Passenger Railroad Rebuilding Act of 1980
PL 96-254 (S.2253), enacted 05/30/1980

PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 399 
Public Law 96-254 
96th Congress 
An Act 
To amend the Railroad Revitalization and Regulatory Reform Act of 1976 to author-
ize additional appropriations for the Northeast Corridor improvement project and 
to require the Secretary of Transportation to begin development of energy effi-
cient rail passenger corridors, to provide for the protection of the employees of 
the Rock Island Railroad, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
TITLE I—ROCK ISLAND TRANSITION AND EMPLOYEE 
ASSISTANCE 
SHORT TITLE 
SEC. 101. This title may be cited as the "Rock Island Railroad 
Transition and Employee Assistance Act". 
CONGRESSIONAL FINDINGS 
SEC. 102. Congress hereby finds that— 
(1) uninterrupted continuation of services over Rock Island 
lines is dependent on adequate employee protection provisions 
covering Rock Island Railroad employees who are not hired by 
other railroads; 
(2) for those Rock Island Railroad employees not hired by other 
rail carriers, there is no other practicable means of obtaining 
funds to meet the necessary costs of such employee protection 
that are assumed by the Rock Island Railroad; 
(3) a cessation of necessary operations of the Rock Island 
Railroad would have serious repercussions on the economies of 
the States in which such railroad principally operates; and 
(4) premature cessation of services over lines which are the 
subject of pending purchase application would result in harm to 
the shipping public and could imperil continuation of vital 
commuter service. 
DEFINITIONS 
SEC. 103. As used in this title, the term— 
(1) "bankruptcy court" means the court having jurisdiction 
over the reorganization of the Rock Island Railroad; 
(2) "Board" means the Railroad Retirement Board; 
(3) "Commission" means the Interstate Commerce Commis-
sion; 
(4) "employee" includes any employee of the Rock Island 
Railroad as of August 1,1979, but does not include any individual 
serving as president, vice-president, secretary, treasurer, comp-
troller, counsel, member of the board of directors, or any other 
person performing such functions; 
May 30, 1980 
[S. 2253] 
Railroad 
Revitalization 
and Regulatory 
Reform Act of 
1976, 
amendment. 
Rock Island 
Railroad 
Transition and 
Employee 
Assistance Act. 
45 u s e 1001 
note. 
45 u s e 1001. 
45 u s e 1002. 
79-194 
O—81—pt. 1 
29 : QL3 
94 STAT. 400 
PUBLIC LAW 96-254—MAY 30, 1980 
45 u s e 1003. 
93 Stat. 1023. 
Directed service. 
93 Stat. 746. 
Post, p. 405. 
45 u s e 821. 
Trackage rights, 
compensation 
terms. 
(5) the term "Rock Island Railroad" means the Chicago, Rock 
Island and Pacific Railroad Company; and 
(6) the term "Secretary" means the Secretary of Transporta-
tion. 
SERVICE CONTINUATION 
SEC. 104. (a) Notwithstanding the provisions of section 11125 of title 
49, United States Code, or Public Law 96-131, the Commission shall 
order directed service for a period of not to exceed 90 days over any 
line of the Rock Island Railroad if the Secretary finds and certifies to 
the Commission that— 
(1) a lack of rail service exists which cannot be resolved by a 
grant of interim operating authority over such line and grains or 
foods are ready to be shipped to market; or 
(2) a lack of rail service exists which cannot be resolved by a 
grant of interim operating authority over such line and a rail 
carrier, shipper. State, or other interested party has expressed in 
writing to the Secretary an interest in purchasing, leasing, or 
rehabilitating the particular rail line or facility for purposes of 
providing rail services, and there is a reasonable expectation that 
such transaction will be consummated. 
OJXD Not more than $15,000,000 of the funds available for expendi-
ture by the Secretary out of the Railroad Rehabilitation and Improve-
ment Fund established under title V of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) may be 
made available by the Secretary to the Commission for purposes of 
providing directed service under this section and section 180?) of the 
Milwaukee Railroad Restructuring Act. 
(2) Funds may be made available for directed service under this 
section without regard to the findings of the Secretary required under 
title V of the Railroad Revitalization and Regulatory Reform Act of 
1976, and section 516 of such Act (45 U.S.C. 836) shall not apply to any 
directed service provided with such funds. 
(c) The terms of compensation for all trackage rights, joint facili-
ties, and similar arrangements between other rail carriers and the 
trustee of the Rock Island Railroad which are in effect on or after 
March 15,1980, on portions of the lines of the Rock Island Railroad 
involved in temporary emergency operations shall be continued in 
effect during the duration of the temporary emergency operating 
authority with the carrier providing temporary emergency service 
substituting for the trustee, except where the Rock Island Railroad 
has been given more favorable treatment by virtue of its bankruptcy. 
Such continuation shall not alter or affect the ultimate rights of 
other rail carriers under trackage rights, joint facilities, or similar 
arrangements nor prejudice the ultimate determination of any con-
troversy or proceeding concerning rights of the parties with regard 
to assignment by the trustee of rights in or to the facilities or under 
the arrangements. 
RAILROAD HIRING 
45 use 1004. 
SEC. 105. (a) Each person who is an employee of the Rock Island 
Railroad on August 1, 1979, and who, prior to January 1, 1981, is 
separated or furloughed (other than for cause) from his employment 
with such railroad, or from his employment with another rail carrier 
providing temporary service over lines of the Rock Island Railroad, as 
a result of a reduction of service by such railroad or such temporary 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 401 
service carrier shall, unless found to be less qualified than other 
applicants, have the first right of hire by any other rail carrier that is 
subject to regulation by the Commission for any vacancy that is not 
covered by (1) an affirmative action plan, or a hiring plan designed to 
eliminate discrimination, that is required by Federal or State statute, 
regulations, or Executive order, or by the order of a Federal or State 
court or agency, or (2) a permissible voluntary affirmative action 
plan. For purposes of this section, a rail carrier shall not be consid-
ered to be hiring new employees when it recalls any of its own fur-
loughed employees. 
(b) The rights afforded to Rock Island Railroad employees by this 
section shall be coequal to the rights afforded to Chicago, Milwaukee, 
Saint Paul and Pacific Railroad Company employees by section 8 of 
the Milwaukee Railroad Restructuring Act (45 U.S.C. 907). 
93 Stat. 740. 
EMPLOYEE PROTECTION AGREEMENTS 
SEC. 106. (a) No later than 10 days after the date of enactment of 
this Act, in order to avoid disruption of rail service and undue 
displacement of employees, the Rock Island Railroad and labor 
organizations representmg the employees of such railroad, with the 
assistance of the National Mediation Board, may enter into an 
agreement providing protection for employees of such railroad who 
are adversely affected as a result of a reduction in service by such 
railroad. Such employee protection may include, but need not be 
limited to, employee relocation incentive compensation, moving ex-
penses, and separation allowances. 
(b) If the Rock Island Railroad and the labor organizations repre-
senting the employees of such railroad are unable to enter into an 
employee protection agreement under subsection (a) of this section 
within 10 days after the date of enactment of this Act, the parties 
shall immediately submit the matter to the Commission. The Com-
mission shall impose upon the parties by appropriate order a fair and 
equitable arrangement with respect to employee protection no later 
than 30 davs after the date of enactment of this Act, unless the Rock 
Island Railroad and the authorized representatives of its employees 
have by then entered into a labor protection a^eement. For purposes 
of this subsection, the term "fair and equitable" means no less 
protective of the interests of employees than protection afforded 
under section 9 of the Milwaukee Railroad Restructuring Act (45 
U.S.C. 908), subject to the limitations set forth in section 110 of this 
title. 
(c) If an employee protection arrangement is imposed by the 
Commission under subsection O
t
)
) of 
this section, the bankruptcy court 
shall immediately authorize and direct the Rock Island Railroad 
trustee to, and the Rock Island Railroad trustee and the labor 
organizations representing the employees of 
the railroad shall, imme-
diately implement such arrangement. 
(d)(1) An order of the Commission under subsection (b) of this 
section may not be stayed by the Commission or by any court, and an 
order of the bankruptcy court under subsection (c) of this section may 
not be stayed by any other court. 
(2) Any order described in paragraph (1) of this subsection may be 
appealed only to the court of appeals of the United States having 
jurisdiction to review decisions and orders of the bankruptcy court. 
Any such appeal to such court of appeals shall be filed within 5 days 
after the date of entry of the order of the Commission or the 
45 u s e 1005. 
"Fair and 
equitable." 
93 Stat. 741. 
Commission or 
court orders, 
stays. 
Appeal. 
94 STAT. 402 
PUBLIC LAW 96-254—MAY 30, 1980 
Benefit and 
allowance 
claims. 
93 Stat. 742. 
bankruptcy court, as the case may be, and such court of appeals shall 
finally determine such appeal within 60 days after the date such 
appeal is filed. No determination by the court of appeals under this 
subsection may be reviewed in any other court. 
(e)(1) Any claim of an employee for benefits and allowances under 
an employee protection agreement or arrangement entered into 
under this section shall be filed with the Board in such time and 
manner as the Board by regulation shall prescribe. The Board shall 
determine the amount for which such employee is eligible under such 
agreement or arrangement and shall certify such amount to the Rock 
Island Railroad for payment. 
(2) Benefits and allowances under such agreement or arrangement 
entered into under this section shall be paid by the Rock Island 
Railroad from its own assets or in accordance with section 110 of this 
title, and claims of employees for such benefits and allowances shall 
be treated as administrative expenses of the estate of the Rock Island 
Railroad. 
(f) The first sentence of section 7(b)(7) of the Railroad Retirement 
Act of 1974 (45 U.S.C. 231f(b)(7)) is amended by striking out "and the 
Milwaukee Railroad Restructuring Act" and inserting in lieu thereof 
", the Milwaukee Railroad Restructuring Act, and the Rock Island 
Railroad Transition and Employee Assistance Act". 
Employee and 
employment 
lists, preparation 
and 
maintenance. 
45 u s e 1006. 
EMPLOYMENT OF ROCK ISLAND RAILROAD EMPLOYEES 
SEC. 107. (a) The Board shall prepare and maintain— 
(1) a list of employees separated from employment with the 
Rock Island Railroad who indicate a desire to appear on a list to 
be available to rail carriers; and 
(2) a list of employment, by class and craft, available with rail 
carriers, 
based upon information submitted to the Board by the Rock Island 
Railroad and other rail carriers. Upon the request of any rail carrier, 
the Board shall make available to such carrier a copy of the list 
described in paragraph (1) of this subsection. 
(b) The Board shall maintain the lists required by subsection (a) of 
this section through December 31,1984. 
Assistance and 
benefits, 
reception and 
waiver. 
45 u s e 1007. 
11 u s e 101. 
49 u s e 10101. 
Statement filing. 
ELECTION 
SEC. 108. (a) Any employee who receives any assistance under an 
employee protection agreement or arrangement entered into under 
section 106 of this title or any new career training assistance under 
section 119 of this title shall be deemed to waive any employee 
protection benefits otherwise available to such employee under the 
Bankruptcy Act, title 11 of the United States Code, subtitle IV of title 
49 of the United States'Code, or any applicable contract or 
agreement. 
(b) Any employee of the Rock Island Railroad who is entitled to 
receive assistance under this title shall, no later than April 1, 1981, 
file a statement with the Board indicating whether such employee 
elects to receive (1) assistance under this title; or (2) any employee 
protection benefits otherwise available to such employee under the 
Bankruptcy Act, title 11, United States Code, subtitle IV of title 49, 
United States Code, or any applicable contract or agreement. 
(c) With regard to any employee who elects benefits under subsec-
tion (b)(2) of this section, nothing in this title shall be deemed to 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 403 
determine or otherwise affect the priority, status, or timing of 
payment of, or the liabiHty for any claim for, employee protection 
which might have existed in the absence of this title. 
(d) An empolyee shall not be eligible to receive any assistance Assistance 
(other than moving expenses) under an employee protection agree- "Citations. 
ment or arrangement entered into under section 106 of this title or 
any new career training assistance under section 119 of this title— 
(1) during any period in which such employee is employed by 
any rail carrier providing temporary service over any lines of the 
Rock Island Railroad; or 
(2) at any time after the date such employee receives an offer of 
employment, in his craft and for which such employee is quali-
fied, from a rail carrier acquiring lines of the Rock Island 
Railroad. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 109. (a) Section 14(c) of the Milwaukee Railroad Restructuring 
Act (45 U.S.C. 913(c)) is amended— 
93 Stat. 743. 
(1) by inserting "and the Rock Island Railroad Transition and 
Employee Assistance Act" immediately after "this Act"; and 
(2) by adding at the end thereof the following new sentence: 
"Effective October 1,1980, there is authorized to be appropriated Effective date. 
to the Board an additional $1,000,000 to carry out its administra-
tive expenses under this Act and the Rock Island Railroad 
Transition and Employee Assistance Act.". 
Ante, p. 399. 
(b) Section 14(b) of the Milwaukee Railroad Restructuring Act (45 
U.S.C. 913(b)) is amended by adding at the end thereof the following 
new sentence: "Effective October 1, 1980, there is authorized to be Effective date. 
appropriated an additional $1,500,000 for new career training assist-
ance under section 12 of this Act and section 119 of the Rock Island 
Railroad Transition and Employee Assistance Act.". 
93 Stat. 743. 
45 u s e 911. 
Post, p. 408 
OBUGATION GUARANTEES 
SEC. 110. (a) The Secretary, under the authority of 
section 511 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
831), shall guarantee obligations of the Rock Island Railroad for 
purposes of providing employee protection in accordance with the 
terms of any employee protection agreement or arrangement entered 
into under section 106 of this title. 
(b) Any obligation guaranteed pursuant to this section shall be 
treated as an administrative expense of the estate of the Rock Island 
Railroad. 
(c) The aggregate unpaid principal amount of obligations which 
may be guaranteed by the Secretary pursuant to this section shall not 
exceed $75,000,000. 
(d) The total liability of the Rock Island Railroad in connection with 
benefits and allowances provided under any employee protection 
agreement or arrangement entered into under section 106 of this title 
shall not exceed $75,000,000. 
(e) Except in connection with obligations guaranteed under this 
section, the United States shall incur no liability in connection with 
any employee protection agreement or arrangement entered into 
under section 106 of this title. 
(f) Section 511(g) and section 516 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 831(g) and 836) shall not 
apply to any obligation guaranteed under this section. 
45 u s e 1008. 
Aggregate 
unpaid principal 
amount. 
Total liability. 
94 STAT. 404 
PUBLIC LAW 96-254—MAY 30, 1980 
45 u s e 1009. 
93 Stat. 744. 
EXPEDITED PROCEEDINGS 
SEC. 111. (a) The Commission shall give all proceedings involving 
the Rock Island Railroad preference over all other pendhig proceed-
ings related to rail carriers and make all of its decisions at the 
earliest practicable time. 
(b) The Commission shall, within 100 days of the filing of an 
application (or such shorter period as the court may set) pursuant to 
section 17 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 
915), reach a decision on all proceedings filed after January 1,1980, 
which involve a sale, transfer or lease of any line of the Rock Island 
Railroad to a solvent carrier. 
93 Stat. 744. 
Noncarrier 
entity, 
description. 
Ownership plan, 
submittal to 
Secretary. 
TRANSACTION ASSISTANCE 
SEC. 112. Section 505 of the Railroad Revitalization and R^ulatory 
Reform Act of 1976 (45 U.S.C. 825) is amended by adding at the end 
thereof the following new subsection: 
"(h) PURCHASE OF ESSENTIAL PROPERTIES FOR COMMON CARRIER 
SERVICE.—(1) Notwithstanding subsections (a) through (g) of this 
section (other than subsections (bX2) and (d)(3)), the Secretary shall, 
upon application of 
a noncarrier entity— 
"(A) purchase, from funds av^able on May 1,1980, not less 
than $25,000,000 in redeemable preference shares, bonds, or 
trustee certificates convertible to redeemable preference shares 
under this section as necessary for the purchase, lease, or 
rehabilitation of properties of the Rock Island Railroad by 
responsible noncarrier entities to be used for common carrier 
rail service; and 
"(B) purchase not more than $18,000,000 in redeemable prefer-
ence shares or trustee certificates convertible to redeemable 
preference shares under this section as necessary for the pur-
chase of properties of the Milwaukee Railroad by responsible 
noncarrier entities to be used for common carrier rail service, 
to the extent that the Secretary determines that fun^ are 
available. 
"(2) Preference shares, bonds, and trustee certificates purchased 
under this suteection shall be purchased under terms and conditions 
that insure that the applicant will be financially capable of making 
the requisite dividend or interest and redemption or principal pay-
ments without impairing its financial resources, and the Secretary 
shall insure that all assistance provided under this subsection is 
likely to be repaid or can be secured. 
"(3)(AXi) For purposes of this subsection, a responsible noncarrier 
entity may include an association composed of representatives of 
national railway labor organizations, employee coalitions, shippers, 
or any combination thereof, and States or State organizations, which 
wish to acquire, lease, or rehabilitate properties of the Rock Island 
Railroad or the Milwaukee Railroad pursuant to a feasible employee, 
employee-shipper, or State ownership plan. A responsible noncarrier 
entity may also include any railroad that wishes to contribute £my of 
its properties under common ownership with the property being 
acquired by the association. 
"(ii) Any ownership plan described in clause (i) of this subpara-
graph shall be submitted to the Secretary no later than August 20, 
1980, or such later date as the Secretary considers appropriate. 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 405 
"(B) For purposes of this subsection, the return on redeemable 
preference shares shall be the minimum established pursuant to 
section 506(a)(3) of this title. 
45 use 826. 
"(4) This subsection shall apply to purchase applications filed with 
the Commission prior to September 15, 1980, and approved by the 
court having jurisdiction over the reorganization of the Rock Island 
Railroad or the Milwaukee Railroad, as the case may be, and by the 
Commission.". 
APPUCABIUTY OP NEPA AND EPCA 
SEC. 113. The provisions of the National Environmental Policy Act ^5 use loio. 
and section 382(b) of the Energy Policy and Conservation Act (42 ^ote 
U.S.C. 6362(b)) shall not apply to transactions carried out pursuant to 
this title. 
AUTHORITY OF THE RAILROAD RETIREMENT BOARD 
SEC. 114. (a) The Board may prescribe such regulations as may be 45 use loii. 
necessary to carry out its duties under this title. 
O
b
) In carrying out its duties under this title, the Board may 
exercise such of the powers, duties, and remedies provided in subsec-
tions (a), 0>), and (d) of section 12 of the Railroad Unemployment 
Insurance Act (45 U.S.C. 362 (a), Ot)), and (d)) as are not inconsistent 
with the provisions of 
this title. 
PUBLICATIONS AND REPORTS 
SEC. 115. Within 45 days after the date of enactment of this Act, the 45 use 1012. 
Board shall publish, and make available for distribution by the Rock 
Island Railroad to all eligible employees, a document which describes 
in detail the rights of such employees under sections 106, 107, 108, 
and 119 of 
this title. 
AMENDMENTS TO MILWAUKEE RAILROAD RESTRUCTURING ACT 
SEC. 116. Section 18 of the Milwaukee Railroad Restructuring Act 
(45 U.S.C, 916) is amended— 
93 Stat. 746. 
(1) by striking "Until" and inserting in lieu thereof "(a) Except 
as provided in subsection (b) of this section, until"; and 
(2) by adding at the end thereof the following new subsection: 
"Ob) The Commission shall upon request provide for directed Directed service. 
service, not to exceed 30 days during the period immediately prior to 
acquisition, on the Milwaukee Railroad under section 11125 of title 
49, United States Code. Such directed service shall be limited to those 
lines or line segments where legislation has been enacted by a State 
legislature prior to the date of enactment of this subsection which 
would provide for such State to tender a bona fide offer for acquisition 
of such lines or line segments. The Commission may order directed 
service by the Milwaukee Railroad under this subsection without 
inclusion of a 6 percent profit factor. The Commission shall take the 
action described in this subsection only in the event that the Secre-
tary of 
Transportation determines that such service cannot be contin-
ued under the Emergency Rail Service Assistemce Act.". 
94 STAT. 406 
PUBLIC LAW 96-254—MAY 30, 1980 
RAIL TECHNOLOGICAL IMPROVEMENTS 
45 use 1013. 
SEC. 117. Notwithstanding any other provision of law, the Secre-
tary may, after a hearing and consistent with findings based upon 
evidence developed therein or pursuant to expressions of agreement 
between national railroad labor representatives and the developer or 
operator of new equipment or technology, to exempt from the 
mandatory requirements of the provisions of the Act of March 2, 
1893, the Act of March 2, 1903, and the Act of April 14, 1910 (45 
U.S.C. 1 through 16), also referred to as the Safety Appliance Acts, 
any railroad equipment, or equipment which will be operated on 
rails, when such requirements preclude the development or imple-
mentation of more efficient railroad transportation equipment or 
other transportation innovations under the existing statutes. 
Crafts or classes 
of employees, 
representation. 
Fiduciary 
responsibility. 
AMENDMENTS TO THE REGIONAL RAIL REORGANIZATION ACT OF 1973 
SEC. 118. (a) Section 216(f)(5) of the Regional Rail Reorganization 
Act of 1973 (45 U.S.C. 726(f)(5)) is amended bv adding the following 
sentence after the first sentence thereof: For purposes of this 
subsection, the Railway Labor Executives' Association shall be 
deemed to represent all of the representatives of crafts or classes of 
employees of the Corporation and its subsidiaries as though that 
organization held powers of attorney from each representative of a 
craft or class for the limited purposes of negotiating and agreeing 
upon an employee stock ownership plan.". 
(b) Section 216(fK5) of the Regional Rail Reorganization Act of 1973 
(45 U.S.C. 726(f)(5)) is further amended by adding the following 
sentence after the second sentence thereof: "The plan shall not be 
subject to change under the provisions of section 6 of the Railway 
Labor Act until after such time as securities have been distributed 
from the plan to the participants in the plan or their beneficiaries 
pursuant to the terms of the plan.". 
(c) Section 216(f) of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 726(f)) is further amended by adding the following at the end 
thereof: 
"(8)(A) Except as provided in subparagraph (B) of this para-
graph, no person described in subparagraph (C) of this paragraph 
shall have or be subject to any fiduciary responsibility, obliga-
tion, or duty, nor shall any such person be subject to civil 
liability, under any Federal or State law, as a fiduciary or 
otherwise— 
"(i) in connection with the employee stock ownership plan 
and related trust established by the Corporation pursuant to 
the requirements of this subsection or with ConRail Equity 
Corporation (I) on account of any reorganization or restruc-
turing of the Corporation, its successors or assigns, or their 
assets or capital structure, or (II) on account of any action 
taken or not taken by the Corporation which may affect its 
ability to attain the performance levels established in con-
nection with the plan pursuant to paragraph (2)(A)(ii) of this 
subsection; 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 407 
"(ii) for or in connection with the establishment, continu-
ation or implementation of the plan and related trust or of 
ConRail Equity Corporation or the acquisition of, invest-
ment in or retention of any security of the Corporation or 
ConRail Equity Corporation, or of any of their successors and 
assigns, by the plan or ConRail Equity Corporation, or the 
disposition of any such security to the extent that such 
disposition is made in connection with a reorganization or 
restructuring of the Corporation, its successors and assigns, 
or their assets or capital structure, as directed or approved 
by or on behalf of the Association or the United States, or the 
acquisition or retention of any cash, security or other prop-
erty received in connection with any such reorganization or 
restructuring; or 
"(iii) for or in connection with any other action taken or 
not taken pursuant to any term or condition of the plan or 
related trust agreement or of the articles of incorporation or 
bylaws of ConRail Equity Corporation. 
Any directions described in clauses (i)(I), (ii), or (iii) shall be 
taken at the direction, or with the consent, of the Association or 
of the Secretary or his designate. 
"(B) Subparagraph (A) of this paragraph shall not be inter-
preted to relieve any person from any fiduciary or other responsi-
bility, obligation or duty under any Federal or State law to take 
or not to take actions with respect to the plan in connection with 
(i) receiving contributions, (ii) exercising custodial responsibil-
ities, (iii) determining eligibility to participate in the plan, (iv) 
calculating, determining and paying benefits, (v) processing and 
deciding claims, (vi) preparing and distributing plan information, 
benefit statements, returns and reports, (vii) maintaining plan 
records, (viii) appointing plan fiduciaries and other persons to 
advise or assist in plan administration and (ix) other than as 
provided in subparagraph (A), acquiring, holding or disposing of 
plan assets. 
"(C) For purposes of subparagraph (A) of this paragraph, the 
"Person." 
term 'person' includes each of the following: 
"(i) the trustee or trustees of the plan, the Corporation and 
its subsidiaries, ConRail Equity Corporation, the Associ-
ation, and any of their successors and assigns; 
"(ii) each director, officer, employee and agent of the 
Corporation of any of its subsidiaries, of ConRail Equity 
Corporation, of the plan, of the Association or of any of their 
successors and assigns; and 
"(iii) each member of the Finance Committee and any of 
their employees and agents. 
"(D) Neither this paragraph nor paragraph (9) of this subsec-
tion shall be construed to grant immunity from any criminal law 
of the United States or of any State or the District of Columbia. 
"(9) The United States shall indemnify, defend, and hold indemnity. 
harmless the persons described in paragraph (8)(C) of this subsec-
tion from and against any and all liabilities, claims, actions, 
judgments, amounts paid in settlement, and costs and expenses 
(including reasonable fees of accountants, experts, and attorneys) 
actually incurred in connection with the establishment, im-
plementation, or operation of the plan or ConRail Equity 
Corporation or with any transaction which is required by or is 
appropriate to effectuate fully the provisions of this subsection, 
94 STAT. 408 
PUBLIC LAW 96-254—MAY 30, 1980 
Corporation 
securities. 
except as may arise in connection with the execution of a 
responsibihty, obligation, or duty excluded from paragraph (8)(A) 
by paragraph (8)(B), if it is determined that such persons were 
acting in good faith. The indemnity provided in this paragraph 
shall be a full faith and credit obligation of the United States. 
"(10) All securities of the Corporation, all securities of any 
subsidiary of the Corporation and of ConRail Equity Corporation, 
and all interests in the employee stock ownership plan which are 
issued or transferred in connection with the employee stock 
ownership plan established by the Corporation pursuant to the 
requirements of this subsection shall be deemed for all purposes 
to have been issued subject to and authorized and approved 
pursuant to section 11301(b) of title 49 of the United States Code 
and any corresponding provision of any successor statute.". 
45 u s e 1014. 
Eligibility. 
Termination 
date. 
"Expenses." 
"Qualified 
institution." 
38 u s e 1770 et 
seq. 
93 Stat. 743. 
NEW CAREER TRAINING ASSISTANCE 
SEC. 119. (a) An employee who elects to receive a separation 
allowance from the Rock Island Railroad under an employee protec-
tion agreement or arrangement entered into under section 106 of this 
title may receive from the Board reasonable expenses for training in 
qualified institutions for new career opportunities. 
(b) To be eligible for assistance under this section, an employee— 
(1) must first exhaust any Federal educational benefits availa-
ble to such employee under any existing program; and 
(2) must begin his course of training within 2 years following 
the date of such employee's separation from emplo3mient with 
the Rock Island Railroad. 
(c) Reasonable expenses for assistance under this section shall be 
determined by the Board on the basis of an application therefor filed 
by an employee with the Board. 
(d) No assistance may be provided under this section after April 1, 
1984. 
(e) As used in this section— 
(1) the term "expenses" means actual, reasonable expenses 
paid for room, board, tuition, fees, or educational material in an 
amount not to exceed $3,000; and 
(2) the term "qualified institution" means an educational 
institution accredited for payment by the Veterans' Administra-
tion under chapter 36 of title 38 of the United States Code, or a 
State-accredited institution which has been in existence for not 
less than 2 years. 
(f) Section 12(e)(2) of the Milwaukee Railroad Restructuring Act (45 
U.S.C. 911(e)(2)) is amended by inserting the following immediately 
before the period at the end thereof: ", or a State-accredited institu-
tion which has been in existence for not less than two years". 
DIRECTED SERVICE 
45 use 1015. 
SEC. 120. (a) In the event agreement cannot be reached between the 
Rock Island Railroad and any party desiring to provide commuter 
service, the Commission shall order directed service, for the 2-year 
period beginning on the date of enactment of this Act, over any 
passenger commuter line of the Rock Island Railroad that was in 
operation on March 1, 1980, if the directed service carrier agrees to 
provide such service without payment under section 11125(b)(5) of 
title 49 of the United States Code. If the parties are unable to agree on 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 409 
compensation, the trustee of the Rock Island Railroad shall receive 
compensation for the property and facilities of the Rock Island 
Railroad on terms determined by the Commission to be reasonable. 
(b) Notwithstanding any other provision of law, a passenger com-
muter line of the Rock Island Railroad over which directed service is 
provided pursuant to this section may not be abandoned, and service 
over such line may not be discontinued, during the period of such 
directed service. 
TEMPORARY RAIL BANKING 
SEC. 121. During the 180-day period beginning on the date of 
enactment of this Act, no rail line or facility of the Rock Island 
Railroad which has been approved for abandonment by the Commis-
sion or the bankruptc}^ court may be downgraded, scrapped, or 
otherwise disposed of without the approval of the Secretary under 
this section. In no case before abandonment has been approved and 
before the 180-day period has elapsed shall the Secretary approve a 
disposition of such portion of the rail line or related facility to any 
carrier or other entity not engaged in providing railroad services or 
not formed for the purpose of providing railroad services. The 
Secretary, upon application by the Rock Island Railroad, shall grant 
such approval unless he finds that— 
(1) a rail carrier, shipper. State, or other interested party has 
expressed in writing an interest in purchasing, leasing or reha-
bilitating the particular rail line or facility for purposes of 
providing rail service; and 
(2) there is a reasonable expectation that such purchase trans-
action will be consummated. 
Abandonment 
restriction. 
Approval by 
Secretary. 
45 u s e 1016. 
Disapproval 
conditions. 
TEMPORARY OPERATING APPROVAL 
SEC. 122. (a) The Commission may authorize any rail carrier willing 
to do so voluntarily to use the tracks and facilities of the Rock Island 
Railroad or the Milwaukee Railroad. The use of such tracks and 
facilities shall be under such terms of compensation as the carriers 
establish between themselves, or if the carriers are unable to agree, 
under such terms of compensation as the Commission finds to be 
reasonable. 
(b) In carrying out the provisions of this section, the Commission 
shall require, to the maximum extent practicable, the use of the 
employees who would normally have performed work in connection 
with the traffic subject to the action of 
the Commission. 
(c) As used in this section, the term "Milwaukee Railroad" means 
the Chicago, Milwaukee, Saint Paul and Pacific Railroad Company. 
45 u s e 1017. 
"Milwaukee 
Railroad." 
DEFINITION OF RESTRUCTURED MILWAUKEE RAILROAD 
SEC. 123. Section 3(6) of the Milwaukee Railroad Restructuring Act 
(45 U.S.C. 902(6)) is amended to read as follows: 
"(6) the term 'restructured Milwaukee Railroad' means the 
entity that is designated as the reorganized railroad under the 
reorganization plan for the Milwaukee Railroad finally certified 
by the Commission.". 
93 Stat. 736. 
"Restructured 
Milwaukee 
Railroad." 
SAVINGS PROVISION 
SEC. 124. If any provision of this title or the application thereof to 
any person or circumstance is held invalid, the remainder of 
this title 
45 u s e 1001 
note. 
94 STAT. 410 
PUBLIC LAW 96-254—MAY 30, 1980 
Passenger 
Railroad 
Rebuilding Act 
of 1980. 
45 u s e 501 note. 
and the application of such provision to other persons or circum-
stances shall not be affected thereby. 
TITLE II—RAIL PASSENGER CORRIDORS 
SHORT TITLE 
SEC. 201. This title may be cited as the 
Rebuilding Act of 1980". 
'Passenger Railroad 
RAIL PASSENGER CORRIDOR SERVICE 
SEC. 202. Section 703 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 853) is amended— 
(1) in the first sentence, by striking "goals:" and inserting in 
lieu thereof "goals to the extent compatible with the amount of 
45 use 854. 
authorizations specified in section 704 of this title:"; 
(2) in paragraph (l)(AXi) thereof, by striking "Within 5 years 
after the date of enactment of this Act," and inserting in lieu 
thereof "No later than September 30,1985,"; and 
(3) in the fourth sentence of paragraph (1)(E), by striking out 
"6" and inserting in lieu thereof "9". 
Alternate off-
corridor routing 
plans. 
Agreements 
with rail freight 
carriers. 
SEPARATION OF PASSENGER AND FREIGHT TRAFFIC 
SEC. 203. Section 703 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 853) is further amended— 
(1) by inserting "(A)" immediately after the paragraph heading 
in paragraph (3) and by adding at the end of such paragraph the 
following: 
"(B)(i) Within 6 months after the date of enactment of the Passen-
ger Railroad Rebuilding Act of 1980, the Secretary shall develop 
plans for alternate off-corridor routings of freight traffic over lines 
along the Northeast Corridor between the Washington, District of 
Columbia Metropolitan area and the New York Metropolitan area, 
including intermediate points. 
"(ii) The Secretary may enter into agreements with rail freight 
carriers and regional transportation agencies for a period of no less 
than 5 years to provide for the implementation by such rail carriers 
of the off-corridor routings on such terms and conditions as the 
parties may agree. Promptly upon reaching such agreement, the 
Secretary shall apply to the Commission for approval of the agree-
ment and all related agreements accompaning such application. 
"(iii) If the Commission finds that approval of such agreements is 
necessary to carry out the purposes of this Act, it shall, within 90 days 
after the receipt of the application, approve such application and 
related agreements including the provision of service use of tracks 
and facilities as provided in such application. 
"(iv) If the Secretary and any other involved rail freight carriers 
are unable to reach the agreement or agreements necessary as 
provided in clause (ii) of this subparagraph, the Secretary may, with 
the consent of all involved rail freight carriers, make application to 
the Commission which shall, within 90 days after such application, if 
it finds that doing so is necessary to carry out the purposes of this Act, 
find the terms and conditions for the agreement necessary and such 
terms and conditions shall be binding upon all involved rail freight 
carriers. 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 411 
"(v) Within 12 months after the date of enactment of the Passenger 
Railroad Rebuilding Act, the Secretary shall submit to the Congress a 
report on: 
"(I) an evaluation of the extent to which passenger and freight 
operations should be separated in the Northeast Corridor; and 
"(11) an evaluation of any operational, safety, maintenance, or 
other problems of mixing freight and passenger service on the 
same rail lines. 
In the preparation of such report, the Secretary shall consult with the 
Comptroller General of the United States, the National Railroad 
Passenger Corporation, the Association, affected railroads, and other 
interested parties. The Secretary, in preparing such report, shall 
consider such factors as congestion, delays to both passengers and 
freight, fuel efficiency, safety, the control of 
train operations, and the 
impact of diversion to other modes and the impact of diversion on 
other modes."; and 
(2) by adding at the end thereof the following new paragraph: 
"(6) ELIMINATION OF CONGESTION.—The elimination, to the maxi-
mum extent practicable, of congestion in rail freight and rail passen-
ger traffic at the Baltimore and Potomac Tunnel in Baltimore, 
Maryland, by the rehabilitation and improvement of such tunnel and 
the rail lines approaching such tunnel, for purposes of implementing 
the Northeast Corridor improvement project under this title.". 
Report to 
Congress. 
Ante, p. 410. 
Consultation. 
Baltimore and 
Potomac Tunnel, 
Md. 
AUTHORIZATION OP APPROPRIATIONS 
SEC. 204. (a) Section 704(a) of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 854(a)) is amended— 
(1) in paragraph (1) thereof, by striking "$1,600,000,000" and 
inserting in lieu thereof "$2,313,000,000"; 
(2) in paragraph (1) thereof, by striking out "and after such 
goals have been achieved, the goals of section 703(lKA)(ii)"; 
(3) by striking the period at the end of paragraph (3) and 
inserting in lieu thereof"; and"; and 
(4) by adding at the end thereof the following new paragraph: 
"(4) $37,000,000 to remain available until expended in 
order to effectuate the goals of section 703(3XB) and section 
703(6) of this title.". 
(b) Section 704 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 854) is amended by adding at the end 
thereof the following new subsections: 
"(h) ACQUISITION OF REAL PROPERTY.—The Secretary is authorized 
to acquire for the United States, by lease, purchase, condemnation, or 
otherwise, any interest in real property (including lands, easements, 
and rights-of-way, and any other property interests, including con-
tract rights) which the Secretary considers necessary to effectuate 
the goals of section 703 of this title. 
"(i) REIMBURSEMENT AGREEMENTS.—Where a portion of the costs of 
improvements authorized under section 703 of this title are to be 
borne by a State or local or regional transportation authorities or 
other responsible parties, the Secretary is authorized to enter into 
agreements with such cost-sharing parties providing for the Secre-
tary to carry out such improvements with funds appropriated pursu-
ant to this section and requiring reimbursement to the Secretary by 
the cost-sharing parties of their portion of the costs of such improve-
ments. Where the Secretary has entered into such reimbursement 
agreements, the Secretary is further authorized, to the extent and in 
45 u s e 853. 
94 STAT. 412 
PUBLIC LAW 96-254—MAY 30, 1980 
"Excess real or 
personal 
property." 
Effective date. 
45 u s e 854 note. 
93 Stat. 542; 45 
u s e 548, 644. 
the amounts provided in appropriation Acts, to incur obligations for 
contracts to carry out such improvements in anticipation of such 
reimbursement. Funds reimbursed to the Secretary shall be credited 
to the appropriation originally charged for the costs of such improve-
ments and shall be available for further obligation. 
"0') EXCESS EQUIPMENT AND OTHER PROPERTY.—Notwithstanding 
the provisions of section 202 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 483) or of any other law, the 
Secretary may transfer to the National Railroad Passenger Corpora-
tion, in accordance with procedures which the Secretary shall estab-
lish, excess real or personal property from the Northeast Corridor 
improvement project. As consideration to the United States for such 
transfer, property so transferred shall be made subject to the mort-
gage entered into pursuant to subsection (e) of this section. For 
purposes of this subsection, the term 'excess real or personal prop-
erty' means— 
"(1) any interest in real property acquired under the authority 
of subsection (h) of this section which is determined by the 
Secretary to be (A) usable by the National Railroad Passenger 
Corporation, and (B) no longer required by the Federal Govern-
ment in order to implement the Northeast Corridor improve-
ment project; or 
"(2) any item of personal property, such as equipment, which is 
acquired with funds authorized under this section.". 
(c) The amendments made by this section shall take effect on 
October 1,1980. 
t 
MANAGEMENT GOAL 
SEC. 205. Section 701 of the Railroad Revitalization and Regula-
tory Reform Act of 1976 (45 U.S.C. 851) is amended by adding at the 
end thereof the following new subsection: 
"(d) MANAGEMENT GOAL.—(1) It shall be a goal of the National 
Railroad Passenger Corporation to manage its operating costs, pric-
ing policies, and other factors so that anniial revenues derived from 
the operation of intercity rail passenger service over the Northeast 
Corridor route between Washington, District of Columbia, and 
Boston, Massachusetts, shall equal or exceed: 
"(A) 55 percent of the annual operating costs of providing such 
service in fiscal year 1981; 
"(B) 75 percent of the annual operating costs of providing such 
service in 
fiscal 
years 1982 through 1986; and 
"(C) 100 percent of the annual operating costs of providing such 
service in subsequent fiscal years. 
"(2) The National Railroad Passenger Corporation shall include in 
the annual report required by sections 308 and 805 of the Rail 
Passenger Services Act a discussion and accounting of its success in 
meeting the goal specified in paragraph (1) of this subsection.". 
TRANSFER OF AUTHORITY 
45 u s e 543, 545, 
546, 562-564, 
791. 
49 u s e 1653. 
45 u s e 855. 
Ante, p. 410. 
SEC. 206. (a) Title VII of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 851 et seq.) is amended by redesignating 
sections 705 and 706 as sections 706 and 707, respectively, and by 
inserting after section 704 the following new section: 
TRANSFER OF AUTHORITY 
"SEC. 705. (a) TRACK IMPROVEMENTS.—Within 90 days after the date 
of enactment of the Passenger Railroad Rebuilding Act of 1980, the 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 413 
Secretary and the National Railroad Passenger Corporation shall 
agree on the reallocation to the Corporation of authority and respon-
sibility with respect to the contracting of construction solely related 
to track improvements in connection with the Northeast Corridor 
improvement project. 
"(b) OTHER AUTHORITY.—Effective October 1, 1985, the Secretary 
shall transfer to the Corporation all authority and responsibility, for 
carrying out the Northeast Corridor improvement project and imple-
menting the goals of section 703 of this title.". 
0)) The table of contents of the Railroad Revitalization and Regula-
tory Reform Act of 1976 is amended by striking out the items relating 
to sections 705 and 706 and inserting immediately after the item 
relating to section 704 the following: 
"Sec. 705. Transfer of authority. 
"Sec. 706. Conforming amendments. 
"Sec. 707. Facilities with historical or architectural significance.". 
45 u s e 853. 
WORKING CAPITAL FUND 
SEC. 207. Section 9 of the Department of Transportation Act (49 
U.S.C. 1657) is amended by adding at the end thereof the following 
new subsection: 
"(r)(l) The Secretary is authorized to establish a working capital 
fund for financing the activities of the Transportation Systems 
Center. Such fund will be effective on October 1,1980, and shall be 
available without fiscal year limitation. The Transportation Systems 
Center is authorized to perform research, development, test, evalua-
tion, analysis, and other related activities as the Secretary may direct 
for the Department and other Government sigencies and, when 
approved by the Secretary or his designee, for State and local 
governments, other public authorities, private sources, and foreign 
countries. 
"(2) The capital of the fund shall consist o
f
— 
"(A) the net assets of the Transportation Systems Center as of 
October 1,1980, including any unexpended advances made to the 
Center for which valid obligations are incurred as of September 
30,1980; 
"(B) any appropriations to the fund, which are hereby author-
ized to be made; and 
"(C) the fair and reasonable value of property or other assets 
transferred to the fund after September 30,1980, by the Depart-
ment and other agencies of the Government less the related 
liabilities and unpaid obligations, and the fair and reasonable 
value of property or other assets donated to the fund from other 
sources. 
"(3) The fund shall be reimbursed or credited with advance pay-
ments from applicable funds or appropriations of the Department 
and other Federal agencies, and with advance payinents from other 
sources, as authorized by the Secretary or his designee, for services 
provided at rates that will recover the expense of 
operation, including 
accrual of annual leave and overhead, and for acquisition of property 
and equipment in accordance with regulations to be issued by the 
Secretary. The fund shall also be credited with receipts from the sale 
or exchange of property or in payment for loss or damage of property 
held by the fund. 
"(4) At the close of each fiscal year, there shall be transferred into 
the Treasury as miscellaneous receipts any funds accumulated which 
Transportation 
Systems Center. 
Effective date. 
Capital included 
in fund. 
Fund 
reimbursements 
and credits. 
Surplus funds, 
transfer to 
Treasury. 
94 STAT. 414 
PUBLIC LAW 96-254—MAY 30, 1980 
Repeal. 
Effective date. 
45 u s e 853. 
Ante, p. 410. 
the Secretarv determines to be surplus to the needs of the working 
capital fund. . 
AMENDMENT TO RAIL PASSENGER SERVICE ACT 
SEC. 208. Effective October 1, 1980, section 601(bX3) of the Rail 
Passenger Service Act of 1970 (45 U.S.C. 601(b)(3)) is repealed. 
PRIORITIES FOR IMPROVEMENTS 
SEC. 209. Section 703 of the Railroad Revitalization and R^ulatory 
Reform Act of 1976 is further amended by adding at the end thereof 
the following new paragraph: 
"(7) PRIORITIES FOR IMPROVEMENTS.—The following consider-
ations shall be applied to the selection and scheduling of specific 
projects, in the following order: 
"(A) Safety of the passengers and users of the Northeast 
Corridor must be paramount, and safety-related items 
should be completed prior to other items. 
"(B) Potential ridership should be considered, with those 
activities which benefit the greatest number of passengers 
completed before those involving fewer passengers. 
"(C) Reliability of intercity passenger service must be 
emphasized. 
"(D) Trip-time requirements of this Act must be achieved 
to the extent compatible with the priorities cited in subpara-
graphs (A) through (C) of this paragraph. 
"(E) Reducing maintenance cost levels is desirable, and 
improvements which will pay for the investment by achiev-
ing lower operating or maintenance cost should be imple-
mented. 
"(F) On-time performance of Northeast Corridor com-
muter and freight operations must be optimized, and con-
struction operations should be scheduled in order that the 
fewest possible passengers are inconvenienced and service is 
maintained. 
"(G) Planning should focus on completing activities which 
will provide immediate benefits to the users of 
the Northeast 
Corridor.". 
AUTHORITY OF THE SECRETARY 
SEC. 210. Section 704(c) of the Railroad Revitalization and Regula-
Ante, p. 411. 
tory Reform Act of 1976 (45 U.S.C. 854(c)) is amended— 
(1) by striking out "COORDINATION.—The Secretary" and in-
serting in lieu thereof "COORDINATION AND CONSULTATION.—(1) 
The Secretary"; and 
(2) by adding at the end thereof the following new paragraph: 
"(2) The Secretary shall consult with the Secretary of Housing and 
Urban Development and the Secretary of Commerce and with other 
appropriate Federal officials to take steps to utilize Federal funds 
from the several Federal departments to assist and encourage public 
and private redevelopment in the vicinity of urban rail stations on 
the Northeast Corridor served by intercity and commuter rail service 
for purposes of aiding in the revitalization of urban areas around 
Report to 
guch stations. The Secretaries shall, within one year after the date of 
Congress. 
^j^^ enactment of this subsection, report to the Congress on the 
methods by which Federal funds from the several Federal depart-
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 415 
ments have been and will be coordinated to achieve urban redevelop-
ment and revitalization in the vicinity of such stations.". 
DEMONSTRATION SERVICE 
SEC. 211. Section 601(b)(1)(B) of the Rail Passenger Service Act (45 
U.S.C. 601(b)(1)(B)) is amended by inserting immediately after "1981," 
the following: "of which $500,000 may be expended for the purchase 
of a self-propelled single car capable of carrying 50 to 60 passengers 
for purposes of demonstrating the feasibility of developing feeder 
service to basic system service and State subsidized service,". 
93 Stat. 550. 
RAIL PASSENGER CORRIDORS 
SEC. 212. The Rail Passenger Service Act (45 U.S.C. 501 et seq.) is 
further amended by adding at the end thereof the following new title: 
"TITLE X—RAIL PASSENGER CORRIDORS 
"SEC. 1001. DEVELOPMENT OF EVALUATION METHOD. 
"(a) The Secretary, in consultation with the Corporation, shall 
develop a method for evaluating rail passenger corridors. 
"(b)(1) The evaluation method developed by the Secretary under 
this section shall be designed to determine which corridors (A) have 
the greatest potential for attracting riders on rail passenger service 
in the corridor, (B) have the greatest potential to reduce e n e r ^ 
consumption, and (C) are capable of providing cost-effective rail 
passenger service. 
"(2) In developing an evaluation method for purposes of making the 
determinations described in paragraph (1) of this subsection, the 
Secretary shall consider at least each of the following factors: 
"(A) Potential ridership. 
"(B) Operating costs and revenues. 
"(C) Preliminary information on the costs of capital expendi-
tures required. 
"(D) Economic and demographic growth projections. 
"(E) The evidence of State commitment to rail passenger 
service. 
"(F) The adequacy of energy efficiency of other transportation 
modes in the area served. 
"(c) The Secretary shall, in consultation with the Corporation, 
determine which corridors have the greatest potential to attract 
riders, reduce energy consumption, and provide cost effective rail 
passenger service according to the evaluation method developed 
under subsection (a), and shall establish a priority ranking of such 
corridors. 
"(d) The Secretary shall, within 60 days after the date of enactment 
of this title, submit the proposed method for evaluating rail passen-
ger corridors (together with explanatory material) and the ranking of 
the corridors with the greatest potential to both Houses of Congress 
and to the Committee on Interstate and Foreign Commerce of the 
House of Representatives and to the Committee on Commerce, 
Science, and Transportation of the Senate. 
"SEC. 1002. DESIGN AND ENGINEERING. 
"(a) Upon completion of the Secretary's ranking of corridors under 
section 1001 of this title, the Corporation shall develop design and 
45 u s e 651. 
Corridor priority 
ranking. 
Proposed 
method, 
submittal to 
Congress and 
congressional 
committees. 
45 u s e 652. 
79-194 
O—81—pt. 1 
30 : QL3 
94 STAT. 416 
PUBLIC LAW 96-254—MAY 30, 1980 
Cooperation 
with rail 
carriers. 
Required 
cooperation. 
45 use 653. 
Report to 
Congress and 
congressional 
committees. 
Corridor 
evaluations 
report. 
45 use 654. 
45 use 655. 
engineering plans to the extent necessary to provide accurate infor-
mation on capital expenditures for improvements and equipment, 
operating cost projections, running times, and other information 
which the Corporation, in consultation with the Secretary, deter-
mines necessary to complete an accurate assessment of the antici-
pated costs and benefits of instituting new service in such corridors. 
"(b) In preparing a design and engineering plan for a corridor 
under this section, the Corporation shall consult with the Secretary 
and shall request the views of the appropriate officials of each State 
in such corridor. 
"(c)(1) The Corporation shall develop a design and engineering plan 
for a corridor under this section cooperatively with the rail carriers 
that own tracks and facilities used or to be used in providing 
passenger service in such corridor. 
"(2) If a rail carrier described in paragraph (1) or this subsection is 
unwilling to cooperate with the Corporation in developing a design 
and engineering plan, the Corporation mayapply to the Secretary for 
assistance in obtaining such cooperation. The Secretary may require 
such a private rail carrier to cooperate with the Corporation in 
developing such plan, and shall fix an amount which the Corporation 
shall reimburse such carrier for the work it performs. 
"SEC. 1003. FINAL CORRIDOR EVALUATION. 
"(a) The Secretary and the Corporation shall prepare a final 
corridor evaluation and submit a report to both Houses of Congress 
and to the Committee on Interstate and Foreign Commerce of the 
House of Representatives and to the Committee on Commerce, 
Science, and Transportation of the Senate with respect to each 
corridor. Such report shall include for each corridor— 
"(1) ridership projections for rail passenger service in such 
corridor; 
"(2) operating cost and revenue projections for such corridor; 
"(3) projected capital expenditures, as determined by the 
Corporation under section 1002, for improvements in such 
corridor. 
"(b) The Secretary and the Corporation shall submit such a report 
on corridor evaluations by February 15,1981. If the Secretary and the 
Corporation believe that further analysis is required after Feb-
ruarjr 15, 1981, they shall submit a supplemental report with such 
additional information. 
"SEC. 1004. EQUIPMENT ACQUISITION. 
"The Corporation shall, to the extent of funds available under 
section 1008(aX2) of this title, acquire necessary equipment for 
purposes of providing service in rail pgissenger corridors. 
"SEC. 1005. PRIVATE SECTOR DEVELOPMENT. 
"(a) The Secretary shall encourage the private sector development 
of potential rail passenger corridors, including the corridor between 
Atlantic City, New Jersey, and Philadelphia, Pennsylvania. 
"(b) In order to carry out the purposes of this section, the Secretary 
shall— 
"(1) in cooperation with private rail carriers, the Corporation, 
the Consolidated Rail Corporation, commuter agencies, and 
State and local transportation authorities, take all necessary 
steps to remove institutional and legal barriers to the private 
development of rail passenger corridors; 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 417 
"(2) ensure that investment of Federal funds in contiguous 
corridors is coordinated with privately developed corridors; and 
"(3) coordinate the investment of Federal funds with State, 
local, and private funds for nonoperational improvements, such 
as stations, in privately developed corridors. 
"(c) The Secretary shall, no later than February 15,1981, submit a Report to 
report to the Congress describing the action taken under this section. *"°'^sress. 
"SEC. 1006. SPEED RESTRICTIONS. 
45 USC 656. 
"(a) The Corporation shall identify any restriction imposed by a 
State or local government on the speed of Amtrak trains that the 
Corporation determines impedes the achievement of high-speed in-
tercity rail passenger service by the Corporation. 
"(b) The Corporation shall consult with each State or local govern-
ment that imposes a speed restriction identified under subsection (a) 
of this section, for purposes of (1) evaluating alternatives to such 
speed restriction, taking into account the particular local safety 
hazard which is the basis for such restriction, and (2) considering the 
possibility of eliminating or modifying such speed restriction in order 
to permit safe operations at higher speeds in the State or locality 
involved. 
"SEC. 1007. SERVICE BETWEEN CORRIDORS. 
45 USC 657. 
"If the Corporation determines that improvements in or institution 
of rail passenger service on a route between corridors would be 
justified by an increase in overall ridership on Amtrak trains, the 
Corporation shall undertake such service or improvements in such 
service as it considers appropriate in order to increase ridership on 
such route and in the connecting corridors. 
"SEC. 1008. AUTHORIZATION OF APPROPRIATIONS. 
45 USC 658. 
"(a) There are authorized to be appropriated to the Secretary— 
"(1) for the evaluation of corridors under sections 1001 and 
1003 of this title and for the benefit of the Corporation in 
preparing design and engineering plans under section 1002 of 
this title, not to exceed $38,000,000 for the fiscal year ending 
September 30,1981; and 
"(2) for the acquisition of equipment under section 1004 of this 
title, not to exceed $25,000,000 for the fiscal year ending Septem-
ber 30,1982. 
"(b) There is authorized to be appropriated, out of funds available 
under section 704(aXl) of the Railroad Revitalization and Regulatory 
Reform Act of 1976, for private sector development under section ^^^^> P ^H-
1005 of this title, not to exceed $200,000 for the fiscal year ending 
September 30,1981. 
"(c) Amounts appropriated under subsection (a) of this section are 
authorized to remain available until expended.". 
AMTRAK INTERCITY SERVICE 
SEC. 213. Section 403(dX2) of the Rail Passenger Service Act (45 
U.S.C. 563(dX2)) is amended by striking out "April 1, 1981" and 93 Stat. 544. 
inserting in lieu thereof "October 1,1981 . 
CONRAIL EMPLOYEE PROTECTION 
SEC. 214. (a) The Consolidated Railroad Corporation shall make 45 use 779 note. 
payments in accordance with title V of the Regional Rail Reorganiza-
94 STAT. 418 
PUBLIC LAW 96-254—MAY 30, 1980 . 
45 use 771. 
tion Act of 1973, and the United States Railway Association shall 
not, as a result of such payments, withhold any funds from the 
Corporation. 
(b) This section shall take effect as of March 1, 1980, and shall 
remain in effect until the expiration of the 45-day period beginning 
on the date of enactment of this Act. After the expiration of such 45-
day period, payments by the Consolidated Rail Corporation under 
title V of the Regional Rail Reorganization Act of 1973, and funding 
of the Corporation by the United States Railway Association, shall be 
governed by applicable law. 
Report to 
Congress. 
RELOCATION OP FACILITIES 
SEC. 215. (a) The Secretary of Transportation may not take any 
action with respect to the relocation of the Amtrak maintenance-of-
way facility at Bristol, Pennsylvania, until 60 days after the date the 
Secretary reports to the Congress under subsection 0?) of this section. 
0)) The Secretary of Transportation shall consider and report to the 
Congress with respect to— 
(1) preliminary design plans for sites which are potential 
alternatives to the maintenance-of-way facility referred to in 
subsection (a) of this section; 
(2) the current value, current use, and alternative uses of such 
potential alternative sites; 
(3) potential labor protection costs to be incurred in the 
maintenance-of-way relocation; and 
(4) potential problems arising from jurisdictional labor dis-
putes arising as a result of 
such a relocation. 
93 Stat. 542. 
Ordered 
operations, 
application and 
hearing. 
Publication in 
Federal 
Register. 
Compensation. 
OPERATION OF ADDITIONAL TRAINS 
SEC. 216. Section 402 of the Rail Passenger Service Act (45 U.S.C. 
562) is amended by adding at the end thereof the following new 
subsection: 
"(h) Upon receipt of an application from the Corporation in any 
situation where the Corporation is unable to obtain a satisfactory, 
voluntary agreement from a rail carrier for operation of additional 
trains on the rail lines of that rail carrier, the Secretary may, after a 
hearing on the record, order such rail carrier, within 60 days, to 
permit or provide requested operation of trains of the Corporation 
over such rail lines on schedules based upon legally permissible 
operating times. If the Secretary determines not to hold a hearing, 
the Secretary, within 30 days after receipt of an application from the 
Corporation, shall publish in the Federal Register his reasons for not 
holding a hearing. Any such hearing must include a consideration of 
whether such an order would unduly impair freight operations of the 
rail carrier involved, and the burden shall be on the rail carrier 
seeking to oppose the operation of an additional train to demonstrate 
that the requested operation will impair freight operations. In 
establishing such scheduled running times, the Secretary shall give 
proper consideration to the statutory goal that the Corporation shall 
implement schedules which will attain a system-wide average speed of 
at least 55 miles per hour which can be adhered to with a high degree 
of reliability and passenger comfort. The compensation payable by the 
Corporation to a rail carrier for an operation ordered pursuant to this 
subsection shall be that which is properly established pursuant to an 
agreement between the Corporation and such rail carrier, or, in the 
PUBLIC LAW 96-254—MAY 30, 1980 
94 STAT. 419 
absence of an applicable agreement, shall be determined by the 
Commission in a proceeding pursuant to subsection (a) of this 
section.". 
Approved May 30, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-839 and supplemental report No. 96-839, pt. 2, both 
accompanying H.R. 6837 (Comm. on Interstate and Foreign 
Commerce) and No. 96-1041 (Comm. on Conference). 
SENATE REPORTS: No. 96-614 (Comm. on Commerce, Science, and Transportation) 
and No. 96-677 accompanying S. 2156 (Comm of Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Mar. 6, considered and passed Senate. 
Mar. 28, 31, H.R. 6837 considered and passed House; passage vacated and S. 
2253, amended, passed in lieu. 
May 8, S. 2156 considered and passed Senate. 
May 22, House and Senate agreed to conference report on S. 2253. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 22: 
May 30, Presidential statement.