91st Congress, H. R. 14685 October 21, 1970 An Act To amend the International Travel Act of 1961, as amended, in order to improve the balance of payments by further promoting travel to the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the International International Travel Act of 1961 (75 Stat. 129; 22 U.S.C. 2121–2126) Travel Act of is amended by changing the period at the end of clause 4 of subsection 1961, amendment. (a) to a semicolon, and by inserting after such clause the following: Tourism to U. S., "(5) upon the application of any State or political subdivision promotion. or combination thereof, or private or public nonprofit organization or association, may make grants for projects designed to carry out the purposes of this Act if he finds that such projects will facilitate and encourage travel to any State or political subdivision or com bination thereof by residents of foreign countries. No financial Matching funds. assistance will be made available under this clause unless the Secretary determines that matching funds will be available from State or other non-Federal sources and in no event will the amount of any grant under this clause for any project exceed 50 per 84 STAT. 1071 centum of the cost of such project. The Secretary is authorized 84 STAT. 1072 to establish such policies, standards, criteria, and procedures and to prescribe such rules and regulations as he may deem necessary or appropriate for the administration of this clause; "(6) may enter into contracts with private profit- or non-profit- Contract aumaking individuals, businesses, and organizations for projects thority. designed to carry out the purposes of this Act whenever he determines that such projects cannot be accomplished under the authority of clause (5) of this subsection; and "(7) may make awards of merchandise manufactured and purchased in the United States to travel agents and tour operators in foreign countries as an incentive for their promotion of travel to the United States by residents of foreign countries. The Secretary is authorized to establish such policies, standards, criteria, and procedures as he may deem necessary or appropriate for the administration of this clause." SEC. 2. Section 3 of such Act (22 U.S.C. 2123) is amended by adding Recordkeeping. at the end thereof the following new subsections: "(c) Each recipient of assistance under clause (5) of subsection (a) of this section shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(d) The Secretary and the Comptroller General of the United Audit. States, or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the assistance received under clause (5) of subsection (a) of this section." SEC. 3. (a) Section 4 of such Act (22 U.S.C. 2124) is amended to read as follows: "SEC. 4. There is established in the Department of Commerce a u. S. Travel United States Travel Service which shall be headed by an Assistant Service. Secretary of Commerce for Tourism who shall be appointed by the Assistant SecPresident, by and with the advice and consent of the Senate, and who retary of shall report directly to the Secretary. All the duties and responsibilities Commerce for of the Secretary under this Act shall be exercised directly by the Secre- Tourism, apory or by the Secretary through the Assistant Secretary of Commerce pointment. 81 Stat. 1983 83 Stat. 863. Appropriations. 75 Stat. 130. 22 USC 2126. 82 Stat. 1243, 1305. 22 USC 2121 note. "United States." "State." 84 STAT. 1072 84 STAT. 1073 National Tourism Resources Review Commission. Establishment. Study. Report to President and for Tourism. In addition, the Secretary shall designate at least one individual to serve as Deputy Assistant Secretary of Commerce for Tourism who shall be under the supervision of the Assistant Secretary of Commerce for Tourism." (b) Paragraph (12) of section 5315 of title 5, United States Code (relating to level IV of the Executive Schedule), is amended by striking out "(5)" and inserting in lieu thereof "(6)". SEC. 4. Section 6 of such Act is amended to read as follows: "SEC. 6. For the purpose of carrying out the provisions of this Act, there is authorized to be appropriated not to exceed $15,000,000 for each of the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Funds appropriated under this section shall be available without regard to the provisions of section 501 and 3702 of title 44 of the United States Code. Funds appropriated under this section for printing of travel promotion materials are authorized to be made available for two fiscal years." SEC. 5. Section 7 of such Act is renumbered "SEC. 8." and a new section 7 is inserted to read as follows: "SEC. 7. As used in this Act, the term 'United States' and the term 'State' are defined to include the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands." SEC. 6. (a) There is established a commission to be known as the National Tourism Resources Review Commission (hereafter in this section referred to as the "Commission") composed of fifteen members as follows: (1) One representative of the Department of Commerce designated by the Secretary of Commerce. (2) One representative of the Department of the Interior designated by the Secretary of the Interior. (3) One representative of the Department of State designated by the Secretary of State. (4) One representative of the Department of Transportation designated by the Secretary of Transportation. (5) Eleven individuals appointed by the President from private life who are informed about and concerned with the improvement, development, and promotion of United States tourism resources and opportunities or who are otherwise experienced in tourism research, promotion, or planning. The President shall designate one of the individuals appointed by him to serve as Chairman of the Commission. (b) The Commission shall make a full and complete study and investigation for the purpose of (1) determining the domestic travel needs of the people of the United States and of visitors from other countries at the present time and to the year 1980; (2) determining the travel resources of the United States available to satisfy such needs now and to the year 1980; (3) determining policies and programs which will insure that the domestic travel needs of the present and the future are adequately and efficiently met; (4) determining a recommended program of Federal assistance to the States in promoting domestic travel; and (5) determining whether a separate agency of the Government should be established, or whether an existing department, agency, or instrumentality within the Government should be designated, to consolidate and coordinate tourism research, planning, and development activities presently performed by different existing agencies of the Government. The Commission shall submit a comprehensive report of its activities and the results of such study and investigation, together with its recom mendations with respect thereto, to the President and to the Congress not later than two years after the first meeting of the Commission. The Commission shall cease to exist sixty days after the date of the Termination. submission of its comprehensive report. The comprehensive report of the Commission shall propose such legislative enactments and administrative actions as in its judgment are necessary to carry out its recommendations. (c) The Secretary of Commerce shall make available to the Com- Clerical assistmission such secretarial, clerical, and other assistance as the Commis- ance. sion may require to carry out its functions under this section. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this section; and each such department, agency, and instrumentality is Agency cooperauthorized to cooperate with the Commission and, to the extent per- ation. mitted by law, to furnish such information and assistance to the Commission upon request made by its Chairman. (d) In order to carry out the provisions of this section, the Commission is authorized (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of the operations of the Commission; (2) to appoint and fix the compensation of such officers and employees as are necessary to carry out the provisions of this section and to prescribe their authority and duties; and Powers. 84 STAT. 1073 84 STAT. 1074 80 Stat. 416. (3) to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. (e) (1) Members of the Commission from private life, while engaged in the performance of their duties as members of the Commission, shall receive compensation at a rate to be fixed by the President, not to exceed $100 each day, including traveltime, and shall, while so serving away from their homes or regular places of business, be entitled to travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the 80 Stat. 499; Government service employed intermittently. (2) Members of the Commission who are officers or employees of the United States shall serve without additional compensation, but shall be entitled to travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. 83 Stat. 190. (f) There are authorized to be appropriated such sums, not to exceed Appropriation. $750,000, as may be necessary to carry out the provisions of this section. Approved October 21, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-976 (Comm. on Interstate and Foreign Commerce) SENATE REPORT No. 91-744 accompanying S. 1289 (Comm. on Commerce). Mar. 26, S. 1289 considered and passed Senate. May 14, considered and passed House. May 21, considered and passed Senate, amended, in lieu of S. 1289. July 15, Senate agreed to conference report. July 16, House rejected conference report. Oct. 6, House agreed to Senate amendment with an amendment. 91st Congress, H. R. 17849 An Act To provide financial assistance for and establishment of a national rail passenger system, to provide for the modernization of railroad passenger equipment, to authorize the prescribing of minimum standards for railroad passenger service, to amend section 13a of the Interstate Commerce Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Rail Passenger be cited as the "Rail Passenger Service Act of 1970". TITLE I-FINDINGS, PURPOSES, AND DEFINITIONS SEC. 101. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. The Congress finds that modern, efficient, intercity railroad passenger service is a necessary part of a balanced transportation system; that the public convenience and necessity require the continuance and improvement of such service to provide fast and comfortable transportation between crowded urban areas and in other areas of the country; that rail passenger service can help to end the congestion on our highways and the overcrowding of airways and airports; that the traveler in America should to the maximum extent feasible have freedom to choose the mode of travel most convenient to his needs; that to achieve these goals requires the designation of a basic national rail passenger system and the establishment of a rail passenger corporation for the purpose of providing modern, efficient, intercity rail passenger service; that Federal financial assistance as well as investment capital from the private sector of the economy is needed for this purpose; and that interim emergency Federal financial assistance to certain railroads may be necessary to permit the orderly transfer of railroad passenger service to a railroad passenger corporation. SEC. 102. DEFINITIONS. For the purposes of this Act (1) "Railroad" means a common carrier by railroad, as defined in section 1(3) of part I of the Interstate Commerce Act, as amended Service Act of 1970. 84 STAT. 1327 84 STAT. 1328 (49 U.S.C. 1(3)) other than the corporation created by title III of 41 Stat. 474; this Act. 54 Stat. 899. (2) "Secretary" means the Secretary of Transportation or his dele- Post, p. 1330. gate unless the context indicates otherwise. (3) "Commission" means the Interstate Commerce Commission. (4) "Basic system" means the system of intercity rail passenger service designated by the Secretary under title II and section 403 (a) of this Act. (5) "Intercity rail passenger service" means all rail passenger service other than (A) commuter and other short-haul service in metropolitan and suburban areas, usually characterized by reduced fare, multiple-ride and commutation tickets, and by morning and evening peak period operations, and (B) auto-ferry service characterized by transportation of automobiles and their occupants where contracts for such service have been consummated prior to enactment of this Act. (6) "Avoidable loss" means the avoidable costs of providing passenger service, less revenues attributable thereto, as determined by the Interstate Commerce Commission pursuant to the provisions of section 553 of title 5, United States Code. (7) "Corporation" means the National Railroad Passenger Corporation created under title III of this Act. Post, pp.1329, 1335. 80 Stat. 383. 84 STAT. 1329 Preliminary report to ICC and Congress. 72 Stat. 571. 44 Stat. 577; Final report to Congress. Effective date. (8) "Regional transportation agency" means an authority, corporation, or other entity established for the purpose of providing passenger service within a region. TITLE II-BASIC NATIONAL RAIL PASSENGER SYSTEM In carrying out the congressional findings and declaration of purpose set forth in title I of this Act, the Secretary, acting in cooperation with other interested Federal agencies and departments, is authorized and directed to submit to the Commission and to the Congress within thirty days after the date of enactment of this Act his preliminary report and recommendations for the basic system. Such recommendations shall specify those points between which intercity passenger trains shall be operated, identify all routes over which service may be provided, and the trains presently operated over such routes, together with basic service characteristics of operations to be provided within the basic system, taking into account schedules, number of trains, connections, through car service, and sleeping, parlor, dining, and lounge facilities. In recommending the basic system the Secretary shall take into account the need for expeditious intercity rail passenger service within and between all regions of the continental United States, and the Secretary shall consider the need for such service within the States of Alaska and Hawaii and the Commonwealth of Puerto Rico. In formulating such recommendations the Secretary shall consider opportunities for provision of faster service, more convenient service, service to more centers of population, and service at lower cost, by the joint operation, for passenger service, of facilities of two or more railroad companies; the importance of a given service to overall viability of the basic system; adequacy of other transportation facilities serving the same points; unique characteristics and advantages of rail service as compared to other modes of transportation; the relationship of public benefits of given services to the costs of providing such services; and potential profitability of the service. The exclusion of a particular route, train, or service from the basic system shall not be deemed to create a presumption that the route, train, or service is not required by public convenience and necessity in any proceeding under section 13a of the Interstate Commerce Act (49 U.S.C. 13a). SEC. 202. REVIEW OF THE BASIC SYSTEM. The Commission, the State Commissions, the representatives of the railroads, and labor organizations duly authorized under the Railway Labor Act to represent railroad employees shall, within thirty days after receipt of the preliminary report of the Secretary designating the basic system, review such report consistent with the purposes of this Act and provide the Secretary with their comments and recommendations in writing. The Secretary shall give due consideration to such comments and recommendations. The Secretary shall, within ninety days after the date of enactment of this Act, submit his final report designating the basic system to the Congress. Such final report shall include a summary of their recommendations together with his reasons for failing to adopt any such recommendation. The basic system as designated by the Secretary shall become effective for the purposes of this Act upon the date that the final report of the Secretary is submitted to Congress and shall not be reviewable in any court. |