Page:United States Statutes at Large Volume 95.djvu/673

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 647

PART 2-TRANSFER OF RAIL SERVICE RESPONSIBILITIES Subpart A—Transfer of Conrail Commuter Services END OF CONRAIL OBLIGATION

SEC. 1136. Notwithstanding any other provision of law or contract, 45 USC 744a. Conrail shall be relieved of any legal obligation to operate commuter service on January 1, 1983. ESTABLISHMENT OF AMTRAK COMMUTER

SEC. 1137. The Rail Passenger Service Act (45 U.S.C. 501 et seq.) is amended by inserting immediately after title IV thereof the following new title: "TITLE V—AMTRAK COMMUTER SERVICES "SEC. 501. ESTABLISHMENT OF AMTRAK COMMUTER

45 USC 581.

"(a) There shall be established, no later than November 1, 1981, a wholly-owned subsidiary of the Corporation to be known as the Amtrak Commuter Services Corporation (hereafter in this Act referred to as 'Amtrak Commuter'). "(b)(1) Amtrak Commuter shall not be an agency or instrumentality of the Federal Government. Amtrak Commuter shall be subject to the provisions of this Act and, to the extent not inconsistent with this Act, to the District of Columbia Business Corporation Act. DC. Code 29-90:i. "(2) Amtrak Commuter shall be a contract operator of commuter service on behalf of the commuter authorities that contract with Amtrak Commuter for the operation of commuter service under this title. Amtrak Commuter sh^l have no common carrier obligation to operate either passenger or freight service. "(c)(1) Amtrak Commuter shall not be subject to the jurisdiction of the Commission under chapter 105 of title 49, United States Code, but 49 USC losoi et it shall (treated as a separate rail carrier) be subject to the same laws *^^and regulations with respect to safety and with respect to the representation of its employees for purposes of collective bargaining, the handling of disputes between carriers and their employees, employee retirement, annuity, and unemployment systems, and other dealings with its employees as any rail carrier providing transportation subject to the jurisdiction of the Commission under such chapter 105. "(2) Amtrak Commuter shall not be subject to any State or other law relating to the transportation of passengers by railroad insofar as such law relates to rates, routes, or service, including any modification or discontinuance thereof. "(3) Amtrak Commuter shall be exempt from the payment of taxes to the same extent as the Corporation is exempt under section 306(n) of this Act.

Posi, p. 692.

"(4) The provisions of section 10 of the Clayton Act (15 U.S.C. 20) shall not apply to transactions between Amtrak Commuter and the Corporation. "(d) The Board of Directors of the Corporation shall be the incorporators of Amtrak Commuter and shall take whatever steps are necessary to establish Amtrak Commuter, including filing articles of incorporation.

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