1 2 3 immediately undertake a comprehensive reexamination of the Corporation's route structure from a zero base and pre 3 pare his preliminary recommendations for a Corporation 4 route structure which will provide an optimal intercity rail5 road passenger system based upon current and future 6 market and population requirements. In developing his 7 recommendations, the Secretary shall consider the adequacy of other transportation alternatives serving the same points; 9 any unique characteristics and advantages of rail service as 10 compared to other modes of transportation; and the relation11 ship of the benefits of given services to the costs of providing 12 such services. 8 13 (b) PRELIMINARY RECOMMENDATIONS.-The Secre14 tary shall develop and publish his preliminary recommen15 dations required under this section on or before May 1, 1978. 16 Such recommendations shall include (1) a recommended route system by end points and principal intermediate points to be served; (2) quality and type of service recommended for each route in terms of frequency, speed, and classes of service offered; (3) ranges of projected operating expenses, rider ship, and revenues, by route; (4) an estimate of the equipment and facilities necessary to support the recommended system; and 1 4 (5) based upon the route level projections, an 2 estimate of operating and capital appropriations re 3 4 quired to operate the system for fiscal years 1979 through 1982. 5 (c) PUBLIC COMMENT.-The Secretary shall publish 6 and submit his preliminary recommendations to the Na7 tional Railroad Passenger Corporation; Interstate Com8 merce Commission; the Governors of every State; railroads 9 affected by the recommendations; labor organizations duly 10 authorized under the Railway Labor Act to represent rail11 road employees and such other organizations as may so 12 request in writing to the Secretary. Those parties are hereby 13 invited, within 90 days after receipt of the preliminary re14 port of the Secretary, to review such report for consistency 15 with the purposes of this Act and to provide the Secretary 16 with their comments and recommendations in writing. 17 (d) FINAL REPORT.-Within 90 days after the close 18 of the public comment period provided for in section 3 (c) 19 of this Act, and after due consideration of same, the Secre20 tary shall submit his final report designating the basic system 21 to the Congress. Such final report shall include a summary 22 of recommendations received, together with his reasons for 23 not adopting any such recommendations. 24 (e) REVIEW BY CONGRESS.-The Secretary's final re25 port required under section 3 (d) shall be deemed approved 5 1 2 3 4 5 6 7 at the end of the first period of 60 calendar days of con tinuous session of Congress after the date of transmittal of the final report, unless the Congress passes a concurrent resolution stating that such report recommendations are not approved. If the Congress passes a resolution of disapproval, the Secretary shall submit to the Congress, within 60 days of disapproval, a report embodying his revised recommendations which shall be deemed approved when the Congress 9 passes a concurrent resolution stating that such revised report recommendations are approved. For the purposes of this section, continuity of session of Congress is broken only by an adjournment sine die; and the days on which either 8 10 11 12 13 House is not in session because of an adjournment of more 14 than three days to a day certain are excluded in the com15 putation of the 60-day period. 16 (f) The National Railroad Passenger Corporation shall, 17 upon approval of the Secretary's final report, immediately 18 commence implementation of the system designated therein 19 and shall complete implementation within 60 days. 22 20 (g) In cases of discontinuance of service, the Secretary 21 shall consider the need for future rail passenger service by negotiating, under reasonable terms and conditions, options 23 for the future use of railroad plant, rights-of-way, facilities, 24 and structures. 6 1 (h) The provisions of section 404 (c) (1) of the Rail 2 Passenger Service Act, as amended, shall not apply to the 3 preliminary recommendations and final report of the Secre4 tary prepared pursuant to this Act, and shall not apply to 5 the implementation by the National Railroad Passenger 6 Corporation of the system designated in said final report. 7 Except as herein provided, nothing in this section suspends 8 or terminates the authority of the Corporation to make route 9 and service changes under the provisions of section 404 10 (c) (1). 11 12 233 13 RESTRUCTURING OF THE NATIONAL RAILROAD PASSENGER CORPORATION SEC. 4. (a) The second sentence of section 541 of title 14 45 is amended to read as follows: "The Corporation shall 15 provide intercity rail passenger service.". 16 (b) Notwithstanding any other provision of law, the 17 term of each member of the board of directors shall expire 18 on the date of approval of the Revised Basic Rail Passenger 19 System established pursuant to section 3 of this Act. (c) Section 543 of title 45 is amended to read as 21 follows: 22 "8543. Directors and officers 23 "(a) (1) The Corporation shall have a board of 3 24 directors who are citizens of the United States selected as 25 follows: 1 2 7 (A) the Secretary of Transportation, (B) the Secretary of the Treasury, 3 4 (C) one member elected annually by the common stockholders of the Corporation. 5 "(2) Any vacancy in the membership of the board shall 6 be filled in the same manner as in the case of the original 7 8 selection. "(3) The board shall elect one of its members annually 9 to serve as chairman. 10 "(4) Any member not employed by the Federal Gov11 ernment shall receive compensation at the rate of $300 for 12 each meeting of the board he attends. In addition, each mem13 ber shall be reimbursed for necessary travel and subsistence 14 expenses incurred in attending meetings of the board. "(b) BYLAWS.-The board of directors is empowered 16 to adopt and amend bylaws governing the operation of the 17 Corporation. Such bylaws shall not be inconsistent with the 18 provisions of this chapter or the articles of incorporation. 15 19 21 "(c) APPOINTMENT; TENURE, DUTIES OF PRESIDENT 20 AND OTHER OFFICERS.-The Corporation shall have a president and such other officers as may be named and appointed 22 by the board. The rates of compensation, of all officers shall 23 be fixed by the board. No officer of the Corporation shall re24 ceive compensation at a rate in excess of that prescribed for 25 level II of the Executive Schedule under the section 5312 of |