An Act to amend the Rail Passenger Service Act of 1970 to provide financial assistance to the National Railroad Passenger Corporation, and for other purposes.
PL 93-146 (S.2016), enacted 11/03/1973

548 
PUBLIC LAW 93-146-NOV. 3, 1973 
[87 
STAT. 
November 3, 1973 
[S.2016] 
Public Law 93-146 
AN ACT 
To ameud the Rail Tassenger Service Act of 1970 to provide financial assistance 
to the National Railrf)ad Passenger Corporation, and for other purposes. 
Amtrak Improve-
ment Act of 1973. 
84 Stat. 1328. 
"Intercity rail 
passenger serv-
"Auto-ferry 
service." 
Board of 
directors. 
84 Stat. 1330. 
Vacancy. 
Chairman. 
Be It enacted hy the Senate and House of Representathes 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Amtrak Improvement Act of 197S". 
SEC. 2. Section 102 of the Rail Passenger Service Act of 1970 (45 
.S.C. 502), relating to definitions, is amended— 
(1) by striking out paragraph (5), relating to the definition 
of intercity rail passenger service, and inserting in lieu thereof 
the following: 
"(5) 'Intercity rail passenger service' means all rail passenger serv-
ice 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."; and 
(2) by adding at the end thereof the following new paragraph: 
"(9) 'Xuto-ferry service' means intercity rail passenger service char-
acterized by transportation of automobiles and their occupants.". 
SEC. 3. (a) Section 303(a) of the Rail Passenger Service Act of 
1970 (45 U.S.C. 543(a)), relating to the board of directors, is amended 
to read as follows: 
"(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 stock-
holders of the Corporation. 
"(D) Four members elected annually by the preferred stock-
holders 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 unex-
pired 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 con-
sumer 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 
87 STAT. ] 
PUBLIC LAW 93-146-NOV. 3, 1973 
549 
board at which such matters are voted upon, and he may be included 
for purposes of determining a quorum and may participate in discus-
sions at any such meeting. 
" (7) No member appointed by the President may— 
Prohibitions. 
"(A) have any direct or indirect financial or emjjloyment rela-
tionship with any railroad, nor 
"(B) have any significant direct or indirect financial relation-
ship, 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 
Quorum. 
stockholders of the Corporation under paragraph (1) (D) of this sub-
section, 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.". 
(b)(1) Notwithstanding any other provision of law, the term of 
Term, 
each member of the board of directors appointed by the President 
\mder section 303(a) of the Rail Piassenger Service Act of 1970 (as in 
^"'e» P- 548. 
effect on the day before the date of enactment of this Act) who is serv-
ing under such appointment on such daite of enactment, shall expire on 
the thirtieth day after such date of enactment, 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, whichever first occurs. No member of the board of directors 
referred to in the preceding sentence shall be ineligible for appoint-
ment as such a member after the date of enactment of this Act 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, of the members of the board of directors first 
appointed by the President under such section 303(a) (1) (B), three 
shall be appointed to serve for terms of two years and three shall be 
appointed to serve for terms of three years. 
SEC. 4. (a) Section 305 (a) of the Rail Passenger Service Act of 1970 
(45 U.S.C. 545(a)), relating to general powers of the Corporation, is gg statfa'as!''^' 
amended by striking out the second sentence thereof. 
Auto-ferry s erv-
SEO. 5. Section 305(b) of the Rail Passenger Service Act of 1970 '"• 
(45 U.S.C. 545(b)), relating to general powers of the Corporation, is 
amended by striking out the second sentence and inserting in lieu 
thereof the following: "In order to increase revenues and to better 
accomplish the purposes of this Act, the Corporation is authorized to 
modify its services to provide auto-ferry service as a pai-t of the basic 
passenger services authorized by this Act, except that nothing con-
tained in this Act shall prevent any other person, other than a rail-
road (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 auto-ferry 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 
I'educe 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 pei-son 
on the date of enactment of this paragraph under contracts entered 
into before October 30, 1970. 
property. 
550 
PUBLIC LAW 93-146-NOV. 3, 1973 
[87 STAT. 
Xothing ill this section shall be construed to restrict the right of a 
raih-oad that has not entered into a contract with the Coi'poration 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.". 
SEC. 6. Section 305 of the Rail Passenger Service Act of 1970 (45 
Ante, p. 549. 
"U.S.C. 545), relating to general powers of the Cbrporation, is amended 
by adding at the end thereof the following new subsections: 
Elderly or 
«((.) The Corporatioii is authorized to take all steps necessary to 
i'ndivkws. 
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 equip-
ment 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 standards for the design, construction, and 
alteration of property for the accommodation of elderly and handi-
capped individuals; and providing special assistance while boarding 
and alighting and in terminal areas to elderly and handicapped 
individuals. 
Acquisition o
f 
"(d)(1) Tlie Coiporatioii is authorized, to the extent financial 
resources are available, to acquire any right-of-way, land, or other 
property (except right-of-way, land, or other property of a railroad or 
l^ropeity 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 Corpoi-ation 
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 
Coi'poi^ation to be just compensation for the property taken. 
.f °"^t"f,f *'°" 
" (^) Upon the filing of the declaration of taking and the depositing 
' "'""'"*" 
ji^ i\iQ 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 com-
pensation shall immediately vest in the persons entitled thereto. The 
court, after a hearing, shall make a finding as to tlie 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 
for property. 
87 STAT. ] 
PUBLIC LAW 93-146-NOV. 3, 1973 
551 
nmount finally awarded as the value of the property on the date of tak-
ing 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 pos-
session 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) The Corporation is authorized to take all steps necessary to— 
"(1) establish improved reservations svstems and advertising; 
"(2) service, maintain, repair, and rehabilitate railroad pas-
senger 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 at the time of enactment of this Act, 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 Can-
ada and Mexico, including Montreal, Canada; Vancouver, Can-
ada; and Nuevo Laredo, Mexico (for purposes of section 404(b) 
of this Act, such international rail passenger service is service 
45 us^c'56^4^' 
included within the basic system); and 
" (8) to carry out other corporate purposes.". 
SEC. 7. Section 306 of the Rail Passenger Service Act of 1970 (45 ^J^^l°^^"l 
U.S.C. 546), relating to the applicability of the Interstate Commerce tTo^'o/sta'te^ia^. 
Act and other laws, is amended by adding at the end thereof the fol- 
^^ stat. 1332; 
lowing new subsection: 
"(h) 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 regu-
lation which has the effect of prohibiting or impairing the provision 
of auto-ferry service.". 
SEC. 8. Section 308(b) of the Rail Passenger Service Act of 1970 (45 
U.S.(^'. 548(b)). relating to reports to the Congress, is amended bv 
striking out "January 15" and inserting in lieu thereof "Februarv 15". 
SEC. 9. Section 401(c) of the Rail Passenger Service Act of 1970 
(45 U.S.C. 561(c)), relating to the prohibition against other persons 
conducting intercity rail passenger service, is amended by striking 
out "No railroad or any other person" and inserting in lieu thereof 
"Except as provided in section 305(b) of this Act concerning auto-
feriy service, no railroad or any other person". 
86 Stat. 228. 
86 Stat. 228. 
Ante, 
p. 549. 
552 
PUBLIC LAW 93-146-NOV. 3, 1973 
[87 STAT. 
Facilities and 
services agree-
ments. 
84 Stat. 1335; 
86 Stat. 229. 
Disagreement 
procedures. 
Ante, p. 550. 
Intercity pas-
senger train pref-
erence. 
80 Stat. 383. 
Accelerated 
speeds. 
SEC. 10. Section 402 of the Rail Passenger Service Act of 1970 (45 
U.S.C. 562), relating to facility and service agreements, is amended— 
(1) by inserting immediately after the second sentence of sub-
section (a) the following new sentence: "In fixing just and 
reasonable compensation for the provision of services ordered by 
the Commission under the preceding sentence, the Commission 
shall, in fixing compensation in excess of incremental costs, con-
sider quality of service as a major factor in determining the 
amount (if any) of such compensation."; and 
(2) by adding at the end thereof the following new subsections: 
"(d) (1) If the Corporation and a railroad are unable to agree upon 
terms for the sale to the Corporation of property (including interests 
in property) owned by the railroad and required for the construction 
of tracks or other facilities necessary to provide intercity rail passen-
ger service, the Corporation may apply to the Commission for an order 
establishing the need of the Corporation for the property at issue and 
requiring the conveyance thereof from the railroad to the Corporation 
on reasonable terms and conditions, including just compensation. 
Unless the Commission finds that^— 
"(A) conveyance of the property to the Corporation would 
significantly impair the ability of the railroad to carry out its 
obligations as a common carrier; and 
"(B) the obligations of the Corporation to provide modern, 
efficient, and economical i-ail passenger service can adequately be 
met by the acquisition of alternative property (including interests 
in property) which is available for sale on reasonable terms to the 
Corporation, or available to the Corporation by the exercise of its 
authority under section 305 (d) of this Act; 
the need of the Corporation for the property shall be deemed to be 
established and the Commission shall order the conveyance of the 
l^roperty to the Corporation on such reasonable terms and conditions 
as it may prescribe, including just compensation. 
"(2) The Commission shall expedite proceedings under this 
subsection and, in any event, issue its order within one hundred and 
twenty days from receipt of the application from the Corporation. If 
just compensation has not been determined on the date of the order, the 
order shall require, as part of just compensation, interest at the rate of 
6 per centum per annum from the date prescribed for conveyance until 
just compensation is jpaid. 
"(e) (1) Except in an emergency, intercitv passenger trains oper-
ated by or on behalf of the Corporation shall be accorded preference 
over freight trains in the use of any given line of track, junction, or 
crossing, unless the Secretary has issvied an order to the contrary in 
accordance with paragraph (2) of this subsection. 
"(2) Any railroad whose rights with regard to freight train 
operation are affected by paragraph (1) of this subsection may file an 
application w4th the Secretary requesting appropriate relief. If, after 
hearing under section 553 of title 5 of the United States Code, the 
Secretary finds that adherence to such paragraph (1) will materially 
lessen the quality of freight service provided to shippers, the Secretary 
shall issue an order fixing rights of trains, on such terms and conditions 
as are just and reasonable. 
"(f) If, upon request of the Corporation, a railroad refuses to per-
mit accelerated speeds by trains operated by or on behalf of the Cor-
poration, the Corporation may apply to the Secretary for an order 
requiring the railroad to permit such accelerated speeds. The Secretary 
shall make findings as to whether such accelerated speeds are unsafe 
or otherwise impracticable, and with respect to the nature and extent 
87 
STAT.] 
PUBLIC LAW 93-146-NOV. 3, 1973 
553 
of improvements to track, signal systems, and other facilities that 
would b.3 required to make such accelerated speeds safe and practicable. 
After hearing, the Secretary shall issue an order fixing maximum per-
missible speeds of Corporation trains, on such terms and conditions as 
he shall find to be just and reasonable.". 
SEC. 11. (a) Section 403 of the Kail Passenger Service Act of 1970 
(45 U.S.C. 563), relating to new service, is amended by adding at the 
end thereof the following new subsection: 
"(d) The Corporation shall initiate not less than one experimental 
route each year, such route to be designated by the Secretary, and shall 
operate such route for not less than two years. After such two-year 
period, the Secretary shall terminate such route if he finds that it has 
attracted insufficient patronage to serve the public convenience and 
necessity, or he may designate such route as a part of the basic system.". 
(b) Section 404(b) of the Kail Passenger Service Act of 1970 (45 
L^.S.C. 564(b)), relating to discontinuance of service, is amended— 
(1) by striking out "July 1,1973" in paragraph (1) and insert-
ing in lieu thereof "July 1,1974"; 
(2) by amending paragraph (2) to read as follows: 
"(2) Except as otherwise provided in this paragraph and in section 
403(a) of this Act, service beyond that prescribed for the basic system 
undertaken by the Corporation upon its own initiative may be discon-
tinued at any time. No such service undertaken by the Corporation on 
or after January 1, 1973, shall be discontinued until the expiration of 
the one-year period beginning on the date of enactment of this sen-
tence." ; and 
(3) by striking out "July 1,1973" in paragraph (3) and insert-
ing in lieu thereof "July 1,1974". 
SEC. 12. Section 601 of the Kail Passenger Service Act of 1970 (45 
U.S.C. 601), relating to Federal grants, is amended to read is follows: 
"SEC. 601. AUTHORIZATION FOR APPROPRIATIONS. 
"(a) There are authorized to be appropriated to the Secretary for 
the benefit of the Corporation in fiscal year 1971, $40,000,000, and in 
subsequent fiscal years a total of $334,300,000. Funds appropriated 
pursuant to such authorization shall be made available to the Secretary 
during the fiscal year for which appropriated and shall remain avail-
able until expended. Such sums shall be paid by the Secretary to the 
Corporation for expenditure by it in accordance with spending plans 
approved by Congress at the time of appropriation and general guide-
lines established annually by the Secretary. 
"(b) (1) Whenever the Corporation submits any budget estimate or 
request to the President, the Department of Transportation, or the 
Office of Management and Budget, it shall concurrently transmit a 
copy of that estimate or request to the Congress. 
"(2) Whenever the Corporation submits any legislative recommen-
dation, proposed testimony, or comments on legislation to the Presi-
dent, the Department of Transportation, or the Office of Management 
and Budget, it shall concurrently transmit a copy thereof to the 
Congress. No officer or agency of the United States shall have any 
authority to require the Corporation to submit its legislative recom-
mendations, proposed testimony, or comments on legislation to any 
officer or agency of the United States for approval, comments, or 
review, prior to the submission of such recommendations, testimony, or 
comments to the Congress.". 
SEC. 13. Section 602 of the Kail Passenger Service Act of 1970 (45 
U.S.C. 602), relating to guarantee of loans, is amended— 
(1) by inserting "and with the approval of the Secretary of the 
Treasury," immediately after "prescribe," in subsection (a) ; 
Experimental 
routes. 
84 Stat. 1335. 
Discontinuance 
of service. 
86 Stat. 229. 
Loan guaran-
tees. 
554 
PUBLIC LAW 93-147-NOV. 3, 1973 
[87 STAT. 
(2) by amending the first sentence of subsection (d) to read as 
follows: "The aggregate unpaid principal amount of securities, 
obligations, or loans outstanding at any one time, which are 
guaranteed by the Secretary under this section, may not exceed 
$500,000,000."; and 
(3) by adding at the end thereof the following new subsection: 
"(g) Notwithstanding any other provision of this Act, a guarantee 
may not be made of any security, obligation, or loan, if the nature of 
such security, obligation, or loan is such that the income therefrom is 
not includable in gross income for the purposes of chapter 1 of the 
6
8
A Stat. 5. 
Internal Kevenue Code of 1954.". 
2
6 use 1. 
g^^_ ^^ Section 801 of the Eail Passenger Service Act of 1970 (45 
84 Stat. 1339. 
XJ.S.C. 641) Is amended to read as follows: 
"SEC. 801. ADEQUACY OF SERVICE 
"(a) The Commission shall promulgate, within 60 days from the 
date of enactment of the Amtrak Improvement Act of 1973, and shall 
from time to time revise, such regulations as it considers necessary to 
provide adequate service, equipment, tracks, and other facilities for 
quality intercity rail passenger service. The Corporation may contract 
with railroads or with regional transportation agencies for the 
improvement of service, equipment, tracks and other facilities neces-
sary to meet such regulations promulgated by the Commission. In the 
event of a failure to agree, the Commission shall by rule establish pro-
cedures for allocating between the Corporation and a railroad any costs 
required to be incurred to meet the regulations establishing adequate 
service, equipment, tracks, and other facilities. 
P«"3ity- 
" (b) Any person who violates a regulation issued under this section 
shall be subject to a civil penalty of not to exceed $500 for each viola-
tion. Each day a violation continues shall constitute a separate 
offense.". 
Approved November 3, 1973. 
Public Law 93-147 
November 3. 1973 
A N 
A C T 
[H- R.689] 
-j,^^ amend section 712 of title 18 of tlie United States Code, to prohibit persons 
attempting to collect their own debts from misusing names in order to convey 
the false impression that any agency of the Federal Government is involved in 
such collection. 
Debt collection. 
Use of Federal 
Be it enacted hy the Senate and House of Eepresentatives 
of the 
United States of America in Congress asseinbled^ That (a) section 712 
symbols, 'pro." ' of title 18 of tlic United States Code is amended to read as follows: 
'73 's°ta't. 570. 
"§ 712, Misuse of names, words, emblems, or insignia 
"Whoever, in the course of collecting or aiding in the collection of 
private debts or obligations, or being engaged in furnishing private 
police, investigation, or other private detective services, uses or employs 
in any communication, correspondence, notice, advertisement, or cir-
cular the words 'national', 'Federal', or 'United States', the initials 
'U.S.', or any emblem, insignia, or name, for the purpose of conveying 
and in a manner reasonably calculated to convey the false impression 
that such communication is from a department, agency, bureau, or 
Instrumentality of the United States or in any manner represents the 
United States, shall be fined not more than $1,000 or imprisoned not 
more than one year, or both.".