III of this Act. (8) "Regional transportation agency" means an authority, corporation, or other entity established for the purpose of providing passenger service within a region. Sec. 405. Protective Arrangements for Employees. (a) A railroad shall provide fair and equitable arrangements to protect the interests of employees affected by discontinuances of intercity rail passenger service whether occurring before, on, or after January 1, 1975. A "discontinuance of intercity rail passenger service" shall include any discontinuance of service performed by railroad under any facility or service agreement under sections. and of this Act pursuant to any modification or termination thereof or an assumption of operations by the Corporation. (b) Such protective arrangements shall include, without being limited to, such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) to such employees under existing collective bargaining agreements or otherwise; (2) the continuation of collectivebargaining rights; (3) the protection of such individual employees against a worsening of their positions with respect to their employment; (4) assurances of priority of reemployment of employees terminated or laid off; and (5) paid training or retraining programs. Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those established pursuant to section 5 (2) (f) of the Interstate Commerce Act. Any contract entered into pursuant to the provisions of this title shall specify the terms and conditions of such protective arrangements. No contract under section 401 (a) (1) of this Act between a railrail and the Corporation may be made unless the Secretary of Labor has certified to the Corporation that the labor protective provisions of such contract afford affected employees fair and equitable protection by the railroad. |