A bill to amend the Regional Rail Reorganization Act of 1973 to authorize appropriations for the United States Railway Association for fiscal year 1979.
PL 95-611 (H.R.10898), enacted 11/08/1978

PUBLIC LAW 95-611—NOV. 8, 1978 
92 STAT. 3089 
Public Law 95-611 
95th Congress 
An Act 
To amend the Regional Rail Reorganization Act of 1973 to authorize appropria-
tions for the United States Railway Association for fiscal year 1979. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assemhled, That section 214(c) 
of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 724(c)) 
is amended to read as follows: 
"(c) ASSOCIATION.—For the fiscal year ending September 30, 1979, 
there are authorized to be appropriated to the Association for purposes 
of carrying out its administrative expenses under this Act such sums 
as are necessary, not to exceed $27,200,000. Sums appropriated under 
this subsection are authorized to remain available until expended.". 
SEC. 2. Section 201(e) of the Regional Rail Reorganization Act of 
1973 (45 U.S.C. 711(e)) is amended by adding at the end thereof the 
following new sentence: "Upon the expiration of their terms of office, 
members of the Board shall continue to serve until their successors 
have been appointed and qualified.". 
SEC. 3. (a) Section 211(d) of the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 721(d)) is amended by adding at the end thereof 
the following: "Notwithstanding any other provision of this section, 
in the case of a loan made under subsection (a) of this section to a 
railroad in the region, the Association may, upon the request of such 
railroad— 
"(1) continue to make advances to such railroad pursuant to 
such lean, up to the total principal provided, as of the date of 
enactment of this sentence, under the agreement between such 
railroad and the Association under this section, upon finding only 
that (A) a good faith effort has been commenced by such railroad 
toward the establishment of an employee stock ownership plan, 
and (B) such continued advances will permit the continuation of 
rail service determined by the Association, in the Final System 
Plan or under the goals of this Act, to be desirable; and 
"(2) increase the principal amount of such loan to such rail-
road, in an amount not to exceed $2,000,000, only if the Association 
makes the finding referred to in paragraph (1) (B) of this sub-
section and such railroad has in effect an employee stock ownership 
plan which has been approved by the Association. 
The Association may not take any action pursuant to the preceding 
sentence of this subsection after December 31, 1979.". 
(b) Section 3(a) of the Emergency Rail Services Act of 1970 
(45 U.S.C. 662(a)) is amended by adding at the end thereof the 
following new sentence: "Notwithstanding any other provision of 
this section, the Secretary, in guaranteeing certificates under this 
section, is authorized to waive the findings required by paragraphs (1), 
(5), and (6) of this subsection upon a finding that the guarantee of 
certificates is necessary in order for a railroad which has received con-
tinued loan advances, pursuant to section 211(d) (1) of the Regional 
Rail Reorganization Act of 1973j to maintain rail services in the 
region (as such term is defined in section 102(15) of such Act). 
The Secretary may not make any waiver under the preceding sentence 
after December 31,1979.". 
Nov. 8, 1978 
[H.R. 10898] 
United States 
Railway 
Association. 
Appropriation 
authorization. 
Membership, 
terms of office. 
45 use 702. 
note 
92 STAT. 3090 
PUBLIC LAW 95-611—NOV. 8, 1978 
SEC. 4. (a) Section 206(d) (5) (C) of the Kegional Eail Eeorganiza-
tion Act of 1973 (45 U.S.C. 716(d) (5) (C)) is amended by striking 
out "900 days" and inserting in lieu thereof "3 years". 
45 use 716 
(b) The amendment made by this Act shall be effective on Jan-
note- 
uary 2,1974. 
SEC. 5. Section 17(9) (f)(i) of the Interstate Commerce Act (49 
U.S.C. 17(9) (f) (i)) is amended to read as follows: 
"(i) a majority of the Commissioners, by public vote, agree to 
such further extension; and". 
Investigation and 
SEC. 6. (a) The Secretary of Transportation shall conduct an 
**"^TQr 
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investigation and study for purposes of determining equitable rates 
^«t» 
^ ^® charged for the rental of Alaska Railroad lands. In carrying out 
such investigation and study, the Secretary shall consider— 
(1) the per centum increase in such rates proposed after 1977 
as compared with rates in effect on January 1,1977; 
(2) the services and the quality thereof provided by the rentors 
of such land and the services and the quality thereof received by 
such rentors from such railroad; 
(3) the burden on commerce which may result from such pro-
posed rate increase; and 
(4) such other factors as may be appropriate. 
Report to 
The Secretary shall report the results of such investigation and study 
to the Congress not later than one year after the date of enactment of 
this Act. 
(b) Prior to 180 days after the date on which the Secretary's report 
pursuant to subsection (a) is received by the Congress, rental charges 
on lands rented by the Alaska Railroad shall not be increased by more 
than 100 per centum of the amount charged for such land on Jan-
uary 1,1977. 
Approved November 8, 1978. 
LEGISLATIVE HISTORY; 
: 
HOUSE REPORT No. 95-1198 (Comm. on Interstate and Foreign Commerce). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Aug. 17, considered and passed House. 
Sept. 14, considered and passed Senate, amended. 
Oct. 13, House concurred in certain Senate amendments; in Nos. 3 and 5 with 
amendments. 
Oct. 15, Senate concurred in House amendment to Senate amendments.