Page:United States Statutes at Large Volume 87.djvu/581

 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 discussions at any such meeting. " (7) No member appointed by the President may— Prohibitions. " (A) have any direct or indirect financial or emjjloyment relationship with any railroad, nor " (B) have any significant direct or indirect financial relationship, 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 subsection, 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 serving under such appointment on such date 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-hundredtwenty-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 appointment 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 ervSEO. 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 part of the basic passenger services authorized by this Act, except that nothing contained in this Act shall prevent any other person, other than a railroad (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 person on the date of enactment of this paragraph under contracts entered into before October 30, 1970.

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